HomeMy WebLinkAbout1977-11-26 City Council Summary MinutesCITY
COUNCI L
MINUTES
CITY
Or
PALO
ALTO
Regular Meeting
November 28, 1977
ITEM PAGE
Executive Session Announcement 3 8 0
Scheduled Meeting on &eso,r-ces, Land Use and Energy 3 8 0
League of Women Voters Observers 3 8 0
Approval of Minutes of October 31, 1977 3 8 0
Oral Communications 3 8 0
Consent Calendar 3 8
Water Quality ^ontrol Plant:
Advanced Wastewater Treatment Facilities 3 8 1
Draft E virouaental Management Plan for the
bay Area, Septeaber 1977 3 8 3
Recess and Executive Session •4 0 0
Public 9raring: 2500 Faber Place; Pequest of Leonard Ely
for Amendment of the Pato Alto Comprehensive Plan
(Land Use Plan)
4 0 1
Palo Alto Council Monoru Los Altos on the occasion
of its 25th Anniversary 4 0 7
Bequest of Councilr=mber Paszino re Term Limitation
for Councflmembers and/or Council -Appointed
Commission and Board Its era (Continued from 11/21/77) 4 0 8
Request of Councilmember Fletcher re
Southern Pacific Commute Service 4 0 8
Inquest of Councilse mber Syerly re
Sidewalk Cleanlimess in Commercial Areas 4 0 9
City of San Jose - 2000 Anniveriary
Oral Communications
Adjournment in Honor of Former Mayor Lorena Costello
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410
4 1 0
Regular Meeting
November 28, 19?7
The City Council of "he_ City of Palo Alto met on this date at 7:35 p.m.,
in a regular meetinh with Mayor Sher presiding.
PRESENT: Branner, Carey (ai.ived 7:40 p.m.), Clay,
Eyerly, Fazzino,,Fletcher, Henderson, Sher,
Witherspoon
ABSENT: None
EXECUTIVE SESSION
Mayor Sher announced that an executive session would have to take place
at recess on a .litigation matter.
SCHEDULED MEETING ON RESOURCES, LAND USE, AND ENERGY
Mayor Sher announced that there would bc, on the following morning
Tuesday, November 29, a meeting of the California Assembly Committee
on Resources, Land Use and Energy --"The future of Solar Energy in
California." The meeting would take place in the councilchamber.
LEAGUE OF WOMEN VOTERS OBSERVERS
Mayor Sher said that the League of human Voters, Palo Alto Chapter,
had notified that Barbara Leighto:.and Dolores Williamson would be new
observers of the Palo Alto City Council meetings, and that they were in
the councilchamber that evening. He welcomed them.
APPROVAL OF MINUTES OF OCTOBER 31 1977
Councilmembez Clay .aid he arrived at 8:20 p.m. and should not have
=pan shown as absent on the roll call on page 287.
Vice Mayor Brenner said th:::: on page 293, third paragraph, first line,
the word 'county' should be replaced by 'city.'
Mayor Sherasked that on page 298, second paragraph, the iaat sentence
should --be deleted and t>>4a following sentence inserted:, "1. Stevenson
had indicated she would be -willing to serve if a position were to be
created."
Mayor Sher asked that on page 299, the bsgtnning'of the last paragraph
should be corrected to read, "Mayor er said he had not talked to the
City Attorney."
MOTION: Councileelber Henderson moved, seconded by Passino, that the
minutes of October 31, 3,977, be approved es corrected. The motion
passed on a unanimous vote.
ORAL. COMMUNICATIONS
None.
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CONSENT CALENDAR
Councilmember Fazzino and Vice Mayor Brenner asked that the only item
on the consent calendar, which concerned the Water Quality Control Plant,
be removed. It then became Item 3A.
MOTION: Councilmember Fazzino moved, seconded by Eyerly, that Item 3A
be moved forward on the calendar. The motion passed on the following
vote:
AYES: Brenner, Clay, Eyerly, Fazzino, Henderson,
Sher, Witherspoon
NOES: Carey
ABSTAIN: Fletcher
WATER QUALITY CONTROL PLANT:
ADVANCED WASTEWATER TREA1r FACILITIES (CMR:540:7)
Councilmember Fazzino asked Ed Aghjayan, Director of Utilities, what the
problem was in relation to bidding ou the project.
Mr. Ray Rcmazl, Water -Gas -Sewer, replied that the basic problem lay with
a supplier of scrubber equipment. Bids were in btlt the supplier filed a
protest indicating that he had not been able to submit a price cn scruff!=/2rs
from his firm. He also complained that the specifications had a proprietary
compound. Mr. Remmeel said that the scrubber compound was an aluminum
oxidized material with potassium peraa►ngatee in it to scrub the air that
goes through the biological filter tower. Apparently the compound eas
available from one manufacturer only. Staff had investigated end found
that the price on the compound had been submitted to three different
scrubber manufacturers. The protesting bidder had gone to the supplier
two days before bids were due and asked for a price on the compound. The
supplier had maintained, Mr. Remnal said, that he had reserved the right
to supply this material for the scrubber that was approved by his firm,
so they did net quote the price. Ha had based his protest on that refusal.
Staff had discussed it at great length with the protesting bidder and a
formal protest hearing had been held on Wednesday last, on November 23,
in the conference room. The protester presented his argument, and the
design engineer, John Jenks, presented his argument for using the
particular compound when writing the specifications. The abject is
under advisement, 3. Reanel said, by Dave Brodie, City Purchasing Agent,
who at as judge at the public hearing. When Mr, Erodie's findings were
finalised they would be submitted to Environmental Protection Act (EPA)
for approval. The result of that submission to EPA was not yet known --
once the City got that approval it could proud with the contract
Councilmember gaszino asked what expectations were of resolving the
matter by December 14, and if there was a potential lawsuit -
Mr. Rommel said it ves expected that the flatter mould be resolved in
fairly quick order.
Mt. Robert Booth, City Attorney, chid the protester bad not threatened
litigation, nor rags it anticipated. The appeal process, however, through
EPA, could take a great deal longer than December 14. Process to solve
the problem that would allow tbs contractor and the project to go for-
ward was some distance dawn the lino. Work on the plant itself could go
forward, for the matter concerned equipment, rather than the building'.
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Councilmember Fazziao confirmed with Mr. Rommel tha the contract was
going to be signed December 14 even if the supply issue was not resolved.
Mr. Remmel replied that, on the, contrary, the contract could not be
signed until the isteup was reac,lvei. _That could present a problem on
the federal grant, and staff was doing everything it could to settle
the matter.
('Thuacilmeaber Eyerly noted the absence of staff time and dollars cost in
the report. He recalled a resolution Joking that costs of reports be
placed on staff reports, and if such a resolution had not been passed
he would like to know, so that he could put it on the agenda.
Mayor Sher said be had understood that the matter of time and costs
recording had been made as an informal suggestion during the budget
process.
George Sipel, City Manager, said he recalled that staff had begun to
record time and costa on requests for information by Council. It vas
not intended that it appear on ail staff reports.
Councilaeober Eyer1v said that Mt. Sipel's criterion was satisfactory
to his.
Vice Mayor Brenner asked that staff confirm that the chlorine contact
pipes would indeed go wider the toad at the plant site, and also that
the concrete roadways and paths would be replaced b3 landscaping when
poeeible. She clarified that war 'to be true with concrete paths which
were shown as future expansion.
Mr. Remmel agreed ---he had refreshed his memory from a recent reading of
the minutes. He said the stakes for the tank had been put in that
afternoon, and he and Ms. Proctor would check out the site thoroughly.
Those pipes would be moved toward the Uplands, and the reference to
future expansion would be deleted by deleting the paths. Some kind of
detour for access to the dump would have to be provided during the re-
location of the pipeline.
MOTION: Councilee*er Fuzing) iatroducei the following ordinance,
Addendum No. 1, authorizations of agreement, and seconded by Eyerly,
moved their approval by Counclit
1) adopt the budget amendment to provide for the financing of advanced
taste treatment facilities;
ORDINANCE 3026 entitled "ORDEMANCE OF THE COMM OF
This CITY OF PALO ALTO AMENDIM THE BUDGET FOR FISCAL
TEAR 1977-78 TO INCREASE TEE APPROPRIATION roR P 0JEC'f
76-77, WASTE TREATMENT FACILITIES, TO PROVIDE FUNDS FOR
CtEfSTRUCTIOI OF ADVANCED WASTEWATUTMENEMENT PACILI»
TIES AT THE REMOVAL WATER QUALITY CONTROL PLAINT."
2) authorise the Mayor to execute the proposed amendment to the batic
egremetItt between the cities *f Palo Alto, Mountain Vier, end Los Altos
for acquisition, construction, And maintenance of a joint.sever system;
ADDENDUM NO. 1 TO BASIC AGRUMENT BETWEEN TEE CITIES
OF PALO, ALTO, MOUNTAIN VIEW, AND LOS ALTOS FOR
ACQUISITION, CONSTRUCTION MID MACE or A JOINT
'SEWER sank
3) authorise the Mayor to execute a contract in the amount of $10,03.3,490
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with Dan Caputo Company for the construction of advanced waste treatment
facilities at the Regional Water Quality Control Plan, contingent upon
the final resolution of the protest by EIP by December 14, 1977:
AGREEMENT - ADVANCED WASTEWATER TREATMENT
FACILITIES - DAN CAPUTO COMPANY
4) authorize the iiayor to execute a contract amendment in the amount of
$192,706 with the firm of Jenks and Harrison for construction inspection
of the proposed advanced mate treatment facilities.
AMENDMENT NO. 2 TO AGREEMENT, CONSULTING
ENGINEERING SERVICES IN CONNECTION WITH
ADVANCED WASTEWATER TREATMENT FACILITIES
MOTION PASSED: The motion passed on a unanimous vote.
DFT E iv'IR4l TAL MANAGEMENT
FOR THE MY AR SEPTEMBER 1977 C) :536:7)
Mr. Don Skinner, Assistant Director of Public Affairs, Associated Bay
Area Governments (ABAG) reminded listeners that AMC: & a voleetary
asaoeiation of cities and counties created by Joint Powers Agreement (JPA).
Decisions were frequently arrived at by a substantial majority. He
anticipated that such would be the case with the Environmental %anagement
Plan (DW) before Cotincilmembers. Substantial agreement was needed and
in anticipation of that the review process had begun early. ABAG was
not staking that Council act that evening: the neaten was for briefing
Ccuncilmenbers so they could prepare their own position to be expressed.
at the General Assembly by the City's delegate, Vice Mayor Brenner. The
session would also help to identify questions so that ABAG could start
to gather information on the various cities' concerns. AUG had been
designated by the state and Environmental Protection Act (EPA) to pre-
pare the plan to fulfill requirements of two federal laws: the Water
Quality Act of 1972 as amended, and the Clean Air Act of 1977. The
fact that the two laws were federal vas important 1) because fe}sal
fuada and federal sanctions were involved (and there were remedies
through this feral court system if they were not carried out); 2) the
basic pattern .of environmental legislation over the past ten years had,
been "top dam" legislation, that is, enacted at state and federal level,
on the assumption that environmental problems "overwhelmed" local
government and also that local overnment did not have the inclination
to deal directly with such problems. Therefore, AUG, at the present
time, was asked to prepare its owe plans and to define rules which would
operate through the plan and to maintain control of environmental
menagement in the future. That, Me. Skinner said, might be the vest
important element of the plan.. City managers and county adsiuistrators
had worked with ABAG. They concluded that the plan was perhaps the most
important effort of the decade for the problems mere ;rest, federal
feeding ras contingent upon the 'Perking of the plate, and specific dead --
lines bad to be art. Mr. Skinner stressed that a plan had to be approved,
and the central question wee what the plan contained. If local govern-
ment did not approve a plan, state or federal government must do it,
making it their decision and judgment as to what had priority. A number
of members of the executive board of ASAG formed their own committee to
work directly with elected officials to pekesure the plan was acceptable.
Santa Clara County members of the LSAG committee were Supervisors
lecCorquodale and Diridon, and Councilmen Hark DiDuca of Los Gatos; members
of a task force from Saute Clara County were Ruth Kohler, representing
the Inter --City Council; Sam Jose Council her Alfredo Garza, Jr., and
Supe rvieor Dan $ccorquodals, alms with a number of county citizens.
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Lilc Cti ealez who represented LaRaza, It.:hert Eastman, representative to
the Water Quality Control Board, Carl Baas, representing the Farm Bureau,
and others. An analysis of the problems had been completed, as was noted
in the progress report, identifying the problems and giving the fire
steps required to meet those problems. Staff was at present preparing
an impact asre.et ent of what it would mean if the steps were carried out,
end to integrate the separate plans for water quality and supply, solid
waste and air quality, into a single plan, thereby reconciling and mutually
reinforcing the various elements. The full draft of the Environmental
Management Plan would be out about January 1 and distributed to Council -
members. I€eazings would be held throughout January. On February 8 the AUG
general assembly would mast to review the plan, with the hope and expec-
tation that major issues to be resolved would have been narrowed. The
approval process begins soon after, with formal approvals beginning Febru-
ary 22, 1978, when the teak force votes; March 16 the Executive Board
votes; April 6 the general assembly would aee4 in San Jose to vote on
the plan, which would been be sent to state agencies for their approval
which had to take place during the summer. The state Water Quality
Control Board was required by law to act by June 21. The plan had to be
approved by the state agencies, or. behalf of the governor, and sent to
a federal regional administrator for EPA, with his approval required by
October 19, 1938.
Mr. Skinner continued, saying he thought perhaps the most important
period of tins' was now through .January. It was hoped that Council
would consider the entire draft plan in the light of '3alo Alto's par-
ticulsr concerns, so that by February 22 AMC could be close to what
looks like "an approvatle plan," His group was meeting with as may
cities and local governments as poSeible in the effort to find ereae of
common agreement, also toward building a process for continued monitoring.
W. Skinner outlined the problem and recommended remedial steps on water
quality, water supply and solid waste. Much improvement had already taken
place regarding water quality in San Fraz.cisco Bay. Problems related to
"gross pollution" were rising met. Mrasive construction of sewage plants
had solved most of the problem; some more subtle problems remaining were
from storm surface runoff, adequate freshwater flow from the Sacramento
River and the Delta to maintain the ecologies balance and Suisun Marsh,
and also to maintain the proper balance of the itself. The plan
gave recorded steps toward maintaining the quality of ;vaster in those
places, end those recoeeeaaded stepe necessitated working with federal
agencies. A drain for the Central Valley, as wall as the Peripheral
Canal, also bad to be addressed. Regarding water supply the drought
presented two sides of the soma coin: it had bean shown that in neces-
sity to,do so less rater could ba used, and on the other side the drought
bed +wi that not as such mater could bm , relied on. . --: 1leaica facing
the -aster supply ag;; lcy vas to dotsrains the appropriate minimum level
of water ,blob 'Should be assured in the future. The plans reooa ended
that a "�.,��3eat" conservation of 11 percent, (as distinct from 30 end 40
percent moor in effect in tbs Bay Ares)' should be maintained. Xemdmum
feasible re -use of water sight nmke.it possible for the ley Area to
maintain itself for sone time on existing facilities, particularly if
inter -ties could be constructed between them, if future water facilities
are required, Mrs Skinner continued, his group was recommending that an
organisation among the Mater suppl; egaacis .,be crested to coordinate
construction asking sure that more money than vas absolutely necessary
vas not spent. -
Reearding solid masts, staff summaries covered the issue quite well; the
problem was bulk, Finding - gees sites rams increasingly difficult, The
plam pied reducing the amount of solid waste by reducing packaging,
ssparatiag sarbege at its aouso., as in homes, and to simplify the permit
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procedures for solid waste sites, along with finding an appropriate use of
sludge never waste --bast Bay Konicipal Utility District (EAST RAY MUD)
would be coming along with recommendations soon. Finally, a way to deal
with hazardous waste heal to be found, excluding radioa.tivo w.ete. A
process for finding future sites, particularly for dangerous chemicals,
was under study.
Ron Wade, Principal Environmental Planner, AUG said the air quality
portion of the Air Quality Management Plan Mae a cooperative effort of
AUG, M1'C, and the bay Area Air Pollution Control District (BAAPCD). There
was additional ataff support from the California Air Resources Board,
CalTrans, and EPA. Air Quality problems arose from oxidants, carbon
monoxide, with particulates and oxide and nitrogen. to a lesser degree.
The plan dealt exclusively at the present with the photochemical oxidant
problem. For a variety of technical reasons preparation of plans for
other groups of pollutants had been deferred to a later date. Oxidants
were "by far the meet serious problem that we face." If continuation of
present programs z+as all that vas done, air quality would continue to
improve until at least 1985 up to about 20 percent in the oxidant level.
After that, growth in nombere of people and travel and the like would
overtake present technological ability and a return to present pollutant
level would take place. The present peak !oxidant levels reached three
times that permitted by federal oxidant standard. Mr. Wada reviewed some
of the provisions of the Clean Air Act of 1977 regarding time frame and
federal sanction. `i`ha Clean Air Act said regions must have a plan for
attaining all federal ambient air quality standards by 1932. If action
to attain those standards are deemed unacceptable both socially and
economically, regions are given until 1987 to attain those standards.
However, by 1982 there east be a plan which had to contain such provisions.
In the event a plan is not acceptable, that is, doss not attain standards,
the federal government it authorized to deny all significant resources of
ai- pollution in the region, and to deny programs for sewage treatne.it
expansion and to deny fetleral bialy fuada. Congress had so sanctioned
the feral government. If a savage treatme t plant or higbraay proposal
were not ccneistent with the state implementation plan for air quality the
federal government is prohibited frog funding it. That point had been
missed by the staff analysis--AUG had deleted those points, and it was
not within its power to delete for they were congressional mandates. To
attain the full chemical oxidant standard in the Bey Area, ADAG proposed
a aomprebeneive strategy, which meant that ASAG implemented control over
all significant sources of pollution: stationary, motor vehicles, lend
use his transportation controls. Their recommendations recognized that
there had been a lung history of air pollution control in this region;
regulations on . tbs books were widely recognized as among the most strin-
gent in the nation. Tools toward transportation end lend use in thin
area, compared with elsewhere in the nation, were each Bore progressive
In spite of that eels needs to be done. Re enumerated elee+sats of
zecommandst a:
1) Stationary Source contr,ale: implementation of the Best Available
Control Technology (Z&CT) raquirsrr.' nt for all sources. Existing
regulations of the air pollution control district do not necessarily
require SACT, and a change to ibCT would be eaxtreeselr effective in
reducing emissions and it would also be extremely costly because all
of the wive controls had been used in the past, and only tbs
expensive Imre left.
2) Motor Vehicle EutsaionControls--threae program vere propoeel:
' a) a parogria for tightening sew vehicle emission standards beyond
that required in the Chen Air Act, and that to be in the year
1990;
b) iaplessatetion of an inspection sad meintena nce program, necessary
became the latest information from vehicZs surveillance programs
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•
thRt while cars rolling off the assembly line are quite clean
they incur substantial deterioration afeer a short period of use,
either by lack of maintenance or purposeful maladjustment;
c) a retro-fit program for heavy-duty gasoline trucks (to be
distinguished from diesel trucks, where retro-fit was not recom-
mended). That was recommended to take place between now and
1985, and as retrofitted vehicles got older and were retired
from use the program would be lass effective.
Reduced use of the automobile was a primary land use and transportation
control: that would be by decreasing trip length, use of car- and van -
pools, bicycles, and the like, and trrnsit impro+.•ement, with costa to be
met by use of bridge tolls, parking tax and fees.
In land use, a number of policies and action had been identified which
could be taken by 1r al government to encourage a compact development.
It was not proposed that every jurisdiction adopt all policies in action,
and ABAG would work with comities to try to develop a set of policies
consistent with the community's goals. -
Mr. Wada said the final element cf the plan related to new and indirect
sources of pollution. He said the optimum would not be attained even
with those enumerated controls, and ABAG :-Ad developed a new- and indirect -
source review program to attain the optimum. Stringent controls would
be imposed before such sources would be allowed in the region. "Stringent
control" was exemplified in the current debate about the usefulness of
emission offsets which meant that a new source (of emist4in) could be
allowed into the area if it would reduce the emissions in the region by
either controlling one of its own existing facilities to make up the
differeece of what had been proposed, or by buying out another source
(of pollution). There were many variations of emission offsets: one-to-
one, 1.2-ta-1, and so on. "It could get complicated very quickly, as yeu
can see, if one started to develop a market for emission rights," Mr.
Wade remarked. He said alternatives to kW's proposed actions had been
developed --alternatives which had beau developed early in the program and
rejected for one reason or another. i'hey would be in the plan, including
such items as gasoline rationing, prohibition of small internal come
buetion settees, such as lawnmowers, leaf blowers, and the like.
Naphtali Knot, Director of itanning and Community Environment, observed
that during the initial part of the presentation fr. Skinner had said
he was not asking for action at' this time. Mr. Knox emphasized that
the time between the issuance ofthe draft plan and issuance of the
next plea forthcoming to December vas the pe;tiod during which the plan
was most susceptible to changes and presumably changes mould be made
by cities --bee hored that Cecil would suggest to AAAG some of the
changes included in the staff's report. Kr. Skinner had said that
ABAG had no objection whatsoever to any of the recommendations about
water quality and solid 'note management. Council could review and
adopt those recoemcandetiens and send those on. Air quality recommen-
dations could be viewed following that.
)tr. Skinner se.ded that the Santa ClaraCounty Planning Policy Committee
wan -- v= o assemble a consolidated vied of the Environmental ldanagement
Plan on behalf of cities in eta Clara County. fhsy had asked to be
notified about actions taken and cents made tonight or .ubsequently.
It was to have a bearing January 26, 1978, preparatory to issuance of a
F ?O1i.ry �etatjarsnt.
Mayor Sher said -he assumed that motions by Council adopting some
recommendations night have influence on Ale process.
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I1r. Skinner agreed, though he could not say the plan would be written to
include exact words.
Mayor Sher said he had also understood that the City's delegate, Vice
Mayor Brenner, would be voting in April on the final plan at the ABAG
general aacembly. Then Vice Mayor Brenner should be instructed by
Council on specific iaeues so she could present them at the general
assembly.
Mr. Skinner urged that enough thought be given to the matter so that
Vice Mayor Brenner would have a senaa of Council's wishes, even as
early as the February 8 general assembly. Be said that the draft plan
Council was to receive would clearly identify the policy actions.
Councilmember Fazziac said that the ABAG report lade the County Housing
Report look minuscule. He expressed the wish that citizens and groups
could have an opportunity to state their concerns before Council, after
they had h:a an opportunity to vier tho large amount of material.
Mayor Sher said he thought such a hearing voul4 be uniformly desirable,
and perhaps more effective then controversial issues had been narrowed
down.
Mr. Skinner said ABAG would be pleased to have the public hearing take
place; a series of county -wide citizen meetings had been held over the
past one and one half years, yet hearings at the City level brought the
matter closer to home.
Councilmember Fezzino asked the status of the joint nev-source study by
ABAG--bad it been incorporated into the Environmental Management Program
or vas it to be a separate report?
Mir. Wada replied that it was a overate report; a final draft was in
preparation. The plan recommended some form of new -source review, the
form usnapecified because there were a number of uneertatnries in both
projection, and also heck of confidence that some of the recommended
implementations would occur the Ivey they were seen on the drawing board.
The name -source program could work as a valve, an adjustable tool, to
make up the difference between optimum and below -optimum.
Ouncilmember Fazzino asked when industry would be forced to use best
Available Control Technology (BACT) .
Mr, Wsda said_he thought that might be a five-year period beginning in
1980. Retrofitting and the like would cost about $30 million annually,
which would be pri.eate costs. .
Counci lmseher Tazzino asked if there had boon much industry involvement
in the gMT effort to dater tea the ability , of industry to respond to
major ,coats.
Mt. iiada answered that there bad been continuous ind .tstsy participation
in . the planning effort, and industry bad not returned to AUG and said
it could not do it. The cost figure as well as the effectiveness
estimate had been developed by the say Area Air Pollution Control
District NA ) . They hed.assursd cmrtsinn techaolagiia is each
category in order to develop a cost estimate. It was also assumed how
certain things would be implemented for any given facility —it was
possible to elect to do it differently, and perhap* in a sore costly
away than bed been estimated.
Conner Fasziaaa: caked the inseam meaning of Air Quality Policy 3
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which stated: "Defer for a short period of time (tiro years or less,
auto -dependent land development pending actions to improve transit."
Mr. Wads explained that, for example, it would be recommended that a
bedroum community which did not have public transit not be built,
until public transit could be furnished.
Councilaamber Fazzino asked the effect, from AaAG's point of view, on
the moratoria of re -zoning subdivisions that were presented in the
report. San .'ore end Santa Clara County had had some concer e ebout
that.
Mr. Wac:a said t at_tho objective was to make time to develop more
effective plans for ABAG. ABAG had not estimated coats involved from
imposing moratoria, Costa mainly accrue to certain landowners but the
results became benefits to others.
Councilm*mber Fazzino said he preferred the method of raising money
through bridge tolls and the like to taxing cars, for he did not think
it wee possible to do that. Regarding water, did any mechanism exist
for Bay Area water agencies to meet during the drought crisis?
Sit. Skinner replied that there had been none. Each agency historically
had its own funding source. He thought some ad hoc meetings had been
held at the bebeet of the Department of Water Resources. An inter -tie
had resulted, diverting some San Francisco water into Marin County,
Their plan recommended that come arrangement should be made so that
as additional supplies wore required more inter -ties could be worked
out. Even during the drought some places had been harder hit than
others and so it was poaisible to work out cooperation with agencies,
though they were not used to cooperating. Agreement on the part of
the agencies was sought to participate in a plan suggest ed by ABAG.
Until work had been done an estimating resources it was not known that
separate agencies were planning titair own resource storage.
Councilmember Fazzino remarked on the word "implementation" being
operant in the report: he thought that one or tvo agencies had to
take the lead for implementation. Was it planned to view AMG in that
light? Would the federal government grant enough" money to ABAG to
implement the effort? -
Mi. Skinner answers: that acne committee of the task force had been
leg at that qusztion, as well as other alternatives such as
requesting the state and federal *overnaent to get out of environmental
meafteneetp creaatieg a regional agency end placing full responsibility
tin the federal government. It was felt that no one of tthole . altar, -
natives vas "clearly superior" to another. Implementation -was the heart
of the plan, and various agencies had said they vented to try working
cooperatively, keeping their existing responsibilities. There had been
opposition to creating a brand new regional agency, as IV/WD when State
Senator Eatox's bill to combine regional agencies oaf the `legislature had
arisen as to whether or not the Bay Area sewer service* agency should
be "put out of business." Public cou nts had also expressed opposition
to creation of a new agency.
fir, Skinner said for such a creation to take place the need would have
to be such more clearly established. Evan if a tk w agency seamed to
be required now,- state legislation would be needed to change responsi-
bilities, biiitiess, which took time. AEAG's present recoammodstion was to stay
with the present arrangement for at least tea years, and that would be
recommended to the state and the EPA. It was expected the recommendation
mould be accepted, at least on en interim basis. He thought some
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movement to c,w.,bires planning functions; particularly of the air district,
would take place.
Councilmember Fazzino asked if on ABAG's agenda might be the possibility
that development of the plan might be seen as a way for ABAG to be a
larger, s'.ngle-purpose regional agency.
Mr. Skinner said that even if ABAG did, a great many people remained tte
be persuaded. League of WOmen Voters thought that consolidation of loco'',
agencies in:o a regional agency was vital, but ABAG peoples in working
with communities and people concerned with adoption of the plan had made
it clear- that creation of a new agency was not their plan, but their
plan was to figure out what had to be done to solve the problem.
Counci1aember Fazzino asked if a number of the item:. in the plan would be
mandated to cities be a regional agency or the federal. government.
Mr. Skinner anaversd that 'many of the items in the plan would require
action regionally, or the state, or special districts. Some items, such
as street sweeping, would be carried out by cities. A section in the
forthcoming draft plan would state clearly what cities were being asked
to do, and Palo Alto would then decide what it would have to do under
the plan. When the plan was approved by the general assembly there would
be a period of about two years in ehicb commitments represented by the
plan wot_ld be worked out. In about two more yeara the state and the
EPA would begin to make judgments as to whether or not commitments were
made, were the programs started and operating effectively. If such were
not the case EPA or the state would have a base for saying the area was
in violation.
Councilrber Carey held the complexity and length of the document made
it impossible to be detailed without making the meeting too long.
MOTION: Councilmember Carey moved, seconded by Witherspoon, thee Council
approve the following recommendations regarding Solid Waste and Water
as Palo Alto's response to the first draft of ABAG's Environ,. nta1
Management Plan:
1, Carry out county solid waste nona t - plans sae part of
thi &egiooml Solid Waste Management Plan. Update coemty
end regional solid vacate plena including new programs for
material and energy recovery where feasible.
2. Accelerate the: adoption and updating Of the .requires nts
for water quality protection and issuance of operating
p 'mite for all landfill disposal sitaa;_
3. Streamline the prods of obtaining par is for solid waste
facilities and disposal sites.
4. Develop public education programs to promote public v .der-
standiui of the solid. waste problem end to involve the
public in its solutions, such as reducingthe use of
products that cannot be re -cycled. -.
5. Develop markets for re -cycle aateriala and begin program
of .. ee mtiea of reusable itssto materials at the source.
6. Enforce requirements for existing hazardous waste haadling,
transportation, and disposal practices.
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7. Conduct surveys of hazardova induatr-{ el ::antes and hospital
wastes on a county--by--county basis.
S. Encourage reduction, source separation, and recovery of
hazardous va.stes.
9. Construct facilities for processing, handling and disposal
cf wastewater solids (sludge) .
Councilmember Carey said he thought the real debate had to do with air
quality. The staff recommendation* were, however, quite consistent
with what Palo Alto had already begun to implement.
Councilmember Henderson pointed out a contradiction under Water
Management Plan which said that "the Bay Area had enough water in a
normal year and will continue to have ennugie water in normal years
through the year 2060; in fact, tho region as a whole will have more
water than it needs in those years." Councilmember Henderson theca'quoted
from the following paragraph, "The region is water —short. There is
not enough water caught in reservoirs or stored underground to supply
the region." He asked if that alight be saying that Palo Alto would
have plenty of water if it had inter -ties.
Mr. Skinner said the Bay Area had enough water to supply its needs as
long as "we keep going to the Sierras." Tte seeming contradictory
statement was true, that here, in the Bay Area, there is not enough
eater.
Councilmember iimderson said he supported the motion —his one reser-
vation was that "we have so many water agencies now." He listed them,
saying that he thought the Bay Area, with all those agencies, should
be able to manage water supply without having to create another agency.
Hn felt the sage regarding the San Prancieco Bay --Delta research program --
he theugbt the Regional duality Control Board ought to be able to handle
that situation. The state, he thought, bad more agencies for water
than for other departments.
Mayor Sher sad that there was nothing in the motion which suggested
formation of an additional agency---hs confirmed that Councilmember
Henderson was responding to the earlier discussion.
Councilmember Renderson said he mss respotdixng tree statement in the
Enviroomental Management P1aen: "The Water Supply Management Plan also
includes the establishment of ie water resource management coordinating
committee to improve interagency cooperation...." Rethought the
State Water **sources Board ought to be able - to handle water management.
Mayor Sher_said that it was a committee of the existing age tciea-:-
Mr. Skier confirmed Mayor Sher'n statement, adding that at this time
the prc ai urged baying the emoting sg:ecies mark more closely
together; it was not strictly the creation s;;f a !aver agency.'
Mayor Sir asked about the statement in the part of the plan about
solid waste, sad the attempt to reduce packaging. Wea there some
kind of approach that mould prohibit packaging, such as that kind used
in fast food operations, of Which there bad been an enormous lacrosse,
and which got thrown on the streets: Was that the kind of thing.%5*
statement about packaging was ramming to? Who, Mayor Sher asked,
might be the one to pass a la, prohibiting that kind of packaging —would
it be a bigber level of government?
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Mr. Skinner answered that for a lay to be passed cooperation of packagers
vouid be needed. Ea did not know hoer chat would be done; specifics had
not yet bean worked out. He would return to Council with more information
on that kind of matter if it was so desired.
K yor Sher asked Mr. Knox, Director of Planning and Comunity Environment,
if the staff recommendations addressed that point.
Mr. Knox replied that Mr. Pavlcski and the Public Works staff had written
the report --page 5 indicated that the plan could eventually have ctgnificant
effect by changing the amount of packaging on purchma•s, and also making
it necessary to separate materials in garbage as well ae changing some
of the materials used in making products for packaging.
Iii:-yor Sher said ha weld like more c1ssrifieetion on the matter of proposed
pe kaging restrictions --ire wanted the opportunity to support proposals
to decrease unnecessary packaging.
MOTION PASSED: The ration, that Council approve staff recommendations
re solid waste and water, Out not air quality control), from QlR:536:7,
and advise ADAC of Palo Alto's rename to the first draft of the Environ-
mental Management Plan, passed on a unanimous vote.
Councilsember Cate, raised the natter of air quality. Item 12 in the
Environmental Management Plan MO) dealt with regional perking strategy
to discourage private auto use and encourage high occupancy auto use;
park:_'ng tax, parking fees at urge shopping centers, and preferential
parking for carpools and vanpools. Item 15 dealt with implantation of
an auto -control zone in San Francisco centred business districts. He
asked if those items were not identical to federal Environmental Protection
Act (EPA) regulations propounded some three years ago --they had resulted
in "thousands of lawsuits" and bad been withdrawn by EPA.
Mr. Win said Items 12 and 15 shared some eiailsritt.a to those federal
EPA regulations; he did not think the federal government heed been es
specific as I t ems 12 and 15.
Councilmamher Carey recalled the EPA -levied parting tax, and the remarkable
fact that it card bar Cheaper to pay the fine them it wee td pay the
parks g tee. Pedsral regulations, ha asserted, bad been specific and
the overall gnal bad been identical with Item 12 and 15; literally
tho sendr of lawsuits throughout the country bad resulted and the regula-
tions had been withdrawn. Would not the same situation occur again
regionally?
Mk. l osid the federal governor s►t had revoked their regulations at
time direction of egress and not as a result of lawsuits filed.
Couacile saber Carey maid Congress ° es direction bed no doubt arisen from
requests of coastitnen^ies. 8+e slot on to speak of mow controversial
].and use ragnlatioms "In the sass of clean air." VA approved of Ole
regulations not belag phrased in mandatory lam. even if all the
land use regulatiors were resented there be only a 10 p.rcea*t
reduction in air pollution,
W. Wads said the reduetir+n would be 10 percent in vehicle sidles traveled.
CounCibueber Carey gave two of thi stated goals: to rocs the use of
time automobile, sad the ADM goal to attains 50 per act reduction in
oebauet sedulous by the year 2000. Vie tbs soai to reduce use of the
sato or to achieve claw air or for asrrgy cousstwariosf
Mt. Ueda said that the germs mere not either/or--as y benefits resulted,
though only air quality bsesftts ' assts being assessed under tbs present
cinselficatiaom.
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11%2$/77
Council -member Carey said there was poeeiW ity of difference between
motivation and the goal toward which motivation bad been aimed.
Mr. Weda said AUG'. listing was a part of their wish to give all possible
alternatives in ways to improve air quality.
1
i
i
Council:member Carey observed that a 50 percent reduction in emissions
meant a 50 percent drop in automobile use, yet the III went on to state
that it was desirable to reduce use of the automobile, which night mean
use cf the automobile would have dropped to 25 percent of former we.
He cited the federal regulations, which gave disincentives to automobile
use but which offered no other transportation. That could be the dilemma
presented again in this region. He thought demand for reduction of auto-
mobile use should be lade contingent upon alternate transportation. H2
thought them the dilemma could be resolved ',y "cleaning up" the automobile.
That was a personal, and debatable, opinion. He foresaw AUG getting
the same result as the EPA.
Mr. Wada said` y agreed that disincentive to automobile use should occur
with improved transit service, yet, to improve transit service revenues
had to be raised.
c'ouncilmember Henderson noted that it had been said
had already undergone changes; it had bean shorn of
Santa Clara Valley, and sanctions had been deleted.
changes had been prompted before the localities had
to then.
that the ABAG plan
"cap -on" growth in
He asked how those
had the plan presented
Mr. Wade said that the plan had not said "no cep -on" growth; but that it
would be beneficial to imp:ovs the job/housing balance if employment
opportunities would be encouraged in northern counties, and diacouraged
in southern counties, Santa Clare in particular. Many people were
focusing on the so-called 'northern tilt" though it was rot considered
an essential pert of the recommendation.
Mr. Skinner said that existing policies of local government as expressed
to ABA.G in projections, stowed that after 1990 land for residential
deve loo,meat would have run out in the Bay Area. The North bay counties
left the most roam, under existing policies, Sonoma and Solana Counties,
not N3pa County. Potentially, in tboos counties there mould be demand
for land, but not many jobs. That would scan a continuation of the long
commute pattern, already extent in Santa Rosa Co ty, , ezd It wt already
happening is Solana County, with people going to Vacaville and Dixonfor
cheap housing, then awaiting to Oakla sd towork. One way to cut
on that wits to stimulate industrial growth in Soca= end Sole= Counties,
if it could be assumed there were tbs tools to do that. The corridor
study forecast that continued industrial growth in Santa Clare City
would not twigs place if there were no housing Valhi' the uschiavellien
interpretation placed ass , AB&G's projection by the newspaper, it was
instead e likelihood.
!!r. Vm4a said that as a result of a great deal of adverse attention
focused on those particular policies the Bnvirosseatal. 1Weasement Task
Force bad directed AUG to re-pb' rasa the policies.
Councilmember Henderson said he was willing to tae items 12 and 15 in
the plan, for be understood mosey eltetreatives were gulag to be presented,
ouch as increased p4oltwe tae, for be felt =nothing bad to be dome.
W. dada appended that it was not within AIM'a amt sodrity to drop sanctions,
for they =re in federal law. Also, all =enrol seesare+t in the tabloid
version of the recoesassndettoms related to oaifur dioxide and >dCT for
other than bydrocar on pollutants, tease bese sat aside for the present.
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,Y
Plans for other pole itente had been deferred until there was a firmer
te:hr 3iogical hose.
Mayor Sher said the point of non-usuanitii+y had bean reached so far as
Council vas concerned, and he cited the differing point* of view of
Councilmssbers Carey and Pendereon. He affirmed that no motion seta
before Council.
Councilmember Fletcher asked if there bad iron any investigation of
detrimental effects of diesel or propene -:its fuel.
Mr. Wade said he knew of no investigation; be accepted Cotunci meiber
Fletcher's suggestion of that as a subject for inquiry.
Counciisember Fletcher explained that the scatter vas under discussion by
the Santa Clara County Transit District in relation to its bus f'.set;
the district he"..decided to use propane fuel for it had been thought a
more ecological fuel, yet the buses had net been working very well.
The issue hand not yet been resolved, and there were going to be more
buses purchased throughout the next few years. She spoke of the gas
tax, saying it vas the only tax not geared to rise with inflation for
though gasoline had doubled in price the tax did not. Necessities bad
risen in price, but the tax on gasoline, which was a luxury item, did
not ries. The construction and maintenance of highways had increased,
but the tax, vtich paid for such work, did not, which meant those costs
were being subsidized. Shot thought the gaeoline tax should be based on
the cost of the gasoline per gallon.
Mr. Wade said one problem would be that the price of gasoline would have
to be forecast, which would not be possible.
Cauncilmember F1etc,.er said it was almost a certainty the price would
rise. She added that ohs favored the parking tax, for space had been
provided at the expenee of the general citizenry, and she thought it
should be paid for by the user. That would provide another incentive to
'Joe public transit* Stanford's parking charge had been legally challenged,
but the chaiiemgar had not won, and so it wen likely that a parking tax
would be considered legal.
Vice Mayor Brenner observed that discussing loch specific program owe
too time consuming for that one evening meeting. She underlined the
necessity for close air, god details of t`4 proven could all be superseded
by the need to breathe. She thought discussion of statloosry and mobile
chemical pollutants were tangible; land use problems were intangible.
Palo Alto . lad adopted playas in ling with Pi's goals, and in time to
cone the City's work with the Comprehensive Elam should help to make
those goals sccaptable to other cities: for example, adopting land use
plods wing commute distances; emcourago retail sod office coestrnction
to . provide re sideotiel space on or near the same site; escsurmgs development
of housing in conjunction with industrial expansion; support mix of
residential in commercial and residential areas. The air quality section
of the Savironmuntal Resources chapter provides Palo Alto with the
authority to bark stringent regulations which control air quality.
MOTION; Vice Mayer Brenner moved, aecaodsd by Rendareon, thet Council
go on record as guying support to strengthening those programs •hick can
make a difference to the quality of air; end secomrageme t to the ABA
Invireememtal Task Force to go, this orieiea1 report CM) until
there is m plan nisi will protect the very vulnerable cities in the
South Say.
Connci3mamb t kyerlsv% wood+eroi it Ur. Emus bad lasitaa over tits Coop sir a
Plan with rsgaord t4 the air quality roxiatioadaticati awl land m s mens$arat
policies in comparison to the lam'. 11 so, stick were in agreement?
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Mr. Knox answered that he had compared the documents on those matters;
he had found that several things addressed at the regional level were
no, addressed in the Comprehensive Plan, and vice versa. He noted fir
quality recomaaendatiots had been divided into four parts: stationary,
mobile, transportation controls, then land use development and management.
He identified no allusions to stationary and mobile sources in the
Comprehensive Plan; on Transportation Controls, page 26 of the Comprehensive
Plan, program 11, a statement called for improving regional and sub -
regional transit; program 12 called for express lanes for buses on
freeways and ezpreaseays; program 20 called for reserving lanes for
transit if Bayshors Freeway was widnad; Programs 23-25 called for car-,
;•an•- and buspools and various pa 'ling arrargamenta. Those progreas
agreed with Policies 13, 14, 16 and 17 of the EMP. Policy 13 spoke to
providing additional transit service; 14 to increase hue- and carpool
lanes an>i ramp metering; 16 is to provide more rides such as jitneys and
vanpools; 17 was to develop more extensive bicycle systems.
Councilmember Carey had said he vas not wispily in accord with Policy 12
and regional parking studies, and 15, auto -controls on the San Francisco
business district. The Comprehensive Plan's only reference to bridge
tolls was thee if Dumbarton Bridge vats built Palo Alto would do all it
could to discourage through traffic --that might include lobbying for
increased bridge tolls.
Councilmember Eyerly asked ..b.at Mr. Knox continue with a discussion on
the matter of land use, for he planned an amendment, such as "Where
these are in agreement with our Comprehensive Plan. . . ."
Mr. Knox said the land use discussion was more difficult; there were
policies tben items under each policy in the EHP. Policy 1, "Encourage
high density development in urban areas where existing or committed
urban service capacities, including rail transit, can support higher
densities." He thought the Comprehensive Flan was in accord; Palo Alto
had indicated multi -family areas wars along El Camino and they SP railroad
track, and the question in his mind was the definition of 'high density'
for Palo Alto had lowered the density from 20-55 units per acre to 10-45.
units per acre, but multi -family zoning cram applied in those corrido;:ae
(o El Camino and Alma). Policy 1, (a) asked that appropriate locations
be rezoned to permit higher densities. Palo Alto had not done that, nor
did the Comprehensive Plan call for -it. Policy 1(b) celled for enactinit
"cluster awning'" ordinances to foster higher densities on appropriate'
cites: The City had iodicared, in definieg 'multi. -family densities'
that densities higher than 45 units per acre would be permitted ethers
greater public benefit was shown; so that Policy 1:(b) was in accord
with Palo Alto's Comprehe live Plan. Policy 2 spoke to discouragin
development of lend within urban service areas visors soil, slope or
other conditions can support only low density. Palo Alto's Coewprshsnaive
Plan had followed that in regard to' tcothilli land, tbror h adoption of
the Open Space plan. F olicy 2 (a) was to establish prag7rees , of public
hind acquisition, purchase/transfer or development r3, tsz. The Coeprebe of e
Plan spoke to..that only in relatien to housing. Policy 2 (b) spoke to
Planned Unit Development CPUD) ordinances to be enacted to foster higher
density in appropriate sitaa. That sets in accord with the Coeprebensivs
Plan. Policy 2 (c) asaid "Deny primary urban services to those low
density loceti ns through exclusion from capital improvement programs,
and/or waiting certain kinds of moratoria rslated to Prevision of
services. The Coapteheosive Plan bore no suet* reference. Policy 3
asked that development of suto-'dspendent land . be deferred pending actions
to teprove traavrit--vbieh did mot accord with to Comprehensive ?len
generally, though 'Where something specific might be mentioned. Policy
3.00 to matt temporary aerate/rite on reasoning end subdivisions bad been
dove, but not oscetearily in accor4 with Policy 3. Policy 4, to encourage .
a miltt►ir* of residential/commercial/industrial development type"! in all
3 9'4
11/211/77
communities was being encouraged in the Comprehensive Plan Polic 4'(a) to
revise zoning ordinances to allow mixtures of land uses with adequate
design was also being called for in the Comprehensive Plan. Policy 4
(b) to expand application of Planned Unit Development Zones or "floating
Zones," had not bean precisely +:spoken to in the Comprehensive -Plan--and
zoning efforts tare presently in the oppotita+ direction, of retracting
the nuoer of applications for Planned Comet+.tnity development zones.
Policy 4 (c) to expand use of Conditional Use Permits had not been
spoken to in the C mprehonsivs Plan. It was being done in the zoning
ordinance.
Policy 5, to disco•.iraaga new large-scale land development projects that
are exclusively commercial, industrial or residential, vas in accord
with the Comprehensive Plan Policy 5 (a) to deny incorpor...tion of, or
continued annexation of "single -use" large-scale land development projects,
was not applicable to Palo Alto. Policy 5 (b) to deny regional trasnssspor-
tatiun system =COPS or estausion to single --use large-scale lid development
projects, ins also not applicable to Palo Alto. Policy 6 is to restrict
extension of new development to those locations with existing or committed
sewer and water service. That bad been mentioned in the Comprehensive
Plea --areas without services would not be developed. Policy 6 (a) , to
complete LAPTO's regiouwide adoption of city and spacial district spheres
of influence, vas not in thee: Con:ioheasive Plan but there was no reason
not to support the locals LAFCO. Policy 6 (b) to adopt 'urban service
area" concept could have the oame application as Pal Alto's policy
toward LAPCO. Policy 6 (c) to carry out policy on formation and annexation
of cities and special districts consistent with (b) above was a county
policy. Policy 6 (d) to enact non -urban zoning (agricultural zoning
"Holding Zones") outside urban areas was county policy also. Policy 6,
(e) to enact temporary moratoria on rezoning and subdivision outside of
urban areas, did not apply to Palo Alto.
Mayor Sher observed that the AUGpolicies and eazbgroups seemed to fall
into three categories: conaistcnt, fnconniasrtsssnt, and not applicable. He
asked if Mr. Knox would t.tke only the major policy headings.
?tr. Know continued. Re said Policy 9 of tine !HP plan was not relevant
to Palo Alto; Policy 10, to encourage "Will" development of bypassed
vacant lend within existing urbanised areas wee a ?art of Palo - Alto's
plan. Policy cy 11, to increase bousfng auk job opportuoieies in existing
urbanised areas and encourage public and private rebuilding into compatibly
nixed land uses at higher densities, was in accord eith tba Comprehensive
Plan so far as housing oppdrtusnitios, but it called for s dscwase in
overall growth of jobs amounting to 5000 fewer jobs over the 15 - year
plasm period earls& to adopt$oa of the Cemprobeeetve Plan goals, Policy
),.2, to encourage urban development, was a regionuwido, rather than a
Palo Alto goal, as s wee the case with Policy 13. Policy 14, to tins
highway awed transit orates improvements to land devilopsent spoke to a
period beyond where Palo Alto vas at the time in its planking process.
Mr. Enos sassed up that the policies asset in accost with Palo Alto's
plans were thane policies in which be bad also read the . sub -sections.
.
ANSMUMMT: Councilsembor Zyerly moved, seconded by Pennine, that to
the nsin motion there bs added than wsarsis: "...severs these are in agreement
with our Comprehensive Plan."
CoJac aer- Zysrly explained that under " Traasssportstioo Controls"
Policies 13, 14, 16 awed 17; sorer nriavialefromatai toad use fit"
Yoliciss 1, 4, 5, 6, awed 10, 441# included as policies listed in the i ' "
which stresgthined the props= am id lssr$►rs Basra et: aoaiity.
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11/28/77
Councii,lmember Fletcher said Palo Alto's Comprehensive Plan wean open to
review annually, whereas the EMP seemed more long-range.
Mr. Skinner agreed, saying the E3' was intended to bring about achievement
of air quality standards by 1985 and than maintain them. He said AUG
would ask cities to go through policies one by one, as Council had done
in relation to air quality, and then address the conflicts with the:.:
cities' policies at that time.
Councilaember Fletcher said that she thought the Coaprehsaaive F1an
should be revised to meat with the long r -term air quality rtendards
given in the MP.
Councilmember Henderson said the main motion covered the `ntire draft
Snvirotnranental MaageeMat F 1.aa oa air quality; he said he would want very
much to support elements of Hll4 which want beyond the Comprehensive
Plan -limiting to agreement with the Comprehensive Plan would mean not
supporting improved emission controls and the like —the subject was much
broader.
Vice Mayor $reaper said she intended the notion to be geners.l rather
than specifically addressed to certain programme. She did not favor some
points in the plan, but the overall force of the program would make a
difference on the quality of the air. Sb.o cited the Comprehensive Plan
to say that Palo Alto had worked very hard to clean up the air, and to
encourage others to do likewise, for Palo Alto WAS in a vulnerable zone,
with more to grin then to lose. She would vote against the amendment
for its essence was contained in the main motion, and the mmendment
could be seen as limiting Palo Alto's support. She did not think, as an
example, that a discussion of Planned Unit Development (PUD) was mandatory;
she asw it as a suggestion. Her motion was intended to help Council get
through the general program, without taking all the programs apart that
evening.
Councilmembsr Carey found the basic motion full of ambiguities; the
amendment clarified the ambiguities. Re would vote for the amendment
and against the :cotton. The difficulty with comparing the study by
AUG with the Comprehensive Plan and communities throughout the Bay Area
was that 0208 were leading themselves and others to a great contradiction
vith which, in tip, they nomad be confronted. A primary attempt . toward
cleaning up the air had to do with intensifying land use sad reducing
use of or elimination of the automobile. obile. Council knew that the community
would not favor inteasificstiaa of land use, yet tbs man motion endorsed
some land use intensification measures proposed by AMC. Pates Alto
could not tell others to intensify their land use Ails it was . de -
intensifying its run; neither could it benefit from 10 percent reduction
of vehicular yea with a possible SO percent red1 C.tian in emissions and say
the benefit outweighed the detriment of land Intensification. Be thought
rouncll would have to face the contradiction in tagt contradiction in the
near future. Be 46ousht a decision had to be made about nvbicb instrument
controlled Pater Alto, the Comprehensive Plan or the AMC plan.
Council member gysrly urged Councilawmbens to vote for the amendment
because it save the City an opportunity to say to AAG "There are tags
you propose that ve do already support ia our Comprehensive Plan . " Be
intended, by his amendment, to limit the mein motion for there ware many
controversial policies in the AUG plat, partisal-arly in the land -use
management sanction, primarily in implementins progra ma and bite density
development. Be did oot wa nt ` to support thew without mere thought for
some of hose v re going to add policies or programs to the Comprehensive
Plan. Bo agreed vith Ad's statements on stationary and while sources --
when AUG returned with the plan Council could support them at that time.
They could also be supported at the present with another emotion.
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Mayor Shaw said that his problem with the amendment was that many policiee
in the ABAG plan were not spoken to in the Comprehensive Plan. Palo Alto's
support of those policies would be ruled out in the amendment. The ABAG
environmental management plan had developed facts showing how bed things
were and how they would worsen; Palo Alto had to encourage the task force
to try to deal with them on a regional basis. He thought it would be
better if the went read "...Oat: tbssa policies are no; inconsistent
with the Comprehensive Plen." The wording "...only if they are in agree-
ment with the c cmpsabensivs Plan," ruled out all the natters to which the
Comprehensive Plan did not speak. He would vote against the amendment in
its present fora.
Vice Mayor Brenner said she too bad tentatively re -worded the amendment
to say "...where these are not in disagreement with our Comprehensive
Plan," for that would alloy for new ideas to be proposed:
Counci1seaber Fazzito sale' he bad been persuaded by Mayor Sher's comments
and at the appropriate tiae he would move another went.
Councilember Henderson read from the EMP: "The plan would change the
overall density in the region from 2.7 dvellieg units per acre to 6.5
unite per acre in the future." He thought that Palo Alto had that kind
of density at presen':, so be did not think Palo Alto residents need be
disturbed about impending high density.
Mr. Skinner noted that 2.7 dwelling units per acre was the density at
which new development was now occurrtng. El,leting development in the
Bay Area was about seven dwelling units per acre, and EMP was talking
about bringing the new development up to the level already existing.
Councilmember Eyerly recalled the strong debate last summer over policies
in the Comprcheneive Plan. Wording such as "...when not inconsistent
with. the Comprehensive Plan," meant getting in a position of having to
redo and rep -debate the Comprehensive Plan. He was not willing to do
that. When matters "...not inconsistent with the Comprehensive Plan,"
were boiled down, the Comprehensive Plan would have to be changed. Be
would not change the wording in his amendment. When the ABAG plan was
brought backs Councibers could then debate again policies about which
they felt strongly.
AMEMDMEMT FAILED: The amemdmsat that the words "...where these are in
agreement with our Comprehensive Plan," be added to the .sin notion,
failed on the following vote:
AYES: Eyerly, Carey, Witherspoon, Clay
BOSS: Bremer, Paula's, Henderson, Sher, Pletcher
ANEEDMENT: Councilmemher Pasaeino moved, seconded by Sher, that the
wards "...when these are not in saei1iet with the Palo Alto Comprehensive
Plan," be added to the wain motion.
AMEMOMMT PASSED: The aaonomme paseed on t fol1P'3:n1 vote:
AYES: Bremer, Fesstao, Pletcher, Henderson, Sher
Covey, Clay >i ►erly, Witherspoon
h4 MORIOM A3 Ate: The main mitten, that Cemeil es en record cs
Wing support to strengthening those programs in the Jim such can sake
a ditfome* to the 9aa1lty of the air; mad give encourspeent to the - -
3n romental Teak Pores to go beyond the origin" report until there is
3!7
11/28/77
a plan that will px,;tect these very vulnerable cities in the Soutfi Bay,
wbeu these plane are not iu conflict with the Palo Alto Comprehensive
Plan, passed on the following vote':
AYES: Branner, Pazzino, Fletcher, Henderson, Sher
NOES: Carey, Clay, Eyerly, Witherspoon
MOTION: Councilmember Carey moved, seconded by Eyerly that Council
oppose item 12 and 15 with respect to transportation controls.
Councilmember Carey explained that density had to be increased; there
could be no effective public transportation with urban sprawl. The
federal government had tried to constrict transportation, and it had
been "a total disaster." Items 12 and 15 had been the items that the
federal constrictions had bean based on.
Mr. Wade added that auto control vas already in the San Francisco
general plan.
Mayor Sher asked why Councilmember Carey touched on Item 15 which
addressed San Francisco particularly.
Councilmember Carey said ha would eliminate Item 15 from his motion
temporarily,
Councilmember Clay asked that Item 11 be included in the motion before
Council --increased tolls on bridges.
Councilmember Carey agreed to include Item 11 with permission of his
second.
Mayor Sher said the motion would be separated, and Council would vote on
opposition of Item 11 and 12 separately.
Councilmember Fletcher spoke of the last statement in Item 12, "...pre-
ferential parking for carpools .and vsnpaols," saying it was one of Palo
Alto's Comprehensive Plan programs.
CouncilmemberCarey said that with his second's permission iasion he would
eliminate those words from 'taw 12,
Councilaesber Flatchat emphasized that parking fee charges had been
challenged in court by the employees of Stanford, and they bad lost.
C unci1 a ber Pazzino atreresed that though he supported alternat vs '
transit he did not think Item 12 was the beat procedure. Be agreed
with the idea of charging people to raise funds for transit. 4e did
not support Item 12, hoer. Be t1'.ought the ism abould be looked
at. in conjunctioe with the development of an alternative transit system
in the bay Area. "I simply don't believe you ought to tax people out of
their cars."
Counci1M r Fletcher asked if fused raising was the only reason for the
charges, 6x' was the charge also meant as a disincentive.
Mr. Ueda said both reasons applied t dbe particular levels of the fees,
were designed strictly for'reveq ss raising rather then as a disincentive.
1! it bad been deeigmedto get people out of their cars the fears 'would
have been set in,the-dollar range, rather than in the fifty -cent range.
Mayor Suer said be thought it vas too soon to have to -choose one way or
soother --be did not went to . say be favored fees aml parking charges,
11
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11/28/77
Lit he did want to say it was time to start e+nsidering them. There
stiould be some alternative to gas rationing and the like, but at this
time he opposed both parts of the motion.
Councilmember Clay said he had hesitation about supporting increased.
tolls because they ware just another tax and the use of the money was
not well enough defined. Such taxes never seemed to be eliminated even
though the reason given for their having been imposed appeared to have
been taken care of, More importantly he thought that increasing the
toll Wot'1d prevent use of the Dumbarton bridge, which would be , mfair
to East Palo Alto since that community vas trying to develop an industrial
park toward the end of creating a batter tax bane.
MOTION ON ITEM 11 FAILED: The motion to oppose Item 11 of the EMP failed
on the following vote:
ATES: Carey, Clay, Eyerly, Witherspoon
NOES: Brenner, Fazzino, Fletcher, Henderson, Sher
MOTION TO OPPOSE ITEM 72 PASSED: The motion to oppose Item 12 of the
EMP, except for the last statement relating to car- and vanpools, passed
on the following vote:
AYES: Carey, Clay Eyerly, Fazzino, Witherspoon
NOES: Breuer, Fletcher, Henderson, Sher
Councilmember Eyerly ®aid that he thought Item 18 (a) would give problems
if a negative vote were not taken on it that evening. It concerned
development and lend use management. Policy 3 said "Defer for short
periods of time, (two years or leas) auto-depende►:t lard development,
pending actions to improve transit."
NOTION: Councilmember E7.rly moved, seconded by Clay, that Council go
cn record as opposing Policy 3 of land use management in the IMP proposed
by AUG.
Uayor Sber pointed out that Council had not gone on record as specifically
supporting Policy 3, nor of any of the specific items, 'The motion to
strengthen thoee programs which improved the quality of air and so on
had spoken to oozy general support.
Councilmember Passim said he had intended, by his vote for the general
motion, mot to foreclose the possibility of taking up its tsetse by
issue. More discussion was definitely needed, and in the forthcoming
months he thought Council should spy time doing so.
PION PALLID: the motion that Council go on record as opposing Policy
3 of lend use menagement failed on the following vote:
AYES: Carey, Clay, Eyerly, Witherspoon
IOW: Brenner, Fletcher, Henderson, Sher
AMAIN: Passim
e.unacilmserber Carey said that he thought the massage, that there was
"goteg to be at lot of controversy" mould be clear to AIM represeatatives.
The natter was complex and Council had only briefly touched orb it.
Cousciltssob.r Eyerly said the motion had been ,$tended to point out to
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11/28/77
ABAG and Counci 1 how any policies in land ntanagerent were arguable.
Coun'.il's split vote that evening showed divided opinion in the community.
He said words such as "not be inconsistent" left too so-uch for ABAG to
interpret,
Counci?mearber dendersen sad motions had been passed by majority vote;
he thought Councilmembers were leaving their options open. They had
given ABAG the "green light" knowing that they ,could have another
opportunity to assess the plan. Their action had not been negative.
Mayor Sher wished ABAG representatives well in working toward narrowing
policiea and programa.
RECESS AND EXECUTIVE SESSION
Mayor Sher said Council would take a recess end have a brief Executive
Session.
Councilmember Clay objected to holding are Executive Session and taking a
recess "at this hour of the night." He thought it unfair to those who
had attended the meeting and were waiting to hear other agenda items. He
thought & brief recess would be best, with an Executive Session to be
held at another time.
Mayor Sher said he had intended to limit the Executive Session to the
fifteen -minute break period. If Councilmember Clay wanted to make a
motion toward that effect he would recognize it.
Councilmember Clay asked about the urgency of the Hxecutive Session.
Mayor Sher main it related to a litigation matter which the City Attorney
had asked him to present to Council. If it could not be dealt with
adequately during the fifteen -minute period another meeting for that
purpose could be scheduled later in the week.
Councilmember Clay observed Council had only completed discussion of the
second ices on the agenda and the hour was 10:20 p.m. He supposed that
when the City Attorney had ode his request be had anticipated that
Council *could be further along.
Mayor Sher pointed out that it had boon anticipated that Item 2 would
be time --conserving. He asked City Attorney Booth if the topic for the
Executive Swoon wee urgent.
lebertBooth', City Attorney, said the ii:earre did mot have to be acted upon
that evening, though "the sooner the better."
Councilmember Clay said be thought the Executive Session would not be
short.
MOTION: Couacilmember May moved, seconded by Carey, that Council
postpone the proposed Executive Session until the next regularly
scheduled meeting.
MOTION !Alit,: The motion failed oo the following vote,
ATES: Carey, Clay, Fazsino, Witherspoon
NOES: Brenner, Eyarly, Pletcher, Henderson, Sher
Mayor Sher said that if the matter could not ba terminated iv Executive
400 .
11/28/77
Session in fifteen minutes further diacusisi.en would be postponed to the
next regular session.
Council held Recess and ExecJtive Session re -litigation from 10:25 to
10:50 p.m.
Mayor Sher urged Councilmenbers to delay their lsavetaking et the end of
the meting so that the Palo Alto City Council could adopt a resolution
congratulating Los Altos on time twenty-fifth year of their incorporation.
;WogWit
T OF LEONARD ELY FOR
Mayor Star said that thio. vas the time and place set for the hearing on
the proposed amendment to the Comprehensive Plan of the City of Palo
Alto. The hearing had first been scheduled for October 17, 1977, and
continued to Nov -lobes 11, and then continued to November 21, 1977. He
asked that the record shoe that the Planning Commission held a public
hearing on the amendment on September 28, 1977, and has reported to the
City Council recommending denial of the amendment. He asked that the
record show that notice of the time and place of this hearing has been
publiehsd and given in the manner provided by law.
He declared the p:iblic hearing open, asking if anyone in the audience
wished to be heard on the matter.
Warren Thoits, 525 University Avenue, :attorney, represented the prin-
cipals, Mr. Carlson and Mr. Ely, on the subject property. The property
lay to the bear of the Cer3sen Volkswagen Agency on Embarcadero Road,
seat of Rregshore Fr wsy. The rear property line "aquaria off" the
rectangular property purtihaa.d by a former corner of the agency. Of the
two parcels the smaller was one-half acre, presently zoned service/
commercial. It adjoined the last development of the automobile agency
parcel, and would provide for expansion of the auto agency in tom.:- future
if the requested reclassification took place. The other parcel, about
one std are-haif acres, was zoned Open Space/Controlled Development; the
requested classification was for Office/Research. If that re-classifi-
cation veae made it was proposed that the property be developed in the
sass; meaner as The Harbor development ---attractively, and heavily land-
scaped. Rs and hie clients felt concern over the proposed re-classifi-
cation and believed there vas aisucederstanding and misconception about
the physical condition of the property, end its relationship vitb the
adjoining lead.
A question had beam raised concerning the fill; it had been placed on
tba property is l948 with a permit issued by the City Engineer. Crm-
pactiom had . been dame in accordance with that permit. The lend was
in its present condition when the current owners acquired it. The con -
ca=m that the hammed represented either ai latruei0a into or ae mithdrea a7.
of it portion of the baylande did sot take into account that though the
property s43oinsd the ITT property and was 'rear the bay, its physical
and ecological characteristics bore no relation to those of the bsylaends.
Therefore rem lsseiftcetion of the property threatened no pert of the
sense of tba'Cospsahsmaive Flan, for the land ass a part of the commer-
cial area.
Mr. Motto said the report by staff to the Plug Camisaion noted the
concerns be had mentioned, adding "...because parcel A is currently
paved and l e d sad a part , of the parcel of Carlson Automobile
401
ii/zVn
Agency, changing its designation f-om service/commercial to Research/
office Park would not represent a significant difference in the use of
the land." Mr. Thoits said the re-classification was much more desirable --
but that 1t should be re-classified only if it were to augment Parcel B,
for the purpose for the requested re-classification was to put the two
parcels together.
Joyce Leonard, 4107 Briarwood Way, spoke on behalf of the American
Association of University Women (AAXJW), Palo Alto Branch; she read the
following statement:
The Palo Alto Branch of the American Association of University
Women endorses the recommendation of the Planning Commission in
denying the change is the Comprehensive Land Dee Plan, Parcel B,
2500 Faber Place. We sepport the present land designation,
(controlled development), open space, and only that development
which would not diminish the open space amenities. We feel that
the Baylends are basically a recreational and open, space preserve
and all other unrelated activities should be discouraged.
Councilmember Eyerly asked NI. Leonard if ebe had actually viewed the
property herself.
Pte. Leonard said she bad looked et the pr.tparty on the sap. She had
spent much time at the Baylands; she had heard that a certain kind of
owl resided in that particular part of the B ylands, which shoved that
there was still acme wildlife on the property. She had seen the
property psrsonallyo She thought it was important not to get a prece-
dent for changing lend use designation. She had not looked at the
specific parcel recently.
Robert Moss, 4010 4r a said he bard gone over the papers before the
Planning Comaiusiou bad presented this matter to Council. He fouaad the
fact that the fill hod been done legally was unpersuasive; the fill and
compaction had been done and paid for in 1968, but some two and one-half
or three years later an Aerial photo shoved that piles of uncompacted
fill were found on Parcel B. The contractor "had gotten *way with a soil
report which was fa.se" and had been paid for not having completed his
job, for part of the job had bean dons some yeaix later. Re found no
information to refute the fact that the fill had been added illegally.
Re -zoning the parcel would be in direct contravention of the Comprehensive
Plan, he held, under Employment policies 1 and 2, on page 17. Be read
thou. If Office/Research Were the zoning to be placed en the 2.09 scree,
the owners could build on about 27,000 square feet of lend, r _a 75 per-
cent floor area ratio, a building totaling about 67,4000 square feet.
Such a building could support up to 252 workers. Es cited the mousing
difficulties attendant writh' such development. Mr. Moss suggested Council
uphold the <!l nn Gg Commission and have the present . owners remove the
fill and put the land 'neat into Amtibleed condition.
Mr. ?baits said that the loots* piles of fill bed been pot on the property
without the consent of theowner—end were no part of tbo compaction
report. The fill contained cosectete debris, ,which mould not have been
selected by the ewer in any cal*. MT. Molts said there was no othe.,
land in the Say1 ndes' *lichees filled --the property was presently being
ussd by sotorbi ors, and any awls on the property mess merely surviving.
In response to a question ma to !moo had lammed the permit, Mr. Thoits
argeorsred that Mr. Witbsck, thr7,City Engineer, bad issued the permit.
Vice Mayor 1400.104T er asked if tbs fill was is the county, and not the City.
402
11/28/77
Mr: Thoita said it tad been ssaumad the property was in the City, for the
county required ao fill permit.
Leonard Ely, 2161 Bryant, owner of 2500 Faber Piece, stressed thaet there
--,ad been a separate grading contractor when Mozart had owned the subject
property ---during that time someone had placed the undesirable illegal fill
on the site.
Mayor Sher ascertained there vsrs no further speakers end declared the
public hearing closed. He outlined the procedure to follow: if Council
wished to uphold the Planning Commission recommendation to deny the
auendseat to the Comprehensive Plan, a simple motion to that effect
would be sufficient; if Council did not wish to upheld the Planning
Commission's recommendation to deny, but vished to adopt the amendment
as certified, a motion to adopt the resoluttan to that effect would be
in order; if Council vishsd to :mead or chine the Planning Commission
recommendation or the proposed amendment those amendments or changes had
to be referred back to the Planning Commission.
Napht,eli Knox, Director of Planning mid Community Environment, noted that
the vote of the Planning Commission on the matter had been 4 to 3 not to
recommend the change; preparatory to bringing the matter before Council,.
staff had prepared -a resolution for amending the Comprehensive Plan should
Council so wish.
Mayor Sher noted that Mr. Prank Rack of the Planning Commission had
a :tended the Council meeting that evening.
Councilmaemnber deudereora eaid le understood that a permit bad been issued,
though the City could not provide a copy of it; he assumed it was written
four Parcel B. Apparently the dirt had been hauled but compacting had not
been completed until after the permit completion date of May, 1969, and
after the zoning of the property to open space. The dater Quality Control
plant in the Beylar.ds was a oeceasary public facility, but office and
commercial development had already been permitted to extend to that plant.
Policy 13 concerning Baylands bad been approved in the Comprehensive Plan
by the Planning Commission and the previous Council —that policy stated
bast in. the Embsrcnda ro Road area no further intrusion should be allowed.
One "barrier" bad been broken by permitting Northern California to build
Oo'rrected above the 50 -foot height limit; per tting re -zoning which led to further
see page building would establish another precedent
482
Caonci Iesaabsr Henderson *aid he thotgiht 'i't's - Earbor development dominated
the ' area; be was not willing to done away amp further ' opera space unless
there veer au overwhelming public need, ouch as the Mater Quality Control
plant. He urged Councilor embere to uphold the Plaguing Commission majority
vote.
SMOG: Councilmembez Menderson saved, seconded by. k nnsr, that Council
uphold the decision of - the Pleasing Commission to deny the request of
Leotard Ily for amendment of the Pala Alto Comprehensive Plan.'
Couacilmembc~ Pmuino asked Mr. Zoos to review . the bled of development
permissible under open space controlled development sone.
Ms. Inez replied that ooe .:malliag per ten acres wow permitted use. Tyre
were also certain recreational. cuss that were allowed.
Councilstember 'assign said that tha ,staff report said it would be
difficult to'reetors the sits to a natural area —boor difficult mould
ebat be?
Mr. Knox raid the dirt had to be removed to another site, and gooey.
403
11/211/77
would have to be spent to blend the area i» with the rest of the Baylands.
The adjoining ITT parcel still had sloughs, though it wad crisscrossed
with motorcycle paths. Another difficulty arose with consideration of
wen would do the restoration, for it was a privately owned piece of land.
Mr. Thoita said that the permit, of which they had a cony, indicated
slightly less than 15,000 ctibic yards of fill.
Ccuncilmember Fazzino said he did not think Council could be as inflex-
ible as Councilaembir Henderson's motion implied. He did not think the
parcel was an intrusion Lae° the Baylands--the site was nearly the same
elevation as other surrounding developed properties, about five to eight
feet higher than 1TT. He thought the key statement in the staff report
was that it would be difficult to restore the site to a natural area.
Staff had been supportive of holding to the objectives of the Comprehensive.,
Plan, yet recognizing that the 2500 Faber property presented a _unique
situation. Councilmember Fazzino held that the subject land belonged to
the commercial area. He said he would oppose the 'motion, and at the
appropriate time he would more to overturn the decision of the Planning
Commission.
Council a bar Fletcher said that a contractor was paesently working with
the City on bringing about a natural state, in line with the Baylands
Master Plan, which she thought was the overriding issue. The dirt that
had to be moved could become valuable for capping operations at the
dumpsite. She thought it "a veak argument" that because land had been
filled it could therefore be built on. To not re -zone would help the
City keep its options open, and she thought all such piano should be
deferred until the Baylands Master Plan had been completed.
Cotncilmember Clay said that he would approve Councilme er Fazzino's
motion. He had thought, from a Leading of the Planning Commission, that
the issue appeared to be the legality of the fill, and that matter had
been resolved. Re said he *,could oppose the motion on the floor.
Councilmember Witherspoon said she knew the property:and it could not be
considered an upland marsh in its present condition. To talk of restoring
the property to a natural state presupposes that the City would be willing
to buy it, foi-she knew of no way to require the owner to restore it to
dress -she thought the property was part of -the commercial area and should
be developed that way.
Vice Mayor Brenner reeled that just recently Council had rejected an
"au -built" application, and required an owner to go back to . the starting
point. The prob1cs of the fill vas only a matter of who would take it.
The application, she slid :gas backward, in that it recommended an amend-
ment to a P -C without firtt discussing the P -C. The Embarcadero address
had been given for the subject property; no parkin vaz allowed on
Bmbarcadero, rivers van less landscaping to conceal the care and signs,
the exit vas only on Faber Place. furthermore, it bad been said that it
was not in conflict with the Baylands traffic, because it would no be
open on Sunday. The area tae basically an L -M -D area, with primarily
recreation traffic. Council was talking about an amt about a piece
of lead which was landlocked, and P -C had not even been discussed.
Vice Mayor Brenner said she had seen the site, and she thought ehe
"gentle curve of a flood plain is dafinitel; beetar taatrudsd upon by this
proposal." She sugsestad Council consider. the P -C, the amount of parking
test would . have to be carved out of the parcel, Mich cf tba required.
landfcaping vas indeed on the subject parcel, andit was not just an
unused comer --if it vus umusod it was because the cars mere out on the
street.
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11/28/77
MOTION TO TABLE: Vice Mayor Brenner moved, seconded by Fletcher, that the
motion be tabled until after the Baylande M ster Plan is resolved. The
motion failed by the following vote:
AYES: Brenner, Fletcher, Hev1ereon, Sher
NOES: Carey, Clay, Eyerly, Fazzino, Withereeoon
Council member Carey asked if the matter would go back to the P iannir e
Commission if their recommended denial were reversed.
Mr. Knox said that Council's action -would .be the final action. Unless
amendments were wade'it would not refute to the Planning Coamiosion. If
Council voted in favor of amending the Comprehensive Plan, as requested by
the applicant, adoption of the resolution would be the final action.
Changing the zoning would be a separate act, for though the applicant
said he wanted to combine the parcels and have a development like The
Harbor he did not have to follav through.vitb.that, nor did he have to
change the P -C development plan for the facility. If he
vented to change the parcels he would have to go through a parcel line
change and a change in the ?-C plan. Those changes would be subsequent
actions.
Councilsmber Carey asked if the► resolution did not change. the land use
map in the Comprehensive Plan, to another designated use.
Mt. Knox replied that it did, but only a portion of it. "As a practical
matter the applicant would not necessarily have to come back with a cheuge
in the P -C Plan."
Mayor Sher arcked if, when an amendment to the Comprehensive Plan were
approved, sad the applicant planned to build s research/office building
there, it would be necessary to go through a proceae tochangethe P»C on
Parcel A.
%r . Knox eaid that if the applicant wanted to build he would have to take
two zoning actions, one to change tha.P-C plan for the Porsche/Audi
fore lity to eliminate the back portion called Pa►r;el A, and to take it
out of the P -C plan. Another action would be required to coeTgine Parcels
A and B as a single parcel, and a subsequent action would be needed to
ask for ce-sowing, based on the Comprehensive Plan revision, be could
then go ahead and build.
Coumcilm mber Care* remarked that in addition the. applicent was in a "D"
suffix area.
Wt. Knox *aid the applicant was in an arse in ,tch "D" *affix had been
applied, but et the time of ' the zoning application the "D" would have to
be added. in other words, if he applied for "L-" the Plamniue Coesiaaton
would have to say- "L -41-D . "
Councilor mbar Carey acid the effect of the existing Pte_ and the effect of
About 21 pupaking spaces might sets to be a problem it perhaps was not;
for in order to re -parcel, the property owner had,to go through a number
of proced xec involving the separation cf the P -C land, that is, joining
tbs two parcels, all subject to approval either administratively or
through public he ring---thore pros would result in the loss of 21
spaces. There had been lose of various ors of square feet heretofore
through the design process. That want that lend in that area was under -
built. That vas case of a number of "safety valves" available to the City
with respect to problem attendant ups granting a P --C. Be sold be vas
bothered by statements Ouch as "ve ought to troop our opus off," and ea
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11/2$/77
on, for the landowner had some righta, and he could not imagine the City
saying it was going to take the landowner's fill.
Councilmember Carey observed that the property had .bean .zoned Open Space/
Controlled Development. He stressed "development." The motorcycle park
bad been one of the uses to which the land had beer put. The City was
discussing property not similar to other Gayland property, and changing
it from one kind of development to another: he thought it made sense.
Vice Mayor Brenner added that the "administrative procedure" Councilmember
Carey had spoken of mould not apply to P -C.
Councilrember Carey agreed, saying he had meant lot splits or re -subdivision
of lots. That would be the only ray part of the P -C area could be taken and
put with another lot.
Vice Vayor Brenner reminded Council that an amendment to the P -C would be
required, which in turn required a public bearing by the Council and the
Commission. The land was useless as long as it was .landlocked. She simply
held that part of the landscaping requirement of the property happened to
be in the back portion, which meant that more than a simple cutting off of
the corner would be needed. She was bothered by Councilmember Carey's
assumption that all of the procedures he bad listed, were tht desired
method. The P -C had been a difficult matter all along, and it could not
be assumed that there would be no controversy, especially when "ie slipped
through ... the back door."
Mayor Stier noted that Mr. Knox had pointed .out that the utter came before
Council without a staff recommen'4ation. Mr. Thaite' statutes had relied
heavily on the staff analysis of the Planning Commission, which had, he
thought, been designed to weigh the prey aad cons; Mr. Thoits had stopped
after the pxos. Mayor Sher read the cons, which had several argumensts
against re-classification of Parcel G: 1) the Comprehensive Plan had only
recently been adopted with only one amendment so far; 2) 1.54 acres of
Beylacde would be lost to development; 3) re-clarsification to a more
intensive land use .might be sanctioning an illegal filling of land.
Mayor Sher said he was influenced by the cone, and the Jords of Mr.
Lerpeater given in the minutes of the Planning Commission discussion:
"Tie are now going to re -define the opt space area to pack fill on this
1.54 acre parcel and make it a commercial space. While 1 way be comfort-
able with that individual action 1 mm very uncomfortable with that ...with
responding to additional proposals because people will say, 'there's been
other open apace in the City that you've elected from time to time to
convert fro open epees to commsrcial±sation.' We will be poorly prepared
to defend ourselves against those argues -oft if we. take the action rich
r r opoeed here." h yor Sher said he was led to oppose.
Vice - Mayor Brenner talked about approval being tantamount to amending the
P -C --there had beep talk about P -C sow recently, nand dbs and Council -
member i(`yerly had put oe, the agenda am item to ask fors staff report
about entorc.em nt of coesditi as in P -C awes. There should
be *owe confirmation that P -C requirements were being net before guy
change* la the P -C sons eers node. - That included the consideration of
the frontage on Embarcadoro end other matters in addition to the 21
parking spaces.
NOTION BAILED: The motion, that Council uphold tbs action cf the Planning
Commission to deny the amendment to the Comprebenstve Plan failed o4the
following vote:
ATE&: Bremner, Fletcher, Henderson, Sher
NOBS: Corey, Clay, Eyerly, raisin, Withevspoon
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1112$177
Councilor tuber Vazzino emphasized that it fir. Carpenter's statement he
had said ha was comfortable with the particular 2500 Taber Place action.
MOTION: Councilmamber Fazziuo moved, seconded by Witherspoon, that the
Comprsbansivs Plan be amended with Council's adoption of the following
resolution:
RESOLUTION 5483 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING THE LAND USE MAP OP THE
PALO ALTO COMPREHENSIVE PLAN TO MACE THE LAND USE
DESIGNATION OF CERTAI!I PROPERTY LOCATED AT 2500 FABER
PLACE FROM SERVICE COMMERCIAL AND OPEN SPACE
DEVELOPMENT TO RESEARCH/OFFICE PARE."
Mayor Shur asked that tha resolution be projected fres a transparency
onto the chamber wall.
Mr. Enos read that portion of the draft resolution that had been changed:
"Whereas the City Council advertised the public hearing on the adoption
of said amendment for October 17, 1977, notice of the time and place of
which was published and given in the manner provided by las, and continued
the natter to November 21 and then to November 28, 1977." He explained
that the statement clarified the date and action taksa to date by Council.
Councilmember Fazzino said he would tncorporate Mr. Inox's statement in
his motion.
POTION PASSED: Tha motion, that the Comprehousive Plan be amended with
Counnil's adoption of resolution number 5483, passed on the following
vote
A' ES: Carey, Clay, Zyerly, Fazziro, Witherspoon
NOES: Braun r, Fletcher, Henderson, Sher
Mr. Thoits, attorney, commented that he had said "...while the staff
report raises...." and than gave staff arguments against re—classifl eaf-
ticn. He had not meant to *isletd amebas of the Council, as Mayor Sher'a
comments suggested.
MOTION: Mayor Sher monad, secoeded by Cley, that Item 7be moved up on
the epode a for consideration before Itas 4. The motion passed on a
i ns vote.
NOtION: May►ot Sher introduced the ,,'olianing r ..3. tton, - and, secooded
by person, moved its adoption by Conseil:
1 LU'TI+ON 3484 entitled "EESOLUT'IOB OP T1d COUNCIL OF
TSB CITT 07 PALO ALTO HONORING T8E CZYT OF Lont ALTOS
UPON THE LION 01 THE " '1'T!'IFtN ANNIVERSAMI OP
ITS INCORPORATION."
The se,tioa passed on * unanimous vote.
407
11/18/77
QEOUEST OF COUNCILMEMBER FiiZZIUO RE,
TB.PM LIMITATION FOR COUNCILA ERS
OR COUNCIL -APPOINTED COMMISSION
Continued from 11/21 77)
Councilmember Feezino said he could raise a number of Josses but he
preferred that the matter be discussed by the Policy and Proced:ires
Committee.
MOTION: Counellmember Fazziao moeci, seconded by Henderson, that the
Policy and Procedures Ccomittee consider the issue of limited terms for
Councilmembers and/or Council -appointed commissions at their convenience
within the next calendar year.
Councilmember Carey said Council had discussed the issue at length about
a year ago. He was averse to going iatc.it again since there 'as.nothing
new to be added. If more than one Councilmember wanted to raise ,e
matter another year hence he would bow to the will of the majority at that
time.
MOTION TO TABLE: Councilmember Carey moved, seconded by Fletcher, that
Council table the discussion of term limitation for Councilmembers and/or
Council -appointed commission and Board members.
MOTION PASSED: The motion to table passed on the following vote:
AYES: Brenner, Carey, Clay, Fletcher, Sher, Witherspoon
NOES: Eyerly, Fazzipo, Henderson
R�? LAST' OP COUNCTL� FLEZCRER RE
aRid A,CT I
Mayor Sher turned the chair over to Vice Mayor Brenner saying he owned e
.few stocks of Scuthern Pacific Railway, and the matter concerned whether
or not the company vuu.Ld show a profit or loss. Therefore, he would not
participate.
Vice Mayor Brenner took the chair.
Councilmember Fletcher said she did not intend to discuss that aspect of a
tax break for Southern Pacific (SP). She said that she had spoken before
the Santa Clare County Board of Supervisors, as they sat as the Transit
Board, that morning, following up on Council's recommendation of last
week that this County purchase SP tickets in bulk, to be resold to county
residents at a discount. Councilmember Pletcher said the proposal had
been passed, and at the recommended 30 percent discount rate. She said
that the pressure to help SP bad been somewhat relieved, for Palo Alto bad
shwa its support to o the Public Utilities Commission (!DC), and to the
Inter -City Council ' (ICC) , in their push to continue passenger service.
The press now was toward improving the service so thar would attract
IMO passengers.
Covacilsmbor Fletcher said she would like to see . taxes which Palo Alto
collected from SP placed into s separate assume exclusively intended for
capital improvement of passenger facilities in Palo Alto in tbs folk
myna: .) to mks trains and *tattoos more accessible to the handicapped;
2) to improve bike/pedmetrian underpass at California Avenue, which uses
now inadequate for the pee to which it vas put; 3) improvements to the
station itself;4) to place bulletin boards with marpa of Palo Alto, along
with bus maps and bus schedules.
MOTION: Councilmember Plstcher ►saved that property takes collected from
SP be placed in a special fund to be used exclusively for improvements
to SP passenger facilities within Pain Alto.
The motion died for lack of a second.
RINFAIALLSPIEgIOANILIKKAILTAg
�ARF.A&
Councilrember Eyerly said ha thought Councilsembers agreed that sidewalk
cleanliness could be improved. He intended to move that staff provide
Council with information needed, by which decisions could be made on hop
to bring about improvement. Re vented information on current ordinances
and City obligations. Hs vented suggestions fasa_ataatf as well, on means
to improve the •ituation, including information about the purchase of a
sidewalk scrubber -ceder the City 6apital Improvements. -Re meted the
feasibility of the assumption of responsibility by the City so far as
cost vas . concerned, rather than trying to . attain a certain level of
cleanliness from property users. Alsohe vented to have the use of A3103,
a bill allowing the City to enact a charge against tenants for service.
Re wanted to lam about a genera/ .charge against _the entire commercial
area of various parte of the CUT, _ along.with some . idea of initiating
an assessment district for cleaning expenses as opposed -to using the
provisions of AB1O3.
MOTION: Council.member Eyerly moved, seconded .by Carey, that staff be
directed to report on commercial area sidewalk cles..Vliness, giving
current oruiuencees and City obligatiens, if any; to count on current
levels of cleanliness and make suggestions on near to improve the
situation, including possible purchase of_assidewliek acrebber under
City Capital Improvements; to explore feasibility/ of the City assuming
responsibility, rather than trying to. attain a certain level of cleen-
line.ss from tenants; to explore es* of A3103 to . enact a chergee against
tenants for service (the charge to be studied as a general charge against
the entire area, and also directly against the iiadividugl tenant) ; and to
examine initiation of an asse ,anent district -for cleaning expenses.
Councilam$ar Witherspoon asked if the report WWI to ge'to_CommIttee or
he brought to couectl..
Councilmembsr Eyerly said be thought it bast far -staff te furnish the
information and brii,g it to Council mho weuld than determine where it
should be rererread. Den Paerloeki was -working - at that.. tiara with Downtown
Palo Alto, Incorporated, concerning other problem within -which sidewalk
cleen1 aaee fitted; those other prebleme were cleanliness of perking lute,
mmiutenemce of shrubbery, and the like.
Coesrlimeeber Has Berson asked mho paid Zpr maintenance ofthe kIne spot
of in the motion is other cities.
Councilmember Iyerly said be thought the = stt f s,rt Wight . siva some of
twist information.
CounCilmseber Ressisroon remembered Doeest.v - Palo . Aise►, . In orporatesd
eaYisla that if the City paid for noes besoatt:iestioes devoto n, tbsy
would see that tbs sidewalks sad the . liks were kept . in . good order. .
George dipel, City Derr f gated that . tie gotten . did. wet - tes>aka implicit
some work with Downtown Palo . Alto, IngorP atsd., - es emplorinithe
respreeibilitise sad methods of bringiag sidewalk cleanliness about,
404
11121/77
CourailmeMbev Eyarly said ha Thought szaf f fiaadings . abaut1d .be applicable
to the several commercial areas Caroughout town; staff would, ideally,
work with organisaUi'ia.in twit..separate areas as well.
MOTION PASSED: The motion, that staff report on commercial area sidewalk
cloanliness from the standpoint of . respencib:i` 1*7, . coat, equ anent , and a
possible establishment of an aseessmsnt.district,.passtd.ou a unanimous
vote.
CITY OP SAN JOSE - 200TH ANNIVERSARY
Mayor Sher announced that San Jose vas also.having an anniversary, their
200th. 1114 thought it likely that Council .mould . pars an appropriate
resolution at its next regular meeting.
ORAL COMMUNICATIONS
None.
ADJOURNMENT IR HONOR OF
FOUR MAYOR LORENZ COSH
Mayor Sher said it had bean suggested . that aid jouxnient . of the meeting
that evening take place LA honor of former _Palo Alto Mayor Lorenz Costello.
Councilrember Eyerly said Lorene f oatello h d _been graduated . from Stanford
Ur!versity in 1924. Re had been Mayor of.Palc Alto in 1938-39.
MOTION: Couacilmember.Eyerly moved, **aoudad by.Pazsino,.that Council
adjourn in merry of Lorenz Costello, .dec eased MLayor. of Palo Alto. The
emotion pressed on a unanimous vote.
Council adjourned at 12:03 a.m.
ATTEST:
City Clerk
APPROVE:
a
4 1.0
iiiair'