HomeMy WebLinkAbout1977-03-01 City Council Summary Minutesiry
COUNCIL
MINUTES
Adjourned Meeting
of February 28, 1977
March 1, 1977
r r-
Paat°
1L TO
ITEM PAGE
Adjourned Meeting of February 28, 1977 7 5 0
Baylands Master Plan (Continued) 7 5 0
University Avenue Parking Assessment District - Parking Lot on
Lytton and Kipling (Continued from February 14, 1977) 7 6 4
Oral Communications 7 6 7
Appointment of Chairman for Meeting of March 7 7 6 9
Ad journi ent 7 6 9
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1
Adjourned Meeting
of February 28, 1977
March 1, 1977
1
ADJOURNED MEETING OF FEBRUARY 28,_1.227._
The City Council of the City of Palo Alto Met on this date at
7:30 p.m. in the adjourned meeting of February 28, 1977.
PRESENT: Beahrs, Berwald, Carey, Clay, Comstock,
Eyerly, Norton, Sher, Witherspoon
ABSENT: None
*wow _quo Ali (Continued)
Karen Bergh, 25961 Vinedo Lang:, Los Altos, spoke of having enjoyed
the Harbor Park for the past fifteen years. She said that her
generation had created the silting problem by damming the natural
flow of silt in and out. She asked "la it not then incumbent
on us to correct and beautify lu a natural way?" She said that
increased leisure that would come as the work week shortened
could, through places like Harbor Park, help to preserve people
if people wooed preserve special places such as Harbor Park.
Lawrence Ragco, 1509 Edgewood, stated that he had been a Palo
Alto resident for twenty-five years. He said that as a longterm
Yacht Club member he recalled when the City of Palo Alto owned
its own dredge. He said he was in favor of everything except
closing the harbor, which he felt should be kept in existence as
were other recreational facilities in the City and County. Palo
Alto Harbor was the only usable harbor available to boaters of
Santa Clara County, and he cited Anderson, Hamilton and Vasona Dams as
examples of unuesbility. He felt that the only obstacle to use
of the harbor by boaters was the disposition of the spoils, and he
voiced certainty that that problem could be solved to everyone's
satisfaction.
Eleanor Huggins, President of the Committee for the Green Foothills,
£24 San Francisco Court, Stanford, had lived in Palo Alto since 1934.
Some years ago she said she and her husband perceived that as
small boat sailors the harbor was not hospitable to small boats and
they went elsewhere. The Committee for Green Foothills had worked
for enhancement and maintenance of Open Space for fifteen years.
The 1800 scree of dedicated parkland at the Beylands served many
purposes and she enumerated them. Some of the uses had taken their
toll, and the review of the Sellands Master Plan gave citizens
an opportunity to review them. The Committee for Green Foothills took
the stand that continued dredging was too environm+snt..liy
costly, weighing the damages from spoils disposal against the benefits
for "only 193 boats." She noted that the 23 acres required for de -
watering pounds wee the size of Rinccnad& Park. The Palo Alto Pistol
Range would have to ba moved so that the de -watering ponds could
be located there. Ths cost of moving that range, according to the
consultants' figures, would be $180,000. She said Palo Alto taxpayers
would boar the costs of dredging and re -location. Were the harbor
extended by dredging, the resulting de -watering pond would take another
7 acres, the sloe of Eleanor Pardee Park. She detailed the visual
blight which would result from removal of spoils to the site of
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the proposed levee, and added that it would continue for at least
20 years, after which costly landscape planting of salt -tolerant
flora would have to be undertaken. She said the Committee felt the
evidence of damage that had been presented would help the Council determine
to end dredging in the Baylands.
Dan Power, 250 Lowell Avenue, asked that the record show that he
did not represent his company, Power -Anderson, Incorporated, nor did
he represent the Engineering and Grading Contractors Association of
California, of which he was the president. He said he owned a boat
and used the harbor, and that his company was a major user of the dump,
so that from a personal standpoint it was advantageous to him if both
harbor and dump were maintained, yet reading eco-studies of the harbor
area had persuaded him that continued dredging was disadvantageous
for the harbor. He said "Mother Nature is going to win this one, the
only question is when," for it had been amply demonstrated that continued
dredging was neither economically nor ecologically feasible. unitary
landfill was an out-of-date method, and could only be replaced when
the Council decide to eliminate "our garbage mountain," by eliminating
waste in a beneficial way. He urged Council to accept the Planning
Commission reco eudation.
Harriet Mundy, 757 Tennyson Avenue, had been a Palo Alto resident for
28 years and had been appearing before the Council for 18 years
on matters of preserving the flood basin, the remnants of the marsh,
and building the Interpretive Center and the Boardwalk leading to
the Bay. She recalled a proposal of the 19608 when a high-rise
apartment had been proposed to be built along the Bay. She concurred
with Eckbo Associates who said that the Plaanire.g Commission had made
a "responsible decision." The Council could support the Planning
Commission recommendation or raise a series of "disaster" situations
for the next 20 years, after which the situation would be worsened.
She pointed out that the Directives from Bay Conservation District
Commission (BCDC) ran for forty years. The harbor had presented
increasingly impossible maintenance problems since 1929. A look at
Yacht Club Point would testify, to the fact, she said, that nothing
would grow in those areas. Marsh growth could not be induced to
grow on dikes though they had been leached by rain for many years.
A study of the marsh had been requested by Mr. Amyx on April 17, 1974,
The study was to bear on a compromise between the Palo Alto and Alviso
marinas, and she read from it: "I don't think Santa Clara
County can resolve the problem of keeping the marinas open --I don't
think anyone can solve it unless the spoils can be made to disappear
by magic." She summed up the damage to the area from deposition of
spoils, and deplored starting a second lift for spoils on the site
of the already over -deposited dumpsite. If pipes for dredging spoils
Corrected could be laid at the ITT property that should be done, though she questioned
see pg 873 i,f County or City of Palo Alto voters would pay for the use of that
ITT property. She said that the City was committed to turning the
dump into a park by the beginning of the next century. She questioned
the proposed method of adding and subsequent leeching and enriching
of spoils for the dump-turned-parkaite. On the matter of levees, she
recalled the most recent high-tido flood of 1968, when flooding bed
reached to the wye loading from Embarcadero to the dumpsite. "It was
a once -in -50 -years occurence," she said, and noted that the dikes had
been raised since, end were it to be raised further "...we might as
well live in Burlingame or San Jose." She noted that there were,
at the airport, "...a few remnants of wildlife...," but all of the
upland areas had been destroyed, and animals needed those high places
for resting during high tide. The wildlife was there not because of
the airport, but in spits of it, for the laud had been theirs for thousands
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of years. When asphalt for a second runway was poured only a few gulls
and coots would remain. The dikes captioned "nature walk" would be
open to noise and fumes even more than at present, and she foresaw
the possibility of a time when the Federal Airport Authority (FAA)
would say it was too dangerous for people to walk there, even if they
could stand the increased noise. The small ieland pictured on the
new Palo Alto telephone book was all that was left unspoiled. Planes
heeding for the second runway would approach directly over that island,
and "...one day there might be an accident, and then what? I'm going
to stick my neck out and say a word for that much -ridiculed birdwatcher---
there are millions of us, worldwide, and we have not disturbed the land
nor forced it to do our will nor taken anything from it. People have come
from ail over the state, Canada, France, many places, to our marshlands."
She asked that Palo Alto not make any more mistakes in its treatment
cf its irreplaceable marshland. She adjured Council against creating
any new problems by making a faulty decision; any reasonable doubt
about the consequences of any plan should lead to rejection of the
plan itself, for future generations could be faced with irreversible
damage though wrong decisions, not a legacy the Council would want
to leave.
Mayor Norton observed that one of the speakers who had not been
able to attend that evening was Dan Alexander, manager for PM,
who had written a letter saying "If the Council would be interested
we (PG&E) would be willing to recommend to our company management
that the boardwalks in the project area be donated to the City of
Palo Alto subject to the following: T) that the company reserves
the right to full, uninterrupted access along the boardwalk for
maintenance and operation of company facilities; 2) the company
reserves the right of uninterrupted access of the boardwalk for
upgrading, modifying, or rebuilding of existing towerlines in the
future." Mayor Norton asked that that portion of Mx. Alexander's letter
appear in the minutes for he felt it might bear on Council's deliber-
ations,
Stephanie Beach, 854 Clara Drive, Palo Alto, asked that Council support
the Planning Commission recommendations, particularly Iteat B-1, which
related to waterdog training in which she and her family were involved,
as well as birdwatching. She said that at present they had to drive
to Los Banos Wildlife Refuge and Grizzly Island Wildlife Refuge for
dog training.
Kenneth Good, A atniatrative Officer of the East Palo Alto Municipal
Council, told of the development of a Comprehensive Plan for the
Cooley Landing area in East Palo Alto. An extensive marina and
land improvement were planned for park use. He said that the
birdwatchers in East Palo Alto were also concerned with Open Space.
He said he offered his cots about East Palo Alto's General
Plan for whatever use they might be in buttressing Palo Alto's
decision.
Christy Holloway, 537 Riibar Lane, spoke from the standpoint of
a Palo Alto resident and a member of the Environmental Volunteers.
That group sought ways in which environmental concerns might be
incorporated into the curriculum of school children. Her special
interest group comprised of 5800 student. Palo Alto had been
widely praised for its high quality educational system, She asked
that the Council keep the Saylands in as clean a state as possible,
so that ecoeeysteeae would not be destroyed and could be studied.
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Don Orgish, employee of the Palo Alto Airport, said he was a friend
of aviation, and turned over to Ann Tanner, City Clerk, a petition with
the signatures of 100 people who were for the improvements at the
Palo Alto airport. While a second runway was contemplated for the
airport, Mr. Orgish a;;reed with many of the epe.a':ere that a second
runway would do more harm than good, though other new improvements
were needed. "We don't want to be hidden in a corner and have a lot
of bushes put around us with (the City) saying "We know you're there
but we don't want anyone else to know you're there."" He spoke of
reasons for people taking up flying: one 20 -year old woman planned
to earn her license with the wish to become a commercial pilot; one
83 -year old man flew two or three times a month; some prominent business
men flew for speed and mobility.
Erica Lim, 675 Wellsbury, represented the Palo Alto Mariners. Her
group used the Baylands two or three weekends each month. She
said that if the harbor were not dredged those to come in the future
would be the losers, in that the harbor would then be unusable.
Margaret Stromquist, 3418 Thomas Drive, displayed some slides
which she felt demonstrated that disposal of spoils was not as
destructive as many had said. Walter Stromquist, her husband,
explained their significance with a positive point of view of
spoiler disposal problems. He observed that no serious attempt had
been made to establish plentirgs on spoils slopes. He held that
no marshland need be destroyed and that de -watering ponds would
not constitute a visual blight.
Ann 3unnenberg, 2351 Ramona, spoke on behalf of the Palo Alto Sea
Scouts. She said that indirectly all the discussions on the
dredging issue would lead to a decision that would determine the
fate of the Sea Scouts in Santa Clara County. The age range of tha
Scouts was 14 to 18 years and the majority came from Palo Alto.
She said that on the previous evening over one hundred youths and
adults had attended the Council meeting. Nautical sea ecouting
was a rare privilege, she said, and not possible elsewhere for
the teaching vessels had a deep draw and could not be berthed
anyplace else. She equated the cost of dredging with the "human
cost" of maintaining a worthwhile endeavor, and supported the view
of dredging as being well worth the trouble and expanse.
Jack Sherman, 1193 Eastbrook Drive, Los Altos Hills, offered the
compromise of continuing the harbor by removing the spoils
as the Planning Commission recommended. He said that page 52 of
the Eckbo report said that the cost for hauling the spoils to
a site off Alcatraz would cost $7.00 per cubic yard, at a total
cost of from S200,000 to $350,000 per year. Those rough estimates
had been gathered by, "...communication with the Olympian Dredging
Company." A barge of 95 feet by 45 feet could hold 500 cubic
yards of spoils. The 39,000 cubic yards to be dredged from the North
Ares daily, and 9,000 from the South Are. Mr. Sherman calculated
that a smell tug could make 53 trips, bringing the unit cost of
each round trip to $6,300.00. Those were from Mr. Eckbo's estimates
of cost —be, himself, felt that $1,000.00 would be closer to the
real cost. He gave other breakdowns of costs from the Eckbo report,
and added that a small bucket dredge would be sore financially
manageable than the hydraulic dredge proposed. Mr. Sherman asked
that the County relax standards which the Eckbo report was based
on, and that transportation roots for spoils be re-exaesined, keeping
in mind that if spoils were transported a de -watering pond would not
be needed, and, finally, that if de -watering were found to cost
more than transportation, the City enter into a cost -sharing progress
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with the County. He felt that since the harbor was so beautiful it
was well worth the expense of transporting spoils.
Barbara Wheeler, 868 Elbridge Way, who said, that though she was
a leader of the Mariners she would speak on behalf of herself.
She was interested in boating, she said, not attending meetings,
and she hoped that a master plan that would be adhered to and
thus eliminate the need for further meetings would be decided upon.
She observed the singularity of the marsh and water, and asked
that the City make more use of County help. She asked that more
care be given the landscaping , building maintenance, formation
of paths, acid installation of a drinking fountain and toilets,
John F. Riley, 1842 Edgewood Drive, seconded the sentiment of
Mr. Ragno. He felt critical of the Planning Commission report
which he characterized as being vague and full of generalities
and impractical and unresponsive items, He cited item Aell
which said that because of the high level of monoxide near
Highway 101 "...physically intensive" activities should not be
encouraged there. He asked if that meant that baseball and
soccer at the present were all right, but lacrosse could not be
added, and he asked for documentation on the high monoxide levels
close to Highway 101. He asked about the proviso that City equipment
storage be restricted: to what extent --teen cars ---100 cars? He queried
the stipulation of the Planning Commission that levees be built to
...the minimum required." Four feet, eight, ten, twelve feet?
On the matter of the second runway at: the airport, the allusion
by the Planning Commission to views having "been expressed"
raised in his mind the question of whether or not there was au
environmental report available to the public, so they did not have
to hear veiled allusions to views not known to them. He asked for
some documentation on the Planning Commissions "concern" over
noise and safety. "Explore the possibility of a regional training
facility," did that phrase mean, in relation to the pistol range,
that the Planning Commission wanted others to come hare to use the
facility? About the desirability of transporting spoils, would not
an environmental impact report be needed in the place to which
the spoils would be transported? He favored Mr. Stromquist'a
reporto and also the solutions it proposed.
Micheal Parker, 13770 Robi ada Road, Los Altos Mille, had been
both a sailor and teacher of sailing and was now a member of the
Save the clay Association, Ea favored dredging the harbor "if absolutely
necessary," Re questioned why a study had not been mad* of storing
water in the lagoon to be released later, thereby increasing the
flow rate which would remove silt more effectively. Re said that
someone on the staff said that the study had not been made in order
to preserve the island from flooding. Mr. Parker guessed it W2s
because there were birds on the island. Hs thought Yacht Club
Point could serve as an alternate bird -nesting area. He asked
why there were dikes where no dikes appeared to be necessary such
as one at Mayfield Slough.
Larry White, Nature and Science Director, replied that the lagoon
had bean studied as a mitigation measure to landfilling to increase
tidal circulation and improve water quality, while et the same time
protecting the island. Stored water would only equal a simulated
high tide. Were the water to be stored 2,5 feet higher the harbor-
master's house and adjoining area would be flooded. The tidal cycle
was set to preserve Castle Island as a resting place for birds,
for it was one of the few remaining areas where they could rest
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unmolested. The flood basin diacharging into the hLrbor to increase
siltation was studied first by water resource engineers to see if
the flood basins could have dual use of providing flood -detention
waters and also to revivify the channels and bring wildlife back.
Tidal elevations had been restricted in order to do that, first to
low'- -1.7, then to -2.2 feet, and so it was not feasible to flush through
the harbor to remove siltation. Mr. White said the idea had been
thoroughly studied.
John Walker, 19375 Greenwood, Cupertino, said in his recollection of
years back the harbor had cleaaed itrelf every year when the raius
came, and he thought that harbor tIlenges had brought about an
end to that process. Ha recalled e_ eo having voted for bond issue
which would make a park at the harbor which be had hoped would be
like the park at San Leandro.
Doug Cheeseman, 2080 Kittridge, ,'aratoga, was a teacher at AeAnta
College of zoology and ecology. His classes did sampling at Palo
Alto marsh, and he felt it was a "fantastic resource." do mentioned
the cord grass which had vast productivity. He thanked the City of
Palo Alto for keeping the marsh as it was and not dumping spoils all
over it.
Harriet ?Cindy spoke again saying that no one had suggested that the
marshes were going to be filled. She added with some vehemenca that
she wished for an end of the "feud" between birdwatchera and boaters
for were it not for the birdwatchers there would be no marshes left.
"Birdwatchsrs" she felt was a trivializing term for "nature lavers."
Mayor Norton asked that the birdvatchers reciprocate (by not
using "boatels" in a pejorative way).
Ruth Peterson, 963 Lawrence Lane, said that sailing was an art and
a science given to our present generation from time immemorial, which
art she felt should also be pointed out to students being brought
to the marsh for nature study --for sailing used vindpover for
clean energy ---that awareness could be imparted by sailors to students.
She said she herself would be very glad to be a part of such teaching.
Dexter Richards; 811 Guinda, said he was a boat owner, and since
many areas have dried up he felt that looking into other areas
for boating was very vise. He did not think the present harbor,
since the outlet for San Frsncisguitc Creaekhad been diverted, would
be a wise choice. Cooley Landing would provide more trouble and
cost free deep water, as one example.
Dr. Ellerteon spoke again offering. he said, "thee olive branch" to
Harriet Mundy. He continued that one nature -lover faction had made
boaters feel "Nv..cked, wealthy, Vanderbilt -type boetowuers." He celled
for peace and cooperetion among all who enjoyed the marshland area.
Orval Pairba; rn spoke again remarking that he bad net herd Ms.
Mundy extend the olive branch to the pilots. He asked her to
extend it, and deplored the arguing between the various classes
of users of that bomber area.
Dick Jacobson, 761 Southhampton Drive, and he said he was reproseutative
of propertyowners in the South Bay. He felt the quality of the baylsads
needed improvement in the following area: the parking lots needed
landscaping to the same proportion of 5 percent required in other
areas of Pala Alto; public facilities needed upgrading that was
required of private devslopmsnes, compliance should be requested
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from Los Alton in upgrading the combination dump and junkyard in
their piece of baylands property, for, though it was a fill operation,
he did not believe it had the approval of the Army Corps of Engineers.
He had written a letter to be incieded in the packets of Councilmemberas
and he asked that his suggestions be included in the Comprehensive
Plan for the Baylands.
Mayor Norton said he had emphasized the importance of landscaping --
he asked the staff the status of a plan toward landscaping that
had been adopted about six months ago.
Larry White, Nature and Science Director, replied that were the
direction to be given immediately to start planning, going through
approval process would take perhaps a couple of months.
Jack Otto, Louis Road, asked for definite figures on costs.
He cited some conflicting figures he had heard, which rose to
$25,000 per boat within five years. He urged that soma plan be
worked out for the use of Cooley Landing.
Dan Peck, 680 Rhodes Drive, spoke of the difficulty of growing plants
on the spoils area. He produced a study of April, 1976, made by the
Army Corps of Engineers of the Alameda area, showing that they had
experimented and successfully grown both cord grass and pickleweed on
epoil8 areas. He said that Mrs. Laura Black had the study and she could
tell Councilmembers where it could be obtained.
Larry SJhit.e commented on marsh rebuilding in the Alameda Slough area
where an inner tidal zone was being created through tidal exchange.
De'watering ponds, he explained, were at an elevation where it was
not possible to have tidal exchange so that the results of the
study could not be applied to levees and de --watering ponds, though
it could be used with dredged spoils.
Council recessed from. 9:20 to 9:45 p.m.
MOTION: Councilman Beehra moved, seconda by Clay, that the public
hearing be closed. The motion passed unanimously.
Councilman Comstock remarked that Council had "pages and pages"
of recommendations, most of which were not controversial end
could be acted on unanimously with minimal discussion among
Councilmembers. He queried the best mechanism for action so
that work could commence an those matters.
Mayor Norton said he had some questions about specific meanings
of some of the recommendations. He suggested that Council take
items A through R somewhat in the manner of adopting a Consent
Calendar, with Courcilmembers removing Uses which they felt
needed more elucidation.
Councilman Sher agreed that Mayor Norton's plea would expedite
the method of approval. He *eked the opinion of the consultant
as to how he thought the Haylands Master Plan related to the Planning
Commission recommendations, and he noted that the consultant had not
taken up some of the items in the Eaylands Master Plan.
Mayor Norton agreed and said he had intended to ask Anne Steinberg that,
for the Planning Commission had not specifically recommended adoption
of the Baylands Master Plan. He asked if Council was to assume
that the baylands Master Plan was approved except for the major
differences with the Planning Commission's recos mendetiona.
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Anne Steinberg, Chairwoman of the Planning Commission, replied that
the Mayor's assumption that the Planning Commission basically
accepted the Baylands Master Plan was correct --she realized that
the Planning Commission had not so stated in their recommendations.
Councilman Sher recalled having read in the Planning Commission
minutes they remarked that they had been instructed to "stay away
from the maps," and he asked if Ms. Steinberg's suggestion was
that Council adopt the maps along with the recommendations.
Cod rec--
ted
See pg
791
Ma. Steinberg replied that the Commission had looked only at
a parcel map. She checked with the consultant, Russ Frau-Brac.
Russ Frau-Brac, consultant with the Environmental Impact
Planning Corporation, spoke of the process of developing
a Master Plan. The report at hand was not a Master Plan,
but a report with recommendations on alternatives which could be
eelected to develop a Master Plan to be put together by the
consultants, along with an Environmental Impact Report on the
Master Plan draft. The Master Plan draft would return to Council
for review and adoption. The consultants would then finalize the
Plan and prepare a final Environmental Impact Report.
Mayor Norton asked if Mr. Fran -Brat felt the Planning Commission
had selected those alternatives that would help the consultants
clarify their roles. Mr. Frau-brac responded in the affirmative.
Garrett Eckbo, consultant with Garrett Eckbo 6 Asaociatea, added that
inherent in the whole program had been the consultants' efforts to
get a unified view of the entire Baylands area: so many organizations
for whom use of the Baylanda was essential made it difficult for
the consultants to "...resolve those relationships." He said he was
"gettf;g a little deeperate" about finding an ideal resolution, one
that would aatisfy all groups.
Councilman Sher noted that the consultants were satin Pied that
the Planning Commission had addressed most of the points
they ceede9d in order to proceed, 8e asked that the consultants
cell Council of any points that had not been touched on so
Council could also act on them, then the consultants could move
on to the next stage of the process.
Councilman Carey said that when Council reached the yacht harbor
issue he would say he was toot prepared to vote, for he felt he
did not yet have enough Information on which to make a decision: he
thought be might move to continue the item
Councilman Spahrs said that while many of the matters were non-
controversial, some debate would occur on other issues, which, in his
opinion, the public was entitled to hear. He felt it should occur
in a special meeting when there was no other matter before Council.
Mayor Norton recalled that some Counci mbers would not be in town
at the following two scheduled meetings, and that a special meeting
could be held after March 16, so all Councilmembers could be there.
George Sipel noted that at least two weeks would be needed to
get information for the meeting requested by Ccuncilmembers. After
some discussion the regular meeting of April 4 was tentatively set
for the sole discussion of the Baylands topics.
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Councilman Carey requested that staff investigate the cost to the
City of harbor dredging and creation of the pond; the cost of
relocating the pistol range; the cost of establishing temporary
de -watering ponds for needed dredging of the South Arm; cost
of removal of the material to such an established de -watering pond;
cost of maintenance and operation for water quality control, as
well as landscaping, of the pond, so that costs incurred by the
City would be known,
Vice Mayor Clay asked that staff look at other alternatives
for disposal of the spoils --perhaps the dump area, the golf course,
Greer Park, or like feasible facilities.
Councilman Seehrs asked for an answer as to why the County, if it
did not already, could not assume all costs on dredging including the
removal and placement of spoils, even though the spoils might
have some value to the City. He said he favored a development
of "unspoiled" marshland along the southern reaches of the
yacht harbor if it were possible. He asked for specific figures
of the cost of transporting spoils to Alcatraz Island. He
thought perhaps the Army Corps of Engineers could give some information
on tha t .
Councilman Sher asked caneultants how they suggested the walls
of the mud -holding ponds be landscaped --he had heard much
irrigation was required. He asked if the hydraulic dredging pipe
would be permanent and visible, and that the precise location
of the proposed de -watering pond be located on the map. Was there
any way the spoils could be mixed with, other soils so that the
salinity would not be so high and it would therefore be viable
for plantings? What was the elevation of the proposed de watering
ponds, proposed for 20 -year use, relative to the elevation of the
dumping area? He asked the angle of elope and the dimensions of
the walls "toe to toe" so far as width, and whether or not they
posed any earthquake problems. Was there danger of the bulldozer
perhaps scraping or penetrating the permanent "pad" or groundsoil
of the proposed der -watering pond, and could it load to damaging
leaching of salt from the spoils into the topsoil —what measures
could be taken to prevent that happening?
Councilwomen Witherspoon asked if the cost of the existing de—aatsring
ponds was to be included, and the cost feasibility of using the
existing pond vie -s -vie the new one proposed. She referrnd to pages
2, 3, and 4 of the technical report on the pros and cons of
including hydraulics in considerations on the harbor, along with
considerations of dredging. She asked if there were further
information elsewhere in the report.
Councilman Carey said that was included in the Stromquist proposal,
which he said he would like staff to look into to find out if there
would be substantially increased coats to the City. That report
also gave consideration to mixing other materials with spoils
for covering the present lift at the garbage dump, which, irrespective
of whether or not there was a second lift, would require a great
deal of material for covering, about 600,000 cubic yards if he
recalled correctly. He asked staff to find out if dredging spoils
or a mixture of spoils with other material could be used to cover
the garbage &asp lift.
Councilman Comstock asked that staff report on the procedures used
in the Joint Powers program between the two counties and possibly
the City, for development of a harbor and marina in another location,
and what the prevailing public attitude toward it was; He s.iso asked,
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what the staff response had been to PG&E's praiseworth•' offer of
turning their boardwaiko over to the City; he requested some
clarification from staff on item 5A-11, regarding the level of
use for recreational purposes in the Baylands, and how close to
Highway 101 they were; he referred to a report on 100 -year
levees made by the Army Corps of Engineers, and asked whether or not
there were further studies --would the staff please comment on that.
He asked the possibilities of operational control at the airport
of the first and second runways —land used for approach and takeoff, as
well as a report on the noise factor of planes over the yacht harbor.
Couuci.laan Eyerly remarked that from the questions posed thus
far another study was being built, and he noted that the report in hand
anawerea some of those questions. He voiced concern over the
length of done needed to answer all the questions. On another
topic, he asked the cost of procuring the dirt needed for the
approximate two and saes -half foot fill required in order to cover the
present lift at the garbage dump.
Councilwoman Witherspoon raised the question "Who owns the dirt (from
the spoils) --was it an asset or a liability? She asked the location
of levees in the Baylenda, and by whom such levees were required.
Councilmen Carey spoke to the matter of the cost of fill for the garbage
dip_ -depending on how close or far away certain quality of material
was obtainable, the cost ran from $1.00 to $3.00 a cubic yard, added
to which was the coot of hauling.
Councilman Beehre voiced concern that the findings of the Planning
Commission could be invalidated by all the questions being asked.
Councilmen Barwaid agreed with one of the members of the public who
queried the right of the City to use "dedicated park land" for
de -watering ponds, and the like: he asked for same remarks on
that by staff. Along with that ha asked for comments on the
requireseuts end safety factors for levees of certain width, suet:
as the 158 -foot width which had been mentioned. 3s also asked
if there wee staff consent to the recommendations about solid waste,
and did they include the rocoamandatione of the Joint Pavers agreement?
George Sipel, City Manager, answered that recommendations covered what
had been diecuessd to the present date.
Councilman gerweld seggested a drawing would clarify the question,
He mentioned the settling rate, apropos of a visit Council bars
had made and during which the highest points of the garbage dump
toward the Baysbore were said to be subject to settling of perhaps
twelve feet annually, so that they would be the same level es the lower
area. He said the question about "permanent second lift" vis-a-vis
"interim second lift" seemed snot, for any lift would be permanent.
Mt. Sipet3 said that in view of the large giber of questions he had
some reservations about the staff's ability to have the information
by April 4, though he would try. In about two weeks they would know.
Mayor Horton confirmed that staff would try to make the April 4
date, which was a month away. Hr. Sipel said he wanted to try to
get the material to the Couacilmembere in time for their study
which ideally would be in three weeks at the meet.
7 5 9
3/1/77
1
Vice Mayor Clay raised the questicn Ofthe length of the setback of the
proposed driving range and staff had recommended that the Planning
Commission and the Architectural Review Board: he stated that it
was premature to require a 100 -foot setback and delay in consideration
would delay the golf course plan.
Ken Schreiber, Assistant Planning Director, said that he hoped by the
end of the worth to have Robert Sancho, architect and contractor of the
driving course, under contract. 0a of his first responsibilities
would be to prepare a detailed plan for the driving range, with the
objective of having the range set as tar back as feasible from the
road. He said his sense of the Planning Commission's Irish was for
a good design and an unobtrusive fence rather than specific "tape -
measure" footage. He said they planned to give the driving range
the Safe Design Review with Planning Commission, Architectural
Review Board and City Council review, and the process would begin
in April. He said the wish for a 100 -foot setback need not be a
stumbling block, and that the Planning Commission shared Council's
concern that the view of the fence not be dominant.
Vice Mayor. Clay emphasized that he did not want that evening's
deliberations to affect the likelihood of a good golf course design.
Mayor Norton queried the possibility of using some spoils which
had heen composted to raise the now too -low level of the fairways.
Ken Schreiber said that the problem, due to the saltiness of the
soil, was too much fill, not enof'gh, and so he wan pessimistic about
the further use of *aline materials.
Corrected
See pg 791
Mayor Norton asked that the possibility be fully explored, and "by an expert."
MOTION: Councilman Carey moved, seconded by Comstock, adoption
by Council of the Planning Commission recommendations, 5A - (I) through
(15.)
Mayor Norton questioned Item 3 which read "That the PG&E boardwalk be
upgraded for safer pedestrian use," and asked if the Planning Commission
recommended widening.
Anne Steinberg said that the Cession intended that some unetcad-
inesses be made more secure, and the like. The Commission did not
cars whether or not the boardwalk wee widened.
Councilman Seahrs raised the point of cost of maintaining public
liability risk, unless there were some agreement with PCGE that the
cost be borne by them.
Mayor Morton asked if the statement "...keeping earebes open in the
bay along the entire shoreline" implied that there would be no levees.
Corrected
See pg 791
Ms. Steinberg said that that recommendation was in keeping with
Ear Conservation District Commission ( ) requirements.
Mayor Norton asked about item 5 about the duck breeding area, "...vegetation
buffer and controlled bird high tide refuge," and he wondered which
area wms specifically meant. Mee. Steinberg said the flood basin
was the specific area.
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Councilman Berwald said there was no public access to Hook Island
at the present and so he asked how it could be further prohibited.
Mr. White said that there was access from the boardwalk beginning
in Mountain View's Shoreline Park. The intent of the recommendation
was that no access be provided.
Mayor Norton questioned item (7) which recommended restoration
of flora and fauna to 'disturbed upland sites,' Larry White said
that there were no disturbed upland sites in the area, but that what
was meant was preservation of the annual weed patches.
Mayor Norton read from item 8 "...adequate amounts of native food
and cover for wildlife be insured...," and asked if more were
intended than was presently the case. Mr. White replied that the
recommendation was to foster continuing diversity.
Mayor Norton said that item (9) of A. seemed to be a duplication of 0.
Ma. Steinberg agreed, she acewued it was left in for emphasis.
Mayor Norton asked that it be deleted unless it was different.
Ma. Steinberg replied that it could be kept in 0 and deleted in item 9.
AMENDMENT: Mayor Norton moved, seconded by Berwald, that item 9 be removed
Correctedsince it is staged in 0. The motion passed unanimously.
See pg 791
Mayor Norton asked about opening the channel near Sand point, in item (10).
Larry White replied that would permit the area to be inundated.
Councilman Beahre asked what was meant by ;'...new intensive
outdoor recreation activities," to take place along Bayehore Freeway.
Anne Steinberg, chairwoman of the Planning Commission, explained
that the recommendations had been phrased to be open to definite
action, to be defined in later in a plan which would then come to Council,
Vice Mayor Clay mentioned the possibilities of interpretation that
cyclists might make at the site of Greer Park and the old drive-in theater.
AMENDMENT PASSED: The motion to delete item (9) since it is a duplication
of 0, passed on a unanimous vote.
MUUMUU: Vice Mayor Clay moved, seconded by Witherspoon, that item A
(il) be deleted.
Councilmen Comstock said the subject being discussed was a finite
amount of land already "pretty well committed," and Couancilmembere
were at that time giving their preference* for usage, and he thought
that should be borne in mind when Council voted on the motion.
Vice Mayor Clay said that the high levels of carbon monoxide
led to Council being restricted to a limited number of suggestions
for usage. His motion to delete the item was in recognition of
the vagueness of the warding of item (11), whitb, from that consideration,
should be more definite.
Councilman Sher clarified that the Planning Commission reamed two
questions, that of carbon monoxide and that of land use. He asked
that the Planning Commission make a more precise recommendation.
Ms. Steinberg said that. the Planning Commission was dealing with.
the Daylands only when they drew up their recommendations, not
Groan Park ¢nor the ITT property.
7 b 1
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Councilman Sher affirmed that the activity was proscribed, not a
specific land area. Ms. Steinberg replied in the affirmative.
Mayor Norton asked if dog runs were precluded. Ms. Steinberg she
did not think they were precluded.
Garrett Eckbo noted that page 18 of the Planning Commission minutes did
not state specific distance from Bayshore Freeway.
Councilman Beahrs =3aid all the motorists on Bayshore Freeway were
inhaling the carbon monoxide —perhaps the freeway should be closed.
Councilman Berwald said he would vote to delete item (11), but he
hoped Council would leave decisions on usage up to the planners.
AMENDMENT PASSED: The motion to delete item 11 palmed on the following
vote:
AYES: Beahre, Berwald, Carey, Clay, Comstock, Eyerly,
Norton, Witherspoon
`..`".` S : Sher
Councilman Eyerly noted that item (12) dealt with expansion of bicycle
and pedestrian activities and asked if the word "controlled" should
be included before "bicycle" to avoid their being used on some
boardwalks or levees. Ms. Steinberg said that the Planning Commission
agreed bicycling should not take place on the boardwalks, and that
the staff had said there would be no problem in setting prohibitions.
Councilman Eyerly raised the point on item 15 relating to "...coutinuetion
of natural greenepace," asking if it ruled out the possibility of having
a de -watering pond.
AMENDMENT: Mayor Norton moved, seconded by Beahre, that the word "ultimately"
be inserted after "should" in it. (15), so that the phrase would read
"should ultimately become an asset."
Councilman Sher agreed that as the suggestion was now the dsoponition
of spoils was precluded.
Councilman Sambre added that "a lot of leaching" could be accomplished
with sewage as well as spoils.
AMENDMENT DMENT PASSED: The motion amending item (15) passed on a ;:nanimoue
vote.
140TIDN PASSED: The motion adopting Section A as &melded passed on a
unanimous vote.
MOTION: Councilman Comstock moved, seconded by Beahrs, that Section h$
of the Planning Commission recommendations be adopted, that Palo Alto
should oppose the location of the South Say Discharger pipeline through
its laylands, and the Water Quality Treatment Pmt should be upgraded
to provide for the rsclemation and reuse of waste :eater.
Councilwoman Witherspoon asked it Council had the authority to
approve the South Bay discharger pipeline or to have the right to
say where it was placed,
Corrected
See pg 791
762
311177
George Sipel, City Manager, replied that Palo Alto was a member of an
agency which deals with that, and was one of five or six cities who
supported a lobby toward bringing about the most advantageous area
to situate the pipeline. The Regional Water Quality Control Board,
as it was called, had authority to make the ultimate decision.
Councilman Eyerly said that the South Bay Dischargers were working
toward a "no -build" option, but the Regional Water Quality Control Board
and the tnvironffiental Protection Authority (EPA) had said that Palo Alto
had to do further sampling to convince them that the "no -build" option
was viable. If that did not work out the pipeline would have to be
built, with an emphasis then on not having it disrupt the Baylands
unduly.
SUBSTITUTE MOTION: CounciLmaa Eyerly moved, seconded by Berwald, a
substitute for the Planning Commission's recommendation that
the Commission recommends that Palo Alto should actively support the
"no --build" option for the South Bay Discharger's pipeline; however,
if the project is mandated, work to select the least disruptive
feasible route.
Councilman Comstock said that the motion as proposed by the Commission
put Council "squarely in the no -build option," and that favoring the
no -build option might foreclose other opportunities with the
Federal Government.
SUBSTITUTE MOTION PASSED: The substitute recommendation that Palo Alto
actively support the "no -build" option or work toward selecting the least
disruptive site for the discharger pipeline passed on the following vote:
AYES; Beahrs, Berwald, Carey, Clay, Eyerly, Norton, Witherspoon
NOES: Comstock, Sher
MOTION: Mayor Norton moved, seconded by Berwald, that the balance of
item $ on the agenda 'e continued to April 4.
SUBSTITUTE MOTION: Councilman Comstock moved that the meeting be adjourned
and that the City Council set April 4 as a special meeting to deal with
the remaining items on the Baylands Master Plan - Planning Commission
recommendations, and that if the City Manager agrees, special
emergency items could also be considered.
The substitute motion failed for lack of a second.
Mayor Norton said he would argue against not dealing with item 6 on
the agenda for that evening.
Councilman Comstock said that thug far the staff had not been authorized
to do anything.
Mayor Morton clarified that he intended by his motion to wove the balance
of the Baylands' discussion to April 4 and finish the rest of the agenda
tonight.
Councilman Sher added to tap motion to continue the wish to find
out what the County had planned for a second airport runway: did they
have a timetable (if they planned to construct it) , and did they
have the funds.
7 6 3
3/1/77
Councilman Comstock observed that he felt an obligation to those
in the audience who had core there two evenings in a row. He asked
that items C, D, and perhaps E and F be discussed that evening. He
said he would oppose the motion to continue.
MOTION PASSED: The motion that the balance of consideration on
item 5 he continued to April 4 passed on the following vote:
AYES: Beahrs, Berwsld, Clay, Eyerly, Norton, Witherepoon
NOES: Sher, Comstock
ABSTAIN: Carey
Councilman Carey stated that he would not participate in the item.
Councilman Eyerly noted that he had moved to reconsider the item now
under discussion. He commented on the Conflict of Interest guideline
set forth by the State Governmental Code and also by City Ordinance
2.10.050 which said that conflict of interest arose from "material economic
effect" resulting from 1 percent of income change over economic worth
of the business entity. He had received some communications fro the
public indicating they thought his deliberations on the parking lots
might be illegal according to that, and he repeated that he did not
own the property on which his hardware business was located nor was he
aware of any change in the busincee itself through location of these
lots, though if the lots were adjacent to his store he agreed there
could be some perceptible difference. The City Attorney had confirmed
his opinion about the Lytton-pipling lots, that they would not affect
the Eyerly business and the parking in the City Hall had not affected
it either. He felt that nut all of the information necessary to making
a considered judgment had been available to Councilmembers in their
discussion of the Lytton-Kipling lot at an earlier meeting. Since
the voting had been close, he had wanted Council abera to have exact
width of the streets, ingress/egress, and the like, which they had
now been provided. The resolution on the 'old Safeway lot' could be
broadened to include the Lytton-Kipling property for Eminent Domain
if they obtained six votes. He *eked for comments on how best to proceed.
Jews Mudek, Treasurer, said staff had worked out six alternatives.
Plan A exhibited it a color drawing approved by the Architectural
Review Board, vas on the wall; variations of that plan included the
possibility of acquiring 430 Kipling, as well as alternatives without
424 and 440 Lytton; an alternative without 424 Lytton; and variations
with 430 Kipling. Mr. Hudak said that staff recommends that if Council
believes that the provision of parking in that area is more important
than the diaplacerlmtent of the tenants at 424 and 440 Lytton, that Council
take the plan which includes the Kipling parcels as well as those at
412 and 420 Kipling, and that would be Plan A.
Councilwoman Witherspoon confirmed that staff did not think it was
feasible to have just the lots in the middle of the block without
the Lytton -fronting properties.
Mr. Hudik said that the number of spaces in that Plan S Councilwoman
Witherspoon referred to provided 39 spaces, ae opposed to the 53 spaces
on Plan A. Plan C, because of the narrow access only on Kipling
would necessitate removing 13 existing ow" -street parking spaces,
which meant that the net result mould be only 26 spaces.
764
3:1/77
MOTION: Councilman Eyerly introduced the following resolution and
seconded by Beahrs, moved its adoption.
RESOLUTION 5355 entitled "A RESOLUTION DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN LAND AND DIRECTING THE
FILING OF EMINENT DOMAIN PROCEEDINGS."
Mayor Norton asked Ken Jones, bond counsel, if the proceedings were
in order thus far. Mr. Jones said that they were.
Councilman Sher said that in his recollection the matter before
Council was unchanged from the earlier considerations which had led
to twelve motions. He counseled going very slowly on Eminent Domain,
as they had in the put. Action had been deferred on the old Safeway
lot, however, and he said he did want to see that project move along.
AMENDMENT: Councilmen Sher moved, seconded by Comstock, to delete
the portion of the resolution that refers to the Kipling/Lytton properties.
Mayor Norton &eked if Councilman Sher perhaps meant to remove
just the two lots on Lytton.
Councilman Sher said that he accepted the staff's comments that
the parking lot was not feasible without the two Lytton properties.
He repeated that he intended his motion to ease that oely the
old Safeway lot remain iu the resolution.
Councilmen Eyerly said that the design which the staff had submitted
on A-55 cars, had about ten feet of landscaping along Kipling Street
but not that tech lcndsceping had been included along Lytton, but a
mound in the lower lefthand corner was good destge, in his opinion.
Most of the cement of parking lots in Palo Aleo cruse right up to the
sidewalk, and he thought the screening of was very good. He repeated
that the area of Lytton/Kipling had old houses which, if the City did
not develop a parking lot, mould not become viable. The narrowness
of Kipling indicated that parking on one side should be eliminated.
The ten feet of landscaping could be widened if deniraad w he added,
to provide even better screening on Lytton.
ANT FAILED: The went to delete the Lytton/Kipling properties
from the University Avenue Parking District Asuessment District failed
on the following vote:
AYES: Sher, Comstock
NOES: Beahrs, Berwald, Clay, Eyerly, Morton, Witherspoon
ABSTAIN: Carey
Councilman Sher requested that the motion before Coeecil be split the
motion, no that there could Eminent Domain on the old Safeway lot
*teethe Lytton/Kipling properties.
Kau Jones said be had prepared two resolutions: one for Eminent
Domain on the entire project; the secood excluded the Lytton/Kipling
frontage. Variations on either of the two could be readily made, ha said.
Mayor Norton explained that be vented to make it possible for
Councilman Sher to vote for the old Safeway lot but not Lytton/Kipling.
I
7 6 5
3/1/77
Councilman Sher explained that if there were three votes objecting
to exercising Eminent Domain on Kipling/Lytton the Safeway parcel
would not advance either. He did not want to jeopardize the old
Safeway lot project.
Mr. Jones said it would be
separate resolutions: one
Kipling lot.
Mayor Norton asked if
resolution was before
resolution #5355. He
Eyerly end Beahrs.
appropriate for Council to proceed with
for the Safeway lot, one for the Lytton/
Council could assume only the Safeway lot
them at that time, that to be the first
obtained agreement from Councilmembers Sher,
MOTION PASSED: The motion that Council adopt Resolution 5355
declaring Eminent Domain on the old Safeway lot passed unanimously,
Councilman Carey abstaining.
MOTION: Councilman Eyerly introduced the following resolution and
moved, seconded by Beahrs, its adoption (re Lytton/Kipling properties)
as delineated in Plan A of the staff report (CMR:172:7).
RESOLUTION NO. 5356 entitled " A RESOLUTION DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING
OF EMINENT DOMAIN PROCEEDINGS"
Councilman Berwald said that he would vote "no:" on the motion in its
present form. He said he had earlier objected to a wraparound (the
corner) parking lot; he wanted the property to serve the needs of
residents from Lytton to the Creek on the north; he did not refute
the need for parking but he did object to so many downtown corners
being taken for parking. He noted unattractive properties at Alma
and Lytton, and on high and Emerson streets. At Cogswill Park he
enjoyed the grove of large redwoods about 35 feet from the street.
Ramona and Bryant streets in that area presented further rundown
appearances with little lend given to setback on either hoses
or shops.
AMENDMENT: Councilman Barmaid moved, seconded by Beahrs, that
the resolution re Lytton/Kipling properties be &sanded to include
ten feet of landscaping be set aside for landscaping along Lytton,
with particular care to save the redwood tree located there; along
with a 3O -foot intensively landscaped area to extend through the
parking lot with paths and benches.
Councilman Berwald suggs*te►d that the Assessment District would
and should be willing to purchase the properties under those condition,
for in view of the present neglected appearance of the area a small
well maintained oasis would be welcomed by all. If those in the Corrected
assessment district were willing to pay for it he would favor a See pg 791
"reasonably long" driveway. As for the question of whether or not
it was possible to buy a "park" out of perking district funds, and
he suggested that it be called "an intensively landscaped area" and
consider it a contribl'tion of the district to the beautification
of town --he thought it would accrue to Downtown's benefit,
and also provide a "greenbelt" along Lytton.
Vice Mayor Clay referred to a letter in Councilmembers' packets
regarding a two-tier structure on the "old Safeway lot." Be asked
if the idea bad been introduced, and if so with whet outcome.
766
3/1177
James Hudak, City Treasurer, said the idea had not been dealt with
by Council or the Planning Commission or the Finance and Public Works
Committee, though funds to pay for a study of alternative methods of
giving access to Downtown, including transit, were available.
Vice Mayor Clay asked if the need for increased parking was anticipated.
Mr. Hudak said that the study had been proposed to provide parking
for the estimated 500 to 700 spaces for which there was a documented
necessity at the present time.
Councilman Sher said he would like to know how many parking spaces
would be left if space were taken for a Downtown park.
Mr. Hudak estimated that the net effect of the proposed Downtown park
would be to reduce the parking spaces by ten, leaving 45 rather
than 55 parking spaces. He said the parcels on Lytton/Kipling were
43 feet deep.
Councilman Sher asked about the effect that reduction would have on
the economic base.
Mr. Hudak answered that with the Lytton access the thirteen street
spaces on Kipling would not have to be forfeited. The "cost" would
be ten spaces. Overall cost would be $791,000, and that paid for
140 spaces, about $5600.00 a space; the ten -space loss would be about
$56,000.00.
Councilman Sher asked if it was planned that the entrance to the
parking lot bisect the proposeed, park area. Mr. Hudak answered that
he understood that was the case.
Councilman Eyerly said he liked the amendment and would support it.
AMENDMENT PASSED: The amendment that the parking for Lytton/Kipling
be tntenedively landscaped, with ingrese through a 30 -foot Downtown
Park, passed on the following vote;
AYES: Baehr', Bervald, Clay, Eyerly, Norton, Witherspoon
NOES: Sher, Comstock
ABSTAIN: Carey
MAIN MOTION PASSED: The potion adopting the resolution that Lytton/Kipling
properties be developed into parking, with pleas in accordance with
the amendment, passed on the following vote:
AYES: Mehra, Berwaid, Clay, Eyerly, Norton, Witherspoon
NOES: Sher, Comstock
ABSTAIN: Carey
/►L TICS. T.�. OHS.
Herb Borock, Box 11573, Palo Alto, spoke of the resolution of
January 17 on the University Avenue Parking District Assessment,
and the conflict of interest involved in the project, though he
acknowledged Councilman Eyerly had addressed his owe involvement
already. Mr • Borock said be thought, however, had Councilman
Eyerly not voted there would have been only five votes. Pe
conceded it was an open issue. Specifically he referred to
John Brooks Boyd, a consultant on the Downtown Parking project,
who he believed was a member of the Board of Directors of
Downtown Palo Alto, Incorporated. He said that he thought
Louis B. Green, Assistant City Attorney, had written an internal
staff memorandum on the matter, concluding that Mrr. Boyd
was not in conflict of interest, one assumption being that Downtown
Palo Alto, Incorporated had no specific duties to the City of
Palo Alto, and was an independent organization. Mx. Borock
said " I suggest going over the things that Mr. Berwald
said today, that the way in which he goes about drafting
resolutions is by consulting Downtown Palo Alto Inc., --
that perhaps there's more than what was said in that City memo
about Mr. Boyd's conflict of interest." The plans displayed
that evening were dated January 24 and had been available
to Downtown Palo Alto Inc. at their executive meeting the day
before. He said that to him there appeared a definite
conflict of interest in Air. Boyd's case, and regarding the
vote of Mr. Eyerly, Mr. Borock said that he had been unaware
of what Mr. Berwald was going to do, so that he (Mr. B hock)
did not investigate Mr. Eyerly's case. However, if, as Mt.
Eyerly said, a parking lot next door to his store did not affect
his business, the good effect of having parking lots at all
was nullified. Mr. Boxock stated that he felt the reconsideration
of the University Avenue Assessment District parking was illegal,
making this evening's action illegal as well. In the case
of conflict of interest: he supposed conjunctive relief was
available under the conflict -of -interest code in the Government
Code, He said he supposed the lawyers on the Council could
tell how to go about delaying any inquiry on that.
Mayor Norton asked Councilman Eyerly if he had not already
consulted with the City Attorney about possible conflict
of interest.
Councilman Eyerly replied that he had done so, and been
told there was no conflict of interest.
Councilman Berwald said ha had received a phone call from
the president of Downtown Palo Alto, incorporated which he
had not solicited. Councilman Berwald said he "lobbied"
Downtown Palo Alto Incorporated for a beautiful parking lot
rather than one which abutted the curb. Councilman Berwald
said that Mr. Borock's implication that Councilmen did rot
consult their constituents were "out of order."
Margaret Stein, 821 Santa Fe Avenue, Stanford, spoke for the
Palo Alto branch of the Women's International League for
Peace and Freedom (WILPF) . They had heard about the Bayla da
for a number of meetings, she said, and noted Palo Alto's
concern for the many and varied groups. Sbe asked whet the
Council was planning to do for groupa that represented other
interests than those aer-i d by the &glands.
1
Doris Jonas, 318 Pope, Menlo Park, supported Mrs. Stein's
question, and asked the rams questions what did the Council
have in mind to help the people who ware being dislocated by
their action? She said it was a question, not an observation.
>t ; e.
7 6 8
3/1./77
Mayor Norton replied "If relocation is applicable in this case
I suppose it will be taken care of...is that the question?"
He said that Oral Communications "...is a tins to address the
Council on matters of interest to the citizens, it's not a time
to have us resurrect a brand new issue and ... try to wrestle
with it." He said he supposed tenants and landlords would be
taken care of in as manner provided by law. He suggested that
perhaps the matter could be put on the agenda for a discussion
within a broader context.
POINTMENT 0
At the invitation of Mayor Norton, Councilman Carey agreed to
chair the Council meeting of March 7, when Mayor Norton and Vice
Mayor Clay would be out of town.
MOTION: Vice Mayor Clay moved, seconded by Bruits, that the meeting
be adjourned in armory f Walter Banks.
Vice Mayor. Clay said that Mr. Welter Banks, a distinguished
Palo Altan who had, among otter things, worked with the
Senior Citizens and who was at one time President of the
Palo Alto -Stanford National Association for the Advancement of
Colored People, had died on Thursday of the past week.
MOTION PASSED: The motion to adjouro in the memory of Walter
Hanks passed unanimously.
Council adjourned at 12:00 a.m.
ATTEST: APPROVE:
City Clerk `/
769
3/1/77
w�,�i�2`":