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Home My WebLink About1979-07-24 City Council Summary MinutesAdjourned meeting of September 17, 1979 September 24, 1979 lTEK Palo Alto Regional Suter Quality Control Plant site and design review of Solar Greenhouse application of world resources (Q(P :417; 9) Councilmember Brenner Re: Air Rights PAGE 1 7 1 172 Fence Improvements in Byxbee Park site and design review4t city golf course. 1 7 4 Request of Councilmember Fletcher Re: Palo Alto Airport Request of Mayor Henderson Re: Noise Control Program Couecilmember EForly Re: Reproduction Services Counciimember Renzei Re: San Jose Sewage Treatment Plant Cauncilaember Eyer1F Re: Northern California Power, Association meeting Vice Mayor Sher Re: September 26 staff memo Reimbursement for County Services Oral Communications Rxecutive Session Re: Personnel Adjournment 17 S 1 7 5 1 7 6 '1 7 6 1 7 77 1'7 7 177 1 9 S 178 1 Adjourned nesting of September 17, 1979 September 24, 1979 The City Council of the City of Palo Alto set on this date in the Cotmcilchamber at 250 Hamilton, at 9.50 p.m., Mayor Henderson presiding. PRESENT: Brenner, Eyeriy, F..xzino, Henderson, Levy, Renze1, Sher BERT: Fletclr, Witherspoon Mayor Henderson announced that an executive session would take place after the meeting. CONTROL ,SSE AP Q �.I ' I4:* (0: 417' :9 Vice Mayor Sher said he had removed the natter from the Consent Calendar before Council last week regarding the solar greenhouse proposed to be built by orld Resources for facilitation of recovery of precious metals fare sewage sludge, because staff recommended that the ordinance be passed as an emergency measure, so that the sludge could be moved to its proposed greenhouse drying location before winter rains begat. Vice Mayor Sher said he agreed that the building should tska place before there was increased danger of materials leaching into the ground. He said he had rived it to underline that he thought the project was questionable, though Council had voted for it. Re listed his reasons for being aglOnnt the project: the proposed largos building had not been a part of the original proposals both staff and Planning Commission acknowledged that there would be negative visual impacts faro. layshore Freeway, with the builder to remain in place about four years. Vice Mayor Sher recalled the exchange between himself and World Resources some months hack, in which, when he asked World Resources if they would agree to processing the sludge faster as they bad said they could, World Resources did not agree and did not conmit themselves to tertsin swifftd s, and, Vice Mayor Seer said, they have not done so to data. He would not oppose the application for site and design ig review, however, Ya s� s Council had the ire, though he had voted against it himself. Cougualsseaber Brenner said She agreed with Vice Mayor Sher yet she would vote for the project in the interests of having the drying pile covered. Comcilnomber Reel said ache agreed with the two prs`ced . sp a haere 1RMIIMh VouratibleaboT lyerly tire order, and, seconded by Tessin°, moved its adoption by Council: ORDINANCE 3160 entitled l'ORDINANCE OF T3 COUNCIL OF IRK CITY OF PALO /ALTO Ammovm AtICIPTING A PLAN Kt T .E CO T TIOR OF AMUR CRUMMOUSE IN' Pik." The motion on a unanimous vote, Councilmembers Fletcher and Witherepoon absent. MUTION: Counclisesthor Eyerly wed, seconded by Pasuf no, that COuncil adopt the Planning Commission recommendation to spproe7e tba Site and Dew review for a greener located at the Palo Alto Regional Quality Control Plant. Ths notion passed eat the fall votes; l!RRx *yerly, Passim. 18aadenrse , Ls,* 17� DOES: Brenner, Renzel, Sher ABSENT: Fletcher, Witherspoon Mayor Henderson asked that, :since Councilmember Feszino had to leave soon, the matter concerning air rights over parktug lots, be brought forward. MOTION: Mayor Renderaoa wowed, seconded by Brenner, that the new business item concerning air ,rights over parking Iota be brought forward. The motion passed on a unanimous vote, Councilor a bers Fletcher and Witherspoon absent. Councilmember Brenner referred to the Citg's Comprehensive Plan, page 2, program 11 under Policy 6: "Feci1itate develoement of residential units on air rights over public and private parking lots in oommarci.atl and industrial districts." Counci member Brenner said the proposed that a Policy and Procedures Committee -meeting be held en the topic of air rights over City parking lots, and that it be dssienated a field trip for the purpose of gathering ieformstion end developing ideas, and not to be for decision waking. She aaid that e number of Councilmembere had received telephone calla asking for a meeting with the developer to bear his ideas pn such a development in the downtown area, particularly that area near the Circle, and that entire block. She thought this Council and the public could initiate discussion within the fro rock of a Policy and Procedures Committee meeting; the would like to see geed ideas developed throe. h public exposure and disco-aion---with that framework as few or as many Councilmtbers who wished could attend, yet five vcuid not be required. to hake a quorum in that "...lees formal area." MOTION: Councilleiber Brenner moved, seconded by Rensel, that a meeting of the Policy -*tad - Procedures Committee be he:d on the subject of tit rights over City parking lots, and that it he designated s field trip for the purpose of gathering ' inforseation and developing idea*. Councilmeeber Brenner said she would like to have Ceat meeting take - place October 2 or 3, ugh she did not want bar wish to remove options fee the committee chairman. Councilmember FazeinojCbairsan of the Policy and Procedures Comm tteeo s aid that within the base of democratic government Nr. tinny, the developer, could speak to any Councilmembers, hat, Councilmenber Pasxino said, he did not feel constrained to hold a meeting when a salaams so requested. Mai would be glaa to heat 11r. y's ceaeoets at the scheduled ee9ting. e asked if Ca r *renew thought lir. ms's specific proposal should - be aspirated from the gerszsl issue , of air rights. Coencilmenber UMW sat she tit both . issues should be eieFunsedat the progressed toset%E she tit the i bj. t was of fLterest to a great am by people. She said she understood that Downtown Palo Alto also led Ideas about the t t . Councilas r Fusin said that he could propose that a Polk sad Procedure* Committee meeting be bold at noom im October 2. Check nowt 4242 Saavatia Court* said be thought the suggested tine and dote weld he, Rase. Ns esti be bed comtaated every ; be z .. bed bees awhile; with the staff for amt six sue. ht that a the ' lunch' meeting email $eelp t gi. a directima to his idea of damowetratiag only one idea for air development for the Mina block -there ;fie many Ideas, be kw*. Ma said he bad lived few Peb. Alt for eight years, . d at that time &vetoes Palo Atte "...a a .like a sham tom." sod pettrape it was rim from the development of Stestvisilnloppiag Canter. ea the Improwed ors of lissom asid 4114040‘1,10. -of dagettown "Me Jet 1001014• ire 101044.4 1,1440661 be 'a tamed sektevies ems , modboosisit elislica stop &sad baat be tt in the s na. Ns 044 Ida offer l.7 2 9/24/71 building was in the Circle area --it could provide a place for a brief stop and refreshments. Vice Mayor Sher said there had been an interest for some time in the potential of air rights; he liked that Mr. Kinney's suggestion had brought -the idea that had been in the Comprehensive Plan to the fore. He favored referring the question to the Policy and Procedures Committee, and the idea of a field trip; in that way contact between Counci1a►eMbers and citizens would be sustained. He would vote for the motion. Council ben: Paszire said he would suggest that the Committee hold a ,discussion on the topic of air rights at one of the regular meetings of the Committee. - Couneilmeeber what date the Councila b+r date. Memel said she was supportive of the motion and ahe asked field trip might take place. Pazeina said that October 2 was presently the scheduled Counci1we ber Levy said that he agreed with Vice Mayor Sher'a comments. He thought, hearer, that the proposal did not go far enough for such a critically important matter. Counctlmember Levy suggested that the notion say instead "...to refer to the Policy and Procedures Committee the subject of air rights over City parking lots, and that at least one field trip be held for the purpose of gathering information and developing ide;aas.16 Counct.lmember Levy said he did not want citizens to infer that Council wes reseondtng tc one idea only, or that the topic of air rights would be discussed at one ; eetitg only. ^..; neii err litenner sate sne Accepted that interpretation —she would incorporate that kntent into her motion. Corrected Mayor Henderson said he liked the idea of having special meetings in see page 245 response to requests from community members. Me thought Council should 11/5/79 be open to all requests. At first it bad seemed to be a asserting to be held at the request of one developer, but statements following had read that tome of exclusivity. Re ascertained that the October 2 date was the reveler Jting date for the Committee, , and that when Mr. Kam, wisb. d to meet singly with Councilmenbers he could purer those meet . MOTIONPASSM Yore motion passed on a unanimous vote, moils erir Fletcher and Witherspoon sbeent eteeeeeali e-repesriy Cads tie Waled like to hove staff comment en the *a t r . of aim :rights Over -City paw Iota; be thotght Cowell should AO direct etaftviso that elf .L saw -tap mad P .m:to:Urea Committee sieetlias with s report on its thoughts, particularly on the e ica of they idea. IOU ri p A c r—tlt - DLTr:tba: Of --P -andConauulty:Etvironment, said that hi Jaeuery of 1975 staff, in response to a Cowmen assignment, ham 4e . a on parking lot air rights; several s 1us f ' t studyimare still valid - today, amd he would have copies put in Councilmesbere packets this week. Nothing ae0w prevented a, developer f Witting a p /a; staff could revi r 41sY and all praposals on their smrite. if._Ci1 wished to become Involved i :-thsa setter of air rights ' rem prOperty ednimistrator vouldestablish bid procedu re-eit would be like selling other City pr sty. • C.e erityerly 'aid he Would -Ilk* to kamwebet.elf riliWts ii►+Ct+R=- y and 011itr 004411bisef"fd f von es aelesesemt dieteicte thie`. . niece -If o =,ire developer esme inwit's prof t not be a to -%e j d tae 1'73 0,24 ■ 11 Corrected eee page 11/5/79 1 • Corrected see page 1115179 Mr. 'Schreiber amplified that as with other City property appraisals would be made to determine the value of air rights at specific sites. Councilaember Eyerly asked that Jean Diaz explain, within the proposed staff report, what the process would be to arrive at fair market value since there were no precedents for air rights in Palo Alto. Vice Miayor Sher said he understood that the general subject of air rights had been referred to the Committee; a specific proposal had not been made and the Committee would not be snaking reconmendations to Council on a specific proposal --he asked for and received confirmation that his understanding was correct. Mayor Henderson said that there were some indications that the proposal vines specific, with the discussion on it to be very informal. LT `, a4 y gawlinefialmagina Councilmember Hensel said she had removed the item because she recalled 245 that there had been intent to place the fence for the driving range ae far from Embarcadero Road as possible; instead the fence -Was on the side of the try nearest to the road. How had that happened? Sha said she meted to know the cost of the fence now proposed for the other side of the driving range. Scott Catlett, Director of Recreation, said an estimated coat was $13,000. Kr, Schreiber said that the necessity for the fence for the other side of the driving range grew out of use of the front part of the tee -off area by heavy hitters who drove balls so far they threatened safety of other golfers; he shoved the area on a leap projected on the Councilchamber va 1. Councilmenber Reneei emeeeeeeed come of the cs%io iuu�s ire �ze1FfB tr at na not been planned for the golf' course; there had been many settbackc for the golf course, which, she said, had traditionally been a big profit maker. 1.e would like to have a more complete picture of the golf 245 course financial situation. She thou ht a �,.. w;ti._. ..dget ameadsaent would loam before Cecil for the coat of the fence,, and there hid been several _other b> get tents. Et. Abrams said that the area to be fenced for safety was public property and fencing wed forestall a dangerous .situa►tiou. Councfl>aameber gyerly wondered if the area behind the present tee at ea - d be used to preclude the necessity for another fence. r. Catlett said that it via a passibility-r-oe large redwood tree would take sap roam for tree a r_.four driving tee Vices; he didn't know how- -maaPla tsould _ fns 1. -,.> * _ t,.tr" ``:.:.t � �, amellwr fenced area- -wight serve if the tete Could 1 o -.t _-- • Valaor'' per Ursine len the stA10110 p m. and did not rettra. A discussion ensued ae to poisible relocation of the teeing area. Mali am: COuncilmember I7eriy moved. seconded b7 Ismael. that Council coaticoatinne discussion of the application for approval of site end design review for installing a benriamcs at the golf course until there: vas fir information from staff. Councileember lauxel said she old like to have additional landscaping is conjunction with the pry fence to alleviate its visual impact. it mms concluded that staff would return to Cecil with further information regarding 'ae concerns within stet four weeks, though eltj-liability usuld be unaltered during the tine of salting, Kr. Abrams said it would be the City's contention that it was doing all that was reasonable about what "...at this time we will not concede is a dangerous condition. MOTION PASSED: The motion that the matter be continued for about a month while staff gathered more information relating to an additional fence passed on a unanimous vote, Councilaeabers Farina Fletcher and Witherspoon absent. • • MOTION: Mayor Henderson moved, seconded by Sher, that the matter concerning the Palo Alto Airport be continued to the Council meeting of October 1. Mayor Henderson said he thought that in view of Councliasember Fletcher's absence it would be best to continue the matter. William fir, City Hawser, sand that Council fibers bad in their packets a written report telling of .a series of actions taken by the City Ord of Supervisors in connection with the airport at the Board meeting that morning: 1) adopted d a notion, in vhich the Board put itself on record against con#trjctioa of a second runway at Palo Alto Airport, instructing staff to negotiate an amended lease with a condition that the City would bold the County harmless in the event of any state or federal financial clams for reimbursement of previously avarded airport improvement funds; 2) adopted a motion rejecting bids on the airport tiedown and taxiway project; 3) adopted a motion reque atiug congressional delegation assistance in obtaining general aviation training flight use of Moffett Field; 4) adopted, by resolution, the grant agreement under vhich the county well receive $476,000 for taxiway and tiedown improve eats at the fslo Alto Airport; end 5) directed staff to redesign the project to fit the .available bezdget and to work with the City to coax up with a mutually acceptable project. City staff, the memo said, will arrange ,a meeting in the very near future with ?fir. Craehner end Mr. Hunter to establish a process whereby the lease will be reeegotiated and the redesigned project will be reviewed. Those coffin took place on the morming of September 24, 1979. L lIOH PASSED: The motion to continue the setter of discussion of the airport until October 1 passed on a usanimoms voice vote, Councilmeabers Passim, Fletcher and Witherspoon amt. 1 tifltl : Vic* Meyer Sher moved: by Re ze1, that Council request the Mem to writ* a meter to the board of Supervisor* and especially Supervisor Sorg, for the board's ectiou in regard to the secood runway, which shows sensitivity to Palo Alto's concerns mat the airport. and ttt polley opposing the second ro ray. Also, advise the Beard that PeloAlto. elf_ail stns a oe etoot persihtn _-- negotiate ePereprlitte amts to tbe lease and proposed redesigu regardies tt. The notion passed on a unanimous voice Vote, Gooier lei Mayor Reedersos read as nolo be bad weitte : to Counoijrs giving the background to noise control beginning in,August. t, 1971, web led to on addition to the Municipal Code: Chapter 9.10, regarding noise. Ha said he thought the noises orb to should be reviewed, specifically F. relate* * to powered devices for which no noise redoltioft equipment t bad balsa obtainable Mee 1971, especially motorcycles. Re noted that noire Urals is Industrial Pat. were offeaiye to nearby residents, and be said that it 'should mot repair, mss of soesurenent to determine that aM berkimg tog is ding to rs.* Itia MOW eAked that Coeselluembere sapPort a Waal araatileSstsif to miaow seeavpriote noise *actions eif the P*10 Alt Ileaticipat Code akIld current Novel* of enforces/en of + he 175 s E 1.i MOTION: Mayor Henderson moved, seconded by Renzel, that Council direct staff to review appropriate "noise" section of the Palo Alto Municipal Cods and current levels of enforcement of the regulations. The motion palmed on a unanimous vote, Couucilmember3 ?azzino, Pletcher and Witherspoon absent. Sffi S Couieiltaseember Eyerly said he had a copy of a letter. from Purchasing, Mike Rielly, written to the Utilities Department, inquiring whether or not Northern California Power Association (1N'CPA) could use the City's Reproduction services for some publications to be published soon by NCPA. Councilmember Eyerly said he thought Council could set some policy on the iaatter, if it wished. MOTION: Councilmaarber Eyerly moved, seconded by Nerdeewon, that staff provide Connell with information and suggestions *a to priorities of printing relating to the City, orgenizations the City be1octge to, and non-profit orgsaieatioi of the City, to include also minimum percentage ,of profit to the City (1.e., cost, plus 20 percent) and information on union acceptance. CounciImember Eyerly said that he raised the setter since Reproduction SServices bad volunteered to try to generate additional revenue for the City. Counci1ie bsr Renzel said she was glad to inquire into the natter but vented the City's needs put first. Councilmelber Levy said he was reluctant to favor anything which put the City into ct petition vial private conc.ernnR. tin thought that appropriateness for where the City to offer the Service should be studied, as well as what price.* akte1$ hs. rlqmr:p#4 _ Vice Mayor Sher said he too was concerned abut having, the City compete with private services; elicit in the motion, be thought, toes the suggestion: of excesa capacity. per pa It lorould bo b4at to get rid of the MOWS eaPacity and save the coast —fie thought the subject of printing for other : -#rofit orgeolsetioes of the City end the like for s udy wee appropriate, but he diet not went the study to imply commitment. Cooncilmeseber lsyerly said his motion intended that a staff report be ,ands on what staff tit meet advantageous. When the report retuned to mil Council could take it apart or accept the recommendations. There would be ample opportunity for Council to set poles them. MOTION POSED. The 'motion passed an asulenimoos rote, Council fa ssims, Pletcher and Withers absent. Councilmenber Rowel said that everyone had read about Sia Jose's savage treatment plant e e discharge of poisonous wastes, owing to anomerload of cemer7 wastes. l lC ; COuncilmember Wave moved, seconded by Shari tbat Coil expressieg our kern about the unfortunate discharge of poison waste into the South Say from gala Joee'as Sewage Treatment Pet, end urge that date ste ps be tabu to correct the problems that have resulted from ove!.rloading the San Joss Treatmemt Plant. Mayor Seederson pointed outstbe that local a s i weree now Imo/veld trying i o t southbay pollutioa. 141' 1s t 1 i V Councilmember Renzel observed that if private industry had done what San Jose had "...there would have been a lot more noise about lt." She deplored the carelessness: Mayor Henderson said the situation was difficult for him "...because I .feel like I'm kicking someone whose totally down." Vice Mayor Sher acid be agreed with Barbara Eastaan of the Water Quality Control Board about how tragic the pollution was, but in vier of Palo Alto's relationship with San Jose he was reluctant to send the letter. He would abstain on the aotion•unlcas it were reworded. Couacilmember Eyerly said he was unclear about how the pollution had taken place. Whatever the cause he didn't like it, but he would be more inclined to support sending a letter expressing Palo Alto's concern and asking for their staff report telling why it happened. Councilmember Renzel said she was amenable to toning down her proposed reprimand, and writing a letter along the lines suggested by Councilmeeber Eyerly. A discussion ensued about the possibility of seasonal recurrence ---a ceaseeandedesist order by the Water Quality Control Board brought with it the threat of daily fines. Mayor Henderson said that now the South Bay Dischargers Association weld be under tremendous pressure to build a pipeline; Palo Alto's reoistance to the building f the pipeline would be in question if it took a punishing stance, Councilmember Renzel said that not only the flow out of the San Jose plant but also the flow into the plant would have to be caasideredeethe seasonal flow into the sewage plant by canneries would have to be modified. Mayor «endereon said that that had been discussedeeeeoreous storage �rfsf�s_r�_wittiid It& mid.d. MOTION PASSED: The motion, modified to have the letter to San .lose from the Mayor state that Palo Alto offers condo mace on the u nfortun to dic+charee of poisonous waste into the Scuth Bay from San Jose's Sewage Treatment Plant, and requeatiag San Jose's staff report* on the subject for Palo Alto's information, passed on a unanieous vote, Counc4 rs Fess/no, Fletcher and Witherspoon absent. Coiier Eyerly said he wanted to call ors' attention to the annual. PCFA meeting on - October17 and 18. He imaged their attendance eo that they could gain information on long range energy goals. , •�r valve_ _ 26 fib Mayor Shot' said that the staff art noted that there sea mo gaaeral County icy ` to provide reimbursement. The City had known that, be thOught,_ _ tae _ it related to- the City's _animal control program. _.. COumcil had, haireiier, =vaatid to kno0 About *pacific caaee in which the ootiotre irraaPectiva Of its policy, use reimbursing certain cities for servicee being duplicated by tosi cities for parallel services available from the qty, but provUed by ,the citLea—conmunicationa for Suonyvale and Santa Clara vas an example. _ e asked staff to gig Counci.lasmbere a ga t to the September 26 report. Loa1. Sitverthormo, 3339 Hammetb Dries„ asked if it men true that federal gomarmemuttoward gamma smiettas *txpert isgprovissears,mod.' by September 31,, be Int. Co *greed to oddiaz to thei of Oedemas, ate. widening the taxiway? Mayor Henderson said thc swer was "yes and no". The money had not been lost --".,.the county apparently is taking its action to accept the money; the City has made no further agreement at this point,,." The County would return to the City for City Approval of proposed work. Mr. Silverthorn ascertained their, that the money had not been lost. He asked that the City show the same concern for safety for the airport users as had been done for golfers, for safety was the main issue. EXECUTIVE SESSION RE PERSONNEL Mayor Henderson declared the public portion of the Council meeting closed, saying Council would meet in executive session on personnel matters. Council moved to executive session at 11:12 p.m. ADJOURNMENT The adjourned meeting of Septe rb?r 170 adjourned at 12:00 midnight. AFFIRM: APPROVE: t1ty C1r0 —a4arieJne—ii4it6esetteesa=e3:---- Mayor I 7 8 9/24/79