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CITY
COUNCIL
MINUTES -
CITY
or -
PALO
i1LTO
Regular Meeting
October 7, 1974
ITEM
Adjourned Meeting of September :30, 1974
Report from Chief Zurcher of the Police Department Activities
Firearms Training and Use of John Fletcher Byxbee Park Site
Request of Councilman Norton and Mayor Sher for Support of Santa
Clara County Legal Aid Sjciety`s Efforts to Obtain. Funding of the
Community Legal Services Program
PAGE
375
375
376
378
Request of Councilman 6erwai.d re Off Roae Vehicles 379
Oral Communications 3130
Regular Meeting of October 7, 1974 381
Minutes of September 18, 1974 381
Public Hearing: 1974-75 Weed Abatement Program Implementation 381
Resolution Expressing Appreciation to Gary Fazzino 355
Renaming of Ailey 13 -Paulsen Lane 386
Northern California Power Agency Geoti.ermal Steam Supply 386
4241 Wilkie Way - Change of District of Property from R-1 to PC 389
(Multi -Family Housing) Application of John N. Pappas
Coffee House/Youth Center Lease Approval.
Planning Commission Recommends re Yacht Harbor EIR, Master Plan,
and Revised Lease Agreement; and Architectural Review Board
Recommends re Yact Harbor EIR, Three Phase Improvement Plan, and
Ultimate Master Plan
390
390
Special Meeting 410
374
10/7/74
October 7, 1974
The City Council of the City of Palo Alto met on this date at 7:30 p.m.
in an ad joureed meeting of September 30, 1974, eiith Mayor Sher presiding.
Present: Beahrs, Berwald, Clay (arrived 7:50 p.m.)
Comstock, Henderson, Pearson, Rosenbaum,
Sher
Absent: Norton
Mayor Sher welcomed the students from Ms. Wolfsohn's Government Class
at Palo Alto High School and also Stanford students from the Public
Affairs Journalism Class
Re ort from Chief Zurcher of the
2PoI tce arm De Activities CMP:J3b:4)
Chief Zurcher stated that at the meeting of July 22, 1974, Council
referred to the City Manager a request to receive from the Police
Chief a written report. with oral comments on the causes, nature,
and extent of crime in the city. In reepcnse to that motion, staff
prepared a report on Police Department activities; and Councekmembers
had the report before them. This first report deals with a gefieral
overview of serious crime in Palo Alto and throughout the nation,
and specifically, with the crime of residential burglary, citing
the rate as well as measurer used to help the community make itsel '
less vulnerable to criminal attack.
Councilman Comstock said there was a statistic on page four of the
report which should be given the widest possible distribution to
the community. He was referring to than fact that during the first
six months of 1974, the number of residential burglaries was one
out of every thirty-seven homes, while the houaes that had received
security inspections by police officers had a ratio of one out of
every two hundred and tweety-six. This kind of dramatic change might
eventually give some encouragement to insurance companies who provide
coearage in Palo Alto to recognize this fact when developing rates -
for the City of Palo Alto. Councilman Comstock thought this was
a remarkable comment on the kind of job that particular unit had
done.
Couucilmaa Beahrs complimented Chief Zurcher on that result, and
he wondered if the Chief might make some comments for the radio audience.
Chief Zurcher recalled that last year Council authorized in the budget
the Crime Prevention Unit and staffed it with two persons. Since
that tune, the unit has been oue in the community speaking with as
many groups of residents as possible, giving information as to how
to cake themselves less vulnerable to criminal attack. While the
figures gathered so far were very encouraging, Chief Zurcher felt
there stillwas some way to go; and he would not like Council to
hold him to that same statistic when the next report would be made.
Cotncilwoman Pearson felt that in view of the constant controversy
ae to whether lighting should be increased in various neighborhoods
as a means of crime prevention, it was important to note that tl:+t
3 7 5
10/7/74
graph on page two of the report indicated that the majority of burglaries
occurred between 8:00 a.m. and 6:00 p.m. These of course, are the hours
when it is most difficule to determine what is unusual activity in
an area.
Councilman Berwald said he was impressed with the report, and he
appreciated it very much. Certainly the report indicated that security
inspections had a great effect on crime, and he would like to see
actians taken to advise the public of this fact. Councilman Berwald
thought it would be useful to know what various areas of the city
are experiencing crimes! and he wanted some comments on the results
of the arrests that were being made. Specifically, he wanted to
know if the courts were cooperating; and whether or not the city
was getting results when persons were apprehended.
Police Chief Zurcher responded that is August of 1974, there was a total
of fifty-six residential burglaries. It was found that in any given
month, the highest frequency of burglaries occurred in the area east
of Alma Street and south of the Oregon Expressway. Chief Zurcher
reported that out of 336 arrests made for burglary in Palo Alto,
137 were juveniles; and the rest were adults. He thought that on
every adult arrest, the District Attorney issued a complaint; and
there was some subsequent prosecution. In his opinion, the District
Attorney and the courts were cooperating well.
Mayor Sher thanked Chief Zurcher for his report, and said he knew
that Council would find this kind of written report beneficial from
time to time.
Firearms Trainin: and Use of
4etc ey_xx ee ar Sw to (C L : 11 :4)
Police Chief Zurcher reported that on May 20, 1974, staff asked for
Council approval for several developments in city parks; one of which
was the police pistol range In Byxhee Park.. Council discussion centered
on whether or not the pistol range was an appropriate use of park
lands, and it asked that the matter be continued. Some Council members
asked for information regarding alternative sites and cost figures
for moving the range from its present location. Before Council was
a report dealing with the need for firearms training, the history
and development of the present range, alternate sites; and some coat
figures. The conclusion wee that the present range was adequate
tor current needs, that aesthetic considerations could be overt sage,
that there was no significant environmental impact, and that alternatives
were inadequate and costiy. Chief Zurcher asked Council to approve
the ordinance adopting a plea for the improvement of the police pistol
range at Byxbee Park.
Councilman Comstock asked what the height of the dirt embankment
was.
Chief Zurcner responded that it was not more than about twenty feet.
Councilman Comstock askeA if Chief Zurcher knew what the building
heights were.
Chief Zurcher replied that one building was about fifteen feet in
height. There was a tower that was about forty feet high. The two
purposes of the tower were to provide a spot from which the range
activities could be observed and from which it could be determined
that the area around the range was safe and clear.
3 `e 6
10/7/74
Councilman Comstock suggested that by the time the ordinance was
before Council for second reading, a few additions be made to the
plan. He thought the drawing should indicate the barrier height
and the building heights. Further, a note should be on the plan
indicating that it was in accordance with the Palo Alto Baylands
Master Plan.
Councilwoman Pearson said she was the one who objected to the location
of the pistol range in the Baylands the last time it was discesse_d.
She recalled that when the John Fletcher Byxbee Recreation Area was
put on the list as one of the parks covered by the ordinance, there
was no listing of the pistol range. It seemed to her that to come
in after the pistol range had been built in the park that belongs
to the peoples and ask Council to approve the ordinance is after
the fact. Councilwoman Pearson did not like that, and she felt the
proper order would have been to ask for permission to have a pistol
range and then, if it were approved, have the ordinance passed.
She noted there was land near the Los Altos Sewage Treatment Plant
no longer in use because of the Tri-City Water Control Project; and
there were other cities that would be interested in a regional range
that would serve Mountain View Los Altos, Menlo Park, Stanford,
and Atherton. That idea was mere € enable to Councilwoman Pearson,
She said that a report indicating that the pistol range had no environ-
mental impact was something that she did not believe. There was
a very definite effect cn the baylands, and Cauncilwozan Pearson
was opposed to it.
MOTION: Councilwcmar. Pearson moved :hat st:3f; be directed to discuss
with the other cities named in the report whether or not they would
be willing to jointly finance a pistol range to be located in the
Los Altos Sewage Treatment Area.
The motion died for lack of a second.
MOTION: Councilman Beahrs introduced the following ordinance and
moved, seconded by Clay, its approval for first reading:
ORDINANCE OF THE COUNCIL CF THE CITY OF
PALO ALTO APPROVING AND ADOPTING A PLAN
FOR THE IMPROVEMENT OF THE POLICE PISTOL
RANGE IN BYXBEE PARK AND C i'I ' OWNTD
BAYLANDS
Vice Mayor Henderson stated he was not happy about having a pistol
range in Byxbee Park, but he was lose happy, cost -wise, with the
alternatives. Also, the alternatives seemed to offer more emphasis
on pistol shooting. He said he would in no way support statements
such as the one that suggested recreational use of the range; therefore,
the size of the present facility was the maximum that he would want
to see for the activity.
Councilman Berwald indicated support for the motion on the floor.
Councilwoman Pearson stated this if this should pass, the matter
should be referred to the Planninj; Commission since a major change
was being made in a park. This would give those an opportunity to
decide if the General Plan were being conformed with.
MOTION: Councilwoman Pearson moved, seconded by Henderson, that
the ordinance be referred to the Planning Commission.
3 7 7
10/7/74
The motion failed on the following vote:
AYES: Henderson, Pearson
NOES: Beahrs, Berwald, Clay, Comstock,
Rosenbaum, Sher
The ordinance was approved for first reading on the following vote:
AYES: Beahrs, Berwald, Clay, Comstock,
Henderson, Rosenbaum, Sher
NOES: Pearson
MOTION: Councilwoman Parson moved, seconded by Comstock, that staff
be directed to discuss with cities named in the report the possibility
of developing another pistol range in the Los Altos Sewage Treatment
Area or any other ares that seems advisable.
The motion passed on the following vote:
AYES: Clay, Comstock, Henderson,
Pearson, Sher
NOES: Beahrs, Berwald, Rosenbaum
Request of Councilman Norton and Mawr Sher
Support of Santa Clara Count Le al Girl
:i�i� _Arts to Obtain Fun insx o:r t e
Mayor Sher said he and Councilman Norton wanted this eubiect introduced
to support the effort of the Santa Clara County Legal Aid Society
to gain funding for the Community Legal Services Program carried
on in the county. He contemplated sending letters to support the
Legal Aid Society's efforts to obtain interim financing out of discretionary
funds available from the regional office of the Office of Economic
Opportunity; and secondly, sending letters to representatives at
the state and national levels supporting the grant request that the
Legal Aid Society will be making to the new Legal Services Corporation.
Mayor Sher had spoken to Attorney Leslie C. Nichols who gave him
some figures that show the need for the Legal Services Aid in Santa
Clara County, Santa Clara County, with a population of 1.4 million
people, has been receiving for the past few years $30,OOO.O0 from
the OEO program. San Mateo County, with one half million people,
has been receiving $317,000.00; San Francisco, with a population
of three-quarters of a million people, has been receiving $1,200,000.00;
and Alameda County, with a population of about one million two hundred
thousand, has been receiving $1,200,000.00. Santa Clara has been
struggling along, and it has received some interim. funding. Perhaps
the letters to the regional office will continue that funding and
perhaps cause an increase. Mr. Nichols stated that eighteens to twenty-
five indigent clients per week are serviced in the Palo Alto Branch
Office of the Legal Aid Society. Further, Mr. Nichols said that
when there are cutbacks, they are made in the north and south ends
of the county; and the tendency is to consolidate the services in
the middle.
MOTION: Mayor Sher moved, seconded by Berwald, that the Mayor be
authorized to write a letter to the regional offices of the Office
of Economic Opportunity requesting that discretionary funds in the
maximum amount available be given to the Community Legal Services
in Santa Clare County.
3 7 8
10/7/74
Councilman Beahrs recalled that this type of service in earlier years
had developed a rather unsavory reputation, and he asked who controlled
the policies affecting the services.
Mayor Sher explained this was not a new program, and he thought there
was a board of lawyers for the County Legal Aid Society. The Palo
Alto office is located on facilities provided rent-free by the Palo
Alto Area Bar Association, and it is clear that the Association supports
the activity.
Councilman Beahrs said he would be in favor of the motion if the
Bar Association, with its Code of Ethics, does influence policy;
otherwise, he would have -reservations about it.
Councilman Comstock stated that he was not aware that any of the
actions of the County Legal Aid Society had ever been described as
being unsavory. He though: perhaps Councilman Beahrs might be referring
to another federally funded operation that had become more controversial,
and that was the California Legal Aid Program. That had a great
deal of publicity because it tended to engage in class action law
suits; whereas, the Legal Aid Society was a group dedicated to dealing
with the legal needs of individuals in an indigent situation. As
Ear as Councilman Comstock knew, the Legal Aid Society had operated
in a commendable way; and he thought the figuies mentioned by Mayor
Sher were astounding. The issue was one of undeefunding, and he
urged support of the motion.
Councilman Beahrs agreed that Councilman Comstock was c•rrect, aid
he had been referring to the federal service which had been involved
in scandals involving misappropriation of funds and various other
factors that were not in accord with his standards. He also agreed
that the County Legal Aid Society, on the: whole, had done an excellent
job. Since federal funding was involved, he wanted to be sure the
matter did not involve politicians.
The motion passed on a unanimous vote.
MOTION: Mayer Sher moved, seconded by Henderson, that the Mayor
correspond with Congressman McCloskey, Senators Tunaey and Cranston,
and President Ford supporting the Santa Clara County Legal Aid Society
grant request for funding by the new legal services corporation.
The motion passed on a unanimous vote.
ke asst of �Counci an illesee4eleeleetaeleaeLemCeje:
e c es
Councilman Berwald said that at a recent Council meeting, a discussion
arose on off road vehicles. He suggested at that tie that legislation
be encouraged, whether state or federal, that would eliminate intrusion
on open space by such vehicles. Jeeps and motorcycles were doing
so much damage to open space that something needed to be done to
keep then under control. Councilman Berwald pointed out that not
only did these vehicles cause erosion, but they created serious duet
and noise problems.
MOTION: Councilman Berwald moved, seconded by Comstock, that his
memorandum dated September 25, 1974, be referred to staff with three
specific directions: 1) determine whether current local s.nd county
ordinances are adequate; 2) research at the state and federal level
to determine whether additional legislation is needed; and 3) come
back to Council with s report recommending ways in which it should
encourage any additional legislation ou this matter.
3 7 9
10/7/74
Councilman Clay said that young people were riding mini -bikes on
public streets in Palo Alto, which is illegal; yet, there were no
places provided for the riding of such vehicles.
AMENDMENT: Councilman Clay moved, seconded by Berwald, to amend the
motion by adding that staff investigate places in Palo Alto where
mini --bikes could be ridden.
Vice Mayor Henderson pointed out that this subject had been gone
through at great length a few years ago. The one area available
for such activity was the baylands, and that idea had been rejected
by Council. He felt Council would be improperly encouraging those
who support this by bringing it up again this soon, and he would
not support the use of the vehicles in any manner. They desecrate
the terrain wherever they are, they disturb other people, and they
waste scarce resources. Vice Mayor Henderson said he would vote
against the amendment and support the main motion.
Councilman Comstock said he agreed with Vice Mayor Henderson, and
he would vote against the amendment.
Councilman Berwald noted in his letter that he continued to_suph:ort
reservation of certain arer,s, well supervised, and far away from
human habitation so that the noise problem is not offensive, for
the use of people who find the pastire of riding these vehicles a
relaxing diversion from daily life. Having well regulated courses
for motorized vehicles would provide an opportunity for the users
to learn safe methods of operation, and Councilman Berwald felt it
was a form of very healthy release. There was nothing criminal,
immoral, or unethical about a young person wanting to ride a motorcycle
or a mini -bike. He said ht would support Councilman Clay's amendment.
Co.nciiwos.an Pearson said there was nothing criminal about riding
such vehicles, but there certainly had been a large protest when
the possibility of permitting such activity in the baylands was discussed.
She did not feel it was a good idea to encourage people to expect
something to come from Council that she did not thank would be supported.
The amendment failed on the following vote:'
AYES: Berwald, Clay
NOES: Beahra, Comstock, Henderson,
Pearson, Rosenbaum, Sher
The referral motion passed on a unanimous vote.
t}L Cos unications
1. J.M. Willits, 2185 W'avei'ley Street, protested the television
cameras and lights that were in the Council Chambers at the
meting of September 30. He requested that Council not permit
that kind of disturbing intrusion at future meetings.
See pg. 5 3 2
III
Mayor Sher responded that in the future, steps would be taken
to .insure that media reporting would be done consistent with
opinion as to how the meeting should be conducted.
Mr. Sipel did not feel during that meeting that Council was
particularly concerned ,bout the presence of the cameraman.
If the situation eroee again, Mr. Sipel would bring up the
subject so that members of Council and audience could state
any concerns thel might have.
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10/7/74
Leslie Farmer, 464 Witlon Avenue, a member of the media,
agreed with the comments made by Mr. Willits.
2. Shirley High, 703 Addison Street, wanted to have a six foot
fence built; and she asked when there would be some action on
zoning changes.
Mrs Sipel responded that action would be taken on the proposed
zoning changes in October or November.
M j our~ume t
The adjourned meeting of September 30, 1974, adjourned at d:12 p.m.,
October 7, 1974.
Regular -Meeting of October 7, 1974
The City Council of the City of Palo Alto met on this date et 8:32 p,m.
in a regular meeting with Mayor Sher presiding.
Present: Beahrs, Berwald, Clay, Comstock,
Henderson, Pearson, Rosenbaum,
Sher
Absent: Norton
.Minutes of September 18, 1974
Vice Mayor Henderson referred to page t87 and requested that a correction be
made after "Following Executive Session" it that he had read the statement
with regard to the Southern Pacific rate increase, rather than Mayor Sher.
With regard to the appointment of a new mem'rer to the PACDAB Board, the
word "also" should be deleted.
MOTION: Councilman Comstock moved, aeccnded by Pearson, that the
minutes as revised be approved.
The motion passed on a unanimous vote.
P lic Hearin 1974-75 Need
ementstion (C1 R:472:4)
Mayor Sher stated thst this was the tie and place set for a public
hearing on Resolution No. 4995 Declaring Weeds to be a Nuisance.
He asked that the record show that notice of this hearing has been
given by the Director of Inspectional Services in the time, manner
and form provided in Chapter 8.08 of the Palo Alto Municipal Code.
Since no written protests had been received, and no one wished to
be heard on the natter, the hearing vas declared closed.
MOTION: Councilman Berwald introduced the following resolution and
moved, seconded by R aenbaum, its adoption:
RESOLUTION W). 5007 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
0RDEHIKC WEED NUISANCE ABATED"
331
10/7/74
Councilwoman Pearson said she had problems with the way that weeds
are abated. It should be noted that some of the weeds are destroyed
by discing and hand abatement, but chemical spraying is used in some
instances. There is a Community Pest Control Committee, and Council
received at places tonight a memo from them stating they preferred
that manual or mechanical control be used instead of spraying. Council-
woman Pearson assumed that 2--4-D (Paraquat) was a new chemical being
used by the city, and she objected to it. She stated that she would
again vote for the weeds.
Councilman Beahrs said he would vote against the weeds; but with
the indicated costs, he wanted to know if the city might be able
to handle the problem with its own resources.
Bernard E. Pawloski, Director of Public Works, noted that of the
total program, about one-third of it consisted of weed abatement
on city properties. The remainder is done on private property, and
there is an assessment placed against the property. If the city
were to attempt to do the program rather than contract for it, :additional
personnel would be required. Mr. Pawloski felt that the program
could be done more economically by contract.
Councilman; Berwald said his motion was to approve the resolution,
and the way the abatement would take place would be discussed under
the wording of the contract.
The resolution was adopted on the following vote:
AYES: Beahrs, Berwald, Clay, Comstock,
Henderson, Rosenbaum, Sher
NOES: Pearson
Councilman Berwald thought there might be quite a bit to what Councilwoman
Pearson said with regard to chemical spraying. He wanted to know
just exactly what were considered weeds.
Mr. Pawloski responded that the resolution refers to weeds as those
growing things of a weedy and downy nature; also, a weed is any plant
grooving where it is not wanted.
Councilman Berwald asked how weed abatement was handled in an open
field far from any habitation.
Mr. Pawloski replied that weeds were not indiscriminately abated
all over the city. In the foothills, there is minor weed abatement
consistent with fire hazards; that is, weeds are gotten rid of in
order to establish firebreaks, with attention paid to any erosion
that may result. Most of that weed abatement is done by discing.
Councilman Berwald Asked if most of the weeds could be eliminated
by cutting by hand or machine, rather than using the discing method
that causea dust, erosion, etc. If not, could it be done by a combination
of cutting and, where necessary, discing, with no chemical spraying.
Mr. Pawloski said that another method that staff had been experimenting
with was flail mowing, and that had some successes. He explained
that the weed abatement program involved three separate treatments
beginning in January. If there are a lot of heavy rains, one of
the treatments might have to be eliminated. When the weeds get too
high because of a lot of rain, flail wring is not very effective.
It leaves all the residue behind, and that creates another problem.
The residue blows around, and there is a fire hazard.
382
10/7/74
Councilman Berwald asked if raking could be done in that situation.
Mr. Fawloski responded that this could be done; but in large acreages,
that gets to be a considerable problem. He added that chemical abatement
is used primarily in areas where other methods cannot be used; for
instance, sometimes discing cannot be done because a parcel is too
small.
Councilman Berwald thought it would be well to take another look
at this matter to determine what acreage could be cut and raked,
and what would have to be dinced. His idea was to use no chemical
spraying at all, and he assumed this would mean a new request for
bids.
Mr. Fawloski responded that there are 211 contracts involved on 226
parcels of land; and property owners had been notified about this
present hearing. This gives the owner the option of doing the work
or having the city do it. The aim was to get under way in January,
and he thought it was late to re -advertise and re -contact property
owners.
Councilman Comstock understood that staff had identified the properties
where weeds would have to be abated, and now the problem was one
of how to do it. Staff had also identified some properties which
had been advertised as appropriate for discing and hand abatement,
and others where it would be permissible to use chemical spraying.
Councilman Comstock asked if most of the properties being sprayed
were private.
Mr. Pawloski explained there were about 128 acres total of private
property being abated, and one -fifth of that would be done by spraying.
There were 84 acres total of city property being abated, and two-
thirds of that would be done by spraying, The reason for the greater
percentage of spraying on city property is that those properties
involve parking strips, traffic islands, substations, alley perimeters,
,and other small areas that are difficult to handle.
Councilman Comstock asked if it would be physically feasible to abate
the weeds on city property by hand, and without the use of chemicals,
recognizing that it might be more expensive.
Mr. Pawloski responded affirmatively.
Councilman Comstock w;s not prepared to vote for chemical spraying,
and he thought the interests of the community were better served
by using other methods of weed abatement even if those methods cost
more money. He also felt the weeds on private properties could be
taken care of by some method other than the chemical one. Councilman
Comstock cogitated approving the contracts for discing and hand abatement
and directixtg, staff to re -advertise for bids as necessary to use
a hand abatement process on the remaining properties. That could
then be brought back to Council independently.
Mr. Pawloski commented that staff has been working with the Community
Peat Control Committee. Staff recognized the need to reduce biocide
use, And it was actively seeking effective alternatives to solve
the continuing incidents of pests, disease infestation, and unwanted
plant growth. }3e stated that 2.4-11 and Paraquat were not used in
the city's weed abatement program. The chemicals that were being
used had been discussed with the Casmrraity Peat Control Committee,
and they are low tonicity sprays.
Mayor Sher asked what Mr. Simms, the low bidder, proposed to use.
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10/7/74
Mr. Pawloski responded that the specifications require that staff
approve the chemicals used, the application rates, and the means
of application.
Mayor Sher asked if it would be Mr. Pawloski's intention to specify
the same sorts of chemicals that the city would use in its own program
and that had been approved by the Community Pest Control Committee.
Mr. Pawloski responded affirmatively.
Councilaaza Comstock had made a suggestion as to a method of proceeding;
and he asked if Council decided to proceed in that manner, would
it be all right to have Council approve the first bid this evening
and let the other parcels go back for re -bid.
Mr, Sipel felt it was probably too late to do what Council was suggesting
for this year in that it would create some real problems in dealing
with the property owners. They nom have an understanding of what
the costs are; and if this procedure were followed, the cost would
be considerably more, Ho pointed out that there would be additional
costs for doing the city property in the proposed manner, and he
thought Council should know what that cost might be. Mr. Sipel said
it would take some time before staff would be able to develop that
information. Staff understood the direction Council wanted to take,
but Mr. Sipel would appreciate: it if the changes could be trade next
year.
Councilman Beahrs stated support of the staff'a recommendation.
Mr. Pawloski observed that the chemicals were of low toxicity; and
generally when you have to use chemicals, you are involved in a rather
restricted area that probably requires dealing with fire hazard4.
Fire hazards were a greater concern than any Councilman Beahrs had
over the chemicals involved in this discussion since fire could kill.
Councilwoman Pearson commented that on the contrary, chemicals also kill.
It has been proved that chemicals used in weed spraying are accumulative,
and human beings could be diseased or killed by their uae. She noted
that every year she brings up this subject; and every year, staff
asks to be permitted to use chemicals one more time. At this point,
Councilwoman Pearson thought the contracts could be given out for
discing or hand abatement; and then bids could be sought for the
hand abatement of the other parcels.
MOTION: Councilman Berwald moved, seconded by Comstock, that Council
accept the C. J. Simms Company bid for discing and hand abatement
in the ;amount of $16,441.00.
The motion passed on a unanimous vote.
MOTION: Councilman Berwald moved, seconded by Pearson, that .he
C. .1. Simms Company bid for spraying in the amount of $18,077.90
be rejected, and that the city advertise for a bid for the discing
and hand abatement of the remaining approximate eighty acres.
Mayor Sher asked if it were possible that the Simms Company could
respond to the desires of the Council without having to respond to
a request forbids.
/ .., f� -
Mr. Pawloski said that it would be necessary to ask for competitive
bids. He emphasized that an effective program combines both kinds
of abatement; for sxaaple, some parcels would be disced, but spraying
needed to be done nest fences where the equipment cannot get in.
384
10/7174
Councilman Clay asked for the total amount of land that would need
disciug and spraying.
Mr. Pawloski replied that on private property, there is a total of
about 120 acres of which about 19 or 20 acres would receive spraying.
On the city property, there is a total of 84 acres of which 56 acres
would receive spraying.
Councilman Clay was trying to arrive at a relative cost between discing
and chemical spraying.
Mr. Pawloski said that there are some economies depending on the
size of the property, but there was not a straight lice relationship.
It is cheaper to disc a larger property than a smaller one.
Councilman Clay asked if it would be cheaper to disc than to spray
a large property.
Mr. Pawloski responded affirmatively.
Councilman Comstock sensed some unhappiness on the part of Mr. Sipel
and Mr. Pawloski, perhaps rightly so. He realized that what was
being contemplated was an abrupt change in signals. Councilman Comstock
said his comments were not meant in any way to minimize what has
been outstanding work on the part of Mr. Sipel and Mr. Pawloski in
attempting to deal with this problem, and the action being discussed
was not intended to slight the work they had done. }!e felt that
staff had shown a great deal of ongoing sensitivity to these issues.
If the issue had been raised sooner, the matter would have been simpler
for staff; however, he knew they would do their best with whatever
position Council decided to take.
Vice Mayor Henderson wanted to be assured that there would be no
legal complications if Council separated the bid and did not seek
new bids on the entire job.
Mr. Sipel replied that there would be n', problem in that respect.
Mayor Sher did not think it made sense to accept part of the bid
and reject the other. He was going to vote against the motion, but
he did not wish that to be .interpreted as a vote for pesticides.
Mayor Sher felt that staff understood that next year Council would
like to have the whole program looked at in terms of abatement without
pesticides; but for this year, he thought Council should approve
the bids which staff had presented.
The motion passed on the following vote:
AYES: Berwald, Comstock, Mendereon,
Pearson, Rosenbaum
NOES: Beahre, Clay, Sher
solution Ex ressiag A re.istion
LpGrYFi xin
Councilman Berwald knew that each member of Council felt the same
sense of appre:iction to Mr. Fazzino, as did staff and members of
the public, for bringing a very valuable public information service
to the people of Palo Alto in the broadcasting of Council meetings
over YM Station USU.
385
10/7/74
MOTION: Councilman Berwald introduced the following resolution and
moved, seconded by Comstock, its adoption:
RESOLUTION NO. 5008 entitled "RESOLUTION OF
THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING
APPRECIATION TO GARY FAZE/NO FOR O)TSTANDING
PUBLIC SERVICE"
1
1
SEE PG. 532
Vice Mayor Henderson commented that one part of the program that
!on Mr. Fazzino a lot of accolades was his analysis and wrap-up at
the end of each Council meeting. Many persons had remarked to Vice
Mayor Henderson that they thought it was fantastic that Mr. Fazzino
got into the understanding of the issues so completely.
Theresolution was adopted on a unanimous vote.
Mayor Sher presented a copy of the resolution to Mr. Fazzino and
thanked him for the fine job he had done for the city.
Mt. Fazzino thanked everyone very mach, and he included Mrs, Sylvia Semen
and Dr. William Clark in his expression of appreciation for the coopera-
tion he had received from the beginning of the broadcasting almost
three years ago. There never was any difficulty getting information
from staff or Council members, and he considered this one of the
reasons for the broadcasts being such a success, he recalled that
last January when the station was not able to broadcast the Fire
Zone 1 meeting, an astonishing number of calls were received from
the public during chat evening; and that was a good indication of
cotzunity interest. Mr. Fazzino was sure that Mike Windes and KZSU
would continue a sense of commitment to the community for many years
to come.
K��nami Qf i ple3--Paulsen Lane
Vice Payor. Henderson reported that six suggested names for Alley 13
were discussed by the Finance and Public Works Ccmaa.ittee, and this
is the alley that was approved for beautification by the Council.
The Committee agreed that Jasper William Paulsen was especially worthy
of recognition for his sixty-eight years of community activity in
Palo Alto.
MOTION: Vice Mayor Henderson introduced the following ordinance
and waved, aeconded by Comstock, that it be approved for first reading:
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO REAMING LAME 13 E, COMMONLY
KNOWN AS ALLEY 13, AS PA.U'r..S +T LANE
The motion pessed on a unanimous vote.
Northern California Power enc
(02:554:4)
Vice Mayor Henderson reported that the Committee engaged in a lengthy
discussion with staff members; Mr. Norman Ingraham, Executive Director
of the Northern California Power Agency; Councilman Rosenbaum, the
city's representative to the NCPA; and Mayor Sher, who was the representa-
tive last year, There was no question of the financial advantages
3 8 6
10/7/74
the city if the proposed drilling is successful, and Palo Alto is
able to participate with the other NCPA cities in generating electricity
by using geothermal steam. Vice Mayor Henderson said the odds for
success have been stated as being 90X or better, not only in obtaining
steam, but in attaining a high production yield. The site for the
drilling is surrounded by successful wells. Palo Alto's share of
the drilling costs would be $462,200.00. This amount, plus interest,
would be repaid to the city, assuming success, upon issuance of bonds
to construct the facility. The funds would come from the unappropriated
balance in the Capital improvements Fund, Vice Mayor Henderson pointed
out that Palo Alto is in the unique position of having a contract
with the Bureau of Reclamation for their power, which should provide
all of Palo Alto's power needs through 1980 or 1981; however, at
that time, supplemental power will be needed. The Committee agreed
with the staff that if Palo Alto pays 23.11% of the funding for the
drilling, it should receive from the beginning of production. 23.11%
of the energy generated by the NCPA facility. Palo Alto should be
able to sell any excess power beyond its own needs to other NCPA
cities.
MOTION: Vice Mayor Henderson coved, seconded by Comstock, the recommen-
dation of the Finance and Public Works Committee re Northern California
Power Agency Steam Drilling Project that Council approve the expenditure
of $462,200.00 for the purpose of participating in the development
and production of g,Lotherrral steam as a member or Northern California
Poser Agency, subject to the following conditions:
a) that Palo Alto receive a 23.11 per cent
allocation of the capacity and the asso-
ciated energy of the ge7thctrmal generation
proposed for NCPA Project No. 1;
b) that Palo Alto be reiobuxsed with interest
by NCPA from a"iailahle bond funds, the
amount advanced by the City for the geo-
thermal steam drilling project;
c) that Palo Alto may sell from its share
capacity and associated energy in excess
of the City's needs during the interval
from initial operation of NCPA Project
No, 1 to full utilization of Palo Alto's
allocation at a unit coat reasonably
greater than the established unit cost,
MOTION: Vice Mayor Henderson introduced the following ordinance
and moved, seconded by Comstock, its adoption:
ORDINANCE NO, 2920 entitled "ORDINANCE OF
THE cm OF PALO ALTO AMENDING THE BUDGET
FOR THE FISCAL YEAR 1.974-75 TO APPROPRIATE
$462,200 TO PARTICIPATE WITIl OTHER AGENCIES
IN THE ESTABLISHMENT OF A GEOTHERMAL STEAM
DRILLING FUND"
Councilman Rosenbaum said everyone t ecrgnized that this whole project
was somewhat conjectural because the interest of the oil company
that controls the land was not known. He wondered if Mr. Ingraham
might have some recent information as to what the current understanding
of their interest might be.
Norman Ingraham, 2165 Denise Drive, Santa Clara, representing NCPA,
responded that there had been a meeting with Burmah Oil a week ago.
At that meeting, NCPA had received a proatse for a tentative answer
to their request by October 20; and the outlook was optimistic.
387
10/7/74
Mayor Sher thought it would be well for the minutes to show that
other NCPA cities will probably want Palo Alto's share of excess
energy; and the understanding was that Palo Alto's share would be
available during the early years to those cities or to others at
a price that would represent a reasonable amount above the unit cost.
Councilman Clay asked what was intended with regard to working under,
with, or modifying the agreement that Palo Alto now has with Pacific
Gas and Electric.
Mr. Sipel responded that the city did not really have an agreement
now for the purchase of power from P G L E. The only arrangement
that Palo Alto had with them relates to their wheeling of the power
received from the Bureau of Reclamation; and under the proposed agreement,
they would continue to wheel.
Mayor Sher asked if there were not a backup arrangment.
J. J. Bosza, Chief Electrical Engineer, said there was a supplementary
supply contract with the Pacific Gas and Electric Company now; but
this would not bear any effect until the city's power requirements
exceed that which is provided by the Bureau, That is not expected
to happen until about 1980 or 1981. Even at that, fir. Bosza explained
that the contract does provide for being able to cancel the present
contract that the city has with P G & E to accept power from NCPA;
and the contract can be renegotiated.
Councilman Clay asked the term of the contract.
Mr. Bosza replied that the tern was ten years, and then the contract was
subject to renegotiation every year ehereafte°r.
Councilman Clay asked if the 1981 dace ware based on a population
threshold.
Mr. Bows said the date was based on the city's electric load growth,
and there was a certain limit that the Central Valley Project had
to it. It is expected that limit will be reached in the year 1980;
and whatever Palo Alto's requirements would be at that time will
be the amount they would continue to provide through the year 2004.
Councilman Beahrs stated that considering the magnitude of the expenditure,
it was important to add that there is not too much risk in this project.
The land area involved has been quite well proven; and in the opinion
of most geological experts and others, the wells should prove productive.
Councilman Berwald stated that he was employed by an energy producing
company which had been developing geothermal energy in the state
and elsewhere. At this point, ht vas unaware of any participation
of his employer in this site; and the City Attorney advised there
was no conflict of interest problem. Therefore, he would participate
and vote on this matter. At this stage, Councilman Berwald was willing,
to support the proposal 100%; but he did have a few questions. He
referred to page three of the minutes of the September 24, 1974 meeting
of the ?iae.nce and Public Works Committee, and asked Mr, Ingraham
if the 7,4 mills/kilowatt hour was for the steam at the site.
Mr. Ingraham replied that the 7.4 mills was steam at the turbine
inlet valve.
Councilman berwal.d asked if he were correct that if P G & E delivered
that to Palo Alto, the coat would be 14.1 mills.
Mr. Ingraham responded affirmatively.
388
10/7/74
Councilman Berwald asked what the cost would be in 1977,
Mr. Ingraham replied that the steam cost of 7.4 was a 1977 cost.
Seep;. 532
1 See pg.5_i2
Councilman Berwald observed this represented a very interesting partnership
between a private developer of the rights and a public agency making
sure that both those in the public sector and the private sector
would have a very realistic idea of what they were getting into with
regard to the cost of taking the risk of developing the steam. He
thought the prospect was an exciting one.
Councilman Beahrs, in defense of tha major utility; thought it was
important to note that the differentials were not attributable to
difficulties is operating efficiency; but largely reflected the ability
of Palo Alto and other municipalities to secure funds on a tax exempt
basis as compared to the public utility. Councilman Beahrs stated
that he was very unhappy that the property was sold by the federal
government to a private interest. In his opinion, it ahould have
been held; and Palo Alto should have licensed itself on government
property.
The motion passes on a unanimous vote.
The ordinance was adopted on a unanimous v:te,
�,' lkie Way_- Chance of
1? st , ProMert4 ='-
to PC ��iulti-Pam11v housin
.A lication of John N. ?a as
Mr. Sipel stated that Council had a request to withdraw this item,
and this would be the first order of business.
MOTION: Councilwoman Pearson moved, seconded by Comstock, that Council
accept the withdrawal of the applicant.
Charles Birgensmith, 4221 Wilkie Way, said that Mr. Halstead had
presented still another plan.; and he wanted to know if this property
would definitely remain R-1.
Mr, Booth stated that the applicant is entitled to come back any
time with new plans that would have to go to the Planning Commission
for public hearing.
Rutherford Smith, 350 Duluth Circle, etated opposition to a change
from R-1 to PC of the zoning of property at 4241 Wilkie Way.
The motion passed on a unanimous vote.
itaksaijs.ave Item 13 Forward en the
A,nd$ Coffee House Youth Center ,ease Approval
MOTION: Vice Mayor Henderson moved, seconded by Co tock, that Item
13 dealing with the base approval for the Coffee House/Youth Center
be brought forward on the agenda for consideration at this time.
The motion passed on a unanimous vote.
1
389
10/7/74
Coffee House/Youth Center
Lease Approval CHR: 552: 4
MOTION: Vice Mayor Henderson moved, seconded by Pearson, that Council
approve the lease agreement as of this date between William J. Norton
and Laura S. Norton and the City of Palo Alto, and find that there
is no environmental impact.
Viee Mayor Henderson thanked William and Laura Norton for their support
of this activity and for their willingness to rake changes at their
own expense. This action was so opposite to recent actions of another
property owner related to city programs, andhe appreciated very
much what the Nortons had done.
The motion passed on the following vote:
AYES: Berwald, Clay, Comstock, Sher,
Henderson, Pearson, Rosenbaum
NOES: Beahrs
.Request that Item 7 on the Agenda
(ARB Recommends ran ?acht Harbor)
be Brought Forward to be Considered
with Item 6 (Planning Com.:i!ssion
Recomxends re Yacht Harbor)
MOTION Mayor Sher moved, seconded by Pearson, thap Item 7, the
Id&B recommendation regarding the Yacht Harbor, be brought forwar
on the agarda to be considered with Item 6, the Planning Cotwission
recommendation regarding the yacht harbor.
The motion lased on a unanimous vote.
Planning Commission Recommends re Yacht
Harbor EIR, Master Plan, and Revised Lease
re`.i nt and .`architectural Review Board
Recon -ends re Yacht Harbor EIR, Three Phase
Improvement Plan and Ultimate Master Plan (CMR:549:4)
Anne Steinberg, Vice Chairwoman of the Planning Commission, stated
the Commission was hampered somewhat in arriving at decisions because
there are studies pending which could have a major effect on future
uses of the Yacht Harbor. One such study is the Environmental Impact
Report on the refuse disposal area, and another is the Army Corps
of Engineers study on the ecological impact of dredging on plant
and animal lite. Ms. Steinberg said that the Planning Commission
recommendations before Council were wade on the premise that in
January, 1973, Council made a policy decision to keep the Yacht Harbor
open with the subsequent implications of one future dredging, the
Use of dry spoils to raise the level of road and parking lots, and
the addition of 86 new berths. The Commission could make no recommendations
beyond those presented because, in addition to the problem of the
disposal of dredging spoils, it was felt the complete luster Plan as
presented was contrary to the goals and policies of the Open Space
element of the Comprehensive Plan, and the proposed development was
completely out of scale with the city's plans for the baylands.
Sigrid Rupp, Member of the Architectural Review Board, quoted from
the letter sent to Council, from, Philip W. Vogt, Chairman of the ARB:
"Tare overriding concern of the ARB is that the Yacht Harbor Master
390
10/7/74
Plan itself, as presented in the draft EIR, is inadequate in terms
of the land use, the site planning, and the design of structures
and improvements. The supplemental information to be added to the •
draft EIR should clarify and define the four following aspects of
the Master. Plan: 1) That a procedure be established to bring cohesiveness
to the totaldevelopment by providing for a designer to draw up a revised
Master Plan which would include all proposed improvements for all
phases of the project, 2) That a precise implementation schedule
be established for carrying out the phases of development., 3) That
the extent of dredging necessary to keep the harbor open to accommodate
the various numbers of boat berths be further clarified, 4) That
the estimated increases in traffic which would result from implementation
of the ultimate Master Plan be restudied and that the environmental
impacts of traffic increases be re-evaluated. The ARB made the following
recommendations with respect to the Three Phase Improvement Plan:
Phase f -.The Board recommends that Phase I of the project which
conaists of excavating dry spoils from Yacht Club Point and using
them to raise the roadway and create parking lots not be approved
at this time. Instead, the Board suggests an alternative Phase I
which void consist of two parts. (A) Revise the County's Phase
I to permit removal of 50,000 cubic yards of dry spoils from Yacht
Club Point. Twenty thousand cubic yards of -this material would be
stockpiled in the north park 'g lot for future use in the immediate
area. Thirty thousand cubic yards would be taken to either the Palo
Alto refuse area or the Mountain View dump. (B) The city would authorize
that a consultant be retained to develop a new master plan for the
entire baylands area and a specific development plan for the area
in the harbor known as the County's Phase I improvement area. Phase
II - Approval of the County's Phase II, mai.ntenanee dredging, subject
only to those conditions suggested by the Planning Commission on
September 19, 1974, Phase III - Defer approval of Phase III until
the master plan is completed, reviewed and approved." Ms. Rupp added
that the Board felt that the deferral of Phase III would not necessarily
hold up the project at this time.
Helene Wheeler, 362 Diablo Court, spoke for the League of Women Voters
of Palo Alto. She said the League was pleased with the changes recommended
by the Planning Commis3ion and accepted by the county. They share
the concerns of the Architectural Review Board regarding acceptance
of the Environmental Impact Report and the implementation of the
three phase Improvement plan, especially =Item 3 of the ARB ` s recommenda-
tion on the EIR. It is the League's position that the long range
need for dredging be clarified and that the alternatives for disposal
of apoila and their economic and environmental impacts be thoroughly
investigated. Ms. Wheeler stated that the League believed this problem
must be solved if there is to be a Yacht Harbor in Palo Alto.
Joyce Leonard, 4107 Briarwood Way, spoke on behalf of the American
Association of University Women. The Association wanted to commend
the city for setting aside several acres as a natural wetland preserve.
It was their hope that the total baylands would be considered first
and foremost as potential marsh area with the attendant, unique life
sustaining qualities and that all other considerations and/or improvements
would be considered secondary. Ms. Leonard stated that the AMJW
felt strongly that it would be necessary for the city to be very
specific as to any plans the county may implement, seal that any dredging
spoils be disposed of in a manner which is environmentally acceptable,
and that no marsh areas be used. The members of AAU'W had some reservations
over the wisdom of continued dredging in the South Bay. They thought
it might be wise to permit one more limited dtedging and postpone
a decision on other large-scale improvements until more definitive
information had been obtained. Finally, the citizens of Palo Alto
have a right to expect that the special, natural qualities of the
Palo Alto iaylands remain unchanged.
3 9 1
10/7/74
Eleanor M. Huggins, 1176 Emerson Street, speaking for the Environmental
Volunteers Program, said that since the founding of the program in
1972, 10,000 school children had been taken to the marsh for field
trips. Ms. Huggins asked Council to remember the fart that the baylands
were used intensively as an educational area, as well as a recreational
one, when they considered enlargement of the lecht Harbor, more parking
spaces, etc.
Mary 8a11eey, 1246 Emerson Street, who has done much volunteer work
in the environmental area, and especially at the baylands, stated
that she was an Environmental Education Consultant in the Alum Rock
School District in the East San Joass area. Because of this, she
had become acquainted with some of the problems that minority children
face in trying to find recreational sites. At the present time,
youngsters must own, or have access to a sailboat before they could
take lessons at the Palo Alto Yacht Harbor. Mra. Haliesy recommended
that county money be used to purchase a small fleet of El Toros to
be rented out to the public for a nominal fee, County money could
be used to purchase some aluminum canoes available for rental, and
money could be made available for the teaching of sailing and canoeing.
Mre. Hallesy stressed the value of the baylands for educational purposes
and pointed out that use of the harbor for small wind or hand powered
boats was in keeping with the nature of the facility.
Florence Sund, 160 Kingsley Street, stated that she and her husband
were two of the more than 800,000 non -boaters who enjoy the baylands.
She expressed how much it meant to her to watch the birds in the
area, to see the elementary school children scrambling around the
lagoon, and to see the tiny children enjoying the duck pond. Mrs.
Sund said that in a BCDC pewit application for dredging in 1968,
the county protised to build trails, walks, and to provide benches
fot spectators; none of this has been provided. See pointed out that
since the county took over the lease in 1963, it had spent over one-
half million dollars, mostly for the benefit of the boaters. It
concerned Mrs. Sund that the proposed plan for the harbor called
for the construction of additional bertha, parking, harbormaster's
office, aarine supplies: shop, dry boat aatorage, etc. The plan would
add only a minimal amount of facilities that would attract non --boaters;
and Mrs. Sund felt that the elderly and the very young would appreciate
improvements that would be of importance to those who were uoneboatere.
Florence Lalivtsre, 453 Tennessee Lane, spoke an behalf of the Boterd
of Dire torn of the Santa Clara Vtlley Audubon Society, The Society
was concerned about: 1) failure of the county to fulfill its obligation&;
vender its 1968 BCDC permit, 2) the building of a dike road down the
center of the harbor, 3) no evidence of regional planning for harbors
in the South Bay, and 4) no long range planning for spoil disposal.
Mra. LaR vitre stated there were numerous inadequacies in the EIR.
A dredging project EIR without detailed naps of the exact area to
be dredged and precise disposal sites would appear defective. Also,
the figures on usage were absurd in that it is asserted that 850,000
people use she harbor yearly, which works out to about four cents
per parson per year, Actually, the money is spent for water use;
and the project should be cost accounted on the basis of water users.
Further, there are unwarranted assumptions that more launching ramps
ars required. According to county figures:, usage at the launching
ramp have fallen from 1900 launchings per year to 950 per year in
the last six years. Mra. LaRivisre pointed out that spoil disposal
from dredging has ruined marshes at the harbor in the past, and it
vas a continuing threat. The wetlands at one time stretched as far
as Middlefield Road, and the Audubon Society felt that the time had
come to stop sharing the marshlands. The Society supported the Architec-
tural Review Sosrd in its recommendation t4 oppose ifs -considered i
irreversible plans for the baylands; anti they especially were opposed
to adding 86 berths at the harbor et this time.
392
10/7/74
Walter Stromquiat, 3418 Thomas Drive, speaking for the Palo Alto
Yacht Club, said all of the previous speakers spoke to issues about
which the members of the Yacht Club were also very concerned, He
noted that Mrs. Steinberg's comments were not contrary to the position
of the Yacht Club except in minor points, and the ARB action was
also consistent with their point of view. Mr. Stromquist agreed
with the ARB that a consultant should be hired to study the baylands
and the Yacht Harbor, and he believed that the county plan exceeded
the amcunt of fill that should be placed in the area. .'4r. Stromrzuist
urged that Council make a decision at this meeting so that the work
could go forward. The earth from Yacht Club Point should be removed,
and the dredging should be allowed to proceed as quickly as possible.
Also, the consultant should be haired in terms that would be acceptable
to both the county and the city.
Jessie Voati, 500 West Middlefield Road, Mountain View, spoke on
behalf of the Loa Prieta Chapter of the Sierra Club. 4s. Vosti-
stated the Sierra Club's view that expansion of the harbor should
not occur until the long-term spoils deposition problem is resolved.
The Club also felt that the Environmental Impact Report on the current.
50,000 cubic yard dredging was deficient in that precise dredging
lines were rriusing, and there was a total lack of physical dimensions,
The Sierra Club supports the recommendations of the ARB in regard
to the Master Plan adoption, but they felt it was vague as outlined
in the FAR. The Club agreed that a planning consultant be hired,
and it was their recommendation that the harbor and attendant facilities
retain a rural character; and they were against a coffeehouse in
the bayiands, Instead of an elevated roadway, alternatives should
be studied such as th use of dirtfill rather than dredging spoils,
the construction of a seawall rather than an elevated roadway, and
bringing to grade the low spot in front of the Sea Scout Base. Ms.
Vosti reported that the Club felt that as an alternative to stockpiling
soize of the spoils in the North Parking Lot, they could be trucked
over to Shoreline Park for use in their landfill operation. s .
Vosti requested that the EIR not be certified until all of the deficiencies
were rectified.
Lucy Evans, 1440 California Avenue, stated that there were a number
of discrepancies between recommendations made by staff, the ARB,
and the Planning Commission; and not everything stated by those bodies
agreed with what she understood Council policy to be with regard
to the baylands and the Yacht Harbor. Ms, Evans quoted from a number
of staff reports and from minutes of the Architectural. Review Board
and the Planning Commission, especially mentioning the elevated road.
She aeked the following questions; 1) Were the ARB and the Planning
Commission bound by a Council policy? If so, why did the Council
refer the matter to thee? 2) Wes not the referral by the Council
July 1, 197'4, for an honest appraisal of the project by the ARB and
the Pimping Commission? 3) Can the city commit the refuse area for
epoila until the EIR has been reviewed? 4) Should any short term
actin be taken at this time? Only one known spoils site - Yacht
Club Point - is available, Mss. Evans stated that she supported the
ARB rejection of Phase I in its recommendation of the use of spoils
to elevate the road, She also supported the ARii=a recommendation
that until a loaag-term solution to the siltation and dredging problem
is found, there should be no now berths, Further, she supported
the ARB Phase 111 to deter all approval of Phase III until the Master
Plan recommended in the ARB's revised Phase I is completed, reviewed,
and approved. Ma. Evans wanted to know if the Planning Commission's
decision and recommendation were influenced by policy.
3 9 3
10/7!74
Jon Dolkas, 2121 Bellview Drive, stated that he was a member of the
Baylands 4-H Club; and that club had been maintaining the duck pond
for five years. Mr. Dolkas fed the ducks once a week for the past
four years. Of 1500 clubs in the State of California, six were selected
as regional winners in Community Pride; and the Baylands 4-H Club
was one of those winners. Mr. Dolkas said his (^.lub was very concerned
about the future of the baylands, especially after reading page IV -21
of the EIR which states: "The tmnediate proposed project and ultimate
development will occasion a more active urban use of the area. Its
provincial charms and unsophisticated character as an urban refuge
will change, The area will be more contrived in form and shape as
it becomes more fully utilized. Fewer areas will be left to the
course and elements of nature". Mr. Dolkas did not want to see the
area urbanized because that would defeat one of the main objectives
of the baylands, which was to allow young people living in the suburbs
to enjoy the experience of nature.
Nancy Holmes, 843 Divans Court, showed elides to point out where the
county has been and where it ray be going. She showed a slide of
one section of beautiful marshland that might be filled iv at a future
date for an observation point. Mrs. Holmes used one slide to show
the parking lot as it now is and how much area it would cove if
enlarged. One point Mrs. Holmes wanted to bring out was that the
county had done very little since 1968, and she felt this would be
obvious from viewing the slides.
road was not a good plans, and it
children srho visit the baylands.
dredging or the boatiris, but she
Nrs. Holmes thought the elevated
would be dangerous for the school
She said she vas not fighting the
wanted a good plan.
Harriet Mundy, 757 Tennyson Avenue, stated that the 1963 lease with
the county required that Palo Alto support the county in all applications
to public agencies; and Palo Alto must supply a place for the spoils,
or the county has no responsibility to dredge. Mrs. Mundy recalled
for Council some of the discussions that had taken /dace at ECDC
meetings. She feat that although there had been many good intentions,
not very much had been actually done in the baylands except by a
few volunteers. Mrs. Windy read the requirements as they appeared
in the BCDC permit with regard to work that the county was going
to do, but the work had never been done. She pointed out that the
only reason the Faber Tra4_ had been reopened was because a few bay
watchers insisted upon it; whereas, the rest of the work remained
undone. Airs. Mundy said she had no faith in the county keeping its
commitments to the city, the BCDC, or any other organization.
Scott Munro, 1234 Emerson Street. asked that Council approve the
maintenance dredging, but delay the other alterations until a more
acceptable, balanced plain is made.
Mayor Sher stated that Council nesbers :mod st their places a recommendation
from Helen Proctor, haylaasdi Landscape Consultant to the City, with
regard to the preservatioi . of esxtsting trees and new plantings.
Alsso, there was a memorandum from Councilman Norton stating his views
on this matter since he was not able to be present.
Robert Amyx, County Director of Parks and Recreation, said that during
the late 1950's, Pale: Alto cane to the county for assistance in some
of the work to be done at the Yacht Harbor. This included some dredging
and assistance in the construction of the launching ramp, When another
request case. to the county, members of the City Council and the Board
of Supervisors got together to discuss it. Based on the fact that
the users of the Yacht Harbor are spread throughout the county, it
was thought that perhaps the county should take over the obligation
394
10/7/74
for the development and the maintenance operation of the harbor.
At that time a consulting firm had prepared for the city a development
study and plan for the Yacht Harbor; and it included high rise apartment
buildings, motels, and those types of things. The lease was entered
into by the county with this as a Master Plan. At regular intervals
over the last twelve years, the city has asked for changes in the
Master Plan. Currently, there is a lease dated October 10,, 1967,
with the city that requires the county to develop the harbor in accordance
with the Master Plan. Everyone recognized that the harbor required
regular dredging if it were to be maintained as a useful harbor;
and at one time, everyone, including the city, thought the answer
was the Faber Tract. Mr. Amyx stated that it was learned shortly
after the first dredge disposal was in there, that it could not be
used over an extended period or time. He personally directed that
the berths be delayed until some solution was found to the dredging
problem. Now there was a multiplicity of recommendations for Council
to consider and give to the county; but he did not believe people
at the county level could respond to everything that had come through
the city's advisory bodies. Mr. Amyx recalled that he had appeared
before the city's committees one and two years ago with the project
that is being discussed now, which is the removal of the dried dredge
spoils from the Point and using it to raise the road and the parking
area. Secondly, the county was to dredge and put the disposal materials
in the excavation created by moving it off the Point; and thirdly,
the county was to add the eighty-six berths. This plan was prec#i^ated
on the fact that some of the materials that were excess to the needs
of the harbor area itself could he used to start the construction
of a berm around a portion of the refuse disposal area :af the city.
Mr. Amyx stated that the current project was predicated or that and
one site for an additional dredging which would provide eight years
te study the total program. He said he could not recommend to the
Board of Supervisors that the county do nothing but dredge. The
obligation of the county is in the current lease to develop the harbor
in accordance with that agreement.
Mayor Sher said he made a commitment to Ms. Evans to answer her questions,
and he asked what harbor policy had been established by the Council.
James Hudak, Manager of Capital Projects, responded that the basic
harbor policy is contained in the staff's report in this evening's
packet which lists specific actions of Council taken within the past
two years. One thing that is not mentioned is that about two years
ago, specific plane were presented to Council. These specific plans did
-not appear as part of the excerpts from the minutes that he included
in the report, but CtR:834:3 dated August 2, 1973 talks specifically
about those plans; and that report said the plans included the transfer
of old dredging spoils from the Yacht Harbor Point in order to build
the roadway and raise the levels to prevent flooding. The addition
of berthing facilities was also included in the approved plans,
It was Mr.-Hudak's understanding from that O R that the plans were
presented to Ccuncil, and the plans were approved.
Mayor Sher asked if thu ARB and the Planning Commission were bound
by Council policy; and if so, why did the Council refer the matter
to them.
Mra. Steinberg responded that the Planning Commission definitely
felt bound by city policy as outlined by Hr. Hudak, from its awn
reading of the Policy and Procedures minutes of the meeting of December
19, 1972, and the Council action following that on January 8, 1973.
Mayor Sher asked if the referral by Council of July 1 yea for an
honest eppraissl of the project by the ARB and the Plaveing Commisaion.
He emaumed the answer was affirmative, but within :he constraints
of those policies as those bodies understood theca,
3 9 5
10/7/74
Mrs. Steinberg agreed with the Mayor's assumption.
Mayor Sher asked if the city could commit the refuse area for spoils
before its EIR had been reviewed.
Mr. Hudak replied that in terms of adding dry spoils to the refuse
area, that could be done. Dry material is added as cover quite frequently.
Whether the levees could be built and then accept wet spoils at a
future date would be an other issue, and at least the refe a EIR.
would have to be done.
Mayor Sher asked for Ms. Evans if any short time action be taken
at this time.
Mr. Hudak responded that staff recommneeded that some short time action
be taken; however, air. Amyx has stated that he would have some problems
in recommending to the Board of Supervisors that any development
take place or any expenditure be made at the harbor unless there
were some longer terms plan. In Mr. Amyx's terms, that would mean
at least two dredgings.
Councilman Rosenbaum said the way this had progressed was that Council
started with some recommendations from staff. !hose were changed
somewhat by the Planning Commission, and the Architectural Review
roard-came in with what might be called the leas. common denominator,
which was to do a dredging and then some more planning. He was interested
in Mr. Amyzx's final comment which he felt contained contradictory
implications. On the one hand, he understood Mr. Amyx to say it
would be difficult to proceed wins this investment unless he could
see something long range; but on the other hand, Mr, Amyx said it
would be difficult for him to go to the Board of Supervisors if the
city just wanted to dredge. Me obvious problem is what was going
to be dome over the long term, and did it really pay to put in eighty-
six new berths if the future could not be seen beyond eight years.
He asked Mr, Amyx to comment,
Mr. Amyx explained that his comments were specifically directed to
the ability to dredge a second time. If all that could be seen for
the future was a one time dredging, then Mr. Amyx did not feel he
could recommend the project. unless there was some place available
for the spoils. This report, and the plan that has been developed,
was predicated on the approval at the time for the use of the refuse
area for one hydraulic dredging spoils disposal.
Councilman Rosenbaum asked that assuming a second dredging could
be taken care of, would Mr. Amyx been be in a position to suggest
to the Board of Supervisors that at this time just a maintenance
dredging be done together with come more planning involving a county/
city cooperation on a new master plan, and that the elevated roadway
be deferred.
Me. Amyx suggested that with the conditions being placed upon it,
the whole thing be deferred. If the city is going to prepare a master
plan for the entire baylands, then it would be well to wait and see
what it is before money be spent on dredging. Actually, most of
the 4400,000.00 is related to -the removable material from the Point.
If it is not used in the immediate area, he would not recommend hauling
it a greet distance since that adds to the cost. Mr. Amyx thought
there was a necessity to raise the level at the baylands, and subsidence
over a period of years had been in excess of three feet. Although
the currant rate of subsidence had been minimized, there is no guarantee
by the Water District staff that this condition will remain stable.
The damage to the roads at their existing elevations hens been rather
severe. Ht. Amyx felt that the reaeovel of the two fingers of berths:
396
10/7/74
was not that important to the project in terms of project reduction
and cost reduction. He pointed out there was a waiting list, and
the berths could be occupied almost immediately. That would provide
an immediate source of revenue. In four years they would not amortize
themselves; but in a period of eight years, perhaps they would.
Councilman Rosenbaum asked if he understood that Mr. Amyx felt fairly
strongly that the road should go in and at a suitable elevation,
Mr. Amysx said this was correct, and the county had accepted a .final
grade of 71 feet above mean sea level as a suitable_ one, There would
be some surcharging of the area with the additional material so there
would be some settlement and consolidation,
Councilman Rosenbaum asked Mx. Amyx if he did not consider the berths
a significant capital expenditure,
Mr. Amyx commented that he would _not recommend to the Board that
the county do nothing but maintenance dredging for the existing facilities.
Councilman Rosenbaum asked if Mr. Amyx would be willing to recommend
that nothing be done but maintenance dredging and building the road
up to an acceptable height, and forget the berths for the time being.
Mr. Amyx responded negatively.
Councilman Rosenbaum noted that the question people were raising
was how the expenditure for new berths could be justified when it
was not known where the spoils were geeing to go in the long term.
Mr. Amyx said that t,y the same reasoning, the county could not justify
a simple dredging to maintain what is there now. He pointed out
that under discuaeion were two fingers of bertha, with a wai.tiag
list to aceomsuodate more users. The county's lease agreement with
the city currently requires that the harbor be developed in accordance
with the Master Plan.
Councilman Rosenbaum understood the basic argument to be that there
was not that much money in the berths, and the county could justify
putting those in even if in eight years they could no longer be used
because there was no long term solution.
Mr. Amyx replied that they would not be a complete loss, and perhaps
they could be used elsewhere.
Councilman Comstock understood from the comments made by George Nolte in
the RIR that dredging of 50,000 yards would not cover the entire
south basin, but would cover only two fingers.
Mr. Amyx responded affirmatively.
Councilman Comstock asked if the 50,000 yards would be placed on
the Yacht Harbor Point after other materials were moved from the
Point to various locations.
Mr. Amyx said this was -correct.
Councilman Comstock asked if it were correct to assume that in four
years, the county would have to go back and gat another 50,000 yards.
Mr. Amyx responded there would be an additional dredging, and the
amount would be comparable if they went the same distance 'into the
south basin,
3 9 7
10/7/74
Councilman Comstock noted that there was a list of comments made
by the George Nolte firm, and he asked if county staff had disagreement
with any of those.
Mr. Charles Rockwell, County Department of Public Works, said the
list was the feelings of the George Nolte Company, and the county
had no input on them.
Councilman Comstock said there was also a list received from the
Planning Commission dated October 3 giving deficiencies in the EIR,
and he asked if the county representatives had any comments on that
list.
Mr. Rockwell commented that he had not seen that list.
Councilman Comstock understood that the plan includes parking areas
to be installed near the eighty-six berths. If Council agreed that
eighty-six berths were acceptable, would the parking that would be
constructed require any additional filling of marshes or grasslands.
Mr. Rockwell responded negatively.
Councilman Comstock asked what Mr. Rockwell's response would be to
the suggestion that the road be built at a level of 61/2' instead of
71/2'.
Mr. Rockwell replied that any elevation lower than 71' would be considered
totally unsuitable.
Councilman Y,eahrs referred to the passibility of Shoreline Park needing
spoils, and he wondered if there were any substance to that idea.
Mr, Amyx replied that he had been in contact with Mountain thew officials
on several occasions over the past month, and this had never been
brought to his attention.
Councilman Seahrs asked if it would be economical to carry the spoils
by hydraulic means.
Mr. Arayx said it would be economical by hydraulic means, but not
by trucking,
Councilwoman Pearson thought that from 1963 to the present, Palo
Altans had learned to appreciate what they hai in the baylands without
over -developing it. The first Master Plan with the motels and high
rises was totally unacceptable to everybody. She asked if the county
representatives would be willing to recommend to the Board of Supervisors
that the City of Palo Alto and the Couety cooperate and develop a
new plan which would reflect the thinking of the present.
Mr. Amyx said he would, but it should be recognized that in the design
of the har',or, which is a utilitarian aort_of a thing, there are
certain standards to be met and modular measurements that have to
be met. In other words, the mechanical part of it is pretty well
set. How you treat structures and the land around it is about all
that could be talked about; and the mejor part of the land would
now be outside of the lease according to the current plan. He felt
there had been optimism on the part of the uaers relative to lack
of need for parking spades. If the road is elevated, there will
not be the space for the parking of trailers and cars -along the side
of the road as is now done. It needed to be recognized that there
was some standard to be met in the development of parking spaces.
Mr. Amyx agreed that perhaps it would require a new study by knowledgeable
people with regards to aesthetics and harbor requirements in order,
to come up with an agreement before `any work could be done.
398
10/7/74
Councilwoman Pearson noted that according to the specifications for
the Airport Land Use Commission, the proposed eighty-six berths fall
in the safety zone of the airport. If this is correct, the Airport
Land Use Commission would not permit the berths to be located there.
Mr. Aux replied that he had raised this question with the Airport
Land Use Commission; and had received a letter from the Commission
indicated that their ruling was for new construction, not existing
uses.
Councilwoman Pearson stated that she was on the Airport Land Use
Subcommittee; and they recently adopted stringent requirements around
various airports, Palo Alto being one of them. Since there is no
development there, she guessed that the Airport Land Use Subcommittee
and Commission would turn down any such request.
Mr. Rockwell said it vas his understanding that the uses of the Yacht
Harbor would not be considered by the Commission, and there had been
a letter received to that effect.
Cauncilwva:.an Pearson suggested that before' any development is done,
this matter be clarified. She pointed out that any Council by a
four -fifths vote could overrule the Land Use Commission. Another
point was that if a new plan were drawn that did not include eighty-
six new berths, there would be no question at all about it. Councilwoman
Pearson asked that someone comment on sea walls with regard to cost
and why they were not being considered at this point.
Mr. r.ockweti responded that the county fowid a sea wall would be
extremely expensive when it investigated that possibility a fey; years
ago. Although he could not give the dollar cost, he did not feel
a sea wall would be er_onomicc.;.ly feasible. Further, the construction
of a sea wall would require the raising of a wall to the level that
was being discussed for the roadway. Mr. Rockwell said that sand
bags were placed on top of an existing sea wall that is not stable;
and elevation of that wall by cement bags would not be suitable.
Councilwoman Pearson asked if the water went through the bags.
M!. Rockwell explained that the problem was that the foundation underneath
the bags was in poor condition.
Councilwoman Pearson said it ass hex understanding that the road
was at the 54' level neer the Interpretive Center and the parking
lot, and it was at 44' in front of the pond and the Yacht Club.
At the ' elevation, there is rarely any flooding. Most of the
flooding occurs in front of the Yacht Club, the duck pond, and towards
Pxmbarcadsro Road. Councilwoman Pearson asked why the entire road
should not be raised to the 54' level.
Mr, Rockwell considered 54 feet to be way too bow. The top of a
roadway construction wan being talked about, and any elevation below
that would be subject to water infiltration constantly. You would
not have a stable base material under the road and maintenance would
be a considerable problem. If the road ware raised to a 74' foot
level as recommended, the sub -base Material would be out of the water
level and have structural integrity.
Councilmen Pearson felt that the road was in fairly good condition
out past the harbormaster's house compared to those. areas that were
at the 101' level which were washed out as a result of exceptionally
high tides or heavy rains.
3 9 9
10/7/74
See pg. 532 Vice Mayor Henderson stated that he had observed a noticeable dip
in the road as you reached the Yacht Club area, and it was hard kor
him to believe that could not be raised a couple of feet or so to
level that off since that was where the flooding took place. He
did not notice that it was giving way underneath, it just did not
appear that there were as many sand bags there. He asked how high
it would be necessary to go with sand bags to raise that area up
to the level of the other parts of the levee -
Mr. Rockwell replied that it would be necessary tee go up about two
feet from the higher tops of the sand bags.
Vice Mayor Henderson asked if Mr. Rockwell's opinion were that the
structure would not hold that,
Mr. Rockwell said this was correct
Vice Mayor Henderson asked if those places where there were dips
in the sand bags were even lower than the 41' level of the road.
Mr. Rockwell replied negatively, and he said it was higher than that.
Vice Mayor Henderson commented that if the level were. 51/2', then It
would take 2' to get to the 11' level of the road, Any calculations
that he had seen made it appear that W would be sufficient protection
from anything but very major r t load probler. s Right on the spot where
the road is the lowest, it is, only 4Y, Vie Mayor Henderson asked
Mr. Amyx if his statement had been that he could net recommend to
the Supervisors anything short of two dredging, building the road
up to 71', and adding 86 new berths.
Hr• Amyx responded affirmatively.
Councilman 3erwald quoted :Hr. Hudak's comments f r, m the ARB minutes
of September 27: "The city w,u1d haee to take the lead in planning
for the whole area. Within the lease line, the county would have
authority. Here, any plans would be up t-: the ct,uaty subject to
review and approval by the city:". In the City Manager's Report of
October 3, it is stated that the county staff feels it sbculd be
the city's responsibility to redraw the Master Plan for the harbor
consistent with an overall baylands plan. Councilman herwald thought
these two items were contradictory, and he asked Mr. Hudek to comment.
Mr. Hudak explained that when he was speaking to the ARB, he was
speaking about the way the lease and the agreements were written
with the county at that time; and at that time, they specifically
said the county would do the planning within the lease line. Since
then, and after the recommendations of both the Et:8 and the Planning
Commission, the city staff had discussed and negotiated this with
county staff, and the county agreed it would he willing to change
the present agreement so that the city would do the planning inside
the lease line, subject to their review and approval.
Councilman Bserwald asked if this were satisfactory to the county
now and would not be an impediment to moving along with the minimum
steps that Mr. Hudak had described to Vice Mayor Henderson.
Mr. Hudak responded that this was correct.
Councilman Serwald asked bow the lease lines would be handled in
the Planning Commission recommendations Phase 1, part I -A and C.
He understood the lines were approximate ones, and he wanted to know
what the procedure would be.
4'4 0
10/7/74
Mr. Amyx commented that the lines drawn on the small scale map were
arbitrarily drawn with no concern for the modular requirements of
parking; and they would have to be done on an engineered basis.
The same would be true on the line going out toward the launching
ramp to assure that there would be ample room to maintain the road.
Mx. Hudak stated there would be a specific legal description of the
metes and bounds of that area drawn up by the county and reviewed
by the city.
Councilman Berwald referred to the ultimate solution for spoils disposal
and noted that in the Nolte resptonae to the Planning Commission comments
on the draft EIR there was a statement about the waste disposal site
under the new operational changes being proposed; and it said it
would take a great volume of dry spoils. He wanted to know if staff
had any comment as to capacity of that area, or did they need to
wait for the information that would be in the EIR on the waste disposal
site.
Elizabeth Crowder, Associate Planner, responded that on page 158
of the draft EIR on the waste disposal site, there wad a etatement
that if the area which the city proposes to fill is allowed to be
filled; that would take a large amount of dried spoils - 21,000 cubic
yards per year. However, it needed to be realized that the time
that this section of the dump would be in operation would probably
be no more than eight years.
Mayor Sher asked for scrzee idea in regard co the Master Plan for the
baylands and the specific plan for the harbor how long would it take
assuming Council moved reasonably quickly to authorize it and get
the designer to prepare it; and could that time be compared to the
time it would take to get the permits for the harbor development.
Mr. Hudak replied that the Maater Plan would take at least a year.
It had taken four months to discuss just the harbor. He believed
that the minimum amount of time to get the permite through ECDC would
be ninety days.
Mr. Amyx commented that if a new master plan were presented, perhaps
a new EIR would have to be done; and the whole thing would have to
be started all over.
Mayor Sher asked what the BCDIC would have to approve in " addition
to the dredging. Re asked if it had to approve where the spoils
are deposited, the location of the buildings, parking lots, etc.
Mfr. Rockwell responded that any project within the shore line band,
and most of this area was within the shore line band, hid to be approved
by the HOC.
Mayor Sher asked if Yr. Rockwell were saying that if the dredging
were gone ahecd with, that could be the subject of one pewit; and
if a changed Master Plan were created, that would be the subject
of another permit, etc.
Mr.. Rockwell •ai4 this was correct.
Mayor Sher said there was some confusion in his mind about Council
policy and any commitments for a second dredging. In action taken
January 8, 1973, Council approved the use of the Yacht Harbor Point
for limited dredging at the earliest possible time, plus the use
of the refuse site for one future dredging. Was it Council policy
to hive. this dredging and one more?
401
10/7/74
Mr. Hudak responded affirmatively.
Mayor Sher asked if it were true that when that motion was made and
adopted, Council had in mind the fact that the Corps of Engineers
was preparing a study on the effect of dredging. Council knew there
would probably be two dredgings before ite Cups' study was completed,
and that is where the idea of one dredging plug a second one came
from.
Mr. Hudak thought this was one of the factors involved. Mx. Amyx
had indicated one -of the ether factors, and that was what commitment
the county would be able to make in regard to the time frame.
Mayor Sher said it was his understanding that the two dredgings were
adopted to fit into the time frame for the Corps of Engineers' study
that was supposed to addreos itself to a more permanent solution
to the dredging problem. He asked if that understanding were correct.
Mr. Hudak thought this was correct.
Mr. Sipel recalled that the factor of the county's willingness to
put funds into the project was something that affected the Council's
decision, and the Corps' study was another factor.
Pir. Hudak pointed out that the minutes reflected those two factors
as being considerations in the Council's action.
Mayor Sher asked when'the Corps of Fnnginoers' study would be ready.
Mr. Hudak replied that the Corps expected the preliminary results
to be available to the public in June of 1975.
Mayor Sher understood that the I'i.toning Ct mission recommended that
landscaping, paths, benches, ate, be taken care of immediately after
the dredging an.d the shifting of the dry spoils to the road. The
county's response was that could not be done immediately because
of consolidation and solidity of the materials, and so his understanding
was the road would go in but would not be paved at the outset. In
fact, there slight be a period of two or three years before the road
would be paved and the landscaping put in.
Mr. Rockwell explained that the road would be an all-weather one.
The couety expected there' would be structural defects to the road
as settlement occurred, and repairs would then be made. The plantings
and se forth should wait for the final consolidation.
Mayor Sher asked if be were correct then in assuming that the road
surface would go in immediately upon the deposit of the dry spoil
along the roadway, and that would include tfee rock, screening, etc.
Mr. Rockwell responded affirmatively.
MAyor Sher asked if Mx. Rockwell thought it wise tr put the dry material there
awaiting a master plan, and if the meter plan shoved thsct the alignment
or the height of the road did not tie in with the best planning for
the whole area, the reed could not be moved at a later date for financial
reasons.
Mr. Rockwell stated that the alignment of the road was fairly restricted
in a number of the areas, and minor realignment could be a problem.
With regard to a total removal of the spoils at a later date, that
wou'.d be uneconomical.
402
10/7/74
Mayor Sher asked if it would be possible to make changes in the parking
areas if a master plan indicated that the parking spaces were in
the wrong place.
Mr. Rockwell said the project did not include paving the parking
area at this time.
Mayor Sher understood then that if a master plan cha.-tged the location
of the parking areas, that would eot upset a large investment of
money in the present plan.
Mr. Rockwell pointed out that the one area for parking doom by the
proposed 86 berths would be paved, but other parking areas would
not be paved.
Mayor Sher asked if the parking area just south of the north basin
would be on the new fill material.
Mr. Rockwell responded affirmatively.
Mayor Sher concluded that area would not be useable for some time.
As part of the master plan, was Council being asked to approve that
area for parking.
Mr. Rockwell stated that the current master plan as part of the lease
indicates the dry storage parkiug and roadway legout cn the point
area where the spoils are to go. The county was uot makfug any revisions
in the current master plan; and the only modifications that had been
made is the revision of the lease line to eliminate the lagoon area,
and modification of the lease line on the bay wide of the launching
ramp.
Councilman Clay commented that he understood that anything below
a 71' road would be unacceptable; and presumably, that would be because
of the cost of maintenance of a road beneath that level.
Mr. Rockwell said this was correct.
Councilman Clay asked if Hr. Rockwell were saying that if the road
were lower, the frequency of maintenance would be higher.
Mr. Rockwell responded affirmatively.
Councilman Clay asked how much higher than 71' was the area around
the duck pond,
Mr. Rockwell replied that in the area adjacent to the duck pond where
the roadway would go, it is approximately 3' higher.
Councilman Clay asked about the sscaf&ty factors involved with aetomobil.es
driving along beside the duck pond.
Mrr. Roekwe1l did not consider this to be any safety problems at all.
Visually, there would be an unobstructed view of all pedestrians
crossing the roadway.
Councilman Clay said Mr. Rockwall mentioned settling which impacts
the cost and frequency of mei.ntsnance, and that the settling conditions
changed since more water was being imported. He asked if Mr. Rockwell
had taken that into account.
Mr. Rockwell: said this was correct, and settlement had been reduced
considerably over the past yesre with the imparted water. That had
been accounted for in the reduced elsv*tiou to 7e to 8' from the original
10' recommendation. r.
403
10/7/74
Councilman Beahrs believed that the Army Engineers had a model of
the bay operating for twenty years, and he found it difficult to
understand why they had no data available Chat would give them as
basis for some preliminary opinion.
Ass. Hudak responded that there is a great deal of data available;
however, the Corps is reluctant to snake any preliminary statement
about dredging spoil's until their study is complete.
Councilman Berwald asked if the EIR with attached supplements on
staff recommendations in CMR:549:6 included the responses of the
Nolte Associates. -
Mx. Hudak responded affirmatively, and said the supplement was an
official one to the EIR.
Councilman Berwald asked if it would also be subject to any of the
deficiencies noted by the Planning Commission.
Mr. Rockwell said he had not seen the deficiencies before this time,
but they would be noted and contained within the final report.
Councilman Berwald asked if it were intended that the revised lease
agreement and ordinance would include the Planning Commission recommen-
dations as aTlen ed by the ARB, or did staff view it as being listed
on page 2, 3, etc. of the City Manager's report.
Mr. Hudak's understanding was that if substantial changes were made
to the plan at this meeting, any impacts of those chas.sges would have
to be reflected in the final EIR since the original EIR was based
on the existing plan.
Councilman 3erwaid said that the recommendations on page 4 of the
City Manager's Report did not really address themselves directly
to the language in the Planning Commission and ARB recommendations,
but were stated in language that had been worked out between Mr. Hudak
and the county.
Mr. Hudak felt this was correct. This represented what had been
negotiated with the county, and the final plan that was being proposed.
was the plan as represented in the CMR.
Councilwoman Pearson stated that the problem of where to put the
dredging spoils is something that just would not go away. Great
pride is taken in the baylanda and the Marshes, end Council wants
to maintain them. It was becoming clear that there would be ro place
to put the dredging spoils after the second dredging that may be
done. Any other way to get rid of the spoils costs millions of dollars,
and ahe did not believe the county would support anything like than
Councilwoman Pearson did think, though, that since a great a ny people
do go out to the baylands each year and zany of thew cams from all
over the county, it could be considered a county park. She thought
the county could maintain it as more or less a natural?, park rather
than as a highly developed one as hod been proposed in the first
plan. Councilwoman Pearson stated that her awn feelings had changed
considerably, and she believed the wild look of the area and the
nature concept should be preserved. She still liked the sailboats,
but she was not willing to expand that kind of facility since that
would be a commitment to more dredging, which was an insoluble problem.
Counciiwoean Pearson did not want to see at lot of paving out there
or a lot of commercial facilities. She believed that if the dredging
were continued, and the loading up of Yacht Harbor Point were continued,
the paths and the picnic areas end that site as a natural area will
simply never cow into being. Councilwomen Pearson pointed out that
it was five or sin years since that had been dredged, and it is just
beginning to get some growth an it.
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10/7/74
MOTION. Councilwoman Pearson moved, seconded by Henderson, that
the lease be modified to:
1) delete from the Master Plan the 86 proposed
berths and any proposed in the future;
2) raise the road to 61 feet;
3) modify the lease lines according to the
Planning Cot -mission recommendation out near
the lagoon area and the bay side of the
launching ramp;
4) to delete the Faber Tract as a spoils area;
5) to prepare a new master plan according to the
ARB recommendation;
6) add deficiencies into the EIR as stated by the
Planning Commission, the ARB, and George Nolte;
7) include the provisions included in letter of
October 7th from, Helen Proctor;
8) to delete the proposed coffees shop.
Councilman Comstock suggested modifications 7) and 8), and Councilwoman
Pearson agreed that they would be part of the eitirc motion,
Councilman Comstock thought that Mrs. Proctor's points were thoroughly
explained in her letter. He did not see them as being substantial,
but they were important to the treatment of the vegetation that was
there; and he did not think that would give the county any, trouble.
With regard to the coffee shop, he did not think it was a necessary
adjunct to the operation.
Councilman Comstock said that in looking back at the minutes in 1972,
he felt a little embarraeased that he did not have the guts to face
the issue then; but he did not, and now the issue was here again.
It seemed to his that if Council were really honest with the boaters,
it would say that they were going to run out of time very soon; and
in fifteen or twenty years, they were not going to have a Yacht Harbor.
Although the answer is not definitive, it is fairly clear that the
county is uncomfortable with the thought of trucking epoile down
to )fountain View or some other site. They sea that as a very costly
approach to getting ric of the spoils. Yet, the spoils are going
to be there; and they are going to keep cd.tng back every four years.
Council can approve the revised plan, play musical chairs with the
existing spoils that is taken out, and then do it again in four years; -
but Councilman Comstock did not see wheat could be done four years
after tiat. Great effort had to be made to figur+F out what to do
this times; and as time /r es on, locations and opportunities for disposing
of one spoils become less and less. It • wan not even known if the
city would have a duaep fivo years free& now Councilman Comstock
was quite discouraged about it, and he felt be would be most honest
with the Yacht Club and the Sea Scouts if he said they had better
pull up anchor and sail out. Since he was not quite that brave,
he would tesal ':nest to prepare to pull up anchor in four or eight
years because that would be about the last tine this Council or any
future Council would have the opportunity to do anything about the
elitist; problem. Probably this thing could be done tonight as proposed
in the motion and gotten away with for another four years. Councilman
Comstock did not think it was very basest for Council to tell the
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county there was a good answer for it, and he did not think that
should be said in the EIS either. The EIR should reflect what the
situation really is. Even with the changes, he felt very uncomfortable
because a lot of cosmetic things had been done; but the underlying
problem had not been solved. It seemed to h.',m that limping along
from year to year just was not going to work any more.
Councilman Berwald asked if the 61/2' road level mentioned in the motion
were not one foot lover than the recommendation of the Planning Commission.
Mayor Sher said that was correct.
Councilman Berwald asked if the engineers agreed that was too low.
Mr. Rockwell stated that they believed 61' would be too low.
Councilman Berwald said he saw no reason to make the road 61/2', and
he proposed ameuding it to 71/2'.
Mayor Sher asked if Councilwoman Pearson would accept that amendment
as part of her main motion.
Councilwoman Pearson responded negatively.
AMENDMENT: Councilman Berwald moved, seconded by Bf:ahrs, that the
motion be mended so that the roadway elevation would be 71/2'.
Councilman Beahrs noted that it was professional engineering opinion
_that the road would not last very long at all if it were constructed
at any height under 74'.
Councilzm.aa, Clay thought there would be an impasse if Council did
not go to 71' unless part of the motion to go to 64' would include
the city taking on the responsibility for maintenance of the road.
Councilman Rosenbaum said that county staff, unless they changed
their minds, would not reebeimand the ' road to the Board of Supervisors;
whereupon, the city would receive a notice, and the problem would
be before Council once again unless based on engineering knowledge,
a way was found to convince the county that 6 feet was sufficient.
It seemed to him that if there were going to be a road there, Council
would have to go along with what the engineer thought he was willing
to approve. If Council did not want to have a Yacht Harbor with
a road that is sufficiently high to meet conditions, then he thought
Council ought to say it did not want to have a Yacht Harbor.
Mayor Sher asked assuming that this motion fete passed and there
would be no dredging for near berths, and the oely disposition of
the dry spoils would be the new road, how much of the dry spoils
would that take; and would the apace made available accommodate the
new spoils for opening the channel.
Mr. Rockwell said that would eliminate about 8,000 yards of material.
Mayor Sher asked how many yards of material it would take to build
the road to f feet and to 71/4 feet.
W. Rockwell replied that he had no ideas bow such would be needed
for a 64' road, but the 7Y one would take about 20,000 yards.
Mayor Sher asked if it were proposed that the excess of the dry spoils
would be put in the refuse area.
Mr. Rockwell responded affirrativeiy, , and said that some of it would•
also be put in the parking lot area.
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Mayor Sher understood that there would be 22,000 yards of material
to be disposed of elsewhere than in the road and the parking lot.
Mr. Rockwell said the figures were approximate.
Vice Mayor Henderson stated that he did see data that showed the
road would have to be up to 5# feet to hold off the drifting hig''i
tides. When you get to 61t, you are well above that; and you are
into a situation where you were trying to provide protection for
very rare extreme flooding conditions. Also, you would be moving
dry fill to this area from the Point, ao the question of subsidence
was virtually eliminated. He felt the road height should be held
to what is safe and rakes sense, and he supported the bk foot road.
The amendment failed on the following__vote:
AYES: IIeahrs, Berwald, Clay, Rosenbaum
NOES: Comstock, Henderson, Pearson, Sher
Councilman Berwald asked Mr. Amy: if the elimination of the eighty-
six berths and the reduction of the roadway from 71 to 61 feet would
be acceptable to the county.
Mr. Amyx did not feel that as a staff member, he could answer that.
Staff would have to take the end product, analyze it, and present
a report to the Board of Supervisors for a policy decision.
Councilman Berwald agreed with one of Councilman Norton's comments
made in his memo, and that was the first eighty-six berths should
be built without commitment to others in the future. M.. Stromquist
asked at one of the planning Commission meetings that those who consider
the Yacht Harbor improvements also consider the small size of the
Yacht Harbor area to the total wetlands. If there is going to be
a Yacht Harbor, Councilman fserwaid thought it ought to be a decent
one. He felt there was a moral obligation involved; and if Council
did not want to have a Yacht Harbor, then, som+ecne should make a motion
to do away with it and let it return to marsh land. Councilman Berwald
did not think the inclusion of those extra eighty-six berths would
affect the ecology of the area nearly as much as some of the other
things that were being approved.
AMENDMENT: Councilman Berwald moved, seconded by Beahrs that the
eighty-six bertha be replaced in the motion, without any commitment
for future berths.
Councilman Beahra said this amendment was supportive of the county
staff recommendation. He said he 'wanted td be honest, and he thought:
the whole thrust of the discussion and motion was to kill the Yacht
Harbor by parliamentary means because no one had the courage to come
up with a clear cut motion. He asked the City Attorney just what
the requirements were for cancellation of the lease, and what the
penalties were to either party.
Hr. Booth responded that he would look those up and report in a few
momenta.
Councilman Comstock asked Councilman Berwald if his motion contemplated
shifting of the lease line so that it would come in closer to the
eighty-six berths.
Councilman Berwald said he would defer to the staff on that; but
he did think the lease line could be adjusted to take into consideration
the fact that Council vas not contemplating additional berths, at
least et this time.
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Councilman Comstock asked the question because he was concerned that
if there were a big gap between the berths and the lease line, people
would begin to ask when another one hundred berths could be put in.
Councilman Berwald thought that one of the answers to that would
be how much of that would be useful for other things.
Mr. Hudak thought that was the key point in terms of the south basin.
Even if it is not developed as a berthing area right now, it is used
for the sailing of smell boats and some turning. That is the prune
reason why it is in the county lease at this time.
Mr. Amyx pointed out it was dredged to accommodate the original berths
es shown in the Master Plan.
Councilman Clay stated that he interpreted Councilman Berwald's motion
as an extension of what Councilman Norton suggested, and that is
that Council permit the eighty-six berths but not commit to anything
in the future, which is quite different from changing the lease line
to accommodate only eighty-six berths. Further, in looking at Councilwoman
Pearson's motion, it appeared that if you changed the lease line
to delete the additional berths, you are in fact pre-empting the
General Plan, That changes the character of the discussion altogether.
Mayor Sher felt that it was a necessary part of the Berwald Amendment
that if Council went ahead and approved the eighty-six berths that
they be in an -area leased to the county. That is inconsistent with
the main motion, which is to delete the area where those berths would
go. Mayor Sher said he treated it as an amendment to change the
lease line; and implicit to it, is also the approval of the eighty-
six berths.
Councilman Clay asked what effect- changing the lease line had.
Mayor Sher said it ;meant that portion would no longer be in the county
jurisdiction, but the other party had to agree to that.
Councilman Clay's point was thst if Council were going on with the
nee, soma of the parameters should be left unfixed.
Vice Mayor Henderson said he did not hear Councilwoman Pearson say
anything in her motion about changing the lease line at that area;
but she said the lease line as recommended by the Planning Commission.
it is the immediate addition of eighty --six berths that should be
eliminated. If Council were going to seek a revised Master Plan,
the whole discussion of this area should be left open, or else forget
it. Responding to Councilman Beahrs' remarks, Vice Mayor Renders=
commented that if there were a place to put the spoilt; Council would
not have this problem. If Councilman Beahrs could tell him where
the spoils could be placed, then the dredging could be done; and
the Yacht Harbor could continue. If there is no answer to that,
then Vice Mayor Hendersoncould not see putting in eighty --six more
berths when there was a great possibility eh.at'the whole thing would
have to be backed away from. In his opinion, the berths should be
deleted, and the Master Pien should be redone.
Councilwoman Pearson stated she was surprised to find that she changed
the lease line. She thought she was deleting those additional 100
berths and any insmediate reference to 86 berths. She did this because
she thought that any commitment to new berths in that area was the
sae as telling people that the city was committed to a long tern,
dredging process, for which there simply wets no anger. If the 86
berths and the others are deleted, and if the lease line were changed,`
end a new Master Plat is tried for, Councilwoman Pearson hoped that
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the city and the county would cooperate so that the whole area would
be planned anyway. She mentioned again that the berths would be
right in the approach zone for the runway at the airport, and the
restrictions for that zone were very rigid. The whole idea is to
protect the people on the ground and also the people in the aircraft.
She urged Council members to delete the boats in that particular
area.
Mayor Sher thought the county staff had made it clear that the eighty-
six berths ought not to be put in '.inless there is at least one more
dredging to protect that capital investment, and he was not prepared
to give a commitment for the dredging. Therefore, he would vote
against the amendment.
The amendment failed on :.he following vote:
AYES: Beahrs, Berwald, C'ay
NOES: Comstock, Henderson, Pearson,
Rosenbaum, Sher
AMENDMENT: Councilman Berwald moved seconded by Comstock, that the motion
be £µvended to include the Planning Commission recommendations, including
the WI feet instead of the 71 feet, on the three phases and in Phase it (a)
of the staff's recommendations, the words "as soon as possible" should replace
the word "immediately".
The amendment passed on the following vote:
AYES: Berwald, Comstock, Pearson,
Henderson, Rosenbaum, -Sher
NOES: Beahrs, Clay
Councilman Beahrs interpreted the county staff's effort to be one
of leaving the options open, aad the city was not allowing for that
possibility: The county wanted eight years to determine_ whether
or not it was practical and feasible to maintain the facility which
many people value. He said he was not unsympathetic to the concerns
of the environmentalists, but he thought that people who had almost
fifty years usage of the facility were entitled to at least eight
years of open options. It was with this background that he asked
Air. Booth to what extent the city was already ®.n violation of the
spirit and intention of the 1eeee; and what were the penalties for
cancellation. His understanding was that it took only thirty days
notice, and there were no penalties.
Mx. Booth responded that it did take only thirty days notice, and
there are no penalties; except that there has to be some default,
and none of the actions at this ateties would aunt to a default
of this particular lease. i`';owever, the county's obligation to dredge
cease if the city fails to specify a nite for the spoils,
Councilwomen Pearson asked what rights the city had in light of the
fact that the county had not lived up to ite obligations as far as
putting in paths and benches, etc., that had been promised and not
given. Those things could easily have been done while the search
for a dredging solution had bean going on.
MOTION: Mayor Sher moved that the matter be continued to the meeting
of October 21, 1974.
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AMENDMENT: Councilman Comstock moved, seconded by Berwald, that
See pg. 5 3 2 the meeting be continued to 7:30 p.m., October 21, 1974.
The amendment passed on the follow&ug vote:
1
AYES: Beahrs, Berwald, Comstock, Clay,
Rosenbaum
NOES: Henderson, Pearson, Sher
See pg. 5 3 2 §pecia.l Mggt421
Mayor Sher called a special meeting for 7:15 p.m., Thursday, October
10, 1974, to consider Item 10 (California Avenue) and Item 12 (Arroyo
Road easement) prior to the scheduled meeting on the Comprehensive
Plan.
A.dlourrnment
As per the ar`endm&ot motion, the meeting adjourned at 12:50 a.m.
to 7:30 p.m., October 21, 1974.
ATTEST:
City Clerk
APPROVE.
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