HomeMy WebLinkAboutStaff Report 2302-09421
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Community Services
Meeting Date: April 3, 2023
Report #: 2302-0942
TITLE
Parks and Recreation Commission Recommend Adoption of a Park Dedication Ordinance to
Dedicate the 10-acre Measure E site as Parkland. CEQA status – not a project.
RECOMMENDATION
The Parks and Recreation Commission (PRC) recommend that City Council adopt a Park
Dedication Ordinance (Attachment A) to dedicate the 10-acre parcel at Byxbee Park, also known
as the Measure E site, as parkland.
BACKGROUND
On April 5, 2010, City Council directed staff to initiate a feasibility study for an Energy/Compost
Facility in Palo Alto. On October 3, 2011, a Final Feasibility Report was presented to City Council
(Staff Report1). The Feasibility Report recommended that if a 10-acre parcel at Byxbee Park
became available through the passage of Ballot Measure E, then the City should take further
actions to consider anaerobic digestion and other technologies for managing the City’s food
scraps, yard trimmings, and biosolids at the site. In November 2011, Palo Alto voters passed
Measure E, which removed a 10-acre parcel of land adjacent to the Regional Water Quality
Control Plant from dedication as parkland for a 10-year term, only for the limited use as an
Energy/Compost Facility. The 10 acres were reserved exclusively for this purpose until November
2021, at which time the City Council could choose to return the area to parkland.
Key Sections from Ballot Measure E (Resolution) include the following:
•The Property shall be removed from dedication as parkland, for the exclusive purpose of
building a facility (“Facility” herein) for converting yard trimmings, food waste, other
1 City Council, October 3, 2011; Agenda Item #10; SR #2037,
https://www.cityofpaloalto.org/files/assets/public/from-archive/agendas-minutes-reports/reports/city-manager-
reports-cmrs/2011/id-2037.pdf
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municipal organics and/or sewage sludge from the regional wastewater treatment plant
by biological and/or other environmentally equally protective technology.
•Ten years from the passage of this Initiative, the City Council may rededicate any portion
of the Property not utilized for the purposes of this Initiative to parkland.
•Any other use, except for parkland, would require a new vote of Palo Alto residents.
On December 8, 2014, City Council directed staff to not pursue the development of a compost
facility (Staff Report2). After an extensive process of requesting and evaluating proposals, staff
concluded the compost facility was not cost effective. Palo Alto’s yard trimmings and food scraps
are instead taken to a dry anaerobic digester in San Jose. On October 26, 2021, Public Works staff
presented an update on Measure E (presentation3) to the Parks and Recreation Commission.
The Council approved PRC Work Plan4 includes a goal (#6) to identify, review, and recommend
potential sites within our community to dedicate as parkland. The high priority of the goal is to
review and make recommendations regarding potential dedication of the 10-acre Measure E site
at Byxbee Park.
The Measure E site is bordered by the Regional Water Quality Control Plant, Emily Renzel
Wetlands, and Byxbee Park (Attachment B). Approximately, one-third of the 10 acres is relatively
flat terrain (from the exterior fence of the Regional Water Quality Control Plant to just beyond
the service road), and the remaining two thirds is on a sloped hillside adjacent to Byxbee Park,
which is the closed landfill. There is a Public Works post landfill closure maintenance facility on
the Measure E site. Maintenance infrastructure, like these facilities, can be found in several parks
and open space areas. This maintenance facility and the access road were in their current location
(on parkland) prior to the 2011 Ballot Measure E.
ANALYSIS
On September 27, 2022, the PRC discussed and provided feedback regarding the dedication of
the 10-acre Measure E site as parkland (Staff Report5). The PRC voiced support for dedicating the
site as parkland. On October 25, 2022, the PRC voted 4- 2 to recommend that City Council
2 City Council, December 8, 2014; Agenda Item #14; SR #5182,
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2014/id5182.pdf
3 Parks and Recreation Commission, October 26, 2021; Agenda Item #4;
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and-
recreation-commission/agendas-minutes/2021-agendas-and-minutes/measure-e-site-prc-10-26-2021.pdf
4 Parks and Recreation 2022-2023 Work Plan; https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/agendas-minutes/parks-and-recreation-commission/parks-and-recreation-commission-2022-
work-plan.pdf
5 Parks and Recreation Commission, September 27, 2022; Agenda Item #3;
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and-
recreation-commission/agendas-minutes/2022-agendas-and-minutes/09.2022/measure-e-staff-report-
09.27.22.pdf
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dedicate the Measure E site (Staff Report6). The Ad Hoc Committee articulated the following
reasons for pursuing the parkland dedication:
•The Measure E site can only be used for the exclusive purpose of building a processing
facility for yard trimmings, food waste and other organic materials.
•Any non-parkland use, other than the one exactly specified in Measure E, would require
a new vote of Palo Alto residents.
•Neither the Public Works nor Utilities Departments currently have plans for the Measure
E site.
•The Measure E site includes a wildlife habitat corridor between the Renzel Wetlands and
the Bay that should be protected, and a trail connection for a loop around Byxbee Park.
•As dedicated parkland, the Measure E site would be limited to “park, playground,
recreation, or conservation purposes (as defined by Article VIII of the Palo Alto City
Charter). Dedicated parkland can't be used for non-park purposes unless a majority of the
City's voters vote to un-dedicate the land.
The two Commissioners with dissenting votes suggested that the City do more research before
concluding whether the site is a potential location for a processing facility for yard trimmings,
food waste, and other organic materials. Several public speakers, many of whom were original
sponsors of Measure E, encouraged the PRC not to rededicate the 10 acres as parkland. They
encouraged more study of the feasibility of building a processing facility at the site. Other public
speakers advocated for dedicating and protecting the 10-acre site for native plants and wildlife
habitat.
Independent of these discussions, the City has proceeded with other sustainability and climate
change related initiatives. This includes evaluating the development of an advanced water
purification facility at the former Los Altos Treatment Plant, other wastewater treatment needs,
and sea level rise planning. These interests could lead to other potential uses for the Measure E
site. The City Council may wish to discuss these interests as part of its deliberations.
FISCAL/RESOURCE IMPACT
If City Council adopts the recommendation in this staff report, no additional budgetary action is
required. The 10-acre site will remain in its current condition.
STAKEHOLDER ENGAGEMENT
6 Parks and Recreation Commission, October 25, 2022; Agenda Item #5;
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and-
recreation-commission/agendas-minutes/2022-agendas-and-minutes/10.2022/prc-staff-report-measure-e-action-
10.25.22.pdf
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The following community meetings and hearings were held to obtain public input on the
proposed policy:
1. September 27, 2022, Parks and Recreation Commission meeting
2. October 25, 2022, Parks and Recreation Commission meeting
ENVIRONMENTAL REVIEW
The recommendation does not meet the definition of a project under Section 21065 of the
Public Resources Code (California Environmental Quality Act [CEQA] Guidelines Section 15378)
because adoption of this policy would not cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS
Attachment A: Ordinance Re-Dedicating the Measure E site as Dedicated Parkland
Attachment B: Measure E Site Map
APPROVED BY:
Kristen O'Kane, Community Services Director
NOT YET ADOPTED
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ORDINANCE NO. _
Ordinance of the Council of the City of Palo Alto Dedicating the
Area Commonly Known as the Measure E Site as Parkland
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Improvements. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and section 22.08.004 of the
Palo Alto Municipal Code specify that land intended to be used for park purposes can be
dedicated for such use by ordinance.
(b) The Measure E site is defined as the area described in Exhibit A-2.1 to this
ordinance. It is approximately 10 acres in size. It is bordered by the City’s Byxbee Park, Emily
Renzel Wetlands, and the Regional Water Quality Control Plant.
(c) The Measure E site was formerly part of Byxbee Park. The site was un-dedicated
by a vote of the people in November 2011 pursuant to Resolution 9195 (passed August 1, 2011).
The terms of the ballot measure allow the site to be used only for a processing facility for yard
trimmings, food waste and other organic materials. The measure allows the site to be re-
dedicated after 10 years. No processing facility was ever built.
(d) The City intends to re-dedicate the Measure E site through this ordinance.
(e) Upon adoption of this ordinance, the Measure E site shall become part of Byxbee
Park.
SECTION 2. The City Council hereby dedicates the Measure E site pursuant to Article VIII
of the Charter of the City of Palo Alto and section 22.08.004 of the Palo Alto Municipal Code.
SECTION 3. Section 22.08.025 is hereby added to Chapter 22.08 (Park dedications) to read
as follows:
22.08.025 Addition to Byxbee Park (former Measure E Site)
That certain parcel of land as delineated and described in Exhibit A-2.1, formerly known as the
Measure E site, is hereby reserved for park, playground, recreation or conservation purposes.
SECTION 4. Exhibit A-2.1 of this ordinance shall be codified as Exhibit A-2.1 to the Exhibits
for Title 22.
SECTION 5. The City Council finds that this ordinance is not a project within the meaning
of CEQA.
NOT YET ADOPTED
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SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Community Services
Director of Public Works
NOT YET ADOPTED
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Exhibit A-2.1
Addition to Byxbee Park (former Measure E Site) – Legal Description
All that certain real property situated in the City of Palo Alto, County of Santa Clara, State of
California and more particularly described as follows; commencing at a four by four fence post
as shown on that Record of Survey filed with the Santa Clara County Recorder in book 258 page
4 and 5 on August 15th 1969; thence from said four by four fence post, South 88° 58' 50" East
415.54 feet; to a point on the southerly line of the Sewage Treatment Plant Parkland exclusion
as said exclusion is shown on Exhibit A-2 of Section 22.08.020 of the Palo Alto Municipal Code,
said point also being the True Point of Beginning for this description; thence from said True Point
of Beginning the following four (4) courses and distances; south 36° 42' 20" East 209.06 feet;
south 41° 31' 45" East 276.48 feet; south 53° 12' 33" East 180.61 feet; north 50° 22' 18" East
652.20 feet; thence North 41° 35' 41” West 633.72 feet to a point on said southerly line of the
Sewage Treatment Plant Parkland exclusion; thence along said Sewage Treatment Plant Parkland
exclusion; South 52° 42' 10" West 671.94 feet, to the True Point of Beginning.
Attachment A: Measure E
Site Map