HomeMy WebLinkAboutRESO 9195Resolution No. 9195
Resolution of the Council of the City of Palo Alto Calling a
Special Election for November 8, 2011 for Submittal to the
Qualified Electors of the City an Initiative to Undedicate
Ten Acres of Existing Parkland in Byxbee Park for Use as a
Compost Facility
WHEREAS, an initiative petition to amend the Palo Alto Comprehensive Plan,
Municipal Code and Baylands Master Plan to undedicate approximately 10-acres of existing
parkland in the Palo Alto Baylands has been submitted to the City in accordance with the
requirements of Article VIII ofthe Charter ofthe City of Palo Alto; and
WHEREAS, elections will be held on November 8, 2011, in certain school districts
and certain special districts in Santa Clara County; and
WHEREAS, pursuant to Education Code section 5342 and Part 3 of Division 10 of
the Elections Code commencing at section 10400, such elections may be partially or completely
consolidated.
NOW, THEREFORE, the City Council of the City of Palo Alto does hereby
RESOLVES as follows:
SECTION 1. Special Election. Pursuant to Elections Code sections 1405 and 9255
there is called and ordered to be held in the City of Palo Alto, California, on Tuesday, November
8, 2011 a special municipal election. Pursuant to Article IX of the Charter of the City of Palo
Alto, this Council orders the following question to be submitted to the voters at the Election:
CITY OF PALO ALTO INITIATIVE MEASURE __ _
Shall ten acres of existing parkland in Byxbee Park YES be undedicated for the exclusive purpose of building
a processing facility for yard trimmings, food waste
and other organic materials?
NO
SECTION 2. Adoption of Measure. The measure to be submitted to the voters is
attached to this Resolution as Exhibit "A" and incorporated herein by this reference. If a
majority of qualified electors voting on such measure shall vote in favor of City of Palo Alto
Initiative Measure "_", it shall be deemed ratified and shall read as provided in Exhibit "A"
attached hereto.
1l0802jb 0130794 1
SECTION 3. Notice of Election. Notice of the time and place of holding the
election is hereby given, and the City Clerk is authorized, instructed and directed to give further
or additional notice of the election in time, form, and manner as required by law.
SECTION 4. Impartial Analysis. Pursuant to California Elections Code section
9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City
Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed
500 words in length, showing the effect of the measure on the existing law and the operation of
the measure, and transmit such impartial analysis to the City Clerk on or before August 23, 2011.
SECTION 5. Ballot Arguments. Pursuant to Elections Code section 9286 et seq.,
August 16,2011 at 5:30 p.m. shall be the deadline for submission of arguments in favor of, and
arguments against, any local measures on the ballot. If more than one argument for and/or
against is received, the priorities established by Elections Code section 9287 shall control.
SECTION 6. Rebuttal Arguments. The provisions of Elections Code section 9285
shall control the submission of any rebuttal arguments. The deadline for filing rebuttal
arguments shall be August 23,2011, at 5:30 p.m.
SECTION 7. Consolidation Request. The Council of the City of Palo Alto requests
the Governing Body of any such other political subdivision, or any officers otherwise authorized
by law, to partially or completely consolidate such elections and to further provide that the
canvass be made by any body or official authorized by law to canvass the returns of the election,
except that in accordance with Article III, section 4, of the Palo Alto Charter, the. City Council
-inustmeet and declare the results of said elections; and that this City Council consents to such
consolidation.
SECTION 8. Request for County Services. Pursuant to section 10002 of the
California Elections Code, the Council of the City of Palo Alto hereby requests the Board of
Supervisors of Santa Clara County to permit the Registrar of Voters to render services to the City
of Palo Alto relating to the conduct of Palo Alto's General Municipal and Special Elections
which are called to be held on Tuesday, November 8, 2011.
The services shall be of the type normally performed by the Registrar of Voters in
assisting the clerks of municipalities in the conduct of elections including, but not limited to,
checking registrations, mailing ballots, hiring election officers and arranging for polling places,
receiving absent voter ballot applications, mailing and receiving absent voter ballots and opening
and counting same, providing and distributing election supplies, and furnishing voting machines.
Subject to approval of the Board of Supervisors of Santa Clara County of the
foregoing request, the City Clerk is hereby authorized to engage the services of the Registrar of
Voters of the County of Santa Clara to aid in the conduct of said elections including canvassing
the returns of said election. Further, the Director of Administrative Services is authorized and
directed to pay the cost of said services provided that no payment shall be made for services
which the Registrar of Voters is otherwise required by law to perform.
SECTION 9. Transmittal of Resolution. The City Clerk is directed to submit a
certified copy of this resolution to the Board of Supervisors of the County of Santa Clara and to
the Registrar of Voters.
110628 jb 0130794 2
. Petition for SUJ--;mOD to Voten of the City of Palo AltA
The proposed ordiDance RIds as follows:
PALO ALTO GREEN ENERGY AND COMPOST INITIATIVE
The people of the City of Palo Abo do'ORi>AlN as follows:
. . . ·S3~_ECalIl""'n"D~~itIi.'IH-l--'1. PrfiJp4"'inIKA--T!Thekii~ people find and ~ __ --. h ___ ••• _ •••••••
(a)'The 12HCJ:e Palo ~ L8ndfi1l is scheduled to close in 2012, and is currently dedicated as Byxbee Park. ':
(b) The closiog wiJHermiDate the cmreitt compostiDg operation at the Jandfill. CeasiDg local composting will cause signifi~t en-
. . viIOomental impacts, as Palo Alto ("the City" herein) will have ~ haul yard trinurrin8s and food ~ to locations outside the
. City for dispbS!ll or ~g, thereby &enerating' greenhouse ~ and.depriWJg PaloAI1aDS ofbo1h yard trimming ~ff anti local . . '. . ~. .
(c) ~ iDciJieration of sewage sludge residues at Palo Alto's regional wastewater 1reatment pJani also ~ Sigrri~ Peen-
house gases and CJeates a hazardous ash R:sidue 1lOW disposed of in the Ceotta1 Valley.
(d). These adverse enviro$nenta1 impacts can be substantially reduced by a &cility converting olJ8Dic wastes by biological. or other
~eD.viromnemallypro~means.
(e) Such technologies would also generate ienewable energy ad higb~ compost, as ~n as achieve substantial savings by
avoicting ~ cost-of.natural gas to operate the inCinerator.' .... .
(t) Revenue. for.the CitY could be generated through the ,sale of renewable energy and compost, fees fOr receipt of organic ~,
and saviqs in fuel purohases: . Funding for construction could come from fIOUl'CeS other~ the General Fund.. . .
(g) LocatiDg ~ facility next to the wastewater treatment plant, as niCommended by PalO Alto's Compost Blue Ribbmi Task Force,
. would avOid transport of sewage sludge and allow other savings. There is no other suitable location.~ the City ..
(h) The facility would require that a small portion of the fonner landfill not yet developed as'Usable parldand, approximately ten
acres, bemnovecl ftom parle dedication.
(i) Othet: ~ of ~ or greater acreage are available to be converted to parldind at theCouD.cil's disCretion.
G> Nofunding-currentlyexists for development ofByxbee Parle. The Councilcxmld use the revenue genemted as described in
Finding (t) for that purpose.' .
SECTION 2. Amendment Off.nngehmsive Plan. . . _. . .
The land-use designation of the property desCribed below (the "Property" herein) in the Comprehe.osivti P1m shall be changed from
.. ~lic parkS to Major JnstitutionslPub~c faciliti~: .
~ An that certain real property situated in the City of Palo Alto, Omnty of Santa Clara, Sta1e ofCa1if9mia and
more particu1arly ~'bed as f01lows; c:ommenciDg I¢ a four by four fence post as shown on 1bat RecOrd of .
. S1ltvey filed with the SaiJ.ta Clara County'Recorder in boOk 258 page 4 and S on"August ISlla 1969; tb.enCe from.
said four by four fence post, South S8° 58' SO .. East 415.54 feet; to a point on the sootb.erly line of the Sewage
Trea1mentPJant Paddand exclusion as said exclusion is shown on Exhibit A-2 of Section 22.08.020 oftb.e Palo
Alto Mmrlcipa1 Code, said point also being the True Point ofBegimJing for this description; ihencefrom said
True Point of Beginning the fo~owing four (4) cOmBeS and distances; south 3&' 42' 20" East 209.06 feet; south
410 3r 45" East 276.48 feet; south 53° 12' 33" East 180.61 feet;n~500 22' IS" East 652.20 feet; thence
PALO ALTO GREEN ENERGY AND COMPOST INITIATIVE Page 1 of 4
EXHIBIT "A"
IN1TlATWE TO BE'\ JMITTED TO THE VOTERS OF PAl. ALto
-North 41° 35' 41" West 633.72 feet to a~ on said southedy1ine of the Sewage TreatmeDtPlan(Parkland
_ exclusion; thence along said Sewage Treatment Plmt Parkland exclUsion; South 52° 42' 10" West 671.94 feet..'
to'tlte True Point of Beginning."
.....• --. --.. -.
SECTION 3. Ameqdment of Bay lands Master Plan. _
",~t lmguag~1ion cmpage 78 9fthe-Baylaruls-Master-P_entitled-~on~-is-amended-as-,
follOW!: , ,',,' "
(a~ second and third paragt:aphs under"Backgrolmd and Function" are deleted.
(b) 'The sectiOn eDtit1.ed "Future of the Composting~" is amCoded to read as follows:,
.. Like the Recycling Center, the original composting opaa1ion was located in the bndfiU Area and must va-
cate its current site to accommodate the landfill'$ fiDaI grading and conversion to (1) a 1O-acre site for conver-
sion of organic ,Wastes by biological and/or other equally environmentally ~ve technoIogy; and (2) pas-
,toral park in the remaining area." ,
, .
, (c) Page 71 of the Plan is ~ to, add the following immediately above 'Mayfield Slough Remnant Marsh': '\tevision of the
final grading'plan may be required to accommodate the newtacility referenced on page 78.'<
(d) Any language. elsewhere in die P~ Diconsistent with &is ordinance shall be inoperative.
SECTION 4. Amendment oflnninr Ormrumr& ..
The 1astJinc-ofthefitstboxmidC:rPUBUClQUASI-PUBUCFACILlTYUSES in Table 1 of SectiOn 18.28.040 of the Zoning Ordi-
nance is ameoded to readas.follows:
..... other go~t agency, or leased by any such agency to another party."
SECTION 5. Removal from p&1cland
The Property shall be removed from dedication as parkland, for the exclusive pmpose ofbUUding a facility ("F~ herein) for
converting yard trimmings, fOod waste, other municipal organics and/or sewage sludge from the regional waStewater treatment plant
by biological and/or other environmentally equally protective technology. An illustration of the Property in relation to Byxbee Parle
is attached ~ Exbibit "A."
SECTION 6. Mitiption.
(a) The Eaci1itysbaU include all feasible methods for mitiga1ing any significant environmental impacts identified during enViron-
mental review, including visual, sound aud odor. - - - -
(b) To avoid impacts on ByxbeePark, access to tbe Facility sball be by Embarcadero Way. ~
SECUON 7. Reversion., ' 1;-
Ten years from the passage of this Initiative, the City CoUncil may rededicate any portion of the Property not utilized for the pur_ S
poses of this Initiative to parkland. ' '
SECTION 8. Conditional Request for Special Election.
If the required Signanll'CS are obtained, petitioners request that this Initiative be submitted to the voters in 2011.
SECTION 9. Severability.
If any section of &is initiative ordinance or part hereof is held by a court of competent jurisdiction in a final judicial action to be
void, voidable, or unenforceable, such section or part hereof sball'be deemed severable from the remaining sections and sball in no ,
, way affect tbevalidity oftbe remaining sections. ' '
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