Loading...
HomeMy WebLinkAbout1988-10-24 City Council Summary MinutesCITY COUNCIL MINUTES PALOALTOCITY COUNCILMEETiNOS ARE BROADCAST LIVE VIA KZSII-FREOUENCY90.1 ON FM DIAL Regular Meeting October 24, 1988 ITEM Oral Communications Minutes of September 26, 1988 PAGE 60-360 60- 60 1,. Appointment to the Historic Resources Board 60-361 2. Presentation on the Contaminated Gro►una- ' 60-361 water Discharge at the Oregon Expressway underpass 3. Contract with Covey Trucking Company for 60.367 Fill Dirt - Phase I Byxbee Landf il,. Park 4. Consultant Agreement with EMCON Associates 60-367 for Palo klto Landfill Initial Cost Esti- mates, Financial Mechanism for Closure and Post -Closure Maintenance and Five -Year Permit Review S. Adoption of Final 1988-89 Budget Document 60-367 6. Finance and Public Works Committee Recomman- 60-367 dation that the City Counri l Authorize the Mayor to Execute the oPixed Fee* Contract with Touche Ross for Malting Assistance to Provide Prnject Management Assistance for 1) Implementation of the Revised Series 6 Version of the I FAS System and Mod i t icat' ons Required by the City of Palo Alto to the Generic Software; 2) Acceptance of Testing; and 3) Implementation of the Budget Module. 60-355 10/24/86 ITEM PAGE 7. Policy and Procedures Committee Recomme.i-- dation re Stop Signs at 1) Coleridge/ Waverley; Maddux/cul-de-sac; 3) Charming/ Webster; 4) Homer/Webster; 5) Sorer/Guinda; 6) Amaranta/Cereza 60-367 8. Report from the Volunteer Task Force on 60-370 Plastics and Chlorofluorocarbons 9. Tennis Court Lighting and Resurfacing 60-372 10. Five -Year Lea. of the Sea Scout Facilities 60-372 at the Palo Alto Harbor to the Stanford Area Council/Boy Scouts of America, Sea Scouts 11. Recommendation to Amend the Time Extension to the San Francisco Bay Conservation and Development Commission (BCDC) Permit for the Demolition of the Sea Scout Docks and Piers 12. Water Usage and Conservation Update Adjournment to a Closed Sessiion re Litigation at 10:15 p.m. Final Adjournment at 10:45 p.m. 60-372 60-377 60-377 60-377 60-x359 10/24/45 Regular Meeting October 24, 1988 The City Council of the City of Palo Alto net on this date in the Council Chambers, 250 Hamilton Avenue, at 7:37 p.m. PRESENT: ABSENT: Bechtel, Cobb, Klein, Levy, Renzel, Sutorius, Woolley Fletcher, Patitucci Mayor, Sutorius announced that the Special Meeting to inter- view an Historic Resources Board candidate was not held. Mayor Sutorius announced the need for a Closed Session to discuss potential litigation issues pursuant to Government Code Section 54956(c) and litigation in progress Ellegood- Gage v. C$ti- 2 -prole Alto, et al. pursuant to Government Code Section 54956.9(a) would be held at some point during or after the meeting. ORAL COMMUNICATIONS 1. Ben Dailey, 171 Everett, wts concerned about his in- ability to ascertain the number of complaints against the Police Department and resulting disciplinary actions. 2. Bunny Good, founder, International Group Organization for the Disabled, P. O. Box 824, Menlo Park, was con- cerned about those stores which mutilated and discarded items it could not sell rather than recycling them for poverty stricken people. Mayor Sutorius welcomed the Cub Scouts of America who were in attendance as part of their den project. APPROVAL OF MINUTES M TIOOi Council Member Woolley moved, seconded by Renzel, approval of tha Minutes of September 26, 1988, as corrected, MOTION VASS= 7-0, Fletcher, Patitucci absent. d0-360 10/24/88 SPECIAL ORDERS OF THE DAY 1. Appointment to the Historic Resources Board (702-02) Council Member Woolley advised that she would not partici- pate in the item due to a potential conflict of interest. MOTION: Vice Mayor Klein moved, seconded by Renzel, to direct the City Clerk to rmadvertise the vacancy. Council Member Cobb supported`the motion. MOTION PASSED 6-0, Woolley "not participating," Fletcher, Patitucci absent. 2. Presentation on the Contaminated Groundwater Discharge at the Oregon Expressway Underpass (112 2) ;C:=:490:8) Santa Clara County Supervisor Dianne McKenna said Oregon Expressway was maintained by the County, and to prevent flooding of the Alma Street underpass, water was collected and pumped into Matadero Creek. Testing of the water showed that contaminated groundwater from the Stanford Re- search Park migrated to the Oregon Expressway underpass area. The Santa Clara County Transportation Agency (SCCT ) was in violation of tie ne7io! l !later a al ity Control Board (RWQCB) pollutant discharge standards, and hired CH2M mill engineering consultants to investigate methods to correct the problem. The consultant identified that dis- charge of the groundwater into the sanitary sewer would be the most cost effective end efficient solution. Hazardous Materials Program Coordinator Elizabeth Stowe showed slides of the site and said the Alma Street underpass collected seepage all year long because it was below the level of the groundwater. The seepage was collected in an underdraain system underneath the underpass and drawn over the pump station located by the onramp to Alms Street going South. The contaminated groundwater was discharged into a box culvert that had water in it constantly both from the County Pump Station and from other upstream discharges. Mike Guistil Toxic* Program Coordinator, Santa Clara County, referred to the chemicals that had leaked from storage tanks and reached the groundwater and in turn mi- grated northerly through the Oregon Expressway/Alma Stott area. Laboratory analysis showed concentrations of the chemicals above RWQCB discharge limitations. Howlett - Packard discovered the groundwater pump contained various volatile organic chemicals (VCCs) with concentrations in excess of the ms's standards for discharge. Although 60-361 10/24/S4 the County was not respcnsible for the groundwater contami- nation, the County agency pumping the groundwater had the burden for proper disposal of the groundwater stream. The alternates for reaediation identified by CH2H Hill included irrigation, reinjection, a no pumping alternative akin to no project, air stripping tower, and the sanitary sewer discharge. The irrigation alternative would require about OO acres of planted area to accept the 300 gallons per minute expected to be pumped, which was not available in the Palo Alto area. The costs associated with deep well injection were also high, and it would take several years to obtain the necessary permits to construct. The no pump- ing alternative would cause the underpass to immediately flood. Most of the discussion centered around the air stripping tower and the sanitary sewer connection. The air stripping tower was a valid technical solution to the prob- lem. Normally, such a facility was located on an indus- trial site where visual and noise impacts were not an is- sue. It would require a stripping tower six feet in diame- ter and approximately 30 feet high. It appeared the sani- tary sewer connection was the superior choice. He proposed a temporary discharge permit of one year duration. They worked closely with the RWQCD staff in the development of the proposal. The RWQCB, as a matter of policy, preferred contaminated groundwater to be discharged through a waste- water treatment plant. The Palo Alto plant was viewed as an effective, well operated facility, readily capable of processing the extra volume. Last week the RWQCB passed a resolution requesting wastewater treatment plants through- out the Bay Area to accept contaminated groundwater discharges. If the City of Palo Alto granted the temporary hookup, the plant's permitted capacity could be revised to add an addi- tional one million gallons per day (NW) as compensation. Prior to and during the one-year temporary hookup period, the sanitary sewer system and the plant operation would be closely monitored. They expected to confirm that during dry weather periods, the one --half MGD discharge would have no discernible i'pects on the collection system or on the quality of effluent from the plant. There could be a ca- pacity problem during the rainy season, and the infiltra- tion flow that occurred during storm events might place the intercepter serer under a surcharge. The hydraulic capac- ity of the plant might be taxed during beav storms. A hardware system would be provided to divert tge groundwa- ter stream from the sanitary seeer system to Matadero Creek during storm events. This was ae eptable to the RWQCB staff because the dilution would keep the concentration of VOCs below the regulatory limits. 60-362 .0/24/110 In terms of the actual VOC increases in the sanitary sewer atmosphere and plant affluent and influent, it was pro- jected that the trichioroethylane (TCE) concentration would increase from two parts per million (ppm) to nine ppm. The increase in perchloroethylene (PCS) would be from 10 to 18 ppm. The OSHA eight hour exposure standard was 100 ppm--- well below the regulatory standard for someone working in the sever system. For the plant, the influent PCE concen- tration would increase from 8 to 11 parts per billion (ppb) and PCE from 20 to 21 ppb. The quality of the effluent would change slightly. Within the first three months following the issuance of a temporary permit, the County would obtain predischarge monitoring data. Within the first five months, the tempo- rary discharge connection facility would be designed and constructed. Once the sewer was installed, the County would start to obtain on --line monitoring data. All of the information would be summarized in a report that would re- turn to the Council after the first 12 months of operation with a new proposal in the hopes of obtaining a permit for another year's time period. Assuming City of Palo Alto conceptual approval of the County of Santa Clara Transit Agency Discharge Proposal in November, 1988, and a finalized temporary permit swmetime in December, 1988, the design phase would begin once con- ceptual approval was granted with completion anticipated in January. It would then go through the bid and award proc- ess with construction scheduled to begin sometime in February, 1989, with a sever discharge initiation sometime in May, 1989. Concurrently, a monitoring program would be mobilized. Before the dischurge started, there would Di! hydraulic analysis once the wet weather season started and there would be some predischarge analysis at the punt and in the *ewer system. All of the data would be put into a monitoring program report with the finalized design and permit extension proposal submitted to Counc -i l sometime in late, 1989 or early 1990, Vico Mayor Klein asked about the heavy metals issue. 14. Stowe said Hewlett-Packard ran a screen about two years ago and no heavy metals were found although it would be prudent to run a screen as part of the testing procedure. Vito Mayor Klein asked'din was bearing all the costs. Mr. Guisti said the County would pay whatever fair charges were assessed against it. 60- 363 10/34/88 Council Member Renzel queried the air quality problems as- sociated with the VOCs. Me. Stowe said the VOCs evaporated into the air along the open channel. Although the levels of contamination were approximately 300 ppb, the total pounds per day into the air were something less than two, which was well below any maximums established by the Bay Area Quality Management District (BAQMD) . Council Member Renzel asked whether the calculations of effluent from the plant assumed everything that went in as influent went into the plant for processing and went out as effluent or whether it assumed a certain amount of evapora- tion in the sewer pipe system since soma toxicity questions were measured. Ms. Stowe said staff had not had an opportunity to review the submittal from the County; however, there were existing Levels of volatile organic solvent in the current influent to the plant. Even assuming no evaporation along the sewer line, it would be a very small percentage of what went into the treateent plant itself. Randy Peterson, CH2M Hill, said in CH2M Hill's analysis, the worst case scenario was that no VOCs were lost along the SWWW line which would give the maximum impact at the treatment plant. Likewise, in the hi..zard analysis, it was assumed that all the VOCs were contained within the sever which would cruse the highest increase. There would be a small amount of VOCs lost in the sewer but there was not that much air exchange since it was all enclosed and there were manholes over the top. Council Member Bechtel clarified the County was applying for a 12 -month temporary permit but it appeared the long- range plan would be to keep the system going. Rz°. Guisti said the County would propose to return to the City with a series of requests for one-year permits. The City would then be apprised of what happened over the pre - ding year. Director of Utilities Rich Young said staff remained con- cerned about the extent of use of facilities originally designed for other purposes. The City was looking at s new class of ratepayer, a new entity participating in a system designed to handle the sanitary sewer needs of the City and the region since the City operated a Regional Water Quality Control Plant (MM. Ltaaff was concerns) about the precedent the proposal represented. While staff realised the clams of customer would be new, there were others. 60-364 10/24/88 There were already something like 12 or 14 customers of a much smaller magnitude discharging under temporary one-year permits. The City was now faced with a large amount of water to be handled. It represented an impact on capacity which the County has attempted to deal with, but he ex- pressed concern about the next applicant. The City needed to consider such possibilities. Staff was concerned about the effect on City policy with regard to the costs and rates used to collect the costs, and whether it should de- sign an up -front charge for such large applicants or whether to try and develop a special rate that would re- cover the costs which applied to taking on such a large customer. They were Council policy issues to consider. Responsibility issues remained open. Once the City ac- cepted such an influent into the sewer system, it became the holder of the materials and was responsible to see they were handled within whatever rules and regulations might presently exist or exist in the future. Liability issues remained open. In terms of regulatory issues, what would happen if the rules changes or if other agencies intervened such as Air Quality Control and the new regulations on the horizon for non -point sources. Presently regulations were not in place to deal with such issues The request for a million gpd increased capacity was placed with the RWQCR as a result of tests following the City's expansion. There would still be a capital cost to be con- sidered in taking up wose portion of the capacity at the plant. The controls,limits, aaounts,, timing, and things of that nature needed to be considered as did issues aris- ing from the partnership where there were adjacent juris- dictions also included. Staff believed it could support the program but did not feel it should be at the expense of the ratepayers. Mayor Sutorius asked about the timeline. Mr. Zaner said there were analyses required and Council would need to return with necessary policy considerations. The City sight be able to work with the County and indicate to the liNgCli that progress was being made toward f inding a solution and regmest the MKS to relax the timeline some- what so there was not the pressure on the City Council to sake some decisions. The proposal was a departure from previous Council policies with regard to the RWQCP to date. About 12 such permits were issued. The proposed permit was a auch larger operation which would require some policy considerations on the part of the Council. 60-3U 10/244/1011 Mayor Sutorius asked about the City's responsibility to its partners. Mr. Young► said the entire plant was contracted in terms of capacity and distributed among the partners. The addi- tional capacity could move the time frame up in terms of when additional capacity would be required. The partners were also looking at the proposal from a policy standpoint and asking to what extent they would be moving into the area and how the operation and maintenance costs would be shared. Each partner had the opportunity to bring in new sources but it would have a net impact on what was going on at the plant. Mayor Sutorius said the proposal disvissed that in the evaluation of sewer line capacity and impacts volume would not be measurably affected by infiltration into the sewer system. Me asked about the effects of exfiltration and whether the City would find itself in a situation similar to that of the County. Mr. Guisti believed what ways already coursing through the sewers were full of VOCs, heavy metals, etc. What the dis- charge from the Oregon Expressway Pump Station added was k.ot measurable. The concentration of VOCs added a slight increase in concentration. Palo Alto should direct its concerns to the volume itself --not the quality bu c the quantity. Mayor Sutorius was concerned that any exfiltration or any problem between the Oregon Expressway Pump Station and the plant could be identified as coming from the input source since the City was residential between the County's input point and the plant itself. The Council did not anticipate putting the City in a liability posture. Council Member Cobb queried whether Mr. Young's analysis would be accompanied by a specific recommendation. Mr. Young said yes. Council Member Cobb referred to the report which said . it was not known how long it would take to discover the source of the contaminants, and he queried how much Mr. Young's recommendation would be influenced by that knowledge and to what extent it might be a factor in how staff might chart the near -tern coursi. .. Young said by the time all the'sources of all the prob- lems that fed into the area were founde the problem could be ongoing and indefinite. 60 -ado 10/24/88 Mr. Guisti said if the City of Palo Alto agreed with the proposal, the County would guarantee through whatever agreement was required that if some difficulty did arise, the County would withdraw from the sanitary sewer system. Mayor Sutorius thanked Supervisor McKenna. CONSENT CALENDAR MOTION: Council Member Woolley moved, seconded by Levy, to approve Consent Calendar Items 3.6. 3. Contract with Covey Trucking Company for Fill Dirt -- Phase I Byxbee Landfill Park (1072-01) (CMR:492:8) 4. Consultant Agreement with EMCON Associates for Palo Alto Landfill Initial Cost Estimates, Financial Mecha- nism for Closure and Post -Closure Maintenance and Five Year Permit Review (1072-01) (CMR:491:8) 5. Adoption of Final 1988-89 Budget Document (280-04) (CMR:502:8) 6. Finance and Public Works Committee recommendation that the City Council authorize the Mayor to execute the 'fixed fee* contract with Touche Ross for consulting assistance to provide project management assistance for 1) Implementation of the revised Series 6 version of the IFAS system and modifications required by the City of Palo Alto to the generic software; 2) Acceptance testing; and 3) Implementation of the budget module (270-01) (CMR:479:8) MOTION PZIIED 7--0, Fletcher, Patitucci absent. REPORTS.. OF COMMITTEES AND COMMISSIONS 7. Policy and Procedures Committee Recommendation re step signs at the following locations: 1) Colerid9a/ Walnorley; 2) Maddux/cul-de-sac; 3) Channing/1 st.r; 4) Komer/Weebaster: 5) homer/Guinda; 6) A aaranta, cereza (1064) (0:434:8) Council Member Bechtel maid the Policy awl Ps utres (PW) Committee agreed with the staff and did not recommend in- stallation of any additional stop signs. 60-367 10/24/88 MOTION: Council Member Bechtel for the Policy and Proce- dures Committee moved to approve the staff recommendations that atop signs not be installed at the following loca- tions: 1) +Coleridge/Waverlsy; 2) Maddux/cul-de-sac 3) Channing/Webster; 4) Homer/Webster; 5) Hoser/+Guinda; 6) A aranta/CereLa. UIWDMSBts Council Member Bechtel coved, seconded by Renzel, to add #7, that crosswalks not be painted on Channing/Webster, and Homer/Webster. Rick Enberg, 120 Byron Street, represented the Addison School Parent -Teachers Association (PTA) regarding the rec- ommendation to not install stop signs at Waverley/Homer and Waverley/Channing. Since the recommendation was to not install a stop sign on Home) and Channing going East and West, he recommended the stop signs on Webster be reversed. Installing a crouswalk would create a false sense of secu- rity since cars would be traveling at the posted speed lim- its when they approached the crosswalk. Lora R. Smith, 162 Bryant, had two children attending Addison School, which was one block from the Homer/Webster intersection. She urged the installation of a stop sign at Webster/Channing and Webster/Homer. Susan Chamberlain, 121 Byron Street, had two children attending Addison School. She was concerned that children aged 6, 7 and 8 years old were being expected to judge gaps in traffic beyond their capabilities. The decision to not do anything reflected a priority on the automobile rather than children. When the Palo Alto Unified School District (PAUSD) decided to build neighborhood schools, there was a responsibility on the part of the City and the PAUSD to ensure a safe route to tr ave l . Council Member Cobb asked for comment regarding the sugges- tion to move stop signs. Mr. Aggarwal referred to the suggestions to remove the stop signs on Homer and install them on Webster and to move the stop signs on Charming and install them on 'Webster, and said Homer and Channing were both collector streets as op- posed to Webster which was a local street, and Homer and Channing Streets carried hisses. If the stop signs were removed from the side streets and put on the collector streets, it would result in stop uigns on local streets at each intersection all the way along Homer, Channing, Addison, etc. Council Member Cobb queried the comment that the data was incorrect. 60-368 10/24/88 Mr. Aggarwal said the data c3lleection also included automo- biles carrying children presumably to school. Council umber Cobb asked whether consideration was given to installing one at'gip sign. Mr. Aggarwal said no. Council Member Levy said previously Council worked with the Police Department and the PAUSD to have crossing guards at certain key intersections. Be asked whether the program was still in effect and whether the intersections in ques- tion would be appropriate for the program. Mr. Aggarwal believed the program was still in effect. Both intersections could be studied for purposes of a crossing guar :d. Council Member Levy asked whether school traffic patrol was discussed with Addison School. Mr. Aggarwal said it was not discussed other than for the intersection of Middlefield and Addison. Council Member Bechtel sympathized with the concerns of the members of the public but staff did not believe stop signs would help with the safety of the children because people would end up speeding to make up for lost time at the stop sign or would not stop at all if they did not believe the stop sign vas warranted. Vice Mayor- Klein referred to the City/School Traffic Safety Committees comprised of representatives of the City, PANS© and members of the district PTA. The backup material which went to the P&P Committee, contained information that the request was discussed at a City/School Traffic Safety Com- mittee meeting and the committee concurred with the staff recommendations not to place stop signs at Channing/Webster and Waverley/Webster. Council Member Wenzel said some residents on Homer Avenue were concerned about traf f I c slaking left -turns _ from Guinda on to Homer and cutting the corner. While she did not be- lieve a stop sign was the solution, it appeared there sight be some abi i ity to install some rumble -bump stripes on Guinda up to the edge of the intersection. Council li .r CObb would support they motion but said he did not support the recommendations No. 3 and 4 because he was not convinced there was a problem. ANNWOROWT MUD 7.0, Fletcher, Patitucci absent. 60-369 10/24/84 MOTION AS AMID= PAIS=D 7-0, Fletcher, Patitucci absent. NOTION' Council Keaber Levy moved, seconded by Cobb, that staff determine whether a school traffic monitor is needed at either Homer/Webster or Charming/Webster. Council Member Levy said Homer/Webster was a particularly tough intersection in the morning, and children got out of school before the heavy traffic started to accumulate on Charming leaving the downtown area. Traffic monitors were used at other intersections during the first couple of months of the school year both for safety and to teach the children and'theh traffic monitors were rJt used later. Mayor Sutorius was concerned the City/School Committee evaluated and reported the amount of traffic did not war- rant school guards. Vice Mayor Klein understood the parents' concern for the safety of their children, and it was for that reason the City/School Traffic Safety Committee report was valid. He believed the motion was inappropriate. Council Member Woolley agreed. The number of children did not warrant the action. Younger students who were unable to competently cross certain corners needed to take longer routes. A reasonable alternative was provided with the lights at Middlefield and the light at Waverley. MOTION FAILED 3-4, Renzel, Levy, Cobb voting "aye," Fletcher, Patitucci absent. 8. Report from the Volunteer Task force on Plastics and Chlorofluorocarbons (1440) (C :497:8) Debbie Mytels, 2824 Louis Road, Executive Director of Pen- insula Conservation Center (PCC), said the PCC Board sup- ported the City's efforts to protect the environment by restricting the use of styrofoam containing Chlorofluoro- carbons (CFCs) and the use of other plastics that were not biodegradable. The PCC supported the recommendation of the volunteer task force. Separating the issues of plastic waste reduction and ozone depletion by CFCs was a logical step. The City's current War on Waste Committee was ready to undertake further waste reduction efforts and a second group was to consider the issues of cm use and its genera- tion, recycling and disposal. It was important to include industry representatives. About 12 percent of CFC users had to do with solvents of electronic components. 60--270 10/24/88 Terry Trumbull, 1011 Lincoln, chaired the Volunteer Task Force on CFCs. The fast food chains in Palo Alto showed a lot of leadership and were moving away from the use of sty- rofoaa packaging. It was the little restaurants who were not aware of the alternatives available. The Task Force wanted to expand its focus to include areas like the elec- tronic degreasers, etc. and to work with industry. In terns of plastic packaging, the War on Waste Committee would be very effective in dealing with the issues. MOTION: Council Member Woolley moved, seconded by Menzel, to approve the staff recommendations regarding the recom- mendations from the Volunteer Task Force on Plastics and Chlorofluorocarbons (CFCs) be isplesented as follows: 1. The Task Force is encouraged to report back to Council with additional information on the uses of CFCs in Palo Alto, the potential for recycling CFCs, and what appropriate substitutes exist; 2. The information assembled by the Task Force will be used by the Council, staff, Task Force, and community to lobby state and federal legislators. The issue must be addressed at these levels to effectively alleviate the CFC problem; 3. The War on Waste Committee shall assume responsibility for reporting back to Council on the feasibility of banr ng the use of non -biodegradable plastic packaging originating in Palo Alto retail business establish- ments and 4. That both groups report back to the City Council within six months. Council Member Woolley believed there was a sense of ur- gency. The CFC resolution was one which the City Council sought to have amended at the League of Calfornia Cities Conference. The resolution was not amended, but Vicci Rudin eanaged to have the definition of CFC expanded for the work program of the l«nvironmental Committee which was only considering the CFCs in the styrof oam products. When the City did the inventory of its waste stream in 19►84, 6 percent was accounted for by plastics; 8 percent by glass; and 4 percent metal. It was important to put some ef- fort into cutting back on the amount of plastics being consumed. MOTION MISSMD 7-0, , Fletcher, Patitucci absent, WD CVO S S IOM RS L/TIGATIOR 60-371 10/24/$$ REPORTS OF OFFICIALS 9. Tennis Court Lighting and Rssurfac ng (810-06) (CMk:485:8) Ken Crook, 2383 South Court, President of the Palo Alto Tennis Club, urged Council to support the staff recommenda- tion. The Tennis Club offered $10,000 towards the timely completion of the Rinconada Lighting and the Resurfacing Projects. NOTION: Council Member Cobb moved, seconded by Klein, to approve the staff recommendations to: 1. Authorize staff to use CIP 18804 funds to design the Rinconada and Mitchell Park tennis court lighting sys- tems; and 2. Authorize staff to advertise for bids when design for the lighting and resurfacing projects is complete, and return to Council with a Budget Amendment Ordinance to fund the construction at the mime of contract award. Council Member Cobb said it was the second time the Tennis Club contributed a significant amount toward ths improve- ment of tennis facilities. Council would like to see other groups make the same types of contributions in order for the City to maintain facilities during the difficult budgets. The Rinconada courts were dangerous and the lighting in the courts was generally not good. MOTION PASSED 6-0, Fletcher, Patitucci, Renzel absent. MAYOR SUTORIUS RE CONSOLIDATING ITEMS 10 AND 11 NOTION: Mayor Sutorius moved, seconded Klein, to consoli- date items 10 and 11. MOTION MAID 6-0, Fletcher, Patitucci, Renzel absent. 10. Five -Year Lanes of the Sea Scout Facilities at the Palo Alto Harbor to the Stanford Area Council/Boy Scouts of America, Sea Scouts (1440-03) (CMR:495:8) 11. Recommendation to Amend the Time Extension to the San Francisco Bay Conservation and Development Commission (BCDC) Permit for the Demolition of the Sea Scout Docks and Piers (1440-02) (CMR:501:8) Merger, Real Property, Bill Fellm►an, said the five condi- tions Council directed be included in the lease were in- cluded. In staff's discussions with the BCDC and the Sea 60-373 10/24/88 Scouts, it became obvious that in order for the Sea Scouts to have a viable operation, certain concessions were neces- sary. The BCDC was concerned with objects resting in the mud, and the Sea Scouts needed a place to launch hand - carried boats. A five-year extension of the dock demoli- tion permit would require a new application process. The concession was a three-year extension of the demolition of the docks, a new hand -launching dock to be constructed by the Sea Scouts in such a way as to not be in the mud, and the surface of the dock be constructed in such a way as to allow light to filter through. The Sea Scouts would remove the vessels, the Sea Eagle and Intrepid, by January 1, 1989, and the removal of the Yacht Club building and the old storage made it necessary for the Sea Scouts to request an outside fenced in storage area. Provisions for the dock, storage area and fence were included in the lease. The lease 4ncluded a clause which required the tenant to obtain the necessary permitsforthe dock, storage area and fence through the City Planning process which would include Site and Design approval and a conditional use permit. The Scouts might request the continued use of the existing storage trailer and that the lease continue beyond the ten- year period until the Harbor was no longer usable. Both items were in conflict with Council's direction and would require Council approval to be implemented. He referred to page 4 of the lease, and hated a correction on line I. The wording in the first sentence "as provided in paragraph I(B)" should be removed. The last line on page 4, the words "and reasonable" should be inserted after the word "complete." Council Member Renzel asked how reasonable public access would be determined. Mr. Fellman said if a facility was available, the public could schedule an event. Access was not anticipated to be a apeci f is date. Council Member Menzel said there used to be a boat storage facility out where the Yacht Club had its "rigging" area. She was concerned about whether the design of the facility would receive a full Site and Design review before the Planning Comrission and Council. Senior Engineer Jim Harringtoh said the Director of Plan- ning and Community Environment indicated should the Council feel the area was so sensitive that it resraired such a de- tailed review, he wo�.ld automatically schedule it as a ma- jor project, which meant full review processes. If Council 60-373 1O/34/8$ chose to consider the project as minor, it could be dealt with administratively. Council Member Renzel queried whether Council specification was required in terms of the design. Mr. Harrington said the Director of Planning indicated that some input from Counci:k would help him determine how to deal with the matter. Douglas McConnell, 4174 Oak Hill Avenue, Commodore of Local Sea Scouts, thanked staff for their cooperation. The Ex- ecutive Board of the Stanford Area Council Boy Scouts of America recently approved in principle the deeding of the Sea Scout base to the City simultaneously with the execu- tion of the lease subject to the satisfactory resolution of the differences relating to the removal of the trailers. The trailer was an essential part of the Sea Scout program. With the removal of the lockers which abutted the Yacht Club and the three yacht buildings which comprised the old Santa Clara County Sea Scout base, about seven -eighths of the Sea Scout's storage area was lost. The dry storage area contained such things as bunks, mattresses, life vests, radar equipment, etc. necessary to maintain boats of 20 feet and to provide a program for varying numbers of youths going on cruises. With a contraction to just the base building and nowhere else to put the supplies, the trailer had become the Sea Scout's weatherproof outdoor storage. With regard to the fence and the small dock, in order for the Sea Scouts to move as quickly as possible, he urged Council regard the project for the dock and for the fence as minor. The Scouts would work closely with staff to en- sure an attractive project. He urged approval of the staff recommendation. With regard to the berthing area, the Scouts believed they r sza d meet the deadlines for removal of the docks and boats without any difficulty. Negotiations with the BCDC were underway wi'`_h regard to deep water berthing in an area con- sistently dredged. He did not see a difficulty with ob- taining approval. For hand -launched boats, the Scouts pro- posed leaving en area about the same size and roughly the eeme pc,e i tion as where the existing ramp ran from the Scouts' base down to the present berthing docks. It might extend .mother eight or ten feet. In terns of square foot- age, they were talking about 400 feet instead of 1,400 feet of surface area end it would be constructed over open mesh so l i ht would filter through .rather than the heavy wooden planking currently there. 60.374 10/24/B8 Council Member Renzel asked how the big beats would be stocked with the bunks and mattresses. Mr. McConnell said the bunks and mattresses would be put in the back of a truck and taken to the new berthing area. The berthing area had no facilities for storage. The Sea Scouts had a letter from Leslie Salt indicating they were prepared to lease the Scouts property on Guadalupe slough near the Navy fuel dock. Council Member Renzel asked why the Sea Scouts could not use some of the commercial storage areas available. Mr. McConnell said tie reasons were financial. Council Member Renzel referred to the fenced in boat stor- age and said she understood it was for donated boats as opposed to the small, hand -carried boats. Mr. McConnell said it would be a mixture. The Scouts ender: up with small boats ism the prograr and they would not all fit in the Sea Scout base. Periodically, the Sea Scouts received gifts of boats and trailers and the need arose to store them until they were either accepted into the program or sold. Council Member Re zel queried whether boats that were not hand carried would be accepted into the program. Mr. McConnell said yes. The Sea Scouts had ` aiwaes main- tained a program with small, hand -carried boats all the way through to the Intrepid and Sea Eagle in terms of size. Council Member Renzel said it previously appeared there were two or three trailered boats at one time, :end she que- ried whether that was anticipated. Mr. McConnell said it depended on tax laws and what people in the local community were doing in the way of tax shelters. John Mock, 736 Barron Avenue, said while it was sad to see the closure of the Yacht Harbor, the curtailment for human activity appeared to be 'laving positive effects on the bird life. He saw no problem with continued limited and disci- plined human use by the Sea Scouts during high tide. He urged the Harbor basin be cleaned ups He supported the temporary use of the current Sea Scout facilities and par- ticularly the orderly phase out proposal. He wished the Sea Scouts the best of luck in finding new quarters. bd-375 10/24/88 MOTION: Council Member Woolley moved, seconded by Levy, to approve the staff recommendations as follows: 1. Authorize the Mayor to execute the lease with the Stanford Area Council/Boy Scouts of America, Sea Scouts, for their continued use of the Sea Scout facilities; 2. That Section 7 of the Lease be interpreted to include the truck trailer within the fenced storage area, and approval of tin dock and fence as a minor project, be included; 3. The minor revisions to page 4 of wended by staff be as follows: first line, under IV. OPTIONS "provided in Paragraph I(0)"; and third line under VII. MAINTTANtE, after "complete." the Lease as recoa- a) first paragraph, TO EXTEND, delete b) second paragraph, add "and reasonable" Council Member Renzel was concerned that the area contained an important view of the Bay that was obscured for a long time. If Council approved storage in the area, it needed to be properly designed. Overall, the lease was very good, but in a sensitive area such as the Baylands, it was not proper to have the design of the storage area be considered as a minor project. It was inportant for the area to be treated sensitively. The program would not be totally con- verted to the small boat program for quite a while and there was a time requirement for BCDC to cake the approv- als. She did not think there was a need to bypame the nor- mal Site and Design procedures. MOTION DIVIDED POE PURPOSES OP VOTING FIRST PART 0P MOTION INCLUDING ITEMS 1 a 3 PASSED 7-0, Fletcher, Patitucci absent. SECOND PART OP MOTIOb+ REGARDING ITEM 2 PASSED 6-1, Renzel voting "no," Pletcher, Patitucci abs14t. Council Member Renzel thanked staff and the Sea Scouts for their work on the complex issue. She was disappointed the Scouts were insisting on keeping some of the acre derelict aspects of their program in the sensitive area but in the long run if they were successful with their small boat pro- gram it would: be working in an appropriate direction for the area. The compromises were beneficial, and s *e hoped staff in working on the Site and Design approval would not simply go for a straight solid fence again walling off the bay from public view. 60-376 10/24/86 MOTION: Council Member Woolley movad, seconded by Levy, to approve staff recommendation to direct staff to: 1. Amend the application to BCDC permit 11-81 to reflect a three-year phase -out plan referred to in CM1t:501:8; and 2. Make minor changes to the plan if so directed by the BCDC. MOTION Ph88ID 7-0, Fletcher, Patitucci absent. 12. Water Usage and Conservation € pdate (1410-02) Mr. Zaner said Peers Well, which the City continued to use, went out of service due to a sal funct ion . As a result, the City needed to use more Retch Hetchy water than was anticipated. The City's conservation efforts were still at about 14.5 percent of the consumption. The wells only de- livered about 7 percent of the water the past week. Be- cause of the malfunctioning of the Piers Well, San Fran- cisco Water was relied upon for almost 24 percent. The City was over its anticipated savings for the short-term. The Hatch Hetchy water consumption would drop with the well being back online and staff believed the difference could be made up over the next few weeks. Conservation efforts would continue despite the fact the weather turned cool. The, Citywas still under requirements from Retch Hetchy to conserve substantial amounts of water well into the winter. o action taken. ADJOURNMENT Council adjourned to a Closed Session re Litigation at 10:15 p. a. Final Adjournment at 10:45 p.m. ATTEST: APPROVED: 60-377 10/24/88 NOME : Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Section 2.04.200(b). The City Council meeting tapes are retained in the City Clerk's Office for two years from the date of the meeting, and the Finance and Public Works Committee and Policy and Proce- dures Committee meetings tapes are retained for six months. Members of the public may listen to the tapes during regu- lar office hours. 60-378 10/24/88