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HomeMy WebLinkAbout1978-10-30 City Council Summary MinutesSpecial Meeting October 30, 1978 (Fifth Monday) ITEM Minutes of September 18, October 2, and October 10, 1978 Oral Communications Consent Calendar - Action Items 335 Bryant Street —Zoning Ordinance Change of Classification From P14-4 to CC(P) Laura Lane, East Bayshore Road and Arastradero Road -- Ordinance Prezoning Parcels GM, PF, and OS Foothill Park Fuel Storage System Ordinance to Extend Amortization Period for Massage Establishments Ordinance Adding Section to Municipal Code to Dedicate Scott Street Mini -Park Appointment of City Attorney - Roy C. Abrams Public Hearing re Certificate of Convenience and Necessity for Peninsula Cab Leasing Company dba Yellow Cab Co. (Continued on Page 275) Amendment to Piggyback Agreement with County Rousing Authority (CHA) for Seven Units at Greenhouse Development Public Information Referrals - City Clerk's Report Public Hearing - Peninsula Cab Leasing Carry (Continued from Page 274) Recess to Execrostive Session re Litigation Rest of Vice Mayor Henderson re Proposed ordi nInce to Regulate Hot Tub/Sauna Establishments Contract for Theater Repairs Planning Commission Recommends re Road Safety Improvements for. Portions of Arastradero Road Recovery of Precious Metals from Sewage Sludge Incinerator Ash PAGE 270 2 72 272 272 272 273 273 273 273 274 275 275 284 284 284 285 285 Motion to Table Item re Administrative Structure for 2 8 7 Solid l4asta Management in Santa Clara County Urban Lane - Un l very i tp Avenue university Avenue Parking Assessment District - Change 2 8 7 and Modification Proceedings Cancellation of November 6 Council Mmeeting Oral Communications put • C'' 269 287 289 289 289 Special Meeting October 30, 1978 (Fifth Monday) The City Council of the City of Palo Alto met on this date at 7:30 p.m., with Mayer Carey presiding. PRESENT: Brenner, Carey, Clay, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: Eyerly Mayor Carey announced that at 9:15 Council would recess to executive session for about 30 minutes. MINUTES OF SEPTEMBER 18, 1978 sn.rror..�■na�r�rd���rrrr ■ +�o■■i■r e.v Vice Mayor Henderson referred to page 185 and asked that the next to the last sentence in the fourth paragraph read instead: "The possibilities of use of Leslie Salt Company evaporatiig ponds had ndt been talked about." Vice Mayor Henderson referred to page 193 and asked that the next to the last paragraph read instead: "Vice Mayor Henderson ascertained that the residents of the Ellers' hoarse did not $ n or drive cars," Councilmember Brenner referred to page 179 and asked that the last line read instead: "Councilmember Brenner voting "ono" on the ratter concerning 670 San Antonio Road." Councilmember Brenner asked that on page 191, third line, the sentence read instead: "Was the road for the exclusive use of the three properties, or did it serve the area through which it went?" Councilmember Witherspoon asked that the fourth paragraph on page 188 read instead: ''Councilmember Witherspoon said it was °difficult for her to understand how staff could have said 'teat the project would not have a ,significant environmental impact, until the eleven conditions had been ii t " Councilmember Fazzino asked that in the first paragraph on page 198 the first four lines read instead: ''Councilor Fazzino said he thought the Planning Commission's approach had been sensitive and would support its original recommendation. The Ellers-had one year to convince the neighbors that the Ellers' use of their home was appropriate in their residential area. Councilwember Fazzino said he was impressed by the support the Ellers had received and by their proven track record in the Walter Hays area . ' Councilmember Fletcher referred to page 189, and pointed out that Council member Sher had been the speaker for the fourth paragraph. Councilmember Fletcher referred to page 194, eighth paragraph and asked that the second sentence read instead: 'She had observed two double bedrooms and one young lady who slept alone in a room. A route for her would be desirable," Councilmember Fletcher referred to page 196, fifth paragraph, and asked that the first sentence read instead: "Councilmember Fletcher said that the habits of the residents could also be a consideration of reducing the number of residents from six to five." MOTION: Councilmember Sher moved, seconded by Fazzino, that Council approve the minutes of September 18 as corrected. The motion passed on a unanimous voice vote, Councilmember Eyorly absent. 270 10/p0/78 1917 MINUTES OF OCTOBER 2 1978 Councilmember Witherspoon observed that no mention had been made on page 206 regarding her non -participation in the Sand Hill Road discussion. Mayor Carey asked that the minutes state that he and pouncilmembers Sher and Witherspoon did not participate in the discussionof.the Sand Hill Road matter. Vice Mayor Hen4ers40 referred to page 202, and asked that the first two sentences in paragraph four read instead: "Vice Mayor Henderson said he thought the staff analysis differed `fron what neighborho«d people felt would be the case. He thought "...it was a lousy location for a liquor store." Vice Mayor Henderson asked that on page 216,. the fourth paragraph read instead: "Nice Mayor Henderson noted,that the comparison figures showed traffic increase on Sand Hill itself, He said he was surprised that more people would not hunt up less congested intersections --Alpine was very congested. Why wouldn't people use Campus Drive and Junipero Serra and go to Page Mill, for example, if they were going south?" Vice Mayor Henderson asked that on page 216, the thirteenth paragraph read instead: "Vice Mayor Henderson said he thought that when a vote was taken on an SlitIR at the Planning Commission the names of those for and against should appear. He asked if such a record of the votes on the Sf,tIR was available." MOTION: Councilmember Witherspoon moved, seconded by Brenner, that the Minutes of October 2, 1978, be approved as corrected. The motion passed on a unanimous voice vote, Coincilmember;Eyerly absent. MINUTES OF OCTOBER 10, 1978 - Councilmember Fletcher referred to page 2309 and asked that the last sentence of the fourth paragraph re4d instead: "There wee also smaller costs, to be paid by the City, 'related to the proposed project; how could the City have already spent the money?" Councilamer Fletcher referred to page 231, third paragraph, and asked that the following be ir6erted: "Just this past week staff had responded that such a configuration mould increase congestion significantly." Councilmember Fletcher referred to page 232, and asked that the first sentence of the last paragraph read instead: "Councilor Fletcher confine that Council was now starting to make a decision, regardless of a decision which had been made last year." Coancilammber^ Fletcher referred to page 232, last paragraph, tenth line, and asked that the number of trips per day be changed from 200 to 300_ Vice Mayor Henderson referred to page 233 and asked the third paragraph read instead: "Vice Mayor Henderson said he had talked to. some M e i1 o Party people who said they diove Alpine to 280 because there were fewer traffic lights than on Sand t H111 Road and that this could be corrected in a Manner tomake Sand Hill the main route to 280. This would greatly relieve the left -tug conge*tion problem at Sand Hill and Santa Cruz." Vice Mayor Henderson referred to page 234. -and asked that the sixth paragraph read instead: "Vice Mayor Henderson thanked the public, participants, consultants, staff and markers". MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that Council epprove the minutes of October 10, as corrected. The emotion passed on a unanimous voice vote. Councilmember Eyerly absent. 271 10/30/78 ORAL COMMUNICATIONS 1. Bernice Zelditch spoke for Foothill College and the United Nations. She pointed out that October 31, 1978, was Children's Day. The United Nations, she said, had proclaimed 1979 as the International Year of the Child, with the proclamation asking that developing and developed nations examine their programs for children so that children could attain the potential each of them had. She said that President Carter had . acknowledged that communities should inventory needs of children and begin action projects. She asked that the City Council of Palo Alto do likewise. She presented a plaque to the Cou.::11 which commemorated the year; the plaque bore the logo .of the United Nations. 2. Frank Manfredi, 219 Addison, spoke against a possible increase in taxes and deplored the Palo Alto Times' opposition to Proposition H related to the rent relief issue to appear on the November 6 ballot. He said the people were entitled to a refund on tax savings landlords had gained from passage of Proposition 13. CONSENT CALENDAR Councilmember Fazzino asked that the matter concerning Public Information referrals be removed from the Consent Calendar. Councilmember Brenner asked that the ratters concerning Urban Lane and the County Housing Authority agreement be removed from the Consent Calendar, Councihre ber lWitherspcon asked that the matters concerning Theater repairs and Recovery of Precious Metals from Sewage Sludge Incinerator Ash be removed from the Consent Calendar. The following items remained on the Consent Calendar: 335 BRYANT STREET-- `�E OF �_ Cam( ORDINANCE 3090 entitled ;'ORDINANCE OF THE COUNCIL OF THE tea'— P C 1 LTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CAGE THE CLASS I F I CAT ION OF PROPERTY KNOWN AS 335 BRYANT STREET FROM RR -4 TOCC(P)" (First reading 10/16/78) LAURA LANE EAST BAYSH E ROAD E L ORDINANCE 3091 entitled "ORDINANCE OF THE COUNCIL OF THE CI'T'Y D' PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO PREZONE CERTAIN PARCELS IN THE VICINITY OF LAURA LANE, EAST BAYSNORE ROAD AND ARASTRADERO ROAD 1, 144 AND OS." (First reading 10/16/78) FOOTHILL PARK FUEL STS (CMR:438:8) Staff recommends that Council approve the Park Improvement ordinance, and award the construction contract to Eagan and Paradiso in - the mount of $130820.00 sr1 dirt staff to proceed with the project. 272•; 1O/30/78 � _/ ORDINANCE 3092 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING PLANS FOR A NEW FUEL STORAGE SYSTEM IN FOOTHILLS PARK." (First reading 10/16/78) ORDINANCE TO EXTEND AMORTIZATION VERTUTTIMMTZTTSTXRTSTFENTs ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SUBSECTION 4.54.110 (17) OF THE PALO ALTO MUNICIPAL CODE TO EXTEND THE AMORTIZATION PERIOD FOR MASSAGE ESTABLISHMEtTS (1st Reading) ORDINANCE ADOING SECTION ICI MUNICIPAL CODE TO OEU1 CATE�[ x4556:8 ) ORDINt (CE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 22.08. (PARK DEDICATIONS) OF THE PALO ALTO MUNICIPAL CODE BY ADDING SECTION 22.08.310 (SCOTT STREET 1RINIPARK) (Furst Readt g) NOTION: Cour'cilmembAr Witherspoon proved, seconded by Henderson, that Council approve the ordinances for first and final reading,. The motion passed on a unanimous voice vote, Councilrmerrber Eyerly absent. APPOINTMENT OF CITY ATTORNEY -- MOTION: Councilrember Fazzino moved, seconded by Henderson, that Council approve the appointment of Roy C. Abrams as attorney for the City of Palo Alto, effective December 1, 1978-. The motion passed oh a unanimous voice vote, Councilmemb'er Eyerly absent. Mayor Cary; welcomed Mr. Abrams to the City of Palo Alto. :452:8) Mayor Carey said that it was the time and place d p; b1 is Bari►: j: consider the matter of the Certificate of Convenience and Necessity for the Peninsula Cab Leasing Company, doing business as the Yellow Cab Company. The hearing had been advertised in the Palo Alto Tfines on October 20, 1978. The hearing was being held for the purpose of deter- mining whether conditions existed to warrant the revocation of Peninsula Cab Leasing Co ny' Certificate of Convenience and Necessity issued in June, 1978. Municipal Code Section 4.42.070 provides that the City Council may revoke the certificate for any cause which would have warranted the denial of the certificate in the first instance or for fellure to comply with any of the provisions of Chapter 4.42 of the Palo ,alto Morn i c i pa l code pertaining to taxicabs. The City Council and owner of PeninsulasCab LeastnS, Mr. I4aViore, have received a City staff report which sets forth several separate grounds for revoking Peninsula Cab Leasing Company's Certificate of Convenience and Necessity. The report contains results of numerous inspections conducted by the City staff over the past few weeks ohich the staff contends strongly support its recommendation for revocation of the Certificate of Convenience and Necessity. Procedurally, Mayor Carey said, the order of the hearing 273 10/30/70 would be first to have a presentation by staff; questions to staff from the City Council; questions to staff from Mr. Maggiore and his rebuttal, then public comment, and finally, an opportunity for Mr. Maggiore to make a statement and present evidence. Mayor Carey said that since Mr. Maggiore had not yet arrived it mould be best to continue the matter until he arrived. MOTION: Mayor Carey moved, seconded by Henderson, that the public hearing be continued until Mr. Maggiore arrived. The motion passed on a unanimous voice vote, Councilmember Eyerly absent. MOTION: Vice Mayor Henderson moved, seconded by Carey, that the matter concerning the County Housing Authority (CHA) be brought forward. The :motion passed on a unanimous voice vote, Councilmemiber Eyerly absent. AMENDMENT TO PIGGYBACK AGREEMENT WITH EN Councilmember Brenner said she had removed the matter from the consent calendar to find out if the Greenhouse Company still owned the seven units and if the company had given any background as to why it was raising the rent --had any account been taken of a rebate resulting from passage of Proposition 13? Naphtali Knox, Director of Planning and Community Env=ironment, said that the seven units had been owned for some time by three individual property owners, each of whom needed additional money "...in order to realize a zero cash flow to pay the mortgage and the maintenance on the property." Councilme+mber Brenner asked if the maintenance costs were higher. Mr. Knox replied that he had no detailed infor ation. He did not know if the tax reduction had been taken into account. According to the contract the ewnefs could decide, through Section 23, not AD continue, in which case the tenants of that time would be relocated hard the units would be sold on the marketplace. The City could "piggyback'" the federal maximum, in order to allow the County Housing Authority to Maintain the subject units in its Section 23 program. The amendment before Council would do that. Counci lmember Brenner said she applauded the CHA's successful efforts to maintain the units. MOTION: Councilmember Brenner introduced the following ordinance, along with the amendment, and, seconded by Witherspoon, moved that Council approve the ordinance and authorize the Mayor to sign the agreement. AMENDMENT NO. 4 TO COOK - TRAMS AGREEMENT --Housing Authority of the County of Santa Clara ORDINANCE 3093 entitled "ORDINANCE OF THE COUNCIL OF THE CITY -Or PALM ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1978-79 TO PRO`s I DE AD0 i 1 I OAlAL FUNDS FOR THE COOPERATION AGREEMENT WITH THE SANTA CLAM COUNTY Ht !NG AUTHORITY." The motion passed on a unanimous voice vote. Councilm er Eyerly absent. MOTION: Council or Brenner moved, seconded by Witherspoon, that Council bring the matter of Public information referrals forward for 274 10/30/78 discussion. The motion passed on a unanimous voice vote, Councilmember Eyerly absent. PUBLIC INFORMATION REFERRALS -- CITY CLERK'S Rr.poR1 MOTION: Mayor Carey, who had chaired the Committee meeting, introduced the Policy and Procedures Committee recommendation to Council regarding Public Information referrals, that Council accept the City Clerk's report and recommendation that the lobby desk not be staffed by an employee from the Clerk's office, and approve the redirection of the main information telephone line to the Communications Division. Councilmember Fazzino said he had removed the matter from the consent calendar because the Policy and Procedures Committee had. de no recommenda- tion for Palo Alto Area Information and Referral Service (PAAIRS) to staff the "doughnut" in the lobby of the 'City Hall. Was PAAIRS to develop an idea for staffing the "doughnut" -and then return to Council? Mayor Carey recalled that the committee recommendation did not prohibit such a : proposal , though concern had been expressed about 0 non -City entity using the space, - Councilmember Witherspoon said PAAIRS had made a recommendation to the Policy and Procedures Committee, but its own board had not.yet seen it. She recalled that PAAIRS was going to discuss it further and return with a proposal. Councilmember Fazzino said he had offered a motion about a year ago to place the information line with the City Clerk's office, ra er than keeping it with Communications. He thought the City C1erk'stoffice was the main source of information about the City, and the mode of greeting incoming requests for information was better than Communication's "telephone beep." Ann Tanner, City Clerk, said that one outcome of the City Clerk's project of staffing the lobby desk and answering the information line had been that when the six months were over, the calls were again referred to. Communications for 24 -hour -a -day answering. The report to the Committee had also suggested that, if Council wished, the information line, 329- 2311, could be answered from 8 a.m. to 5 p.m. by the City;Clerk's office. That information had been included in the report, but was not acted nn by the Committee. Information calls would add about twenty- five calls per day to those now being received by the City Clerk's office. AMENDMENT: Councilmember Fazzino moved, seconded by Brenner, that the City Clerk's office answer the main information lure from 8 a.m. to 5 p.m. on City business days. The amendment passed on a unanimous voice vote, Councilmember Eyerly absent. MAIM MOTION AS AMENDED PASSED: The main motion, that Council approve the City Clerk's report recommending that the lobby desk not be staffed by an employee from the Clerk's office, as bmended, passed on a unanimous vote, Councilmember Eyerly absent. BLIC iiEARING..�PENI ULA C LEASING COMPAN on roan ags Ted iioguchi, Director of Transportation, listed the complaints against the company: 1) failure to operate so as to render overall service to the public; 2) failure to operate to the extent necessary to meet 275 10/30/78 public demand; 3) failure to have sufficient financial responsibility to properly conduct the business. Mr. Noguchi described the present physical setting of the Peninsula Cab Company --a combination office and dispatcher service in rented space within the cluttered carters of a parcel delivery service in Mountain View. Mr, Maggiore n d said that the company was renting only while bunting for permaneht' uarters. Yet staff had not received any report th tiMr. Maggiore had f grid permanent quarters, and so he was having difftculty in keeping the proper number of cabs in service. Mr. Maggiore stated that additional cabs, though they could not be parked at the parcel delivery service, were parked on adjacent public streets. Joan Thompson, Department of Transportation, said that the City had been conducting a spot check of the cab company's operations since September 19. They visited the office, observed operations, collected information on number of calls for both regular and Project Mobility. A table giving that information was attached to the report. Average dispatch time was 31 minutes; Project Mobility calls were 14 minutes on the average. "Dispatch time" represented time between reception of the call and dispatch of the cab. Actual waiting time for the passenger was longer and ran about 45 minutes for regular calls, and about 28 minutes for Project Mobility calls. Some people had waited as long as one and one- half hours, a spot check had shown. About 7.8 cabs were dispatched; the former owner had 18-20 cabs to serve Menlo Park, Atherton and Palo Alto, with service to Mountain View having been added by the previous owner, Mr. Demeter, during his last few months of operation. Mr; Maggiore had also added Los Altos, meaning he tried to serve a larger area with one- third to one-half as many cabs, and a resultant lowering of level of service. Mr. Maggiore had said that the spot checks conducted by the City had taken place exclusively during peak traffic periods; Ms. Thompson said that only one-third of the checks had been conducted at those times.. Mr, Maggiore had also claimed at the October 16 Council meeting that he had fourteen cabs operating. A spot check the following day, October 17, showed he was dispatching only six cabs. Mayor Carey informed Mr. Maggiore that he had the right to question or cross examine evidence presented and statements made. Mr. Maggiore, owner of the Peninsula Cab Leasing Company, submitted dispatcher's tickets for October 17 refuting the statement that there was an additional 14 minutes' waiting time. A time starnp,of when the call was received and again when the passenger was picked up showed the statement about delay was incorrect, he said. He submitted the tickets to the City Clerk. Courcilmember Fletcher asked what the average response time was for a Palo Alto cab customer. Me. Maggiore said the response tins varied from day to day, Project Mobility calls had al) been double stamped,and there was not 14 minutes' additional waiting time. On September 19 the staff report showed that with, Project Mobility there had been an average of less than 15 minutes response time. The staff report showed that about one-third of the calls were answered within 15 minutes. councilme€+tber Fletcher said the concern was for the overall service, not just the Project Mobility calls. She thought the distance from Mountain View to Palo Alto could well take 14 minutes. @3r. Maggiore said that most of the calls were in the Palo Alto area -- drivers began work at 5 a.m., and usually in Palo Alto went to the Holiday Inn and Rickey's Hyatt House. 276 10/30/78 Vice Mayor Henderson repeated the question about the average time between receiving a call and picking up a passenger. Mr. Maggiore said the average time was about 20 minutes. Staff had noted the time between when the call was received and when, the cab was dispatched. The tickets he had given the City Clerk showed, an average of about 15 minutes. Vice Mayor Henderson ascertained that Mr. Maggiore meant .teat from when the call was received to when the cab reached the home the time was about 15 minutes. Mr. Maggiore agreed. He said "The staff report tacked on another 14 minutes frmn when the telephone call comes in, before it's dispatched) until they got picked up. We use a double time, and a doubTe'time is when a call comes on the telephone and when the taxicab driver actually picks up the person --those times are reflected on the tickets that 1 gave in here. . . ." Vice Mayor Henderson said the staff eurvey showed an average of 31 minutes dispatch time, and Mr. Maggiore said that In addition there was an average of about 14 minutes from the time of the dispatch until the person is picked up —so that was an average of abi utel5rinutes. Mr. Maggiore, then, was saying, that the whole time was 15 eifutes, not 45 minutes? Mr. Maggiore said that if all the tickets were averaged out it would cone closer to 15 minutes. Councilor Clay isked what the contract said about response time, nor of cabs to be in service, physical setting, and so on? Don Maynor, Assistant City Attorney, said the Project Mobility contract referred to a 15 -minute response time —however, the Project Mob i 1 i ty contract was rot the prime concern that evening. There was no specific requirement beyond being "reasonable." The ordinance said the time shou/d be "...as soon as they can do so." The owner, when applying for a certificate, was entitled to have up to a certain weber of cabs; if the owner wanted to increase the number he would have to get permission. Counci lr Clay asked how many cabs the owner was entitled to. Mr. Maynor said the certificate read that there could be 40 cabs. At the time of issuance of the Certificate of Convenience and Necessity, Mr. Maggiore was only operating 20 cabs, and he had wanted the capability of expanding his operation. Councilmember Clay asked that would be the result of reaoking the license. me. Maynor said that there Would be no cab service) though some other companies had expressed interest. He thought it would not be appropriate to revoke until W. . Maggiore had had a fair hearing Councilaember Sher remarked on the disparity between response time reported by staff and that reported by Mr. Maggiore. He referred to the table shown on the staff report, and asked where the information had been obtained. Ms. Thompson said that staff had actually observed the dispatching and recorded the times. When staff first started observing, the dispatcher was recording only the time of receiving the call and the time of the cab's dispatch. During the last week the dispatcher was also recording 277 101 » i 1 0Z 77 the time of the actual passenger pickup instead of the dispatch time. Since the cab driver did not always call when the pick up was made, it was sometimes difficult to record the pick-up time. Councilmember Sher concluded that sometimes staff estimated when the actual pickup wee made. The last week's observation let to concluding the average response time ways 14 minutes. The tickets that showed the two time observations of receiving the call and time of passenger pickup were for October i7. Councilmember Sher.satq it would be useful if Ms. Thompson would look at Mr. Maggiore's tickets for that day. Valerie Lehrkir . Palo Alto Police Department, said she observed from 12:15 p,m. to 2:45 p.m. on October 17. She would be able to match the slips against her records of that time span. At the time of doing her own recording she had also consulted the dispatcher's slips. Ms. Thompson said that on those tickets two times had been recorded, and noted also they were all Project Mobility calls. Councilmember Sher asked if Ms. Lehrkind disagreed that the times recorded by the dispatcher were the time of receiving the call and the time of the pickup. Ms. Lehrkind said she could not claim 100 percent accuracy, for it got very busy at the dispatcher's desk, Councilmember Sher asked if, in Ms. Lehrkind's opinion, the dispatcher had recorded the time of the call and the time of the dispatch, or the time of the call and the time of the pickup, or, perhaps, sometimes one and sometimes the other. Ms. Lehrkind said the dispatcher made every effort to record the time of the pickup; it was very busy at the dispatcher's desk, Councilmember Sher asked if the time of the dispatch was recorded. Did the final times on the :;l l ps represent response time of dispatch or time of pickup. Ms. Lehrkind said she and Ms. Thompson agreed that those time recordings varied between time of dispatch and time of pickup --it was very hard to get consistency the way the desk was set up. Steve Mylroie, 415 Fernando Avenue, said many residents of his area were elderly and used taxi service. He wondered if there was an alternative to "...this level of service," and he did not want one result of the inquiry to be no taxicab service at all. "Rod" Rosendo Rodriguez, VA Hospital Blind Rehabilitation, said that students had the experience of waiting one to one and ore -half hours for a taxicab. Some of the equipment was not up to par. He hoped there would be a bus lire to the Center. Pete Del Valle, said he also was at the VA Hospital and had experienced the same difficulty with taxicab service. Reverend E. W. Poindexter, VA Hospital Blind Rehabilitation, said he thought the City should encourage the present company to maintain their equipment better, and also the City should encourage another company to come i n . 278 10/30/78 Betty M. Johnson, 656 Lytton Avenue, reported an incident when the cab driver had been rather rude, but she had not taken the driver's number when he did not help her get out of the cab. Mary M. Moore, Lytton Gardens, 656 Lytton Avenue, spoke for Franca Costello, and other neighbors, who waited for cabs up to one and one- half hours. Marianna S. Auer, 842 Clara Drive, said she thought itwould be too bad if Project Mobility were discontinued. She needed taxica s to go to her volunteer work. Almost all the service she received was good. Edna Fisher, 455 E. Charleston Road, said the taxicab service she received was hit and miss, mostly "miss." She hoped the service mould be continued. Carrie Mishaw, 656 Lytton, said she was dependent on the taxi service and hoped it would not be !taken out of Palo Alto. Mrs. 8untenbach, 656 Lytton Avenue, said she waited up to one and one- half hours for cabs, and the drivers were not cordial about taking parcels into the lobby. She approved the City of Palo Alto inquiring into the reasons for the bai service. Linnie Laird, 656 Lytton Avenue, thanked the City for supplying the taxicab service, Some residents at Lytton Gardens had to call two or three times to get a cab, and sometimes had to cancel appointments because cabs had not come in time. Mary Rappaport, 832 Kip:ing, recounted an episode several years ago where she had to wait two hours for a cab to cone_ -the driver had not been able to find her address. All the drivers had beet very helpful in helping her son into the cab --he was confined to a wheelchair. Mr. Rappaport, 832 Kipl ing, said that he used the cab to use the C.A.R. pool on Middlefield and Charleston. He had found that cabs were sate when there was rain or bad weather, and also toward late afternoon. He suggested the City loan money to the cab company toward the purchase of some new cabs. Mr. Maggiore, Peninsula Cab Leasing Company, thanked all those who spoke about the cab service. He said he would respond to statements made in the staff report: to the charge that he could not maintain his cabs because he did not have a permanent shop, he said he would have one at the beginning of November at 180' Calderon in Mountain View; in the eatter of scrip issued for Project Mobility his company had taken in $1,071 for October. That scrip had' beery issued prior to June 5, 1978. He had taken over the cab company on July 1, and had redeemed 3905 of new scrip; of scrip which his company had sold, $?420 had been redeemed. About $3000 in old scrip issued in 1975 and 1976 was "still out there." He had redeemed $1,07/ of old scrip, and that redemption had "...seriously cut into ey cash flow," and it had produced a negative cash flow in the first month of July, during which he had put in 37,000 of his own mosey to redeem scrip brought in by his drivers to pay for some insurance coverage and the leases of the drivers. Mr. Maggiore referred to the statement "..,doe:, not have sufficient financial responsibility ad experience to properly conduct such a•business." He reviewed his personal cab driving experience, and he noted that the previous owner had lost $300000 In one year on the operation. He himself had lost many but he had put 363,000 into the business in cash, which he thought was "financially responsible." He asked that clients of Project Mobility mail him their old scrip so that it could be taken out of circulation. His company "...would makt some restitution" for it; his drivers were redeeming the 279 10/30/78 old scrip at face value, and that was contributing to his financial loss. He listed some repairs now being made to some of his cabs. Councilmember Fazzino asked when Mr. Maggiore thought his company would reach the appropriate level of service. Staff had hot received a reply to that question to him. 1 1 Mr. Maggiore said that he thought within two or three weeks the company would have five or six more calls •oft the road as repairs were finished. Mayor Carey asked ifthe area to be served was going to be expanded along with the number of cabs. If service to Mountain View were added the additional number of cabs would not increase actual available service. Mr. Maggiore said he had moved to Mountain View because the previous owner's operation in Palo Alto had been unionized, and to avoid that, the new owner, himself, had to move off the premises. He had serviced Mountain View "all along." The area his cabs served would be unchanged. Councilmember Sher asked if Mr, Maggiore was suggesting that his company would make some adjustment on the old scrip that was still outstanding. Mr. Maggiore replied that he was. Councilmember Sher pointed out that in the letter of agreement signed June 309 signed by both Mr. Maggiore and Mr. Oemeter, Mr. Maggiore agreed to carry out the terms of agreement Mr. Demeter had had, including honoring that outstanding scrip; was Mr. Maggiore saying there was more scrip than expected? Mr. Maggiore said he had been led to believe there was only about $3000 outstanding in old scrip, yet, in the month of October he had taken in $1071 of it. "Old" scrip had earlier than "600" numbers. Councilmember Sher asked why scrip was "old" if some of it had been sold by Mr. Maggiore's company. Mr. Maggiore said he had not issued "old" scrip: he had issued scrip in $20 books since July 1, 1978, Scrip issued before that was "old" scrip. That had been in $10 amounts. Councilmember Sher said that he assumed Mr. Maggiore was saying that in the months since he had been in operation he had honored more than $3000 in "old" scrip, and feared there was still more "out there." Mr. Magg ore agreed. Councilmember Fletcher asked if some of the six replacement cabs would replace old equipment, or would they be in addition to the old equipment. Mr. Maggiore said they would be old equipment, but repaired, Checker Cabs from 1972 and 1973 were still quite serviceable. A 1969 Oldsmobile would be added and would be "...a brand new cab" which he was going to register as a connercial vehicle. Gourd lmmamber Fletcher asked for a definite time when there would be the complete number of cabs. Mr. Maggiore said that he thought in two months from now he would have 20 cabs in service. Some da's were to be repainted. Mayor Carey asked Mr. Maggiore what experience in addition to his three years driving a cab in San Francisco he had had, as manager or other - than --driver capacity. ' Mr. Maggiore said that he was a freight conductor for the Penn Central railroad from 1950 to 1970, with supervision over five men, all drawn from a pool of about 2000 extra merg; he had operated a liquor store, driven for a limousine service; owned a fast food restaurant, and from there he had gone into this taxicab business. mayor Carey asked if a bond could be posted. Mr. Maggiore said a bond would not be available to his company because his liquid assets were less than $100,000. That situatio ,could not change. A check being held by the City, he said, made pa able to both himself and the City, could be held in lieu of a performance bond. Councilmember Witherspoon ascertained that if the license to Mr. Maggiore were revoked he could continue his service, but he could not take calls within the Palo Alto area. Mr. Mayrtor, assistant City Attorney, said that if the license were revoked and if Mr. Maggiore received telephone requests he would have to turn them down. That was the case now with a Redwood City cab company, which received calls from Palo Alto but could not take them since it did not have a license to operate in Palo Alto: Council, tuber Witherspoon asked if the limousine service that went to the airport would be the only public vehicle available for. Palo Alto Mr. Maynor said Palo Alto would be withott other service than that until another taxicab company came in, Mr. Noguchi said that dependent on Council action, staff would work out interim arrangements to provide emergency services for Project Mobility. Vice Mayor Henderson asked about how long it might take to certificate another taxicab company. Mr. Maynor said another company would have to apply for thf Certificate of Convenience and Necessity, and, as soon as the natter could be placed on the * 'and public notice given, sereice could be made available. Councilmember Fazzlno asked if there was a likelihood of finding another successful taxi service, if this were shut dowvi Mr. Maynor said a definite answer on that could not be given; others had indicates interest, however, He did not feel it was appropriate to discuss it now, Mayor Carey said that testimony given that eveningleft no doubt in his mind that there were grounds for revocation of permit because no bond had been posted as required, and Mr. Maggiore said he did not think he ever could post a bond, and so there was insufficient financial resp 'si- bility on the part of the licensee; experience and background indicated not enough experience in the field of being a public carrier; the service was not being operated in a manner so as to meet reasonable public demand. However, the public preferred the level of service, even if it was low, to no service at all, and so Mayor Carey was persuaded to give 14r. Maggiore more time to put additional cabs into service; if service did not improve he would move to terminate the license. 281 10/30/78 1 MOTION: Mayor Carey moved, seconded by Sher, that the matter be continued for a period of 60 days or until the next scheduled Council meeting in that approximate length of time. Mayor Carey said that at that time he would be prepared to move to terminate unless the City Attorney thought it was best to make such a motion now, have Council vote on it, then continue the hearing. Mr. Maynor said he thought it would be appropriate to continue :the matter. The bond requirement, he pointed out, was a Project Mobility requirement, and not one of the Certificate of Public Convenience and Necessity. Mayor Carey said he did understand that, and he thought it was more evidence of lack of financial ability to perform. Councilmember Sher said the motion was open ended; it might be helpful to Mr. Maggiore and to staff to give indication of what number of cabs or minutes of response time Council would consider adequate. Mayor Carey said he did not wani to do that now, though he would be prepared to move to terminate in 60 days unless some dramatic changes in the level of service were made. Councilmember Sher explained that his second to Mayor Carey°s motion did not mean that he too was on the v`''9e of terminating the contract; he wanted to give Mr. Maggiore !rare r to prove he could overate and provide the level of service needed. He ascertained fro; 4hlr Maynor that Council could continue the matter, and pick up where it had left off that evening --did it have to be readvertised? Mr. Maynor said he thought the .matter should be readvertised about ten days prior to the next. hearing. Councilmember Sher asked if another field survey would be rode by staff. Mr. Maynor said he thought that would be necessary to determine whether or not there had been improvement. Mr, Maggiore had received notice 30 days before this hearing of the proposed hearing, and his operation had shoes no improveent, though staff had expected it would. Councilmember Sher asked if it would be possible for staff to explore some of the questions about alternative service. Could the'questions be referred to a committee, or would it prejudice the hearing? Mr, Maynor said that under the present circumstances there was no exclusive certificate, and it was proper for more than one company to come in -- apparently there was reluctance for other cab companies to come in when somebody else was opera t i ng in the City. Councilmember Fazzino said he hoped staff would pursue alternatives "...actively and aggressively." In vim of the shoddy service for the past four months the sense of the Council was to shut the service provided by the present company down, unless dramatic changes occurred. Mr. Maynor said that was not his understanding --he had thought Council - member Sher was suggesting that staff take a look at the philosophy embodied in the present ordinance, as opposed to looking for alternatives. me. Maynor raid he would be opposed to staff actively finding alternatives until a final decision had been made. 262 10/30/78 i Corrected see page 338. Mayor Carey said his motion did rot intend that the City gain time while hunting an alternative. The motion stated that there were grounds for termination; he was willing to wait another 60 days in the light of Mr. Mdgg#ore's statement that he was going to add to and improve his facility. Councilmember Fazzino said he intended to emphasize that some taxi service should exist in Palo Alto. What was the legal question involved in staff pursuing alternatives from an informational sense? Councilmember Clay said he would support termination when the matter returned to Council in 60 days. het, since the certification was not exclusive, why should there not be.a search for others who wanted to provide taxi service in Palo Alto? How was it that others did not offer their services? It was illegal for companies to get together and decide not to submit an offer, Mr. Maynor agreed that the certification was non-exclusive, but he thought it would be prejudicing Mr. Maggiore's operation; Council was acting as a quasi-judicial body when it determined whether or not to take away the certificate, and so it was importantnot to have alternatives "in the back of your mind when you're dealing with the issue before you," which is whether or not Mr. Maggiore was operating in compliance with the ordinance. Vice Mayor Henderson said Mr. Maggiore had had 30 days to show signs of improvement and the service had dropped in that period of time. He said he would like to see the matter cleared up before the holiday season began -.60 days would put the issue right in the middle of the season. He would guess that there would be no taxi service or Project Mobility. service right when it was needed most. If the City ended the service now it might have some new service before then His dile rya was, he said, that if he voted against the motion it would sound as though he wanted to keep the present service, and he did not want to, but he would probably vote against it with that being in the record. MOTION PASSED: The motion that consideration of the present taxicab service be continued for a period of 60 days or until the next scheduled Council meeting in that approximate length of time, passed on the follow- ing vote: AYES: Brenner, Carey, Clay, Fazzino, Fletcher, Sher, Witherspoon NOES: Henderson ABSENT: Eyerly Mr. M4ayncr confirmed that Council intended that Mr. Maggiore continue to operate under the Project !'obi l i ty contract for the next . 60 days. The staff report had ineiicated that the City Mianager intended to terminate the Project Mobility service because of failure to provide the bond and inadequate service. Mayor Carey said he understood that the City Manager had the authority to cancel the Project Mobility contract without directive from Council. But he thought that since the matter had bean continued Project Mobility would also be available for the next 60 days. Councilor Sher said he thought it would be worthwhile to explore the present code regulation for cab service within the City. MOTION: Councilmember Sher moved, seconded by Fletcher, that Council request the staff to review the municipal code procedures for granting 283 10/30178 certificates of convenience and necessity for taxicabs, and review possible alternative procedures that might be adopted, and to review possible obstructions to the entry of more than one cab company opera;.ing in Palo Alto, and to explore these matters with the Policy and Procedu►•es Committee. The motion passed on a unanimous vote, Councilmember Eyerly absent. RECESS TO EXECUTIVE SESSION RE LITIGATION Council recessed to Executive Session from 9:55 to 10:40 p.m., to discuss litigation. MOTION: Vice Mayor Henderson moved, seconded by Fazzino, that Council bring the matter concerning regulation of hot tub/sauna establishments forward on the agenda, for continuance. The notion passed on a unanimous voice vote, Councilmember Eyerly absent. ;Ng -4)14, KAYOR HENUERSON TE MOTION: Vice Mayor Henderson moved, seconded by Witherspoon, that the matter concerning hot tub/sauna establishments be continued to November 13, The motion passed on a unanimous voice vote, Councilmember Eyerly absent. MOTION: Councilmember Witherspoon moved, seconded by Clay, that Council bring forward on the agenda the matters concerning a contract for theater repairs and recovery of precious metals from sewage sludge for considera- tion at the present time. The motion passed on a `unanimous voice vote, Councilmember Eyerly absent. CONTRACT FOR THEATER REPAIRS (CMR:430:8) Councilmember Witherspoon said she had taken the matter of theater repairs from the consent calendar because she did not like to pass matters involving large sums of money on the consent calendar. She said that the memo an the repairs said the amount had been approved in the 1978-79 capital improvement budget. She asked what the amount was. George Sipel, City Manager, said that he recalled it being about $30,000 to $35,0'00 --so hat more than the $29,000 bid. Councilmeaber Witherspoon said she assumed the repairs were emergence': that is, could not be postponed. Mr. Sipel said it had been both staff and Council's opinion that the repairs should be done now. Councilor Witherspoon said it was somewhat ironic that the amount was about the same as ' i t would cost for the roof on the Veterans Building. MOTION: Councilmember Witherspoon moved, seconded by Henderson, that Council authorize the Mayor to sign the agreement for ti ter repairs: AGREEMENT: Theater Repairs Hodgson Construction The motion passed on a unanimous voice vote, Councilmember Eyerly absent. Mayor Carey expressed uneasiness about the lateness of the hour and the per of people waiting to speak on the matter of safety improvements 2$4 10/30/78 q iCe/ 30/7 on Arastradero Road. He thought it might be best to the next scheduled meeting, and place it first MOTION: Vice Mayor Henderson moved, seconded, by F matter of safety improvements on Arastradero toad the agenda ror purposes of continuance. The lotion voice vote, Councilr ber Eyerly absent. to continue the matter on the agenda. zzino, that the brought forward on passed on a unanimous • MOTION TO CONTINUE: Vice Mayor Henderson moved, second that the matter- of safety provisions for Arastradero Ro to November 13, to a time certain of 8:00 p.m. Mayor Carey said that with the stipulation of "time certa would be considered at that time. He voiced regret for ha waiting those members of the public who wished to speak on 1 by Fazzino, be continued n" the matter ving kept the subject. Councilmenber Sher explained that he had been told by the C that because of Stanford's "...large involvement in this mat an employee of the university I shouldn't participate. . . . ty Attorney ter that, as Councilmember Brenner said a number of people present tonight November 13 inconvenient. If it were, she would be inclined to speak at the present time. might find let them A discussion ensued as to the best time to consider the matter. Carey said that those who could not come November 13 could - write views: Council read all correspondence directed to it, Mayor their MOTION PASSED: The motion to continue the matter of safety impro on portions of Arastradero Road to November 3 at B:0O p.m. passed 6-0 vote, Councilmemt:er Witherspoon abstaining, Coincilmember Eyerl absent, and Councilmember Sher not participating. RECOVERY OF PRECIOUS METALS FROM CMR:448:8) Councilmember Witherspoon said she tad rived the matter from the consent calendar beceuse she wanted to ask staff if they had asked for continuance to Nora 20 on the natter sothat they could review the two proposals before the or so that staff could solicit more proposals vents on a y a Mr. Sipel said staff would not solicit mere proposals; they would be eva l uat i ng the proposals it ` had on . hand there uere seven. Kent Mitchell, attorney for World Resources, 550 Hamilton, said that one of the seven bidders, Hydrotaxy, had armed it was dropping out of the bidding; GCS, to which Council had awarded a 100 -ton contract on August 28, had said it too was dropping out of the bidding and also withdrew its rest for the contract of August 28 as wel i ; Joe Brown, representing Spel l an Enterprises, had said they were .interested in experimenting with 200 tons of ash and the had made no proposal with respect to purchase of the ash --Mr. Mitchell said they had. in effect, dropped out. one Mr. Hal Miller, who had not previously bid on the incinerator ash, tas not being _considered by staff to be the maker of a qualified proposal because no _ $60,000 bond had been.filed with the proposal Dor would his compa make a positive stateeint amt possible tent infringements, te hold harmless. Welling, Corporation of Palo Alto bed that within - three years it might have a method for treating sly d rectiy, without the need to first incinerate. World Resources. 28 1gl* the company he represented, had made a new bid, reflecting environmental points raised by staff and Council. World Resources was committed to a $25,000 research project for recovery of metals other than gold and silver. A new bidder, Mr. Mitchell said, exiled Closed Loop, Incorporated, from New York City was viewed by staff ae a qualified response to the invitation to bid; Closed Loop, Inc., had put up a bond and indicated willingness to indemnify against the patent claim. Mr. Mitchell said his letter before Counc i l hers ra i sad . the matter of thr "b1 a; k -and - white type differences" between the contracts, such as a,ount of ash:to be rived, actual price paid for the ,ash, commitment to•recovery of other than gold and silver metals, whether or not litigation night be required by the.City to establish title to the ash, and .how mach value - per -ton -of -ash of metals would be needed •for a company to remove the ash. Nr. Mitchell said the firm he represented, World Resources, was "decidedly better" in its material bid, than was Closed Loop. He cited the letter before Councilsm bers as proof of his specific quantitative assertions. i'. Sipe1 observed that Mr. Mitchell had asked to see a copy of Closed Loop, Incorporated's bid, and staff had naively let him look at it, and Mr. Mitchell had analyzed the bid of . Closed Loop before staff had had the opportunity to analyze it. He felt highly critical of -that action on the part of fir. Mitchell, along with Mr. Mitchell's request to Council that it act even before staff had made its own report; Mr. Sipe1 cautioned Council against any such action, for he found the competitive practise highly irregulars Councilmnember Witherspoon ascertained that on November 20 staff would have its report ready for that Council meeting. MOTION; Courrcilmember Witherspoon moved, seconded by Fletcher, that Council follow the staff recommendation to continue consideration of recovery of metals from incinerator ash to November 20, 1978. ,'ice Mayor Henderson said staff had indicated more readiness at the Committee meeting than it did at present. Mayor Carey said he would oppose the motion to continue, for he had been ready to award the contract for a number of weeks. i$r. Brown had objected to awarding the contract, and now he wasn't even a bidder.-. ouncilmember Fletcher recalled that Council had asked staff to consider other ,companies; she was reluctant, too, to take action on the statements of one of the burs without staff analysis and recommendation. Councilme ber Fazxino said he was sorry the discussion had deteriorated to the political squabbl i ngg Council had Li i about six weeks ago' He d i d not like World Resources' attempt to "...make an ert! .mo around staff and try to force the issue tonight." Staff was following Council's directive, and Council should wait for staff's report. Vice Mayor Henderson asked if anything had changed since staff's original r ndatiorc. Don irynor, Assistant City Attorno, said his office had not seen the language of the contract amendments requested by the City in W rld Resources' contract offer. A Cf y ordinance required City Attorney approval of the contract. The City Attorney's office had just received a .00py of it today, Councilmember Sher said he did not think "...Mr. Mitchell should be faulted for doinga std job of advocacy. representing a client. " Obviosly, however, mil had to rely on its own staff. The City was entering into a long tern contract and it was Council's duty to take the best proposal it saw. If World Resources was offering some new things the City would be getting some things that it would not have had if the time had not been taken. MOTION PASSED: The motion, that consideration of recovery of precious metals from incinerator ash be continued to November 20, passed on the following vote: AYES: Brenner, Clay, Fazzi no, Fletcher, Henderson, Sher, Witherspoon NOES: Carey ABSENT: Eyerly MQTAKTATARLF rim RE..ADMAXSTRATI STRUCTURE FOR SOLID Mr. Sipel explained that this matter had been placed en the agenda .prematurely. He suggested that Council -table it. • MOTION: Mayor Carey moved, seconded by Fazzino, that. the matter be tabled. The motion passed on a unanimous voice vote, Council rber Eyerly absent. URBAN LANE --UNIVERSITY AVENUE Councilor Brenner said she thought the critter of circulation was a Planning Commission matter. MOTION: Councilor Brenner !loved, seconded by Fletcher, that the matter of circulation of Urban Lane in relation to circulation inthat entire area, be referred to the Planning Commission for study. Councilmemoer Witherspoon said that since same of the 1 a nd in the .area of !Urban cane had been rezoned she would like the Planning Commission to look at the area for possible further uses. MOTION PAS: The motion passed on a unanimous rote, Councilmember Eyerly absent. CouncilCounciliember Witherspoon left the Council C -r at 10:55 p.m. UNIVERSITY ASE PARKING INGS (CPR:44$:8) Councilmember Witherspoon was absent for the remainder of the meeting. Meyer Camay said he would not participate or this matter. Mice Mayor Henderson prided. Ben Pawlosti, Director of Public Worts, said the matter involved changes in an assessment district currently qty. Char applied to the Ni4tton and Kipling lets Alternative I involved acquisition of parcels or Lytton and develop tt of ,a Surfaced parking lot in accordance with the previonall approved plan. The change saes en increased cost of $17SAID and it would mire the sale of additional bonds and increased assessments. For those reasons a public hearing mes tided. Alternative 287 10/34178 /77 II involved scaling down the previously approved surfaced parking facility with no need to acquire parcels on Lytton. The size of the parking lot would be reduced. No additional funds were required. Staff requested preliminary approval of three resolutions for the purpose of setting a public hearing on January 8, 1979. One additional item, Mr. Pawloski said, was a deletion to the resolution attached to the staff report before Council, the resolution for changes and modifications, where, under the seccpd paragraph entitled Alternative I, the following figures would be retained and end with a period, "...from $791,000 to $966,000.". Heread the words following those figures which were to be deleted in that paragraph. Vice Mayor Henderson said that Council would be confirming that a public: hearing would be held; it was not making further decision. Mr. Pawloski agreed. He said everyone in the district would be notified of the changes and of the public hearing. Councilmember Sher said he had spoken with several people about the impact of the passage of Proposition 13 on assessment districts, because Proposition 13 prohibited any additional property taxes. It permitted special taxes if they were voted on favorably by two-thirds of people in the district. He thought it important to have that questioned settled before Council approved the resolutions after the public hearing. Some validating decision might be needed from the courts. Council had to decide whether or not a new tax was being imposed, also. Councilmember Fazzino said he shared Councilmember Sher's concerns. Had all the money to prepare the plans for the two alternatives been spent? Oid additional work need to be done? Mr. Pawloski said the plans were complete. Lorin Torrey, 6 Lassen Court, Menlo Park, said he owned two parcels on Lytton Avenue, at the corner of Lytton and one at 424 Lytton. H;: saw no value in considering Alternative I. He referred Councilmembers to Exhibit 8 of the staff report, showing the increases, which he thought far too high in view of the fact that only five parking spaces would be gained, at a cost, he calculated, of $36,000 each. Though ;his properties were an eyesore, it had been the City's fault, for Mr. Torrey said, he could not get a tenant because the City told prospective tenants it was going to condemn the properties. If Alternative II were to be adopted he would spend both time and money to improve the properties. He commented that, on the matter of testing the passage of direct taxes following passage of Proposition 13, that the matter was already in court. Counci 1 member Sher asked if me. Torrey was saying that if Alternative II passed, the City mould walk away from it and he would improve his properties. Mr. Tot rey said he hoped that would happen. MOTION: Council r Clay introduced the following resolutions and seconded by Faaaino, moved their adoption by Council, with Resolution 5604 as amended by the deletions suggested by Mr. Pawloski: RESOLUTION 5602 entitled "A RESOLUTION! OF PRELIMINARY LIETEIMITIN-Kko DIRECTING PREPARATION OF REPORT UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE." RESOLUTION 5603 entitled MA RESOLUTION PRELIMINARILY APARCVTJIG ER's REPORT, AND FIXING TINE AND PLACE OF SING THEREON, UNDER DIVISION! 4 OF THE STREETS AND HIGHWAYS COOS" 288 10/30/78 g RESOLUTION 5604 entitled "A R4OLJTION OF INTENTION 3b MAKE CHAN ES AND MODIFICATIONS." The motion passed unanimously, Mayor Carey not participating, Councilmembers Eyerly and Witherspoon absent. CANCELLATION OF NOVEMBER 6 COUNCIL MEETING MOTION: Councilmember Clay moved, seconded by Fletcher, that the meeting of November 6 be cancelled. The motion passed on a unanimous voice vote, Councilmenbers Witherspoon and Eyerly absent. ORAL COMMUN I CATI ONSS None ADJOURNMENT MOT1Ur . Councilmember Clay moved, seconded by Fletcher, that Council adjourn. The motion passed on a unanimous voice vote, Councilmerbers Eyerly and Witherspoon absent. Council adjourned at 11:25 p.m. AT T Cit Cjer 289 of 78