HomeMy WebLinkAbout1977-04-11 City Council Summary Minutes8
April 11, 1977
Regular Meeting
IT1.M
Minutes of March 21, 1977 and March 1, 1977
Oral Communications
Finance and Public '4rark.s Committee Recommendation To Council
Re Senior Center
Town Feting With Federal Transportation Secretary Brock Adams
Baylands Master Plan: Use of PG&E Boardwalks; Flood Protection
Measures; Flood Basin Access; Golf Course;
& bar°cadero Road; Bike Paths and Trails;
Refuse Disposal Site; Airport;
Baylands Interpretive Center; Pistol
Range; Athletic Center; Water Quality
Control Plant; Duck Pond; Municipal
Service Center and Animal Center;
Los Altos Sewer Plant; Privately Owned
Land;
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Adjournment 8 9 0
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4/11/77 •
April 11, 1977
Regular Meeting
The City Council of the City of Palo AJ.to met on this date at
7:35 p.m. in a regular meeting with Mayor Norton presiding.
PRESENT: Seahrs (left meeting at 9:55 p.m.), Berwald,
Carey, Clay (arrived 9:45 p.m.), Comstock,
Norton, Sher, Witherspoon
ABSENT: Eyerly
_MINUTES OF MARCH 21 1977
rrir�w merir �r�rrre.rs.
MOTION: Councilman Berwald moved, seconded by Beahra, that the
minutes of the meeting of March 21 be approved as read. The motion
passed on a unanimous vote, CounciI.members Clay and Eyerly absent.
MINUTES OF MARCH 1 1977
MOTION: Councilman Comstock moved, seconded by Norton, that the
phrase said to have been spoken by Harriet Monday on page 751,
"that should be deree," be deleted, her intent being that the
epoils be put out of sight, or, in brief, the collection of spoils
be stopped entirely. the motion passed on a uuanirous vote,
Counci.lmerbers Clay and Eyerly absent.
ORAL COMML"N1CATIONS
done
FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION
TO
COUNCIL
RE SENIOR CENTER
Mayor Norton commended Councilman Berwald for the many hours he
had spent putting the finishing touches on the recommendations
regarding the Senior Center.
Chairman Berwald explained that many Committee members had also
contributed of their time. His April 7 report he said he would
call "Exhibit A." He said he had palled both Committee and other
Council members on some of the items.
MOTION: Chairman Berwald moved on behalf of the Finance and Publie.
Works Committee that Council give direction to staff to prepare a
lease for the Old Police/Fire Building for the Senior Coordinating
Council, said lease to examine the provisions outlined by Chairman
Berwald and Couneilmaa Eyerly:
AMENDMENT: Councilman Berwald moved, seconded by Norton, that
Council direct staff to prepare a lease tor the Senior Coordinating
Council for the Old Police/Fire Building, said lease to include
Item A through R on the document identified as Exhibit A dated
April 7, 1977, entitled "Suggested Provisions for Lease Between
the City of Palo Alto and the Senior Coordinating -Council for the
Old Police/Fire Building."
1) Praservation of architectural character of the building.
2) Reference in lease to an approved construction plan.
3) Attachment to lease of goals, objectives and operasting
plan in general.
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4) Definition of tease line.
5) Definition of parking responsibilities, the number of
spaces, extent of the improvements and who preys for them.
6) Definition of exterior and interior maintenance
reeponaibilitie8.
7) Spell out reason for the lease in the declaration of the
lease, at least the fact that the property and the improvements
thereon, known as the Old Police/Fire Station, are being leased
to the Senior Coordinating Council for and op behalf of
senior citizens and in accordance with the goals'and purposes
outlined in the senior citizens' reports of January attd larch, 1977,
and that the property be used throughout the period of the
lease for generally the purposes outlined therein, that is,
for a senior center.
8) Provision determining utility service, whether the City
will pay or the Senior Coordinating Council will pay.
9) Provision for insurance; liability on behalf of the City and
the Senior Coordinating Council.
10) Incorporation of a uon--responsibility clause to protect the
City against mechanics liens.
11) Determination of whither landscaping for Cogswell Park will be
paid for by the City or not.
12) Lncorporation of consideration for assuring that funds
necessary to complete basic construction, excepting deferred
items will be on hand prior to letting of the contract for
construction and commencement of construction.
13) Provision for a period during which the other deferred
items will be funded and completed.
14) Provision for a time for the basic construction: to begin
and to be completed.
15) Provision for a deadline for the deferred items to be in place.
16) Attention given to availability of funds, at least to give
some assurance to the City that prior to occupancy the City
be assured that the lessee has sufficient funds to operate
for one year following initial occupancy.
17) Consideration for review by the City of the operating budget
and the annual program plans with the possibility that the
initial operating budget end ptiogrem plan be reviewed by the City.
18) Provisions for cancellation and the reasons therefore.
Councilman Herwald pointed out that the Committee recomsendatione say
"to examine provisions outlined by Chairman Berwald and Councilman
Eyarly," and Cotutcilann Berwald said that the statement should
have read, "...by Chairman Berwald and umbers of the Committee."
Councilman Eerwald then summarised the intent of each of the
items A through R, emphasising point G and he read "It is the
intent of both the S.C.C. and the City that the S.C.C. will be the
primary provider and consultant for the rendering of services
to senior citizens in the community and that in order to do so, the
S.C.C. will operate a multipurpose senior center on the leased
premiss. It is the further intent of the parties that the S.C.C.
primarily will be responsible for the identification of sources
and for the securing of commitments for the funds necessary to
carry out the progress contemplated by the S.C.C. The S.C.C. proposes
to bring together, under one roof, a broad range of activities
and services responsive to the expressed interests and needs of
senior sadulte; to mobilise the energies end talents of older persons;
to maximise the use of existing community resources through
increased visibility and accessibility; and to stimulate development
of new programa for seniors." Re referred to the matter of t ayeent
of utilities, saying he had left open the astnneer of utilities
payment, "City egress to credit the S.C.C. utilities account monthly
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in an amount equal to _X of the establish rates." he had thought
of the City paying perhaps 75 or 50 percent, the matter subject
to Council diecusaion.
Mayor Norton called for questions, and also suggested Oat staff work
out the amount of City payment on utilities, within the'range suggested
by Councilman Berwald.
Councilman Comstock clarified his statement recorded in the Finance
and Public Works Committee minutes on page 18. Contrary to the sense
of what had been recorded, which was that he did not support the
suggested itema, he had only questioned the content cf a few items,
such as landscaping plans for Cogswell Plaza and the times at which
funds should be available. Councilman Comstock said that the emotion
now before Council amended the recommendations of the Committee, and
he was in agreement for his earlier concerns had been resolved; it
now appeared that S.C.C. was not going to be asked to landscape Cogswell Plaza.
Further, the timetable for construction, and payment for that, bad
been satisfactorily worked out. Ris other concern about periodic
review of the budget appeared to have been worked out as well.
Councilman Comstock said ha wanted to draw attention to the discussion
at the bottom of page 10 of the Committee minutes ---he had specifically
asked Sidney Mitchell. (S.C.C. president) about operating costs, and he
had received assurance that S.C.C. had no intention of asking the City
to undertake any of the operating costs Councilman Comstock said he
approved the motion with the amendment, and said he thought the Council
would be happy to vote for it.
Councilwoman Witherspoon asked if Councilman Comstock had said he
thought some of the lease provisions would best be in a contract
rather than a lease.
Councilman Comstock said he did not want any of the provisions he
had had reservations about in either a contract or a lease, but that,
as the lease provisions (as amended) now read he was satisfied.
Sidney Mitchell, 1515 Waverley, President of the Senior Coordinating
Council, thanked Councilman Berwald and Coutu ilmembera for their good
work. He stated that S.C.C. had raised $730,000.00 within a six-month
period, and about funds needed in the future he thoegh they were "...a gap that
we can fill without too much trouble." in this chicken -and -egg
sequence be said the current egg that needed hatching was the lease.
Be felt the City and the S.C.C. were "...an amiable union;," working
toward common goals --to help the seniors in Palo Alto. The result
of the least -hatched egg, he said, "...will be some chicken."
He acknowledged the presence of Bud Hubbard, campaign chairman and
developer; Bill Salters, legal counsel; Phil Conway, executive director;
Louis Labatt, programs developer, Walter stro quisst, architect; John
Wilson, chairman of the Senior Centaur; Carol Bernhardt, and others.
He said that M*, {Geri. Steinberg, of the Santa Clara County Board of
Supervisors, had shown quite a bit of interest in the project but
could not be present that evening; Betsy Bechtel spoke in her
behalf.
Betsy Bechtel, 458 Lowell Avenue, said that the Board of Supervisor'
supported the Senior Coordinating Council and the establishment of
the Senior Center. Santa Clara County, she said, supported many
services for seniors: La Colada, senior transit advisory,
asocial workers and matey people in the social services department.
Lest December, she said, Santa Clara Couneyt had decided that $19,000
cf the Elspeth Triantes fund should be allocated to the Senior Center;
of that $1.9,000, $4,000 had been allocated to the Squire douse which
was ncry transferred back into the fund.
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Councilman Sher raised a question about the S.C.C. operating a
multi -purpose center on the leased premises, giving the intent of the
parties that the S.C.C. should be primarily responaible for the raising
of funds to carry out the programs. He asked if it was clear that
no amount of City funds were aosumed, but that City participation
in senior programs might vary from year to year, contingent on
priorities and resources available.
Councilman Berwald said that Councilman Sher's words summed up
the understanding. The credit from City --owned parking'snd some
percentage of the utilities were the sole City commitments.
Councilman Sher affirmed that it was not clear that the City had
no particular commitment beyond the lease and the. S.C.C. had no
expectations beyond that. Re ssair: he felt gratified to have had the
project move away from the commercial development'contemplated only
a year ago and have retained the building in public use. He expressed
confidence that the S.C.C. could complete the renovation and carry on
the programs.
Councilman Berwald said that the senior programs now in operation
would continue and be transferred over to the police/fire station
when it was ready for occupancy. He praised members of the Senior
Coordinating Council and City staff for their considerable help
through their detailed reports.
Councilman Carey asked the basis for setting a 50 -year term for
the lease to run.
Mayor Norton said the Council had voted on that.
Councilman Carey asked about the :statement in Exhibit A, "In the
event that the premises are not used ..." He questioned the
termination time of one year, feeling that one year was too long
for the premises to be unused. He suggested that' if the "fault"
of the premises had rwt been corrected within 18p days he felt the
leave should be terminated --thirty days would he even more appropriate.
Councilman Carey then queried the 180 days given the S.C.C. to commence
construction; he asked what information had gone into selecting that
span of tine. He voiced concern over the fact that the lease said
that construction did not have to take place until two years after
commencement: he felt sin: or nine months would be "adore appropriate."
He felt that if a contractor were given two years to do the job the
project would be put "on the back burner."
Councilman Berwald said that the S.C.C. hoped to have the lease
within a few weeks. One hundred and eighty days had been alloyed
for construction to begin for the fundraisers to have not only
more leverage but also more impetus. The two years before construction
commenced had been ,granted arbitrarily: the first phase was to be
renovation; the second phase to install kitchen facilities, draperies
and the like. The first phase, depending on available funds, might
take a peat; and there would be a total of two years to complete.
On the matter of terminating the lease, considerations of possible
subleases to other government agencies, possible funds being
given by b.quoets, and so on 180 days did not seam undue.
Councilman Carey asked Mr. Strosarquist if construction had to begin
after the fundraising was completed.
Mr. Stro•oquiat said it was hoped that the plans would be completed
within about four months so that they could be let out for bid.
Bs said that he would suggest that the lease be granted for twenty-four
months from the start of the lease, giving them ample time to raise funds.
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Bill Sauers, attorney, said the fact that S.C.C. had picked twenty-four months
after the start of the lease war due in part to concern over having
the money in hand, and also, since there was no pattern to go by, it
was difficult to forecast how much time was needed. They hoped that
in twenty-four months they would have both the building and the
programs ready and be actually ready to deliver`servictes. Some of
the funding was to come from foundations, and the time of granting
money was not clearly known. The S.C.C. would complete fester than
two years, if at all possible; if they went faster the City gained,
if they went slower they lost $1 million and a 50 -year lease.
Councilman Beahrs said that underlying all the deliberations was the hope
that neither Council nor Committee would create any insuperable hurdles.
So far as the 50 -year lease was concerned, he had the hope that when
Councilman Carey was ready to use the services the S.C.C. would
still be there.
Councilman Comstock said he shared Councilman Carey `s concern.
Council had the method of setting timeliness for development of P -C
zones and the like, yet the S.C.C. had used much ingenuity to
arrive at this point and there would be many different channels for
funding and material help to accrue to them in the future. Some
of that diversity of sources might be cut off were restrictions made
regarding time limits. "It ought to be okay if two years from now
most of the major work is done and they're still looking for donors
of a couple of big trees, or something like that," Councilman Cometcck said,
Bud Hubbard expressed his appreciation for all the cooperation the S.C.C.
had received. He said he, too, was concerned about the delay. Mr. Stromquist
was halfway in drawing up plans and specifications which were needed for
the Wheatley Corporation to give them a firm bid. Mr. Stromqui8t estimated
it might take as long as eight weeks to get those final plans. S.C.C.
was trying to work out a staging program, and working on the idea of
undertaking demolition and clean-up on a pay-as-you-go program. He
said he was sure the S.C.C. would be in the building long before twenty-four
months had passed.
Mayor Norton cautioned that in the "demolition" the building itself
not be demolished.
Councilman Carey said his uneasiness was satisfied. He said he still
had some uneasiness about the length of the termination period, and that
he might move en amendment tc shorten that time of 180 days' termination.
AMENDMENT PASSED: The amendment stating provisions A through R for
the lease between the Senior Coordinating Council end the City passed
on a unanimous vote, . Councii>eembers Clay and Eyerly absent.
Councilman Sher *eked about maintenance of the exterior of the building,
which, according to terms of the lease, was the responsibility of the City.
He asked if that was consistent with the tens of any leasing arrangement.
He asked to have the "theory" explained, saying that he also wanted
to *sic staff what such maintenance ce bight entail.
Councilman Berwald said the City had the responsibility for the exterior
of the building because the City vas in a better position to see that
some of the specialised maintenance vas done; also, such exterior
maintenance wee a conventional leasing arrangement.
Susan Strahorn, project manager, said she had checked with John fir,
who was in charge of City building maintensuoce, and he had indicated that
over the life of the 50 -year lease, exterior maintenance might cost the
City about $95,000, which included painting the building every ten years,
replacing glass if needed, replacing the roof perhaps three times
in the 50 years. The maintenance cost would cone to about $1,900 a year.
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AMENDMENT: Councilman Carey moved an amendment "that after the second
two-thirds vote of the City Council with respect to non-conformance of
use that the lease shall be terminated at the expiration of 60
days rather than 180 days."
He explained that there was six months to cure non-confor ance
and he saw no reason for it to continue another'180 days.
The amendment died for lack of a second.
MAIN MOTION PASSED: The main motion that Council adopt the Finance and
Public Works Committee's suggestion to direct staff to prepare a lease
for the Senior Coordinating Council, as amended to include Exhibit "4",
passed on a unanimous vote, Councilmembers Clay and Eyeriy absent.
TOWN MEETING WITH FEDERAL TRANSPORTATION
SECRETARY BROOK S
Mayor Norton announced that he had received a telephone call saying
that a Town Meeting concerning transit matters would be held in
McCabe Hall of San Jose State University, from 4 p.m. to 7 p.m. on
April 21, 1977. Councilmembers and all members of the public were
welcome to attend and express their views on public transportation.
Council recessed from 8:55 p.m. to 9:15 p.m.
PLAN SCONTINUED
FROM MEETING FEBRUARY 28 1977
PLANNING COMMISSION RECOMIENDATIONS
USE OF PG&E BOARDWALKS
Mayor Norton repeated that the public hearing on the Baylands
Master Plan had been closed two meetings past, with Council having
dealt with items 2A and 28; staff suggested reconsidering the possibility
of the PG&E boardwalk being upgraded for safer, pedestrian use.
Larry White, Nature and Sciences Department Director, said that
the agreement with PG&E that the public could use the boardwalk
was not a formal agreement --from the City boardwalk leading to the
bay from the Interpretive Center a gate on either side gave access
to the PG&E boardwalks. PG&E had nailed two signs reading "Use
at your own risk" and so far there had been no problem with public use.
People had fallen off both the City's and PG&E's boardwalks, both
of which were 21 or 3 feet wide. PG&E had asked the City to put
up the gates, but, while the gates had hasps, PG&E had never locked them.
Councilman Comstock recalled PG&E's basic proposition of turning
the boardwalks over to the City: the City had said the boardwalks
should be upgraded for safety and the 'setter had been left there.
Mayor Norton said that the effect of the earlier action of the City
had been that the Planning Commission's recommendation to upgrade
the safety would be followed. He said "upgrading" to him had meant
widening, and perhaps some takeover of the walks by the City.
Councilman Comstock favored the idea of e mop with
PG&E, with the City at some future date making a +eetar proposal
to put railings on one aids perhaps. One arm of the PG&E boardwalk
went toward the yacht harbor, where it ended an dry land; the other
arm went toward San Francisquito Creak, terminating before the lives
at the creek. Apart from the insurance and risk issue* Councilman
Co stock said the PG&E boardwalk had become "thoroughly public,"
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The boardwalks made it possible to experience all of the baylands
ecology. The deficiency was that the PG&E boardwalk did not connect
with the levees along the creek, which, at high tide, could leave someone
stranded. He felt a connection to the levees would'elimipate that hazard.
He foresaw a time when PG&E might feel they were unduly utilized
and put a lock in the hasp. He felt staff should set in motion an
agreement to keep the offer open.
Councilman Sombre agreed with Councilman Comstock'a rensrks, and
he commented on the generosity of PG&E in making the offer. He asked
what the hours of usage were. Re felt sore people` should not "wander
around down there in the dark of the moon...."
Mr. Whits answered that the boardwalks were used at all hours —some
use had been observed even at midnight, lookfug at "...clapper rails,
and other things,"
Councilman Sher asked if there were not some way to complete the
loop of the boardwalk without interfering with the problem of the
cost of liability insurance and the like. He asked Mr. White if he
thought PG&E would permit the connection of the levee with the boardwalk.
Mr. White said PG&E had been approached on the matter and that they
had responded is the negative, explaining that the extension to the
creek had been washed out a couple of times. The proposed boardwalk
would have to be quite substantial to withstand that, moreso than the
one now crossing the marshy part.
Councilman Beahrs voiced concern of the hours of availability to the
general public --he thought the area should be closed during the
night hours with availability only by special arrangement with the staff,
so that someone would know they were out there and they would then be
given police protection. With the present cost of insurance, the
staff should to alert to the problem.
FLOOD PROTECTION MEASURES
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The Planning Commission unanimously recommends that: 1) any flood protection
on San Prancisquito Creek should be coordinated with East Palo Alto and
San Mateo County; 2) the flood control project for the protection of Barron,
Mat*dero and Adobe Creeks in the flood basin should be completed when final
plans have been reviewed by the City; 3) in order to 'reduce the visual and
ecological i act of the salt water levees, their height shall be the
minima required to prevent flooding; and 4) new levee construction should
not intrude on any marsh or wetlands.
Councilman Sher asked Ms. Steinberg, cheir omen of the Planning
Ccmmisaion, if the Planning Commission recommendations applied to
"tbe big floods" and the salt water levee, and, if so, which of the
four points iucorporeted those recommendations.
Anne Steinberg, chairwoman of the Planning Commission, said that the
both points 3 and 4 addressed chat smatter.
Councilman Sher affirmed that the intention of the Planning Commission
was not to approves the recommendation for the massive levee which would
protect against the 104 -year flood —he asked if that was implicit
in point 3.
Mayor Norton said that be believed the levees discussed in point 3
were salt water levees, which were different from the levees proposed
for the 100 -year flood.
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Me. Steinberg said that Councilman Sher was correct, and point 3
did speak to the non --acceptance of the recommendations for the 18 -foot
levee designed to protect against the 100 -year salt water flood.
Councilman Sher said he agreed with the Planning Commission decision,
and he suggested it might be better to make explicit the lack of agreement
with the recommended 18 -foot levee. He said he wanted no question about
that in the future, for the height of the 100 -year flood protection levee
would cut the baylands in half.
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AMENDMENT: Councilman Sher moved, seconded by Comstock, that Planning
Commission recommendation C (3) be amended to read: "based an visual
and ecological impact, the proposed l8 -foot high salt water levee should
not be built."
Councij.ma.n Beahra asked the extent of Palo Alto's -jurisdiction
over what was a regional problem. He thought perhaps the Army
Corps of Engineers had that regional jurisdiction.
Dale Pfeiffer, City engineering staff, said that the Water District
had informed the City Viet the Corps of Engineers congress had approved
a five-year baylande study, during which they would hold workshops and
public hearings which would lead to a recommendation by them on a levee
system that would protect the entire South Bay which could result
in a federal project with the Water District being the prime agency.
Mayor Norton clarified that the effect of the amendment was to indicate
to concerned parties that Palo Alto did not want the high levee.
AMENDMENT PASSED: rre amendment stating that the recommended
18 -foot levee should not be built passed on the following vote:
AYES: Berk'ald, Carey, Comstock, Norton, Sher, Witherspoon
NOES: Beahra
Councilwoman Witherspoon questioned, regarding point 4 of the
notion, how a levee could be huilF without intruding on the marsh
or the wetlands:
Larry White replied that the regulatory agency of U.S. Bureau of Sports,
Fisheries and Wildlife, consultants to the Corps of Engineers, would
not allow any filling of the bay or marsh. They had stated that new
levees will not be on the marshlands.
Mayor Norton ruled that the Commission's recommendations re Flood
Protection Measures, including the amendment re the 18 -foot levee,
be deemed approved.
FLOOD MMSIN ACCESS
1) The Planning Commission recommends by a vote of 5 in favor (2 opposed),
that access to the flood basin should be permitted for organised
water dog training programs in specified areas with adequate controls
for protection of visitors, as well ae wildlife.
2) The Planning Commission unanimously recommends that limited access
is required to protect breeding species and their habitats, and to
preserve and emcee wildlife and vegetation resources of the flood basin.
3) Use of the flood basin would b. compatible with protection provided:
a. access were closed or substantially restricted during the
breeding season (approximately March 30 to .tune 30) ;
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b. access to some areas were restricted during the hunting season
This would specifically include the fresh/brackish water.pontr.
c. access were limited to exieting trails and those above high
Water inundation with the proposed flood plain mitigation
project. To ensure resource protection, however, it is
recommended that an ongoing survey be initiated to establish
the most productive and critical wildlife areas in the
flood basin. If necessary, access to trails bisecting or
immediately adjacent to sensitive areas should be closed
or regulated;
d. groat uses (including bicycle trails)were limited and
encouraged only along the perimeter leers of the flood basin;
e. portion(s) of the flood basin were closed to unguided access
and reserved for occasional educational use under supervision.
Councilman Beahrs recalled the indignatioa of dogownera and trainers
about they leashing law. He said that residents of Palo Alto had
called for that ordinance, not the Council itself, and that an initiative
by residents would be needed to recall that ordinance.
Councilwoman Witherspoon said the dogs would be training in an enclosed
area. Larry White affirmed her statement, adding that not a fence
but a channel of water would function as an enclosure.
Councilman Beahrs asked how the ordinance could be sidestepped.
Mr, White said that City Attorney Booth had said that as long as
the area was specifically enclosed it would be considered a dog run,
There being no amendments to points regarding Flood Basin Access
Mayor Norton said that the item would be deemed as accepted, as
recommended by the Planning Commission.
GOLF COURSE
The Commission: unanimously recommends that the Golf Course Master
Plan, 1975, as approved, be implemented and that the Iriving range
fences be located at least 100 feet from Embarcadaro Road to
provide for adequate pla.ntir:g.
Councilman Carey naked how the 100 -foot setback affected the
location of the driving range.
Kenneth Schreiber, Assistant Director of Planning and Comity
Development, said that the preliminary plans for the golf course
show that the driving range would be within 30 to 60 feet from
Bmbarca►dero; as soon as the golf course architects were under
contract their first priority would be to design that area. That
design would have to go through site and design review by the
Planning Commission, the Architectural Review Board, and the Council.
The possible lengths ranged from 90 to 110 feet. Commission concern
was to minimize the visual impact by a combination of good fencing
along with landscaping -the guideline was to be 100 feet.
Councilman Carey said that the recommendation was stated as though
it wars mandatory rather than a guideline.
AXE WK KNT: Councilman Carey moved, seconded by Comstock, that the
driving range fence he located as fax away as poseibles from Baharcedero
Road while remaining consistent with the golf course design,
Councilman Beahrs asked if there had been any consideration of
moving the driving range.
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Ken Schreiber answered that Robert Trent Jones had looked into
that during the original study done in 1975, and the relationship
of the course to the clubhouse meant that the driving range had to
be on the edge of the property. At the present -.tin the driving range
was between two golf course holes.
Councilman Beahre said he thought the balls should be driven into
the wind, for safety reasons.
Ken Schreiber said that would take extensive redesign, for about seven
holes would need thorough redesigning, rather than the four under
consideration.
Councilman Beahra said that esthetic concerns were secondary to thoes
of public safety --while his windshield had always been missed he
did not know hew many had been hit, for some golfers were "pretty
good with the slices...."
Councilman Sher opposed the amendment. He thought it more reasonable
to adopt the unanimous Planning Commission recommendation. He
said that suggesting the verde "...as far away as possible consistent
s ith the design of the course" was not strong enough to locate it
100 feet away from Embarcadero Road.
Mayor Morton etated that the amendment could read "as near, to 100
feet as possible from Embarcadero Road."
Councilman Carey said that if his second ,agreed he would adopt that wording.
AMENDMENT PASSED: The amendment passed on a unanimous ous vote, Councilmeabers
Clay and Eyerly absent.
Mayor Norton ruled that the Commission's recommendations re the Coif Course,
including the amendment, driving range fence, be deemed approved.
Vice Mayor Clay arrived at 9:45 p,m.
EMBARCADERO ROAD
The Commission unanimously recommends that:
1) in the reconstruction of Embarcadero Road, a two-lane road
from the airport entrance bayward should be conaidered;
2) the excess right-of-way should be used for trails and
landscaping to improve the entrance to the Baylands;
3) adequate turning lanes, no parking areas, and whatever else
is appropriate to the continued flow of traffic be provided; and
4) the utilities in the Baylands areas be undsrgrounded in
conjunction with the reconstruction of Embarcadero Road.
Mayor Norton asked what the Commission had in mind on point 1
concerning the two-lane bayward road. He wondered if that meant
the road would narrow abruptly from four to two lanes after the
entrance to the golf course.
Anne Steinberg, chairwoman of the Planning Commission* said the
road narrowed at that point, and should be no wider for it would
be the entrance to the baylends. Two lanes would be within the
existing right-of-way.
Councils= Berwaid said that since cars merged there with those
returning from the refuse area the narrowing should be gradual.
AMENDMENT: Councilman Unsaid moved, seconded by Norton, that
the road narrow to two lanes east of the entrance to the refuse area
rather then east of the airport.
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Councilman Berwald explained that the accommodation to merging
traffic could be made with merging lanes.
Ms. Steinberg said that item 3, requiring that there be adequate
turning lanes and appropriate lanes for the continuous flow of traffic,
took care of the condition Councilman Berwald's amendment addressed.
that would take care of traffic coming from the refuse area.
Councilman Berwald said that three lanes might be best --one lane bayward,
two returning westward.
Mayor Norton said the effect of the amendment would be to change
the wcrds "airport entrance" in item 1 to read instead "the refuse
area entrance" meaning there would be a four -lane road until cars
reached the refuse area.
Councilman Comstock said there was more justification for a four -lane
road toward the Bayshore. In tine a turning "storage" lane for
traffic turning toward the yacht harbor might be considered. He
favored the naming Commission recommendation as it stood.
AMENDMENT FAILS: The amendment proposing two lanes on F.mbarcadero east
of the refuse area failed on the following vote:
AYES: Beahrs, Witherspoon, Berwald
NOES: Carey, Clay, Comstock, Norton, Sher
ABSENT: Eyerly
Mayor Norton said that item F re E,mbarcadero Road would he deemed to
be approved, as recommended by the Commission.
Council. an Beahrs left at 9:55 p.m..
EIKE PATHS AND TRAILS
The Commission unanimously recommends that
1) the City's bike paths and trail system should be integrated
with auto and public transit facilities to make possible free
and easy movement through the Baylands area and to provide
connections with regional systems to the south, twat and north;
2) PCBE be persuaded to upgrade its boardwalks to meet all safety
standards for pedestrian movement;
3) there should be provision of safe bicycle storage in the 3laylands
at appropriate places; and
4) the existing nature trails should be improved, protected
and maintained.
AMENDMENT: Couacilman Comstock moved, seconded by Carey. that 2)
waa repetitious and should therefore be deleted. The amendment pasaed
unanimously, Councilmembera Eyerly and Beahrs absent.
Mayor Norton said that in the absence of other changes item G would
be deemed to be approved as recommended by the Planting Commission,
re Bike Paths and Trails, with the deletion of 2).
REFUSE DISPOSAL SITE
Councilman Comstock recalled thst the item on the refuse disposal site
had been continued to June.
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•
.
AIRPORT
The Coamiasion unanimously recommends:
1) that no changes should be made in the airport activities
that will increase the intensity of airport use or which
would significantly intrude into open space. The safety
end environmental hazards of the second runway that have
have been expressed through this study and public hearings
necessitate that the city re-evaluate the impact of such
a facility, and as appropriate, renegotiate the county lease; and
2) that a 100 --foot strip of planting should be provided at
the airport from its entrance east along Embarcadaro Road
to its junction with the shoreline road. This planting
should be adequate to provide partial screening of airport
activities and to be in character with the Water Quality
Control Plant landscaping across the road.
AMA: Coupci1.mn Carey moved, seconded by Henreid, that
the first line of item I-1 be amended to read, "that, subject to
conditions of the lease between the City and the County of Santa
Clara, dated 1967;,'as amended, that no changes should be made, etc,
conditional upon lease provisions." Also that the second sentence
"The safety and environmental hazards of the second n nway, etc." be omitted.
Councilman Carey said the City had "dealt easy" its right to control
what took place in that area when it entered into a laaae with the
County. Airport operators and so on relied on that lease when
planning to make improvements. He said he feared that if the City
made policy concerning that area and ignored the lease terms there
would be trouble, and If it got into litigation the City might not win.
Re felt action by the City regarding the lay1ande should be
undertaken on the basis of possibilities. Hie proposed change of
the first sentence of point 1, he said, was to make policy but with
the policy subject to the legal obligation under the County lease.
His proposal that the second sentence he omitted was made on the
same basis, He felt that Palo Alto had "dealt away" the sayso
on whether or not there vas eo be a second runway, for the City had
practically said in the lease term, "If you want to build it, go ahead."
Re said in an aside that he thought a second runway might improve
rather than worsen safety conditions, however.
Councilman Sher said that in the second page of the April 7 staff report
had answers on the question of a second runway. The Environmental
Impact Planning Corporation hod been the consultant. The report said
the county was not planning to implement the second runway and
had no timetable uor financial resources. Councilman Sher said that
now, when the county had no plane about the runway, would be the
best time to tell them of Palo Alto's negative views. Councilman
Sher said that as a teacher of contract law he knew contracts that
had been made could also be changed and the right to deny a
second runway had not necessarily been "dealt away." Though some
operators had relied on the fact of the county lease to snake
plans and improvements they might yet find their reliance had not
been warranted, for the county night never proceed. There was
greater sensitivity now to environmental disruption than when the
lease had been signed. He felt the terse of the lease could be
re -explored, and since he could not emend an amendment he thought
he would vote against Councilman Carey's proposed amendment.
Councilman Comstock recalled when the county had contemplated
expansion to the wter'c edge, and the lease had been changed to
forestall that. The lease could be re -negotiated if Council felt
it was appropriate in this instance of the second runway as wall.
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c7
He added that proponents of a second runway could "probably take
little comfort in the fact that the Secretary of Transportation
just put the kibosh on a second airport in tlae St. Louis metropolitan
area," and on the grounds that there probably would be no real need
until 1990. In the Palo Alto airport the space for the proposed second
runway might be better used as tiedown space. Safety had been
upgraded with the installation of a tower, and he said he did not
know what the level of operations had to be to wake a second runway
mandatory. Since people's conaciouanesses had been raised about
environmental impact there would be more objections to increased
airport use. He referred to the last half of the second sentence
Councilman Carey's amendment would delete, "...the city re-evaluate
the impact of such a facility andaaz appropriate, renegotiate the
county lease..." and he felt that certainly indicated that the City
take another look at the possibility of a second runway under the
circumstances of today's conditions. He felt the Carey amendment
foreclosed some possibilities that should be examined. He asked
thee Councilman Carey reconsider it and that others vote against it.
Councilwoman Witherspoon spoke of the difference between
a proposed second runway and a proposed exte;adeci runway. She said
that page 48 of the !Master Plan and various staff reports urged
Council to exercise options they had in the county lease to review
and recommend or reject each element of the development on the
approved airport master plan. She said she assumed -the Planning
Commission and the Council would be re¢,iefaieg the proposed changes
as they came along, with recommendations a and/or. rejections.
Larry White affirmed that the City had the right to review County plans
but he did not think the City had a right to reject County plans.
Marilyn Horek Takata, Senior Attorney, said that the City had the
approval right of the plans, but that the perties had already agreed
to the second runway, and that placed some limitations on approval, for
there was an implied covenant of good faith and fair dealing in looking
at the plans. The requirement for an environmental impact report
since 1967 gave the City "a little bit more clout," but that did not
give the City an "absolute right to reject a second runway as though
you were starting over from 'got and looking at the second runaway right
from the beginning."
Councilwoman Witherspoon said she did not want the runway extended,
and if they had to do anything she favored a parallel runway. She said she
did tot see the proposed amendment foreclosing diactassion of the
terms of the lease in the future.
Councilman Carey said he did not intend to cut off that possibility.
)ayor Norton said he thought the intent was to formulate the conditions
of the lease as they affect a second nay.
Councilman Carey said that it was known that if both parties want
to change an agreement it can be done, but the county had not done
anything for Palo Alto and it was not likely they would at this time.
He thought the county would not give up the right to build or not
build a second raaway. His proposed amendment said thet the county
could act "subject to terms of the existing lease." Some distinction
also had to be made between the terms of the lease and what was in
the old master plan send the present plan. He said the second runway
could not be turned down on the basis of design, for the design was
standard. It would be located on land already filled so none of the
marshland would be taken sway; the City could not object on the
grounds of safety, for safety would go up; if the Land were permitted
for more tiedowns there would be more aircraft based at that airport
and therefore more planes using the single ruawsy. But space had been
planned for an additional 200 ttedowns between the county facility and
kyers Aviation He thought some of the behavior that neighbors objected
to was "lust plain pilot stupidity,„ which could be reduced by an
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educational program. He felt a good solution would be to modify the
landing and takeoff patterns once more. Finally, he said, residents
who bought property near the airport knew the condition was there and
their complaints were somewhat belated.
Councilman Berwald asked what the current activity was at the airport.
Learning that there was capacity for 215,000 annual movements for
a single runway, he said he would like to have an accurate figure
of what the current use was.
Mr. Frau-Brac, consultant, said that the information available when
the report was prepared was that in 1975 there were 200,000 movements
annually, 93 percent of capacity. That meant there was a 2- to 4 -minute
time delay. An article in the Palo Alto Times had indicated that as
of February, 1977, the number of annual movements had risen to 230,000.
Councilman Berwald asked what some of the specific safety hazards
were, with relation to the second runway.
Mr. Frau-Brac said that there was a safety hazard because the safety
zone would extend out over the duce pond, and there would be an
additional area for exposure to accident..
Anne Steinberg said that Mrs. Gordon had said that the present safety
zone already extended over the duck pond.
Larry White said that the safety zone extended not over the entire
pond, hut a portion of it.
Councilman Berwald refered to the words of the first sentence, "that
no changes should be made in the airport activities that will
increase the intensity of airport use;:..." According to the figures
the airport was over -capacity now ---he suggested that Palo Alto
determine how many movements were best for the airport and stick to
that figure, which could or could not mean areecond runway.
The safety factor could rise with a second runway if the present
single runway was over -capacity, he acknowledged.
Councilman Carey said air towers can and do handle a large volume of
movements with no reduction in safety but the delays became
inconvenient for the flyers. Airport arrivals could not be controlled,
he said. He said the safety considerations bothered him --the clear
zone extended over the parking area, the docking facility for boats,
half the duck pond would be included. If a plane landed in
other half of the duckpond would be included. If a plane landed in
a pond it would not be so bad as on the road or the parking area.
With a single runway there was fuel waste waiting to take off,
there was increased hazard of mid-air collisions, and there were
other environmental offsets that outweighed increased safety hazards.
Ma. Steinberg clarified that not the safety of planes but of
those people using the baylends had been the concern of the Planning
Commission.
Councilman Sher observed that if the runway were extended, or a
second runway added, the clear zone vas automatically extended
for more traffic was attracted, leading to a higher incidence of
accidents: he thought any project which expanded use of the airport
would also add safety hazards. 0n the matter of the amendment proposed
by Councilman Carey, he thought it resulted in lack of flexibility
due to the phrase "subject to the condition of the lease,"for the lease
as it was now reflected the interests of the county, and the interests
of the City could be reintroduced. He said he would vote against it.
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4/11/77
AMENDMENT FAILED: The amendment proposing a language change and
a deletion in I-1 failed on the following vote::
AYES: Carey, Clay, Witherspoon
NOES: Berwald, Comstock, Norton, Sher
ABSENT: Beahrs, Eyerly
Mayor Norton said that paragraph (1) of 1 as recommended by the
Commission was deemed adopted. The second paragraph was now before Council.
Councilman Carey asked what the lease said in relation to Palo
Alto requiring a 100 -foot of planting.
Larry White said that since it was not mentioned in the lease it
would probably have to be negotiated. The matter of care of the
plantings would also have to be negotiated, as well as the cost.
Ken Schreiber noted that the area along Felbarcadero was the site of
two fixed -phase operations, one of which had been approved in 1974.
With current zoning any proposal for planting would have to go through
site -and -design approval, at which time the planting terms would be
negotiated. Since nothing had happened with the project approved
in 1974, that too would have to go through the site -and -design process.
Vice Mayor Clay noted that the "planting should be adequate to provide
partial screening of airport activities and to be in character with
the Water Quality Control Plant. He did rot agree with the part of
the sentence saying the planting should screen airport activities, but
he did agree with the part of the sentence about the plantings being
in character with the Water Quality Control Plant.
AMENDMENT: Vice Mayor Clay moved, seconded. by Berwald, that the following
words in the first part of the second sentence, "...should be adequate
to provide partial screening of airport activities," be deleted.
• Councilman Carey said that if the motion passed he would move to
delete the entire paragraph.
AMENDMENT PASSED: The motion deleting cords in the first part, of the
second sentence in paragraph (2) which sair airport activities should
be screened by plantings passed on the following vote:
AYES: Berwald, Carey, Clay, Witherspoon
IDES: Comstock, Norton, Sher
ABSENT: 3eahrs, Eyerly
AMENDMENT; Councilmen Carey moved that paragraph (2) re AIRPORT,
be eliminated in its entirety.
Councilman Carey said that the present wording left the matter of
who was to pay for the plantings and their maintenance very unclear.
If it vas intended that users of the landscaping pay for it, meaning
the present tenants, the financial cost of installing and maintaining
'00 feet of landscaping was too burdensome. He would not delete
paragraph (2) if it were clear that the City would pay for it since
it vas requiring the plantings, or the county could pay for it.
The amendment failed for lack of a second.
Councilman Comstock asked about the 100 -foot requirement; he asked
also about the width of the strip which bad been approved in 1974.
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1
f
1
He felt a 100 -foot setback might be an undue requirement, and he
wanted to change it.
Me. Steinberg said that Garret Eckbo had recommended the 100 -foot
width in the consultant's report. She added that she believed the
intent of the Plann.'. ng Commission wan that the, county carry out the
landscaping.
ANENAMENT: Councilman Comstock moved, seconded by Witherspoon,
that the first sentence of paragraph (2) read "that a strip of
planting consistent with existing development should be provided...."
Mr. Schreiber said that one Fixed -base --operation (fbo) had been approved
in the last year.' It'bad been -the former -Nystrom site, which was inside
the airport property itself. There were standar4s for plantings a?.oug
urgan, industrial areas, but none for airports.
Bill Johnson, architect, said a building pewit had been issued
for a fixed -base -operation on the corner. The curb was five feet
out on the property line. An additional ten feet was mounded, and.
parking was beyond that. The area had been landscaped more
intensively than the property in front of the Water Quality Control
Plant. The lease had lapsed on the other five and one -quarter acre
parcel and it would have to go through planning review again.
Councilman Berwald said he would support Councilman Comstock` s motion.
Councilman Sher affirmed that the location mentioned by Mr, Johnson
had been approved with a 15 -foot setback. He said that if the amendment
was to make the strip of planting be consistent with existing
development, and the existing development haci only a 15 -foot setback,
he would not vote for the motions
Councilman Carey asked if Enbexcadero Road bad not been, by an earlier
amendment, narrowed to two lanes. If the balance of the road
was to Le used for trails* and then another 100 -foot setback were
required, he would support Councilman Comstock'a notion.
AMENDMENT PASSED: The amendment to have the first sentence of
paragraph (2) read "that a strip of planting consistent with existing
development should be provided...." peeled on the following vote:
AYES: Berwald, Carey, Clay, Comstock, Witherspoon
NOES: Sher, Norton
ABSENT: Beshra, Eyerly
Mayor Morton pointed out that Ttem t-(2) was before Council. Since there
were no further changes, he deemed it approved as emended.
110.1...;91.
$
Continued to June, 1977.
YY�I S D PUTtVE CEMI�
Th. Planning Commission unanimously recoemends that the /nterpretive Center
continue its present operations.
Since there were no changes Mayor Norton deemed the item approved.
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4/11/77
PISTOL RANGE
The Planning Commission recommends, by a vote of 6 in favor (one
abstention), that the Saylands Pistol range as it currently exists is an
adequate firearms training facility but prevents serious environmental
and aesthetic concerns due to noise and safety, and that the City begin
to explore the possibilities of a regional cooperative training facility.
Vice Mayor Clay asked for more precise data on the environmental hazard
of the pistol range relating to noise and safety
Mayor Norton asked which staff member wanted to take a shot at the answer.
A consultant at Garrett Eckbo's office said that plans for future relocation
of the pistol range had been to sequester the range as much as possible
for reasons of noise and safety. The area to which it moved would he,
ideally, a passive recreation area. The future inten4ed use of the refuse
disposal area was not passive recre.aatian, and so there was some conflict.
Vice Mayor Clay said that unless the range were moved inside it would
present the same noise and safety problems. He supported the idea of
having a cooperative range when ar►d if the present range became inadequate
or weeded improvement.
George Sipel, City Manager, said that what was decided upon depended
on the amount that had to be spant---in this case the range of alternatives
was between $200,000 and $40,000 or $50,000. There were no spe^ific plans
to expand though the police department would like to do so. Re said
at the present the range was kept to minimums restricted use, which
offered advantages over a shared facility.
Councilman Berwald said he did not believe the pistol range presented
a serious e.3viron-entel concern. He personally did not find the popping
of the guns objectionable. He asked if anyone had ever been injured,
and if the police department considered it a safety hazard.
Larry White said that the police department knew that the range could
be a hazard so they had a very stringent procedure when they used it.
AMMNDMr.NT: Councilman Ber ►ald moved that item L be rephrased "that
the pistol range is perhaps in an inappropriate place in view of
sand landfill and other work in that area, and that the City continue
to explore possibilities of a regional cooperative training facility."
The amendment passed on a unanimous vote, Councilmen Beahrs and Eyerly absent.
Mayor Norton said that the amended Planning Commission's recommendation
regarding the Pistol, Range would be deemed approved.
A3�I.ST L (; i:E2li,F.R
The Planning Commission unanimously recommends that the Athletic
Center continue in operation.
Mayor Norton said that since there were no suggested changes, he
deemed this recommendation approved.
WATER 1 � T.
The Planning Commission unanimously recommends that construction
of an advanced waste treatment fecflity adjacent to the existing
plant should be pursued.
Mayor Norton said that since there were no suggested changes be
deemed this recommendation approved.
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4/11/77
DUCK POND
The Planning Commission recommends by a vote of 5 in favor (2 opposed),
that the duck pond is a valuable part of the Baylands and should be
protected and enhanced, including development of a green, parklike
treatment between the duck pond, road, and harbor, with some
parking to remain for those unable to walk from remote lots.
1
AMENDMENT: Mayor Norton moved, seconded by Comstock, that a
sentence be added which reads, "...that the City repair ways and
level of masonry perimeter wall et the pond to provide at least
six inches of freeboard all around." The amendment passed on a
unanimous vote, Councilmembere Beaters and Eberly absent.
Mayor Norton said the recommendations re the Duck Pond, as amended,
were deemed approved.
MUNICIPAL SERVICE CENTER AND ANIMAL
SHELTER
The Planning Commission unanimously recommends that the existing
Municipal Service Center and Animal Shelter facilities and operations
should continue.
Mayor Norton said that since there were no suggested c ranges he
deemed this recommendation approved.
IDS ALTOS SEWER PLANT
The Planning Commission unanimously recommends that the Los Altos
Sewer Plan site remain in parklands as shown in the Co prehersive Plan.
Councilwoman Witherspoon asked if a report had not been given to
Council about the Los Altos Sewer Plant, or had it been a report about
a canal.
Larry White said that Council had received a report on the Los
Altos regarding the environmental impact of the Coast Casey Canal
which was a drainage facility with a fore -bay that Mountain View
was installing to treat the runoff water to discharge into the flood basin.
It had no effect on the sewer plant itself,
Mayor Norton said that since there were no suggested changes he
deemed this recommendation approved.
PRIVATELY OWNED LAND
The Commission unanimously recommends that future developments be
consistent with the recently adopted Comprehensive Plan which
divides the privately owned lands into Service Commercial,
Rasearcb/Office Park, and Light Industrial areees. Residential
uses are not proposed for any of these areas.
Councilwoman Witherspoon said she thought Palo Alto also had some
privately owned led which had been zoned Open Space (OS), or
OS Controlled Land.
Ken Schreiber said that "Privately Owned" referred to land use
designation rather than zoning designation; the International
Telephone and Telegraph (ITT) property had been excluded from the
study of the baylands. That lend remaining which was privately owned
fell into the categories give- above.
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4/11/77
Mayor Norton Paid that since there were no suggested changes he
deemed the recommendation re Privately Owned land approved.
Councilman Comstock spoke his appreciation to Councilmembers for
taking up the foregoing items rather than putting them over until June.
MOTION: Councilman Comstock moved, seconded by Norton,
Baylande Master Plan, with the exceptions of'jtema }j and
been continued to June, with amendments incorporsted:at
meeting and previous meetings, be approved. The motion
unanimous vote, Counciimembers Beahrs and.Eyerlp absent.
•
ORAL COMMUNICATIONS
None
that the
J, which have
this'
parsed on a
ADJOURNMENT
MOTION: Councilman Sher moved, seconded by Carey, that Council adjourn.
The motion passed on a unanimous vote; Cauncilmembers Beahri and Eyerly absent.
Council adjourned at 11:05 p.m.
J
AT'T'EST`
City -Clerk
b 9 1
4/11/77
APPRO",—
kayor