HomeMy WebLinkAbout1979-11-05 City Council Summary MinutesCITY
COUNCIL
MINUTES
Regular Meeting
November 5, 1979
ITEM
Minutes of September 17, 1979
Adjourned Meeting of September 17 Held an September 24, 1979
Oral Communications
I. George Homsy, 3760 i.aSelva Drive
2. Barbara Homsy, 3760 LaSelva Drive
Consent Calendar - Action Items
3401 Alma - P.C. Zone - Amendment to Ordinance 1362 to
Allow for Sale and Service of Mopeds
165 Bryant Street - Change of Classification of Property
From R-1 to RM-1
Palo Alto Recycling Center Improvements
Ordinance re Off -Site Murals
Transfer of Parking Monitor Program to Police Department
Budget Amendment
Electrical Conduit System Under Foothill Expressway -
Award of Contract
Grant of Easement --Pacific Telephone Telegraph--
Boulware Park
Public Hearing: Planning Commission Recommends re Zoning
Ordinance Amendment Hon -Conforming Uses - Required Terminations
Public Hearing: Peter Coutts Hill - Planning Commission
Recommendation re Amendment to Comprehensive Plan
Finance and Public Works.;ommittee Reeds re: Requirement
of Grant Funding for Construction of Advanced Wastewater
Trrea tern t Far i l i t1e+t
Rest of Councilmemiaer Fletcher re Preservation of Lake
Tahoe
Adjournment to Personnel Executive Session
Final Adjournment
CITY
OF
PASO
ALTO
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11/5/79
Regular Meeting
November 5, 1979
The City Council of the City of Palo Alto held its regular meeting in
the Councilchambers, 250 Hamilton Avenue, at 7:30 p.m., on this date,
ayor Henderson presiding.
PRESENT: Brenner, Eyerly, Fletcher, Henderson, Levy, Renzel, Sher,
Witherspoon
ABSENT: Fazzino
Mayor Henderson announced that an executive session regarding personnel
would be held after adjournment of the meeting.
tlitiaLfLalatiaLIZajang
Councilmember Fletcher asked that on page 158, the name in the third
paragraph read instead 'Jim Hunter.'
MOTION: Councilmember Witherspoon moved, seconded by Fletcher, that
Council approve the minutes of September 17, 1979, as corrected. The
motion passed on a unanimous voice vote, Councilmember Fazzino absent.
7
HELD ON SEPTEMBER 4 q
Councilmember Renzel asked that on page 174, sixth paragraph, the phrase
on the third line read instead: "...instead the fence came within 50
feet of the road. The fence proposed now is on the side of the trees
nearest the road."
Councilmember Renzel asked that on page 174, the first sentence in the
ninth paragraph read instead: "..."there had been many setbacks for the
golf course, which, she said, had traditionally been a hig revenue
producer."
Mayor Henderson asked that on page 173 the first three sentences of the
ninth paragraph read instead: `=Mayor Henderson said he believed in
discussing matters with, all members of the community. He thought Council ,;
should be open to talking with all citizens... and that when Mr. Kinney
wished _ street with C - n ' b -
. wished �..,...- to.�.�:�..: --a singly with 6[r ` �rE:MBlr3� t i ors he should pursue such r ti ngs . "
MOTION: Councilmember Fletcher moved, seconded by Witherspoon, that
Council approve the minutes as corrected. The motion passed on a unanimous
voice vote, Council ber Fazzino absent.
1. Cyr ge `may, 3760 LaSeiva Drive, said q - ;d that a l i uor license
-- had been applied for at 378O El Camino Final and related events
made a travesipy.of the znnivg nedina. and "...made the building
depailment apper like charlatans." He said he had found upon
investigation that in connection with the application for the
liquor license was a restaurant --he and his wife had notified
city officials that there was not nor ever had been a
restaurant on the premises. A Use-and-c)ccupancy permit had been
issued without an inspection of the premises, $r. Homy said,
and he found that inconsistent with the inspections visited upon
him as he undertook some improvements for his own house.
2 4 5
11/5/79
2, Barbara Homsy, 3760 LaSelva Drive, agreed with the foregoing
remarks by her husband, and added that alterations at LaTerrasse
restaurant had gone forward in the same way. She said that if the
restaurant went through, and was permitted, there would be three
liquor -oriented businesses within one block.
1
Mayor Henderson said that the City Manager would inform the Homsys of
his findings.
OUrelikI. Ct�LLI
None
Referral Items
Action Items
First reading 10/15/79)
The Planning Commission r(commends that Council approve the ordinance
amending the P -C zone at 3401 Alma, and find that it will have no significant
impact on the environment.
ORDINANCE 3163 entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING
ORDINANCE 1362 TO ALLOW FOR SALE AND SERVICE
OF MOPEDS IN THE P -C ZONE LOCATED AT 3401 ALMA."
,;:RYAN ?
`C OF CLASS I FI CATION
(First reading 10/15/79)
The Planning Commission recommends approval of the zone change and finds
that the rezoning is consistent with the adopted Comprehensive Plan, and
that the project will not have a significant impact on the environment.
ORDINANCE 3164 entitled "ORDINANCE OF THE
CI F PALO ALTO AMENDING SECTION 18.08.040
OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP)
TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN
AS 165 BRYANT STREET FROM R-1 to RN4-1."
5 (Cl :444:9 )
Staff recommends that Council approve the secorKi reading of the ordinance,
adopting a plan for improvements of the Recycling Center in Byxbee Park.
ORDINANCE 3165 entitled'ORDINANCE OF THE
COUNCIL OFYHE CITY OF PALO ALTO APPROVING
AND ADOPTING A PLAN FOR THE IMPROVEMENTS
OF THE RECYCLING CENTER IN BYXBEE PARK."
Staff recommends that Council approve the following ordinance, for first
reading:
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO ADDING SECTION 16.20.0'95 TO THE
PALO ALTO MUNICIPAL CODE TO ALLOV OFF -SITE
MURALS AND ADVERTISING FOR NON-PROFIT ART
ORGANIZATIONS.
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giWW_AMEODMENT
ORDINANCE 3166 entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING THE
BUDGET FOR FISCAL YEAR 1979-80 TO TRANSFER FUNDS
FOR THE PARKING MONITOR SUBPROGRAM TO THE POLICE
DEPARTMENT FROM THE TREASURER'S OFFICE.,'
E
1►TRAC (CMR:455:9)
Staff recommends that Council authorize the Mayor to execute a contract
with Power Anderson Construction Company for construction of an electrical
bore and conduit system under Foothill Expressway at Arastradero Road,
as specified in the plans and specifications.
AGREEMENT --ELECTRIC UTILITY CONDUIT SYSTEM
Power -Anderson, Incorporated
Pacific Telephone & Telegraph Company proposes construction of additional
underground conduits from its facilities at Ash and Chestnut streets.
This expansion is necessary to service growth within the City of Palo
Alto, especially growth in South Palo Alto which includes Stanford
Industrial Park. Staff recomends that Council authorize the Mayor to
execute the Grant of Easement document.
GRANT OF EASEMENT - Pacific Telephone
and Telegraph - Boulware Park
MOTION: Conncilmember Eyerly moved, seconded by Fletcher, that Council
approve the ordinances and authorize the agreement and easement. The
motion passed on a unanimous voice vote, Councilmember Fazzino absent.
Mayor Henderson said that the Planning Commission unanimously recommended
a negative declaration and approval of the amendment to Sections 18.94.070(c),
18.94.070(c)(3) and 18.94.070(c)(4), of the Zoning Ordinance that is
necessary for the wording of these sections to be consistent with (1)
the amended wording of the Co litre 1e ssive Plan Land Use E ieffie it an6 (2)
the '°criteria" for evaluating exceptions to nonconforming use termination
provisions as approved by the planning Commission on August 15, 1979,
and by the City Council on September 17, 1979. Mayor Henderson declared
the public hearing open. There being no speakers from the public he
declared the public hearing closed.
MOTION: Vice Mayor Sher introdt'ced the following ordinance and, seconded
by Witherspoon, moved its approval by Council for first reading:
ORDINANCE OF THE COUNCIL OF THE CITY
Or PALO ALTO AMENDING SECTION 18.94.070(c)
OF THE PALO ALTO MUNICIPAL CODE
Councilmember
uses" replace
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11/5/79
Renzel asked that in subsections 3 and 4 the words
the single word "uses."
`'land
1
Vice Mayor Sher agreed
M01I0N PASSED: The mo
passed on a unanimous
to that change.
tion approving the ordinance for first reading
vote, Councilmember Fazzino absent.
,01.0.1.11q1:0111
I rr, ,;,.: . • ► . • . P€TER C i�i:7..
1j�.r. ► ►i-011 jw M" tNAt4g41 Y.1tir�,•7M $, RE
Councilmember Witherspoon and Vice Mayor Sher did not participate because
Stanford University was their employer,
Mayor Henderson said that on October 17 the Planning Commission had held
a meeting which had been publicly noticed in the newspaper to consider
amendment of the Comprehensive Plan concerning Peter Coutts Hill. The
Planning Commission had unanimously recommended, one absent, that a
resolution be drawn amending the Comprehensive Plan: page 61, Major
Institution --multiple family residential, the second paragraph to read
"this designation is applied to Peter Coutts Hill in anticipation of the
Stanford University faculty housing development of approximately 125-140
units most of which will be available at below -market -rates. This housing
is to be combined with a contiguous reasonably shaped open space area of
approximately 4-6 acres including the top of the hill, and accessible to
the public."
Mayor Henderson declared the public hearing open.
Jim Culpepper, 2121 Amherst Street, said he represented College Terrace
Residents Association. He recalled the recent Council meeting when, at
12 o'clock midnight "...when everyone was exhausted, including myself,"
Council recommended 4-5 acres of Peter Coutts "sill be given over to open
space. Since that time, he said, Stanford had begun to fence off space
west of Junipero Serra Boulevard, and to him that meant that open space
on Peter Coutts Hill became of even greater concern. He said that the
queer on of whether or not Council should amend the Comprehensive Plan
to abandon the objective of providing low- and moderate -income rental
housing on the site had received very little discussion. He said that on
October 15 the question of whether or not Palo Alto should annex the
site, as had been requested in 1972, he said, received "...even less
discussion because of the lateness of the hour." Mr. Culpepper said he
understood that the Policy and Procedures Committee was to take up the
question late in November, and that the Santa Clara County Planning
Commission would not consider Peter Coutts Hill until January, 1980. He
thought that gave the City plenty of time to decide to take a position
for or against annexation, and also to decide if the City should abandon
the objective of having at least some subsidized rental housing built on
the site. He said "A Section 8 program exists which could provide such
housing."
Mr. Culpepper continued. He said that the Council's original intent in
designating Peter Coutts Hill as multi -family development had been to
provide subsidized rental housing. He said he had not heard a good
reason why Council should abandon that intention. He asked that Council
abandon the idea of amending the Comprehensive nen until the Policy and
Procedure's Committee considered the pros and cons of annexation, and the
feasibility of including some Section 8 rental housing in the project.
He thought that perhaps Policy and Procedures Committee could have
recosmendations for Council in Decor; Council could then act on therm
well in advance of the County Planning Commission hearings scheduled in
January.
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11/5/79
Mayor Henderson ascertained that no other people rrom the public wished
to speak on the topic of Peter Coutts Hill.
MOTION: Councilmember Eyerly introduced the following resolution and
seconded by Levy, moved its approval by Council:
RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO ADOPTING AN AMENDMENT TO
THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT
OF THE CITY OF PALO ALTO
Councilmember Brenner said that the paragraph recommended for deletion
on page 61 discussed prezoning. That paragraph had been written in
anticipation of annexation of. Frenchman's Terrace. Stanford was offering
both the hill and the road for annexation. The substitute paragraph for
that which was proposed to be deleted, Councilmember Brenner said, "...deals
effectively with site and design approval but it fails to address the
subject of annexation." Councilmember Brenner noted that possible annexation
of Peter Coutts Hill and road had been referred to the Policy and Procedures
Committee on October 15. With Site and Design discussion going forward
in Committee the county deadline of October 19 could be met, it was
thought. Councilmember Brenner said she would like to make a motion to
continue the matter now before Council until Council had received a
response from the Policy and Procedures Committee on that aspect of the
annexation referral dealing with Peter Coutts Hill and Road,
Corrected MOTION TO CONTINUE: Councilmember Brenner moved, seconded by Brenner, that
See Pg.3O4Courrcil continue the matter until it had received a response from the
12/3/79 Policy end Procedures Committee on that aspect cf the annexation dealing
with Peter Coutts Hill and Road and until Council had had time to act on
the matter.
Councilmember Renzel ascertained from Councilmember Brenner that Councilmember
Brenner expected that if the matter returned from the Policy and Procedures
Committee by December the county could consider the matter concurrently
with the Site and Design approval.
William Zaner, City Manager, said that staff, at that late hour on
October 15, had understood the motion was that the Policy and Procedures
Committee study the matter of annexation of Stanford, and not to study
the matter of possible annexation of Peter Coutts Hill. He said preparations
were underway. to .sendto the Policy and Procedures Committee material on the
larger annexation.
Mayor Henderson said he recalled that there had been a motion to condition
approval on annexation of Peter Coutts Hill; that motion had been defeated.
Councilmember Fazzino had rade a motion later to refer the question of
entire annexation of Stanford land. Annexation of Peter Coutts had not
been a condition of approval. He thought perhaps new directions should
he-;iYe1'.
Councilmember Brenner said the point she was making went back to May 14
when a motion had been nude to continue the subject of annexation and a
report from staff within 63 or 90 days on that topic had been requested.
That report flva staff had returned to Council June 7; her vote for
Site and Design Review did not assume that the subject of annexation of
Peter Coutts Hill and Road was being dropped. Therefore she was moving
to continue until the subject of annexation could be resolved.
Mayor Henderson said he agreed with the City Manager --he did not think
the matter could be continued on the basis given by Councilmember Brenner --
that had not been the assignment. He thought new direction to both the
Committee and to staff would have to be prepared that was related to
annexation of Peter Coutts Hill and Road.
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11/5/79
Councilmember Brenner said that her motion could be passed and then a
specific assignment to staff and the Committee could be made. She had
thought staffs June 7 report entitled "Peter Coutts Hill: Proposed
Stanford development" had directly addressed the subject of annexation.
Councilmember Renzel said she had understood tha, the assignment about
annexation was under the Peter Coutts item; it had been made in order
not to hold up the Site and Design review, but the motion had not excluded
Peter Coutts 011 and Road from the subject of annexation and the motion
had been made in connection with discussion of Peter Coutts.
Mayor Henderson emphasized that a specific motion related to Peter
Coutts Hill had been defeated; the subject of annexation of all of
Stanford came up then, so that was like a new iteii that Council had
permitted to be entered that night.
A discussion ensued as to whether or not Council, by its motion of
October 15, had asked that the Committee discuss annexation of all
Stanford lard, or annexation of Peter Coutts Hill.
Haphtali Knox, Director of Planning and Community Environment, said that
some people had the assumption that in the Comprehensive Plan 'Major
Institution--multi-family" had meant in 1972 that only low- and moderate
income housing approved in prezoning would be allowed. Mr. Knox said
his position was that the plan map showed that Major Institution --
Multi -family Residential was an inaccurate designation because the paragraph
in the Plan was ambiguous and needed the clarification of the proposed
change before Council now. After much discussion of the paragraph the
Planning Commission had decided that rather than remove the paragraph it
would expand on it so that it would relate to the present proposed
development. There was no mention in the Comprehensive Plan text that
referred to annexation. Mr. Knox thought that discussion of annexation
was not relevant because the Comprehensive Plan covers areas within the
City of Palo Alto and unincorporated areas within the City's sphere of
influence. Mr. Knox asked if Council wished to focus on a change in the
Comprehensive Plan and if so if it wished to follow the Planning C ission
recommendation or perhaps delete the paragraph.
Councilmember Brenner said that prezoning anticipated annexation; she
had not assumed that discussion of the larger annexation would not
include discussion of annexation of Peter Coutts Hill and Road. She
said she could rephrase her motion to asked that the June 7 staff report
be brought up to date on the subject of Peter Coutts Hill. That would
also bring the newly seated Councibrr ers up to date.
MOTION TO CONTINUE RESTATED: Councilmember Brenner restated her motion,
by Renzel, asked that Council direct staff to bring up to date the June
7, 1979 report, CMR:287:9, on the subject of Peter Coutts Hill and Road,
and refer that report to the Policy and Procedures Committee.
Mr, caner said that a draft copy of the minutes of October 15 noted that
Councilmember Fazzino had moved "...that staff study the question of
annexation." He agreed that the motion was ambiguous. The present
restarted motion clarified that ambiguity,
Councilmember Brenner noted that CPiit:287:9 had never been referred to
the Policy and Procedures Committee.
Mr. Knox said he had sent copies of the following paragraph to people at
the county office and also to Mr. Culpepper an October 1b, the day
after the Council meeting, "In a separate mmtion, and by the same vote
(7.0) the Council referred the matter of annexation (of Stanford land)
to the Policy and Procedures Committee to review the staff report (of
five years ago) on the same subject." ter. Knox said he had added, "lt
was clear from the Council's discussion that while some Council bers
and, seconded
2 50 ..
11/5/79
were willing to discussion annexation of Stanford's faculty and staff
housing areas, it was the intent of the Council that the project proposed
for Peter Coutts Hill, which will ,provide much needed housing .in the
Palo Alto/Stanford area, not be delayed and subjected to inflationary
increases while the question of annexation is more carefully and deliberately
pursued."
Mayor Henderson said he was disappointed that the entire topic was going
to be re -opened and earlier action was to be in effect cancelled. He
thought that Stanford and College Terrace people should have been notified
that Council "...is going to re -do this whole business, because we are
taking a Comprehensive Plan change of a technical item and working it
back into a re -doing of the whole Peter Coutts subject."
Councilmember Fletcher recalled that on October 15 Council has not
wanted to hold up the project in order to inquire into the matter of
annexation --she thought that if Council decided it did want to annex
Peter Coutts the result would be that the project would be delayed.
Councilmember Brenner pointed out that Site and Design Review had gone
forward.
Mayor Henderson said that it seemed clear that if annexation became a
requirement the project would be delayed.
Councilmember Renzel said she had thought the Council had approved the
concept of the project and it would not be subject to new approvals. She
wanted the possibility of annexation to be considered; she did not think
it would interfere with the progress of the project.
MOTION TO CONTINUE =AILED: The motion that Council continue the matter
until it had received a response from the Policy and Procedures Comittee
on that aspect of the annexation dealing with Peter Coutts Hill and Road
and until Council had had time to act on the matter, failed on the
following vote:
AYES: Brenner, Renzel: Levy
NOES: Eyerly, Fletcher, Henderson
ABSENT: Fazzino
NOT PARTICIPATING: Sher, Witherspoon
Mayor Henderson said that the motion that Council adopt the resolution
wing the Comprehensive Plan was now before Council.
AMENDMENT: Councilmember Levy moved that after (d) in the proposed
resolution the following words be inserted: "...which will be financed
by Stanford so as to bring the cost below market rate," Mich words
would replace ",..which will be available at below market rate."
Councilor Levy explained that he had moved the amendment because
advantageous financir+g to be provided by Stanford would price the units
at below -market cost.
The amendment died for lack of a second.
Councilrember Renzel asked if there were any urgency about changing the
Compnehensiye Plan,
Mr. Knox replied that he thought the change was necessary --he thought
that if the resolution was not approved the project would not go forward
because if it could not be stated at the county hearing that the project
was in conformance with the Comprehensive Plan the county could not approve
it. Though the county hearing did not take place until January the
county staff had to draw up its report preparatory to that. Mr. Knox
251
11/5/79
said he had informed the county that the Palo Alto Planning Commission
had held a meeting October 17 and passed on a unanimous vote a negative
declaration, with the matter to go to Council November 5, that present
day.
Councilmember Renzel said she supported the concept of the project; she
wanted the subject of annexation addressed, however, before the Comprehens
Plan was amended --She said "I think the Comprehensive Plan should be
directed to land use, and not the other way around, and for that reason,
I'll vote against this amendment at this time. . ."
MOTION FAILED: The motion that Council adopt the resolution amending
the Comprehensive Plan to accommodate to the land use required by proposed
development of Peter Coutts Hill failed on the following vote:
AYES: Eyerly, Fletcher, Henderson, Levy
NOES: Brenner, Renzel
ABSENT: Fazzino
NOT PARTICIPATING: Sher, Witherspoon
City Attorney Roy Abrams noted that the Council had taken final action --
the hearing process would have to re -commence. He explained that the
patter could be re -continued if a member of the 'winning' side, in this
case those who voted against the project, were to request that the
matter be reconsidered. He thought that might place Council back in its
position previous to having voted the ,utter down.
MOTION TO RECONSIDER: Councilwoman ReilLei moved, seconded by Brenner,
that Council reconsider this matter and continue to a date in December,
about four weeks from the present.
Mayor Henderson asked Naphtali Knox how that date would suit with the
Planning Department.
i ve
Corrected
See P. . 334
12/3/79
Councilmember Brenner said she had talked with Councilmember Fazzino who
had said he was going to put the item of annexation on th -agenda of he
Policy and Procedures Committee meeting of November 6. She did not know
why that had not been done. She thought that with the motion to reconsider
the Policy and Procedures Committee could schedule the total subject of
annexation and the Peter Coutts matter, and return to Council with a
response.
Councilmember Eyerly asked if he could amend the motion to reconsider.
Me. Abrams said that the initial motion to reconsider had to be dealt
with first. He said "It was not impermissible to combine them (i.e.,
the proposed four weeks' time) but I think the initial motion is to
reconsider."
Mayor Henderson said he preferred that only the motion to reconsider be
dealt with at present, then discussion could take place.
Councilor Rensel said she was only willing to move to reconsider
with the four -week continuance stipulation.
Mayor Henderson asked if the motion could be separated.
Mr. Abrams said he thought the motion could be separated but in light of
Councilmember Renzel's desire to reconsider only if the motion included
continuance, he thought there might be no motion at all.
252
.11/5/79
Councilmember Eyerly said he understood then, that the chair had the
prerogative to allow an amendment to the motion, which was two -pronged.
Mr. Abrams said the Municipal Code permitted the chair to split a
motion but he thought in this case that if the motion were split the
motion might be withdrawn.
Mayor Henderson said he thought the only way the project could be kept
alive was to pass the motion to reconsider with continuance included.
MOTION TO RECONSIDER PASSED: The motion to reconsider for continuance
to December passed on a unanimous vote, Councilmember Fazzino absent,
Vice Mayor Sher and Councilmember Witherspoon not participating.
Hr. Abrams said he thought the motion to reconsider also included the
continuance of the matter, and so both actions had been taken care of.
Mayor Henderson said that now Council had to give direction to staff,
because staff had before it only the general annexation of Stanford
land, and would not specifically address Peter Coutts Hill and Roed.
Councilmember Brenner said she had thought that if the 'whole' were
considered, that is, Stanford land, that the 'part,' namely Peter Coutts,
would be included.
Mayor Henderson said that the assignment to staff to consider annexation
of Stanford would take time as it was a major subject; staff had not
been given instruction to separate out Peter Coutts Hill for study and
report.
MOTION: Councilmember Brenner roved, seconded by Renzel, that Council
direct staff to bring up to date the June 7, 1979, report (CMR: ?87:9) on
the subject of Peter Coutts Hill, and refer that report to the Policy
and Procedures rnmmittee.
Mayor Henderson said he guessed the notion had to be supported or the
project would be brought to a halt.
Councilmember Renzel said it had been intended that Peter Coutts be a
part of the general discussion on annexation.
Councilmember Eyerly observed that Councilmembers who had voted on the
measure were absent at this meeting and so two individuals were bending
the Council to their will. "I think we're all interested in housing but
I fail to gain the thrust of how we're helping the housing situation in
Palo Alto by the delay and it distresses me...and I just want that to be
in the record."
Councilmember Renzel said that she thought that if the report came to
Council in four weeks there would be no subsequent delay.
Mayor Henderson regretted that there had been an absent Councilmember
her
that evening. He called for a vote on the direction to staff to prepare
material on the Peter Coutts annexation, and the Policy and Procedures
Committee to handle that information and report to Council within one month.
MOTION PASSED: The motion, that Council direct staff to bring up to
date the June 7 report of CMR:287:9 on the subject of annexation of
Peter Coutts Hill and refer that report to the Policy and Procedures
,:'ommittee, with it to be returned to Council in about four weeks, passed
on a unanimous vote, Councilmember Fazzino absent, Vice Mayor Sher and
Councilaymber Witherspoon not participating.
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11/5/79
1
Vice Mayor Sher, chairman of the Finance and Public Works Committee,
said that the item concerned construction of the Advanced Wastewater
Treatment Facility (AWTF) which is nearing completion, He said that the
granting authorities providing a large portion of the funds for the
project required that certain things be done after the project reached
the $0 percent completion level i.e., revision of the municipal code
pertaining to industrial wastes to meet the federal sewer use requirement;
adoption of a revised rate schedule to be based upon the quality of the
water as well as quantity of sewage discharge; execution of amendments
to agreements with the City's partner agencies, that is: Mountain View,
and Los Altos, in order to allocate costs based upon both quantity and
quality of sewage treated. He said the Committee had considered those
three matters.
MOTION: Vice Mayor Sher, on behalf of the Finance and Public Works
Committee, introduced the following ordinance for first reading amending
the municipal code to meet federal sewer use requirements, a resclution
changing the rate schedule accordingly, and an addendum to the agreement
among Palo Alto, Los Altos and Mountain View for maintenance of the
joint sewer system,
ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING VARIOUS SECTIONS
OF CHAPTER 16.09 OF THE PALO ALTO MUNICIPAL CODE
(1st reading)
RESOLUTION 5746 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING SCHEDULES S-1
AND S-2 AND REPEALING SCHEDULES S-1-0 OF THE
CITY OF PALO ALTO UTILITIES RATES AND CHARGES
PERTAINING TO WATER, CAS AND SEWER PATES,"
ADDENDUM 2 TO BASIC AGREEMENT among the cities of
Palo Alto, Mountain View, and Los Altos, for
acquisition, construction, and maintenance
of a joint sewer system.
Vice Mayor Sher emphasized that as had been noted in Committee meeting
the proposed changes were desirable in and of themselves, whether or not
an outside agency required them. It was apparent to all that rates fnr
sewage treatment should be based on what kind of sewage was to be treated,
and how much.
Ed Aghjayan, Director of Utilities, said staff had recommended that the
item be kept in Committee so that staff could make specific recommendations
later regarding an addition to staff so that quality of the effluent
could be monitored and maintained according to current standaa ds, Page
8 of the report, he said, gave some other procedures.
Councilme er Renzel said that the report contained discussion of Industrial
Cost Recovery (IRS) program aimed at getting back the grant money --was
that aimed at repaying the grant to the federal goverment? or was it
aimed at accumulating equivalent funds? What happened to the ICR fund?
Mr. Aghjayan replied that as the funds were recovered 50 percent of them
would be returned to the federal goverment with the balance to era i n
in the City's fund for its use, exact limitations of which were not yet
known but they would be available at the City's faci dty for capital
replacement. The rate structure Council had before it incorporated the
Industrial Cost Recovery program and the two additional staff positions
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which staff would be recommending to the Committee soon; if the addition
of the two staff positions were not approved those costs could be eliminated
from the rate structure.
Councilmember Renzel recalled that at the time of the Site and Design
review for the current wastewater facility improvements a motion had
been made toward generating information relating to the land use. plans
of the participating communities and what projected sewer needs would be
and how much capacity there was to share among the communities and still
meet water quality standards. Councilmember Renzel said she did not
want the City to find itself in the position within ten years or so of
having t.o expand the plant for lack of present planning --the City was
the lead agency and there was much money involved; had there been a
report made on that yet? she had not seen it.
Mr. Aghjayan remembered that the assignment had been very complex with
quite a few parts to it. A report had been submitted to Council some
weeks back. He would tell Councilmember Renzel the number and date of
the report tomorrow.
Mayor Henderson referred to page five, first paragraph and he read:
"What occurred at San Jose (a sewage spill) is that the cannery waste
created an operational problem. . ." Mayor Henderson said that has
since been proven to be incorrect, and was not the cause of the sewage
spill. He said there were renewed pressures for the South Bay Dischargers
pipeline and every positive step Palo Alto took increased chances of
avoiding the necessity for that pipeline. Various entities had to be
self -monitoring on effluent, and plant management had to be alert and
report any kind of problem --lack of sech monitoring had led to the San
Jose spill.
Councilmember Brenner recalled that Councilmember Fletcher had asked
about the difference in cost of handling for pre-treated sewage as
opposed to treatment of sewage that had fewer pollutants. She said she
had not understood the answer.
Steve Hayashi, Superintendent, Water Quality Control Plant, said that
there were certain fixed costs for treating the water on an overall
basis. That meant that pre -treating of sewage did not necessarily lead
to lower costs to that company which pre-treated, and industries which
did pre -treat would still be charged rates according to their ~Hass
emission. Their rates would not be less.
MOTION PASSED: The motion that Council adopt the recommendation of the
Finance and Public lurks Committee, approving the ordinance and addendum,
and adopting the resolution, passed on a unanimous vote, Councilmember
Fazz#no absent.
Councilmember Fletcher said there was increasing concern, and even
alarm, about the rate and extent of development of the Lake Tahoe region.
She said that unless the development were halted the lake, as it was now
known, world be destroyed, The Tahoe Regional Planning Agency (TRPA)
had been formed in an attempt to save the lake and • region, but its
efforts had been ineffective and the agency was dissolving, due to lack
of funding and subsequent resignation of key personnel. Immediate
action was called for, Councilmember Fletcher said, and a proposal to
make Tahoe Basin a national recreation area had been made. The Bureau
of Land Management would sell some property it owns near Las Vegas,
Nevada, with proceeds from the sale to go toward purchase of property in
the Lake Tahoe Basin area in order to preserve it. Councilmember Fletcher
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said she requested that the Palo Alto City Council to support the plan --
though the region was far away the region's wonderful and unique qualities
warranted Council's efforts to preserve it --only one other lake had such
qualities, and that was in the Soviet Union. She said only 29 percent
of the Tahoe region land was privately owned and the balance was owned
by federal or state government. Of that 29 percent of privately owned
land local residents owned less than one-fourth. The region provided a
haven for ►=esidents of Santa Clara County, and so support of Santa Clara
County residents was fitting. She listed other California communities
that had given their support to the effort toward preservation.
MOTION: Councilmember Fletcher moved, seconded by Renzel, that Council
approve a proposed HLC resolution of support for creation of a national
recreation area in the Lake Tahoe Basin, with the resolution to be
presented to the National League of Cities, as requested by Mayor Janet
Gray Hayes of San Jose, for consideration at the National League of
Cities convention to be held in Las Vegas.
Lloyd Krause, Los Altos, said he represented the Sierra Club Lake Tahoe
task force and also the League to save Lake Tahoe, of which he was a
director, and also a member of the National Scenic Area Committee. He
thanked Council for addressing the matter of preserving the Lake Tahoe
area, and he urged adoption of the resolution supporting the creation of
a national scenic area and/or national recreation area. He said Council's
support would be in keeping with its reputation for enlightened government
and leadership in urbanmanagement. He repeated that accelerated urbanization
of the Tahoe Basin was threatening to destroy the area's unique natural
features. He said those natural features were unsurpassed even by Lake
Baikal in the USSR. He said sewage spills were not uncommon at the
lake, because it happened about every six weeks. Flushing time at Lake
Tahoe was about once every 700 years, he said, and pollutants lasted
about 30 human lifetimes. He gave statistics about ownership of shoreline,
and said the lake itself was now publicly owned. He held that all
Californians and indeed all United States citizens were stakeholders in
the public ownership of the Lake Tahoe Basin.
CCouncilme€nber Eyerly said he would like more information; the money
raised from the sale of bureau of Land Management land was to go to the
U. S. National Forestry to purchase the lakeside land and operate it as
a national scenic areas and the U. S. National Forestry did not have a
scrupulous record for protection of lands, he said. Councilmember
Eyerly said he would support the motion to submit a resolution, but he
wanted those working toward preservation of the lakeside land to explore
other a venues and to specify how the area was to be governed. He noted
the absence of such names of sponsoring entities as Friends of the Earth
and League of California Cltiec_
Vice Mayor Sher said he had told Counci 1r Fletcher that he wws
concerned about Council taking positions on such matters. He said he
agreed with the steps being suggested for preservation of the area but
his own philosophy had been that he had not been elected to take positions
on affairs not closely related to the City's well being. He wanted to
be consistent with his philosophy and he would abstain on the motion..
Councilmember Bremer agreed with of her Counci lmem ers' statements yet
she would support the motion for she felt the watersheds of the state
were vital to everyone's interests.
Councilmember Levy agreed with Vice Mayor Sher and he said he would
abstain.
Councilraw ber Renzel said she agreed with Councilmembers' statements but
she would support the general concern the resolution spoke to.
Mayor Henderson said that a desperate point of development of Lake Tahoe
had been reached, and the preservation of the area was worth working
for -he would support the motion.
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MOTION PASSED: The motion that Council approve a proposed NLC resolution
of support for creation of a national recreation area in the Lake Tahoe
Basin, with the resolution to be presented to the National League of
Cities, as requested by Mayor Janet Gray Hayes of San Jose, for consideration
at the National League of Cities convention to be held in Las Vegas,
Nevada, passed on the following vote:
AYES: Brenner, Eyerly, Fletcher, Henderson, Renzel,
ABSTAIN: Levy, Sher, Witherspoon
ABSENT: Fazzino
ADJOURNMENT TO PERSONNEL EXECUTIVE SESSIQN!
Council adjourned to Executive Session re personnel at 9:00 p.m.
FINAL ADJOURNMENT
The Executive Session and the regular meeting of November 5, 1979, were
adjourned at 10:45 p.m.
Al, /r'
City Clerk ,,�
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APPROVE:
Mayor
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