HomeMy WebLinkAbout1977-06-27 City Council Summary MinutesRe slar • ?Meeting
Jude 27', 1977
ITEM PAGE
Welcome to Youth Conservation Corps 1 0 8 6
Approval of Minutes of June 6, 1977 and June 14, 1977 1 0 8 6
Oral. Communications 1 0 8 7
Consent Calendar
Action Items
Golf Course Improvement Project: Award of Contracts for
Financial and Legal Services 1 0 8 7
Palo Alto Rousing Corporation: Renewal of Contract for
Fiscal Year 1977-78 1 0 8 7
Ordinance Amending "Moving Sign" Section 16.20.010(15)
To Except Barber Poles 1 0 8 7
Ordinance Approving and Adopting Plan for Construction
of Club House Municipal Golf Course 1 0 8 7
ITT Property --City Manager's Report 1 0 8 8
Agreement with Palo Alto Community Child Care 1 0 8 8
Agreement with Senior Coordinating Council for Senior Adult
Services 1 0 9 0
Finance and Public Works Committee Recommends to Council re
bureau of Reclamation Refund, Power Planning, Electric
Cost of Service
Retiring Councilnembers
Kayla n a tester Plan
Adjourmment in BOUM of Retiring Council era 5e*hra,
Berwald, Comstock, and Morton
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6/27/77
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1094
1094
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i
Regular Meeting
June 27, 1977
The City Council of the City of Palo Alto met on this date at
7:45 p.m. in a regular meeting, with Mayor Norton presiding.
PRESENT: Beahrs, Carey, Comstock, Eyer1y, Norton, Sher
Witherspoon
ABSENT: Berwald, Clay
WELCOME TO YOUTH CONSERVATION CORPS
Mayor Norton welcomed members of the Youth Conservation Corps who
were in the audience that evening. He responded with pleasure
to YCC's invitation to Counciiaembers to attend a gathering
they were holding on Thursday evening, June 30.
MINUTES OF JUNE 6, 1977
Councilwoman Withersp<on asked that in the second paragraph, page 1010,
the phrase should read "...less than their allocation," rather than
"...under their allocation."
Mayor Norton asked that in the second paragraph from the bottom of
page 1009, the sentence read, "Mayor- Norton said that he thought,
after the use of flow restrlctora, that rather than water shutoff
the sole penalty should be monetary...." 4n page 1000, last line of
the first paragraph, "...45 million gallons of water...."
Councilman Carey spoke of an omission regarding a discussion regarding
felonies, infractions, misdemeanors and the like, in which he had
observed that for $50 per year (an infraction) a resident could
build a swimming pool and fill it and use it. (His comments appear
in the June 20 minutes.)
NOTION: Councilwoman Witherspoon moved, seconded by Cc stock, that
the minuteo of June 6 be approved as corrected. The motion passed
on a unanimous vote, Councils bars Berwald and Clay absent.
MI/47TES OF JEn1E ■14, 1977
�1.�W WJ .Rli�i W.�ia
BOLAND'S MASTER PLAN
Councilwoman Witherspoon re --phrased the third paragraph on page
11 to read: "Councilmen Witherspoon noted that the de —watering
ponds were shown on the nap of the finished plan. She siso thought
the dredging of the yacht harbor vas being terminated trhen the
refuge area was closed. So she asked why the de --watering ponds were shown.,..etc." 4n page 14, second paragraph from the bottom,
she asked that the sentence read: "Was the County thinking of
dredging only the basin?" On page 25, second paragraph, the'nacre
of the class of sailboat vas "El Toros."
NOTION: Councilwoman Witherspoon moved, seconded by Norton, that
the minutes of June 14 be approved as corrected.' The notion palmed
on a unanimous vote, Couacilmembere Berwald a ed Clay absent.
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6/27/77
•
ORAL COMMUNICATIONS
1. Hal Hudsor, 535 Everett, expressed appreciation to Councilmembers
Eeahrs, Berwald, Comstock and Mayor Norton for their year of
service given to they City. He said that as president of the
Palo Alto Housing Corporation he thanked them for the encouragement
they had given PAHC, which had been heartening and gratifying.
2. Nancy Keratedt, 935 Ramona, introduced the Youth Conservation Corps
(YCC) which would do a door-to-door survey in Palo Alto to find
out what people were doing about conservation, learning and also
teaching, for one week. She showed the questionnaire, with the
exhortative slogan, WILL YOU DO ONE THING MORE? The YCC thought
Pal) Alto a "very good town",which was conservation minded. She
thanked Councilmembers for their support, During the next two
forthcoming meetings they would return to Council with status reports.
CONSENT CAL MAR
Referral Items
Action Items
GOLF COURSE IMPROVEMENT PROJECT:
AWARD OF CONTRACTS FOR FINANCIAL
Nb I GAL SERVICES e i
Staff recommends that Council authorize agreements consistent with
the attached proposals from Wilson, Jones, Morton and Lynch for
legal services, and Bartle -Wells Associates for financial services.
PALO ALTO HOU S ING CORPORAT ION :
RENEWAL OF CONTRACT FOR FISCAL
YiAR l J`' - , iliR 3
Staff recoeasenda that the attached draft amendment be approved
tc renew the Housing Corporation contract for one year at an amount
of $27,315.00.
AMENDMENT MO. 4 TO CONTRACT NO. 3526
LOW AND MODERATE INCOME HOUSING SERVICES
(Palo Alto Rousing Corporation, Fiscal year
1977-78)
ORDINANCE AMENDING "SING SIB
SECTION 6.20. a 10 15 TO EXCEPT
BARDER
ORDINANCE 2996 entitled "ORDINANCE OF THE COUNCIL OF 'tip
CITY OF PALO ALTO AMENDING SECTION 16.20.010(1.5) OF THE
PALO ALTO MUNICIPAL CAE (SIGNS) TO EXCEPT BARBER POLES
FROM THE DEFINITION OF "MOVING SIGi". (lat reading 6/13/77)
ORDINANCE APING AND ADOPTING
2.0±........,CONITfibtiraf OF Cid Min
MUNICIPAL GOLF COURSE
ORDINANCE 2997 entitled "ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE
CONSTRUCTION OF A CLUB HOUSE AT THE MUNICIPAL GOLF COURSE
(&XA PALO ALTO MUNICIPAL GOLF COURSE)." (1st reeding 6/13/77)
10$7
6/27/77
MOTION: Councilman Beahrs moved, seconded by Eyerly, that
Council approve the Consent Calendar. The motion passed on a
unanimous vote, Councilman Berwald absent.
ITT PROPERTY —CITY MANAGER'S REPORT (CMR:355;7)
George Sipel, City Manager, said he could add nothing to the report
Councilmembers had in their packets: he would be glad to answer questions.
Mayor Norton congratulated Mr. Sipel on bringing the contract for
purchase of such a sig..:ficant piece of property to closure.
Mr. Sipel praised the work of Lou Green, Assistant City Attorney,
"crossing the is and dotting the i's" throughout the difficult
negotiations.
Councilman Beahrs suggested Mr. Sipel give some of the pertinent
provisions of the purchase. He said he hoped "...they get into
the Palo Alto Times, at least." He added that it appeared the staff
had some competence in handling tax matters, for there was s handsome
donation from ITT, a difficult achievement "...with Mr. G ueen filling the chair."
Mayor Norton said that copies of Mr. Sipel's report were at the back
of the Councllchamber. The 83 -acre parcel was purchased for $1,300,000
and the Santa Clara Valley Water District had contributed $300,000,
with purchase payments, interest free, to be spread over a three-year
period. In satisfaction of community interests it was expected that
the land would remain essentially open space.
Nr. Sipel reminded Council that if they approved the purchase it
should appropriately go first to the Planning Commission for review in
the light of the Paylands Master Plan process.
MOTION: Mayor Norton moved, seconded by Comstock, that Council 1) find that
the acquisition of the ITT property pursuant to the terms set out in the
letter of June 22, 1977, from the City Manager to Mr. F.L.Dionne will not
have any significant adverse environmental impacts; and, 2) authorize the
City Manager to negotiate and finalize the necessary contracts with ITT
Worldcom, Inc., and the Santa Clara Valley Water District for the
purchase of the ITT property from ITT Worldcom Inc. and the sale of
easements to the Santa Clara Valley Water District in accordance with
the general terms set out in the letter of June 22, 1977, from the
City Manager to Mr. F.L.Dionne, and authorize the Mayor to execute
said contracts; and, 3) request the Planning Commission to review
long term uses of the property as part of the Baylends Master Plan
process after the final agree t has been executed by the Mayor.
Councilman Carey commended the staff efforts.
MOTION PASSED: The motion passed on a unanimous vote, Councilman Berwald absent.
MOTION: Councilman Comstock moved, seconded by Eyerly, that Items 7,8,and 9
concerning PACCC, Senior Coordinating Council, and Electric Utility Fund
forward on the agenda. The motion passed on a unanimous vote, Councilman
Berwald absent.
AGREEMENT WITH PALO ALTO
Charles Walker, Assistant City Manager, said that staff had nothing further
to and to the report before Councilmembers.
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6/27/77
Councilman Eyerly said he had taken the item from the Consent Calendar
to discuss Exhibit A, the first page; last sentence "This concerns the
scope and services for 1977-78 contract with the City of Palo Alto
Community Child Care..." and Number 2, Section E, the last sentence
read, "Standards for care in the vendor program to be developed during
the first quarter." Councilman Eyerly said that from discussions in
the Finance Committee with PACCC people it had been agreed that the
state standards would be used, and the foregoing sentence did not say
that. He felt Council should set the standards so that they would not
be too high or low.
MOTION: Councilman Eyerly moved, seconded by Comstock that Council
approve the City's contract with Palo Alto Child Care Center for
1977-78.
AGREEMENT WITH PALO ALTO CITY
CHILD CARE FOR COMPRFRENSIVE CHILD
CARE PROGRAM (Continued from June 20, 1977)
AMENDMENT: Councilman Eyerly moved, seconded by Witherspoon, that
standards for care in the vendor program will be state standards.
Councilman Eyerly said that if this amendment passes the state standards
would be the base on which vendors would qualify for the program.
Councilman Sher asked if all daycare
licensed, did not have to meet state
facilities would be eligible for the
such facilities were not licensed.
facilities, in order to be
standards. If so, all licensed
vendor program. He asked if all
Alec Andrus, Social and Community Services, said state standards bound
anybody who provided childcare. However, County licensing people, who
implemented the state standards, did not require certain kinds of
inspections which PACCC required. For example, a County flee inspector
could license without perceiving needs which PACCC would perceive, PACCC
had extended the inquiry into licensing standards one full quarter in order
to extend good care which would be open to all.
Councilman Sher acknowledged that there was a problem In implementing
conformance to licensing needs. In Committee it had been suggested that
the PACCC high quality care could have a 'spillover' effect which he
had favored. The motion seemed to say that only conformance to state
licensing was needed, and did not acknowledge the problems of implementation.
For that reason he thought it was best to let PACCC set the standards.
Mayor Norton suggested that the motion could read "...meet at least
state standards"
Councilman Eyerly said he thought PACCC had net "dug into this far
enaagh." Se suggested that if PACCC had not set standards perhaps Council should
accept the contract and then ask for a report at the end of the first
quarter: he felt the contract should be "tied down in some way" with
standards, which he was attempting to do. He asked Mr. Andrus if
PACCC would start to use the voucher system before the first quarter was up.
flr. Andrus said that PACCC was using a similar system now with daycare hoses
licensed with state standards and other things required in the contract,
such as inspection regeirements, perhaps some others of which be was not aware.
AMENDMENT WITHDRAWN: Councilman Eyerly said that in the light of that
information be would withdraw the amendment.
AMENDMENT: Councilman Eyerly moved, seconded by Witherspoon, that Counc:i.l
accept the present scope of PACCC services and that PACCC give a report
to Council about the level of services and their requirements at the
end of the first quarter.
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6/27/77
Mayor Norton said he regarded the amendment as a direction both to PACCC
and staff.
Councilman Btahrs commented that he thought the motion was "...entirely
in order." He said most people were accuatomed to paying higher taxes
to contribute to government to do a job which they themselves should do,
though higher levels of government were not performing. With the motion
Palo Alto would not be duplicating policing efforts. Too often the
state set standards but did nothing about it.
AMENDMENT PASSED. The amendment passed on a unanimous vote, Councilman
Berwald absent.
Councilman Eyerly referred to page 8, section 9, dealing with organization
of the corporation. In the past, directors to PACCC had needed to have
been approved by the Council, and in the present contract that requirement
had been removed. Since the PACCC contract of over $200,000 annually
was one of the City's largest, he felt the requirement for Council-
apprcval of directors should be held to.
AMENDMENT: Councilman Eyerly moved, seconded by Witherspoon, that
under Section 9, sub -section A, the second sentence should read,
"Vacancies on the Board of Directors of the Corporation shall be filled
by the remaining members of the board with approval of the Citj Council."
Councilman Comstock said that in his opinion the requirement had been
deleted from the contract because ratification of such appointees had
been perfunctorily performed by Council, and also such approval had
often been slow-- Counci1 had not really contributed much to the process.
Council had the right to drop the contract for non-performance which
gave it a great deal of protection without further strings.
Mayor Norton asked if the residen,.y requirement was one-third or two-
thirds.
Councilman Eyerly replied that two-thirds of the board had to be City
residents.
Vice Mayor Clay approved the amendment, in that way the City could carry
out its responsibility.
AMENDMENT PASSED: The amendment stating that the contract reinstate the
requirement that proposed members of the PACCC Board of Directors be
approved by Council passed on the following vote:
AYES: Carey, Beahre, Clay, Norton, Eyerly, Witherspoon
NOES: Sher, Comstock
ABSENT: Berwald
Miff MOTION AS AMENDED: The main (motion as amended, approving the
following agreement passed on a unanimous vote, Councilman Berwald absent.
htatitENENT tam SENIOR
4-.°01:Mriffirs—Mria.-.NA NC IL
f( L'Enro Y gic'E5
Councilman Comstock, said a letter in Counci ers' packets proposed
some chaagas to the agent, and so this item had been removed from
the Consent Calendar on June 20 by Councilman C1lsan Berwald.
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6/27/77
Phil Conway, Executive_ Director of the Senior Coordinating Council,
285 Hamilton, gave thanks to Council for their efforts on behalf of SCC.
He thought the Old Police/Fire Building serving as a Senior Center would
be a memorial to this particular Council. Councilman Berwfald had some
thoughts that the administrative contract might oppose the proposal in
the lease in some ways. The Senior Coordinating Cot#.nci1 felt that concern
could be taken care of with a written provision saying "...provided, however,
that nothing contained heroin shall alter or amend any...,etc." He
referred to the attempt by the City to standardize agreements, and
on page 6 SCC'a counsel had thought that for SCC to accept responsibility
for the performance of contractors might be undue and that In Article 20,
Section B, the requirement that SCC keep itself informed of all future
legislation was "rather impossible."
Councilman Eyerly asked how the SCC would arrange to assimilate the
services that the City had been giving ---would it come at the end of
the budget year?
Alec Andrus replied that SCC would do
Details of funding and the like would
done in the middle of the fiscal year
then.
that whenever the center opened.
be mutually resolved. If it were
they would make changes in the contract
Councilman Comstock asked if staff would have any problem with the changes
suggested by SCC, and did they think the assumption of responsibilities
by SCC which were formerly borne by the City could be accomplished without
changes in the agreement.
Louis Green, Assistant City Attorney, said the City understood that the
contract would be entirely separate from the lease, but he had no objection
to wording it as SCC proposed. The clause stating that SCC accept
responsibility for the performance of contractors was a standard clause
for obtaining whatever services were necessary; he thought the clause
should remain. About keeping abreast of federal and state laws, while it
vas difficult, it was "more or less mandated" for compliance with all
provisions of law; he asked that the clause remain in.
Mayor Morton said that the change requested by Council was that "appropriate
federal, state and local lava" be kept up with. It seemed to him to be a
reasonable request.
Mr. Creeu pointed out that the exact wording had in fact ode that. clear.
Mr. Conway said that the word "future" had caught one of their counsel's
attention--SCC had commented on it merely for standardization purposes. He
did not find it a real problem: the intent was clear.
Mayor Norton said the word "future" could be removed.
MOTION: Mayor Norton moved, seconded by Comstock, that Council approve
the agreement and amend Article 2, "intention of Corporation"
to read: "City hereby retains Corporation to serve as consultant to City
on senior affairs and to provide such research, planning, coordinating and
delivery of services, including a Senior Day Care Program, "n- Se for liaise
Repair Service, and a Multi -purpose Senior Center, as set forth -in "this"
document provided, however, that nothing contained herein shall "alter 'or
mend any of the provisions of the lease between the Senior Coordinating
Council and the City of Palo Alto dated May 10, 1977, for the use of the
Old Police/Fire Building as Multi --Purpose Senior Center; also remove the
word "future" in Article 20, Paragraph (b) .
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AGREEMENT WITH SENIOR COORDINATING
COUNCIL OF THE PALO ALTO AREA, INC.,
FOR SENIOR ADULT SERVICES
(Continued from June 20, 1977)
Councilman Sher said in his experience removal of the word "future"
did nothing. As presently proposed, all laws existing at the time of
execution of the agreement were applicable, as well as future laws that
might be adopted. Either way the clause would be read to mean thate Taws
affecting activities at the Senior Center would be in force.
Mayor Norton said that the phrase could read "...all laws as they ' e.;ilt
from time to time." .
MOTION PASSED: The motion passed on a unanimous vote, Councilman Berwa1d absent.
Councilman Berwald arrived at 8:45 p,m.
FINANCE AND PUBLIC WORYS COMMITTEE
„RECLAMATION RaI'tam^ P Pf 1Im
ELECTRIC COST OF SERVICE
MOTION: Councilman Comstock moved, seconded by Beahrs, that Council approve
the following recommendations of the Finance and Public Forks Committee,
and the resolution:
1) that Council establish a "reserve for system improvement" within the
Electric Utility Fund and to credit $2,010,254, recently returned to the
City by the Bureau of Reclamation, to this reserve; 2) that Council
approve a one-mill--per-KWH electric rate increase (excluding the lifeline
amount), effective July 1, 1977, with the total sum to be credited to
the reserve fund; 3) that the City forego a rate increase this year for
operating cost increases, bearing in mind that any wholesale price
increases from our power supplier must be passed on to the consumer.
RESOLUTION 5421 eotit:led "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PAW ALTO AMENDING SCHEDULES
E-1 MW E-2 OF THE CITY OF PALO ALTO UTILITIES
RATES AND CHARGES PERTAINING TO wasTic AND
COMMERCIAL ELECTRIC RATES (Continued from June 6,
1977, June 13, 1977 and June 20, 1977.)
Enid Pearson, 1200 Bryant, said that as a member of the State Mater
Commission, she wanted to tell what had happened at a recent meeting.
She said the Bureau had given a presentation before the Water Coaesiesign
telling whether or not the Central Valley project was fully paid for;
saying "Yes, we're in the black, but we're $30 pillion in debt." The
reason they were in debt was because the rates to the San Joaquin Valley
and Westland', about S3.20 an acre foot with canal delivery, were so low.
There was some concern that to raise the rates might be unconstitutional.
The Bureau said that they were going to raise the power rates to get out
of debt. Palo Alto and other Santa Clara County cities would ale° have
their rates raised. She said she told Council "forewarned is forearmed"
and they could expect substantial power rate increases.
Councilman Sher expressed hope that a transcript had been made of the
Bureau's comments so that "...in our many fights with the Bureau we'Il
have access to.thet." Councilman Sher returned to the natter of the
"reserve" in Paint 1) of the recommendation before thou, and reminded
Council that the money had been received by the City because of the
Bureau of Reclamation's overcharges, and the money rightfully belonged
to the utility customers to whom the charges had been made, Re said
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6127177
he had earlier moved that the money be returned, but now he thought
the City would merely get it back in a higher rate. Re asked if
it was the intention to use "a substantial portion or all of that
money to acquire the electric system in tlarron Park from PG&E so
that Barron Park residents could atart to enjoy the favorable
electric rate chat the rest of the citizens in Palo Alto enjoy."
The motion before Council was to put that money it reserve: he wanted
a response to his questions from those who would be in charge of the
reserve.
Edward Mrizek, Light and Power, said that his department was bear
completion on agreement to buy PG&E's holdings; a dollar figure had
to be submitted to California Public Utilities Commission (CPUC)
for approval. A portion of the refund from the Bureau would be used
in the acquisition.
Councilman Sher asked if the rate structure, with a relationship of
commercial to residential users, was to be kept the same, and just
1 mill per kilowatt hour to be added in charges, so that the reserve
could be built to a higher level.
Mr. Mrizek said that a Cost and Service analysis showed that rates
would be applied in that way. There was to be no raising of the
lifeline level.
Councilman Sher noted that the staff report was said to demonstrate,
based on cost of service for different categories of electric users
that there is a justification for giving a smaller rate to the largest
users, meaning that those who consumed more, paid less for their excess
consumption over that first step.
Mr. Mrizek said that based strictly on cost of service, that was correct.
Councilman Sher asked if that was intended to take care of the large investment
of facilities including the requirement that the City provide for their
peak load requirements.
Mr. Mrizek said the cost of services was broken down into three groups:
1) deed factor; 2) aommodity factor; and 3) customer cost. Based on those
factors they had found that the larger user should have a lesser rate. They had
been raising rates over the last two years. Basing the rate increases on
those three factors, the larger consumers had been paying their fair share
or more. An interest in conservation, however, had led to leveling the
rates, going to a 'flatter' rate, and in the water utility the rates had
been inverted, because of service indicated it should be dove, as was the
case also with gas.
Councilman Sher pointed out the conflict --costs on water and gas led to
rate inversion, whereas the same situation was not made applicable to electric.
He said he was ready to apply the soars rate structure as that used for water
and gas to electric. "...the conservation factor looms very large."
AMENDMENT: Councilman Sher moved, seconded by Comstock, that Council
adopt a flat rate structure that would generate the some total revenue
from the electric utility as would be generated by the existing raster.
Councilman Eyerly said he opposed the proposed amendment because he
thought rates should reflect cost of service.
Councilman Carey said that though the issue had been before Council earlier
the specific action had notbeen: ht assumed many public speakers would
want to give input.
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6/27/77
corFeatrdo acie
in (Wei � �1471
mrnu S
August 1, 1977
Dear Members of the City Council:
In reading your minutes of June 27, 1977, I noted that several important
points appeared to be missing. I spent this morning listening to the
tape at the City Clerk's office and request that the following additions
be made to your official record:
p. 1094, last paragraph (Mr. Cooper): "Another point that was raised was
"What are the Regional Water Quality Control Board's requirements?". I
had understood that the Board was going to adopt requirements in final
form in May, but they did not. They have been held over and they will
probably be adopted in July."
p. 1099, second paragraph (Ms. Pearson): "Last Friday I visited the
Water Quality Control Board in 0aklaxd....I was stunned to learn that
the so-called inflexible requirements were tentative criteria ... that
had been sent to the City under cover of a letter dated March 31. The
Water Quality Board was asking for comment on the criteria. My dismay
was heightened when I was told that Palo Alto had made no contact with
this Board or its staff either by telephone or letter."
p.1101, second paragraph (Mr. Cooper): said he had spoken with Dr. Kolb
on Thursday.
p.1101, fourth paragraph (Ms. Fersons*: "I was there from 9o'clock in.
the morning to noon. I waa talking with Dr. Kolb and we asked him
specifically whether anyone had been there from the City of Palo Alto
or from the consultant and he said absolutely not.
1 believe that these are very important points and appreciate your
adding them to the record.
Sincerely,
Margaret k, weeks
363 La Cuesta Drive
Portola Valley, California 94025
MOTION TO CONTINUE: Councilman Carey moved, seconded by Sher, that
the subject of the Sher amendment concerning a flat rate structure
be continued for at least 30 days.
Councilman. Sher favored Councilman Carey's point of giving people an
opportunity to speak on the subject.
Ellen Pletcher, 3543 Greer Road, said that by the 1980's the Bureau
of Reclamation had said they would not be able to provide for possible
increased needs of electricity for Palo Alto. When and if Palo Alto
found other sources they would be much more expensive, and that eventuality
should be taken into account.
Ed Aghjayau, Director of Utilities, said that growth in all areas led to a
forecast that though most of the increased demand would come from commercial,
there would be growth in residential as well.
MOTION TO CONTINUE PASSED: The motion to continue discussion of the
possible revision of electric rate structure for at least thirty days
passed on the following vote:
AYES: Sher, Norton, Comstock, Witherspoon, Carey
NOES: Beahrs, Clay, Berwald, Eyerly
MAIN MOTION PASSED: The motion that Council approve the recommendations
parts 1, 2, and 3, and adopt the resolution, passed on a unanimous vote.
RETIRING COUNCILMEMBERS
Mayo, Norton and Councilmembers Comstock and Beahrs introduced members of
their families who were present, acknowledging their patience with
the required Council duties.
Council recessed from 9:00 p.m. to 9:25 p.m.
Vice Mayor Clay left the meeting at 9:00 p.m. and returned at 11:40 p.m.
BAYLANDS MASTER PLAN (G 8:354:7)
(Continued from April 11, 1977)
Larry White, Director of Nature and Sciences Department, said that
following the June 14, 1977, meeting on the Baylanda several topics
requiring further study and analysis had arisen. Staff had then:
1) prepared a comparison of the three landfill concepts with assump-
tions and implications, listed on the last page of Appendix B in
the staff report, and also prepared transparencies; 2) developed
data in order of magnitude with assumptions that have been compiled
in Appendix A. Each alternative cost is based on a 20 -year time
horizon, and includes operation, maintenance, capital costs for the
City and County. Also assumed is a constant volume of landfill
over the 20 -year period; 3) prepared construction and landscape
cost estimates for de -watering ponds which is provided in Appendix D;
4) major pros and cons are listed for each alternative to aasist
in making comparisons.
Robert Cooper, Cooper -Clark Associates, revived same of the different
information which had arisen since the study session. "Sanitary
landfill" according to the State Solid Waste Board was a site employing
an engineered method for disposing of solid waste in a manner to minimize
environmental hazards to spread and compact to the smallest practical
1 0 9 4
6/27/77
See pg. 70,
8/1/77
volume, and applying cover material over all exposed waste. Regard-
less of the time of termination, when terminated the site had to
meet all of the requirements implicit in the briefforegoing
definition. Sales of mud spoils and dredged spoils mixed with
sludge were being analyzed. Helen Proctor, landscape architect, was
running viability tests with the samples with various: grains and
also salt rush. All the plants had lived except for those planted
in untreated bay scud. Laboratory test data was not as encouraging:
the mere the bay nux was flushed the higher the ammonia and salt
content rose, owing to use of a secondary effluent from the treatment
plant. (Tertiary "higher level" effluent was not available.)
"Undigested sludge" (Palo Alto does trot "digest" its sludge) was
also used. At the present, tests were being run with tertiary
effluent and with samples they had obtained of "digested" sludge.
Answers which would then be available would not be the final answers --
they would give a strong indication of dredged spoils suitability
for impermeable cover, as well as for topsoil. That would provide
an alternative to trucking in dirt. A final decision to use spoils
for cover material required more detail studies.
Pfr, Cooper said that his firm of Cooper -Clark assumed an annual
supply of dredge spoils of 110,000 cubic yards, and further study
disclosed there would be about 60,000 to 80,400 cubic yards annually,
and that figure increased the cost of the 8- to 10 -year plan, for
not enough material would be generated, though the revised figure
of mount of dredged spoils would not affect the costs of the 20 -
to 25 -year plan. There was some indication that the de -watering
pond area could be somewhat reduced from 20 acres. Cooper -Clark,
Hr. Cooper said, had not developed figures for the 4 -year plan, for
it would nc,t be economically feasible to construct a de -watering pond.
Assuring the 20 acres were filled with one lift during the four years
there would be no shaping of the dump to meet the Regional Water
Quality Control Board requirements and so no cost savings over the
its ediate termination. The sole advantage would be that there were
five or six years for hauling In the necessary dirt, about one truck
every seven minutes, as opposed to the one -truck -every one -and -one-
half minutes as mentioned earlier. If all the garbage over the next
four-year period were used to shape the existing landfill and the
Mayfield Slough area were not filled in, the amount of dry fill
required would be reduced by one-half million cubic yards, saving
about $3 *Mica.
1 ica.
Mr. Cooper continued, addressing the question of "If the 20 --year
plan were adopted would it be possible to terminate sometime earlier?"
Re answered, "Yes, the plan could be quite flexible," lower areas
could be shaped and sealed. later a few mounds could be built, and,
with the decision to terminate, the height of the mounds could be
Lessened.
Regional Water Quality Board requirements, to be adopted in July,
would probably require one-half to one foot of impermeable cover,
with a total of three feet of cover. The dredged spoils would be
a source of easily attainable impermeable cover for Palo Alto, and
a thicker layer of that would likely be acceptable to the water
quality control board. The Environmental Protection Agency(EFA)
had some thought of adopting requirements later, requiring states
to conform. At present the EPA guidelines were published in Title 40
of the federal regulations of Part 241, and another publication,
"Sanitary Landfill Design and Operation." The State of California
was "light years" ahead of the rest of the country in standards for
sanitary landfill, and Cooper said he thought state requirements
would probably be more stringent than EPA requirements, as was the
case with automobile exhaust requirements, which made him confident
there would not be much variation in the present requirements.
109x5
6/27/1)
Mr. Cooper said his firm would have a more detailed report at the
end of July, and included would be some recommendations on future
studies, which needed to be performed before a detailed termination
plat, could be developed.
Councilman Beahre questioned where the dirt to be trucked in was
to be excavated. He said he did not want it trucked down Embarcadero.
Mr. Cooper said that the quantities of dirt that would be needed
on that plan could perhaps not be found in this area.
Councilman Sher reviewed Mr. Cooper's statement about the flexibility
of the state in accepting dredged spoils as impermeable cover. He
asked if Mr. Cooper thought the state would be as flexible about
the topsoil, particularly since Mr. Cooper had said the topsoil was
not attainable in Palo !alto.
Mr. Cooper said the Regional Water Board a,taff said a one -foot
minim impermeable cover, or perhaps one and one-half feet, of impermeable
cover was required. There was pressure on the Board to require
only the one -foot thickness, for such cover was scarce. He was confident
that one and one-half, perhaps even two feet of impermeable cover
would be permitted, and that would reduce the amount of topsoil
needed, With Palo Alto's source of dredged spoils, which was impermeable
material, it was in an enviable position.
Councilman Sher concluded the Regional. Board would set up "reasonable"
requirements.
Mr. Cooper said that by mixing the bay mud with spoils and compost
there would not be a necessity to truck in topsoil.
Councilman Comstock asked how many other sites in the Bay Area had
the same problems.
Mr. Cooper replied that his firm had been consultants on more than
thirty such sites, studies to permit them to continue receiving waste,
upgrading the from a dump to proper sanitary landfill. Not many
termination studies except for Menlo Park, Redwood City and Sunnyvale,
had been done. He thought such studies would be coming along with
greater frequency, for many were just realizing the tremendous coats
in properly sealing the landfill.
Councilman Comstock raised the question of having rules for sanitary
landfill handed down, with communities possibly finding it impossible
to comply. Was Palo Alto responding to that possibility? Also,
was there a chance that Palo Alto Bright "comply" with a requirement
that would later be shown to be uneconomic and burdensome?
Mr. Cooper said that the approach to the implementation of the Regional
District standards was quite general, and had been easy to meet thus
far. There was no anewer to the economic hardship --when cities had
the money to pay the standards were easily met.
Councilman Comstock mentioned that soma of the sites had been active
for so long and settling was so progressed that putting an impermeable
cap on thane was redundant.
Mr. Cooper answered that the more rain or other water that got on to
dumpsites Oh* More leachate and dangerous games were generated, and
so the impermeable cover was desirable regardless of the age of the
Landfill.
1 0 9 6
6/27/77
Councilman Comstock observed that all of these state and regional
requirements should serve to cut down the area size used for dumping.
Therefore a pyrolysis system should have some appeal.
Mr. Cooper agreed that was one of the main reasons for going into
recycling pyrolysis.
Councilman Carey said that if it was impossible to comply with
Regional Quality Control Board requirements by importing material,
Council had to decide if they wanteol the dump covered.
Mr. Cooper said that the hazard of leachate depended on what the
garbage consisted of. There were millions' of gallons of leachate
in the dump, end the dump was next to the bay, and the bay would
become contamiaated. For those reasons it would be difficult, he
said, to convince the board that it was all right to leave the
dump uncovered. The dump was a potential source of contamination
for many lifetimes.
Councilman Carey repeated that Council still had to decide whether
or not they wanted to cover the dumpsite when they were through with
it and use it for recreational or other purposes.
Ken Ray, of Garret Eckbo, consultants, projected a slide of a cross--
section of the dump on the wall, showing from the Mayfield Slough
to the yacht harbor. The plan in green was for the 20 -25 -year plan.
The highest points were 48 and 45 feet --a hill and valley concept:.
Walks for pedestrians provided drainage swales. The Plan satisfied
engineering, environmental and esthetic needs.
Councilman Beahrs asked how exaggerated the profile was.
Mr. Kay replied that only the vertical was exaggerated, and that
to the extent of ten tires ----the graph was to scale, however. Since
it was a vast amount of land she forms were quite "gentle." The
high spot indicated in one area was the Menlo Park dump, which was
approaching 120 feet in height, and that on 50 acres.
Councilman Beaters asked if Palo Alto was in conformance with Joint
Powers requirements. While time was significant twenty years
was not much.
Mr. Sipel said that in Councilmembers' packets there was a copy of
the grant submittal to the state by Palo Alto to be for a study
about source separation. Be had also received a final draft of the
Stanford proposal, • sophisticated solid waste solution. He would
be flying to Washington within the next two weeks "to pursue that
grant opportunity." Within the next two years a "front-end kind
of program" could perhaps be developed for resource recovery. It
could be done with the ,Joint Powers Agency (JPA). The total North
County could become involved. Were Palo Alto to go ahead and fill
for the next 20 years PaloAltowould be in the same position Fountain
View was in. The dumpsite could be viewed as an asset as well as
a liability. Some area to dump in would always be needed.
Councilman Sher said he wanted to question two comments ode by
the League of Woasae Voters of June 22 and June 27, as well as Kr. Moss's
Letter of June 21. He also wanted to ask queetione about procedure
to bas followed and criteria for closing landfill operations, He
thought Council would have to decide what action should be taken that
evening.
Councilman Unfold said he thought staff 'bread be instructed to
include in their dealin$a with JPA consideration of waste amassment to
redute the west* stream.
1 0 9 7
6/27/77
Joyce Leonard, 4107 Briarwood Way, spoke for the Palo Alto Branch
of American Association of University Women, She read the following
statement concerning material on the yacht harbor dredging spoils
for capping the Palo Alto dump as prepared by the city staff and
based on the Cooper Consultants report:
1
i
Due to the magnitude of this proposal and the major changes
from theoriginal Eckbo Associates plan, we feel that it
should have the benefit of the full planning process with a
complete review by the Planning Commission and interested
citizens of Palo Alto.
The coat figures in the report for rapping and landscaping
the dump make a considerable impact with a dollar range of
from $720,000, using only dredge spoils, to $13,500,000,
using imported fill. However, we believe there are other
factors that need to be considered.
Have the environmental costs been assessed for the annual
dredging of 110,000 cubic yards of mud from the yacht harbor
for 20 to 25 years? Under existing guidelines of both BCOC
and the state Water Quality Control Board, which AAUW supports,
prolonged and massive dredging is considered undesirable because
of the deleterious effects on water quality and plant and
animal life in the Bay.
Should the cost of the ITT property be included in the Cooper
report along with the dredge proposal costs as it appears
that its purchase is primarily for the drying and preparation
of the dredge spoils before placing them on the dumpsite. AAUW
has consistently supported an open space/wetlands designation
for the ITT property. We are unable to determine whether
the placement of dredge spoils wholly conforms with this
preferred land use. How large a land area will be needed
to properly dry the spoils and mix them with the sludge and
compost? Will additional land be needed for the flushing action
to return the slurry water to the Bay? AAUW does support the
concept of peaking a fresh water pond on the property and the
use of sewage sludge and compost.
What would be the size and cost of the pipe needed for the
slurry from the 55,000 cubic yards of mud dredged bi-annually
and extending from the harbor to the ITT property?
It would appear that the initial requirements for capping a
bayi.ands dumpsite as set down by the Water Quality Control
Board are somewhat unrealistic. Are these requirements
negotiabl€? Will all Say cities which will need to cap their
dumps have several million dollars ready to fulfill these
requirements? Will they too, continue to eaasively dredge
the Bay to produce it? It would seem that such requirements
tend to prolong the use of dumpsite in the Bayrlands and thus
postpone any serious efforts for recovery or reuse of solid waste.
Finally MUW would like this staff report thoroughly investigated
before any action on closing the dump is taken The staff should
present all of the information after Planning Commission review
and taus Cecil should sake its decision on this basis.
(signed) Joyce Leonard, Legislative Chairman
1098
6/27/77
Katherine McCann, 783 Garland Drive, read a statement which raised
several questions concerning projected coats of filling and capping
the dumpsite, as well as ecological effects of such fill She
asked that the installation of amenities, such as toilets, be
postponed no longer. She said that in her opinion continuing to
fill the present dumpsite merely constituted a second lift.
See pg.
8/1/77
Did Pearson, 1200 Bryant Street, Director, Peninsula Conservation
Center, thanked retiring members of the Council for their time and
effort for the City, She read a statement that 1) spoke of dis-
pleasure at Council having the public refrain from comments at
the June 14 workshop on the 3aylanda; 2) asked that Council act
70, on alternatives only after intense and encompassing research
with public input; 3) asked that someone from Palo Alto staff and/or
consultants attend the July 19 meeting of the Water Quality Control
Board, in Oakland. The Peninsula Conservation Center Board wanted
to know, she said, why the Water Quality Control Board criteria
were not agendized for a Council meeting to enable the public to
comment on those criteria; 4) only 6" of topsoil would be needed
for topsoil over the one to one and one-half foot of required
impermeable cover; and "...The 15 -month deadline was not in the
criteria and the staff stated that the Regional Board's requirements
take precedence ever the state."
Fen. nsula Conservation also raised several. other questions. Their
communication was dated June 27, 1977.
Barbara McBride, 1176 Emerson, spoke for the League of Women Voters.
She said that all of the questions the League had, had been raised
by others. She said that members had decided that " ...as a present
to the retiring members of the Council, the League would wait for
the detailed report to come in July, and say no more till then."
She submitted a letter with the League:s points, dated June 22, 1977.
Robert Moss, 4010 0:me, said that questions he had asked in his
letter had been answered. Be asked how the mixing of spoils and
sludge was to be done, and where. Be asked hoes much manpower and
equipment coats would be required for specified lengths of time.
Be asked if the natter of the leaching into the injection wells
had been considered.
Charles Kubokaaa, 3165 Stockton Place, asked if Council could
take action that evening before receiving the final report from
consultants. He favored pyrolysis for garbage disposal. Pyrolysis
cold provide means of de--ssalir ation of water, some electrical
ea ergy also. So far as dredging wets concerned, Scripps Institute
had explored means of blowing, by means of az pipe, the silt into
suspension so that it would be carried out of a channel with the
outgoing tide; the ides deserved exploration. Dredging went 144
feet short of deepwaterchannels, he had found out, and he wondered
how that 144 feet could be dredged. Be objected to the fact
that byxbee Park had not yet been completed, and other parks were
also incomplete. Be asked thaat. Council not sake a hasty decision
that evening.
Harrison Otis, 909 California, reviewed some past problems of Palo
Alto and his involvement with them. He said time was needed for
solution of the problem.
Hsrriet Macy, Tennyson Avenue, said that questions she had been
going to ask had all been asked. She questioned the large costs
which would escalatethroughout the years. She referred to a staff
report of March 27, 1975, with a report from the Axmy Corps of 8agiaeers
1099
6/27/77
of December 10, 1974, signed by Colonel Flitzheim. The report
referred to a meeting held on October 23, 1974. She read from
the report, which gave figures and also stated that dredged spoils
would not be usable as cover for the dumpsite until after three
to four years of drying time. There was an inherent gamble in
the poasibility of being able to use spoils, she thought, and
she gave some reasons.
Councilman beahra said the current proposals, in his opinion, did
no great violence to the Raylanda. He questioned whether or not
some elements in Palo Alto accepted representative goverment. Much
cost had gone into "fruitless" planning efforts when the needs
were clearly evident. He asked that planning "stalls" be Abandoned
and action be undertaken, for neither Council nor public could handle
each detail —with due respect to "self-appointed experts", a well -
trained staff was hired to handle such details.
MOTION: Councilman Beaters moved, seconded by Witherspoon, that
Council approve, accept, and implement the recommendations of the
staff which appeared on Cages 7 and 8 of their June 23, 1977 report:
1) Direct the consultants to prepare the draft Master Plan in
conformance with the direction given in Alternative III for closure
of landfill and yacht harbor maintenance; 2) Direct consultants
to prepare the draft Environmental Impact Report; 3) Direct staff
to renegotiate the consultant contract to include the tasks involved
with closure of the landfill, land acquisition, and dredging concepts.
Councilman Sher said he was very receptive to the new possibilities
of using dredge spoils and the like. Criteria being developed by
the Control Board had to be reviewed, and much other new information
would be forthcoming, and he felt the smatter should be referred
back to the Planning Commission to review the new information.
MOTION TO REFER: Councilman Sher moved, seconded by Comstock, that
the natter of further action on the Baylands be referred to the
Planning Cordes ion to review the new information.
MOTION TO REFER: Councilman Sher moved, seconded by Com:atock, that
the matter of further action on the Bayi.anda be referred to the
Planning Commission for further review.
Councilwoman Witherspoon agreed with Councils Beahrs that Council
could take some action She thought it would be wise to start
work on au Environmental Impact Report (EIR) to go to the Planning
Cosameiss Ion ,
Councilman Comstock said he was uncomfortable about giving direction
to staff that would not be supported by new Comcilmembers. The
present staff report vas based on information, some of which had
changed. He thought a referral, perhaps even a continuance, might
ninindee that risk.
Ccunc ilaan Seahrs said he opposed the motion to refer for he thought
answers would evolve ---Palo Alto vas such too "addicted" to planning
for which the staff did not have total time to give, He thought
the problem should not be stalled "for another four or five years."
Councilman Carey opposed the motion to refer. He did not wantto
refer to the Planning Commission beecaose issues costing perhaps
$30 million did not belong in the Planning Commission, for they
were Council decisions. The matter would get to the Commission for
the Ell Decisions on what could go forward with the Joint Powers
Agreement and that like were properly before the Council.
1 1 0 0
6/27/77
Councilman Berwald asked if there were any major problems about the
costs and the flushing of the spoils.
Mr. Cooper of Cooper -Carlson Associates answered that using the
existing cover as part of the impermeable cover was highly debatable.
The existing cover would more properly be classified as intermediate
Corrected cover. Cover material had to have a certain coefficient of compaction
See pg. 70, and could not be contaminated with the refuse. Conceivable
8/1/77 variations in the Control Board requirements would be minimal and
not influence a decision. Comments about sludge and use of pathogens
had confused him. Uses of digested sludge were restricted to von -food
plants. The use of undigested sludge was more of a concern. As
for dredging, there was always a certain amount of turbidity --the
clamshell dredge caused more than a suction dredge. The County
had proposed to use a suction dredge, and if the Regional Board
permitted, limit that to one dredging a year. Tertiary effluent
was used to flush the spoil and then it was returned to the bay
through a nearby storm system. All those items would be addressed
in his final report, which would be reviewed by the Regional Board
first, which would give an infernal opinion as to its acceptability.
Councilman Berwald said he had learned a great deal about the bay
through the years of reports and studies, and he felt he was capable
of making a wise decision on the base of wide criteria. He opposed
the motion to refer.
Ma. Enid Pearson, 1200 Bryant, said that discussion with the Water
Corrected Regional Control Board had shown that the 6" of compacted soil
See pg. 70 on the dumpsite could be used for cover. They had also said that
8/1/77 effluent used to flush spoils had to go back to the treatment plant
unless it was very highly treated.
Councilman Eyerly asked if, as had been said, the strata below the
dump would support the second lift.
Mr. Cooper said the question was more one of how flat the perimeter
slopes should be. That slope would be about 3 ov 4 horizontal to
1 vertical.
Councilman Eyerly asked if the leachate could go through the water
treatment plant if they could not go directly to the bay.
lgr. Cooper said that might have an effect on the tertiary treatment
process, because of the high salt content. The problem of returning
water to the bay was usually that of turbidity. That could be
handled through a variety of methods, settling ponds, de -flocculating
agents and more.
Councilman Eyerly said that most of the questions raised that
evening could have been answered had those persons had an opportunity
to read all the material. He opposed the motion to refer for time
was running out and Council had a logical course to follow through
the staff recommendations.
MOTION TO REFER FAILED: The motion to refer the matter to the Planning
Commission failed on the following vote:
AYES: :her, Comstock
NOES: Beahra, Berwald, Carey. Eyerly, Norton, Witherspoon
WENT: Clay
1101
6/27/77
Councilman Carey said he would vote for alternative three of the
motion before them, though he thought it still remained to be
known whether or not the spoils when treated could support plantings.
Helen Proctor, landscape architect, said that on that day she had
seen that the barley had sprouted in the flushed spoils and all of
the aaltbush bents had rooted and mo she thought there was no question
that salt -tolerant plants would in fact grow in the treated spoils.
Colleagues at Rutgers, Davis and Long Beach had said there was no
question but that it was possible. The particles of the spoils
had to be kept apart so the flushing could occur to get the soluble
salts out. She thought imported soil should be used for the pockets
for the trees.
Councilman Carey said he felt somewhat reassured. Be said that
regardless of whose requirements were fulfilled, the dumpsite would
have to be covered, and deporting material to do that would produce
negative effects. Trucking in soil would bring forth objections.
The motion on the floor presumed a 20- to 25 -year life for the
dump, and he preferred that there be more flexibility; dredged
amounts were also chancey. He felt some agreement, perhaps by
means of the Joint Powers Agreement, should be reached about how
the amount of waste was to be reduced, and it should be in the
motion.
If Alternative III were modified to allow for the flexibility of
shortening the life of the dumpsite and the amount of dredging,
while emphasizing the JPA agreement and resource conservation,
the kind of solution that was desired could be attained.
?ayro Norton said a substitute motion presented awkwardness --if
the motion before them passed he would give Councilman Carey an
opportunity to make a area[ `on later, or make an amending motion
at the present time.
Councilman Beahrs said Councilman Carey's suggestions could be
accomsodated in the ongoing planning process. He himself wanted
flexibility and any good planner would allow for the flexibility,
either political or technological. He objected to having to deal
in absolutes when there was no such thing.
Councilman Carey said that the county might negotiate a 25 -year
lease period. He thought Palo Alto should have the opportunity
to make decisions unilaterally on the lease. He did not want,
in the same way, to be locked into a 25 -year dump plan.
Councilwoman Witherspoon said the question was not of yacht harbor
lease but of maintenance.
Councilman Carey read the passage ". . . 20 -year operation" which
corrected her statement. Such details were part of the motion.
AUNT: Councilman Carey moved, seconded by Berwald, 1) that
Alternative III provide that every effort be made to reduce the
term that the dump shall remain open, and the amount of dump
material that is placed there through the efforts of the Joint
Powers Agreement negotiations, through resource recovery, separation
and re -use management; 2) that any negotiations with the County
with respect to the yacht Harbor Lease reflect the desire for the
utmost flexibility, particularly in relation to shortening the
time of the dumpsite as a 20 -year projection.
Councilman Carey said he did pot want the County to say Palo Alto
could not close its dumpsite early because the County might say
that the lease had to run its entire 20eyear duration.
1 1 0 2
6/27/77
� F r)
Councilman Berwald confirmed that Councilman Carey did not want
Palo Alto tied into the yacht harbor lease because it might restrict
freedom with the dumpsite.
Mr. Sipel said he thought that part of the motion would be very
difficult to negotiate, though he would try. He felt Palo Alto
could move back from the 20 -year closing time to something less
than that.
Councilman Berwald said he had seconded the motion but he could
not vote for the second part.
Mayor Norton said that the first pars- of the motion would be voted
on separately.
Councilman Sher said he supported the motion for he thought it
meant that the City would pursue means of reducing waste with the
JPA.
MOTION TO CONTINUE: Councilman Comstock moved, seconded by Sher,
that the matter be continued to early in July, the date to be
set by Council and the City Manager.
MOTION TO CONTINUE FAILED: The motion failed of the following vote:
AYES: Comstock, Sher
NOES: Beahra, Carey, Clay, Eyerly, Norton, Witherspoon
AMENDMENT PASSED: The motion that Alternative III provide that
every effort be made to reduce the terra that the dump shall remain
open and the amount of dump material that Palo Alto places there,
through efforts of the Joint Powers Agreement negotiations through
resource recovery, separation, and re -ease management, passed on
the following vote:
AYES: Eeabri, Beraald, Carey, Comstock, Eyerly, Norton,
Sher, Witherspoon
NOES: Clay
Councilman Sher said he thought there was confusion about Palo Alto's
relationship with the County. About ten years had run on the present
SO -year lease, and under that lease the County had the responsibility
to run the yacht harbor facility and the City had the obligation
to designate where the dredge spoils were to beplaced. If the City
did not designate a suitable piece for the spoils the County did
not have the obligation to operate the yacht harbor. It was possible
to tell the County that Palo Alto would designate such .4 suitable
place only to long as it was t:uitable to deal with solid wastes
then the County would have to respond. Since Council had adopted
the first part of the notion it almost automatically led to the
second part, which was what the City vould tell the County about
where to put the dredged spoils.
Councilman Comstock asked how Councilman Carey foresaw the City's
position if the amendsent did not pasa.
Councilman Carey said that noting *satinet his motion would mean
that the City would then bear the relationship to the County that
Councilman Sher had outlined. He wanted a mote definitive lease
that insured yacht harbor operation. He wanted to approach the
County with a master plan and n►esotfate with those considerations
in mind, and that would put ROTe of the burden of disposal of the
spoils co the County.
1103
6/27/77
Mayor Norton said he opposed part 2 of the amendment for the
County probably would not assume the burden. He thought the
present lease gave the City the out it needed.
PART TWO OF AMENDMENT FAILED: Part 2 of the amendment failed on
the following vote:
AYES: Carey, Sher
NOES: Beahrs, Berwald, Clay, Comstock, Eyeriy, Norton,
Witherspoon
Councilman Carey asked why point 3 of the recommendation in the
amain motion involved the consultant in land acquisition matters.
Mr. Cooper answered that it was to include the ITT property in
the master plan process.
Mayor Norton auggested that the language be clarified to explain
that fact.
Councilman Sher said that the motion meant that Alternative III
was the draft master plan for the baylands, directing that an EIR
be based on that plan. It was the end, not the beginning of the
process. It would all be done without putting it to the various
planning agencies such as EPA, Regional Water Control, Fish and
Came, and the like, all of which had input at the beginning of the
process. It was not unlikely that the new Coancil would have: to
undo a lot of what had already been done. So many questions had
been raised about Alternative III he did not see how Councilmembers
could adopt it: 4r. Cooper had said the lab tests on the plantings
were diesappointi.ng; reauits of those lab tests were needed to
know what would grow in the various kinds of material; how did the
reduced aunt of needed spoils square with the Eckbo report which
bad said three months were needed to dredge 30,000 yards —would
seven months be needed to produce 60,000 to 80,000? Was the yacht
harbor usable while the dredging was going on? Could dredged
spoils be used for tcpsoil, all 100,E needed yards? Would
leachate have to go through the water treatment plant, and would
it be possible to treat it? Be did not knot if the City could
handle the methods and its that might be needed, and he did
not want to vote for Alternative III until he knew.
Councilman Comstock observed that much new information had come
forward jest since April. He felt that problems at the Yacht
Harbor were the product of years and years of aaissanageeent. He
feared committing some of those mistakes again. He felt that
with Alternative III a short -heron solution may have presented
itself. An "appetite" for spoils could force the City into a
bad situation. So fear as closing requirements for the dumpsite,
should there be such en outside imposition in another context
the City would fight it. Re would have preferred that the matter
be Cottinned. Re would vote against the motion,
Councilman geahrs urged that the public maintain contact with
the staff in the future and give them input--Councilcould not
do phoning for too many details were involved.
Councils Witherspoon said ehe opposed anyone from the City
asking the Water Quality Control Board to lower their requirements,
for the City had always wanted to protect the environment, diffi-
cult though the standards might be to meet.
1104
6/27/77
Councilman Comstock said he thought the Control Board should prove
the worth of their standards.
Councilman Eyerly said the baylands gre.r very little at the present
end it would be improved with shat was planned, Harbor dredging
was an asset. It saved having to haul in soil.
Councilman, Sher asked if Alternative III contemplated the 86 new
berths along the shore, or out in the harbor.
Larry White said that had not been decided, though it would be
decided in the master plan and there would be an EIR on it.
Mr. Frau Brac, consultant, said that his firm prepared the recommenda-
tions which went through the Planning Commission and to the City
Council. Final adoption would cone later and the location of the
berths for the sailboats would be ode final then.
Councilman Sher asked if another EIR had to be run if there were
substantial changes.
Mr. Frau Brac said that between the draft impact report and the
final impact report, changes in response to comments could be
made. The process was far from over.
MOTION AS MENDED PASSED: The motion that Council accept staff
recommendations 1), 2) and 3) on pages 7 and 8 of the June 23, 1977
report passed on the following vote:
AYES: Beahrs, Berwald, Carey, Clay, Eyerly, Norton,
Witherspoon
NOES: Comstock, Sher
AWOUROMENT IN HONOR OF
RETIRING COUNCANEMBEAS
IlEAHRs, 8 ml"LU C K AND NORTON
MOTION: Councilman Carey moved, seconded by Coetock, that Council
adjourn.
Councilman Carey said that he made his motion in honor of those
Coaoncil'bers who would not be returning to the next Council.
The notion passed on a unanimous vote. The Ming vas adjourned
at 12:30 a.m.
ATTEST:
11.05
. &127177
APPROVE: