HomeMy WebLinkAbout1984-02-27 City Council Summary Minutes1
1
ITEM
CITY
COUNCIL
M1NUTEs
CITY
ALTO
Regular Meeting
Monday, February 27, 1984
PAGE
Oral Communications 4 2 5 2
Minutes of December 19, 1983 4 2 5 3
Minutes of January 9, 1984 4 2 5 3
Consent Wender 4 2 5 3
Referral 4 °' 5 3
Action 4 2 5 3
Item #1, City Attorney's Report: Senior Assistant 4 2 5 3
City Attorney Appointment
Item #2, Resolution Recognizing Achievements of 4 2. 5 3
Uavid R. Stiebel
Item #3, Medical Screening Program 4 2 5 3
Item #4, Final Subdivision Map - 1400 Dana 4 2 5 3
Item #5, Final Subdivision Map - 725-735 Loma 4 2 5 3
Verde
Item #5, Adoption of State Guidelines for
Administration of California Environmental Quality
Act (CEQA)
Item #7, Ordinance re Neighborhood Transition
Combining District (2nd Reading)
Item #8, Ordinance re Zone Changes 741-905
Middlefield, 715 Romer, 722-728 Channing Avenue
(2nd Reading)
item #9, Ordinance re Creation
Finance (2nd Reading)
Agenda Changes, Additions and Deletions
Item #17, Request of Mayor, Klein and Vice Mayor
Levy re a Resolution in Supp6rt of Foothill/De Artie
Community College Revenue Measure
Item #180 Request of Mayor Klein re Council.
Endorsement of the Palo Alto Chamber Orchestra
(PACO) as. Offlclal Representatives of the . City
During. its Travels in Europe
4 2 5 3
4 2 5 4
4 46. 5 4
DepaetMent of 4 2 5 4
4 2 5 4
4 2 5.5
4 2.5 5
ITEM
Mayor Klein returned to Item #2, Resolution
PTcognizing Achievements of David R. Stiebel
Item #10, PUBLIC HEARING: Planning Commission
recommendation to deny the application _ of Timothy
Trailer for approval of a Preliminary Parcel Map
for property located at 570 Matadeco Road
Item #11, PUBLIC HEARING: Planning Commission to
approve, with conditions, the application of the
South. Peninsula Emergency Veterinary Clinic for
Comprehensive Plan Land Use Map Redesignation and a
Change in Zone for property located. at 3045
Middlefield Road
PAGE
4 2 5 b
4 2 5 7
4 2 5 7
Recess: 9:22 p.m. to 9:37 p.m. 4 2 5 7
Item #12, PUBLIC HEARING. Planning Commission
rec,pioendation re application of PAUSD for a Use
Permit to allow operation of a, day care center and
church for property located at 3120 Stockton Place
(former De Anza School Site)
Item #13, Planning Commission recommendation re
application of Santa Clara Valley Water District
for Site and Design Review of proposed Flood Basin
Project in Palo Alto Baylands
Adjournment; 12:20 a.m.
4 2 5 7
4 2 5 9
4 2 B 7
1
1
4 2 5 1
2/27/84
flooular Meetin
rebruarsy 27, 1984
1
The City Council of the City of Palo Alto met on this day in the
Council Chambers at City Hall, 250 Hamilton Avenue, Palo Alto, at
7:30 p.m.
PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel,
Sutorius, Witherspoon
ABSENT: Woolley
COUNCIL MET AT 6:301.m. IN SPECIAL CLOSED SESSION RE LITIGATION
URAL COMMUNICATIONS
1. Nancy A. Holmes, a 23 year resident of 843 Moana Court, mort-
gaged her house to buy Peninsula Scientific in July, 1981
after being employed there for three years. Recently the
Council approved a plan to decrease access to through traffic
in the Evergreen Park neighborhood, and she supported the plan
because speeding was a problem on Park Boulevard. The bar-
riers and one-way barricade between College Avenue and
Cambridge on Park Boulevard were completed on Friday, February
3, 1984. She had asked the person in charge of the project
about evaluations of the plan if businesses in the area were
financially hurt, and he had responded he was not sure he
would receive objective information. The one-way barricade
was dangerous to bicyclists, and for three weeks she listened
to irate people in her store complain about the City of Palo
Alto. The irate customers who made it to her store were not
buying. Trucks, cars, City garbage trecks, and City tree
trimmers dodged the barriers and drove up the bike lane to
avoid going back to El Camino. The elderly made right turns
at Palk, hit every bump, thrashed reflectors, and drove in the
bike lane. The speed on Park Boulevard was not any less --now
people sped toward California Avenue the right way, and
Stanford Avenue the wrong way. • If one tried to get to
Peninsula Scientific from California, one would experience the
frustration of the public. No ma e' er• how customers went to
her store, she told them to be careful. Her accounts were
open to anyone who wanted to look, and she was depressed when
she compared the same period in February, 1983 and February,
1984. Gross sales were dotin 17 percent, which was a lot,
since the economy was up in 1984.
Mayor Klein said he was ° reminded by staff the Evergreen Park
report on the traffic situation was scheduled to be heard by the
Council in July, 1984.
2. Jeff Hook, 302 College Avenue, lived in Evergreen Park, and
responded to the previous speaker. Those who wanted through
traffic eliminated were successful to some extent. A plan to
eliminate all through traffic was first submitted in 1977 and
each succeeding year until 1984. It was approved by the
ma jorl ter of people in the neighborhood a couple of years ear-
lier, and would provide a quiet, peaceful, and stable neigh-
borhood. He sympathized with the current situation on Park
Boulevard, and bel iev.d it could be better. He had written a
letter to the. Council on the need for biological , per spec ti ve
in _government, which was on file in the ,.City Clerk's office.
In order to make responsible decisions and govern well, good
information was needed.
MINUTES OF DECEMBER 19 1963
Councilmember Renzel had the following correction:
Page 4U62, paragraph 4, line 8, the word "unusual" should read
"unusable."
MOTION: Councilmember Renzel moved, seconded by Levy, approval
of the minutes of December 19, 1983.
MOTION PASSED by a vote of 7-0, Sutorius abstaining, Woolley
absent.
MINUTES OF JANUARY 9, 1984
MOTION: Vice Mayor Levy moved, seconded by Bechtel, approval of
the minutes of December 19, 1983, as submitted.
MOTION PASSED by a vote of 8-0, Woolley a' -sent.
CONSENT CALENDAR
MOTION: Vice Mayor Levy moved, seconded by Fletcher, approval
of the Consent Calendar.
Referral
None
Action
ITEM #1, CITY ATTORNEY'S REPORT: SENIOR ASSISTANT CITY ATTORNEY
City Attorney Diane Lee recommends approval of the appointment of
C1 ari: E. Guinan nan as Senior Assistant City Attorney.
ITEM #2, RESOLUTION RECOGNIZING ACHIEVEMENTS OF. DAVID R. STIEBEL
RESOLUTION 6231 entitled "RESOLUTION OF THE COUNCIL OF
THE ` I;I T OF PALO ALTO RECOGNIZING THE OUTSTANDING
ACHIEVEMENTS OF DAVID R. STIEBFL"
ITEM #:I, MEDICAL SCREENING PROGRAM (CMR:116:4)
Staff recommends the Council authorize the Mayor to execute the
contract with Redwood Medical Clinic for the Medical Screening
Program..
AGREEMENT
Redwood Medical Clinic
ITEM d4, FINAL SUBDIVISION MAP a 1400 DANA (CMR:172:4)
Staff recommends that Council approve the final map and the street
name of ASHBY DRIVE.
ITEM #5r`FINAL SUBDIVISION MAP 725-735 LOMA'VERDE (CMR:171.4)
1.�Al4!`IR.�IM�I/M.lrllrr![.ri�ll.lcr! �� ! Irr.l .rF+. .e er�lllp I IYWIr•rlrllyl.rfa'6 - Staff recommends that the City Council approve the final map.
ITEM #6, ADOPTION OF STATE GUIDELINES FOR ADMINISTRATION OF
T� uwwr A 1.1ti V ...�.
9:4)
Staff recommends- that the Council approve the resolution, ,adopting
the revised CEI)A Guidelines,
RESOLUTION 6232 entitled 'RESOLUTION OF THE COUNCIL .OF
imt ti)f ui MALO AI.TO ADOPTING GUIDELINES FOR THE
EVALUATION OF PROJECTS MW THE PREPARATION OF ,ENVIRON-
MENTAL IMPACT REPORTS AND NEGATIVE DECLARATIONS'PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
ITEM 47, ORDINANCE RE NEIGHBORHOOD TRANSITION COMBINING DISTRICT
tzno
ORDINANCE 3512 entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO ADDING CHAPTER 18.31 (NEIGHBORHOOD
TRANSITION COMBINING DISTRICT) TO THE PALO ALTO
MUNICIPAL CODE TO MODIFY CERTAIN SITE DEVELOPMENT
REGULATIONS IN THE MULTIPLE FAMILY ZONES' (1st Reading
2/6/84, PASSED 9-0)
a _
ITEM #8, ORDINANCE RE ZONE CHANGES 74.1-905 MIDDLEFIELi, 715 bUMER,
n reaf-nq
ORDINANCE 3513 entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF—FILO ALTO AMENDING SECTION 18.08.040 OF THE
PALO ALTO MUNICIPAL CODE (THE LOWING MAP) TO CHANGE THE
CLASSIFICATION OF THE PROPERTY KNOWN AS 741-905
MIDDLEFIELD ROAD; 715 HOMER AVENUE; AND 722-728 CHANNING
AVENUE FROM RM-4 TO RM--2(T)" (1st Reading 2/6/84, PASSED
6-3, Woolley, Witherspoon, Sutorius "no")
ITEM #9, ORDINANCE RE CREATION OF DEPARTMENT OF FINANCE (2nd
MB -MI -
ORDINANCE 3514 entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING VARIOUS SECTIONS OF THE
PALO ALTO MUNICIPAL CODE REFLECTING ADMINISTRATIVE
CHANGES REGARDING THE ABOLITION OF THE OFFICE OF CITY
CONTROLLER AND CREATION OF THE DEPARTMENT OF FINANCE"
(1st Reading 2/6/84, PASSED 8-1, Levy *no*)
Counci lmeober Renzel asked to be recorded as voting "no" on Item
4, Final Subdivision Map, 725-73., Lorna Verde, because she objected
to the narrow streets that requi iced posted "no parking" signs in a
new subdivision.
Vice Mayor Levy recorded a "no" vote on Item 9, Or4i nance re Crea-
tion of Department of Finance.
Councilmember Sutorius anu Councilmember Witherspoon both asked to
be recorded as voting "no" on Item 8, Ordinance re Zone Changes
741-905 Middlefield, 715 Honer, and 722-728 Channing.
.ouncilmember Sutorius said the agenda was incorrect in its report
of the vote on the first reading of Item 8. The vote was 6-3,
with Witherspoon, Woolley and Sutorius voting "no." The City
Clerk provided a corrected agenda at the Councilmembers` places
that evening, and he verbalized the correction for the benefit of
the public.
Mayor Klein said he would not participate on Item #3, Medical
Screening Program.
MOTION PASSED unanimously, with Klein not participating, on Item
3, iiedit.al Screening Program; Renzel voting *no*, on Item 4, Final
Sabdivi sia* Maps. 1400 Dana; Sutorius and Witherspoon voting 'no,*
On Item 8, Ordinance re Zone Changes 741-905 Middlefield, 715
Honer, 722-728 Chauming; and Levy voting .no* on Item 9, Ordinance
re Creation of Department of Finance, Woolley absent.
AGENDA CHANGES, ADDITIONS AND DELETIONS
- ���.r+i.r w.aw - i� �.rrw■rarrrnr..�.ra.rryrw.rrs .` - - - MOTION: Mayor Klein moved, seconded by Levy, to bring forward
Item 17, Real uti to of SNppert for Footh i i l /®.Alga Comaoai ty
Collage Revenue. Measure; aad Item 18, Request to endorse the Palo
Alto Chamber Orchestra (PACO) as official representatives of the
City during its travels In Europe.
MOTION PASSED umanIao sly, - Woolley absent.
4 2 5 4
2/27/4
Mayor Klein said the presentation to David Stiebel recognizing his
outstanding achievements would be made following Items 17 and 18.
ITEM #17, REQUEST OF MAYOR KLEIN AND VIDE MAYOR LEVY RE A RESOLU-
kLASURE
Foothill College Chancellor Tom Fryer favored Council adoption of
a resolution concerning Measure A on the April 10, 1984 ballot for
preservation and maintenance of De Anza and Foothill Colleges.
Years of deteriorating financial resources to the College District
prompted the Board of Trustees to call a special election on April
10, 1984 to seek special funding to preserve the standards of ex-
cellence of Foothill and De Anza. Colleges. The Measure proposed a
special tax for the residents in the Foothill/De Anza Community
College District at an average cost to the residential property
owner of $25 per year. The proceeds would be used exclusively for
buying necessary laboratory, technical, scientific, and other
equipment; better transfer and job training programs; library
books, repair, maintenance and improvements to the college build-
ings. The measure provided that the Board of Trustees could re-
duce or repeal the tax, but could not increase it. The tax would
be returned to the voters at least every four years and might be
repealed by a simple majority vote. State funding proposals for
community colleges and the imposition of State tuition were not
sufficient to meet the accumulated maintenance, repair, library
acquisition and equipment needs of the two colleges. He asked the
Council to support the measure.
Vice Mayor Levy urged his colleagues to support the resolution in
support of Measure A on the April ballot. Those who reviewed the
Foothill/De Anza Community College operations were impressed by
the efficiency with which it was run and the economies effected
over the past five years. All operation costs, except teaching,
were substantially reduced and money was put in the most important
places. Palo Alto substantially benefited aver the years from the
availability of Foothill and De Anza Colleges, and he urged every-
one to vote in favor of a resolution in support of Measure A on
the April ballot.
Mayor Mein joined in Vice Mayor Levy's remarks. He considered it
an important vote for everyone. Foothill and De Anza were marvel-
lous assets to the community, and it would .re detrimental if those
assets were allowed to di -.si pate, The Council -should support the
resolution and the College District on April 10, 1984.
MOTIOM: Vice Mayor Levy moved, seconded by Menzel, that, staff
be directed to prepare a resolution in support for the Foothill/
UeAnza Community College Revenue Measure on the April 10, .1384
ballot.
MOTION PASSED unanimously, Woolley absent.
ITLM #18, REQUEST OF MAYOR KLEIN RE COUNCIL ENDORSEMENT OF THE
_ - E CIAL RIPRESYNTATIVII OF
Mayor Klein welcomed PACO, and thanked them for the fine perform-
ance preceding the meeting. He placed the item on the agenda to
support PACO in its trip to Aberdeen, Scotland, the coming sum-
mer.
Kay Williams, 1087 College, Menlo Park, was the mother of the eld-
est .member of the orchestra and Chairman of the Trip Committee
that organized the expedition forthe summer. On behalf of PACO,
she appreciated the endorsement of .their musical efforts as offi-
cial representatives of the City of Palo Alto during its travels
in Europe the coming summer. , She asked the Council to designate
March 25, 1984 as PACODay, when a benefit concert would be held
in Spannenberg Auditorium at Gunn High School at 8eOO p.m. In
August, they would spend three weeks in London, Paris, and
Aberdeen, perform at St. John's ; Hall in Smith - Square and St.
i
1
4 2 5 5
2/27/84
Martin's -in -the -Fields, London; the Festival Estival in Paris, and
participate in the International Youth Festival in Aberdeen,
Scotland. PACO existed for more than 20 years, and had an inter-
national reputation as the finest youth orchestra in America. The
Council's endor.=.ement would help raise funds for the trip, and
would be gratefully received. They looked forward to the fund-
raising effort because it would make the Palo Alto community more
aware of the excellent music by the young musicians.
Bill Whitson, Director acrd Founder of PACO, said the orchestra
performed that evening as a point of awareness. The issue .of the
trip was awareness, and not only had they developed into one of
the strongest youth orchestras in the world, but one of the
strongest string programs 'le the world, made up of five orche-
stras. The Council had brochures of PACO recordings, which were
regularly broadcast on KKHI radio in San Francisco, and they gave
25-30 concerts a year ell over the West Coast, representing Palo
Alto. More importantly, as the young people graduated, they would
fill the professional orchestras and faculties all over the coun-
try. PACO was highly successful. That weekend their first cell-
ist won the National Cello Competitions l Chicago. Before he
left that evening, Itzhak Perlman called; his daughter played with
PACO. and they were negotiating another performance. The standard
and quality were high, and it was a tribute to the community that
allowed it to happen, its metabolism, personality, and fine teach-
ing. They wanted more awareness of what was taking place, and
believed the tour was a wonderful way to start. He thanked the
Council for listening to them.
Mayor Klein thanked ter t Whitson for his marvelous work with PACO.
Everyone was proud to be a part of a community that sponsored such
an excellent organization.
MOTION: Mayor Klein moved, seconded by Cobb, to proclaim March
26, 1984 as Palo Alto Chamber Orchestra Day in recognition of a
special benefit concert to be p1 ayeti that evening with Paul Hersh
as the special invited guest performer.
Mayor Klein urged the Council to endorse the Palo Al to Chamber
Orchestra as its official representative during its travels in
Europe the coming summer, commend the Orchestra and its conductor,
Bill Whitson, and wish them every success in the Music Festival in
Aberdeen.
Vice Mayor Levy agreed with a comment by a member of the audience
who said PACO`s playing was a civilized way to begin a Council
meeting.
Mayor Klein was impressed with PACO, and was glad the City had
`them. -
Counci l aaenber Fletcher testified, as a mother of a graduate of the
orchestra, to the excellence of the orchestra and the fantastic
learning experience it afforded. It was professional level train-
ing in Palo Alto. It w6s a unique type of orchestra, and Mr.
Whi tson' s dedication was outstanding. He received offers from top
universities for his skills, but his love for what he did in Palo
Alto kept him here. What was achieved was a credit to Palo Alto,
the orchestra, and Mr. Whitson„ . and she could not speak highly
enough.
MOTION PASSED unanimously, Woolley absents
MAYOR KLE.IW RENRMED ITEM ,f.2, RESOLUTION RECOGNIZING ACHIEVE -
EBB C 44, RESOLUTION .e...'"._..".,
Mayor Klein said a resolution was passed on the Consent Calendar
recognitiny the achievements of David R. Stiebel. Mrs. Stiebel,
David's mother, was in the audience, and he presented the resolu-
tion to her. David, 0 student at San Jose State University, was
4 2 5 6
2/27/84
employed by KZSU, the Stanford University radio station, since
July, 1981 as anchorperson for the broadcast of Palo Alto Council
meetings and covered Palo Alto events for National Public Radio,
AP and UPI Radio networks during that period, and performed his
duties enthusiastically and well. He contributed greatly to the
successful broadcasting of Palo Alto events. David was graduating
from San Jose State Univer ;ity and was leaving to take a position
with eVON Radio station in Napa. He was a great assistance to the
Council and staff in broadcasting Council meetings, interviews
with Councilmembers, election night results and other special
events, and the Council desired to recognize his outstanding
achievements and wish him continued success in his broadcasting
career. He presented the resolution to Mrs. Stiebel and said he
enjoyed working with her sonover the years.
Mrs. Stiebel said that David enjoyed working with the Council.
On his behalf, she thanked everyone for the help given him over
the years he worked with the Council. As a faithful listener to.
the Monday night broadcasts, she attested to the professional,
conscientious ,lob done by the City Council.
ITEM #1U, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION TO
fly. N Y TAT"' A
on r i ded- from 1/16/847 -
Mayor Klein said the item was continued from January 16, 1984, and
the Council received a request that the item be continued further
to March 26.
Councilmember Cobb said he would not participate in the item due
to a conflict of interest.
MOTION: ' Councilmember Sutori vs moved, seconded by Witherspoon,
to continue the item to March 26, 1984.
Mayor Klein declared the public hearing open, and receiving no
requests from the public to speak, he declared the public hearing
closed.
Councilmember Menzel said she would reluctantly support the con-
tinuance, because she considered it unfair that the public . was
continually required to attend the loee4 ins with the pussibi 9 ity
that something might be heard. The item appeared on the agenda
three or four times.
Mayor Klein said that apropos Councilmember Renzel°s remarks, the
staff report noted the request for continuance, but recommended
that no further continuances be granted. The applicant should, be
forewarned of that approach.
MOTION PASSED by as vote of 7-0, Cobb 'not participating,'
Woolley absent
ITEM #11, PUBLIC .HEARING: PLANNING COMMISSION RECOMMENDATION TO
L
nurrnwrtvriermyrovuLTI l t %A1ItT R MIT 1 A F-1 .R
cunit mi. AL Kitti C iA OGE IZ IONE' FRO -
:
Planning Commissioner Jean McCown said the r,-3 vote by the Plan-
ning Commission in favor of the application was based on the pub-
lic benefit perceived by the Commission through its public hear-
ings in permitting the emergency veterinary services to continue
operations On the site. As the Council was aware, there were on-
going hearings related to the emergency clinic and a great expres-
sion of support for the need of its services from the community.
Those Commissioners who supported the motion also be reved ' the
continued _ use in that location would not be incompatible with the
1
1
incompatible with the long-term development of the surrounding
properties for housing. Those Commissioners who voted in opposi-
tion to the application concluded it would not be appropriate to
grant an exception for the use because it was inconsistent with the long-term goals for the surrounding area, which was a multiple
family designation. Commissioner Wheeler summed up the matter by
saying it was improper to make long-term planning decisions for
the area based on the support for a particular use.
1
1
Mayor Klein declared the public hearing open.
Robert Lawrence, 2724 Wasatch Drive, Mountain View, represented
the applicant, the South Peninsula Emergency Veterinary Clinic
(SPLVC). He believed that implicit in the Comprehensive Plan was
City space for community services required by the community, which
did not appear to be the case for the SPEVC. They spent over two
unsuccessful years looking for an available site with the right
zoning within their cost parameters. When they acquired the land
on which they operated for eight years, they elected to do so.
The Clinic drew 40 percent of its clientele from Palo Alto, with
the remainder from half a dozen other cities in the surrounding
area. It served the City in its animal control services program,
and there was justification to keep the service in the community.
It would be a shame to force it to another community because there
was no land available in Palo Alto which was affordable or the
right size parcel was not available. The Comprehensive Plan
should provide for such needed services in the community, and he
requested it be changed to do so. The Plan did not just separate
the different kinds of uses slavishly held to; its purpose was to
make a 11 a 1 a community and provide the services people wanted,
such as the animal clinic. With regard to zoning, the clinic was
fully compatible with the area and bent over backwards to do
everything the Architectural Review Board (ARB) asked. The
manager had experience in making animal clinics compatible with
residential areas, and promised to do so. They applied for the
zoning at the Council's suggestion, were prepared to limit the use
of the Veterinary Clinic, and modified the plans. He read a let-
ter from Ur. Col l i nson of the Alpine Animal Hospital, 2460 E1
Camino Real West, Mountain View, which said he believed the Coun-
cil meeting would be pivotal for hundreds of Palo Alto pet owners
and would affect 50 percent of the constituents, whose pets were
potential emergency patients of the SPVEC. The SPVEC was formed
ten years ago to provide emergency rare outside regular office
hours- for all
t.. ' the eo t ri facility i ty that wad in
hours qi ! pets 4!e the 9e}Cec• A veterinary C 6R\. . v .a.a -.
operation at 3045 Middlefield Road for 14 years was rented and
initiated. Each evening emergency veterinary care was provided,
including weekends and holidays. Thousands of pets in dire need
were treated, as shown by the petition recently presented to the
Council. When it was realized in 1981 that the location would be
decl aced improperly zoned, they sought suitable land to construct
a modern facility, and over 100 properties were studied. Many
were improperly zoned or too costly, and a zone change on Page
Mill Road near El Camino was denied. Both the Planning Commission
and Council urged the SPVEC to request PC zoning at the present
location, but the owner agreed .to sell the property. They labored
through two Planning Commission and three ARB meetings, and now
requested council approval of those bodies' recommendations. All
dividends from the SPVEC were plowed back in; the future of the
SPVECe was In the Council's hands, and he asked them to follow
through with its declared interest in a PC zoning permit for the
present location of the SPVEC.
Andrew Michael, 954 Van Auken Circle, was, up to the previous
week, a pet owner. He commended the SPVEC for the professional
and compassionate care he found there as a pet owner who needed
emergency care late -at ni qht and nearby. He advised the Council
to consider the possibility that pets would die if they had to
travel far. The map showed the present location of the clinic was
centered in a l arie residential area, where that type of service
was, needed. It was not a question of a regular vet where pets
4 2 5 8
2/27/84
were taken tor regular shots or treatment, but any emergency situa-
tion. The Council, should consider the need for time in such sit-
uations and allow the SPVEC to remain in that location. He com-
mended the SPVEC for the service he found there on two occasions.
He hoped they would be there if he ever needed them.
Kate E. Cole, 3064 Middlefield Road, lived directly across the
street from the SPVEC, and had occasion Ao use its services many
times. She believed it was an underestimate that 50 percent of
Palo Alto people had animals, and that the location of the clinic
was proper. She wanted to think Palo Alto evolved enough to care
about other life forms and not just those with the money that made
the rules, and hoped the Council would seriously consider people's
concerns. The emergency care was needed for the animals. She
found the clinic to be t good neighbor, and saw many cars using a
sorely needed facility.
Aldo Casc i nai , 711 El Camino Real, owned the Palo Alto Pet Hospi-
tal by choice. In 1962, he started the Midtown Pet Hospital at
the present location of the SPYEC. After establishing a busy
practice, he decided to move because he was afraid of being phased
out by the Comprehensive Plan. When he first moved to the loca-
tion it was in a light manufacturing zone and was changed to the
multiple family designation by the Comprehensive Plan. He pur-
chased a parcel of land in the City of Campbell contingent upon
its being zoned for a veterinary hospital, and was instrumental on
the upgrading of the vet hopsi tal and their zoning laws, and got
the property zoned for a vet hospital. When the Palo Alto Pet
Hospital became available, he purchased it. Not too long ago, he
again became concerned about zoning and it was recommended that
the present location become a multiple dwelling zone, but the
Planning Commission denied the idea. He was not aware of any com-
plaints from the neighborhood while he operated the Midtown Pet
Hospital, and 'ors. LaBianca had over 2,800 signatures in support
of keeping the emergency clinic at its present location, and many
of the immediate neighbors were on the list of signatures Last
Saturday, he went to `he apartment complex on Towle Way and Mid-
dlefield Road, and ascertained that the complex was completely
full, there were no complaints, and there was a waiting list for
possible tenants. He was a booster for the City of Palo Alto for
the past 25 years, and believed the clinic fit well into the
neighborhood. It was an ideal location for citywide and regional
service to the pet owners in case of an emergency, especially when
their own veterinarians were unavailable. He did not believe it
increased the traffic volume to any great extent or took away
housing because the parcel was so small, and it did not detract
from the character of the City, but rather added to the uniqueness
and diversity of its neighborhoods.
Robert Johnson, OYM, 440 first Street, Vice President of SPVEC,
pointed out the facilyty was individualistic, and not duplicated
in the easily accessible area to Palo Alto. The closest other
emergency clinics were in San Mateo and San Jose. He believed i f
Council gave a favorable consideration, the clinic could construct
a facility everyone in the community could be proud of, and it
would provide a valuable service.
Ken Krecho,er, 923 Boyce, supported the SPVEC, and personally
recommended the quality of care provided by the SPVEC. Palo Alto
was a family oriented community with a significant animal popula-
tion, and more than its fair share of animal. lovers. The ultimate
long-term goals of the zoning ordinance were to serve the commu-
nity, and he and other members of the establishment were inter-
ested in seeing the community of. animal lovers served and hoped
the Council would provide support
Donald R. Dooley, 205 Lester Lane, Los Gatos, managed the clinic,
and supported retention at its present location.
1
1
4 2 5 9
2/27/84
John Kot, 932 Colonial Lane, said four nights ago, his dog was
shot with a high powered pellet in the abdomen. The SPVEC was the
only place open to bring the dog. They took care of him and he
was doing well. He could not imagine driving to San Mateo on the
freeway with the panic he felt, and imagined how it might be for
people in the future.
Marilyn Taketa, 2471 E. Bayshore, represented Mrs. LaBi anca, the
current owner of the property, who early last year presented the
Council with a petition signed by 1,500 people who supported the
clinic. Since then, she collected another 1,500 signatures, and
an application for a special amortization district for the clinic
property was submitted to the Council. At the hearing in June,
1983, testimony in support of the clinic was taken including that
of Mr. Oebs who consistently opposed the clinic's zone change, who
noted that his own dog would not be here today if it were not for
the clinic. Although the Planning Commission recommended against
the special amortization application, it sent a message to the
clinic that a rezoning to PC was encouraged. When the matter was
returned to the Council in July, 1983, additional supporting tes-
timony was given, including that of Barbara DeCaro speaking on be-
half of the Palo Alto Humane Society who testified that the clinic
was "unique and very important to many." She was very impressed
by the neighborhood support. Councilmember Fletcher was first to
raise the possibility of a PC as an alternative for the clinic,
and, encouraged the clinic to make application for a PC because
there was tremendous support for it and its retention would bene-
fit the community. Vice Mayor Witherspoon supported the idea
stating that Councilmember Fletcher`s suggestion was probably the
most practical solution for everyone concerned. Councilmember
Klein agreed explaining to the audience that the alternative PC
zone was a special zone for a particular piece of property. It
became a contract between the City and the landowner wherein the
City specified a land use more closely than it could under any-
thing else. He too strongly urged Mrs. LaBianca and the Vet
Clinic to make a PC application to carve out the site for the par-
ticular use and for the City to have the necessary controls to en-
sure its use as a veterinary clinic only. Councilmember Levy was
more forceful stating that he concurred with Councilmember
Fletcher that the emergency veterinary clinic was proper as a
special use and would welcome the opportunity to safeguard the use
as the subject of a special PC zone. He believed the answer was
to encourage a special zone for the veterinary emergency hospital
while continuing the current amortization with the other
ties involved in the amortization application. The clinic took
the Council's suggestion and applied for the PC zone change before
them that evening. Staff's environmental review and planning
recommendations were uniformly favorable, The project would have
no significant environmental impact including considerations of
noise, light, and glare fay. toes, population and housing issues.
Staff apparently was not concerned with effects on adjoining prop-
erties noting that the properties were large and development could
be arranged so as to locate parking, access, or recreation facili-
ties adjacent to the veterinary clinic site. With respect to the
Comprehensive Plan compliance requirement, staff stated that prop-
er noise and lighting controls should mitigate any concern for
protecting future residential developments around the site. She
spoke with Hr. Paul Fong, whose, parents were developing the
Chinese Community Center site next door, and asked whether he
thought there would be any particular concerns from their devel-
opment viewpoint and the projected con'iomi ni tams by having the vet
Clinic next door, and he said no. Their properties operated next
door to each other for. a long time. The staff report concluded
that the low intensity nature of the existing clinic, its location
on a major arterial road, and the expressed public interest for
retention of the service provided seemed to justify the mixing of
land uses 'and the foregoing of additional residential .units on the
subject property. When the PC zone issue was heard by the Plan-
ning Commission last November, Commissioner Cullen summed up the
matter by stating it was the fourth time the matter was before the
4 2 fe0
2/27/$4
Commission,`and it was difficult to find a solution. She was not
sure whether the PC was the perfect solution, but others were re-
viewed, and none seemed to be as good for the needed facility and
fitting in with the particular location. The use had considerable
support from the neighborhood and community. Commissioner McCown
thouyht about the application in terms of an analysis when looking
at the compatibility of a potential nonconforming use with other
surrounding uses. A couple of years ago on El Camino, a veter-
inary hospital adjacent to a residential area was permitted to
continue. She believed a use of the proposed character with the
controls evident in the application would not impede the elentual
multiple family development that could occur on the surrounding
properties. The public support and need for the service was so
strong that in the subject instance, she believed it was the right
application for that site at the present time. She pointed out
that when it came to residential zoning, residential did not mean
just houses, there were other thin s allowed in the residential
zones, including ice skating rinks, tennis courts, and things such
as professional :,d medical offices were grandfathered in as con-
forming uses. Sne suggested that the veterinary clinic was the
"doggy" equivalent of a medical office --it provided for the pet of
the family rather than the people. She believed there was ample
precedence to allow that kind of use, especially given and the
kind of public support that was needed and appropriate.
Michael LaBianca, 1721 Banff Drive, was the son of the current
owner of the property at 3045 Middlefield Road. The property was
corr-ently under contract of sale to the SPVEC, and he saw con-
tinued support that evening on the part of the community for the
clinic. Some might believe that a decision was based on what
transpired that evening, but most knew the decision would encom-
pass more than that. The effort to allow the clinic to remain
went on for over two years, starting withletters to the Palo Alto
Building Inspection Division, continuing with numerous City Coun-
cil meetings, Planning Commission meetings, and ARB meetings, and
culminating that night at the City Council meeting. Throughout
the process hundreds of letters and articles were written in sup-
port of the clinic, and thousands of signatures were eagerly put
to paper requesting that anything possible be done to allow the
clinic to remain. Tonight was the result of much hard work and
communication between the City of Palo Alto, its citizens, the
veterinarians of the clinic and his family. Their plan was devel-
oped by focusing on and adhering to the advice; concerns and
recommendations of the City's governing bodies. At the last City
Council meeting in July, 1983, they requested that the emergency
clinic be allowed to continue operating at its current location.
Almost unanimously, the members of the Council stated it would
like to see the clinic stay, but asked his family and the members
of the emergency clinic to demonstrate its commitment to the com-
munity by applying for a PC zone --a long, tedious and expensive
process, but one which guaranteed, upon Council approval that the
clinic, and only that type of clinic, would be allowed to serve the
community et 3045 Middlefield Road. That was done, and they re-
quested final Council approval on the PC. They showed their com-
mitment continued to provide the valuable service . to the citizens
of Palo Alto. Tonight, the Council would have its final opportu-
nity to stand behind .the community ty and the emergency veterinary
clinic, and they hoped it would.
0f ano Porter, 609 Ashton avenue, said if people had to go a long
distance for emergency vet care, the animals would die. She
brought her dog in .last night, and he would not be alive today if
,he had to go to' San Mateo. She believed the veterinary service
benefited. children's pets and many senior_ citizens' Companions,.
and she bid not want the service to move.
Jan Kase, 159 Ramona Road, Portola Valley, was a board member of
Pets in Need, a nonprofit animal rescue organization serving thy,
mi dpeni nsul a for 17 years and located in Menlo Park. They were
4 2 6 1
2/27/84
i
11
ELI
told last week the issue was coming up again. Based on the last
meeting she attended, she believed the Council consensus was to
keep the clinic in its present state, and she was disappointed to
find that the issue was still in question. The Pets in Need ser-
vices of animal rescue depended largely on the help of the local
veterinarians in the community, and it was critical that emergency
animal support services remained available to the people in the
area. She urged the Council to be sensitive to the medical needs
of the pets in the communty.
Cheryl A. Crose, 4185 El Camino Real, President of Pets in Need,
on behalf of Santa Clara County and the southern section of San
Mateo County, said they were fortunate to have the SPVEC not just
in tens of the animals themselves, but because of the human car-
ing and suffering. Many times, Pets in Need was called at 3:00
a.m. when someone found an injured animal, and it was requi rr-d to
contact the SPVEC who helped, ratified, and resolved the situa-
tion. Pets in Need was an animal welfare group and a caring en-
tity of the community; it was small, but able to help the people.
Without the availability of the emergency clinic, its work could
not continue. Time was of the essence, as was having the emergen-
cy clinic in its present location, and she hoped the Council would
take that into consideration, and make the special area conclusive
to keep the clinic open. It was an asset to the citizens, and it
was time to start taking care of "our four legged friends."
Carol Zimmerman, 3072 Waverley, was a pet owner and lived in the
neighborhood of the clinic. About six weeks ago, her dog ate
poison, and the clinic cured her. The veterinarians were kind and
sympathetic to the hysterical owners, and the owners comforted
each other. It was a busy place, and she hoped the Council would
agree to keep it at its present location.
Beatrice Latianca, 1721 Banff Drive, owned the property at 3045
Middlefield Road, and said a veterinary clinic was at that loca-
tion for over 20 years, and was an integral and important part of
the community. She personally spoke with over 60 residents on
Middlefield Road, from the 2300 block to and including the 3300
block of Eichler residents, and everyone, without hesitation,
signed the petition in Support of keeping the emergency clinic be-
cause there was a definite need in the City of Palo Alto. One
would be amazed at the number of pet owners in Palo Alto, and so
many indicated that their pets were still alive because the emer-
gency clinic was in the immediate area when immediate medical care
was crucial in saving the life of their pet. At one residence, a
"sitter" answered the knock, and said she was well aware of the
emergency clinic because telephone number was included on the list
left with her by the owners. Everyone was concerned about the
plight of the SPVEC, and indicated that if they were unable to at-
tend that evening, they would send a friend. Many of those in at-
tendance that evening hoped to save the emergency clinic. She
urged the Council to listen to the heartbeat of the community and
save the clinic. She gave the City Clerk a petition with an addi-
tional 470 signatures, which was .on file in the City Clerk's of-
fice.
Robert Oebs, 3145 Flowers Lane, said the area across the street
from the clinic was all residential. ant the commercial in Midtown
was a problem for many years. Fifteen years ago, the entire area
was inherited from the County and was essentially light indus-
trial. He said his dog: was .saved in the SPYEC, but that did not
justify bad City planning in the long .run. The Council's respon-
sibility was to the entire City and its future. A Councilmember
must remember that no matter what his personal feelings, a future
Council must not be bound. The Council proposed to change the
Comprehensive Plan land use map to neighborhood commercial, and
although he had no doubt that the clinic - was run well, the land
could be sold tomorrow. The zoning went with the land, and the
clinic 4,rotruded in the middle of multiple family housing, which
4 2 6 2
2/27/84
was needed. He was opposed to the Century Liquors at the corner
because the entire area was supposed to be apartments, and commer-
cial was supported to stop at the Creek. Century was there, and
now the veterinary hospital wanted to stay. ,There was a need, and
he suggested that Portola valley might be a good place. The vet-
erinary clinic was requesting increased use --all day and all
night. He urged the Council to look at long-range planning and
take a good look at what would heppen if the veterinary clinic
were allowed to stay.
Mayor Klein declared the public hearing closed..
Councilrember Fletcher said when the application previously went
to the Council, the opposition stemmed from the Council's reluc-
tance to rezone the property commercial. It was designated and
zoned multiple family, the City wanted more housing, the Compre-
hensive Flan called for. the elimination of the type of strip com-
mercial that developed along Middlefield Road, and the Council
denied the application. The suggestion for a PC zone was to
specify the use and ensure no commercial. She was surprised when
the recommendation stated the PC could not be approved for what.
was basically a commercial use, without also approving a change in
the land use designation. She opposed commercial designations,
but in reviewing the recommendation, the zoning itself would not
be commercial --the land use designation would be neighborhood com-
mercial, but if the particular use ceased, any other development
would have to return to the Council, and the residents would again
have the opportunity to take part in the discussions, and a use
compatible with the surrounding multiple family housing would be
designated, The solution was not ideal, but on balance, the value
of the particular use outweighed the minimal risks. She believed
the use was compatible, and considering that the City received no
complaints from the neighbors. about traffic or noise, she saw no
detriment to allowing the use to continue at the site.
NOTIion: CoMnci lmember Fletcher moved, seconded by Witherspoon,
approval of the staff recommendation to adopt the Planning Commis-
sion recommendation and conditions as follows:
1. Use of the site be limited to animal care, but excluding ani-
mal kenneling or boarding. The animal care use shall provide
emergency veterinary services between the hours of 6:00 p.m.
and 8:QD a.m. daily;
2. Use of the sleeping facilities is ancillary to the principal
use, and shall mot constitite a lodging or dwelling unit;
3. Plans shall be modified to include required bicycle parking
and lowering of the sign height to 2.5 feet;
4 hew solid fencing shall be provided on the side and rear prop-
erty linos, six feet in weight, with the exception of four
foot high fencing within tenfeet of the front property line;
5. The building be protected with automatic fire sprinklers;
6. The applicant suheit a preliminary drainage_ plan to the Public
Works/Engineering Department for approval before finalizing
construction plans, but at least thirty days prior to applying
for a building permit;
7. Construction shall begin no later than June 1, 1984 and shall
be completed within six ninths of the issuance of a braildIn
permit;
8. The existing streetrre be rowed and that required parking be
provided in compliance with city ordinances prior to occupancy
of the mew building;
4 2 6, 3
2/27/84
NOTION COi4TIkUED
The operator shall at all times comply with the Palo Alto
Noise Ordinance;
The accoustical report shall be prepared prior to building
permit applications to assure compliance of the project with
City noise ordinance;
1. The plumbing vents and ducts shall be clustered within the
mechanical well and shall not protrMde past roof surface;
2. The proposed freestanding sign shall not interfere with line
of sight and the location of the sign shall be approved as a
minor PC amendment; and
3. The rear fence details shall be submitted for approval as a
minor PC amendment.
Council makes the following findings:
a. The project will not have a significant impact on the env1ron-
b. The site is so situated, and the use proposed is of such char-
acteristics that the application of general districts or com-
bining districts will not provide sufficient flexibility to
allow the proposed development in that limitations on the
types of uses allowed and the extent of development are not
possible under existing zone districts;
c. Development of the site under the provisions of the PC
(Planned Community) district will result in public benefits
not otherwise attainable by application of the regulations of
general districts or combining districts in that the twenty-
four hour emergency veterinary service is of great local and
regional value;
d. The use permitted and the site development reeul ations appli-
cable within the district are consistent with the Palo Alto
Comprehensive Plan and compatible with existing and potential
uses on adjoining sites or within the general vicinity in that
noise, lighting, any: landscaping requirements will signifi-
cantly limit the potential adverse impacts of the proposed use
on the surrounding properties.
RESOLUTION 6233 entit ed °RESOLUTION OF THE COUNCIL OF
lie. UHT OP PALO ALTO AMENDING THE PALO ALTO
COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY OF
PALO ALTO 8Y AMENDING THE LAND USE: DESIGNATION FOR
PROPERTY KNOWN AS 3046 MIDDLEFIELD► ROAD'
ORDINANCE FOR FIRST READING entitled ' ORD INANCE OF THE
runner-inr-mar-mur-word-pAL0 ALTO AMENDING SECTION
18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING
MAP) TO CHANCE THE CLASSIFICATION OF PROPERTY KNOWN AS
3045 MIDDLEFIELD ROAD FROM RN -2 TO PC'
Councilraember Wil:herspoon shared some of Councilmember Fletcher's
concerns, and as pointed out by Mr. Freel tnd, the Council could
not bind future Councils to change the Comprehensive Plan zoning
back to residential when the sl to was no longer used for the
specific PC zone. She asked the City Attorney how the record
could be flagged to show the intent at the time and the hope that
such review would take place.:
City Attorney Diane Lee said the minutes could show the intent,
but no binding legal= action could be taken.
4 2 6 4
2/27/84
eounciimember Witherspoon said the Council's best hope was to have
a statement in the minutes, and someone with a long memory.
Ms. Lee said that was usually the case.
Mayor Klein suggested Councilmember Witherspoon make remarks and
have there recorded verbatim.
Councilmember Witherspoon said that would certainly be her hope.
No one could predict how long the site would have the Emergency
Veterinary Hospital un it, and the Council hoped it would be for
many years. One way or another, she imagined that in the future,
there might be another use on the site, or another use contem-
plated for the site, perhaps under different owners. In that
case, they would have to come in for rezoning. It certainly would
be her interpretation of the many discussions the present Council,
the present Planning Commission, and present community had at the
time that they, on the whole, felt it was a residential area.
They would like future Councils and future Planning Commissions to
seriously consider putting the land use designation back to resi-
dential at that future time. She expressed another concern she
had which she noticed in the ordinance. She asked what the under-
standing was about daytime use. She assumed the Council could not
prohibit the use during the day, but they were specifically
spelling out that under the Planning Commission conditions the
site would be for the use of emergency animal services between
6:U0 p.m. and 8:0U a.m. daily. She askod what the daytime use
would be.
Zoning Administrator Bob Brown said the applicant requested that
daytime use not be precluded, because in the future they might
desire to bring in a specialist or a general veterinarien for day-
time use of the site. The ordinance before the Council required
emergency veterinary services in the evening and on weekends, but
did not preclude daytime use.
Councilmember Witherspoon said it could then cover any type o.f
animal care during the day.
Vice Mayor Levy said he was quoted as speaking forcefully in favor
of finding a way through a PC zone to allow the Emergency Clinic
to remain in that location, and his feelings had not changed.
Fundamentally, he was in favor of the motion before the Council,
but like Councilmembers Fletcher and Witherspoon, he was uncom-
fortable with some elements, such as the concept of having the
underlying listing of ):he '+roperty in the Comprehe'aisi ve Plan as
Neighborhood Commercial. He believed the area should funda- men-
tally be zoned residential, with the PC for veterinary emergency
use being an exception. He would like to find the PC consistent
with the Comprehensive Plan showing the underlying plan designa-
tion to be residential. He believed it was consistent therewith,
and would make such an argument if possible.
Mr. Brown said it would be difficult to find that such compliance
could be made. The land use section of the Comprehensive Plan,
which discussed the allowable uses of Multiple Family Residential
areas designated on the Plan map, did not mention anything similar
to a veterinary clinic, and he did not believe such a finding
could be made.
Vice Mayor Levy. asked for clarification that wherever there was a
PC, the underlying designation wasnot residential, unless it was
a residential PC.
Mr. Brown said that was his understanding, end had.been the case
since 1978.
4 2 6 5
2/27/84
Lee said as used in Section 18.68.06O(c), the term "consis-
tency" was the requirement for consistency between the PC and the
Comprehensive Plan, which was the same type of finding as was re-
quired to be made under State Law with respect to zoning and com-
prehensive plans. In terms of the kinds of uses the courts saw as
consistent, she believed it would be stretching it to consider the
veterinary clinic consistent with a residential use. Legally, the
City Attorney's. office would be as hard pressed .as the Planning
staff from a planning perspective to state the use was consis-
tent.
Vice Mayor Levy asked to go on record as strongly as his col-
leagues. The fundamental designation of the area, in his judg-
ment, should be residential. The veterinary clinic represented a
significant need in the community, and therefore justified a
change in zoning in order to be consistent with the proposed PC
use. If that use were ever terminated, he would strongly opt it
be returned to a residential designation. He referred to Condi-
tion 8, which had also been discussed at the Planning Commission,
"that the existing structure be removed prior to occupancy of the
new building." He sympathized with the applicant's statement that
it would render a hardship to them, and asked whether the language
of Condition 8 could be changed and remain acceptable to staff, to
require the existing structure be removed within a reasonable time
of occupancy of the building.
Mr. Brown said Condition 8 of the Planning Commission recommenda-
tion was changed in the ordinance before the Council. Page 3 (6)
of the Development Schedule allowed the existing structure to be
removed and the new building occupied in a two week period given
for completion of the landscaping and the parking. The applicant
had indicated two weeks would be more than sufficient.
Vice Mayor Levy asked about the possibility of the site being in
daytime as well as evening use. The Planning ng Commission minutes
did not show much discussion of that point, and he was uncomfor-
table with it. One of the elements that made the use in that area
compatible with surrounding residences was that it was essentially
an evening use of an emergency clinic and pets that came were not
likely to make a lot of noise. If there was an opportunity for it
to be used as a more normal facility with daytime operations, he
would not be so comfortable with its compatibility.
Mr. Brown said the question was not extensively discussed by the
Planning Commission. The applicant's request was simply forwarded
by staff to the Commission to allow the possibility of daytime
use. Staff did not necessarily have any objections because of the
soundproofing of the new building, the limited amount of activity
during the day, and the ample parking.
vice Mayor Levy _asked if the door was being left open for i t to
become a more ordinary pet hospital with daytime hours.
Mr•. Brown said yes as long as emergency services were provided at
night. That was a requirement.
AMENDMENT: Vice. Mayor Levy coved _ to a7etd condition (1) of the
ordinance to read that the use shall be limited to the hours of
6:00 p.m. to 8:00 a.m. daily and for 24 hours on Saturdays,
Sundays, and holidays.
AMENDMENT FAILED for lack of second.
Councile,erber Renzel said. she had a purist land use point of view.
As a,pet owner, she supported emergency care in the community in a
cd10w4,rc141 zone. It Was -obvious that funds were available to re-
develop an& rebuild, and she believed it Should be done in an
-existing commercial zone. There was a clear -shortage of housing
in the area, and Council was constantly looking at ways to --provide
it. The area was zoned residential, and she did not want to
4 2 6 6
2/27/84
charrye it to commercial. There was ample commercial zoning
throughout the City and she opposed the motion.
Councilmember Cobb said since Council was establishing a record
for the future, he endorsed the comments of Councilmembers
Fletcher and Witherspoon and Vice Mayor Levy about the perceived
underlying residential use of the area. Many letters were re-
ceived on the item, and one resident made the point that if they
turned Palo Alto into a sea of condominiums by building on every
conceivable piece of land, no matter what its size, those special
qualities that made Palo Alto what it was would be lost. He
agreed and considered it one of the problems the Council had to
deal with. By adding a few expensive condominiums that would have
an insignificant impact on the housing problem, the City would
lose a special use. If some Councilmembers hoped for successful
legislation to preserve the recreational uses of the property sur-
rounding the current center, including the Winter Club and other
facilities, he believed the clinic would make excellent neighbors,
and would be a compatible use. Recreational uses were acceptable
conditional uses in a residential zone. He clarified that he was
in no way speaking against the underlying residential use of the
area. For those reasons, and although he was concerned about what
could happen should the current operator ever leave, on balance,
the Council had to preserve special qualities, and retaining the
clinic was one of doing so.
Mayor Klein said he would divide the motion into two parts --the
first being a resolution to change the land use map designation of
the Comprehensive Plan from Multi -family residential to Neighbor-
hood Commercial. After voting on that they would vote on the
ordinance to change the zoning from RM-2 to PC.
FIRST PART OF MOTION TO CHANGE THE LAND USE MAP DESIGNATION OF
THE COMPREHENSIVE PLAN FROM MULTIPLE FAMILY RESIDENTIAL TO WEIGH-
e0RH00D COMMERCIAL PASSED 7-1, Renzel voting 'no," Woolley
absent.
SECOND PART OF MOTION TO CHARGE THE ZONING FROM RM-2 TO PC
passed by a vote of7-1, Renzel voting "no," Woolley absent.
COUNCIL RECESSED FROM 9:22 p.m. TO 9:37 p.m.
ITEM #12, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
•
Mr. Brown said the original use permit request from the School
District was for three uses on the site, the multi -purpose room
for congregational gae ._'rings, a day care center for up to 50
children, and an administrative office. That proposal required
substantial additions to parking on the site,' which would have
been provided in the two current asphalt play areas. Dif. culties
arose with access to those areas, placing traffic along a narrow,
one-way maintenance road along the back of the site adjoining the
school turf area and Seale Park play areas, then onto Louis Road
via a City maintenance road. The neighbors strongly objected to
that at a Planning Commission meeting, and the Commission recom-
mended denial of the permit after it was g<•anted by the Zoning
Administrator with conditions. The revised request from PAUS[I
included the administrative effi ce and two classrooms. The class-
rooms would be used for instructional purposes by the church, and
would involve. only the existing 36 parking spaces on Stockton
Place and the elimination of the use of parking to the rear of the
site and the one-way circulation system. Staff believed all ob-
jections of adjoining residents to the circulation system would be
eliminated - while providing occupancy of the site and a caretaking
function on the property. Staff believed the action would be an
amendment to the requested Use Permit, and could therefore be
acted upon by Council that evening t.f it so desired.
4 2 6 7
2/27/84
Ms. ice said with respect to the changes requested by the PAUSD,
the question arose as to whether that particular action had to yu
back to the PC. After reviewing Section 18.92.060 of the Munici-
pal Code, she opined that it was legally not required to go back
to the PC because of the broad nature of the action the Council
was allowed to take on ..the appeal, including making changes or
modifications and augmenting or deleting conditions in the appli-
cation. The Council had the power to act that evening, and had
the authority to refer the item back to the Planning Commission or
the Zoning Administrator if it chose.
Counci lmember Cobb asked if the charges met all the concerns ex-
pressed._ at the Planning Commission meeting by the neighboring
residents.
Mr. Brown said he believed so. He spoke with two residents of the
neighborhood who raised objections at the Planning Commission
meeting, and both now supported the application because it might
help prevent vandalism, but would not have any detrimental effect
on adjoining properties.
Counci lmernber Bechtel clarified the PAUSD would have to come in
for an additional use permi t if it wanted to 1 ease out additional
classrooms. She asked if the same problem with the par -king would
then arise as in the original application.
Mr. Brown said yes.
MayoMayoe Klein declared the public hearing open.
Pastor John Peterson, 685 Driscoll Court, was the pastor of the
New Life Chu,ch in Palo Alto. He introduced himself to the Coun-
cil and` —the community to reassure them the church use of the site
would be in the best interests of the community. The church had
the support of the community and the residents, and would treat
the property and the people well. He was a pastor for 12 years,
the chaplain of the Palo Alto Police Department, and on ;,he Steer-
ing and Credentialing Committee of Stanford University Associated
Ministries. The majority of church members were residents of Palo
Alta and business members, and he offered reassurance the church
would use the property in the right manner and encouraged the con-
tinued use by the community for sports activities on the turf
area. He would apprec _ rte the Council's approval of the matter.
Joe Hi rsch, Planning Commissioner, 4149 Georgia Avenue, said there
was a substantial change in the use permit since it was seen by
the Planning Commission. Although the staff report indicated the
existing parking spaces should be adequate, he saw no condition
that limited them to those 36 spaces. It would be appropriate to
ensure the fence along the left-hand side of the property could
not be used under any circumstances to go around to the aspral t
areas should the need arise, and he wanted to see that as an addi-
tional condition. He noted the hours of operation from 8:00 a.m.
to 10:30 p.m., apparently seven days per week, and believed some
discussion would be appropriate about the nightly 10:30 p.m.
time, which might mean 11:00 p.m.
Mayor Klein declared the public hearing closed.
Mr. Brown said staff had no problem with a condition prohibiting
parking to the rear of the site, and .i t seemed appropriate. Re-
garding the hours of operation, he suggested Pastor Peterson might
be able to say how many nights a week they,; would use the facility
because staff was unaware of the church's intentions.
Pastor Peterson said the church would be limited to its use, and
it would not be used seven nights a week. It would be used on
Sundays, and on Saturdays they had a prayer meeting until 7:30
4 2 6 8
2/27/84
p.m. It might be used thr=ee of the remaining five days u i -_ the
week, but he believed it would be an extreme upper limit. As a
church, there were different types of activities at different
times of the year, aad he estimated an average of two nights a
week. He would not promise that unless it was made a condition.
The congregation was not rowdy.
MOTION: Councilmember Cobb moved, seconded by Bechtel, to
reverse the Planning Commission recommendation and issue the
amended use permit request allowing the location and operation of
church facilities at 3120 Stockton Place subject to the conditions
listed below and making the following findings.
1. The proposed use, at the proposed location, will not be detri-
mental or injurious to property or improvements in the vicin-
i ty, and will not be detrimental to the public health, safety,
general welfare, or convenience in that the proposed use, as
conditioned, will have impacts substantially similar or less
intensive than the previous use of the site as an elementary
school;
2. The proposed use will be located and conducted in a manner in
accord with the Palo Alto Comprehensive Plan and the purposes
of Title 18 of the Palo Alto Municipal Code; and
3. The proposed use will not have a significant impact on the
environment.
Conditions
1. Church use of the site shall be limited to office use of the
Administration Office Building and the use of two classrooms
totaling 1,000 square feet for instructional purposes only.
Church congregational or social functions shall not occur at
this site
2. Hours of operation for the classrooms shall be limited from
8:00 a.m. to 10:30 p.m.
3. All activities on -site shall conform to the requirements of
the Palo Alto Noise Ordinance; and
4. There be no parking in the existing asphalt area to the rear
of the site.
Mayor Klein clarified Councilnember Cobb did not want to limit the
hours of operation beyond those stated in the staff report, i.e.,
8:00 a.::i. to 10:30 p.m.
MOT10li PASSED unanimously, Woolley absent.
ITEM #13, PLANNING COMMISSION RECOMMENDATION RE APPLICATION OF
FITUrU5 g FLUUU BASni PROTE= TA 'PALO ALTh BATLA11 ( R:TI[):4)
Mayor Klein said the Planning Commission recommended denial of the
application of the Santa Clara Valley Water District with regard
to site and design review of the proposed flood basin project in
the Palo Alto Baylands.
Plenning Commissioner _ Jean McCown said the Commission was uncom-
fortable with the application partly because of a conflict of:.
values. The Water District's and City's long-term planning effort
was recognized in the application, as well as the importance of
the safety concerns raised in the proposal, but by a vote of 5.1
the Commission recommend denial so that basic policy questions
could be brought to the Council before an analysis of the exact
design. The Commission desired a firm link between the necessity
of the flood basin agreements and improvements to the various.
creeks i n Palo Alto that, were the site of major flooding in recent
history.
4 2 6 9
2/27/84
The Planning Commission and City Council hcari-ngs n 1976, as well
as those held by the Planning Commission over the last several
months, showed strong coinmuui ty support for improvements to ad-
dress the flooding problems that occurred almost exclusively up-
stream, particularly Barron Craek, the past year. Various loca-
tions along a number of creeks in the City were at low flood capa-
city compared with the present capacity of the flood basin. The
Water District said a number of those improvements would not be
done in the immediate future and the schedules by the District
were optimistic in terms of timing and estimated costs. The Com-
mission wanted the Council to follow up on its concern about
whether there could be a link to the point where improvements in
some of the creek areas would occur prior to, or in conjunction
with, the flood basin project. The Commission was also concerned
about the data presented in terms of the current flood basin's
current capacity. Commissioner Christensen believed the numbers
were ill-defined in terms of whether the flood basin had a present
capacity of 25 to 50 years._ The Commission was sensitive to the
fact the project was proposed to be built in the baylands, and
took an extensive site visit and walk through with the assistance
of City and Water District staff. The possibility was raised of
removing the flood wall from the project and having only a levee,
but no conclusion was reached since it was believed the broader
question should be resolved first. The Commission preferred an
alternative that would have as natural an appearance as possible,
and if the Council desired to go forward with the project, the
Commission wanted to see the levee proposal returned as an alter-
native, or the main proposal, from the District,
Councilmember Cobb said after discussions were completed, he in-
tended tomake a motion that an independent consultant be hired to
review the matter in terms of data, methodology, the nature of the
plan, etc., and to report back to the City Council within 60 days.
In parallel, City staff would enter into discussions with the
Water District staff to see what could he aone in the shorter term
to deal with the questions of the flooding threat upstream on the
three creeks. A budget would be established, and authority would
be given to the City Manager to undertake the matter, which would
enable the Council to get some of the unresolved questions re-
solved and to move on and take timely action to protect the people
of the community.
Barnes J. Leninhan, member of the Board of Directors, Santa Clara
Palley Water district representing District No. 5, said the pro-
posed project was reviewed at length and unanimously approved by
the Board. It was concerned about the upstream flooding from the
basin, and also wanted the work done. He introduced Mike
McNeely.
Mike McNeely, Santa Clara Valley Water District, said the proposed
project basically consisted of raising the southwesterly sides of
the flood basin by approximately two to " three feet, and was the
fourth phase in a series of projects that began in 1968. The
Water District believed the flood basin project was approved in
concept by. the Palo Alto Planning Commission and City Council in
1976 and 1977, that its primary purpose was flood control, and its
secondary purpose was a wetlands preserve.. Every effort was made
to develop a project compatible with both goals. The southwester-
ly portion of the 600 acre flood basin was lower than the norther-
ly and northeasterly edges where the basin was constructed up to
an elevation of seven to ten feet above sea level. On the south-
west corner --approximately 7,000 feet along that side --the eleva-
tion.of the sides of the basin varied from four to five feet above
sea level. The flood basin acted as a buffer between the tide in
the San Francisco Bay and the flows from Adobe, Barron, and
Matadero Creeks. The flows from those creeks spread over the 600
acre basin, and there were 16 tide gates that allowed the basin to
drain into the Bay. When the elevation of the water i n " the basin
was higher than that of the Bay, water was allowed to discharge
into the Bay and could not backtlow the other direction. The
4 2 7 0
2/27/84
basin alto peevent,ed tides from going up the three creeks and re-
stricting the capacity and the storm drains which fed into them.
The Water District strongly believed there was a potential flood
threat in the area, and its calculations -indicated that under
existing circumstances, the flood basin could fill in the one per-
cent event with no factor of safety. Any combination of extremely
high tides or wind action, which was not unusual, could cause
flooding, overtopping of the existing sides of the basin in the
area towards Highway 101, across 101 into the West Bayshore resi-
dential neighborhood and along Matadero Creek or, its northwesterly
side towards the old ITT property, and eventually work its way
towards Embarcadero Road. The Water District believed the project
was a necessary first step toward solving the severe flooding of
Adobe, Barron, and Matadero Creeks. The 1983 flooding in Barron
Park alone caused damage reported to be over $120,000 with over 90
homes flooded, and several other areas of Barron and Matadero
Creek all along its alignments were subjected to flooding. Under
the one percent design event, the Water District estimated approx-
imately $25 million worth of damage in the water shed area. When
the flood basin and Adobe, Barron, and Matadero system was com-
pleted, the citizens and businesses of Palo Alto would save about
$500,000 worth of annual flooding insurance premiums based on a
conservative estivate of $70,000 coverage for flood insurance for
each residential property for about 1,500 structures in Palo Alto
that were required to have flood insurance. The District proposed
a little over 7,000 feet of earthen levee along East Bayshore
Road, behind the City Municipal Service Center, and out Matadero
Creek a distance of about 4,000 feet, all approximately two to
three feet high. There was a single remaining proposed concrete
flood wall of about 750 feet long between the Municipal Service
Center and Matadero Creek; The lease along the bikeway was the
subject of discussion, and the Water District proposed a two to
three foot high levee adjacent to the current bike path with land-
scaping on the slope of the levee a distance of about five feet
between the bike path and the levee on the average. The District
previously proposed a flood wall along that area, and with its
latest information on soils, there could be a levee that would not
encroach anymore than a flood wall on the marshlands. The net
lost wetlands in the 600 acre basin was proposed to be about four -
tenths of an acre, which was significantly less than that origin-
ally proposed in 1976, and the Water District proposed excavation
to restore the wetlands. If net lost wetlands was a major con-
cern, the District looked at a possible alternative in the area of
high ground near the Adobe Creek outfall on the southeasterly c'er-
ner of the basin where it could generate up to an acre of excavat-
ed wetlands, which would actually result in a pet increase in wet-
lands. The Water District planned to start the project in Ouly,
1984 to specifically avoid the nesting season, and be completed by
the end of the year. Regarding the building of upstream culverts
or channel improvements instead of embarking on the basin project
immediately, the Water- District strongly believed that construc-
tion of the basin. first was the only alternative from a sound
planning, professional, and legal standpoint. It attempted to
give a "what -if" scenario showing what would happen if the Dis-
trict enlarged the capacity to the one percent level of Adobe,
Barron, and Matadero Creeks without doing anything to the flood
basin.' During the 100 year event, the result would be three feet
deep fl oodi ng of the West Bayshore area plus flooding of the "ITT"
property. The elevations of street and building pads in the West
sayshure area varied from about two to five feet, and they -were
talking about flooding up to an elevation five feet about sea
level or three feet deep -in that area, which could substantially
_worsen the Situation in that area. At the same time, there could
be flooding in the "ITTw property to the northwesterly side of the
basin. Another scenario Wight be if flooding first occurred on
the Matadero Creek side in the MATT" area, and if -these Vevees
.were eroded and allowed more water oh the "ITT° property, flooding
4 2 7 1.
2/27/84
allowed more water on the "ITT" property, flooding would proceed
northwesterly towards Embarcadero Road, and isolate the treatment
plant, and find its way to the golf course and airport. Anything
between a 20 and a 100 year event would cause flooding to that
level. The Water District believed the capacity of the flood
basin was equivalent to a 20 year event, not a 50 year event. If
the creeks were improved, any event over a 20 year event, which
had about a five percent chance of happening in any particular
year, would cause flooding. Several changes occurred since 1976.
Primarily, the Water District believed a major impact was mini-
mized, the net lost wetlands was reduced and nearly 7,000 feet of
flood wall or=iginally proposed was eliminated along West Bayshore
Road, behind the Municipal Services Center, and along Matadero
Creek. The Water District's hydrology was updated subce 1978 and
five nationwide hydrologists were asked to review its methods, and
the methods were also reviewed and approved by the National
Academy of Sciences. The five nationwide hydrologists reported
"...the panelmerbers believe that the Santa Clara Valley Water
District is ahead of most local organizations in using an advanced
hydrology methodology. The District is encouraged to make a seri-
ous effort to make available publicly its methodology in a
procedures manual both for the benefit of the profession and to
solicit additional outside reaction. The impression by the panel -
members is that the characteristically' high professional level of
these men is reflected in the excellence of District's programs of
hydrologic studies," The Water District believed the project
would benefit Palo Alto, not be a detriment. It was carefully
constructeu and would have minimal environmental impacts.
Vice Mayor Levy said the numbers at the top of Attachment I indi-
cated that off Matadero Creek there was a 50 year capacity, and a
55 year capacity at Barron and Adobe Creeks, and he asked if those
were in the flood basin.
Mr. McNeely said it was the "culvert" or capacity within the
creeks underneath the Highway 101 bridge.
Vice Mayor Levy clarified no information was contained on .Attach-
ment 1 regarding the capacity of the flood basin.
Mr. McNeely said that was correct because the capacities were in
cubic feet per second, and the capacity of the flood basin was
measured in volume.
V►ice Mayor Levy said as Matadero Creek crossed Alma, the capacity
was a five year event, and he asked if that meant the capacity
could be raised to the same as on Middlefield. If that capacity
and the one at Louis Road were worked ;.:n, the flooding hazard
would be reduced without doing any work in the flood basin. He
wanted to get a feel for the alternatives t� increased capacity of
the flood basin, or whether it was absolutely necessary to start
at the flood basin and do nothing upstream until something was
done downstream.
Mr. McNeely said the District believed the flood basin could be
severely tested under the one percent event. Directing more water -
to the flood basin would threaten the West Bayshore area, and the
five year capacity was used in routing the water down into the
basin. With the five year capacity, the basin would fill, and if
the basin were enlarged to something less than the one percent, it
would not be economical. The difference between the 15 to 20 year
and the 100 year event was not that great in cost, and the Dis-
trict did not want to propose something that was an incremental
solution that would have to be enlarged again in ten years. There
was a railroad there, and it did not make sense to go in more than
once,
Councilmember Renzel said the presentation indicated the flood
basin could fill in the one percent, event with no freeboard,
4 2 7 2
2/27/84
and she asked for clarification that Mr. McNeely referred to the
District's designed one percent or the one percent aS it presently
went through the system.
Mr. McNeely clarified he meant the one percent as it presently
went through the system, and the District's hydrologist was avail-
able to answer questions.
Councilmember Renzel said regarding the earthen levee that went
out along Matadero Creek, the District wanted to raise and widen
it for maintenance purposes, and she asked what would be main-
tained out there.
Mr. McNeely said the levee itself would be mantained, and there
would be better access to the tide gates. If the District con-
structed a minimal width levee at any particular point, through
wind erosion, it wound up with a levee it could not drive on. If
there was a major event, the District wanted to get out there and
address problems as they arose.
Councilmember Renzel said most people went to the tide gates by
way of the entrance to the refuse area because it was a shorter
distance off road than going along Matadero Creek.
Mr. McNeely said that was true, but there were problems getting
through the refuse .area during storeys.
Councilmember Renzel asked about the Charleston Slough dike.
Mr. McNeely said that route was long and circuitous, but he did
not believe it was tested.
Councilmember Renzel said the question of the change in the water
shed size came up several times, and the report stated it was 21.7
square miles More recently the Council was told it was 27 square
miles, and she asked from where the additionar .0:5 square miles
came.
Santa Clara Valley Water District Hydrologist Abdullah Saah said
that prior to October 19, 1976 hydrology, the drainage area was
delineated assuming that most or' area drained into San
Francisquito Creek. After close investigation of the storm drain
system of Palo Alto, it was realized that the entire area between
Matadero Creek and San Francisquito Creek drained into Matadero
Creek all the way up to the border of San Francisquito Creek.
Councilmember Renzel believed the City installed a pumping system
to take the Greer Road drainage over to San Francisquito Creek.
Deputy . Director of Public Works Dale Pfeiffer said a lot of the
system close to Greer was channeled into the Matadero Pumping
Station.
Councilmember Renzel asked if Mr. Pfeiffer believed any of the
City's storm flow from north of Matadero was going over to
Matadero Creek now by storm sewers.
Mr. Pfeiffer- said a large portion of storm drain system north of
Matadero went into Matadero Creek, and a lot northwest ..of the
Greer area drained directly into San Francisqulto Creek...
Councilmember Renzel clarified the entire 6.5 square miles was
from that area.
Mr. Saah said it was basically from that area together with some
adjustment in the water shed upstream.
Councilmember Renzel said when the hydrograph was done for the
three creeks, Barron, Matadero, and Adobe, the City only had
gauged records for Matadero, and she asked what was used for the
4 2 7 3
2/27/84
Barron and Adobe Creek.: r ryures. She asked whcthey' Mataderd was
correlated with streams in and out of the County, and then Adobe
and Barron correlated with Matadero, or whether Barron and Adobe
correlated with the other gauyed -stations in and out of the area.
Mr. Saah said the gauging station of Matadero Creek was correlated
with other gauging stations within as well as out of the County,
which increased the information and statistics on Matadero Creek.
The number of years of record of Matadero Creek was about 20 to 25
years, and was not enough of. a sample. The new statistics related
to the basin characteristics of Matadero Creek.
Councilmember Renzel clarified Barron and Adobe were correlated
with the Matadero extended data.
Mr. Saah said that was correct. The result of the regression was
only one input into the final decision making of the design flow.
The second decision was based on the information obtained from
rainfall. presently they .had information from the regression as
obtained from Matadero Creek, and other information coming from
rainfall based on the transformation of rainfall to runoff that
told other information about design flow.
Councilmember Renzel said the technical report discussed the cor-
relation from extending the data in Matadero Creek, and it said a
lot of data was grouped and Group No. 6 was selected. She asked
which creeks were included in Group No. 6.
Mr. Saab said the grouping was done because they used a lot of
gauging stations, and no more than ten gauging stations could be
used at one time. Those ten gauging stations were grouped and
used in such a way to relay better information to each other, and
then another ten gauging stations were used with an overlap area,
etc
Councilmember Renzel said Arroyo Seko and Coyote were the only two
creeks with a longer data period and she asked if they, or at
least one, were included in each of the groupings in order to get
an extended data.
Mr. Saah said arroyo Seko was one of the best gauging stations
available in Northern California with more than 100 years of
record, but he did not recall whether it was used.
Councilmember Renzel asked if any of the creeks from the coast
side of the mountains were used in the correlations.
Mr. Saah did not known but all groupings were interconnected.
MAYOR KLEIN RE ITEMS TU BE HEARD AFTER 11:00 o.m.
Mayor Klein did not believe the Flood Basin item would be con-
cluded before midnight, and recommended Items 14 and 15 be con-
tinued to the next City Council meeting on March 12.
MOTION: Mayor Klein moved, seconded by Cechte1 , to bring for-
ward Items 14 and IS, re stop signs at Webster/Forest and East
Meadow/Ross Road.
MOTION PASSED unanimously, Woolley absent.
MOTION TO CONTINUE: Mayor Klein moved, seconded by Levy, to con-
tinue Item 14 re stop signs at Webster Street/Forest Avenue, and
Item 1S, stop signs at East Meadow/Ross Read to March 12, 1984.
Mayor Klein apologized to those . who waited for _.the items, . but
while Council wanted to get, to those items, the experience past
midnight was that the quality of the dialogue went down.
4 2 7 4
2/27/84
NOTION PASSED uoaoimonsly s Woolley absent.
RETURN TO ITEM #13, FLOOD BASIN PROJECT
Couricilmernber Renzel said after the data for Matadero Creek was
estimated, she asked if the estimates were verified.'
Mr. Saah said they considered all possible historic information,
and the report listed the data in two forms --recorded and esti-
mated. The estimated record was obtained by transforming informa-
tion from one location to the other.
Councilmember Renzel said she went back and got annual rainfall
data for all the years of estimation, and while there was a fairly
good positive and negative correlation for the actual data, there
was a poor correlation between the estimated data and the annual
rainfalls. In 1943 and 1945, high runoffs were estimated, and
they were ordinary years. She went month -by -month, day-by-day
through the newspapers, and there were no extraordinary events to
account for an extraordinary runoff.
Mr. Saah said if they had any information about rainfall at that
time, it would have been used. In the mountains and upper water
shed, there could have been rainfall experienced, but he knew of
no records that could tell about rainfall over the water sheds,
Councilmember Renzel said there seemed to be a clear correlation
between the actual data --where there were gauged readings from
Matatiero--and extreme flows and rain events and a clear correla-
tion between low rainfall and low events. When going to the ex-
treme events in the estimated data, eight cut of fourteen did not
correlate in even the same direction. She believed that went to
the foundation of the one percent event, and why she asked if the
estimates were verified.
Mr. Saah said he was lost with the term correlation and relation.
He asked if Councilmember Renzel was trying to correlate the esti-
mated rainfall data with its respective precipitation data.
Councilmember Renzel said she took the annual rainfall for each of
the years from 1915 to 1980 and looked at Mr. Saah's gauged flows
and those estimated and picked those which were way above or below
average. The actual data correlated directly with the rainfall
events for the annual rainfall, whereas in the estimated data,
eight out of fourteen had no correlation between the actual
weather conditions in Palo Alto and the flows shown on the esti-
mated data.
Mr. Saah said there was a relationship between an instantaneous
peak flow, which was shown in the estimated value contained in the
report as it compared to the annual precipitation. He believed
Councilmember Renzel was talking about annual precipitation and
trying to generate information about the instantaneous peak flow.
Councilmember. Renzel clarified there was clear correlation in the
actual stream flow data --the 23 years of measured data --and the
rainfall, but the estimated data had no correlation at all.
Mr. Saah asked how the correlation was in terms of percentage.
Councilmember Renzel said she used the annual rainfall for Palo
Alto.
Mr. Saah said the annual .rainfall would not really generate an
instantaneous peak flow.
Councilmember Renzel said in the case of the two highest esti-
mates, she went daily through the newspapers from December through
March, and the highest rainfall was 1.07 inches in a 24 our
period.
4 2 7 55
2/27/84
1
1
Mr: Saah said the estimated value contained it the report was well
documented, and was obtained based on an acceptable stochastic
technique with sound mathematical backing. It could not be said
the values were 100 percent correct, but the time process rep-
resented a sample which provided a good idea about the population
of the station. Based on the transformation of information from a
gauging station with a longer period of record to another gauging
station with a shorter period of record, the time process which
was random in nature, represented the population better than the
recorded value.. There was a lot more information in the time
process without regard to the particular value.
Councilmember Renzel clarified the years of runoff could have been
placed anywhere to come up with some average information. If a
figure was given for 1943, it was not necessarily for 1943, but
rather for any year.
Mr. Saah said it was meant for 1943, but the value was a stoch-
astic value, a random value.
Councilmember Witherspoon said regarding Attachment 5 with the one
percent improvements on the three creeks, but with no flood basin
improvements, she only got a 1.3 difference between the elevation
on the freeway and the lowest point where there were buildings.
Mr. McNeely said the water surface elevation would be Elevation 5,
and he noted that along Loma Verde Avenue, the elevations marked
on the street went from 4.1 to 3.1 to 2.4, which was 2.6, and over
by Matadero Creek there was 2.1 feet near the upper end, which
equalled about 2.9.
Councilmember Witherspoon said the creek was improved, but nothing
was done to the flood basin and where there was no outflow throu;;Ih
the tide gates,
Mr. McNeely said if the flood gates were not there, it would be
much worse.
Councilmember Witherspoon clarified when the one percent event
occurred, the City had no freeboard, and must assume some extreme
conditions, such as the flood gates not releasing all the water
necessary, high winds, etc.
Mr. McNeely said the conditions factored in with regard to the
tides and flood gates were the same as those factored into all
calculations. It was assumed that tide would vary between a maxi-
mum of 4.6 feet and a minimum of approximately minus four feet.
In a 24 hour period, there would be two high and low tides. The
flood gates would function when the water in the basin was higher
than the water in the Bay at low tide.
Councilmember Witherspoon clarified those would be normal condi-
tions existing in the wind and tide factors.
Hr. McNeely clarified abnormal conditions as being existing condi-
tions that could increase the problem above that which would occur
with the 4.6 foot tide.
Councilmember Witherspoon asked about the depth of the flooding
shown on Attachment 3.
Mr, McNeely said Attach. ent 3 was the depth of flooding under the
existing conditions, and related to the creeks themselves and
overbanking from the creeks --not so much backing up from the flood
basin. Each creek at its upstream terminus where it became over-
taxed would overbank. The ,-flooding was not so` aluch related to the
basin as it was to the inadequacy of the creeks themselves. There
would probably be up to three feet of flooding, which would occur
upstream southerly of the railroad tracks on Alma. The main prob-
lem would be the Barron Park area and water getting to the rail-
road where i t could not pass and would bank up.
4 2 7 6
2/27/84
i;ounciimember Cobb said one of the major points of difference was
the District firmly believed the flood basin _must be done fleet
and the creeks later. Other input said exactly the opposite, and
he- asked Mr. McNeely for his understanding on the points of dif-
ference in terms of the order and why there was such a strong- dif-
ference over the nature of the data being discussed.
Mr. McNeely did not believe the District's hydrologic data which
said the basin would fill under existing conditions, and did not
believe the one percent flow peaks and volumes per the District's
criteria and method': were accurate. The other point was the en-
vironmental impact on the basin, which impact he believed was min-
imized to the extent humanly possible.
Councilmember Cobb clarified the difference came down to a ques-
tion of whose data was correct, whose methods were correct, what
methodology should be used, and how accurate the calculations
were, all of which traced back to the original data point. He
asked if that was the issue.
Mr. McNeely said yes. The District's data was possibly the only
data generated because they were the experts in the field, and the.
experts nationwide were asked to review the data.. The data was
accepted by the federal government, was the basis for the flood
insurance program in Palo Alto, and the City ordinance which
referred to flood insurance as a standard. It was an accepted
nationwide criteria. The local water district was not just prom-
ulgating the parochial rules --it was data carefully studied and
reviewed nationwide. It was not only the Water District, but the
Corps of Engineers, the U. S. Soil Conservation Service, and
others.
Phil LaRiviere, 453 Tennessee Lane, represented the Save the Marsh
Committee, a group founded in 1970 to oppose a large proposed
development sponsored by the County for the Palo Alto Flood Basin.
The group's success was the reason for the 600 acres of flood
basin today. A number of points were made in a written submission
to the Planning Commission and City Council, which was on file in
the City Clerk's office. The Comeri ttee wanted to see an end to
the occasional floodings suffered by the West Bayshore neighbor-
hood and the repetitive flooding that the Santa Clara Valley Water
District caused :n Barron Park with undersized culverts on Barron
and Matadero Creeks. It should be recognized that even if the
proposed project was carried out, street flooding would still oc-
cur because the City's storm drain system was designed to a ten
year return standard and could not handle the massive runoff
created by the District's 100 year storm. The 1976 Planning Com-
mission was unconvinced the proposed project was necessary, as was
the present Pl anni ng Commission. Also in 1976, in a motion passed
by a unanimous vote, Councilae aber £yerly directed a letter be
prepared expressing the Council's desire to "rapidly save the
flooding problems created by culverts upstream from the flood
basin on Matadero, Adobe and Barron Creeks." He said the District
displayed little sc s,enti fi c curiosity as . to the accuracy of its
predictions. Major storms during the last week of January, 1983
produced a record runoff on Matadero Creek providing an opportu-
nity for the District to observe to what level the runoff rose in
the flood basin. Not one reading was taken from the District's
staff gauge i n the basin. As a result, the present proposition to
spend $750,000 was based on a tenuous chain of unproven statistic-
al calculations. As a tonsegpence of historical review and compu-
tations, the Committee recommended that the flood basin project be
denied. The basin had a 50 year capability presently, and perhaps
a 100 year capability if the District's hydrograph were recalcula-
ted on a more justifiable basis. Since the basin was brought into
its present configuration in 1970, no flooding attributable to
basin inadequacy was reported. He . made the following recommenda-
tions:
4 2 7 7
2/27/84
The District firmly establish the limiting capacity of the
channels under the Bayshore Freeway. That was the downstream
starting point recommended by the Committee since the bridges
and the freeway might constitute the final immovable object.
Mr. Lenihan's insistence on basin first or no creek work did
not hold water. It rust be shown that increasing the Barron
Creek channel capacity it the culvert from 210 CFS to the one
percent value of 520 CFS would be affected in any way by the
presence or absence of a seven foot levee at the flood basin.
He believed it would not.
2. Council must see evidence that a meaningful comprehensive sys-
tem analysis went into the schedule and budget for the channel
improvements such as those listed by Mr. Graham under the Palo
Alto Flood Basin Project dated January 24, 1984.
3. Council call for a thorough independent review of the Dis-
trict's 100 year runoff hydrograph. If indicated by the
results, request the District to redefine the flood map bound-
aries associated with the present analysis.
The same treatment was more or less used by all public agencies
rightly or wrongly, and if the system was used, everyone ended up
with the same results.. The actual data points were shown and
stopped at the three to four percent point. The whole idea was to
extrapolate to one percent --or the 100 year event. The original
District hydrograph contained in the Council packet was 48 hours
long with a peak of 5,050. CFS. Over the holidays, that hydrograph
was replaced by one which rose to 6,993 CFS, and had a length of
36 hours. An actual hydrograph recorded by the U. S. Geostream
Gauge on Matadero Creek for the peak rate reached in January,
1983. It was not represented as a ton car event, peaks were nor-
malized for comparison of shapes. The original hydrograph con-
tained 4,575 acre feet, the peak jumped 40 percent, qualitatively,
the shape was totally different. He inquired last January about
the critical point of what the channel capacities were under
Bayshore Freeway, and was given numbers, dated February 6, 1984.
As of 9:00 a.m. on February_ 27, he understood the numbers were now
out of date. They were no longer 1,775 for Matadero Creek and
1,780 for Barron/Adobe, but rather, Matadero was 2,600 and
Barron/Adobe became 3,500 CFS. Those added up to 6,100 CFS which
was more adequate than the present flood hydrograph under Bayshore
Freeway. Matadero Creek channel was 52 feet wide; Barron/Adobe
was 32 feet wide, and he could not understand how it had the
greater capacity. He showed a basin model, and said the idea was
the City r-ueoff came}, i n and' entered the flood basin at an eleva-
tion of minus two feet. The tide was at a level below the two
foot mark so the flap gate was open and the water was going out.
If the tide rose above the level in the flood basin, the flap
gates closed and incoming water would be trapped until the levels
reversed their relative heights. When the flood hydrograph
started into the basin, the trick was to phase it with the tide in
such a way that when the peak hit, the flap gates were closed to
achieve the maximum height. After that died, as long as the basin
was higher than the tide outside, the water flowed out. The point
being discussed was the 5.7 feet, and it was important for that to
be exactly determined. He believed there were enough variables
into the input that it was a difficult task to guarantee. Origin-
ally the District had a tide with a maximum range of up to 6.7
feet, which was extremely high. If the Di strict'.s original hydro -
graph was combined with the original tide, the four foot walls
would have_ been judged adequate fore the 100year event.
Gil Eakins, 3493 Greer Road, lived in the projected flooded area,
but on its high end. In 1966, he lived on Kenneth Drive, down
near 101 and recalled canoes passing by his house, water lapping
at his garage door, the City's . passing out sandbags, and the
police trying to` keep cars and trucks from going, through too fast
so ' that .the water would not lap further into the houses. The
4 2 7 8
2/27/84
.tats stical positions were interesting debates, hut he believed
if Council erred, it should err on the side of safety. He be-
lieved the disagreement between those who did not want the project
and those who did, was the landfill into the basin. They were
talking about a minor addition, and for the projected safety of
the South Palo Alto area, it was ni f i icul t to believe they should
not support, the professionals hired to pursue the matter. Coun-
cilmember Cobb's suggestion to get further professional help might
be the way to go rather than the Council making a technical deci-
sion on its own. He could not understand whether the Council was
trying to decide a technical question about how much rain would
drop on Palo Alto, or whether a wail should be built so that when
the rain came, it would be prevented from backflowing into South
Palo Alto because 95 percent of the wall was done. The last
little bit kept the water from returning to the houses. If the
wall was not built, the flood basin would include South Palo Alto
rather than be retained in the flood basin itself.
(Jerry Barksdale, 3437 Kenneth Drive, lived in South Palo Alto
between Barron and Matadero Creeks, and worked in the flood basin
area on that side of the freeway. He favored the Santa Clara
Valley Water District proposal to increase the height of the flood
basin levees on the shoreward side to a height consistent with
design practices to provide a flood basin capable of holding the
100 year flood waters. The initial phase of the proposed upgrade
of Palo Alto's flood control facilities could begin that summer
and be completed by fall. It would cover only one -tenth of one
percent at a cost of less than about one -twentieth of the total
estimated expense for the multi -year plan. He and his neighbors
were uncomfortable with asking the Santa Clara Valley Water Dis-
trict to improve the creeks upstream., then wait and see if there
was really a problem downstream because that was his home. He
presented a petition to the City Council, which was on file in the
City Clerk's office, from a group of "? of his neighbors who sup-
ported the proposal.
uouglas Graham, 984 Ilima Way, was a member of the Northwest Flood
Control Zone Advisory Committee to the Water District, and co-
ahairman of the Barron Park Association. He was a homeowner and
vesi dent of Matadero Creek, but not in the flood zone. He be-
lieved they should come to an agreement on what constituted the
one percent event in the three creeks and on a reasonable scenario
of the flood basin filing and emptying so everyone understood
what would fill the basin. He heard a lot of information, but was
not convinced by the data presented by the Water District, because
he` had not seen a complete model of what could cause the flood
basin to fill. He recognized the reality of weather made many
events possible; it might be heavy rain for a short time, or
lig►►,tee rain for a longer time. When combined with the question
of which tide level to use in a model --whether one should use an
ordinary; high winter tide of the sort that might be encountered
one to three times a week, or some sort of storm tide --those ques-
tions should be spelled out, and everyone should understand what
assumptions went into the models. He did not fully understand,
send it made him uncomfortable and unable to tell the Council to
support the proposal. He believed the Water District did far more
work on the question to date than anyone else, and he favored
COunci lmember Cobb's ideas to bring in an outside expert. He did
not believe the result of the expert's evaluation was likely to be
significantly different from that of. the District, but he hoped it
would bring better information for everyone so they could better
understand what the District was trying to say. The residents of
Barron Park were concerned about getting the creeks fixed, and not
having .to wait until 1993. He urged that any motion . to bring in
more hydrological expertise have a .definite time frame attached,
with an ironclad guarantee to get the question resolved immediate-
ly. He urged the Council and the Water District to come to an
agreement soon so that people's property in South Palo Alto no
longer faced its present risks.
4 2 1 9
2/27/84
Joyce Leonard, 4107 Briar -wood Way,, spoke on behalf of the Execu-
tive Board of the Palo Alto branch of the American Associations of
University Women (AAUW), The Palo Alto branch of the AAUW had a
long time interest and support position for the preservation of
the City's Baylands, especially the more natural wetland areas
which they believed added significantly to the City's quality of
life. As the Palo Alto Flood Basin represented nearly a third of
the area of the entire Baylands, the Palo Alto branch of the AAUW
believed the proposed changes should receive special considera-
tion. They wanted to see something done immediately for the resi-
dents and the businesses that were often flooded up near Barron,
Adobe, and Matadero Creeks, and she understood Barron flooded
quite severely the previous year during the severe rainstorms.
They recognized the concerns for the rising costs of insurance,
but doubted whether the project would accomplish the desired
results, and whether all flooding would be stopped, The Planning
Commission minutes of May 17, 1976 and the Policy & Procedures
Committee minutes of July 19, 1976, discussed the need for a com-
prehensive study or plan for the entire drainage area including
the San Francisquito Creek; alternatives to building the new levee
flood wall along Frontage Road because a law was being considered
at the time; the inherent problems and the narrowness of the low
bridges and the improper maintenance of existing creek channels,
and the possibility of levee failure. A disturbing comment was
that the Palo Alto creeks were merely run-off channels, which
implied that the creeks had no other value. To her knowledge,
none of those points in 1976 were adequately addressed, although
there were comments in the minutes. The same plan to increase the
flood capacity of the basin and eventually to enlarge the culverts
on the three creeks was still going to be implemented essentially
as it was then. There was little new information or investigation
in spite of some hesitancy on the part of those public officials
to endorse the plan. More importantly, there were no new ideas as
to what could be done upstream for immediate relief. It appeared
likely that in the event of the 100 year or the one percent flood,
there might still be some flooding upstream and across the
Bayshore freeway before all the run-off had a chance to get to the
flood basin, even after the project was implemented. More infor-
mation was needed, and more problems needed to be solved upstream.
The Palo Alto branch of the AAUW expressed its appreciation for
the time and effort the Santa Clara Valley Water District spent on
the project, but questioned its effectiveness on the immediate
flood threat upstream, or on the longer term threat of flood on
the entire flatlands area.
Bob Moss, 4010 0rme, hoped the Council had an opportunity to read
the letter from,the Barron Park Association which waa at their
places that evening, and was on file in the City Cleric s office.
He chaired the Barron Park Creek Committee, and worked on the
problem of flooding for more than ten years. One of the basic
responsibilities of government was to protect the life and proper-
ty of its citizens. It was clear that a flood problem existed in
Palo Alto, particularly in Barron Park, and it was incumbent on
the government to try and alleviate the problem as quickly as pos-
sible. He shared some of the concerns of Doug Graham and Phil
LaRiviere about the data and methodology presented by the Water
District. For example, in 1975, the one percent flood on Barron
Creek was estimated at 480 CFS; two years later it went to 780
CFS, and i t was currently 830 CFS. The , Water District now said
Barron Creek would flood every other year. He lived within a
block of Barron Creek for 11 years, which was flooded only once.
The statistics did not make sense ,on that basis alone, and the
capacity of the creeks given in attachment 2 did not relate to his
experience in the area. He agreed there were problems with the
data and its interpretation, but did not believe he or the Council
was competent to examine it in detail and come up with definitive
answers. He was a registered engineer in the State of California,
and would not attempt to give estimates of the hydrology, or the
flow capacity., of the streams at the flood basin. It would be
unethical, and would violate the State Business and Professions
4 2 8'0
2/27/84
Code. ►1e would not expect anyone without experti se in the area to
make those kind of statements authoritatively. The District
clearly believed it had a possible legal liability if it increased
the upstream area of the creeks before increasing the capacity of
the flood basin. He agreed that if the upstream improvements were
made first, the Association's problems would be handled. Assuming
the basin was never improved, but the creek capacities were im-
proved to the 10U year level, there would essentially be no flood-
ing west of Middlefield and probably west of Louis, and their area
wculd be protected, but he did not want to move the flooding to
the West Bayshore. If the Council was advised by the City
Attorney that by taking some action it would create potential lia-
bility, it would be reluctant to take that action, so he sympa-
thized with the Water District telling the Council its attorney
made similar statements and was reluctant to open itself up to po-
tential /lability. At that point it became a legal, not a tech-
nical, question which he was not competent to discuss. He sug-
gested the Council take action along the lines of that proposed by
Councilmember Cobb. Council should accept the concept of in-
creased flood basin capacity to handle the one percent flood and
also the creeks, but not necessarily that the flood basin as
presently constituted would not handle the one percent flood. He
suspected there was insufficient data at that time for the Coun-
cil, or members of the public, to be comfortable. Having made the
policy statement that it was the Council's intent to accept the
one percent flood capacity, the Council should remand the issue to
the Planning Commission and ask staff to hire a competent,
independent authority --a hydrologist, or other authority as the
Council and staff saw fit --to return within 60 days or less with
an authoritative opinion as to the methodology, stream flows, and
capacities of the flood basin and the streams. The Council should
then go forward with whatever project was approved as expeditious-
ly as possible, and not get into a contest with the Water District
as to which stream should be done when, and what the priorities
ought to be. He wanted the problem resolved --not a contest
between two governmental bodies.
Joyce Schmid, 3428 Janice Way, lived in the West Bayshore dis-
trict, and thanked the Council for its careful and scholarly work
on the matter. She agreed with the statements of Gil Eakins that
it was difficult to comprehend the objections to the Water
District proposal. Sometime last winter, she walked dow►, Louis
Road and saw water bubbling up out of the sewers after a heavy
rainfall. She realized it was a different question than the one
being discussed, and had to do with a high water table and little
gaps In the sewer pipes. When the water table was so high, it
meant the area was filling up. It did not strain the limits of
credibility to think the flood basin might fill up too. It made
sense to her that if they took water where it currently flooded
and moved it further downstream, the chances of flooding down-
stream increased. When they challenged the findings of the Water
District, they talked about a stochastic model --they could not
expect it to have a one-to-one predictive validity all the way
along the line- ---but intuitively, it made sense to her. She had
some reservations about hiring an outside expert because when she
experienced medical problems she consulted _ several different
doctors and had them disagree, leaving her with the dilemma of
what to do. One did not know which expert to believe, and as sug-
gested by the previous speaker, if an outside expert was hired, he
or she would likely agree with the Water District. Since she had
no reason to disbelieve the Water District, the expert might well
agree, and the City would have spent a large amount of money for
the outside expert and wasted time and delayed the project. She
did not see how the present situation could be improved by an
outside expert. She believed the Water District proposal would
help the peopl e i n Barron Park and the West Bayshore residents.
Helene Smith, 3142 Greer Road, was a member of the original
Citizens Study. Committee, and a resident of the West Bayshore
area. It seemed that only residents of the flat zone were
4 2 8 1
2/27/84
cuticer'ned and had waited almost 10 years for the completion of the
flood basin project, which was delayed because of lack of funds.
Sh2 urged the City Council to let the Water District go ahead
without delay while the money was still available.
Bonnie Barksdale, 3437 Kenneth Drive, lived between Barron and
Matadero Creeks, right near the Bayshore Freeway. She appreciated
the invitation extended to her neighborhood by the City to attend
a field trip at which representatives of the Water District showed
the Planning Commission and interested citizens the extent and
placement of the proposed levee. She looked forward to the field
trip, partly because of the potential flooding danger to her home,
but mostly because she wanted to see a part of the wetlands unfam-
iliar to her. She visited and enjoyed the Baylands many times
with her family and as a science teacher with Palo Alto elementary
classes. On the field trip their group of about 20 persons walked
on the bike path as they were told about the proposed levee. Tho
freeway noise was so loud they had difficulty hearing the speakers
who iterally shouted. At the last meeting of the Planning Com-
missioa, a representative of the Audubon Society spoke and sug-
geste that the proposed nigher levee would be both a physical and
psychological barrier between the people on the freeway and the
wetlancs, which was a valid point. As one sped along the freeway,
it was pleasant to contemplate the nesting birds and a serene at-
mosphe e where nature was in better balance. However, looking at
the food basin from a bird's viewpoint, the higher levee might
provid; a beneficial physical and psychological barrier between
the freeway noise and the wetlands, thus actually enhancing the
environmental quality of the flood basin. Because of its location
near the freeway, the levee would have little, if any, negative
environmental effect, and would provide a physical and psycholog-
ical barrier between her home and the floodwaters. It was the
first phase of a carefully planned program to reduce flood danger
to Palo Alto citizens significantly, and she urged the Council to
set a policy to allow the Santa Clara Water District to begin con-
struction that year.
Charles Lombard, 1150 Fife Street, purchased some property in
South Palo Alto in the affected area. He was an engineer and a
flow dynamist, although hydrology was not his speciality. He con-
sidered the technical problem to be difficult as was stated by
other engineers. The spirit of the previous speaker was probably
the closest to his point of view. On a technical level, the issue
could not be solidly resolved. Something should be done for the
people in Barron Park, and his auto was flooded out on Middlefield
Road a couple of years earlier and he had to hike through water.
He did not want that to happen again. He described the issue of
quality of the Baylands as a tempest in a teacup since the levee
system was largely in place and would not materially be extc-ded,
while the part that would be ,extended was contiguous with human
structures already in place. He supported many environmental
movements, and was n frequent: visitor to the Baylands, which he
enjoyed. He requested that Council give serious- consideration to
completing the levee proje t; to err on the safe side from an en-
gineering point of view, and go forward with relieving the creeks
that flooded the 3arron Park area. -
Jean Keesey, 2945 Sandra Place, was the West Bayshore Residents
Association representative, and was on the Committee for nearly
10 years. During that time they met with various staff and Coun-
cilmembers, special interest groups, and neighborhood resident
groups. They aimed to .please most people and to do the least
damage, while completing -their objective for a holding tank - for
the untold gallons of water that came down the hillsides and : ran
into the Bay. Without the holding tank, her neighborhood would be
under water, as it was in the flood of 1955, and nearly had been
during several other wet years. They were tired, and decided on a
not too objectionable wall to complete the final phase around the
basin. The wall was a compromise, but with good landscaping was
acceptable to most committee members. Those 'plans were put on - the
4 2 8 2
2/27/84
slack vurrler, due to lads of funding at the time, and the slightly
revised plan was better. The objectionable wall was completely
removed and replaced with a dirt levee that gently sloped down to
the water's edge when there was water in the pond. It would be
more attractive and natural looking than the wall, and after a few
years when the area was carefully landscaped, most people would
not even realize that any part of the area was "man made." The
little dirt levee would not take away anyone's view, end people
could still walk, bike, or even drive over,. park the car, and walk
to the top of the levee and all around, take dogs, and do whatever
they wanted. When the holding tank was completed, the County
Waterworks assured everyone they would begin the necessary work on
the various canals so. the Barron Park and. other areas in the City
would not flood again. Apparently everyone agreed it was the
proper order in which to do the things, and the Vest Bayshore
Association agreed.
Terry Trumbull, 1011 Lincoln Avenue, was an environmental consul-
tant, and wrote a letter to the Council, which was on fi;e in the
City Clerk's office. He believed the City had limited amounts of
money with which to build flood control projects, ani the Water
District presented a ballot measure to get more money through
benefit assessment districts. With the limited amount of money
they had to lay out a priority schedule, the real dilemma was to
decide which project should be done first with the risk the other
one might not be completed. He maintained the upstream creeks had
to be done first. Looking at the one percent flood map, and com-
paring the number of homes, residents, and impact with the 1983
flood, which had a probability of four to ten times as much chance
of occurring, they could see the one percent flood did not impact
as many homes. There was more .impact in 1983, and that event was
more likely to occur. If the Council believed there was a chance
i t had limited resources, they must go with the project that would
protect the most people first. The Water District came to the
same conclusion in the 1982 election. He gave the Councilrembers
a copy of what the Water District circulated as a list of priority
projects, which put the Palo Alto flood basin eighth. An Adobe
Creek project was listed first; Barron Creek third; a i;atadero
Creek project fifth; a Barron Creek project sixth; and an Adobe
Creek project seventh. There were five projects related to the
upstream creeks given higher priority. With the one percent
flood, each had damages --high multiples of the flood basin were
more likely to occur than the one percent flood. On the previous
page, the Water District listed projects that would remain to be
constructed after 1991, and how it intended to expend the money to
sell people on the project as voters. The Palo Alto flood basin
was a lower priority project that would come after the end of the
10 year benefit assessment, and the voters might not be willing to
accept reinstitution of the assessment then. The Council had a
clear indication oin the map there was more impact based on not
having the ' upstream improvements, and as a lawyer, he believed
that would be where the liability focus would go if he were,: asked
about the kind of damages for which someone should be liable. The
Water District was obligated to protect the maximum number of
people, and if that strategy was adopted, there would not be the
liability problems referred to.
Robert Lewis, 3470 Kenneth Drive, said three floods washed over
their fawn and sloshed slightly into . the garage. He had been in
hurricanes in Florida and did not get so wet. The corner of his
house in Florida was bombed but had not hurt them. The City had
three- quarters of a dike almost finished. If it did not open up
water flow through the construction, it would always back up. He
had not; .heard it mentioned that at least in Missouri ;and Kansas
along the Missouri River, a lot of streams fed into the river dams
and retarded quick run-off. In Santo Clara County they had a lot
of sewage systems and road runoff systems that aggravated the
problem because they had no storage or delay in thedraining sys-
tem going down. He believed the City had three problems, not
one.
4,283
2/27/84
S
1
MOTION: Councilmember Cobb moved, seconded by kenzel , that the
item be continued for not more than 60 days to provide for the
following actions:
1. That the City hire an independent hydrology consulting engi-
neering firm to review the Water District's data, methodology
and conclusions with respect to the proposed project and to
report back to the Council with an evaluation thereof that
will include both the scope and scheduling of the proposed
project as i t relates to needed upstream improvements; and
2. That the City staff enter into discussions with the dater
District staff to the ead of determining near term actions
that might be undertaken to relieve the existing flooding
dangers upstream along Barron, Matadero and Adobe Creeks.
Further, to implement the first part of the motion, the City
Manager is authorized to select a consultant without further
approval or review by the Council and is hereby given a budget
authorization not to exceed $30,000 for that purpose.
Councilmember Cobb said he wanted to move ahead on the item that
evening, but did not feel everyone else had the same level of com-
fort with the situation before the Council, and some action had to
be taken to get to that level of comfort. If it did not exist,
they needed to find that out too. Before the Council were profes-
sional judgments of people who made their living at that kind of
work, with significant opposition from members of the community
who said the professionals were wrong. Council had to make a
timely decision because there were serious flooding dangers in
both the Barron Park and West Bayshore areas, and it was obliged
to the residents of the community to err on the side of public
safety and the protection of property of residents. It needed to
resolee the technical dispute to get a policy decision made and
get on with the resolution of the problems that were around for
too long. Bringing in an independent person to confirm the infor-
mation presented to the Council, which he anticipated would be the
result, would remove the cloud hanging over the District's head
and enable everyone to begin working together again; it would deal
with those questions raised by concerned members of the public;
and would put the Council in a position to make policy decisions
and not try to be the experts they were not. He was also a
registered professional engineer, but not a hydrologist, and did
not feel he had the : technical expertise necessary to say the in-
formation and methodology was right. His colleagues without the
benefit of engineering school would have to struggle even more.
They needed a basis for a decision and had to make the decision
soon, quickly enough to get on with the project while the money
was available and the District was willing to do something eo al-
leviate the flooding problems. In 1955, he remembered driving in
cars with water seeping under the doors. Mr. Graham gave him a
tour of the Barron Park flooding the previous year immediately
afeer the storm, and he was amazed by the level and degree of
damage the storm had caused. It was that kind of thing the Coun-
cil had to fix, and why the second element of his motion was in-
cluded. He made the motion without any expectation of proving the.
9l stri ct wrong, but wanted to get the issues behind then so they
could get some deci si our; . made. He hoped that while they made the
quick review to eli inate the clouds, they could keep their plan
in place and hold themselves ready to - move ahead in, a timely
fashion with some improvements to those poteetial ly \danger°ous.
areas that year.
Councilmember Witherspoon felt similarly to Councilmember Cobb.
She eeallzed there were two, or perhaps three, major projects
which faced the Council, the flood basin and improving the cap-
acity of the upstream channels. The Council had to take a hard
look at how fast the City could get its own storms sewer water out
of the Louis Road area, and it had to awake sure, before doing any-
thing that it had the capacity going under the ilayshore to get the
water out. She believed 60 to 90 days would be time well taken.
4 2- 8,4
2/27/84
They were talking about 1 million worth of work, and as Mr.
Trumbull eeinted out, that money was hard to come by. The Commis-
sion properly put the policy decision in tho Council's lap, and
succinctly asked if the increased storage capacity of the flood
basin was necessary, and whether the project had to be tied to up-
stream improvements to widen the culverts, etc. Her instinct
would be to urge the Flood Control District to go immediately for
those projects that would have the most impact. She estimated
that would be along the three creeks that flooded statistically
more often than the one percent occurrence and the Louis Road
area,: Their experience told them the Louis Road area flooded more
thar once a century, which she suspected was due to the City's own
storm sewer capacity and the pumping stations. She supported the
motion, and looked forward to the discussion, early in the summer,
when the City's expert came back with an opinion.
Councilmember Bechtel said her •colleagues had stated. the matter
well. There was ho question the safety of the residents and their
homes in Palo Alto; was paramount. At the same time, they needed
to balance the i;':pacts and costs of the types of improvements
proposed and whether they were needed, which was the reason for
going ahead with the study. if it came down to where they abso-
lutely needed to protect residents' homes, that would be the - way
to go. However, if they found the capacity of the flood basin was
sufficient and the real problem was due to some of the narrow con-
strictions of the three creeks, she believed the choice could be
different. She supported Councilmember Cobb's motion.
Vice Mayor Levy also supported the motion because he was uncom-
fortable with all of the data he heard. While he was not an engi-
neer, he believed it was the Council's responsibility to have the
data presented in a way it could be understood before they went
ahead. He hoped there would be conversations between the City
staff and the Water District, and the consultant and Water Dis-
trict could communicate more clearly to the Council, with the pos-
sibility of moving ahead and being comfortable with the data
received.
Councilmember Renzel said she was not an hydrologist, but she did
a lot of research and asked a lot of questions of the District and
staff. She was concerned about the flooding that occurred in the
residential areas of Greer Park and Barron Park. Much of what
occurred in the Greer Park neighborhood was not an overtopping of
the creeks, but a i ocal drainage problem. The City pumped the
drainage out of the oeighborhood, but could only pump at a certain
rate. Pumps could be designed for the 100 year event, but it was
statistically improbable that would occur; so they were d`esi greed
for, _:at least a 20 year event so it did net cause house flooding,
although it might cause street ponding, etc. That would continue
unless the City geared up and put in storm drains and pumps sized
for the one percent event, which would be extremely costly. They
had to distinguish between local drainage problems and the real
run-off problem, and had to recognize the one percent event, which
painted half the town blue, was a statistic and the statistic was
as good as the data that went into it and the fit of the formula.
She looked into the data, and did not believe it was reliable.
From the pictures of the fit, there was clearly a .possibility ft
was not a good fit on the regression analysis to come up with the
one percent event. If one percent was overestimatedby a signifi-
cant amount, it would first . .'Cost the City a lot of dollars to do
unnecessary projects while other more pressing projects, such as
where bridges were down into channels and there were inadequate
box culverts, were put aside. If the Council spent money to pre-
pare for an -overblown, hypothetical event, it was not spending
money on real flooding problems as it should be. The statistics
placed large segments of Palo. Alto into a flood plain, meaning
that whenever those: properties changed hands, flood insurance had
to be purchased, perhaps unneces drily. That was a heavy cost
that would be borne on a regular basis until projects all the way
4 -.2 ` 8.5 _.
2/21/84
pup the line were completed: It might prematurely destroy marsh-
land. With the storm characteristics required for the hydrograpli
that produced the one percent storm, 5.4 inches of rain would have
to run off the entire watershed. Greer Park would have to have
5.4 inches of water in 24 hours to run off the neighborhood, and
it would not matter whether those projects were there. That
statistical event would be a heavy rainfall in a short period of
time. Many of the commercial buildings along the West and East
6ayshore were built to the seven foot elevation already, and were
not subject to damage from the statistical event. For those
reasons, she supported an independent hydrological _ view because
from her limited view of the material, she believed there were
many extra factors and probabilities thrown in that made the
statistical event much bigger and submerged the necessity to do
real flooding corrections.
Councilmember Sutorius believed there was strong possibility that
the consultancy step could set up an adversary confrontation with
the District, and he hoped it could be avoided in the process. If
Council proceeded as it appeared it might, the $30,000 expenditure
might provide data to save some, or all of the construction impact
and dollars associated with the proposed project. To whatever
degree it saved any impact and dollars, it would ultimately save
the District many more dollars because the only way it would have
occurred was if the Council learned something useful to the whole
projection and estimating process. If the formula and methodology
were improved, it would be of considerable value to the District
on an ongoing basis. During the course of the discussions that
evening, he decided to srpport the motion before the Council par-
tially because he paid close attention during the PC proceedings
and interim discussions, to the informed opinions and participa-
tion of Mr. Graham. He considered Mr. Graham to be en informed,
attentive, and supportive person in terms of the Water District.
Councilmember Cobb seconded Councilmember Sutorius' comments
regarding Mr. Graham's input and activities. He corrected Cuun-
cilmember Witherspoon's comments concerning the 60 to 90 day
period, and believed it was clear it was to be accomplished within
60 days. The purpose of that was to try to keep some kind of
solution on schedule. One concern he had was that some Council -
members might be prepared to go ahead with the proposal before
them while others might be more inclined to do the upstream
improvements. In either case, he was concerned that since they
all tended to go on instinct rather than understanding, they have
some confirmation. He was concerned about going upstream before
solving the downstream problems because he did not want to create
a bad situation for the people living downstream. He was con-
cerned that might be the case, and that was one thing an expert
could tell them. If the experts disagreed, the Council would have
to bite the bullet and make a decision. He was prepared to do
that, but hoped the experts could bring enough convergence of in-
formation so they could bite that bullet collectively rather than
with an enormous dispute and be split as to how to go about it.
The City Manager suggested the Council be more specific in terms
of what they wanted the consultant to do. He believed the con-
sultant should look at the data. If they agreed, they should move
on to evaluate the methodology and calculations. If they agreed,
they could move on to say whether that was the right way to
sequence the programs. If they agreed, they could return to the
Council and report accordingly. If, at any point in the chain the
consultants disagreed, and could not work out the differences with
the Water D1 strict, it would have to return quickly with -hat
information. Hopefully the consultant report would be accompanied
by some ki nu of proposal
Mayor - Klein added that when the Council said it wanted the con-
sultant to , do some checking of the data, the emphasis was on the
word *some.* They did not expect the consultant to repeat all the
work , only to employ a sampling technique.
Councilmember Cobb said he went through -that kind of thing many
tunes when he actively worked as an engineer. If one had an anal-
ysis, it was reasonable in his field, which was not hydrology, to
go in and look at the work that was done, make the kinds of checks
engineers did to ensure the data was sound and the method was set•
up correctly, and that they were carrying out the calculations
correctly. Based on that, he could make -an informed judgment as
to the conclusions to come out -of the results, and that was not
hard to do for a good, solid professional.
MOTION PASSED unanimously, 8-0, Woolley absent.
ADJOURNMENT
Council adjourned at 12:20 a.m.
ATTEST:
„air
APPROVED: