HomeMy WebLinkAbout10211974CITY
COUNCIL
MINUTES
CITY
or
PALO
MO
Regular feting
October 21, 1974
ITEM PAGE
Adjourned Meeting of 0 tober 7, 1974 4 6 7
Plsnning Commiesion Recommends re Yacht Harbor EIR,
Master Plan, and Revised Lease Agreement; and the
Architectural Review Board Recommends re Yacht Harbor
EIR, Three Phase Improvement Plan, and Ultimate Master
Plan 4 6 7
Executive Session re PACDAB Beard approval 4 8 7
Resolution re Proposition 17 4 8 7
Resolution re Expense Allowances for City Council,
Architectural Review Board, Hen Relations Commission,
and Planning Commission 4 8 8
Arroyo Road - Vacation of Public Utility Easements 4 8 9
Downtown University Avenue - Diagonal Parking Experiment 4 8 9
Oral Communications 4 9 0
Regular Meeting of October 21, 1974 4 9 0
Minutes of September 30, 1974 4 9 0
Request to Move Items 7 and 8 Forward on the Agenda 4 9 1
Flood Basin Mitigation Project and Refuse Disposal
Area: Lagoon Mitigation Project 4 9 1
Ordinance re Community Housing, Including Condominiums,
Community Apartments, Stock Cooperatives, and Planned
Developments
Ordinance re 7amprc►ve ent of Police Pistol Range in
Byxbee Park
Ordinance re Rtraeming Lane 13-E
Resolution re Endorsement of Proposition 15 on the
November State General Election Ballot
Child Care Contract Amendment
Barron Park Annexation
Request of Councilwoman Pearson re Traffic Solution
in Crescent Park Area re Petition 4 9 8
495
4 9 5
4 9 6
4 9 6
49►7
II 9 7
4► 6 6
10/21/74
October 21, 1974
ai...: ° ris ateinee of_ Oeireeleez, 7_, 1974
The City Council of the City of Palo Alto met on this date at 7:30 p.m.
in an adjourned meeting of Jctober 7, 1974, with Mayor Sher presiding.
Present: Beahrs, Be1wald, Clay, Comstock, Henderson,
Uorton, Pearson, Rosenbaum, Sher
Absent: None
I-tayor Sher welcomed to the meeting the Webelos Group of Cub Scout
Pack 'S.
sion Recommends re
and
Recommends
Laster Plan
Mayor Sher recalled that a motion from Councilwoman Pearson was on
the floor when the meeting adjourned on October 7; and since that
time, Councilwoman Pearson prepared a memorandum clarifying her motion.
Mayor Sher noted there was a a:emoran•3uss from the City Attorney's office
stating that before it was legal for Council to take any action in
regard to this matter, it had to deal with the Environmental Impact
Report. The action needed was that Council find the EIR sufficient.
This did not paean that Council had to agree with everything said in
the EIR, but that the EIR as supplemented by other inforas,atien gives
a basis on which to make decisions.
MOTION: Mayor Sher moved, seconded by Comstock, that the motion as
amended that was pending at adjournment of the October 7 meeting be
tabled until, the subject of EIR can be discussed.
The motion passed on a unanimous vote.
LOTION: Councilman Berwa1d moved, seconded by Beahrs, that Council
find chat the EIR for the Yacht Harbor is sufficient.
Councilwosm n Pearson said that Item 6 on the second page of her memo
is to transmit the E1R to the county with the deficiencies added as
stated by the Planning Commismion, the Architectural Review Board,
the Sierra Club, and the Nolte organization.
AMENDMENT: Councilwoman Pearson moved, seconded by Comstock, that
the EIR be transmitted to the county with the deficiencies added as
stated by the Planning Commission„ the Architecture). Review Board,
the Sierras Club, and the Nolte organization.
Councilman Beahrs did not feel that Council could state that the EIR
was acceptable, and then attach a number of deficiencies. He wanted
to know if the Council accepted -the E1R, what was the effect of accepting
the deficienciea as well.
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10/21/74
Marilyn Norek, Senior Assistant City Attorney, explained that the
important thing was whether or not the deficiencies were of such a
magnitude that the EIR did not adequately cover the various categories
listed in her memorandum to Council. Miss Norek said that if Council
believed it had enough environmental data to make an informed decision
at this point, even though there may be some questions, a finding
of sufficiency could be made. Additional data or questions could
be transmitted to the county.
Councilman Beahrs stated a preference that the deficiencies be considered
in the long range rather than at this meeting.
Mayor Sher pointed out that the substance of the amending motion could
be found in discussions by the Planning Commission and the Architectural
Review Board, and the Nolte response was prepared in response to questions
that were raised. Therefore, it was recognized that there was some
supplemental information that should be considered part of the general
situ$': icu.
Councilman Norton stated that he did not necessarily agree that there
were deficiencies; that being his position, he would vote against
the amendment.
Councilman Comstock said the reference was to the draft EIR dated
April, 1974, to a number of things that occurred on the record, and to
the Nolte Associates responses to poi.nto raised. In his view, a substan-
tial change was not made to the EIR; and unanswered questions had
not been created. The Nolte Associates made responses to inquiries;.
and the Planning Commission and the ARB mode their own independent
comments, which is what draft E1R's are all about. Councilman Comstock
felt that each member of Council needed to decide if the comments
made weakened the document or made it sufficient. He supported the
amendment because it expands upon the draft .EIR information and issues
that were raised at various meetings, and he urged support of the
amendment.
Mayor Sher said that in the Planning Commission memorandum of October
3, Item 6 stated that the Commission voted to accept the EIR ass presented
and as amended by the supplement of September 6, 1974, which was the
Nolte supplement.
Councilman Norton felt the EIR was more than adequate, and he saw
no need to embellish it with counts from the Planning Commission.
ARB, or Nolte Associates.
Councilman Beaters did of see how a docent such as an EIR, which
is supposed to be conclusive in ita nature, could be qualified in
any respect; and he would vote against the amendment.
The amendment passed on the following vote:
AYES: Comstock, lender. son, Pearson
Losenbaum, Sher
WES: Beahrs, Berwald, Clay, Norton
Councilman Comstock noted that on page 3-61 of the ELR, there 'sass
a statement that said an intensive effort should be exerted to find
a long term alternate solution to dredging. Re proposed a comment
that would state that since this vas an EIR that reflects a certain
proposed project, no provisions had been arcade for long -term disposal
of dredging. Re asked if it were necessary to include in this portion
of the Ell acme commeat to this effect.
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Elizabeth Crowder, Associate Planner, said that the FIR stated that
long term disposal sites were stilt questionable.
Councilman Comstock did not pursue the matter since he was satisfied
with Mrs. Crowder's statement.
The nation as amended passed on a unanimous vote.
MOTION: Mayor Sher moved, seconded by Comstock, that Council take
from the table the ! )tion that was pending at the adjournment of the
October 7 meeting.
The motion passed on a unanimous vote.
Mayor Sher said that at the last meeting, a lot of time had been spent
on this subject, and the public had been heard from. He proposed
that Council go immediately to the matter before them and that the
public not he heard from again. Council had received from the Yacht
Club a letter stating its position, and each member had a copy of
that letter.
Councilman Bervsid was concerned that there might be a large number
of people in the audience who thought they would have an opportunity.
to speak on this subject.
Mayor Sher pointed out that several hours had been spent hearing from
the public at the last meeting, and be did not think it would be productive
to have all the positions stated again. Because of Councilman Berrwald's
interest, Mayor Sher asked those who thought they were going to have
a chance to speak to raise their hands; however, he thought it was
best to start dealing with the issue.
Councilwoman Pearson stated that from telephone calla she had received,
it became obvious that there was confusion as to what Council had
done on October 7. What did occur needed to be clarified, and everyone
needed to ?now that there were two phases that this whole process
would be going through - what could. _be done now, . a.nd what Council
was hoping could be done in the future. For the benefit of those
persons who had not sewn her memorandum, Councilwoman Pearson read
the following: "There is one decision we must e ke now, and that
is whether or not to dredge. The Planning Commission's recommendations
Phase I, II, and III are all related to the present Master Plan.
This plan is the one which envisions extensive development in the
area. None of us believes the plan is valid or realistic in view
of present day thinking and costs. my proposal is to give the Yacht
harbor approximately four to five more years by allowing one more
dredging. During this time I Would expect that (1) a solution, if
possible, to the siltation problem be determined. If to solution is
available, then we mgt face the inevitable phasing out of the Yacht
Harbor for large boasts; (2) that the county and city togethez develop
a nee precise Master Plan. The Council will deteemine, by motion
tonight, some basic decisions regarding the kind and size of development."
SUBSTITUTE MOTION: Councilwoman Pearson moved, seconded by Henderson,
that the Council euthorise (1) One more dredging, the spoils to be
disposed of re Phase 1-b, c, and d, end Phase II -s and b, as recommended
by the Planning Commission. Phase I -b: relocation of the excavated
dried spoils for fill on the Harbor access road be limited, that the
height of the road be raised to a maximum finished grads of 61 foot
above mean aa* level. Phase I -c: no spoils materiels to Se placed
on the area north of the duck pond which ham been removed from the
county lease, except that necessary for slopes to conform the existing
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grade to the new elevation. Phase I-:'.: excess dry spoils to be deposited
at the refuse disposal area just west of the Yacht Harbor; use of
this material to cotnstruct periphery dikes to contain future hydraulic
dredging spoils should await the EIR on the refnee disposal area.
Phase II -a: mainteinance dredging not to exceed 50,000 cubic yards.
Phase II -b: wet spoils to be placed only on Yacht Club Point; no spoils
to be deposited west of new berths as now proposed, and marshes to
be protected and Saved. (2) Include the provisions in the October
7 letter from Helen Proctor. (3) Revise the lease line regarding
the lagoon and launching ramp, and those two areas should be defined.
(4) Retain the Interpretive Center access during construction. (5) Request
that the county in cooperation with the city prepare a precise new
Master Plan according to the Architectural Review Board's recommendations
which will incorporate the following changes: (a) delete the 86 presently
proposed berths and any proposed in the future, (b) delete the Faber
tract as a spoils area, and (c) delete the coffee short.
Councilwoman Pearson explained that this substitute motion is basically
what was on the floor at the time of adjournment of the meeting of
October 7, but she left out Phase III which she felt should he addressed
at another time,
Mayor Sher 'suggested that each part of the motion be dealt with separately.
The first point dealing with the dredging was before Council.
Vice Mayor Henderson wanted to make his viers knoun at this time since
he did not have the opportunity to do so at the last meeting. When
he Last spoke on this subject 3 year or rote ago, it came out in the
Palo Alto Times that he was opposed to the Yacht Club and the Yacht
Harbor. Pe said this was simply not true, and he thought the present
Yacht Harbor was a definite asset to the baylands and to the community.
If possible, Vice Mayor Henderson canted to retain these facilities,
`Alt not at the expense of losing the baylands as wild, open, natural
preserves to be appreciated and enjoyed by many thousands of adults
and children. In his opinion, this had to take precedence over a
formai recreational ia.ility that is enjoyed by relatively few people.
Vice Mayor Henderson stated that at the previous meeting when this
subject was discussed, he was uncomfortable with the fact that. Council
seemed to be inter -mixing directions for immediate work and instructions
€er a new boated Plan. He thought that Councilwoman Pearson's memorandum
and substitute motion clarified the situation. Vice Mayor Henderson
said he fully supported the proposed dredging to be done at the earlieat
practicable date; and he thought the smartest neve would be to use
good rreguler fill to build the low points of the road up to 51 feet,
move the old spoils from the point to the refuse area, and put the
new spoils at the point. If this is not acceptable, then he would
support using the old spoils to build up the road no higher than 61
feet and putting the rat in the refuse area. It made no sense to
Vice Mayor Henderson to add 86 berths now if there were no solution
for future dredging. The other action is to request a new Master Plan
giving direction as to what specifically the city would want to include
aud exclude. The motion before Council specifies deletions of the
additional berths, the Faber Tract as a spoils area, and the coffee
shop. at the appropriate time, Vice :Mayor Henderson would add delttion
of two or three of the new rest rooms, the marine supply shop, and
new parking *rests. He was open to consideration of some new berths
provided a solution would be found for the disposition of the dredging
spoils. Vice Mayor Henderson agreed with a statement made by Councilmen
Norton regarding Palo Alto's encitl nt to *owe of the county park
and recreation funds. A much .leaa formal and less expensive Yacht
Harbor development was being discussed, and that meant less money
would be involved. He urged the county to support the first dredging
4 7 0
10/21/74
and road buildup, and he asked that the county fund the preparation
of a revised Master Plan that would include solutions to the siltation
problem. If this could be done in a year or so, Vice Mayor Henderson
said a decision could be made before the dredging needs again reached
the present level; and users of the Yacht Harbor will know about the
future and not have to undergo trying times such as this again. It
was his hope that a solution would be found to retain and maintain
the Yacht Harbor as an asset to the bayland,e.
Ccunrilman Beahrs supported the idea of one more dredging; in fact,
he thought this was unduly restrictive. No progress had been seen
in the Yacht Harbor problem, and he thought eight to ten years should
be allowed for a Master Plan and other developments to occur. One
dredging was too restrictive, and Councilman Beahrs would rather see
a term of years used as a guideline. He pointed out that earlier
Councils had relocated the draining system to the point that they,
in effect, impaired the Yacht Harbor and caused some of the present
problems. Councilman Beahrs thought Council would have decisions
forced upon it within the year that might well restore some of the
early scouring effects which were experienced through tidal action,
particularly if the flood basin had to be opened to tidal influx.
Depending upon how that is handled, a current could be generated that
would be more effective in scouring the chancel than the old natural
flows. Councilman Beahrs felt it would probably be three or four
years before everything would be straightened out with the Army Engineers
and a decision made about the dry fill. Personally, he thought the
launching ramps were abominably located; and in his opinion, this
involved an extreme degree of public hazard. Further, there should
probably be a connection between the lagoon and the existing slough.
Problems such as these needed to be worked out, and Councilfln Beahrs
did not think they could be handled with one dredging as a constraint.
Councilman Norton missed the first meeting when this subject was discussed,
and he was disappointed when he read the minutes. He considered the
Yacht Harbor a jewel that ought to remain; and if the harbor were
last, that area would be a far less interesting place to go. Councilman
:Norton's disappointment was due to the fact that the motion as stated
.wo weeks ago and at this meeting tended to say that the harbor was
liked, but so many conditions were made that it was more difficult
than ever to take action. In his opinion, the position was a hypocritical
one. Councilman Norton recalled serving on a county committee for
almost a year that had to do with Measure C, passed in June of 1972,
retarding county -wide park and recreation facilities. All along he
supported that measure in the belief that while Pai.o Alto was probably
getting short-changed, the county would be benefiting by the passage
of the measure. Councilman i orton commented that the only object
of the county's bounty in Measure C was the improvement of the Palo
Alto Yacht Harbor. He pointed out that about one-third of a million
dollars was being transported each year to San Jose under Measure
C; and thus far, Pals Alto had gotten little or nothing back because
the Palo Alto Yacht Harbor had stood in abeyance for three years.
Ira his opinion, this was partly due to the City Council's unwillingnesa
to move; and partly, it was the county's fault. Councilman Norton
stated that the county and the city had to get together. He did not
want the harbor to silt up, and let all the Measure C coney be spent
in the south county. It was important that the one item clearly marked
in the county's plans; namely, the Palo Alto Yacht Harbor, proceed.
The present motion, in Councilman Norton's opinion, was obstructive
to that end. Palo Alto needed to work with the county in the realization
that this harbor is not a city one, but is a county facility, and
it was necessary to bend a little bit in that realization. He thought
the Planning Commission's recommendation to raising the roadway to
71 feet was a reasonable one. If the county is willing to go along
with the 6s feet height in the motion, then Councilman Norton would
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also support it; but he considered Vice Mayor Henderson's recommendation
of 5'i feet totally unacceptable. The county, understandably, with
a waiting line of fifty or more people for boat berths, would like
to build eighty-six new berths; but the present motion specifically
deletes that possibility. This gives no hope to the county that any
addition is acceptable. Councilman Norton felt that eighty --six berths
could be worked in, and that would be a fair compromise without indicating
any future commitments as to new berths. He stated his willingness
for the coffee shop to be deleted for the time being. Councilman
Norton's amain concern was that Council not force the county staff
into a position where they would have to make a recommendation of
dieapprova1z with the result that the whole matter would go on for
another two or three years without any kind of activity at all, when
that Council has ostensibly taken the position that the Yacht Harbor
is:to remain open. Among other things, Councilman Norton hoped that
at this meeting, Council would give a very strong reaffirmation of
the policy that the harbor remain open.
Councilman Berwald took a moment to formally welcome Councilman Norton
back from the Soviet Union. He said he was happy to have him back,
and he and Councilman Norton's other colleagues would like to hear some -
ti a about his experiences with the Be r Association in Russia. Returning
to the Yacht Harbor question, Councilman Berwald stated again that
he would like to hear interested members of the audience speak; and
perhaps they would do that at a future meeting. Councilman Berwald
pointed out that when other city programs were under discussion, Co=uncil
listened to those persons who were interested ia them and knowledgeable
about them. This was true whether the program had to do with child
care, drug abuse, senior citizens, etc.; and he considered the people
who use the Yacht Harbor as those who are well informed, committed,
and interested in that particular progratc. Vice Mayor Henderson made
a comparison between the Number of people who use the Yacht Harbor
and the number who use the other facilities; and Councilman Berwald
felt sure there were programs in the city that reached perhap3 one
or two hundred people, but the city still spent one-third of a million
dollars a year on those program. He did not feel that the number
of persons who used a program or a facility had been a firm criteria
or standard for the Council in melting decisions as to how much money
would be spent or where it would be spent. Councilman Berwald stated
that he respected the arguments concerning the cost of dredging, because
that was a very real problem. However, the inference in the argument
that compares the Yacht Harbor with the area around it, is that the
boaters are one type of people and the conservationists are another.
This was not so in Councilman Berwald' a opinion, and he pointed out
that conservationists love the water; and most yachtsten are conservation-
ists in a very real sense. Most of the boats at the Yacht Harbor
are sailing vessels* and they are waned by persons who live close
to nature, use the wind and the water, and consider themselves conservation-
ists. People who enjoyed the wind, water, and waves should be considered
when decisions were made at this meting. Councilman Berwald said
there seemed to be a feeling that the harbor was vying for the natural
march lands. If than were true, decisions could be made that would
return the harbor to a more uatursl ones The waters from the Santa
Cruz Mountains would be returned back along the natural channels where
they used to be, which really made the original natural Palo Alto
Harbor. Councilman Berwald stated that the harbor was certainly not
a blight on the landscape* and it was a very natural looking one.
He recognized the problem with the dredgings, spoil sites, etc.,
but he wanted : to see the harbor continued. Me said he was very impressed
with than Palo Alto Yacht Club's recommendation that two dredging*
be permitted to ensure conttnusnce of the harbor, and Councilman Berwald
considered that to be the only proper course of action. Anything
less than: that would be en indication rant Council really wanted to
phase out the Yacht Harbor.
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AMENDMENT: Councilman Berwald moved, seconded by Norton, that two
dredgings be permitted rather than just one.
Mayor Sher stated he would not move the amendment out -of -order; but
if a second dredging were talked about, Council should also talk about
subsequent dredgings. Further, Councilman Berwald's motion did not
suggest where the spoils should be placed as did the Pearson motion.
It would have been Mayor Sher's preference to deal with the subject
of subsequent dredgings after the immediate dredging had been dealt
with.
Councilman Berwald commented that anything less than two dredgings
was saying that Council did not want a Yacht Harbor.
Councilman Clay asked if It would be appropriate to hear comments
from the county representatives as motions were made. he wanted to
know also whether or not anyone had investigated the possible disposal
of spoils in Shoreline Park. It had con to Councilman Clay's attention
that Shoreline Park has a desire for fill, and Palo Alto has a need
for a place to put spoils. Further, it was his understanding that
to move the spoils from the harbor to Yacht Club Point would not be
substantially less in cost than moving them to Shoreline Park.
Robert Amyx, County Director of Parks and Recreation, said this proposal
was made to Shoreline Park more than a year ago; and .t was determined
that it was not timely for them to take wet spoils. This question
was brought sip two weeks ago when the problem was discussed; and in
the .interim, Mountain View had indicated it had no use for hydraulic
spoils.
Councilman Berwald asked if Mountain View would be interested in receiving
dry spoils.
Mr. Amyx said this had not been discussed because of the high cost
of transporting dry spoils to that area.
Councilman Cisy stated that he was told that it would not cost much
= re to deliver the spoils to Shoreline Park because of the logistics
Ste pg. 4 7 43o
of loading and unloading; and unless the hauling is in excess of perhaps
six miles, the cost --is relatively the same.
Mr. Amyx responded that he thought two different things were being
talked about. The dredged materials would be wet, and those are not
as transportable as dry material would be. Not very much would be
gained if the road were raised as it .should be, if the material were
taken fro* the point and transported to Mountain View. Mr. Amyx said
he could not discuss the cost specifically; but if it were moved a
distance, it would cost money. At the present time about tens cents
a tore per mile was being spent to move material.
Councilman Beaters agreed there was a problem with the spoils as far
as the Berwald amertdment,which he supported, was concerned. Since
Shoreline Park was such an extensive land area, Councilman Beshre
wondered whey a basin could not be provided there where Mountain View
could receive a substantial volume of hydraulic spoils which could
be allowed to dry for their future use.
Mr. Amyx replied that Mountain View's land area was all planned for
their filling opet:ation,
Councilman Beaters suggeeted that perhaps soma of the spoils could
be used in Greer Park and then be topped off vith good soil,
4 7 3
10/21/74
Mayor Sher addressed himself to the matter of the spoils if there
is to be a second dredging, and he offered the following substitute
amendment.
SUBSTITUTE AMENDMENT: Mayor Sher moved, seconded by Rosenbaum, that
in regard to the proposed second dredging, Council should state its
policy that without a firm commitment being made at this time, consider-
ation should be given to one additional dredging at a future date
with the spoils to be disposed of in the refuse area, pr.avided that
the necessary permits can be obtained.
Councilman Comstock asked if Mayor Sher contemplated this as a transfer
operation essentially, or whether he intended to really get into the
mechanics of it.
Mayor Sher viewed this as the sane kind of transfer operation as is
now being used. The dry spoils would be taken from the point to the
refuse area, and the new dredging would be on the point. Obviously,
any future dredgings with disposition in the refuse area would not
be entirely within the city's control. Mayor Sher's intention was
to make it clear that the matter of a second dredging be kept open
but not make a firm determination on it at this meeting. He was stating
the policy that a future Council should consider a second dredging
at the appropriate time, no firm commitment should be made tonight,
and the spoil should be disposed of as he indicated.
Councilman Berwald asked to near from the city and county staff with
regard to the substitute motion It seemed to him that a decision
ought to be made to have two dredgings, and then a study of the disposition
of the spoils could be carried out and a recommendation made. Councilman
Berwaiid did not feel he had the technical knowledge to say where all
the spoils from the second dredging should go. His question had to
;o with whether there was enough knowledge to say whether the spoils
from a second dredging would go in one certain location.
James Hudak, Manager of Capital Projects, said this was a complex
and difficult .issue to deal with in terms of deciding where spoil
material could be placed four or five years from now. He did think
it made sense to have an established Council policy which would say
that one area should be definitely looked at, and he did aot feel
that would constrain staff from looking further and perhaps coming
up with a better solution. With regard to the county, Mr. Hudak thought
they would feel more secure if one area were singled out.
Mr. Amyx agreed with Mk. Hudak. He thought this was mainly a declaration
of the Council to think forward to the possibility of another dredging,
recognizing that the refuse disposal area has had some problems.
If the Council in looking forward to a second dredging is willing to
participate in the solution to the problems at the disposal area,
the county would find that very helpful.
Mirror Sher brought out the fact that on January 8, 1973, Councilwoman
Pearson roved on behalf of the Policy and Procedures Committee that
Council approve use of the Yacht Harbor Point for a limited dredging
at the earliest possible time, plus the use of the refuse site for
one future; dredging. Therefore, this is act a new idea.
Councilman Berwald said he would like to prevail upon Mayor Sher to
further state that at the present tie, it is the intent of this Council
to approve a second dredging and cooperate with the county in finding
a ).ocation for a disposition of the spoils from such a dredging.
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10/21/74
Councilwoman Pearson asked if anyone knew what this would do to the
present EIR on the waste disposal area.
Mrs. Crowder responded that the draft EIR for the refuse disposal
mentions that the dry spoils would be eagerly welcomed by the refuse
disposal area for continuing operation at its present site if that.
is necessary, or at the expanded site if the permit is approved.
Councilwoman Pearson asked if Mrs. Crowder hid any predictions a*
to the city getting an extension of the use of that atea as a refuse
site, and how long the extension would be for.
Mrs. Crowder replied that the city could continua use of the area
for eight years.
Councilwoman Pearson asked if the city would be in trouble again in
eight years with the refuse area sitn,
Mrs. Crowder responded affirmatively, if there were just a single
lift.
Councilwoman Pearson concluded that in eight years the city would
be looking for a place to put dredging., wet or dry, and also for
a place to put its own refuse.
Mars. Crowder agreed that this was the situation.
Vice Mayor Heiderann said that he heard that the additional two and
one-half acres would carry the city through next June, and now he
was hearing eight years.
Mrs. Crowder explained that the permit application for the additional
area would be to fill the additional area of the refuse disposal site,
which would accommoelate present operations for ^bout eight years,
George Sipel, City Manager, added that the permit is for the filling
of about forty acres; and the fill rate is approximately five acres
per year. Therefore, eight more years is about the life of the present;
site.
Councilwoman Pearson aska,i if at the end of eight years, the area
for which Palo Alto vas presently trying to get a permit would be
filled,
Mr. Sipe' responded affirmatively.
Coesacflwomea Pearson counted that the present motion contemplated
a second dredging, and the spoil of that would go to the refuse area.
She aakead if that were acceptable.
Mr. Sipel replied that the spoils would go in the areas that have
already been filled. Some kind of diking would have to be created
in order to dump the liquid materials, and an area would be used that
had been previously used for that with the height possibly being increasea�
a couple of fest. igeat would be dons with the material after it was
dry was a question that had not yet boon red; but at that point,
it would be fairly valuable fell material so that it could be used
by the city or some other agency.
Councilwoman Pearson meted to know vat would be won; with doing
exactly the saws thing at the present ties. It seemed to her there
was some roams is the refuse area now.
415
10/21/14
Mr. Sipel responded that there would be room to accommodate it.
Councilwoman Pearson thought the dry spoils, or whatever there is
presently on Yacht Club Point, could be taken so the city could get
on with what needed to be done there presently - the dry docking,
paths, etc. That part of the operation could be gotten done, and
the present dredging could be put in the refuse area. When that dried
off in five years or so, then there would be the second dredging.
Councilwoman Pearson did not see why this was not being considered
at the present time.
Mayor She thought that at least part of the answer was that the dry
spoils would be used for the road. He asked if Councilwoman Pearson's
question was why all of the wet spoils did not go immediately to the
refuse area if there were room to accommodate them.
Councilwoman Pearson responded affirmatively. Then the plan could
proceed on Yacht Club Point; and the paths, picnic benches, plantings,
etc., could be put in.
Mr. Amyx dented that in order to put hydraulic spoils on top of
the refuse area, a levee would have to be built completely around
it. Such a levee would require a great many yards of rsateriai. In
earlier discussions a year or two ago, Mr. Amyx recalled that the
Public Works Director indicated he would start with whatever materials
he got from other projects within, the city to build the levee.
Mayor Sher asked if the idea were that the additional dry spoils fr.=
the point not used for the road could be used to build the levee.
Mr. Amyx said there would not be enough material for the levee, but
he agreed it would be a start.
Councilwoman Pears:ors as3ked of the spoils from Yacht Club Point w;yuld
be mixed with anything in order to build the road.
Charles Rockwell, County Department of Public Works, replied this
was correct except for the surfacing and the base material.
Couuci.lwonan Pearson acid that if a road were going to be built she
would prefer that the spoils from Yacht Club Point be used for building
dikes, put hydraulic dredging* over in the dump, and haul in good
road material. According to what Councilwoman .Pearson had read in
the EIR for the waste disposal area, hydraulic dredgings were exactly
shat you did not want to use to build a road that would be sloshed
with water constantly.
Mr. Rockwell said the material wade an excellent roadbed if the road
were not constantly sloshed; therefore, the elevation of the road
was important.
Councilman Clay paid he understood that Mayor Sher'ss amendment was
to tie in the dredging with a disposal site, and to specify the site
ae the refuse area. He was concerned because his question regarding
Shoreline Park as a possible use for spoils had received no definitive
answer. Re pointed out that if that were a suitable location, there
would be a perfectly compatible match. Councils Clay agreed that
it wee a good ides to have a specific disposal location in mind, but
he assured that tbs motion did not preclude any other possible locations.
He did think that the decision making process would be incomplete
if ouch at natural sink as Shoreline Park were not explored as a possible
disposal site.
4 7 6
10/21/74
Mayor Sher stated that one of the problems with using Shoreline Park
was the cost of getting the materials there. However, Mayor Sher
said that the idea of using the refuse area did not preclude the use
of alternative sites. In his motion, he merely intended to carry
forward previous Council policy with regard to location of spoils
that were a result of a second dredging.
Mayor Sher requested thet the wording "or other suitable site be
added to his motion, and his eecond concurred.
Councilman Comstock asked if the 50,000 cubic yards of spoils could
be placed entirely on Yacht Club Point assuming the removal of the
existing dry spoils to some articular depth.
Mr. Amyx responded that the project is geared to having all of the
material deposited at Yacht Club Point.
Councilman Comstock asked if this meant taking some of the existing
material out, building the road, and taking other materials to the
dump.
Mr. Amyx responded affirmatively.
Councilman Comstock asked that some member of staff give him a visual
picture of how much space would he taken up by 50,000 cubic yards
of spoils.
Mr. Hudak responded that a visual representation of 50,000 cubic yards
would be a football field about twenty-five feet high with dirt.
Councilman Comstock said he assumed that what was being said then
was that the Point be cleared now; and the material would be put in
there which would take care of the immediate dredging. Presumably
in about four years, that material would be taken over to the dump;
and it would be replaced with the spoils from another dredging.
Mayor Sher stated that the spoils might be able to be taken directly
over to the dump if the levees were built to contain it.
Councilman Comstock asked staff about the level of conflict with s
second lift that this might propose. Presently, the idea being discussed
was one of putting vet material on tins Point; but four years from
now, what was being considered was whether the material should be
put on the Point or be pumped directly to the dump.
Mr. Sipe]. replied that would be one of the alteratives. Offhand,
he did not see a conflict since he felt there was enough area there
to accommodate both the deposition of liquid spoils and the carrying
on of a second lift if Council chose to do that.
Councilman Comstock was concerned that all of the dredging* would
be taken to the dump, and then the city would find that its trash
had to be hauled some great distance for disposal. He underetood Mr.
Sipes to be saying that the city waa not nscsasarily foxccloaeing the
possibility of a second lift operation.
Mr. Sigel believed there was enough land to accommodate that,
4 7 7
10/21/74
Councilman Comstock asked if the road were built and the other excess
materials were moved from the Point to the dump, would it be possible
at this time for the dredging to immediately be done with the transfer
of wet materials to the dump site and not put anything more on the
Point at all.
Mr. Sipel did .not feel he could answer this question. He said there
were probably some engineering considerations that he was not qualified
to talk about, and there certainly were some financial considerations.
Councilman Comstock asked if this question could be investigated;
and if so, would Mr. Sipel like Council direction.
Mr. Sipel thought that if this were the direction Council wanted to
go, that should be said to the city staff and to the county; and they
would come back to Council with an alternative.
Councilman Comstock said he had been pursuing this because if the
city continued to hail spoils off the point and put wet mud on it
repeatedly, then Councilwoman Pearson's coma ants were correct. The
paths, parking, boat storage area, etc. would never be gotten around
to as shown in the plan. In that aspect, therefore, the plat is misleading.
Perhaps using the Point as a staging point for mud could be avoided
if the dump could be used as a direct deposit site for wet spoils
and still not conflict with the city's options for a second lift.
Mr. Sipel commented that some of the remarks made seemed to indicate
that the city would want to get rid of some of the dry spoils out
at the Yacht Harbor, and he felt that was a wrong assumpt: on to make.
For one thing, this material is wiry valuable. For example, if the
city wanted to bring new imported fill into the area, it would cost
about *5,50 per cubic yard. At that kind of price, Mr. Sipel did
not think the city should try to send the fill to Mountain View.
Secondly, some of the considerations Council would have before it
in about six weeks relate to where to go next with refuse. If the
city goes to a second lift, fill material will be needed on the order
of 50,000 cubic yards per year. If the current land fill processes
were to be modified to conform with changes suggested in the EIR,
the city would need an additional 15,000 cubic yards per year.
Mrs. Crowder commented that with regard to thn removal of wet spoils
immediately to the refuse disposal area, there are some environmental
considerations discussed in the EIR for that site. Until that is
thoroughly discussed, Mrs. Crowder did not think Council should count
on putting wet spoils there at this time.
Vice Mayor Henderson said he was hearing a figure of 50.000 cubic
yards now; and in four years, 50,000 cubic yards again. However,
the EIR states that the County Department of Public Works has estimated
that contiiued maintenance dredging of the harbor would amount to
about 200,000 cubic yards every four years. Vice Mayor Henderson
scanted an explanation of the discrepancy.
Mt. Amyx explained that the figure given in the EIR is based on maintenance
dredging of the complete harbor area, including the channel and the
south basin, and to a greater depth than is.now proposed.
Vice Mayor Henderson asked if the 50,000 cubic yards would keep the
harbor going as it now is plug take care of additional berths if they
were approved.
4 7 8
10/21/74
Mr. Amyx, responded that the present project incorporated dredging
in the area of the to additional berths and no further into the south
basin for the projected berths.
Councilman Berwald asked if the legislative intent of Mayor Sher's
amendment was that the city would agree to cooperate with the county
in securing appropriate and necessary alternative sites for the disposal
of spoils from a second dredging.
Mayor Sher stated that he did not feel that Council at this time should
make a firm commitment that there will be a second dredging. He felt
the policy should be stated that a future Council should be prepared
to consider a second dredging, with the spoils to be disposed of as
elaborated by Councilman Clay subject to getting the permits. Mayor
Sher felt that part tiff the problem in the Planning Commission was
that it thought there was a firm policy on the record, and they had
constraints upon the because of that.
Coencilman Berwald said that if a second dredging is to be considered
at all, then he thought in all fairness, the city had to say that
it would cooperate with the county in securing alternative sites for
that dredging.
Mayor She agreed with this. If a subsequent Council decided there
should be a second dredging, then clearly, it should work with the
co.'nty to find an appropriate site for disposal of the spoils. The
open question was whether a Council at some subsequent date will,
indeed, decide there should be a second dredging. Mayor Sher did
not think a policy should be adopted tonight that there should be
a second dredging.
Councilwoman Pearson recalled that the Policy and Procedures Committee
had stated last spring that there should be a second dredging. Now,
what was being said was that there should be a second dredging, but
nobody would be committed to it in the future; but if some future
Council decided ou a second dredging, then maybe the spoils should
be placed on the refuse disposal site. Councilwoman Pearson felt
there should be a "yea" or "no" situation since that was the honest
way to do it. She did not feel there was one Council person who
did not want to keep the Yacht Harbor open and who did not want more
dredg+ings; but the whole problem was where the spoils would be placed.
Councilwomen Pearson Nought there might be problems at the refuse
disposal site, and when the EIR was completed on the waste disposal
there could be a whole new situation. She commented that Mountain
View is really holding its Lands so they can have some place to put
their own garbage, and she did not think they would look kindly to
the idea of Palo Alto sending& its wet spoil! down to theme.
Councilmen Clay thought he understood Mayor Sher's amendment as recommend-
ing s second dredging with the contingency that there be a suitable
disposal site for the spoils,
Mayor Sher said there were two alternatives. One was that there should
be a second dredging, and the only question wawa where the spoils should
go. The other possibility is to not go to far *A to say there ahould
be a second dredging, but to not foreclose that ides; and the matter
of the second dredging would be addreeaed when the time for it arrives.
The latter was the intent.of Mayor Sher's amendment.
4 7 9
10/21/74
Councilman Norton stated that his interest in the substitute amendment
weakened as Mayor Sher explained it. He liked the Berwald amendment
because it was clear and unequivocal. The action taken in January
of last year by Council was also unequivocal in that it called for
a second dredging. Councilman Norton said it was clear that this
Council could not bind a future Council or the present one. The reason
for indicating a second dredging is to say to the county that the
city is of a certain frame of wind and would probably stick with it.
That is what the county ought to know, and that is what the city ought
to tell them. For those reasons, irrespective of where the dredgings
go - and Councilman Norton thought places could be found if there
were enough resolve to do so - he would vete against the substitute
motion and vote for the clear cut Berwald version. That version says
that tonight, in this Council's ,judgement, knowing that it cannot commit
itself or future Councils, it should he stated that there would be
tvo dredgings.
Councilman Rosenbaum agreed with Councilman Norton; but he did feel
the qualification needed to be put in ,somewhere that approvals would
have to be obtained, and it was not obvious that the dump site would
be available for this purpose. He thought such qualifications could
be added to Councilman Bervald's motion; and in his opinion, that
was the best way to go.
Vice Mayor Henderson said he did not feel Councilman Berwaid's amendment
we:rt far enough since it did not say anything beyond that there would
be a second dredging, and Mayor Sher's amendment was not really a
policy statement. He thought the proper- wording would be that it
was the policy of the Council that there be a second dredging providing
a suitable location is found for the spoils and the necessary permits
can be obtained.
The substitute amendment failed on the following vote:
AYES: Comstock, Pearson, Sher
NOES: Beahrs, Berwald, Clay,
Henderson, Norton, Rosenbaum
Csmacilmar Berwald stated that added to his amendment, which called for
tvo more dredging:, and changed the Pearson wording to "the spoils
from the first dredging, etc.", would be that there will be a second
dredging provided that a suitable disposal site can be found for the
spoils and that the necessary permits could be obtained.
The amendment passed on the following vote:
AYES: Beahrs, Berwald, Clay,
Henderson, Norton, Sher
Pearson, Rosenbaum
NOES: Comstock
Point 1) of the Pearson substitute motion as mended passed on the
following vote:
Ate: Bsahrs, Berwald, Clay,
Henderson, Horton, Sher,
Pearson, Rosenbaum
WOES: Comstock
4 8 0
10/21/74
Mayor Sher stated that Point 2) of the Pearson substitute motion regarding
the provisions in the October 7 letter from Helen Proctor was before
Council.
Councilman Beahrs asked if these provisions would create any problems
for the county that could not be surmounted.
Mr. Rockwell replied that in general they agreed with Mrs. Proctor's
recommendations, but they had some problems with incorporating Item
2) under Suggested Solutions on the Penalty for the Contractor on
the Encroachment on Trees. He thought that proceedings could go forward
on the intent of Mrs. Proctor's letter; and with proper controls,
all due care would be shown to the existing trees.
Point 2) of the Pearson substitute lotion passed on a unanimous vote.
Point 3) of the Pearson substitute motion passed on a unanimous vote.
Point 4) of the Pearson substitute motion passed on a unanimous vote.
Councilman Comstock referred to the improvements shown on the plans
for such things as benches and paths, and it seemed to him that since
the spoils would weed two or three years for compaction that it would
be that long before such improvements were begun. He asked if those
things should be left on the map when there was a real possibility
that none of those improvements would be implemented for some time.
Mr. Amyx responded that what Councilman Comstock said was true. With
wet spoile in there, work could not be done on the improvements for
a minimum of two or three years. However, as part of a Master Plan,
there should be some plan for the use of the area.
Mt Sipel counted that if Councilran Comstock wished to have some
development in that area prior to several years from now, that request
should be made directly to the county. It appeared that the county
was not amenable to that approach.
Councilman Comstock said the problem was that for a long time now, the
idea was held out to people that there would be parking and boat storage,
and year that area was continually usurped with wet spoils. Perhaps
that was not a big problem with the launching area, but he had seen
the other parking area - such as it is - fill up very quickly. He
asked if spoils could be put in up to where the proposed parking area
is shown, and if there were some way the county could begin to work
on some of the developments.
Mr. Amyx stated that with the claseaheli dredging that would be used,
it would not be possible to keep a clean area since the spoils spill
as the bucket swings over. He said he would have to have the county
engineers look at it to decide whither or not a section ofsome width
could be retained alone the north basin to accommodate anything prior
to the drying of the spoils.
Councilman Roeen►baua referred to the fact that Councilwoman Pearson
said the Master Plan was to be prepared according to the recommendations
of the Architectural. Review Board, and ill masse I (b) the ARB stated
that the city would authorize that a consultant be retained to develop
a new Paster Plan for the entire baylands eras, and a specific development
plat for the area in the harbor known a* the County's Phase 1 Improvement
Area. He asked if it were Coe cilwonan Pearson's intent that Council
authorize staff to go out and hire a consultant for the entire baylasids,
and in cooperation with the county, the city would work on a precise
plan for the more limited area.
481
10/21/74
Councilwoman Pearson agreed that Councilman Rosenbaum's understanding
was correct.
Councilman Rosenbaum thought this was exactly what Council ought to
be doing. The city had been going back and forth with the county
on this matter for many years, and he said it was time to cote to
an agreement as to just what the city thinks is acceptable in the
harbor area. This should be presented to the county with the hope
that an agreement could be reached on one development, and the sniping
back and forth could come to an end. Whatever goes within the harbor
area should be consistent with the Master Plan for the entire baylands.
He said he would like to amend point 5 (a) of Councilwoman Pearson's
substitute motion.
AMENDMENT: Councilman Rosenbaum moved, seconded by Sher, that a)
under 5) have added to it: with the understanding that the city will
consider the addition of new berths if (1) a long term solution is
found to dispose of the spoils, (2) expansion of the harbor is consistent
with the baylands master plan which is to be developed, and (3) expansion
of the harbor is consistent with the requirements of the Airport Land
Use Commission.
Councilman Beahrs said he would like to see the launching ramps moved
way from the bird watching area, and the traffic there held to the
west of the Yacht Harbor. He commented that the Sea Scotts might
be moved to the new berthIng area; and if the Yacht Club were moved
to Yacht Club Point, that problem was settled. Councilman Beahrs
felt that Councilman Rosenbaum's amendment contemplated flexible thinking,
ar.d he would support it.
Councilman Berwald asked Mr. Amyx to count on the relationship of
the proposed eighty-six new berths. to the total ester Plan as the
county sees it, to the economics of the harbor, and to its utility.
If you wanted to increase the use of the harbor, there you increased
the utility by adding more facilities. Councilman Berwald thought
the eighty-six berths were a modest addition that would make the Yacht
Harbor a more useful place.
Mr. Amyx said his comments related to what the intent for the baylands
was. He asked if the intent was that there be a harbor that would
attempt to meet the demand of the boaters, or whether barricades and
restraints were being placed upon it which wrou) d leave it as a maintenance
type of operation. He referred to the part of the motion that mentioned
the Airport Land Use Commission, and he said there could be different
understandings understandings of the authority of the ALUC. Mr. Arc stated that
it did not have authority over existing situations. The south basin
was dredged in accordance with a Master Plan and used for a harbor,
and whether or not the addition of berths change that situation :Ls
a matter of interpretation of the ALUC regulations. He said there
were also population density allowances within that area; and if there
is a rest.:iction on the number of people who could be in th=at zone,
the came would apply to the duck pond. Mr. Amyx pointed out that
the authority of the ALUC could be ovarriddee by a four -fifths vote
of the Council. This quescion would be brought up, and it needed
to be looked at. If the ALUC restrictions were going to be used as
a tool to cut off berths, that should be recognized right now.
Councilmen Berwald said a decision needed to be made as to whether
or rot the city wanted to have a Yacht Harbor, and he found nothing
in the ELR that said rho eighty-six berths would do any damage to
the genera/ oaylands area. He felt the city had a municipal integrity
to protect as far as the intent of the original contract was concerned,
and the lease clearly c....led for a regional Yacht Harbor. Councilmen
Berwald asked Councilman Rosenbaum if he would be willing to eliminate
that part of the Pearson motion that deleted the proposed eighty --six
berths.
482
10/21/74
Councilman Rosenbaum stated that it was his intent to say that Council
was not willing to approve the eighty-six berths, but that Council
was willing to consider them. He said he was really asking Mr. Amyx
and the county to bear with the city. In the past there had been
a Master Plan, and as long as it seemed to be far in the future, Council
never really looked at it very closely. The county had gone ahead
on the quite reasonable assumption that. the City wanted what they were doing
since the Master Plan had been approved. However, when it coma time
for implementation, then all the objections appear. Councilman Rosenbaum
was saying that the city would work with the county and develop a
plan. The city may decide it did not want eighty-six berths; and
at that time, the county might say that it did not want to support
a county Yacht Harbor. Personally, he thought the only real question
was one of parking. If that problem were solved, Councilmen Rosenbaum
thought the city could go ahead and agree to expansion; but he was
not prepared to make that decision yet.
Councilman Clay had reservations about the motion because there was
no time frame specified. He asked what the time frame was for putting
in the eighty-six new berths.
Mr. Amyx stated that the berth would be put in immediately after
the dredg?u6.
Councilwoman Pearson stated that she supported Councilman cosenbaum's
amendment, and she agreed with everything he had said regarding the
eighty-six berths. She pointed out that. the ALUC is a state mandated
Commission, and their duty is to make sure that land development did
not occur in the approach patterns of various aiports. Councilwoman
Pearson said they were not concerned with things that had already
been constructed, but the ALUC did not want any new things located
in the approaches. This subject would have to go before the ALUC,
and they would have to decide whether there was a conflict with their
policies.
Vice Mayor Henderson had said earlier that he would not support more
berths until the matter of disposition of future dredgings had been
solved. He understood that this was what Councilman Rosenbaum was
speaking to, saying that if disposal sites were located, additional
new berths would be considered. However, Vice Mayor Henderson was
concerned that no limit was mentioned, which meant additional new
berths of any number could be considered. With the understanding
that there would be limitations on parking, he would support Councilman
Rosenbaum' a amendment.
The amendment passed on the following vote:
AYES: Comstock, Henderson, Pearson,
Rosenbaum, Norton, Sher
NOES: Beahrs, Berwald, Clay
Councilman Rosenbaum stated that Mr. Amyx had mentioned quite correctly
that if there are changes in the Master Plan, a new EIR or a revision
to the present EIR would have to be prepared. The county had actee.
in good faith in preparing an EIR pursuant to a Master Plan that Council
had previously approved, and now Council was indicating a desire to
change the Master Plan. In view of that, Councilman Rosenbaum thought
it would be appropriate for the city to bear the cost.
4 8 .3
10/21/74
AMENDMENT: Councilman Rosenbaum moved, seconded by Comstock, that
section (d) be added to Point 5 of Councilwoman Pearson'e motion to
the effect that if changes in the }arbor Master Plan require revision
of the EIR prepared by the county, the city will pay for the changes.
Mr. Amyx stated that in his lay legal, opinion, the county would not
be able to do anything until there is a Master Plan and a new agreement
written to coincide with it.
Mayor Sher said it seemed to him that the county representatives had
suggested that many of the items could be put off until at least that
one condition on the long term solution for the spoils had been met.
Therefore, why not put off the things in the hinter Plan attached
to the lease subject to the suggested overall Master Plan.
Mt. Amyx said that in his opinion, nothing cold be done until a new
Master Plan had been adopted and a revised lease had been drawn up,
Mayor Sher noted that two weeks ago when he asked about the time frame,
P'tr. Amyx had .&aid nothing could be done for at leant nine months anyway
until the permits were aval.labl.e. Someone had also suggested that
the Master Plan might take a year.
The amendment passed on a unanimous vote.
Point 5) of the Pearson substitute motion as amended passed On the
following vote:
AYES: Beahts, Berrwald, Comstock,
Henderson, Norton, Pcsrann,
Rosenbaum, Sher
NOES: Clay
MOTION: Mayor Sher moved, seconded by Pearson, that the revised lease
agreement with the attendant Master Plan reflecting the action taken
at this meeting be approved.
The motion passed on a unanimous vote.
MOTION: Mayor Sher introduced the following ordinance and moved,
seconded by Pearson, its approval for first reading:
ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO APPROVING AND ADOPTING
PLANS FOR THE IMPROVEMENT OF THE PALO
ALTO YACHT HARBOR
which woe.1d include the actions taken at this meeting.
Councilman Comstock referred to an article in the Palo Alto Tiaes
that was headlined, "Boater -- Birdwutcher Skirmish"; and he thought
it might have been more properly labeled "Boater and Birdwatcher versus
lfud Skirmish". The concern he had hoard about over the pact few weeks
wean a commonly held concern about the mud. Oat group was concerned
because the mud prevents sailing; and the other group was concerned
that when the mud is removed to enhance sealing, it was likely to
be put in the wrong place. Counciiaeaa Comstock fait it vas necessary
to remind the public that Council had tried to struggle with the issue
484
1O/2I/74.
on that kind of a basis, and some of the comments made might have
appeared abrasive to one group or the other. Some legitimate issues
had gotten short shrift, and that is the nature of the physical development
in the area of the YachtRarbor, the duck pond, and the Nature Center.
These issues had been submerged because efethe preoccupation with
the dredging problem, but it should be noted that substantial changes
had been made in the lease lines from the way they were originally
conceived. Councilman Comstock commended his colleagues and the public
for the time spent on this problem, and for the interest shown in
reaching some sort of a volution to the problem. he did not feel
sure that the problem was solved even now, but he thought appreciable
improvement had been made on the range of solutions that had been
contemplated eight to twelve years ago. Councilman suggested that
everyone who had spent so much time and effort not consider that the
problem was solved. Personally, he bad learned the lesson that problems
are better faced than put aside because they only get bigger and more
complex. Councilman Comstock thanked staff, Council, and the public
for their fantastic participation; but he did feel that just as much
work remained to be done as had been done, and he asked that interested
persons continue to involve themselves.- The public needed to keep
reminding Council about what its obligations were, not only to the
natural environment, but to the objective of achieving constructive
recreation without doing it to the cost or detriment of other people's
interests.
Miss Norek stated that staff would want to bring the lease agreement
back to Council for final approval, probably when the ordinance was
approved for second reading.
The ordinance was approved for first reading on a unanimous vote.
MOTION: Councilman Norton moved, seconded by Berwald, that :any communica-
tion to the county accompanying what had been done over the past recent
meetings emphasize Palo Alto's determination to try to keep the harbor
open and participate cooperatively in achieving short and long term
engineering solutions to the "Yacht Harbor Problem" and to help maintain
the Yacht harbor and its environment as valuable regional assets.
Councilman Comstock asked if Councilman Norton would be willing to
add wording to the end of his motion to the effect that Council is
very serious in its intent to accomplish this objective without further
degradation or encroachment on the natural and marsh environments
cf the Yacht Harbor area. Councilman Comstock said he was thinking
specifically of marsh areas that are now either subject to tidal action
or are bay meadow marsh; and he wanted to make it quite clear as Councilman
Norton had in his part of the motion, that the Council is also very
serious that there would be no filing of any more marsh areas.
ADDITION TO MOTION: Councilman Norton agreed that the wording, "and
City Council is equally serious about its intent to accomplish this
vithout filling any additional marsh areas", be added to the end of
his motion; and Councilman gersald concurred.
Mr. Sipel asked if this motion concerned itself only with the Yacht
Harbor or whether it extended to the refuse area. There were forty
acres of marsh area that staff was proposing to fill for the refuse
disposal program, and he wondered if Councilman Comstock wanted to
include that.
Councilmen Comstock said he intender',- his addition to the motion to
•
apply to the discussion and the actions taken on the
His implication in. the motion was that mud, would not
of the Yacht Harbor and put down any place except in
area - the dump, or Yacht Harbor Point.
Yacht Harbor.
be taken out
already filled -
1
485
10/21/74
Councilman Beahrs stated he was sympathetic to the motion, but he
was inclined to consider trade-offs once in a while. Personally,
he would be agreeable to filling marsh if an equivalent area could
be reconstituted in marsh land over a period of a number of years
if that meant achieving a more attractive, rationalized, and appropriate
development.
The motion passed on the following vote:
AYES: Ber;ald, Clay, Comstock,
Henderson, Norton, Pearson,
Rosenbaum, Sher
NOES: Beahrs
Councilman Rosenbaum referred to Mr. Amyx's comments regarding the
inability to proceed until the development of a new Master Plan.
He said this certainly had not been his intention, and it was:, not
the intention of the Yacht Club which had indicated it had approved
of the recommendations of the Architectural Review Board. Councilman
Rosenbaum had hoped this matter would go to the Board of Supervisors
as soon as possible; and after securing their approval, permits would
be gotten from BCC and the Corps of Engineers. The new Master Plan
was something that he understood would be developed in the future,
and certainly the dredging would not be held up until the Master Plan
was worked out.
Amyx thought that the lease would have as a part of it the Master
Flan to which all the construction must adhere. The radical changes
that 114-4 been approved made him feel that nothing could be done until
an agreement had been reached on a Maste' Plan.
Mayor Sher suggested that since the lease would be revised in one
respect, the boundaries, that it would be quite possible to revise
it to reflect the city's willingness to have the county go forward
with the present dredging and await .any future development until the
Master Plan hae been agreed upon.
Councilman Rosenbaum expressed the hope that something along those
lines could be worked out, and that a piece of paper would not prevent
dredging operations from proceeding as soon as possible.
Mayor Sher thought this was one of the things that would be seen when
the lease case back before Council.
Councilman Remold asked when the lease would be back before Council.
+.a. Norek responded that the lease would be ready in tiro to four weeks.
Mayor Sher asked if this meant that staff had to talk to the county
before Council could make the proposed amendments to the lease. The
tents would have to he taken t;) the Board of Supervisors, but:
Mayor Sher assumed they would not be taken until Council had approved
them.
Mr. Sipel felt city staff would want to talk to the county representatives
about the substantive provisions in the proposed changes, and that
may take some time.
Councilman Berwaid stated that he would like to see this matter receive
very high priority on the part of both the city and county staff.
486 L =,
10/21/74
Councilwoman Pearson hoped she was not hearing that when the lease
and the ordinance came beck that the whole subject would be opened
up again with amendments, etc. She considered that would be a disaster.
Mayor Sher thought that at this meeting Council had approved a revised
lease showing the actions that had been taken. Perhaps Mr. Seel
was suggesting that in working out the laoguage to reflect the action
taken, there may be some discussion between the two staffs. In any
event, there was no room for changing the proposed lease other than
in accordance with the actions that Council had taken tonight. Miss
Norek suggested that Council should see the language of the lease,
but that did not mean that the whole subject was open when the lease
was presented to Council.
Councilwoman Pearson warned everyone that in similar situations in
the past, embers of Council did make amendments to what had been
considered final documents. She did not want to go through several
more hours of amending the lease, and she hoped no one would attempt
that.
Councilman Beahrs asked the interested members of the audience to
transfer their lobbying efforts to the Board of Supervisors and then
again to the Palo Alto City Council.
Executive Session
Mayor Sher announced that at the Executive Session the appointment
of Marian tiller to the PACDA3 Board had been approved.
Pesolution re Propoa cis:; 17
NOTION: Councilman Con took introduced the following resolution and
moved, seconded by Henderson, its adoption:
RESOLUTION N0. 5013 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
SUPPORTING TTRE PASSAGE OF PROPOSITION 17
(AN INITIATIVE MEASURE TO ENACT THE
STANISLAUS RIVER PROTECTION ACT OF 1974)
ON THE NOVEMBER 1974 BALLOT FOR THE
STATE OF CAL I FORNIA"
Councilman Beaters stated that he could not support this resolution
because he did not think the arguments in favor of it were completely
sound, and he was not pleased with the idea of supporting the interests
of a small group of elitists compared to the thousands of persons
who could enjoy the recreational facilities that would be offered
by this development.
Councilman. Comstock commented that this project had its origin in
a more modest flood control dame proposal, and it brought to wind a
similar, chain of events that o.curred with Ladera Dam. That was a
situation where a modest flood control proposal was escalated to include
many other kinds of things, when the demonstrated need for the dam
was nothing of that sire and scope. Councilman Comstock stated that
the issue of a small group of elitists being the only ones who would
be nerved by the passage of Proposition 17 is an over -simplification.
Me urged his colleagues to vote for the resolution.
487
10/21/74
Councilman Berwald said that personally, he was in agreement with
the resolution and would support it privately; but he would not take
a position on it in the voting since it was not a municipal matter.
Mayer Sher stated that he would also abstain since he felt it was clear
this was not a municipal matter.
Tte resolution was adopted on the following vote:
AYES: Comstock, Henderson, Pearson,
Norton, Rosenbaum
NOES: Beahrs, Clay
ABSTAIN: Berwald, Sher
Resolution re E ease Allowances for
o ' Arc teectuxaMtrew Board
MOTION: Mayor Sher introduced the following resolution and moved,
seconded by Berwald, its adoption:
RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING RESOLUTION NO.
4825, WHICH ADOPT5.D AN EXPENSE ALLOWANCE
SCHEDULE FOR MEMBERS OF THE CITY COUNCIL,
ARCHITECTURAL REVIEW BOARD, HUMAN RELATIONS
COMMISSION, AND PLANNING COMMISSION
Mary Cottrell, Chairwoman of the Human Relations Commission, stated
that the members of the Human Relations Commission incur lust as many
expenses as the members of the Planning Commission atd the Architectural.
Review Board. She pointed out there were a number of expenses that
came up which the ambers did not feel they could submit vouchers
for. M. Cottrell expressed concern that persons with limited incomes
would not be able to serve on the Commission if they did not receive
an expense allowance, sad she pointed out that the $25.00 atiperd
did cover some of the incidental expenses.
Vice Mayor Henderson stated that in his opinion, the Human Relations
Commission held the same position as the Plaaning Commission and the
Architectural R.evieu Board. They were eatitled to receive $25.00
per month, so he would vote against the resolution.
Councilwoman Pearson urged her colleagues to vote against the resolution.
She pointed out that the members of the Commission wanted to do a
service for the city; and although they felt they should have the
expense allowance, they were a little embarrassed to ask for money.
Councilwoman Pearson noted that the members of the HRC spe3+t a lot
of time out in the field, driving their cars, and making telephone
calls. The HRC deserved the very sauce treatment as the Pla;nniig Commission
and the Architectural Review Board.
Councilman Comstock commented that when this was voted on at the September
18 meeting, he left the nesting thinking t4.st be had taken the position
that he continued to support as expense allowance for the }.luaan Relations
Commission but waa not supporting an esperee allowance for the Rental
Housing Mediation Task Force. Things did not cue out that way at
that meeting, but he wanted it to be that way; therefore, he would
vote against the resolution.
4 8 8
10/21/74
Mayor Sher recalled that this matter was done on an experimental basis,
and it was subject to review after six months. A strong response
came from the Planning Commission and the ARB; but as far as the HRC
was concerned, there seemed to be a difference of opinion Now he
understood that there was a general feeling among the members of the
HRC that they were unwilling to submit vouchers, which would be his
preference. However, he was now willing to accept the position of
the members which had not come across in any way when Council previously
considered the matter. Mayor Sher would vote against the resolution.
In regard to any other bodies, Mayor Sher would vote that their expenses
be taken care of on a voucher basis.
The resolution failed on a unanimous vote.
4
leam c t t :naeai (C14111530:4)
MOTION: Councilman Comstock introduced the following resolution and
moved, seconded by Henderson, its adoption:
RESOLUTION NO. 5014 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
ORDERING THE VACATION OF CERTAIN PUBLIC
UTILITIES EASEMENTS"
Me resolution was adopted on a uuaniraous vote.
Downtown Universit • Avenue
t ( :548:4)
Clark Congdon, 270 University Avenue, stated that this idea came about
as the result of cars burning into the new tree islands and to fulfill
the need for additional parking at little or no increased cost.
Don Douglas, 355 University Avenue, asked Council to approve the diagonal
parking experiment. He felt that many women did not shop in the downtown
area because they could not park, and he had seen a number of women
look at the islands and the parking space available and then drive
off to shop somewhere else.
Councilman Beahra asked if this project would use up too much space
for the safe movement of traffic along the road.
Mr. Sipel responded that there were pluses and minuses about going
to a system like this, but staff felt it wan worth studying. Mr.
Noguchf.. had worked with the merchants in establishing an appropriate
angle for the parking. Mr. Sipel pointed out that the California
Avenue area had diagonal parking, and he waa not aware of any problems
there of a severe nature.
Councilman Bee.hrs stated that he thought he was a better driver than
most women, and he still preferred the diagonal parking.
Councilwoman Pearson commented that site could parallel park as well
as any man.
489
10/21/74
MOTION: Councilwoman Pearson introduced the following resolution
and moved, seconded by 9eahrs, its adoption:
RESOLUTION NO. 5015 entitled "RESOLUTION
or THE COUNCIL or THE CITY OF PALO ALTO
APPROVING AND ADOPTING AN EXPERIMENTAL
DIAGONAL PARKING PLAN ON UNIVERSITY AVENUE
BETWEEN BRYANT STREET AND WAVERLEY STREET"
Vice Mayor Henderson referred to the statement made in the staff report
that this was a timely opportunity for the experiment because of the
rerouting of traffic. He asked if the rerouting of traffic would
be continued indefinitely,
Mr. Sipel replied that drivers could go down University Avenue if
they so desired, but they would be encouraged to use Lytton and Hamilton
Avenues.
Councilman Clay asked why diagonal parking on both sides of the street
was not being considered.
Mr. Sipel responded that Mr. Noguchi felt there was not enough room
for that kind of a proposal.
The resolution waa adopted on a unanimous vote.
Oral Communications
1. Emily Renzel, 1056 Forest Avenue, thought it would be
helpful to have an "X" on the islands that could be
used as a guide when parking. There was no "X" on
the street for guidance, and it was not possible to
see the island.
Adlour .nt
The continued meeting of October 7, 1974, :adjourned at 11:00 p.m.,
October 21, 1974.
Re;ular Meetin; of October 21 1974
The City Council of the City of Palo Alto met on this date at 11:00
p.n. in a regular meeting, with Mayor Sher presiding.
Present: .Beabre, Berweld, Clay,
Comstock, Henderson, Pearson,
Norton, Rosenbaum, Sher
M utate of September 30, 974
Mayor Sher stated that Hr. Iiaphtali Kno*q Director of Planning, had
requested that the words "more than" be daelated from the fourth line
from the bottom of the fourth full paragraph on page 337.
490
10/21/74
Vice Mayor Henderson referred to the second paragraph on page 320
and requested that the words "concerning Fire Zone 1 study" be added
in the first line after "recommendation"; and in the last line, "Finance
and Public. Works Committee" should be changed to "Council". In the
paragraph immediately following, the word "committee" in the second
line should be changed to "Council".
Councilwoman Pearson referred to the third sentence from the bottom
of page 321 and asked that it be changed to read as follows: "Councilwoman
Pearson explained that Council had before it a recommendation that
the Palo Alto Housing Corporation, with staff, develop a detailed
proposal to be referred to -the Policy and Procedures Committee".
The wording in the next sentence, "Then the Policy and procedure Committee
would have something to really look at" should be deleted. The following
word, "the", should be capitalized and become the first word of the
next sentence. She further asked that the word "complete" be inserted
before the word "proposal" in the last sentence. Councilwoman Pearson
requested that the word "is" be changed to "far" in the seventh line
from the bottom of page 335.
Councilma-n. Clay asked that the eighth line from the bottom of the
first paragraph on page 327 be changed to read: "he extent to which
the city would obligate its full faith and credit,". Councilman Clay
requested that the word "parlor" be inserted after "massage" in the
third paragraph from the: bottom of page 332. Referring to the next
to the last sentence can page 339, Councilman Clay asked that it be
corrected to read: "Further, it was his understanding that new apartment
units would be added to the vacancy rate, but apartment units which
may have become vacant since the last count would not be considered."
Councilman Clay asked that the second paragraph on page 340 be changed
to read: "Councilman Clay asked why new units would be added which,
in effect, produced a new count, while not considering that there
may be other units available".
Mayor Sher requested that the word "so" in the next to the bottom
paragraph on page 330 be deleted, and the words "his understanding"
be insetted.
MOTION: Councilman Comstock moved, seconded by Henderson, that the
minutes as revised be approved.
The motion passed on a unanimous vote.
MOTION: Councilman Comstock moved, seconded by Henderson, that Item
7, Flood Basin Mitigation Project, and Item 8, Refuse Disposal Area:
Lagoon ?iitigetiou Project, be moved forward on the agenda for discussion.
The motion passed on a unanimous vote.
•
in Miti_atiou Pro ec
t ( :5
eiT ( •Sb5:4
Councilmen Norton suggested that in Stage A some wording be added
to the effect that the investigation also consider restoring the original
route of Matadero Creek by rechannei.ing it through the Yacht Harbor,
with the primary tide gateu situated there for .increased Yacht Harbor
flushing action. He asked staff if this would unduly add to Oa study.
4 9 1
10/21/74
Mr. Sipel responded that this particular possibility had been discussed
with the proposed consultant; and originally, it was to be a part
of this study. For the sake of simplicity, the two had been divided;
and the county had indicated at the staff level a willingness to pursue
funding tar such studies through the Board of Supervisors. Mr. Sipel
said the study would be about a $5,600.00 one.
Councilman Beahrs suggested that any and all possibilities be explored
of getting flushing action through the Yacht Harbor; for example,
opening the flood basin to tidal wash. He thought engineers might.
be able to come up with some ideas where a tremendously accelerated
flow could be gotten in or out that would reduce the siltation problem
substantially.
MOTION: Councilman Comstock, with regard to the Flood Basin Mitigation
Project, moved, seconded by Beahrs, that Council find that the environment-
al impact will not be significant; introduced the following ordinance
and moved its adoption:
ORDINANCE NO. 2924 entitled "ORDINANCE
OF THE COUNCIL OF :HE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR
1974-75 TO PROVIDE AN ADDITIONAL $39,650
IN THE REFUSE UiIL1IY FUND FOR MARSHLAND
MITIGATION EFFECTS IN THF. PALO ALTO FLOOD}
BASIN"
and moved that the Mayor be authorized to execute the agreement with
Water Resources Engineers in the amount. of $39,650 to undertake a
"computer simulation and analysis of marshland effects in the Palo,
A.ro Flood Basin".
Councilwomen Pearson asked if Water Resources Engineers had been involved
in this project in the other report.
Bernard Pawloski, Director of Public Works, said that Water Resources
Engineers had done considerable work in the area; and they had worked
with several agencies with whom the City had been involved. They
had done water quality and models of the San Francisco Bay Delta System,
a mathematical model of the Monterey Bay Ecu System, and they have
a lot of experience in this -field.
Councilwoman Pearson referred to Task 5, the analyzing of the sedimentation
effects in the flood basin, and she wondered if this could be applied
to the whole problem in the basin. Specifically, Councilwoman Pearson
wanted to kaov if this would just have reference to the flood basin
and not in the Yacht }arbor area. She brought up this point since
they seemed to be addressing themselves to one,of the main problems
in dredging.
Mr. Pawloski responded that in the study of the Yacht harbor system
with regard to diverting water from the flood basin to the Yacht Harbor,
sedimentation analysis would enter into the picture.
Councilwoman Pearson asked if Water Resources Engineers were confident
they could get the information to do this.
Mr. Pawloski said that one of the persons on the team with Water Resources
Engineer is a renowned specialist in California on _sedimentation analysis.
4 9 2
10/21/74:
Councilwoman Pearson brought this out because the city had been told
consistently by the county that there are no answers to the sedimentation
problem.
Mr. Pawloski explained that the degree of sedimentation and the impacts
of that were the things that would be identified. He did not think
the consultants would come up with an answer as to what could be done
about sedimentation.
Councilwoman Pearson noted that you could not even get those kinds
of answers from the county, but only that nothing was known about
it.
Councilman Berwald asked how many firms were asked to subm3t a proposal.
Mr. Pawloski replied that as a result of discussions with a group
of competent, qualified consultants in this line of work, staff determined
there were two consultants who would be capable of doing the project.
Staff solicited proposals from those two consultant:. One consultant
submitted a proposal and then withdrew it because he could not meet
the tight time schedule.
Councilman Berwald asked .if ?here were no ether consultants interested
in submitting a proposal.
Mr. Pawloski agreed, and he added that staff could find no others
who were qualified.
The three-part notion passed on a unanimous vote.
MOTION: Councilman Comstock, with regard to the Lagoon Mitigation
Project, moved, seconded by Henderson, that Council find that the
environmental impact wilt not be significant; introduced the following
ordinance and moved its adoption:
ORDINANCE NO. 2925 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR
1974-75 TO PROVIDE AN ADDITIONAL $12,000
IN THE REFUSE UTILITY FUND FOR LAGOON
MITIGATION WORK"
and that the Mayor be authorized to execute the amendment to the Engineering -
Sic ienc
e contract.
Councilwoman
to the Yacht Ha
very limiting. Sh
mitigating structure c
be coutidered.
Pearson mentioned the two pipes which connect the lagoon
rbor, and said the point was often made that this was
thought perhaps a bridge or some other type of
ould be placed there, and she hoped that would
Fred Looper of the Light and P
the lagoon to tidal action would p
somewhat out of phase with the actual
By constant circulation in the lagoon, a
be left to go through the lagoon. A natural
on both sides, and you would have a mud flat.
end would be changed; and the engineering analysis
big it would be, and lust what the couf iEuration woul
er Department said the intent of opening
robably be a simulated tidal action,
tide in order to achieve circulation.
smaller amount of water would
marsh would build up
The structure at the
would state how
d be.
1
1
''493
10/21/74
Councilwoman Pearson hoped that staff was not ruling out something
that could be more interesting than the two big pipes.
Mr. .Loper responded that they were not ruling oi.t that possibility
at all.
Councilman Berwald asked if this contract went only as far as the
analysis or if it included design as well..
Mr. pavloski responded that this would include engineering design,
plans, and specifications.
Councilman Berwald asked if this meant everything was included up
to construction.
Mr. Pawloski replied affirmatively.
Councilman Ben:=a1d asked if any other consultant had been sought to
make a proposal on this.
Mr. P.wloski said there were two major considerations. One of these
was time because the city was under a serials time constraint with
the Corps of Engineers since a commitment had beer, made to do it,
not just examine the feasibility. The other consideration was that
whoever would do if, needed to be well qualified. Staff believed that
Engineering Sciences was qualified to do the work; and in the interest
of time, staff selected them as the consultants.
Councilman Berwald stated he was not completely satisfied with consultant
selection procedures. He recalled that a few year€ back Finance and
Public Works Committee had a good deal more to do with discussions
with the City Manager as to the selection of consultants. For one
thing, Councilman Berwald rather enjoyed that area of the work; and
also, he knew there were a number of competent people in this area,
and he would like to see them get a little business once in a while.
He said he was not making any final judgments, but he had some real
reservations about the method by which consultants were selected.
Mr. Sipel responded that he thought ataff did some very complete work
on the consultant selection process. A very lengthy report was sent
to Council, and it was in committee. As soon as the committee was
ready to aaendize it, staff would be pleased to discuss the points
motioned by Councilman Berwald. Mr. Sipe1 felt the selection of
the consultants in these two particular cases was in accordance with
the general procedure.
Councilman Comstock stated that he would not want to see contracts
go to local firma simply because they were local firrs, but that the
contracts would be awarded according to the merits of the fins.
Councilman Berwald agreed with this statement.
The three—part motion passed on a 13nanimous vote.
4 4 4
10/21/74
Ordinan re C nit Housin Iitc1�udin
ore oee iuma Co un t A'artmments Stock
oo.eda ves An • anne *
MOTION: Councilwoman Pearson introduced the following ordinance and
moved, seconded by Comstock, its adoption:
ORDINANCE NO. 2921 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING CHAPTER 16.38 AND CHAPTER 21.33
TO TIE PALO ALTO MUNICIPAL CODE, RELATING
TO COMMUNITY HOUSING, INCLUDING CONDO--
MINIUMS, COMMUNITY APARTMENTS, STOCK
COOPERATIVES, AND PLANNED DEVELOPMENTS"
The ordinance was adopted on the following vote:
AYES: Beahrs, Clay, Comstock, Pearson,
Henderson, Rosenbaum, Sher
NOES: Berwald, Norton
Ordinance re Ira .rovement of Police
t `
MOTION: Councilman Berwald introduced the following ordinance and
moved, seconded by Comstock, its adoption:
ORDINANCE NO. 2922 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR THE
IMPROVEMENT OF tHE POLICE PISTOL RANGE
IN BYXBEE PARE AND CITY Oi-INED BAYLANDS
(AKA JOHN FLETCH.ER BYXBEE RECREATION AREA)
Councilman Norton thought that the last time this subject was discussed,
staff was talking in terms of a temporary pistol range. It now appeared
to be fairly permanent, and he asked what the intent was.
Mr.. Sipel responded 1:hat. Staff had an assignment to pursue the possibili-
ty of a regional facility. For the neat several years, Byxbee Park
would be used in its present configuration; and there would be no
additions with the possible exception of some landscaping around it.
Councilman Norton expressed the hope that this was not a forever thing,
because he was not sure he was in favor oY that.
Mayor Sher said Council had voted to have staff look to the other
communities for a Joint effort, but he thought it was necessary to
go forward because of the Park Ordinance and approve the pistol range
in ordinance form.
Councilwoman Pearson stated that Was exactly why she would vote against
it. The whole area out there was fairly complete as a park, and then
right in the middle of it is this pistol range. It was even addressed
in the EIR ae not being a perticulsrly pleasant thing to have in the
middle of the baylands park area. Councilwoman Pearson felt it should
be left the way it is and not except it from the Park Dedication Ordinance,
but wait and see what happens on a regional basis outside of the city's
own baylands peer}:.. For instance, there, was the possibility of having
it in the Los Alton Sewage Treatment area.
495
10/21/74
The ordinance was adopted on the following vote:
1
AYES: Beahrs, Berwald, Clay,
Henderson, Norton,
Rosenbaum, Sher
NOES: Pearson
ABSENT: Comstock
Ordinance re Renamin Lane 13--E_
MOTION? Vice Mayor Henderson introduced the following ordinance and
moved, seconded by Beahrs, its adoption:
ORDINANCE NO. 2923 entitled "ORDINANCE
OF THZ COUNCIL OF THE CITY OF PALO ALTO
RENAMING LANE I3 -E, COMMONLY KNOWN AS
ALLEY 13, AS PAULSEN LANE"
The ordinance was adopted en a unanimous vote. (Comstock out)
Resolution re Endorsement of
MOTION: -Vice Mayor Henderson introduced the following resolution
and moved, seconded by Clay, its adoption:
RESOLUTION NO. 5016 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
ENDORSING PROPOSITION 15 ON THE
NOVEMBER STATE GENERAL ELECTION
BALLOT WHICH WOULD REPEAL ARTICLE 34
CONCERNING LOW RENT HOUSING PROJECTS"
Councilman Beahrs expressed concern because this proposition stated
that there could not be a. vote of the electorate on low cost housing
propositions; and if the city did not have a vote, then be wanted
to know iho would vote.
Mayor Sher said he understood that if Proposition 15 passed, then there
would be no requ lrem¢ent that there must be a vote.
Me. Norsk did not believe that the effect of Preposition would be terribly
drastic. Perhaps there would be a question if the state bought land
in Palo Alto and wanted to put up a zoned project. In such a cave,
the City Council might not have much say in the matter. Normally,
what vas being talked about was city money, or federal plus city money,
where the Council would have a great deal to say. The people would
also have referendum power.
The resolution was adopted on the following vote:
Ah ES : Clay, Comstock, Henderson,
Norton, Pearson, Rosenbaum, Sher
NOES: Beahrs
ABSTAIN: Berweld
496
10/21/74
Child Care Contras` Amendment (CMR:571:4)
MOTION: Councilman Comstock moved, seconded by Pearson, that the
)ayor be authorized to execute the amendment to the contract.
Vice Mayor Hendersur said it looked as though the city was saving
some money. The income from the county was being reduced by $21,000;
and the budget was being reduced by $35,000, so the city was $14,000
better off than it was at the beginning of the year.
Carleen Bedwell, Assistant to the City Manager, stated that one figure
in the report was the city and county figure; and the other figure
was one for the entire program which includes user fees. The contract
between the corporation and the city did not include user fee money,
thus the compensation figure involves city and county funds which
the city will dispense. $35,000 was not being raved, but there was
an adjustment in the $21,000 figure.
Vice Mayor }ienderson`s understanding was that the budget was down
$35,000; but there would be less user fees, and that would offset
the drop in the budget.
Councilman Beahrs was concerned that the county did not contribute
to rsix of the categories, and he did not recall that there was such
a disparity in support between the city and the county.
Mrs. Bedweil explained there are elements in the program which the
county did not fund, and which it was not supposed that the county
should fund. Their funding to the corporation is for the lent income
user in the program. It was not possible to predict accurately the
low income element; therefore, it was simpler to request funding from
the county only on certain coalponents.
Councilman Beahre asked if the county would ever contribute any money
to the sin; categories.
Mrs. Bechtel' said the program at this point extended only to June
of 1975. Anywhere in the program where there are low income users,
the county will reimburse the city for the expense, it is anticipated
that the mentioned areas are the ones that will qualify for county
funds.
The motion passed eon a unanimous vote.
Barron Park Annexation (CMR:575:4)
MOTION: Councilman Comstock moved, seconded by Berwald, that Council
refer the setter of Barron Park annexation to the Planning Commission
for the specific purpose of reviewing urban services area, sphere
of influence, and boundaries of the area.
The referral motion passed on a unanimous vote.
4 9 7
10/21/74
Re•oast of Councilwoman Pearson re Traffic
o u on n rescent ar rea re et ton
r
Councilwoman Pearson said that she had received a petition asking
that one of the streets in Crescent Park be closed, but the person
responsible for the petition said she would be willing to consider
other solutions.
NOTION: Councilwoman Pearson moved, seconded by Henderson, that this
matter be referred to staff for a quick response.
The motion passed on a unanimous vote.
Oral Communications
None.
Ad ; o u rna�ers t
Mc meting of October 21, 1974, adjourned at 11:40 p.m.
ATTEST:
4 -
City Cler'i
APPROVE:
Mayor
498
10/21/74