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HomeMy WebLinkAbout1978-09-11 City Council Summary MinutesITEM Minutes of August 14, 1978 Oral Communications Richard J. Herndon, 1554 Walnut Drive Frank Manfredi, 219 Addison Avenue Regular Meeting September 11, 1978 PAGE 150 150 Consent Calendar - Action Items 1 5 1 Agreement to Purchase Real Property - Old Pole Yard 1 5 1 (CMRf 396 :8) Amendment to Agreement for North Santa Clara County Munlripal 1 5 1 Solid Waste Management Joint Exercise of Powers Agency (JPA) (CAR :348 :8) Award of Contract: Recreation Basketball Officials.Bureau 1 5 1 (CMR:356:8) Award of Contract for Gas -Leak Survey (CMR:399:8) 1 5 2 Sol Park Improvements Phase 11: Consultant Contract, Park 1 5 2 Improvement Ordinance and Lease (CMR:405:8) Acceptance of Tax Anticipation Notes (CMR:403:8) 1 5 2 Request of Vice Mayor Henderson and Councilmember Clay re 1 5 2 Application of Louis Kao for Building Permit Ordinance Establishing Procedures for Issuance of Utility Revenue 1 5 3 Bonds (CMR:4o4:8) Resolution Expressing Appreciation to Supervisor Sig Sanchez 1 5 4 Upon His Retirement Speed Trap Versus Radar Speed Enforcement Veterans Building Roof Repairs Status Report (CMR:407:8) Recess to Executive Session Veterans Building Repairs Statue Report (continued). Request of Council ebers Steer and Witherspoon re Allocation of Space in Veterans Building to Humane SQcitty and Other Organizations (Continued frd August 28 and Septemoer 5) 148 9!11/78 154 154 157 157 159 • i ITEM Public Hearing: Baylands Master Plan and Environmental Impact Report —Review of the EIR (CMR:4O6:8) Recess Emergency 1 teit Gas Rate Increase Introduced by George Sipel, City Manager Yacht Harbor Landscaping: Cost Participation and Maintenance Agreements with Santa Clare County (C#4I:382:8) Request of Counci lmember Fazzino to Refer the "Pa Zone Element of the Zoning Ordinance to the Planning rommi on r s4t fo Review (Continued from 8/28/78 and 95/78) -_ �_ _ _.. . _. Request of Counci l berRs Eyerly and Clay, and Mayor Carey re Stanford Hospital Request of Council hers Eyerly, Fazzino and Witherspoon re Presbyterian Church Use Permit Request of Mayor Carey re Santa Clara Grand Jury Transportation Committee Request of`I yor Carey re A I M Study on Jo`.s/Housing Imblance Adjournment PAGE 159 166 166 167 1 T1 172 1 72 173 174 175 149 9/21/78 Regular Meeting September 11, 1978 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Carey presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino (arrived 7:45 p.m.) Fletcher, Henderson, Sher, Witherspoon ABSENT: None MINUTES. OF AUGUST 14e_19161 Vice Mayor Henderson asked that on page 91, the eighth paragraph read instead, "Vice Mayor Henderson ascertained that Mr. Grant favored the Witherspoon ordinance, and that it was very similar to the suggested ordinance that he had shown Vice Mayor Henderson a week before." Councflmem$er Brenner asked that on page 94, the last sentence in the third paragraph read instead "She said landlords had the :rivilege of collecting signatures and placing the matter on the ballot as a parallel." Mayor Carey asked that on page 84, the sentence in the eighth line of the seventh paragraph read instead, "Mayor Carey said it was understood that he had a partial ownership in buildings at 180 and 170 University Avenue." Mayor Carey asked that on page 85, the first sentence in the second paragraph be eliminated. Mayor Carey asked that on page 85, fourth paragraph, the first sentence read instead "Mayor Carey said that as he read the regulations he was free to participate except if the section dealing with 'increase' in value also meant. 'decrease' in market value." MOTION: Councilmember Witherspoon moved, seconded by Henderson, that Council approve the minutes of August 14, 1978, as corrected. The motion passed on a unanimous vote, Councilmenber Fazzino absent. ORAL COMMUNICATIONS 1. Richard J. Herndon, 1554 Walnut Drive, said that the Utilities Department had conceded to the petition of residents to have a line of utilities on Walnut Drive. The price for moving eight utility poles. from rear yards into the community garden area had been given as $31,000. Mr. Herndon said the price was too high even though neighbors nearby were willing to share expense. Mr. Herndon said "! think we'll let that luxury lapse," but he asked that City tree trine:1 care in truing around the utility poles, where there were cherished plantings. 2. Frank Manfredi, 219 Addison Avenue, raised the question of school taxation, saying that Representative McCloskey had mentioned that there was discussion of federally controlled schools. He deplored the duplication of administration in innumerable school districts and the costly offerings of non-academic activities. He suggested that education could be handled by television. 150 9/11/78 Councilmember Fazzino arrived at 7:45 p.m. CONSENT CALENQAR 1 Councilnember Sher asked that the matter concerning issuance of Utility Revenue bonds be removed from the consent calendar. Ytce Mayor Henderson asked that items relating to an expression of appreciation for Sig Sanchez and radar speed enforcement be removed fro the consent calendar. Councilmember Brenner asked that her vote be recorded as "no" on the latter concerning the acceptance of tax anticipation notes. The following items remained on the consent calendar Referral Items None Action Items AGREEMENT TO PUR HASE REA. PR PERTY Staff recommends, the offer and agreement having been approved by the City,Attorney's office and the City Controller, that CoUnci1 authorize the mayor to execute the offer and agreement reflecting the high bid - submittec$ by John N. Anderson and Wi 11 i an H Bari bawl t; and aufhorl te, thelD1rettor of Purchasing to return the 35,400 proposal deposits to the unsuccessful bidders; OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY -, John M. Anderson and William H. Barib.ult J` 1' jf �� Fig .1:: Staff Winds that the City Councilo acting as the General Administrator for the Joint Pon+ers Agency, approve the contract amendment wi th Ruth, Gains ehd Curtis, Incorporated. AMENDMENT NUMBER 1 TO AGREES DER 3870 , PROFESSIONAL SERVICES --SANITARY LAM .STUD, Ruth, Going and Curtis, Inc.. AMID OF cc�T_ :368:8) Staff recommends that the City Council authorize the Mayor to execute the tract with the Metropolitan Officials Association for the 1978-79 basketball . season. 1 5 1. 9111/76 CONTRACT FOR OFFICIATING AT YOUTH/ADULT BASKETBALL PROGRAM FOR 1978-79 Recreation Basketball Officials Bureau AWARD OF CONTRACT G S -LEAK SU VEY (CMR:399:8) Staff recommends that Council authorize the Mayor to execute the contract with `the firm of Smith and Denison to perform this fiscal 'year's gas leakage surrey. AGREEMENT --Smith and Denison BOL PARK IMPROVEMENTS PHASE II: CONSULTANT Staff_recommends that Council authnei a the MlAym*__::.. ,..,_.:td r - _ with,Jack 8uktehica, approve the park .improvement ordinances the mayor to execute the lease amendment with Stanford. AGREEMENT --PROFESSIONAL CONSULTANT SERVICES--BOL PARK IMPROVEMENTS -PHASE II Jack W. Buktenica ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN - FOR CONSTRUCTION OF PHASE II LANDSCAPING AND OTHER IMPROVEMENTS IN BOL PARK [�.v .rd11 i7. 6:LV and authorize AMENDMENT 4ENT TO LEASE -- Stanford University--Bol Park ACCEPTANCE OF TAX ANTICIPATION NOTES (CMR:403:8) Staff recommends that Council adopt the resolution selling $5 million of City of Palo Alto temporary notes for the fiscal year 1978-79, and fixing the definitive interest rate thereon. RESOLUTION 5592 entitled "RESOLUTION SELLING I L C 1 rf OF PALO ALTO TEMPORARY MOTES FOR THE FISCAL YEAR 1978-79 AND FIXING THE DEFINITIVE INTEREST RATE THEREON." MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that Council apreve the resolution, adopt the ordinance for firs reeding, - and am3thortze the Mayor to execute the agreements. The motion posed on a unentmobs vote, Councilmember Brenner voting no on the resolution selling tax anticipation notes. MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that Council Corrected bring the matter concerning an application for a ouilding permit forward. see page The motion passed on a unanimous vote. 255. RE EST OF VICE MAYOR TI Mr. Lou Green, Assistant City Attorney, said that a letter from an attorney for Louis Keo referred to a policy on applications for building 152 9/11/78 permits that had been adopted by Council on June 19, 1978. Mr. Green said his office inquired into the matter and found that Mr. Kao'e project had received Architectural Review Board approval prior to June 19, 1978, and would be allowed to proceed. Mr. Shapiro, Mr. Kao's attorney, had been so advised. 1 f QRDINANCE MINCE OF UT ITV PRGCEDU DS FOR .404:8) Councilmember Sher said he had removed the ,matter of the utility revenue bonds to question both the procedure and the time as to when the final decision about proceeding lath completion of the fourth floor and installation of the elevator would be nude. He noted that a memo had said the ordinance had to be adopted because under state law revenue bonds could not be used for acquisition of ttility distribution systems, but only for generation systems. .ivwn i, 1101 counsel, 5aI a that the state law dealing with the subject was the Revenue Bond Law of 1941, and specifically excludes authority to finance electric .distribution systems by revenue bond procedures, Councilmember Sher asked if it was permissible to finance completion of the fourth floor and installation of a third elevator. Ken Jones answered that improvement of any utility enterprise, and also sewer and water eti l i ty improvement, and, with the City Hall being an administrative arm of the City's utility systems, it would be permissible under state law. Councilmember Sher said that the memo had said that there was need to finance the Barron Park distribution, but nothing had been said about financing the fourth floor and the elevator. Councilmember Sher said he did not want to push the matter but he recalled that there had been a question about whether or trot the City would go forward with the completion of the fourth floor and installation of the third elevator; that was to have comes back to Council for review. When would that happen? George Si pea , City Manager, said that the passage of the ordinance establishing procedures for is:;uance of utility revenue bonds was ".:.just an enabling piece of legislation which allows us to coo ahead with the Barron park project°' and subsequently with the other one should Council so choose. Staff ;would return to Council for that action. He thought it would do so within the next one or two months. MOTION: Councilmember Sher introduced the following ordinance for first reading and, seconded by Fazino moved its adoption by Council. AN ORDINANCE Of THE CITY PALO ALTO ADDING CHAPTER 12.28 TO TITLE 12 OF THE PALO ALTO MUNICIPAL CODE, RELATING TO PROCEDURES FOR THE AUTHORIZATION, ISSUANCE AND SALE OF UTILITY SYSTEMS REVENUE ADS Tho motion passed on a unanimous vote. 153 9/11/78 RESOLUTION EXPRESSING APPRECIATION RETIREMENT Frank Manfredi, 219 Addison Avenue, objected to honoring politicians who were self-serving. He would not honor Sig Sanchez. MOTION: Mayor Carey introduced the following resolution and, seconded by Clay, moved its approval by Council: � ��ci�i 5591 entitled "RESOLUTION OF .,.. ��....a RESOLD XON ent i t, ed RESOLU ION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO SIG SANCHEZ FOR OUTSTANDING PUBLIC SERVICE AS A MEMBER OF THE SANTA CLARA COUNTY BOARD OF SUPERVISORS." ThP motion p➢aesed on a unanimous vote. SPEED TRAP VERSUS RADAR SPEED FNFnRrFMF T Frank Manfredi: 219 Addison Avenue, said he thought use of radar was entrapment. He protested the recent speed enforcement effort of some months back and ethought allowable speeds should be painted on the road itself. He recounted two experiences that made him think policemen were "playing" with motorists. MOTION: Councilmember Clay introduced the following ordinance for,first reading, and, seconded by Henderson, moved its approval by Council: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REVISING CHAPTER 10.56 OF THE PALO ALTO MUNICIPAL CODE ESTABLISHING SPECIAL SPEED ZONES. The motion passed on a unanimous voice vote. VETERANS BUILDING ROOF REPAIRS MOTION: Councilmember C1a, moved, seconded by Witherspoon, that item 13, concerning allocation of space in the veterans building to the Humane Society and others, be moved forward for consideration: st the sane time as cons 1 dera ti on of the Veterans Building roof repairs. Counci imember Sher opposed moving item 13 forward. Roof and other repairs were matters entirely separate from proposed allocation of space in the building. If the City were not to spend significant slums on improvement of the Veterans Building 1 to a 13 would become moot. He did not want item 13 to influence the de€: i s i on on roof repairs, either. Mayor Carey agreed. He would ask that Council have an executive session if item 13 were moved up. He reminded Councilmembers brat six votes in favor were needed for a budget amendment. Councilmen Clay said he moved item 13 forward because he wanted those people waiting to speak on the matter to be able to address both issues. MOTION PASSED: The motion that Council move item 13 forward failed on the following vote: AYES: Eyerly, Clay, Witherspoon NOES: Brenner, Carey, Fazzino, Fletcher, Henderson, Sher 154 9/11/7$ Mayor Carey asked if Council should consider other than just the contract for roof repairs. He thoug'+t a budget amendment could pass, then there, was the matter of demolition. i 1 Assistant City Attorney Lou Green said he thought demolition would involve termination of the lease; that was separate from approval of the construction contract. That would require putting the matter on the agenda. Council, fiber Sher said the City Manager's report regarding the Veterans Building was called a status report and so anything mentioned:in the memo -could be properly discussed. Vice Mayer Henderson noted that it was a Council decision, from his reading of the report: Mayor ;Carey said that with a full Council it would be a good time for the *Jett to be discussed. If there were a pro,_e0eral problem, r4gerding Whether or not a matter were on the agenda, Council could at least ft.ke a_ policyvote. Mr. Green said the first item, according to Mr. Sipes, was the' status report;, the second item was the ordinance -the ordinance being one optton.offered in the staff report. He said that his earlier (statement about the necessity for placing the matter on the agenda was incorrect. Marshall Rush, 644 San Antonio Road, past president of the Palo Alto Historical Assiciation, spoke of the dedication by the State of California of the Veterans'Suliding as a landmark, November 11, 1976. He read foxy the dedicatory plaque, the building had been moved from its original site at Camp Fremont (Menlo Park) and was the only remaining structure from Worsts Ward 1 army training camps. It had been designed by Julia - Morgan in 1918 for use by the YWCA. Complete restoration of the 1918 building depended upon cooperation among the City of Palo Alto, United Veterans Council and the Citizen Advisory Committee of the Veterans. 8ui1ding, He spoke of former support of preservation of the builtiill by Council two years ego, and questioned the present turn toward demolition, Axel 8. Johnson, 1120 Fulton; gave some of his personal history since his residence in Palo Alto beginning it :930. He gave some of the diffic4lties veterans had had in retaining the building. He said roof repairs Would be made by Veterans with their own money and labor. He said he thougbt_other member/veterans would willingly share the building with other organizations, such as the Hum one Society, without charging them rent. He thought that since the City required additional reconstruction for safety, the City should pay for i t; Dorothy F. Refinery, Pprtola Valley, member of the Palo Alto Historical Association said that, when Mayor Diezliiiis Mayor of -Palo Alto, the Veterans building in 1969 was classified as one of the ten most important buildings in Palo Alto. Mt. P.egnery. thought the building was irreplaceable. She ri+inded Council ors that the Federal goverment had offered $13,700 to be stitched by local citizens. The state had said that it would see that the City received $54,750 from its historical sites funds around the first of November, when the Federel government made its allocations. The state fayored the idea of opening the use of the building up to other groups. She said the building had national significance. toil Worley, 1685 Naripose, spoke for the board of directors of the California Historical Association. The building had been listed as a Point of Interest and a California Landmark, and it had been placed on the National Register. She gave some of the uses to which the building had been put, and asked that Council return it to its caul ti purpose use. 155 9/11/78 /f �' Blrge M. Clark, 1490 Edgewood Orive, spoke as a member of the Citizens Committee that had been appointed by the mayor. He said just replacing the roor'with tar and gravel would have cost about $10,000, but earthquake hazard made that ill advised. As a native Palo Altan, a veteran, an architect, and.therefore very respectful of Julia Morgan's design, he found demolition unthinkable. Ned Gallagher, 440 Melville, confirmed the historical significance of the Veterans Building, He was on the Council in 1968 when this subject was discussed: Finances had been considered since 1968, a d he felt those efforts should not be dismissed. Personally, he found the possible deprivation to the veterans of the building was a waste of human resources Robert Moss, 4010 Orme, stated the City the building up to safety standards. Counei.l had been cut by 90 percent, and tatter Ci tidsint nstred ofti4sa.rnr $700,000 on the building. did not have the money to bring The budget for the Senior Coordinating similar cuts had been made Of Peter L. 3obbiano, 3138 Mt. Rainier, San Jose, said he was a charter ember of. the Palo Alto veterans group. When men were wanted for the war effdrt, they had been taken, hee thought the cost of reconstructing the building a very small amount to give in return. From having attended many oleic meetings he knew the money could be found. Council€mernber Witherspoon asked if just bracing of walls and roof were needed for the building: was a foundation needed? Mike Kelly, Cirector of Purchasing, replied that the report considered the reroofing project only, and did not include a foundation nor the sidewall bracing. touns:ilm t r Witherspoon said that in reviewing the 1975 report on the building she thought most of the needed repairs had been accopplished. Was the plumbing considered deficient, even under the new historic code? Mr. Kelly said that Palo Alto had not yet adopted the historic code; so the plumbing wouli be deficient. In response to other questions he Said. the electrical system was also deficient; heating had not been exariaed fr 'the standpoint of Building Code requirements; Fire hardware and - warning -systems had not been brought up to code, nor had the 'requi rements for handicapped. Earthquake bracing was needed in roof and Sidewalls. It was not known how much money would be available, though there^ was r strong possibility that they would get some or all of the $54,750 for Aid, they had applied. it had been requested that a delsion be delayed and that new owners be sought who would bring the building s:, to code . with phased construction according to the budget, and that the state' historical building code be adopted, "...especially for seismic requir eats." The most workable suggestion was that nothing be done until November;, Mt. Kelly said, though the $105,000 would still he an obligation of the City, and the City had already advanced that money. Countilmember Witherspoon said that she thought the City would have a problem selling the building because the City had leased it from Stanford, and it was under a park ordinance, she thought. Mayor Carey said the building, Councllmaaber Witherspoon said the project and with available and install a new foundation. 158 9/11/78 but not the land, could be sold. she thought the City had to progress on funds complete the roof and wall bracing Other things on the required list could 1V be accomplished with volunteer work. funds wrork_cpuld be done and another She wanted to do the roof before the wa11 s 'and 'foundation to begin in the With the $54,000 and matching phase of the project could begin. rainy season, with wo,k on the spring. Vice Mayor Henderson asked about personal liability of Courcilmembers. Would those'Councilmembers who had voted against fixing up the building be held liable? Don Maynor, Assistant City Attorney, said he preferred to talk about that in Executive Session. • Vice Mayor Henderson said that if the Veterans Building could not be put into safe condition the City would, in good faith, provide better and safer space, and veterans would not be "homeless." He spoke of the 1975 cost of roofing having risen from $20,000 to $193,763. He thought . repairs could reach "...hundreds of thousands of dollars...$700,000 was one estimate, to make the building safe for future use." th other • required budget cuts it would not be proper for the City to pay for them. There might De a pubic fundraising, till*ug At yr 5 t. tV s-i d a +ai. the City's retention of ownership during that period. Councilor Sher said he thought many questions could best be settled in executive Session. Mayor Carey agreed. RECESS TO EXECUTIVE SESSION Council recessed to Executive Session from 8:55 to 9:20 pm. to discuss problems connected with the Veterans Building. VETERANS BU Cori i n ie ING ROOF REPAIRS r Carey said an Executive Session had been held in part because of a dential memorandum from the City Attorney's office. Mr. Maynor wood summarize the contents of that memorandum. Air. Maynor said that the Building and Fire Departments had inspected the Veterans Building, and made the determination that the building was not safe. For reasons of safety to users of the building, and possibility of liability to the City as lessor, it had been decided_t,hat,.the building not be used pendinga decision by the City Council resolving the issue. iieyor Carey said that the issue of safety was separate from the issue of roof repairs, or other improvements, or ultimate disposition of the building, MOTION: Dior Carey moved: seconded by Henderson, that Council _direct the City Attorney to notify the Veterans Building tenants to vacate the premises for mesons of safety, without delay. The motion passed on e unanimous voice vote. MOTION: Councilmen er Witherspoon moved, seconded by Clay, that Council place the setter of proceeding with repairs on the Veterans (building on the agenda for the first Council meeting after November 1, 1978 when it was known what funds would be available. Councilor Witherspoon asked what kind of bracing would be ceded in VAS roof to the walls that wou i d tie in with the foundation. She 157 9/11/78 ee- understood that the matter of lateral bracing was not fully explored. She would include in her motion the request that staff have estimates on the other two phases of the Veterans Building repairs. George Sipel, City Manager, said the City might not have word from the State within the specified time. He preferred a less definite time. Mayor Carey said he thought the motion was asking for the staff report on the other phases of the repair by the first of November. Counci leer Witherspoon said information on cost estimates had been delayed for years. Councilma er Sher asked if there would be costs, other than staff time, try finding the information that the motion called for. Mr, Kelly said an engineer would have to be hired to determine the cost of the hra tnac, Pravin!! Pne4 'For rn++f s.,A A4s..s.y.an hze! at $10,500, with $3000 of the S1D,500 to go for changes mandated by'the federal goverment. He did not know what present costs for a new • esttmate would be. Councilor Sher said he was reluctant to vote for estimates on only two aspects of required work; advice was needed on how to achieve all the necessary work to make the building safe so that the building could be reopened. Previous estimates had run as high as $700,000. He repeated he was against spending money on more estimates when he knew the .City- ... was not in a position to make such large expenditures. He would oppose the motion. Mayor Carey said he thought the public might want to raise the money needed for restoration of the building. He would divide the motion two parts. FIRST PART OF MOTION PASSED: The first part of the motion, that the tatter of further consideration be continued to November 6, 1978, passed on a unanimous vote. AMA: Counci 1jer Sher moved, seconded by Henderson, that staff report on cost of all items necessary to restore the building to a safe condition. Counci lr Eyerly asked who would determi eye whether or not the building was safe. Counci lmamber Sher said he thought that enough work shoul a be done to rectify those shortcomings that caused the building to be closed as "unsafe.' Mr. Maynor said he thought the chief building official could make that judgment. ANEMMENT PASSED: The amendment that staff report on cost of all items necessary to restore the building to a safe condition, passed on a unanimous vote. SECOND PART OF NOTION PASSED: The second part of the motion, as mod, that staff report to Council on estimates for restoring the bui i di ng , passed on the fol l +owi ng vote: AYES: Brener, Carey, Clay, Ey r1y, Fanzine, Witherspoon NOES: Fletcher, Henderson, Sher 158 9/11/78 1 i1OTICN TO CONTINUE: Councilmember Clay moved, seconded by Henderson, that item 13 concerning allocation of space in the Veterans building to other social service organizations such as the Humane Society, be brought forward on .the calendar, for the purpose of continuance. - Counctlmeiber Sher said item 13 was a matter he had placed on the agenda together'wfth Councilmember Witherspoon and he wanted to 'drop the item, not continue it. MOTION TO CONTINUE PASSED; The motion to bring Item 13 forward for continuance passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Witherspoon NOES: Brenner, Fletcher, Henderson, Sher -RE EST OF COUNCILMEMBERS SHER OF e —e, an-, i s.hnn« Wzuali s i N hUAkiVE e gus an eptember 5) MOTION TO CONTINUE: Councilmember Clay moved, seconded by Fazzino, that the matter of allocation of space in the Veterans Building to the Hine Society and other organizations be continued to November 6 or a time thereto. MOTION TO TABLE: Councilmember Shea^ moved, seconded by Henderson, that the matter concerning allocation of space be tabled, Mayor Carey observed that a motion to table was not debatable. MOTION TO TABLE FAILED: The notion to table failed on the following vote: AYES: Brenner, Fletcher, Henderson, Sher NOES`: Carey, Clay, Eyerly, Fazzino, Witherspoon MOTION TO CONTINUE PASSED: The motion to continue consideretfon of allocation of space in the Veterans Building to other organizationt to November 6 or a time thereto passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Witherspoon NOES: Bremner, Fletcher, Henderson, Sher Mayor Carey expressed regretfor having had to keep ambers 4f the public interested in this item waiting. Motor Carey declared the public hearing open. 159 9/11/78 Emily Renzel, chairwoman of the Planning Commission, said that the Planning Commtstion .uad found the environmental impact report sufficient from which to make decis1ons on the Baylands master plan. Mary McLean, 415 Cambridge, spoke for the League of Women Voters. Ms. McLean said that the League did not have specific racomnentlations egarding the Planning'Commission's report of August 31, 1978, though it agreed with recommendations on limited aspects of the Flood Basin and the Refuse.Aree: The League favored covering the refuse area in a shorter rather'thaa a longer time. It felt Palo Alto should conclude a plan for iJ �rf li.,�.. �... along Sty continued i.tv ltirn:�. wi� ..�+'d•!: 11... Joint Solid Wat a_M..nagerei t, along--w.th In�olvementr wCtf the Jo nt Powers Agreement (JPA) and consideration of alternate methods of'solid waste dispesai. The League thought priority should be given to plans 'already approved, specifically to the third phase of the last dredging operation --the landscaping project, The League of Women Voters posed -the questions, "What would the City do if the County did not have money for future development of the yacht harbor? It favored pua i . pawtictpastf�an making -clearly _spel led out_._elans to_makQ tie Sayla ►dc_ dcahla t,v toy greatest no r 0- -people. Robert Strena, 735 Raysm ndo s Los Altos, urged a longterm commitment -for harbor maintenance. Decisions made by the Palo City Council would extend to cities other than Palo Alto, and for the future generations. 4e spoke of the importance of the harbor for young people, to keep -alive their dreams of sailing to far off ports. The: i i the harbor kept'yybung people le touch with :gait water activities. He cited the importance of the.salt marsh are,, along with public access to it. He spoke of ..the almost ineffable nature of the relationship between young people and saltwater, birds, seals, marshland, boats." He hoped youngsters 0f the mid--peninsula_would not have to drive to another city to plead for retention of.another harbor_ He held that planning for the futurq.did not require omniscience, just good sense to leave. the harbor and marshland open for future generations as it had been for the present generation. Gil Woolley, 1685 Mariposa, said he had the feeling that the Planning Commission would like to close the yacht harbor down, owing in part, perhaps, he said, to an antagonism toward "big money" and ''yachts . f He had been instrecting children how to sail on dinghy -like boats such as - the El Toro, which were not the sort of craft that could be equated with the term "yacht." He feared that the dredging would continue only for about fifteen years, then the valuable resource of the harbor Would be lost: Jim Nystrom, 26692 Snell Lane, Los Altos Hills, City Councilman, gave e brief history of the Palo Alto airport, saying it had began in 1927 on the Stanford Cates, moving to the Baylands in 1933. The airport served Palo Alto and was paid for by the federal government, Santa Clara County and the Airport Service operators. he spoke of efforts made by the controllers to negate the noise factor. He said much training took place at the Paso Alto airport of future pilots, he did :hot think the Environmental Impact Report dealt with projected needs There was . congestion at present, which would not diminish: he said, and it brought about safety problems. A second runway was needed. He understood that it would be built, and the question of funding stood in the way, with federal funds to be matched by the county. He said the second runway would not impact Palo Alto, but would give it "...a vital resource." Oerk Vyn, 786 Wi l dWood, supported maintenance of the yacht harbor He asked for approval of oil and screening surfacing to be applied at the cost of yacht club members to the -ground at the rigging area, which was aad'e poor by dust in the suer and mud in the winter. He said the plan 160 9/11/78 he was presenting was proposed as an amendment to the Bay Conservation District Commission (BCDC). The surface color would be much the same as the unsurfaced area at present. Rick Grether, 1901 Embarcadero, spoke for the firm, "Spirit of Avietion." He affirmed that 4 second runway was needed. He spoke of the desirability of the traffic pattern they had worked out for the airport which placed traffic over the bay waters, 4nrd 'cut down on objectionable noise. He said businesses at the airport had planned their affairs with the'essumpt1on that the airport would be developed. He objected to a requir$menCPalo Alto had made that the area proposed for the second runway be landscaped instead. Margaret Stromquist, 3418 Thomas Drive, spoke for her husband, Walter Stromquist, on the question of whether the refuse area should be'closed in 50-20 years, or 20-25 years. Mr. Stromquist favored retaining the harbor for as long a time as possible; the short term proposal would:be more expensive because pyrolysis had not yet been perfected, and se -the ta►anty-five rwrrolint remaininn_nf non-cnr+cumAhlo rofusca would have to be covered at a more distant time. Mr. Stromquist said the harbor iteelf was self supporting. He predicted that if the dump were closed at -the earlier date the county would not agree to the maintenance costs it now paid, and rightfully so, for the money had been voted some years back. Robert Wheeler, 868 Elbridge Way, spoke as commodore of the Palo Alto Yacht Club. He said the yacht harbor "...is really our only shot -at county park funds." He said his group wanted to see the county do landscaping, install hoist facilities and eventually berths, and hilso dry storage for small boats. He thought those things would be more negotiable if the dump were closed later rather than sooner. Mayor Carey declared the public hearing closed. Mr. Faure-Brac, consultant, said that most comments spoke of the master plan rather than the environmental impact report. Oe the environmental impact report he clarified that the Planning Commission did not rrcommend closure of the harbor upon completion of the refuse area landfill_ mover, and so the option of harbor dredging.would stay open if a place could be found for dredged spoils. He agreed that more diversity of -services could be offered if the F.O.O. area were free, and that the existing runway at the airport was now near capacity. Counci lr Sher confirmed that options mentioned by. Mr. Faure-Brac were related to closure of the dump. Did the environmental impact report deal with the result of dredging three times a year? He -referred to 65 of the environmental impact report. the t:: Apoke of the disruption of peg* activities caused by dredging. Were there also effects on urine life and other animals in that area? and what about the aesthetics of having the dredging and associated equi nt on the Site during those times? Corrected page 254 (initials should be F.B.D) Mtr. Faure-Brat said that his firm did not anticipate problems arising from any effect of dredging on marine life. There were requirements for maintaining certain oxygen levels within certain distances of that dredging operation. The Regional Water Quality Control Board set c.rtatn standards that had to be monl toad . The question had arisen at the NAy 24 public hearing of the Planning Commission. Hydrologist Dr. Ray Krohn of U.C. Davis had spoken at that meting; his comments were on pages 66- 67 of the minutes of that meeting, and they were a pert of the environmental t act report. Counci 1member Sher asked if any statement had to be made in the environmental 161 9/11/78 see j(/ impact report about who had to pay costs connected with various options for closure of the refuse area. Mr. Faure-Brac said it was not a legal requirement of the California Environmental Quality Act (CEQA) to address economic impacts, though they were often included --the EIR had some cost estimates pf the various methods proposed for closure, but nd final detailed costs:etlegotlations between the City and the county on those costs had not yet taken place. Councilmember Sher asked if a cauncilmember could choose 4n option without information on costs. That is was the EIR "suffi_ent"'without that information? Mr. Faure-Brac said that the EIR could he certified, he thought, on adequacy, without that information. Councilor Sher observed that to him it seemed inconsistent for e council ber not to be able to make a decision though he had said the Dieu CideqUate __.- Mr. Faure-Brac said that it was planned to include economic impact in environmental impact reports, but it wes not new needed to make the EIR legaliy'adequate. He thought the cost information now in the EIR'before Council was about as specific as it could get prior to "...proceeding with negotiations with the county." Ccu cilmember Sher sale to Mr. Faure-Brac "So you wouldn't be surprised to see the decisio akers make decisions contingent upon these further negotiations in working out those ratters. .• . ." if there was -ere (about costs) to be learned. Mr. Faure-Brac agreed. Councilmember Eyerly referred to page 54 in section 4 of the EIR: it said that 375,000 yards of import material were needed to close the refuse area in the 15-20 year clet re plan. That would be about 18,000 truckloads, about 20 truckloads a day. Was there any information about where those trucks would travel? Mr. Faure-Brac said it was not yet knows here that material would come from. and so that routing could not be worked out. Countilmember Eyerly said that on page 55 the consultant had estimated $26.9 million for the ls-20 year grading plan. Number three. Number four of the 20-25 year grading plan the cost had been estimated at $20 million. What operations did those figures represent? Mart Dunn, Cooper -Clark and Associates, said he and others had developed recosts given in the EIR. The figures included the entire solid. waste al operation: placement of garbage, purchase of cover material, and, in the case of the 15-20 year plan, transportation of solid waste from Palo Alto to another site for disposal. Councilmember Fletcher asked hoer long dredging would continue after the landfill was closed. Mr. Dunn said that with the 20-25 year plan Cooper, Clark had estimated that a 1 l of the necessary cover and topsoil could be produced within 25 years. At the end of the period there would be just enough accumulation of -material to stop. In the 15-20 year plan all of the impermeable cover could be produced (by dredging) and also two-thirds of the topsoil, so that dredging could stop. All of the estimates depended upon Council 1 .5 2 9j11/18 action. 1 Corrected see page 254. Councilmember Fletcher asked where all the mixing would take plane --in the de -watering pond area? Mr. Faure-Brac said that he understood that 4t would. Councilmember Fletcher said she thought the consultant's statement that there would be little loss of wildlife on the 30 acres given to de - watering ponds, was not accurate. Mr. Faure-Brac said that the short-term loss would be only when the de - watering ponds would be in operation- "Short-eitta"=_l vas a'15-20 year period. Councilmember Fletcher asked if the ITT antenna farm operation would interfere with the operation of the de -watering ponds. Mr. Faure-Brac said the layout of the de -watering ponds was such that neither the location nor the "bounce" arpx in frnnt of the antorgqi WUld be interfered with. Councilmes er-Fletcher referred to pages 59.51 regarding separatj bicycle pathways. "A January 17, 1974 staff report showed that there hac bee+ 64 percent increase of bicycle accidents where bicycles 61bd been routed to sidewalks --when bicycles were routed on streets safety had risen by 18 percent. It would wear, then, that separated bikepaths posed a safety question. Mr. Faure-Brac said his firm proposed bicycle paths to be independent of both sidewalk and road. There was to be an;interface by which means the pedestrian received precedence over vehicles, including bicycles. Councilmember Henderson referred to a letter from the Army Corps of Corrected Engineers saying the Corps could perhaps provide mud from bay dredging see page operations. From that Councilor Henderson said he assumed there 254. would be dredging spoils available from that source. There had been no mention of using the Leslie Salt evaporating ponds as de -watering ponds. Mr. Dunn said Cooper, Clark had information on using the evaporating ponds as de -watering facilities; Leslie Salt had not yet made the decision on whether or not such a facility would be constructed. Mr. Faure-Brac said he understood Leslie Salt's studies on the possibility of producing cover material were still inconclusive. Counc1 l r Henderson confirmed that it could be said "...that these are possibilities for the future and we don't know yet...if they'll .be economically feasible." Councilmember Brenner asked how much more topsoil and impermeable cover was needed for the x-25 year plan, opposed to the 8-10 year plan. Mt, Faure-Bras recalled that 300,000 cubic yards of impermeable cover were needed for the 8-10 year plan, and 300,000 yards of topsoil. The 20-25 year plan would take 3354000 cubic yards of impermeable cover. He referred to Appendix E, page 5, saying the figures referred to imported material. The figures were for final cover material-•esti*ates for daily cover were not available. The 8-10 year plan assumed 10 years of operation with 15 years of transport of refuse to another site. In the 15-20 year plan 17 years of operation had been assumed, with 8 years of refuse transport. I 6 3 9/11/78 Corrected see page 255. Councilmember Brener nhserved that those assumptions took in no possibility of processing of garbage by Palo Alto itself, so that it need not be traesported. Counci.imember Brenner asked if cities had made efforts to use their collective strength to persuade the Water Quality Control Board to the point of view that it might be more environmentally sound to close the dumps even though the number of gears required to _close them off might be extended. She did not understand why cities were told``to close their dumps tluickly, but, in order to be in compliance with requirements for closure, were told to keep them open for twenty years. That was a paradox she did not understand. Mr. Faure-Brac said he knew of no effort by ,cities to challenge that set of requirements by the Water Quality Control Board. Dr. Larry Kolb of to Qua i i ty CUntro i i aoaro staff had appeared at a public hearing testifying about board requirements, saying also that he knew those requirements would create problems. For that reason he wanted cities to begin closure plans now. He understood that the Pegionel Board did not require that the landfill remain open for any particular period of time, only that it be covered, when closed, within some reasonable period of time. Cot.ncilmernber Brenner said that that was what she had meant —cities got around the requirement for covering "within a reasonable period et time" by not closing their dumps. That was because there was at present a lack of .material with which to cover their dnps. That meant that Palo Alto had to mine the harbor. Mr. Faure-Brac said the need for closure within three cr four years had been eliminated because of lack of material and also so that there could be resource recovery. . Mayor Carey reminded Councilmembers that the sufficiency of the enviremmental impact, report was before Council. Questions about landfill could be addressed when Council considered the Baylands Piaster Plan. Councilme ier Fazzina referred to page 71 of the EIR, that referred to resource material. Did Mr. Pawloski or Mr. Faure-Brac have info: tion on what could be expected in technological advances in resource recovery? Ben Pawloski, Director of Public Works, said answers varied according to whether the"one being questioned was a manufacturer of machinery' end process for resource recovery, or a prospective user of the technology. He thought that for adequate technology to be proven would take ten years. At present there was involvement in research and development. Mayor Carey referred to page 57, paragraph 11, of the C1R, referring to Fhb, saying existing FBO 1 And proposed FBO 2 should meet projected &mends for services. How had Cooper, Clark arrived at that conclusion? Mr.:Faure-Brac said existing FS0s were now serving the air traffic and there was an existing dance. Weaver, an sdditlonal FRO would make possible iore v►artety in services. Cooper, Clerk had used deductive reasoning and also had met with county staff, which questioned the advisability of bringing in an additional operator for the proposed FBO 3s The recommendation that PRO 3 be dropped had been deleted, however, 'in the Planning Commission recommendation. 14ayor Carey questioned that. 164 9/11/78. Emily.Renzel, chairwoman of the.Planning Commission, said that the the recommendation for deletion of FBO 3 had been included in earner recommendation, and the Planning Commission had,reiterated that. e Mayo earey asked if Cooper, Clark had assumed FBO 3 would give the same• service and be of the same size'as FBOs 1 and 2. Mr. Faure-Brac.replted that the existing county Master Plan for the airport designated an area for Fe0 3, though no site plan had yet been developed. Mayor Carey said he disagreed with Cooper, Clark's conclusion; he understood that FB0 2 would contain 24,000--28,000 square feet of structure for ' offtcetfacilities, hangars and services with F80 3 to have less than 5,000 square feet of structure, with space for about 40 tie -downs. - Both, then, had different impacts and different uses, and elimination of F$0 2 did not eliminate the need for FBO 3. He asked that the Ell show __iR'1 .�_. - � _ _3-•.-aA _¢-a.�+.. �i a .. „-��- a �,z . r.. _�. - [ .' _- r whether- r rarer i."77 veiny bi vet• vii: u�w c.C.a e.nu �. dfJV v is 7iC Gi�cu i:VA} Wii�irnKi ^_ nva. .iw 2 is constructed. MOTION: Councilrmenrber Fazzino moved, seconded by Clay, that Council find'the environmental impact report -for the Baylands Master Plan, tncludi g comments received and -responses to those comments, has been completed in compliance with the California Environmental Quality ,Act (CEQA), and state environmental impact report (EIR) guidelines; that the EiJ'is'a sufficient informational document, and that the City Council has reviewed the information contained in the EIR. Councilmeber Sher referred to page 16, that stated that the first council meeting should be devoted exclusively to receiving camments -on the EIR draft report, and "...following that meeting the consultant shall prepare and distribute the final master plan EIR which will:oensist of the' waft master EIR pus responses and co nts...and then when:the Council is convinced that the EIR.. . ." et cetera. That passage suggested that. two meetings bn the EIR should take place. Ken Schreiber, Assistant Director of Planning and Community Environment, said -that the difference between the draft and final EIRs would be the comments made that evening. The passage on page 16 -spoke to the possibility that issues might be raised that wOuld'need clarification beyond that obtainable that evening, and he thought the issues raised that evening had been dealt with. Therefore, the final EtiR consists of material distfiluted to Council August 31 plus that evening's public hearing with its oeiments and responses. Councilor Sher asked if it were not a legal requirement "...to prepare and distribute a final master plan." Lou green, Assistant City Attorney, said that ultimately the comments and responses would be incorporated into the actual EIR. If the consultants did not think any further research were necessary Council could find the EIR sufficient. The minutes of that evening's meeting would be incorporated. NOTION PASSED: The motion that Council find the environmental impact report for the 88Yl ands Master Plan. including comments received and responses to those c1 vents , has been completed in compliance with the California Environmental Quality Act (CEQA), and state environmental tact report (EIR) guidelines; that the EIR is a sufficient reformational dint= and that the City Council has reviewed the information contained in the EIR, passed on a unanimous vets. I05 9/11/78 A discussion ensued on which matter on the agenda should be considered nett. MOTION: Vice Mayor Henderson moved, seconded by Fazzino, that the balance of the agenda be brought forward. Councilmember Fazzino said that a hearing on the Baylands Master Plan had bees fidvertised for about a month. He thought it should be taken up at the next scheduled Council meting. LION COED: Vice Mayor Henderson said he would change his motion to continue the matter of the Baylands Master Plan to September 18 Meyor Carey stated that the public hearing portion on both the environmental tmpact report and the Baylands Master Plan were closed. 1 TIO? TO CONTINUE PASSED: The motion that consideration _on the Bayialde ;:44!3i.if Tian be continued to September 18, 9 p.m. passed on the fo11owRg vdici rate: AYES: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Carey RECESS Council recessed from 11:10 p.m. to 11:30 p.m. EMER6ENCY IT R ST _..L R f..., n . •►uce. o , e .' ar Mr. Sipel asked for a majority vote from Council permitting him to bring forward an emergency resolution permitting Palo Alto's gas utility to increase gas rates, effective as of that date, September 11, 1978. The rate change was necessitated by a Public Utilities Commission (PqC) ruling which the Utilities Department had received in the previogs week. It was necessary to "track" PG&E's gas rates, which had increased on that;date. (September 11, 1978.) Costs per day to the City were PG&E's rates not tracked, would be about $2300. MOTION: Mayor Carey moved, seconded by Henderson, that the emergency matter of the necessity for increase of the gas rate charged by Palo Alto Sas Utility to its users be considered at this time. The motion passed on a unanimous voice vote. M TION: Councilmember Eyerly introduced the following resolution as an emoreOney itam, and, seconded by Henderson, moved its adoption by Council: RESGi.UT I 1 93 entitled "RESOLUTION OF THE COUNCIL OF ALTO L ING SCHEDULE G-1 OF THE CITY dF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO GENERAI. NATURAL GAS SERV ICE . ° (Ef ttt ve September 11, 1978) Coun ilmember Sher asked about the decrease in the ra referred to in a rem, siring there was a likelihood of a "wash betwe n the necessary increase in gas rates, and a decision of the PUC about Palo Alto's wholesale price. I 6 6 9/11/78 Mark Harris, City Treasurer, said that the memo had stated that the PUC had ruled that Palo Alto should have a 20 percent margin. inIthe past, 92C of every revenue $1 went for purchase of gas; under those circumstances Palo Alto had generated a deficit of from $300,000 to $400,000 a year for about:seven years. The PUC ruling establishes that 80C of every revenue $1 goes for the purchase of gas, a decision for which Palo Alto had been looking for the past two years. forit would put the gas utility on a sound financial footing. One of several PUC decisions provided for rate relief, but the overall effect had resulted in a rate increase. If Council passed the rate increase it would permit Palo Alto gas -utility to achieve a 20 percent margin, putting the gas utility on a profitable footing. The gas utility's 1978-79 budget provided for the "tracking" of P &E's rate. Had the PUC decision been in another direction Palo Alto's gas utility would have had to question whether or not it would be sound to retain the gas utility at all, from a long term standpoint. Mr. Sipel said that the net effect of the PUC ruling got Palo Alto out of being $400,000 in the red and into the black by $400,000, and he calculated the decision was "...an $800,000 or more decision, depending YI 4 l.{4C 04.Lii'91 t Coureilmember Sher said he assured there would be a profit of $400,000 in the Os utility in the coming year. Mr. Sipel replied that that would be the case if the decision had that wording.. -the 1978-79 budget had projected that likelihood. Coancilrer:ber Sher said he assumed that was proper because the -City had a capital investment in the utility and should be earning a fail return on its inventory, Mr. Sipel agreed that the City took that position with respect to Water - Gas -Electric. If the City were not making any money it might be more appropriate to have someone else running it. Courscilmember Sher asked if the rate, with the increase, kept Palo Alto's rates comparable to cities that got their gas at exactly the same rate. Mr. Harris said it kept Palo Alto at the same rate as Menlo Park and sur-r&unding cities. MOTIOO'PASSED: The motion that Council adopt the resolution adopting a rate increase passed on a unanimous vote. YACHT LANDSCAPING: Ct35 PART ICIP f Y (G :38':8) Mayor Carey pointed out to Councilmeebers that with the budget amendment before Council six votes in favor were needed for passage. Mr. Sipel said he understood that the County had taken action that day on its part of the agreement contingent on action Palo Alto took --it wanted to move ahead with the work. Councilmeaber Brenner said she was concerned that the county's wish to go ahead with the mart might be delayed if. Palo Alto did not agree. Mr. Sipel said he thought Palo Alto should agree; if the project were divided some of the plans would have to be re -drawn. He would recommend that Palo Alto have the county go ahead with its portion with Palo Alto 167 9/11/78 to amintain it, but Palo Alto would not put in its one-third for capital costs. That meant that one-third of the proposed work would not be• done. Cou'ici lmember Brenner read from the staff recommendation "If the landscaping is postponed the county will have to revise ... before their port{on'of the project can go to bid." She asked if the county would pay fov revision of the plan, and how long it would take. Lawrence White, Director of Parks and Open Space Management, said:he thought about a week would be needed for revision of the plan, and the City could pay the cost or the c-otinty could. The revision meant that all the landscaping marked to be done by the City of Palo Alto would be taken out; irrigation and the like were now coined. He did not know whether or not the plan would have to be okayed again. Charles Rockwell, County of Santa Clara staff, said revision would delete ano-thied of the project_ on the re eutsi t fir: �,,p..-:. ..:. .,��a. area i:,iei.a+i6ic the cyVili.,Jl lG+lae line, near the duck pond. Helen Proctor was landscare architect for the project, and she and the county would revise together. The county's participation was contingent upon Palo Alto's action that evening --six. to eight weeks were needed to process it. Cost of revision of the project, with the consultant involved, Helen Proctor, would probably be several thousand dollars. Ms. Renzel added that the Planning Commission had urged irplement4tion of the duck pond lanoscaping relating to the Bayiands Master Plan. MOTION: Vice Mayor Henderson, seconded by Fletcher, moved that Council approve the county's project for 3.0 acres of the Palo Alto Yacht Harbor and approve the Park Improvement ordinance, along with the m=aintenance. agreement between the county and the City of Palo Alto, and postpdne Indefinitely the City's portion of the landscaping at the yacht harbor. LANDSCAPE MAINTENANCE AGREEMENT - PALO ALTO YACHT HARBOR ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADQP1INO A PLAN FOR THE INSTALLATION OF LANDSCAPE IMPROVEMENTS IN THE PALO ALTO YACHT HARBOR Councilmember Eyerly reminded Counci bets that staff recommendations on capital improvements had been that care be taken not to lose possible outside funding if at all feasible. The City had been working on the yacht haror landscaping matter for about 16 years, and he wanted to go ahead with it since there was only a small aunt of money involved. He would vote against the part of the motion that postponed the City's pertly)* of the landscaping. He would d move an amendment about the proposed o#1--and-screening for the rigging area. AMENDMENT: Councllmember Eyerly moved, seconded by Clay, that the county include in its plans permission for the oil -and -screening improvement, with space for a footpath, as required by Bay Conservation District Commissyoijt (BCDC) to be provided, Councllmember Eyerly said that yacht club ors could apply to BCDC for a permit to do the work, but it might take until spring for them to get penmission, and members wanted the mud -free area to be -accessible to them during the winter. Vice mayor Henderson asked if a private request (from a yacht club amber) could be made en i ncll us i on in a motion that involved public funds. 168 9/11/78 1 Mr. Green said he thought it was appropriate for Council to amend the ordinance. Vice Mayor Henderson repeated that the county did not have to du the work nor pay for the materials. Councilmember Clay asked if the county had to proceed if Palo Alto did not participate. Mr. Sipel said he understood that the county was required to proceed with its landscaping as a part of its BCOC permit, and it would go ahead with or without Palo Alto's participation. Ouncilmember Fletcher said she did not know the effect of this proposed oiling and screening so far as appearance was concerned, and that without the advice of the Architectural Review Board she would not vote for the amencmnent. Cou�ici ►a te Seer asked Fir. iihi to for stare opinion on the oiling and screening at the -rigging area. Mr. White said he had talked with Helen Proctor, and she had felt the oiling and screening were quite desirable. It would be compatible with that area; only the public pathway as designated by UDC, had to be assured. ;ojncilmember Brenner said that the oiling and screening should be conditional upon provision of the public pathway which was to -have an oyster shell surface. The pathway area had been taken up by parked private automobiles when she had visited the area. She thought the pathway'should be clearly designated•as-a public pathway. AMENDMENT 4CNT TO AMENDMENT: Counci lmember Brenner moved, seconded by Sher, that as a condition to permit the oiling and screening of the rigginsj area, with work to be done by and paid for by the Palo Alto Yacht Club, the public pathway was to be completed and clearly designated as a public parkway by the Palo Alto Yacht Club. Councilr er Brenner asked if the plan submitted for the rigging area protect;shc ed.the same bounds as those shown by the proposed Baylands ;'Raster Plan. She assumed the plotted area "...reinforces a proposed lease line." Mr. White replied that it did. Councilmember Eyerly asked if the area might be included among those pathways to be improved by the county. ;fir. Rockwell of the county staff said that it was. Mayor Carey recapitulated Counci Member Brener' s proposed amendment to amend: that the county Instc:ll and mark the public pathway at the same ttme the Palo Alto Yacht Club installs its improvements. Cauncil ber Brenner agreed that that was her motion. Counci !member Sher recalled to Counci lmembers that he was a member of BCGC and he would follow through on the matter of the public pathway. He would make sure that it was visibly marked. 169 9/11/78 AMENDMENT TO AMENDMENT PASSEL): The motio:i that the county install and mark the public pathway at the same time the Palo Alto'Yacht Clot) installs its oiling and screening improvements at the rigging area parsed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Carey, Clay, Eyerly AMENDMENT PASSED: The amendment that the county include in its plans permission for the oil-and=screening improvement, with space for a footpath, as required by Bay Conservation District Cemmission;(BCDC) to be provided, passed on the feeW ng vote: AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Sher, Witherspoon NOES: Fletcher, Henderson Councilmember Henderson__exnleined_ that he had voted "neeen = matter -of- — prinetplp, for he had not had time to study the proposed iMprovement before being called upon to vote on it. Mayor Carey agreed to separate the items for voting in the main emotion. Discussion disclosed that the main motion, since it postponed the landscaping to be done by Palo Alto and therefore did not call for a budget amendment, did not require six votes. Counoflmem er Brenner asked it the motion was an "all -or -nothing" sit►. Lion -- what wai the least Palo Alto could spend in order to have the county proceed with its share of the work. Mr. White replied that the proposed motion represented the least that Palo Alto could spend in order to achieve an acceptable landscape plan. FIRST THREE ITEMS OF MAIN MOTION PASSED: The motion that Council approve the county's project for 3,0 acres of the Palo Alto Yacht Harbor and approve the Park Improvement ordinance, and also approve the maintenr;ryce agreement between the county and the City of Palo Alto, passed on a unanteeous vote. FOURTH All FIB. ITEM OF MAIN MOTION FAILED: The ratIvn that the City postpone indefinitely the City's portion of the landscaping at the yacht harbor failed on the following vote: AYES: Fletcher, Henderson NOES: Brenner, Carey, Clay, Eyerly, Fazzino, Sher, Witherspoon POTION: Counci1sber Witherspoon introduced the following ordinance and, seconded by Clay, moved its adoption by Council: ORDINANCE 3078 entitled "ORDINANCE OF THE COUNCIL OF THE CITY O' PAOu ALTO AMENDING . THE BUDGET FOR FISCAL YEAR 1978-79 TO PROVIDE FURS FOR LANDSCAPING THE PALO ALTO YACHT HARBOR . " Councilor Witherspoon said she was surprised that the joint effort between the county and the City of Palo Alto was finally before Council, for it had been sixteen years in the making. She did not want to postpone the improvements further, 174 9/11/78 Councilmember Henderson said that though he also wanted the landscaping improvements his work with the Finance and Public Works Committee c►!tt1ng down on -capital expenditures led him to think it was not proper to make thts.bpdget amendment at this time. He would oppose the motion. 1 Corrected see page 254. 1 MOTION.PASSED: The ordinance approving the budget amendment for 1978-79 for landscaping improvements at the Palo Alto Yacht Harbor passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fazzlno, Sher, Witherspoon NOES: Fletcher, Henderson REOlEST F COUNC I . INO T A : fir.►t _� OF NG tvontinuao from df i8 and 9/5/78) May' ' earov announced he would not r1' ion* element; Ytce Mayor Henderson presided. 4t. consideration o the i!! irYi!3!VG! NV! 7! %1- !r!IY-i Counoilmember Fazzino explained that "P" (pedestrian) zone approval affected many property owners quite heavily, yet he had received no informatiOn pointing that out. Mr. Knox had outlined the need for the change;1n "P" zone. Councilmember Fazzino said he thought the matter should be referred to the Planning Commission, and that Downtown Palo Alto, Incorporated, the California Business Association and others to be affected be invited to attend the hearing. MOTION TO REFER: Councilmember Fazzino moved, seconded by Clay, that Couwai:l refer the "P" zone element of the Zoning ordinance to the Planning Coewiia ien for further review. Coudelleember'Brenner said she thought effects of the !!P" zone would be gradual Councilmember Fazzino said that hearings on non-conformance began very soon, ared'his motion was aimed at avoiding oversight of important points tn,these hearings. Mr. Knox had outlined some alternatives for the Mantling Cceission to consider. E*tly zel, chairwoman of the Planning Commission, said that one part of the ordinance regulated structure and one regulated use. The portion en us* required amortization. It was innovative, and she hoped it could be *odifl d so that the scatter of non -conformity could be eliminated in same cases; she thought it would help to foster the Downtown area. Ceuncilmember Witherspoon asked if it would not be best for Council to hold a hearing first, then refer possible changes to the Planning Commission. Councilmember Fazzlno replied that since the Planning Commission was an advisory body to Council he would like .to have their alternatives. n Schreiber said any modification of the zoning ordinance had. is go through the Planning Commission.‘ Staff had thought the complications of the "t" zoning should be referred to the Planning Commission. 1 7 1 9/11/78 171 Councilmember Sher clarified that the motion was to refer to the Planning Commisstee for review. He thought it wrs best that suggestions from Mr. Knox and Downtown Palo Alto, Inc., be checked over, then have the matter returned•to Council. MOTION TO REFER PASSED: The motion that Council refer -the -"r" zone elemett of the zoning ordinance to the Planning ComMi ss i bn -for fUrther revieW passed on a unanimous vote. with Mayor Carey'not participating. RE JEST F Cf CI : 'i«'` c EYE .Y PTT Counctlmembe.rs Sher and Witherspoon did not participate, since Stanford University is their employer. Co►unctlm ier Fyerly. said portions of the Palo Alto/Stanford Hospital content tore in Councilmembers' oackm±e = Al erg with a na+? ,rand» f intended decision by judge Bart Phelps. Council. r Eyerly said Council had concern because there was no definite procedure to follow for rep! ec.w ent of the "affinity group" mentioned in the contract. It was felt'that there was dependence of courtesy staff se1ectien on Stafford's actual loan, and courtesy staff privileges regarding the use of hospital alinieal departments. MOTION: Councilmember Eyerly moved, direct the 'mayor to form a c ►i t tee Stanford regarding the City's listed seconded by Clay, that Council for discussing the contract with concerns. Counctlmember Brenner esked it only those three concerns listed were to be discussed. Mayor Carey replied that he thought the original contract and all its aspects were to be considered in the forthcoming discussion. MOTION PASSED: The motion that Council direct the mayor to form a committee for discussing the contract wlth Stanford -regarding the City's conceresa passed on a unanimous vote, Councilors Sher and Witherspoon not participating. RE►' EST OF COUNCILMEMBERS EYERLY IT Councilmember Eyerly said that information regarding. the use permit at the Presbyterian Churth had cow to Council's attention during the hearing regarding the Miraesonte Health Center, and Councilme' -n a Eyerly, Fazzjno and Witherspoon had asked staff for a report, with attention raven to the compatibility of Westminster hose's uses on the Presbyterian. Church property. Then was also some discussion of deficiency of parking. Mayor Carey ascertained with George Sipes that staff was working on those questions. MOTION: Councils der Eyerly moved that the matter of the uses of Presbyterian Church be continued until the church replied to staff. Mr. Sipel said that when Council received staff's report on those questions tt might be unnecessary to place the matter on the agenda. 1 7 2 9/11/78 MOTION.TO TABLE: Councilmember Sher moved, seconded by Brenner, that Counctl table consideration of the uses of the Presbyterian CBurch permit. 'The motion passed on a unanimous vote. RAE EST OF MAYOR CAREY RE �liM 1 A :i.JV(A tOU!TT/r G JURY 1 Mayor Carty said he had enclosed a final report by the Santa Clara County Grand Juryin Councilmembers' packets which dealt with"the transportation commissien consisting of the Board of Supervisors; their condlusion 44d been that -special district should be established and a Board Of Directors with a'different composition. Council's opinions had been solicited, Counctlmember Fletcher said that then -Mayor Sher had been invited in about Meth', 1977, to testify on that subject. She had substituted for him at'thet meeting. The present board of directors was the same as the ors of the Board of Supervisors. It had been suggested'that a board made up of one Supervisor selected by the Board, two City -elected representatives, selected by the Inter -City Council (ICC), and one 1r:seachY elected directly, frr n North and South County. That had been their suggestion for consideration by the present committee. Two City COuNtil-mAmhert were to he ce1ecta4 by the Inter ove; nt ,1 Council (IGC) which had replaced the Inter-City'Council (ICC). Counc'lmember Sher said that Councilmenber Fietcher's statements were his recollection as well. He stressed that the suggestion for board composition was a guideline suggestion only. He had no fixed view about re-stritctuiing, or what the new board should be composed of, thcegh he favored exploring it. The majority of the Board of Supervisors did not favor any'change. Perhaps Council could support continued exploration by the Seeate Committee meeting on the matter that week in San Jose. Mayor Carey thought the transportation commission's mekeup should be changed, though he had no blueprints for what form those changes would take. Bice May** Henderson said he did not favor the present composition either; He thought Council had expressed the same feeling some time back. MOTION: Mayor Carey moved, seconded by Clay, that Council support the Grand J1 y conclusion that a special district should be fond but question4f.makeup of that district ought to be further explored. Councilmember Witherspoon observed that the body to which Council's communication was sd+iressed was a key elements -obviously it should not go to the. Board of Supervisors, since they wanted to maintain the status quo; perhaps the MC was the place to send the letter. Mayor Carey said that the first place to send the letter would be to the Transportation Commission, with a copy to go to the IGC, perhaps asking for IGC support and action. -ouncilMember Fletcher suggested sending the letter to the Serate Caem_ittee now hearing the matter. 17 3 9/11/78 Mayor Carey said he would incorporate Councilmembers Witherspoon's and Fletcher's suggestions in his motion. Counci1r. ber Brenner said she thought creation of a special district would net snake the matter less subject to political pressures. "Pretture" could be experienced also as support, if it agreed with one's point of view. Councilrneinber Sher said he was not ready to take the step suggested by the motion. He preferred to see the evidence produced by the committee and so he would abstain on the motion. MOTION PASSED: The motion that Council support the Grand Jury conclusion that a special district should be formed but the question of makeup df that; ietrict ought td'be further explored; and advise the Transportation Comntt4ston, Intergovernmental Council (IGC), and the Senate Committee of this motion, passed on the following vote7. AYES: Carey, Clay, Eyerly, Fazzino3F_1_etcher,_ Henderson, Witherspoon NOES: Brenner ABSTAIN: Sher REsJEST OF MAYOR CAR Y R I M Mayor -Carey said Stanford was funding a study on Jobslhousine imbalance, and it asked for the City's moral support, and so e access to staff information, but not for money. Gretchen Leland, 3700 Laguna Avenue, asked that Council be cautious in lending support to Stanford's study, which had several aspects that troubled her: no Stanford land located outside the Palo Alto area was considered in the study; groups interviewed were weighted toward inddstrial and commercial, with the 'man in the street' not included in this initial phase, girding of questions had inherent.. value judgments within them: Site emOhasized that the study should be statistically reliable, and that could -be judged in a final report. Robert Mobs, 4010 Orme, agreed with Mrs. Leland and recalled a recent ''rather rehensive" repert put out by the Santa Clara County Housing Task Ford. in that there had been suggestions he felt sure neither A I M nor Stanford people would consider or recommend, such as rezoning all vacant industrial land for housing, at about 20 units per acre. He urged caution on the part of Council toward support of the study, because euestions ski ch were limited in scope tended toward foregone . conclusions, 14arjcrie Sutton, 609 Roslta Avenue, Los Altos, president of A I M, said the study being discussed was based on and was an outgrowth of a housing study called ACTION AFPORT.'' The study was not limited to any specified site. Questions were limited in scope to keep the length of time of the tnterview shorter, she said. It was a leadership survey, to determine to crests, needs, and concerns of decisianmakers, Efforts had been made to include hers' and environmental groups, and the like. One more creek remained for the study, and her people would be glad to include any group which had been inadvertently omitted. She passed some of the questions asked in the study to Cquncil bers for their perusal. 174 9/11/78 1 Ceuncilmember !1itherspoon ascertained that A I M had formed in February at this year, with this present study being, as yet, its only study. Ms. Sutton gave the background of some of A IM's personnel. Under California law the organization was tax exempt; its contract with Stanord she felt, showed Stanford's recognition of some responsibility for hodsing-- tt was one of the few owners of such a large area of land --and it'had a commitment towardplanning for the use of that land with the communfty. Council +er Eyerly asked if A I M's forthcoming report would be based solely on answers given by participants. Mt. Sutton said that related comments of questioners would also be included. Mayor Carey said that the resolution suggested by A I M had been -unacceptable to him because it assumed involvement by the City in the study. MOTION; Mayor Carey moved, seconded by Henderson, that the City of Palo Alto understands that A I M has received initial funding from Stanford University to conduct a study of the issue of job/housing imbalance in the Palo Alto area and that the Palo Alto City Council recognizes that the jobs/housing imbalance issue is an important one to the .community and eeenur?ges all organizations to study this problem. Accordingly, the Palo Alto -City Council gives its encouragement to this study by A I M. Counci lm er Fazzino obseiNed that to him the issue was "...tremendously innocuous," and he thought it could have been dealt with outside of Councils meeting time. Counci 1member Witherspoon adjured that the City's motion not be used by A I M as an endorsement for fundraising purposes. Councilor Brenner said that depending on the amount of time the City staff had to spend with people who were conducting the study the City would be giving a financial assist. Was this group to be treated as other information -seeking groups within the City? Mr. Sigel said that staff time would be minimal, perhaps less time would be given to it now than six months ago. MOTION PASSED: The motion that the City of Pao o Alto recognizes that the job/housing imbalance issue is important within the co**anity and encourages this organization and others, to study the problem, passed on the fo 1 l owi ng vote: AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher NOES: Witherspoon ADJOURNMENT MOTION: Vice Mayor Henderson moved, seconded by Witherspoon, that Council adjourn. The motion passed on a unanimous voice vote. Council adjourned et 12:SO a.m. 1 7 S 9/11/78