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HomeMy WebLinkAbout1979-08-20 City Council Summary Minutesi CITY couricii Minutes Regular Meeting August 20, 1979 ITEM Oral Communications 1. Andrea Black, 3353 Alma Street 2. Annaloy Rickum, 251 Webster 3. Stewart Burns, 3680 Bryant Street Consent Calendar - Action items Naming of Three New Streets Ordinance Updating Inspectional Services - Administrative Responsibilities Parking Permits for Emergency .Repair Work Flood Hazard Regulations Refuse Fund Budget Amendment Project Mobility TDA Article 4,5 Funding: Budget Amendment Assessment Rates for Parking Districts,.--. E Bonds Tax Rate for Voter Approved General Obligation Bond Retirement Standby Emergency City Council Advanced Wastewater Treatment Facilities Change Order Housing - William Liner Audit of Accounts and Records San Antonio Road Overpass - Maintenance Agreement Policy and Procedures Committee Recommends re Animal Control/ Animal Shelter Policy mei Procedures Committee ends Re Present. Taxicab Service Request of C ci1bers Renzel and Levy re Bump Closure Plan Recess Request of Councilmember Witherspoon re R-2 Zoning Request of Mayor Henderson re Resolution Congratulating Palo Alto American Legion Post 375 for Winning State Baseball Championship Mayor Henderson re Amended Ordinance for Special Election on November 6; 1979 Counc i f member F'a ui no re Lockheed F i r'e Vice Ma or.$he, regarding Quarry Property Cancellation o4f Meetings of August 27 and September 4 Oral Communications Adjournment to Executive Session CITY OF PALO ALTO PAGE 103 103 103 103 103 1 0 4 104 104 104 105 105 105 1 0 5 105 106 106 106 106 106 1 0 8_. 109 1 13 117 117 118 118 119 119 1 9 119 I0.2 8/20/19. Regular Meeting August 20, 1979 The City Council of the City of Palo Alto met in the Councilchamber at 7:40 p.m., Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Renzel, Sher, Witherspoon ABSENT: Levy Mayor Henderson said a rather lengthy executive session would take place at the end of the evening. 9 COMMU il, P 1. Andrea Black, 3353 Alma Street, spoke as a member of the Palo Alto community, and asked that Council have drawn up a resolution stating that the Diablo Canyon Nuclear Plant should be denied - an operating license. She said PG&E had completed contruction of the power plant. it was located 200 miles south of Palo Alto in San Luis Obispo County. She said the Nuclear Regulatory Commission (NRC) licensing process had begun in 1967, for the plant to store nuclear fuel. Sine 1973, she said scientists and concerned citizens had appealed that the NRC license not be granted. (Souse of her talk was inaudible.) She said that the NRC had announced a moratorium on all nuclear licences for three months, which period ended that days, August 20. She repeated her request that Council adopt a resolution opposing the plant. 2. Annaloy Nickum, 251 Webster. cited danger of earthquake as one reason for not licensing Diablo Canyon Nuclear plant. (Sorge of her talk was inaudible.) One scientist had stressed the inadequacy of earthquake studies, and so far he had not been heeded. Two geologists had detected a major fault two and one-half miles from the coast of Diablo Canyon, and it paralleled the San Andreas fault in magnitude, and posed vulnerability to quake in excess of the San Andreas fault. Appeals to hait construction of the play+t for further study of the fault had been denied. She said disposal of radioactive wastes had still not yet been satisfactorily worked out, aad it was estimated the plant would create 74 tons of such waste annually. She spoke of the dangers of low-level radioactivity to hens. 3. Stewart Burns, 3680 Bryant Street repeated the request for ,; Council to draw up a resolution urging the Nuclear Regulatory Coweiission to deny an Operdt1ny license to Diablo Canyon. San Francisco area a_i n a -. flti es hat; . sol Marin �.U�ari�.r�� rEau �a��� such resolutions. (Much of his talk was inaudible.) Palo Alto was vulnerably situated should there be a nuclear aeeident at Diablo Canyon. Also, Pc00 Alto would face the problem s of whether or not to buy nuclear -generated electricity from PG&E. If the City adopted a resolution now the decision in a few years hence would be made easier, he said. Councilnaearber Witherspoon asked that the Policy and Procedures Cornittee recommendations concerning Animal Control Services be removed from the Consent Calendar. 103 i3/20/79 Councilmember Fletcher asked that the Policy and Procedures Committee recommendations concerning the taxicab ordinance be removed from the Consent Calendar. Vice Mayor Sher clarified that in paragraph H, page 3, on the matter relating to the City Manager's housing contract, that the word "=...nay refinance (his real estate loan with the City)" should read instead, "...mast refinance. . . Mayor Henderson suggested that recommendations from the Finance and Public Works Committee and Policy and Procedures Comittee not be placed on the Consent Calendar but be placed on the general agenda; if he did not hear any objections from Councilmembers he would assume that staff would agendize committee items under Reports of Committees and Cormissions.. in the future. The following items remained on the Consent Calendar: Referral Items None Action Items SING OF THREI: NE's STREETS (CMR:392:9) cs�a .ter Staff recommends that Council approve the names of Cesano Court, Cypress Lane and Driscoll Court, which have been checked by Fire and Com unications departments. uFuT N,,C I SPECTIO lA SEz'.'I , alluluz.Bauutfaivirlaz_IES ORDINANCE 3149 entitled ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 2.08.300 OF THE PALO ALTO MUNICIPAL CODE TO UPDATE CERTAIN ADMINISTRATIVE RESPONSIBILITIES IN THE DIVISION OF INSPECTIONAL SERVICE. (First reading 8/6/79) Staff recomFends that Council approve the draft ordinance and incorporate $120 annual fee into the Muruicipal Fee Schedule effective fuagust, 7, 1979, ORDINANCE 3150 entitled ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SUBSECTION (e) TO SEP_T!O 1A40.P1* OF THE PAL n_a¢ TC MUNICIF" _ cam .:.��s..v.. +...-.r.�rTv v. fba4. fV Y-it:V 1•IVlldVlr . tslTf.i� TO 7= .. IZE PARKING -PERMITS BE ISSUE�i_FOR r.r r r.v �� .v TO Mi ISSUED Li! 1 \/IE EMERGENCY REPAIR WORK. (First reading 8/6/79) r n aae►R� � � T?Eil tS ( 1:374:9) The City Attorney notifies Council that the effective date of "The Flood Insurance Study for the City of Palo Alto," map is August 15, 1979, not July 2: 1979. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 16 OF THE PALO ALTO MUNICIPAL CODE BY ADDING CHAPTER 16,52 THERETO, REPEALING SECTION 16.04.185 AND AMENDING CHAPTER 21.20 OF THE PALO ALTO MUNICIPAL CODE BY ADDING SECTION 2120.310 THERETO, REGARDING FLOOD HAZARD RELATIONS (First reading) 1 04 .8/20/79 BgEMILEVND BIJQGET Ammurgu (CMR:387:9) Staff recommends that Council approve the budget amendment ordinance increasing the refuse operating budget $151,910 for implementation of the State Solid Waste Management Board's grant S8-272-400LG, and equally increase the estimated revenues. ORDINANCE 3151 entitled ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TIE BUDGET FOR THE FISCAL YEAR 1979-80 TO PROVIDE FUNDS FOR THE CITY-WIDE EXPANSION OF THE REFUSE JTILITY"S HOME, COLLECTION PROGRAM. Staff rec which will 2) reduce 3) return DA ARTICLE :391:9) ormends that Council approve the budget amendment ordinance 1) increase Project Mobility program revenues by $40,000; the City's participation in the program by $19,400; and $19,400 to the reserve for capital projects. ORDINANCE 3152 entitled ORDINANCE OF THE COUNCIL UP -THE CITY-dF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1979-80 TO PROVIDE FOR ADDITIONAL FUNDS FOR PROJECT MOBILITY AND TO MAINTAIN PROJECT MOBILITY AT ITS PRESENT SERVICE LEVEL. Staff states that the City's bond counsel thinks that the Jarvis -Gann Initiative does not affect the City's right to levy such assessments. ORDINANCE 3154 entitled ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO FIXING AN ASSESSMENT FOR FISCAL YEAR 1979-1980 FOR THE CALIFORNIA AVENUE DISTRICT OFFSTREET PARKING PROJECT 55.5. ORDINANCE 3155 entitled ORDINANCE OF THE COUNCIL OF THE CITY Or PALO ALTO FIXING AN ASSESSMENT FOR FISCAL YEAR 1979-1980 FOR THE CALIFORNIA AVENUE DISTRICT OFFSTREET PARKING PROJECT 60.8. R APPROVED GENERAL ORDINANCE 3156 entitled ORDINANCE OF THE COUNCIL OF THE. CITY OF PALO ALTO FIXING THE TAX RATE FOR THE FISCAL YEAR 1979-80 _ CILn- nrT Srtr+ucirr _g r wrere 1. . Rnnrreti.arrs%..nna.n 6 4,1 rn..r l:t.rrc.,r!r vi ivif.r1-frrn LV want) IJ E 1 AT �j #NE-M[i S _{Ira NINE -MILS. Staff recommends that Council adopt the resolution appointing Scott T. Carey, William H. Clark, Roy L. Clay. Kirke W. Comstock, Stanlev R, Norton, Enid Pearson, Rkhard Rosenbaum, Sylvia Seman and Grant C. Spaeth to the Standby Emergency Council. Upon adoption of the resolution each person will receive a copy of the resolution and the appropriate government code sections governing the duties of the Standby Emergency Council. RESOLUTION 5732 entitled RESOLUTION Of THE COMICIL 0 THE CITY OF PALO ALTO APPOINTING A STANDBY CITY COUNC I L TO ASSURE THE CONT I NUAANC E OF THE CITY"S LEGISLATIVE AND EXECUTIVE BRANCHES IN CASE OF DISASTER. 1 0 5 8/O/79 VANCEO WASTEWATER TREATMENT 'FAULTTIEs-tlM flit' X389:9) Staff recommends that Council authorize the Mayor to execute a change order in the amount of $21,000 for interim pumping during construction of the Advanced Water Treatment Facility, and to find that this action will have no adverse environmental impacts HOUSING --William Zaner MEMORANDUM OF INTENT BETWEEN THE CITY OF PALO ALTO AND WILLIAM ZANER REGARDING HOUSING ASSISTANCE FOR HIS EMPLOYMENT AS C I TY MANAGER l 'CC.,# TS AND RECORDS CONTRACT --AUDIT OF ACCOUNTS AND RECORDS Arthur Andersen & Company IO ROAD OVERPASS-- MAINTE - � E AGREEMENT (C :377:9) Staff recommends that Council authorize the execution of the agreement with the City of Mountain View. SAN ANTONIO AVENUE OVERPASS MAINTENANCE AGREEMENT --City of Mountain View MOTION: Councilrmeiter fazzino moved, seconded by Witherspoon, that Council adopt the ordinances, approve the resolution, authorize the Mayor to sign the agreements and approve the staff recommendations. the notion passed on a unanimous vote, Councilmember Levy absent. P' E f IRES..,.��«'a. T E RECOMMENDS MOTION: Councilor Witherspoon, on behalf of the Policy and Procedures Committee introduced the following recommendations adopted by the Committee on a unanimous vote, and recommended their adoption by Council: A. That Council endorse a policy of no change in the existing service level as it relates to animal care and control in the City of Palo Alto; 8. That Council authorize the Mayor to sign a contract with the Palo Alto Humane moiety in the amouht of $7,746- fnr_ePergency services and weekend and holiday kennel �-- nt -- C. Thit Council direct staff to negotiate a contract with the Palo Alto Humane Society relating to a joint venture in a humane education program; D. That the Committee finds the concept of a building for the Palo Alto Herne Society and Wildlife Rescue, Inc.,. adjacent to the Anigal Services and Placement Center, _interesting, and the location suitable, but the Committee recommends that Council wa i t for a specific proposal from the two groups, with money behind the proposal, before directing staff to spend time on it. Councilmember Witherspoon said she had removed the item from the Consent Calendar to renew the request that was made to all participants with the City in joint ventures. 106 8/20/79 AMENDMENT: Councilmember Witherspoon moved, seconded by Fazzino, that Council request the Palo Alto Humane Society to provide to the Finance and Public Works Committee an annual financial statement and a list of members of the board of directors, as well as copies of minutes of board meetings, The amendment passed on a unanimous vote, Councilmember Levy absent. AMENDMENT: Councilmember Fletcher roved, seconded by Renzel, that staff explore with the County of Santa Clara an analysis of its costs for providing animal services to Palo Alto. Councilmember Fletcher noted that the County was obligated to provide such services to Palo Alto, yet, since Palo Alto preferred to provide its own animal services, the County neither provided such services nor would it pay in -lieu costs. Councilmember Witherspoon said she that matter with the County. Were "...where does that get us?" Such recalled that staff had been discussing the City to get a dollar figure, an analysis sued a waste of time. Councilmember Fletcher said she wanted to have a figure on how much the County saved by not serving Palo Alto's animal control needs. William Burke, Animal Control services, said it had been estimated that the City spent about $90,00) annually in serving Palo Alto. Councilmember Fletcher emphasized that an estimate of what the county was saving was desired. Did Ear. Burke see any value in that inquiry" Mr. Burke confirmed that the inquiry had been going on for some time. The County, he said, had made it clear to staff that it could not reimburse the City, but it would be willing to take o'er the service. AMENDMENT WITHDRAWN: Councilmember Fletcher withdrew her motion. Councilmember Brenner said she was sorry to see the amendment withdrawn. If the amendment were passed the public would be more aware of the situation, and the public were also constituents of umbers of the Board of Supervisors. She favored pursuing the matter year after year. Vice Mayor Sher said he agrees with the aim of Councilor Fletcher's proposed amendment. He thought, however, that asking the county to draw up data that demonstrated its fault in t e matter was futile. Some cities did receive reimbursement, such as Santa Clara, for in -lieu animal control services; its staff had pound a way to bring pressure to bear by threatening to withhold its sales tax agreement. AMENDMENT: Vice Mayor Sher moved, seconded by Fletcher, that Council ask _.ttAf f _ t _r 4rt on .these...ervice ..revid.._e a. _.. ��..r. �. these services �h'�7 }ji i+i�i i�tiii 3,►y cI t. ass in Santa Clara county for which the -C-o 'tv _row_rade reimbursement. ®.+r, rev jtietV6 a •: +�Fi6AII .i �t1CFi4s Vice Mayor Sher amplified that the county was providing paramedic services in other cities except for Campbell and Palo Alto. Charles McNeely, City Manager's staff. said thatlevelsof service were the important utter to the City. Vice Mayor Sher stressed that his amendment did not suggest that Palo Alto drop its animal services, but it did suggest that the savings afforded the county through the City's provision of its own service could perhaps be reimbursed, at least in part, by the county. Councilmember Fazzino clarified that the suggested staff report would not be related to animal services. 107 8/20/79 AMENDMENT PASSED: The amendment that Council ask staff to report on those services provided by cities in Santa Clare County for which the County now made reimbursement, passed on a unanimous vote, Councilmember Levy absent. MAIN MOTION AS AMENDED PASSED: The main motion, that Council approve the recommendations of the Policy and Procedures Committee in relation to Animal Services/Animal Shelter, passed on a unanimous vote, Ccuncilnember Levy absent. AND PROCEDURES COMMITTEE Ie SERVICE MOTION: Chairman Fazzino on behalf of the Policy and Procedures Committee, introduced the recommendation that the present taxicab ordinance be retained. Chairman Fazzino said the Committee's discussion had been brief and members had unanimously agreed that the present ordinance was adequate and that the issue of whether or not there should be more than one taxicab company in the City was not related to the ordinance. He thought the matter of a second company was related more to the marketplace. Councilmember Fletcher said she agreed with the Committee's conclusion that the ordinance itself was not restrictive and that service for Palo Alto was sufficient. She did question what might happen without competition. AMENDMENT: Councilmember Fletcher moved, seconded by Henderson, that staff draw up an addition to the ordinance to provide for City Council approval of rate changes. Lou Green, Senior assistant City Attorney, said his office had not explored the ramifications of rate control, and so he would report on that. He observed that the "amendment" was 1 ike a substitute motion. Councilmember Fazzino said he would like InterTrans to have an opportunity to make its comments. Perhaps the matter should remain in committee until staff had more information on it. AMENDMENTWITHDRAWN: Councilmember Fletcher, with the agreement of the second, said she would withdraw the motion. Mayor Henderson said that Council would vote on the committee r eco ndaMens only, at the present. Vice Mayor Sher said he had no problem with the present ordinance; there had been three applicants for the certificate of nuttl a 9nd r c i ty c -- - _ �. need _xse�r .iwi b.tJ i ..�' cnougn, w th one of the three applicants saving that__ f__ ore___than _o cert f kcate were to be issued he would not be interested and at that point Courxil had tied its own hands, Vice Mayor Sher said, in deciding to grant only one certificate. He would have liked to have seen a willingness to look at all three applications. -and that philosophy he had thought questionable, because it deterred other. applicants. He did not favor realulatina eatei-erne preferred having rates regulated in the marketplace by free competition. Mayor Henderson emphasized that any operators should feel free to come in and apply, and that Council would listen to them. The past three applicants had been viewed frmi the standpoint of benefit to the City. MOTION PASSED: The motion that the present taxicab ordinance be retained passed. on a unanimous vote, Councilmember Levy absent. 108 8/20/79 MOTION: Courcilmember Fletcher moved, seconded by Henderson, that the question of rate regulations for taxicab companies operating in Palo Alto be referred to the Policy and Procedures Committee. Mayor Henderson suggested having Council direct staff to prepare an analysis which would then be subject for referral to the Committee. Councilrnember Fletcher said that she would use that wording for her motion. Councilmeriober Witherspoon said she was reluctant for Council "...to become a mini-ICC. " She asked Councilrnember Fletcher's purpose in wishing to control rates. Councilmember Fletcher replied that in cases where there was no competition a regulatory authority reviewed rate charges. She did not necessarily favor low rates to the detriment of service. The Senior Coordinating Committee had questioned the rates. Councilme er Witherspoon said she thought Council should think about how ouch staff time would be involved. Mayor Henderson asked if airport transportation should also be included in the proposed staff analysis. Lou Green, Senior Assistant City Attorney, said he thought airport transportation was regulated by the Public Utilities Commission (PUC). Vice Mayor Sher observed that a monopoly in any business could 'lead to monopoly prices. If prices went high enough other com=panies would want to get into that ► a rket, and offer to carry people for lower fares. The present political climate was for less government and he favored that. The governmental setting of rats was not done without considerable effort. lie did not want the mutter to Oe referred to committee. Councilmerber Bremer said she thought there should be constant review of the level of taxicab service. She cited a citizen who had commented that taxicab service level was going down. She did not want to refer the matter to committee but she wanted the question of the level of service kept before the public. MOTION FAILED: The motion to have staff prepare an analysis of taxi -cab rate structure for later referral to the Policy and Procedures Committee failed on the following vote: AYES: Fazzino, Fletcher, Witherspoon NOES: Brenner, Eyerly, Henderson, Nenzei, Sher e,BcE4T _: Leto' ZEL CCuncii r Renm said she and Couhcii mber Levy had gone over the Baylands Master Plan after !raving received a memo from staff oh the current implementation schedule: in so doing they had found that a very substantial portion of the impermeable fill would be excavated just to create the dewatering pond, at an estimated cost of about Wit a cubic yard.. The alternative, dredging and dewatering and drying the impermeable fill, is .about $6-$7 a cubic yard. She thought there would be considerable savings to simply take the impermeable fill from the ITT property. 1 D9 8/20/79 MOTION: Councilmember Renzel moved, seconded by Fletcher, that staff study feasibility and costs of using ITT land for generating impermeable fill. Mayor Henderson said the publicity in the Times Tribune, where Councilmember Levy had been quoted, indicated that the yacht harbor might be closed in the near future. Mayor Henderson said that from Councilmemmbers Levy and Renzel memo, the plan to use the fill from ITT did not include the present plan for the yacht harbor, where the county maintains the yacht harbor, dredges every two or three years --shouldn't those spoils also be used for dump covering? or is Councilmember Renzel saying she wanted earth excavated from ITT land to replace the county -dredged spoils? Councilmember Renzel replied that the 210,000 cubic yards that would be excavated to create the dewatering pond would be spread around the edges of the dikes for the dewatering ponds. If that same earth were used to cover the dump then there would be no dewatering ponds. Mayor Henderson said that when the county dredged the spoils, the spoils were stored on the point, and eventually it was moved over for other uses in the Baylands, Councilmember Renzel said that that particular method was used on the last dredging; future dredgings involve dewatering ponds on the ITT property. Mayor Henderson asked "Are you trying to replace the dewatering situation? The question here is whether we can eliminate the use of dewatering ponds..," Councilmember Renzel said that was correct. Mayor Henderson :aid ''But what I'm asking is: okays you eliminate that, and the new proposal that calls for dredging two or three times a year and would you not be going back then to what has been the practise. . . Councilmember Renzel said that it would be a possibility. Hers and Councilmember Levy's proposal would change the present dump closure plan. Whether or not Council would be interested in pursuing the idea of further dredgings of yacht harbor point was a separate matter. The matter she was presenting was of cost: hers and Councilmember Levy's proposal would cost significantly less money. The environmental damage of her plan was identical to the current Baylands/du.-np closure plan. The County was paying $48,030 for the dredging, and citizens of Palo Alto were paying through their refuse fees on utilities hills, and savings through use of the proposed plan would accrue directly to utilities bill pavers and taxpayers in the County. Councilor Witherspoon ascertained from Councilmember Renzel that her figure of 210,000 cubic yards was given on page 5, appendix E. �/'� 7}� y� /y,.�]� - _ Count i 1 er Eyerly co rated on the irony of Councilmember Levy's absence when the matter he had initiated was before Council. Councilmember Eyealy moteei that their memo said that the study of the feasibility of the levy;Renzel plan would cost about $5,000410,000 and could be accomplished within several months. He asked for more detail. aP be iber1 Assistant Director of Planning and Coomunity Environment, said Council ,ers Levy and Renzel had discussed their proposal with staff last week. Staff could give two types of assistance if the matter were referred to them: 1) engineering assistance .'o define the area and do underground soil and water tests and tidal flow calcelations, at a aaximum estimated cost of $10,000; 2) cost estimating assistance, through a company that served the City. (Lee Saylor and Company had estimated about $3,500-$4,4100 for excavation and the like); 3) for time, six weeks to get a consultant, then several months to detail the plan. 1X0 8/20/79 Councilmember Cyerly said that some agency with jurisdiction in the bayland might know whether or not the soil at the ITT property was impermeable --had that been explored? Mr. Schreiber said that soil tests made in the past showed in core samples that the soil at ITT was bay rrud, which had the density needed to meet Water Quality Control Board standards. A judgment of which portion of the ITT land could be excavated, and also different Santa Clara Valley Water District (SCVWD) easements relating to the underground well system which SCVWD had been installing the past year. With those two determinations the place of excavation could be known, then a core sample of about 10 feet in depth could be taken. At present most of the ITT land appeared to be composed of bay mud. Councilmember Cyerly asked if, should a new Director of Public Works be hired soon, City staff could do such exploratory work rather than have it turned over to outside consultants. Had their been any discussion of that, he asked. City Manager Pro Tenn Ann Tanner said none that she was aware of, but she would pass that information on to new City Manager Zaner, who would be appointing the new Director of Public Works. John F. Walker, 19375 Creen od Circle, Cupertino, read a letter, on file at the City Clerk's office, from David Allison, Commodore of the Palo Alto Yacht Club, in which he pressed for furtherance of the plan to use spoils dredged from the yacht harbor as cover for the dump. [fir. Allison pressed for placement of several hundred more berths in the harbor as a means of defraying costs, as the county had previously suggested. The newly opened Peninsula Harbor that had been dredged at Redwood City "...does not plan to operate at a deficit, 1 can assure you. Yacht harbors can be profitable. . .with our 100 berths we are contributing approximately $36,000 per year in rental." He cited examples of the need for dredging at the present time both from an environmental and boat maintenance point of view. Mr. Wacker continued on his own behalf, and recalled that a bond issue passed at polls about 8 years ago had not yet been implemented. He said that boaters did not get a free ride, as Councilmember Levy had stated, because the majority of those who used the baylands were nature and scenery lovers, who did not come to look at the mud, which he said would make an ideal cover for the dump. Harley B. Hamilton. 2857 Bryant Street, expressed frustration at reconsideration of dredging/dump closure questions. He charged Councilmember Levy with irfespmiisibilltp in having reopened the Question at a time when he would not be there; he said he thought Councilor Renzel would like to see the yacht harbor closed. He asked that Council continue with the plan of using spoils dredged from the harbor for impermeable dump cover. Gil Woolley, 1685 Mariposa Avenue, projected slides illustrating some physical properties of the harbor; l:e outlined the ties when wind permitted safe sailing for youngsters. He said that the young people who used the Palo Alto Yacht Harbor asked, "Why don ` t they want to dredge the harbor?" Doug Bradley, 3373 Cork Oak Way, asked that the plan to cover the dump with spoils dredged from the harbor be followed, The harbor, sheltered from the wind, permitted sailing of small Befoot boats, and that fact made the harbor unique. I 1 I 8/20/79 1 r Robert W. Strena, 735 Raymundo Way, Los Altos, said he thought prolonged debate over dredging/dump closure plans was alienating those who wanted the harbor maintenance to continue as planned. He said it was a debate between those who wanted the salt marsh fostered, and those who wanted the harbor fostered. He reviewed the various elements, pro and con, relating to the dump closure plan, and asked that the plan to cover the dump with dredged spoils from the harbor be carried out. Alan Ferguson, 3491 Thomas Drive, stated his opposition to creation of a brackish or freshwater lake on the ITT property; he said he feared an increase of mosquitoes, and also he thought the ITT property should be a buffer against rats coating from the bay. He also feared that the proposed lake would become an attractive nuisance. He cited the high costs of documenting the newly proposed plan for dump closure. R. M. Trainer, 3423 Cork Oak, said he thought the lease between county and City was still in effect, and the county was to pay for dredging, with the City to dispose of the spoils. He thought that now the City was going to have to pay for the dredging because the City would not add more berths. The City, he thought, appeared to be disenfranchising its citizens of use of the harbor. He thought the City should encourage the state to help out the county with wore funds. He asked why the City was going to close the dump, and what it planned to do with solid wastes. Margaret Stromquist, 3418 Thomas Avenue, expressed dismay at a new proposal when she had thought a conclusion had been reached. She conjectured as to the ratiocinations that had led to the new proposal. She asked for a return to the former plan, and outlined ways financing could be worked out more advantageously. Robert Moss, 4010 Orrre, suggested working with nature so that the harbor would not need dredging. Processes for preparing the spoils for dump coverage had not yet been worked out; some marshland would have to be given over to de -watering ponds. He asked how much of the $1.5 million the City had paid for the ITT property had been assigned for the yacht harbor costs. He did not like having all the county park bond money going to north county spent on the yacht harbor, other parks were needed. He thought the need for a three-foot impermeable dump cover should be questioned. He felt that plans concerning the baylands were rightfully subject to reexamination. Walter Stromquist, 3410 Thomas Drive, said "...there's been a tendency for obfuscation and delay and asking questions that are without merit." The question of costs was an example. He said the harbor had been in use by one tenant for 50 years; the marshland had been about the same for that length of time --why-_ cis ge it b _- _ - 9 change y proposing llg e t a Ese t i ne lake a k had no outlet indicated on the plan..."That isn't the way nature works." He thought no savings would accrue to the City fry:' the new proposal. He hoped "...the tirade of misinformation would stop. . . ." t4. 'Han_, 1456 Los ores Boulevard, Santa Clara spoke _h_i.____ :.. O'Hare, btia %w`+h - f. s.�it/ wa .�tC[i6ii Clara as chairman of the junior division at the Palo Alto Yacht Club. Sailing _lessons were offered to juniors through the schools, and many Palo Alto children and youth had pleasure from that; he wanted it to continue. Loren D. Bradley. 3373 Cork Oak hay, said it cost, clop cif his six rhildrPn $12.50 a year to sail with the junior division of the Palo Alto yacht club. He told of other activities for youth with sea scouts, and the fine sociability available for youth centered around yacht harbor activities. Bone of it would continue if the dredging did not take place, he said, and dredging was a -necessary evil since the outlet to San Francisquito Creek had been relocated and the natural flushing action had stopped. 112 8/20/79 Carl Ellertson, 2140 Santa Cruz, Menlo Park, referred to the emotion exhibited on the yacht harbor mutter; he thought it best not to link covering of the dump and dredging of the harbor, particularly in the matter of costs. He expressed some impatience at citizens' confusing county money spent for the harbor dredging with City money spent for refuse disposal. Me reviewed allocation of costs and the duties of the harbormaster (principally cleaning up and keeping records), whose services were needed nonetheless. He thought the state would take a free core for study by the City from the ITT property. Corrected see page 203 Corrected see page 203 Council recessed from 10:00 p.m. to 10:10 p.m. Mayor Henderson said he had voted against the Baylands Master Plan because he had not liked the idea of de -watering ponds, pipeline for dredging and the like, costs for which would occur three times a year. He said he would like to see the county continue the dredging operation as it had done in the past, and also for the City to find other material for dump covering. He wanted to close the dump within ten or fifteen years, and continue the harbor as long as possible. He thought spoils could be used to cap the dump. AMENDMENT: Mayor Henderson moved, seconded by Renzel, that the county - funded dredging schedule continue to be followed, with spoils so obtained to be used as covering for the dump. Mayor Henderson said he did not know if it would be feasible to use ITT land for dump covering, but even if it were he would still like to continue with the past schedule of dredging by the county, with the possibility of using those spoils for dump cover to be kept ripen. Vice Mayor Sher said he might offer an amendment also; he thought the purpose of the main motion was to have a study of comparative costs to the City of various methods of covering the dump. When the Baylands Master Plan had been adopted certain assumptions had been made about who would pay for various costs, Vice Mayor Sher said. He intended his proposed amendment to be aimed at getting current information related to cost -sharing between the City and the county. Councilmember• Witherspoon said she thought that the amendment was not feasible because without dewatering ponds dredging would not be possible. Mayor Henderson said the spoils would dry out on the north point as usual then be moved to the dump. Councilder Witherspoon said she had been surprised to learn that it was the City's policy on the ITT property to return it to tidal action. She had thought that the R. vlama :Master Plan left_ open the use of the _.. _ - _ - -- r ..... ,, .,,,.. y,� ITT ors? 'rty, with t' e pessI bi l i t� that i t _ i _-_ . - --. _._� -v dw w v. , o .�. : L L�l;.t Iii aim. open W tidal action and allowed to revert to saltwater marsh. Was it the City's policy to leave the land open to tidal action? Did the main motion intend that a portion of the ITT property be stripped of 34 feet of topsoil? She thought the land was now at sea level. The amount of land that could be removed would not be enough to cover the dump. - She xdd d - thY in order to uake topsoil - out of dredged spoils de atering ponds were needed. There was a saltwater intrusion pond in that area already, she said, and she did not think that should be added too. She said she thought the dredging of the yacht harbor tied into the City's plan for sealing off the dam, and the tie-in was fortuitous, she thought. She thought that a study would have to be such broader to answer the questions of Council on the new plan --a broader study would mean more money. The virtue of dewatering ponds was that they were temporary, she said. She said the I I 3 3/20/79. ITT property was called an upper marsh area, somewhat different from the saltwater marsh. She thought another EIR might be needed, which would raise costs. She thought Bay Conservation Development Commission (BCDC), the Corps of Engineers and others would have to okay the plan. She wondered if opening the ITT land to tidal action changed the public right to access, from a legal point of view. And what would happen to the upper marsh wild life now established in its present habitat if the land were opened to tidal action? She cited costs for obtaining the necessary amount of topsoil for capping the dump. She was reluctant to open the whole issue again --her inclination was to vote against the motion. Savings in money were not so important --she did not want to see the ITT property stripped of its soli. Ken Schreiber, Assistant Director of Planning and Community Environment, said the City plan was to open the ITT property to tidal action, a semi - water environment. That might mean no dewatering ponds. Regarding material, 310,000 cubic yards of impermeable cover material were needed for capping the dump, which would be about one to one and one-half feet of landfill. That 310,000 cubic yards were to come from dewatered dredged spoils, according to the present plan. Along with the needed 310,000 cubic yards, an additional 330,000 cubic yards of topsoil were needed. The adopted plans assumes, he said, that 144,000 cubic yards of topsoil would come from processed dredged spoils and 186,000 cubic yards would be imported. About 40,000 to 50,000 cubic 1,. ds of the needed 310,000 cubic yards would be available and is now scheduled to be removed fro yacht harbor point--itwas a part of material that had been dredged some years ago. The remaining 270,000 (approximate) cubic yards would have to accrue through the dewatering process. In creating the dewatering ponds, 210,000 cubic yards would have to be excavated, about 100,000 cubic yards would be available for the landfill; about 100,000-150,000 cubic yards of that to be excavated would go to construct a berm and edging of the dewatering ponds. The end cycle in the dewatering ponds might mean there would be additional dredging to help fill in the dewatering pond location. And so, he summarized, the City needed about 270,000 cubic yards of impermeable fill, minus what fill was now on Yacht Harbor Point. Council? ter Brenner observed that sailing was a delightful activity and there was a strong lobby for it. However, she added, disposing of solid refuse was a basic problem for the operation of a city, and specifically of the Council, but the problem did not have eomantic appeal to bring out supporters. She voiced the belief that interest in the baylands had been manifested by the elution of "...a baylands watcher," to Council. She said Councilors Levy aril Renzel had brought the matter forward asking for a review of an elaborate and expensive plan; the plan interrelated a baylands dump and constant dredging, Councilor Brenner said she wanted to consider every possibility "...before marking on this massive project." She supported the intent of the Levy/peneel Counci l:messber Eyerly ascertained that Mayor Henderson's amendment intended to place additional dredgings on Yacht Harbor Point. He asked staff if such a plan were feasible. He did not think the county would accept that. Sr. Schrtibct said that to do 50 wou s d be inconsistent with adapted Baylands Plan that would have to be wed ifthePoint were to become a dredged disposal ar a. Aesthetics of such a plan would be poor. The top part of the bay mud would dry within 3-4 years, but the remainder would not dry and so some procedure would be needed to work that material, perhaps by scarification, a process that had not been investigated. 114 8/20/79 Councilmember Eyerly asked Mr. Schreiber what work would have to be done by staff should the main motion pass. Mr. Schreiber said that as he understood the main motion it asked staff to evaluate costs and technical feasibilities involved in excavating a portion of the ITT property so that it would provide adequate quantity and quality of material, with the excavated area to be open for tidal action. To do so, staff would have to determine the quality of material in the area that was selected to provide'sufficient quantity, after having decided if such an area could be opened to tidal action via either above- or below -ground connection to a portion of the yacht harbor. The hydraulic feasibility of that type of system would have to be ascertained. Mr. Schreiber said he thought the study should be done so that the cost estimates that were developed would be comparable to other closure alternatives. The study, with technical feasibilities and their costs, would be brought back to Council by staff, for its review and consideration, but not final action, because the environmental review would be done only if Council so concluded. Fir. Schreiber said he thought a full environmental impact report (EIR) would not be needed, and he thought only a supplement to the present EIR, perhaps an environmental assessment, would be sufficient. There was some advantage to working within the framework of the Baylands Master Plan, as in the case of the question of opening a portion of the ITT land to tidal action, for it had been environmentally reviewed. Councilmember Eyerly said he thought that along the way the contract with ITT would have to be reviewed, so that their ground would not be impacted. The contract with the county on the yacht harbor would have to be discussed, and also the wells of the Santa Clara Valley Water District, and whether or not that related to any change in the Baylands Master Plan. There was the consideration of either delayed or speeded up closure of the dump. There would also be a lot o'? discussion on the yacht harbor question itself. Councilmember Eyerly said he thought those questions would have to be dealt with before any change took place in the Baylands Master Plan. The motion spoke to $5,000-X10,000, and the considerations of the change in plans would cost far more. Councilmember Eyerly said he thought a sensible Council would not vote to change the Baylands Master Plan, which now afforded usage and reasonable satisfaction to all the interested groups. Councilmember Eyerly said he would vote against the main motion, but for the amendment, because it spoke to keeping the yacht harbor open. Councilor Renzel said she had been concerned about the environment of the 8aylands consistently, and she also thought the dump should be closed as soon as possible. She continued to object to that portion of the !aylands faster Plan that prolonged the life of the present dump. That point of vier had nothing to do with being for or against boating, she said. In the drawing up of the Baylands Master Plan at its initial stages Co ice : :eau instrooted staff and consultants to i mi t inquiry into zethods of dump closure Aid, did rot involve keeping the harbor open, and so all alternatives had not been considered. Proposition 3 monies had almost all been spent in the 1975-r6 dredgings--almost $500,000. As Mr. Schreiber had said, tidal action study results were already in the Baylands Master Plan. She said she had understood that even with the dewatering pond plan the. pones were to isim filled "2pA see reflecting v •.ae used iJd--vcs IR:irFll� ponds between uses as dewatering ponds. She said her proposal was very simple --under the present plan the ITT land was going to be excavated -- her proposal was that the excavated material be taken directly and used for capping the dump. To do so was more economical than the present plan. Her proposal was a request, not a policy decision. The Cooper - Clark consultant report said that the cover material resulting from excavation for dewatering ponds would cost 5€f a cubic yard, whereas the cost for material specified in the Baylands Master Plan to be used as 115 8/20/79 1 capping was $7.00 a cubic yard. She thought Council had a responsibility to consider the lower cost material, because that cost would be charged in the fee citizens would pay for dumping, and those costs would rise. Councilrnember kenzel continued. She said the Levy/Renzel proposal did not question dump closure requirements specified by the Santa Clara Valley Water District, but simply offered another way to meet those requirements. She thought much needed information had already been compiled, as Mr. Schreiber had said. Vice Mayor Sher recapitulated the figures Mr. Schreiber had given regarding needed fill and cover material; he ascertained that the 100,000 cubic yards was for impermeable cover. Vice Mayor Sher calculated that 170,000 cubic yards of dredged spoils would have to be dried out. Mr. Schreiber agreed --he said his estimate of needed cubic yardage was conservative, and he thought the estimates on both impermeable cover end landfill had to be considered so that some comparable figures could be developed --he did not think any bay mud would be used for topsoil because that toox dewatering ponds; 270,000 cubic yards would come from the ITT property. Vice Mayor Sher reviewed the various steps taken by staff and Council that led to the matter before Council now: a memo from Larry White, Director of Parks and Open Space, had been circulated to Councilmembers saying that work on the Oayiands Master Plan was going forward, and dredging and construction of the dewatering ponds mould cc nce-- questions and concerns should be raised now, Mr. White had said. Vice Mayor Sher said that the new Councilmembers had campaigned partly on the issue of Baylands matters, and had heard citizens voice concerns while they campaigned and as they were row participants in Council they were qualified to function as members of this decision -raking body. Vice Mayor Sher spoke of how the adoption of the Baylands Master Plan had not been unanimous; the Baylands presented many complexities. Assumptions about cost and cost -sharing had been made. Vice Mayor Sher said he had been one of the four Councilmembers voting against the final adoption of the plan because of his concerns about three -times -a -year dredging, a very different plan from the dredging that had taken place formerly r every 3-5 years, andhe also was co' cer ne d about giving alai; ty acres of land over for dewatering ponds. He thought the issues before Council were where and what was the best material for covering the dump, anu who was going to pay for it. He said he would support the main motion. Vice Mayor Sher then considered the amendment: he assumed the amendment proposed _ considering _ the cl me n r = yp of dredging, as in the past, not hydraulic dredging. He could support that amendment as well, in the interests of getting further information. Councilor Witherspoon askd tho Catty Att„r„ey 1s office if an additior.a El Rwas nnt needed regarding G . r ..1•- needed 34�3¢lSiE¢iL�_iF7i.F �C4I �3� 7f. Lc�iR.-�� p�"1�Tvy�-+v far the question of the effect on wildlife living on the upland habitat had not been addressed. Louis Green, Senior Assistant City Attorney, said that procedurally an environmental assessment might be needed, but if the present reports_ covered that question it might be sufficient --staff time would be needed to review those reports. 111 AMENDMENT PASSED: The amendment, that the county -funded dredging schedule continue to be followed, with spoils so obtained to be`used`as covering Corrected for the dump, passed on a unanimous vote, Counci barber Levy absent. see page 203 9 116 8/20/79 Corrected see page 203 MAIN MOTION AS AMENDED PASSED: The main motion, that staff study the feasibility and costs of using ITT land for generating impermeable fill, passed on the following vote: AYES: Brenner, Fletcher, Henderson, Renzel, Sher NOES: Eyerly, Fazzino, Witherspoon ABSENT: Levy MOTION: Vice Mayor Sher moved, seconded by Henderson, that staff draw up a report bringing Council up to date on negotiations with the county on cost -sharing related to the Baylands Master Plan, for three -times -a - year dredging, installation of pipe for hydraulic dredging, cost of constructing dewatering ponds, cost of maintaining dewatering ponds. The motion passed on a unanimous vote, Councilmember Levy absent. Councilmember Eyerly observed that some speakers had commen.;d on the present need for dredging --did staff know when the next drec,,;ng was scheduled? Mr. Schreiber said that dredging had been scheduled after construction of the dewatering ponds in spring of 1;81 --nor, after that night's Council action --it might be mid -summer, 1981. The request had been made to the Army Corps of Engineers --agencies involved with UDC also had a central role in granting _dredging permits. The former manner of "clamshell" dredging was not consistent with HCDC's newly adopted policy on dredging: the newly adopted policy was that dredging could only be permitted after development of a spoils -disposal and recreation plan, and was consistent with that plan, in this case, the Baylands Master Plan. ITi1E Councilmember Witherspoon said she thought the goal of the present R-2 zone had been sound, but it did not fit some situations. MOTTO'!. Counciimember Witherspoon spoon moved, seconded by Fazzino, that Council ask the Planning Commission to look at the present R-2 zone and perhaps recommend changes to have the zone more clearly differentiate between its application to transition areas and R -1 neighborhoods. Councilmember Witherspoon passed on a note from Mike Boman, a Palo Alto_- citizen, expressing his and his neighbors' criticisms and requests on how R-2 zoning should be applied. Councilmember Brenner supported the motion, and cautioned that the inau ry would _ nerhanc not f't- xi / x^.04—..44-- s _ ll still _ - .. . . r T � •• • • u s . era. ,,a a ien Yr$ ic.�r, after all, � , `JZ1 v had --:tom} '3 --through the :6.. _ ,.,,.....�.. ..,,._ ��_1'?c hewing ,^-::�Cas§s application bji application. MOTION PASSED: The motion passed on a unanimous vote, Councilmember Levy absent. MOTION: Mayor Henderson introduced the following resolution, and, seconded by Fazzino, moved its adoption by Council: RESOLUTION 5733 entitled 3RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CONGRATULATING PALO ALTO AMERICAN POST 375 BASEBALL TEAI4 FOR WINNING THE STATE BASEBALL CHAMPIONSHIP." I17 8/20/79 i The resolution was adopted by a unanimous voice vote. MAYOR HENDERSON RE AMENDED OR9INANCE FOR SPECIAL ELECTION ON NOVEi3ER 6, 1979 Louis Green, Senior Assistant City Attorney, said Council had adopted an ordinance last week for a proposal to place on the ballot a Charter amendment to change the date of the general municipal election to conform to the date of election for the school district in November. In error the ordinance had given the second Tuesday, whereas the date should have correctly read "the first Tuesday following the first Monday of the month of November." - MOTION: Councilmember Fazzino introduced the following ordinance and, seconded by Fletcher, moved its adoption by Council: ORDINANCE 3153 entitled 'ORDINANCE OF THE COUNCIL OF THE CJTY'OF PALO ALTO AMENDING ORDINANCE 3148 IN ORDER TO MODIFY THE DATE OF ELECTION PROPOSED FOR VOTER APPROVAL." The motion passed on a unanimous voice vote, Councilmember Levy absent. COUNCILMEMBER FAllINO RE LOCKHEED FIRE MOTION: Councilmember Fazzino moved, seconded by Sher, that the matter of the Lockheed fire be referred to the Policy and Procedures Coecittee, including the matter of transfer of hazardous chemicals. Vice Mayor Sher emphasized that the referral to Committee did not suggest that reports from Fire Chief Xorff and others were unsatisfactory. Of particular importance was the question as to how the building in question was in the 5G -foot buffer atrip area that separated it from the R-1 zone. Another question was extinguishing agents for specific chemicals. Councilmember Fazzino ascertained from Ann Tanner, City Manager Pro-Tem, that at present there were no persons or chemicals in the building in question at this time. Councilmember Fletcher ascertained from Lou Green, Senior Assistant City Attorney, that no final action by Council could be taken on a referral ration, though, in view of the gravity of the matter, Council could take the matter up as an emergency item. Councilmember Fletcher continued. She said that many cities were concerned about the increased transportation of hazardous materials. She asked that this additional concern be included in the referral. Councilmember ..Brenner's •d-- L_- - z ----- -- --- a �...�, said .. :: i �. way perhaps a good time to open the question of noise and nuisance generate- by Industry -thatwas placed near R -I neighborhoods. Councilmember Fazzino agreed: the Barron Park study of noise and nuisance might be ready for �o o � _ committee to a'�sSi:iS�.G :�is3n�i with the .•�d.-.. .....s _ � ���..' ss. ..s■ bl tG.-`iT3'Lb�.i i3 uf hazardous materials. City Mnager Pro Tem Ann Tanner asked that the two items be kept separate: the chemical explosion and transportation of hazardous chemicals should be treat tO a =furl heating. The noise problem would be taken up separately. Councilmember Witherspoon asked if volume or what kind of material was to handled in regard to transportation of hazardous materials was to be discussed. Councilmember Fletcher replied that transportation of hazardous materials to or from Palo Alto firms was the topic she had in mini. Materials just passing through were a larger issue and not subsumed in her question. She thought the amount of materials being transported was on the increase everywhere. MOTION PASSED: The motion that the matter of the Lockheed fire and explosion be referred to the Policy and Procedures Committee, including the matter of transfer of hazardous chemicals to and from Palo Alto, passed on a unanimous vote, Councilmember Levy absent. VICE MAYOR SHER REGARDING QUARRY PROPERTY Vice Mayor Sher said his question related to the Quarry property on which the City had acquired an option when it also acquired the addition to Foothill Park. That option date was imminent, and so he thought Council should receive a report from staff on the status of that option. NOTION: Vice Mayor Sher moved, seconded by Renzel , that staff report to Council on the matter of the option on the Quarry property. The motion passed on a unanirneus vote, Councilmember Levy absent. CANCELLATION.OF MEETINGS OF AUGUST 27 AND SEPTEMBER 4 MOTION: Mayor Henderson moved, seconded by Fazzino, that the meetings of August 27 and September 4, 1979, be cancelled. The r" tion passed on a unanimous voice vote, Councilmember Levy absent. ORAL COMMUNICATIONS None ADJOURNMENT TO EXECUTIVE SESSION Mayor Henderson adjourned the Council meeting to Exeruti ,Ie Session 13_ M1 f f ..30 p • �3y . 119 8/20/79