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HomeMy WebLinkAbout1989-03-27 City Council Summary MinutesCITY COUNCIL MINUTES ==== PALO ALTO CITYCOUNCILMEETINGS ARE BROADCAST LIVE VIA KZSU-FAEOUENCY90.1 ON FM DIAL�---ak- Regular Meeting March 27, 1989 LIEN Ural Communications Approval of Minutes PAGE 61-231 61-232 1. Presentation by NOVA re Summer Jobs for Youth 61-232 Program Consent Calendar 2. Contract with Greenfield -Thompson Associates for Workers' Compensation Claims Administra- tive Service 3. Contract with Pacific Underground Construc- tion, Inc., for Replacement of the Park Boulevard Sewer between Sheridan Avenue and California Avenue 4. Resolution Authorizing Filing a Claim with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Funds for Fiscal Year 1989-90; Ordinance to Provide an Additional Appropriation for Project Mobility and to Provide for Receipt of Additional Grant Funds from the Metropoli- tan Transportation Commission 5. Resolution Approving Agreement No. 2 to Project Agreement No. 2 for the California` Oregon Transmission Project 61-232 61-232 61-232 61-233 61-229 3/27/89 ITEM Fa 6. Resolution Supporting the Application of the 61-233 Santa Clara County Arts Council for a Planning Grant from the National Endowment of the Arts 7. Council Members Cobb, Levy and Woolley re 61-233 Temporary Housing for Palo Alto Homeless Recess from 9:30 p.m. to 10:00 p.m. Continue Items 8, 11 and Study Session 61-240 9. PUBLIC HEARING: Planning Commission and 61-243 Architectural Review Board Recommendation re Byxbee Landfill Park Master Plan 10. Byxbee Park 61-248 Adjournment at 12:30 a.m. 61-248 61-230 3/27/89 Regular Meeting March 27, 1989 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:35 p.m. Mayor Mein announced that a Special Meeting to Interview Candidates for the Human Relations Commission was held at 7:10 p.m. Mayor Klein announced the need for a Closed Session to discuss 1) City o ..'alo Alto v'a: City of Ealt Pelo Alto; and 2) E11egood-Gege v. City of Palo Alto pursuant to Government Code Section 54956.9(a) to be held at some point during or after the meeting. PRESENT: Bechtel, Cobb (arrived at 7:59 p.m.), Klein, Fletcher, Levy, Patitucci, Renzel, Sutorius, Woolley QRAL COW/II:CATIONS 1. Edmund Power, 2254 Dartmouth, spoke re Oral Communications and the Palo Alto Yacht Harbor. 2. Donna Debenedetto, 445 E. Charleston Road, spoke re Western Ballet lease negotiations with Palo Alto Unified School District. 3. Alison Lee, 1241 Harker Avenue, represented the Standing Committee on the Arts and Sciences, and spoke re Western Ballet and support of the arts. 4. Melanie Garretts, 650 N. San Antonio Road, #12, Los Altos, spoke re support for the Western ballet and concern re lease negotiations. 5. Robert Friedman, founder, Western Ballet Theatre, 530 Congo Street, San Francisco, spoke re support for Western Ballet. 6. Alexander Diamond, Atherton, spoke re support for Western Ballet. 7. Ken Delmar, Artist Director of the Western Ballet, spoke re support for the program. 8. Margaret VanLoo, 1487 College Avenue, spoke re support for Western Ballet. 9. Linda, Ludden, 1048 Ramona Street, spoke re support for Western Ballet. 61-23' 3/27/8 10. Denny Birkes, Ballet. 357 Kellogg, spoke re support for Western 11. Jill Krizelman, Western Ballet. 861 Palo Alto Avenue, spoke re support for 12. Venetia Gleason, 2126 Louis Road, spoke re support for Western Ballet. 13. Randee Seiger, 320 California Avenue, spoke re support for the arts, but not singling out any one specific program for attention. 14. Ehud Krauss, 4016 Villa Vera, spoke re support for the arts, but not singling out any one specific program for attention. APPROVAL OF MINUTES UTES MOTON: Council Member Sutorius moved, seconded by Cobb, approval of the Minutes of February 27, 1989 as submitted. MOTION PASSED 9-0, SPECIAL JRDE QF TIE DIY 1. Presentation by NOVA re Summer Jobs for Youth Program (NPG) Michael Curran, Director, NOVA, spoke re NOVA and presented a plaque to the City for its support of the NOVA Summer Jobs for Youth Program. cOUtELOILIZDAll MOTION: Council Member Sutorius moved, seconded by Renzel, to approve Consent Calendar Items 2 -- 6, 2. Contract with Greenfield -Thompson Associates for Workers' Compensation Claims Administrative Service (501) (CMR:190:9) 3. Contract with Pacific Underground Construction, Inc. for Replacement of the Park Boulevard Sewer between Sheridan Avenue and California Avenue; Change Orders up to $13,500 (1122) (CMR:189:9) 4. RMIZZTI 3i §764 entitled "RESOLUTION OF THE COUNCIL OF . Ti CITY OF PALO ALTO AUTHORIZING THE FILING OF A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1989-94" (1163-02) (GMR:196:9) 61-232 3/27/89 ORI NANCE 3860 entitled "ORDINANCE OF THE COUNCIL OF THE CIT , or PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89 TO PROVIDE AN ADDITIONAL APPROPRIATION FOR PROJECT MOBILITY AND TO PROVIDE FOR RECEIPT OF ADDITIONAL GRANT FUNDS FROM THE METROPOLITAN TRANSPORTATION COMMISSION" (1163-02) (CMR:196:9) 5. RESOLUTION 6765 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO PROJECT AGREEMENT NO. 2 FOR THE CALIFORNIA - OREGON TRANSMISSION PROJECT" (1101) (CMR:187:9) Transmission Agency of Northern California Project Agreement No. 2 for the California -Oregon Transmission Project 6. RESOLUTION 676 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUPPORTING THE APPLICATICN OF THE SANTA CLARA COUNTY ARTS COUNCIL FOR A PLANNING GRANT FROM THE NATIONAL ENDOWMENT FOR THE ARTS" (412) (CMR:197:9 ) MOTION PASSED 9-0. UNFINISHED BUSINESS 7. Council Members Cobb, Levy and Woolley re Temporary Housing for Palo Alto Hoateless (continued frc.a 3/20/89) (1030-01) (CMR:199:9/CMR:168:9) Council Member Levy requested assurances that rotating temporary housing for the homeless would be adequately monitored, and that the neighbors and users of the churches, particularly children, would not have to worry about their peace, quiet and safety before, during, or after the shelters were in use. The need was evident, and he was impressed that such a program was before the Council. Council Member Woolley referred to the conditions of the temporary use permit and queried what happened if the conditions were not met. Zoning Administrator Nancy Lytle said conditions were imposed on temporary use permits to ensure the use was conducted compatibly with neighboring uses. Should conditions not be complied with, the use permit could be revoked after due process. Council )1eaber Sutorius queried whether the revocation process needed to follow its normal procedures in the event of a violation of a condition which endangered public health, safety and welfare. 61-233 3/27/85 City Attorney Diane Northway said under the Palo Alto Municipal Code (PAMC), the Zoning Administrator could vary from the specific .:equirsments. The permit could be tailored such that immediate revocation could occur on the happening of certain events. Council Member Sutorius queried whether suspension of a temporary use permit might be applicable while investigation occurred. Ms. Northway said the PAMC provided a lot of latitude in drafting temporary use permits so such a provision could be included. Mayor Klein clarified the granting of a temporary use permit was at the discretion of the Zoning Administrator, Council could only make suggestions. If a member of the public did not like the Action of the Zoning Administrator, the decision could be appealed to the City Council. Ms. Northway said that was correct. She clarified public hearing notices were expressly waived on temporary use permits under PAMC Section 18.91.01O(b). Mayor Klein queried whether the suggested uses qualified as temporary uses. Me. Northway said the PAMC authorized temporary uses at a site for no more than 45 days. She did not believe either the spirit or the letter of the requirement was violated by the proposal to be considered by the Zoning Administrator. Council Member Patitucci queried whether the temporary use process could go on ad infinitum. Ms. Lytle said temporary use permits had been allowed to go on ad infinitum as long as the temporary use did not occur for more than 45 days in one year. Christmas tree lots were granted temporary use permits for the month before Christmas. Tents, etc., for graduation ceremonies were also temporary uses allowed year after year. Council Member Patitucci queried whether the jurisdiction of the Urban Ministry was coterminous with the City's boundaries and whether there were applications in other jurisdictions for similar temporary use permits. Hu$.an Services Administrator Margo Dutton said the Urban Ministry's jurisdiction crossed comrenity bound,. `.as; however, she believed the current request was limited to Palo Alto churches. Council Member Levy queried whether one use permit would be issued to all eight Churches. 61-234 3/27/89 0 f Ms. Lytle said it could be done either way. Staff was leaning toward issuing a separate permit for each church location. Administrator of the Urban Ministry of Palo Alto (UMPA) Joseph Haletky, 961 Webster Street, represented Jim Burklo, and said the proposal was a Palo Alto solution to a Palo Alto problem. Many of the homeless had been Palo Alto residents since prior to 1972. The eight specified churches had volunteered to be a part of the proposed shelter system which followed a model used in other communities. The UMPA would be requesting approvals from the City of Los Altos at the appropriate tine. UMPA was sensitive to the needs of the neighbors, which was part of the reason for the defused system of going place to place. That way no one section of the City was unduly burdened. The eight churches represented eight different locations in the City. The other churches who might participate later in the system were also in various parts of the City and in other communities. The Sunnyvale Armory, the closest National Guard Armory, which housed homeless in the winter, had anywhere from 90 to 120 people staying there on a given night. The proposed shelter system would not be a drop -in center. The proposed plan was for 30 people with €some hope of getting their lives together enough to be on their own within the 30 to 45 days. Some of the homeless were frightening and had mental problems, and some had severe dreg and alcohol addictions. Those people could not be sheltered in the proposed system. The Urban Ministry voluntarily approached the City and was going through the public process in order to get neighborhood cooperation to help shape the program. Council Member Cobb queried whether it was possible to rearrange the schedule of which churches participated first. Mr. Haletky said the schedule would need to be arranged. The First Methodist Church was scheduled it April and evenif the temporary use permit was issued on March 283, the Urban Ministry would not be ready to open on April 1.. Council Member Cobb queried whether the screening process would distinguish between those homeless wno needed help to get on their feet and those who were drug and alcohol addicts. )!r. Haletky said the screening process was not intended to keep out undesirables so much as it was a process to include those for whom such a shelter would be most useful, i.e., those who were close to being able to live on their own and sustain their own lives. Council Member Fletcher understood the Urban Ministry was already familiar with many of the homeless in Palo Alto; therefore, individuals could be quickly evaluated. 61-235 3/27/89 Mr. Haletky said that was correct. Council Member Renzel said neighbors were concerned about homeless individuals who might be attracted to a neighborhood and subse- quently return. She queried the experience with the hot meals program. Mr. Haletky had not heard of any problems. UMPA reserved the right to refuse to serve anyone who was a prob =m. Because of safety and property issues, some people weIe not served and were advised not to return or else the police would be called. Council Member Renzel queried to the extent Palo Alto could become a magnet for services not offered in surrounding communities. Mr. Haletky did not believe Palo Alto would become a magnet with only 30 available spaces. Council Member Woolley asked about "shelter rules." Mr. Haletky said no drugs or alcohol were permitted on the premises; no one could be on the premises under the influence of drugs or alcohol, and UMPA staff were pretty good et spotting the effects of drugs or alcohol; lights had to be out at a certain hour; everyone had to be up i I the morning at a specified hour; and everyone had to participate in cleaning up and getting out. Council Member Woolley said there was a lot of concern among neighbors of the churches as to what the homeless people would do during the day. She asked what UMPj, would do to ensure the people lef: the neighborhoods, and where they would go. Mr. Haletky said the shelter systen was less of a shelter than it was a program. The UMPA Day Center opened at 7:30 a.m., and staff would try to ensure that all 30 people were at the Day Center when breakfast was served. Each client of the shelter had a plan for each day of the month about what they intended to do to find permanent shelter, jobs, and get the proper support if they needed to be on Social Security Insurance (SSI) . UMPA would work with the individuals during the day to make those things happen. Council Member Woolley clarified the services for the homeless would not be in the neighborhood where the church was so it would be of no advantage to stay in the church neighborhood. Mr. Haletky said that was correct. Many of the clients had other business they needed to transact on their own. 61--236 3/2V89 Council Member Woolley asked how the clients would get from one place to another. Mr. Haletky said UMPA provided a limited number of bus passes per day, which would probably be expanded to include the people in the shelter.', Most of the churches were on fairly heavily traveled bus lines. Council Member Levy asked about the number of personnel who would be on -site at each church facility. Mr. Haletky anticipated hiring a staff of two full-time and one part-time person with two people on duty any given night of the week. A full-time person would be on -site four nights for the ten hours the shelter was in operation. The half --time person would be on -site two nights. Volunteers would be utilized to fill in the other four slots. There would be 14 overnight staff slots for the seven nights of the shelter each week. Council Member Levy asked about the experience of such an activity in other communities. Mr. Haletky said UMPA extensively studied the shelter systems in Berkeley and Santa Cruz, which worked on a similar model. Marin County also had a similar system in the churches and it moved to a permanent location. Council Member Patitucci asked how a Palo Alto homeless was defined. Mr. Haletky said a Palo Alto homelese versus a Menlo Park homeless might depend on what side of the creek they slept on. The problem was a regional one. He referred to Palo Alto homeless because many people lived either in the downtown hotels or board and cares, and many could be characterized as going over the line to homelessness occasionally when a disaster struck, e.g., they missed a check, lost a job, etc., and could not sustain their rent. A fair number of people were born and raised in Palo Alto. There were many homeless people from Menlo Park and a few communities on either side. At the Sunnyvale Armory, out of the 90 to 100 people who wore there, about half the people were a part of UMPA's population. He did not know that Sunnyvale would consider itself as being a magnet for Palo Alto's problems, bet people from other communities were seen. Gwen Rogers, 4080 Sutherland Drive, urged careful consideration of thesafety of the community before granting the temporary use permit to the homeless shelter program. 61-237 3/27/89 Donald Rogers, 4080 Sutherlard Drive, requested open hearings so all congregations could have .wilding and fire inspection reports available and the time to respond prior to issuan a of a temporary use permit. Eileen Friedman, 4043 Ben Lomond Drive, did not believe adequate investigation had occurred on the feasibility of providing a temporary use permit to the shelter program. She urged an open hearing process, Gretchen Emmons, 169 Walter Hays Drive, President of the Urban Ministry, praised the work of Jim Burklo. While opportunities were sought for a permanent shelter in north county, she urged support for the temporary use permit. The hours of operation at each site would be adjusted to meet the needs of the church and the neighbor- hoods. Council Member Sutorius was concerned about those individuals who were tired, wet, and hungry and would sign anything to get intc the program. He queried enforcement of the individual contracts. Ms. Emmons said Mr. Burklo and Mr. Haletky were well trained and skilled in what they aid. Eric Lee, P. 0. Box 9775, Stanford, was the Soup Kitchen Coordinator for the Stanford University Volunteer Network. In response to the question "what does it feel like to be homeless," most homeless people say it was emotionally draining and it took away ones dignity. He spoke to sleeping in the bushes, not being able to go to sleep until the entire town was quiet, constantly waking up due to the cold, and a general lack of security. Under such circumstances, he doubted a homeless person could put 100 percent of their energy into a temporary job and he doubted their opportunity for promotion to the permanent job which would provide the means to be self-supporting. Participating members of a community were morally obliged to facilitate the change in reversing the plight of the homeless as rapidly as possible. Paul Taylor, 3185 Waverley Street, had three children who played in a park near one of the proposed churches, and .ne supported the proposal. Litsie Indergand, 336 Ely Place, President of the Board of Trustees of the Palo Alto Unitarian Church, supported the shelter program. The Unitarian Church carefully considered the proposal, had numerous meetings, and sent notification to the parents of all children who participated in the Ellen Thatcher Children's Center. She had not received any calls but had received letters in support. Children could not arrive at the Center before 7:30 a.m. and the homeless people were required to vacate by 7:00 a.m. The president 61-238 3/27/89 of the Association of Stevenson House advised in a letter (on file in the City Clerk's Office) that the residents of Stevenson House were well aware of the shelter proposal, had discussed it thoroughly, and were not overly fearful nor without compassion. Walt Lundin, 418 E. Charleston Road, urged that the church communities of Palo Alto be allowed to respond to community need of shelter for the homeless, Bruce Rutledge, 759 Gailen Avenue, did not believe the facilities at the Palo Alto Unitarian Church were adequate for the proposed temporary use permit. Judith Steiner, 508 Churchill Avenue, represented the League of Women Voters (LWV), and said in 1986 and 1987, the League studied the problems of the homeless in Palo Alto. The League was aware of the extreme difficulties in finding shelter in the community, and the consensus was to support the need for shelters including efforts by the City of Palo Alto to facilitate and coordinate plans by the public and private sector. The LWV urged the approval of the temporary use permit. Ronald Wilenaky, 2200 South Court, lived directly across the street from the First Baptist Church. He felt the temporary use permit was not necessarily the most effective means of attacking the homeless problem and the 45 -day rule was being breachedby the technicality of rotating the shelter 30 days at a time. He urged the Council to consider each permit individually. He was concerned about the loitering problem and how the homeless people would get to and from the shelters. He suggested as a condition of the use permit, that the Urban Ministry or, the churches should be respon- sible for providing bus services. Marge Speidel, 1910 Waverlsy, Secretary, Urban Ministry Board, asked the homeowners who raised objections to the shelters to look beyond one neighborhood to consider the ersoraous benefit of a city- wide shelter system for the homeless. The temporary shelter was a necessary interim step towards a permanent shelter for those people 'ho needed the communities' help. REQVULarl CLOSE() SESSION 9:30 P.M. - .10:00 P.M. Karen Kotoske, 1657 Edgewood, said her eight years of intimate experience with the poor has taught her that being poor did not make one more dangerous than being comfortable made one compas- sionate. She was in her second year as an UMPA volunteer. She urged support for the temporary use permit. Ptah, 524 Middlefield Road, urged the city to provide some land for the homeless and eliminate the problem. 61-239 3/27/89 Irene Sampson, 3992 Bibbits Drive, added her support of the UMPA shelter project. Laura Seitel, 349 N. California Avenue, was concerned about the lack of notification of the proposed program. She supported UMPA's efforts to shelter the homeless at appropriate facilities, e.g., in commercial areas, or areas large enough and isolated enough from neighborhoods. She asked the Council to protect the residents from the short-sighted planning. Hugh Satterlee, 2399 South Court, supported UMPA's shelter program. Loy Martin, 349 No. California Avenue, felt there was a lack of knowledge as to what exactly would happen as a result of the shelter program, and strongly urged the Council to approve the shelters on a site -by -site basis. Nancy Shipley, 1720 Webster, a member of the Human Relations Commission (HRC) and Chairperson of the Homeless Committee, referred to the iMC report which gave some statistics and recommen- dations regarding the homeless situation. The HRC supported UMPA's shelter program and recognized that it was a temporary solution. The HRC intended to submit another report within the next month which would outline the possibilities of a regional permanent plan. She hoped Palo Alto would respond with a sense of humanity. Council Member Patitucci asked if the HRC had held any hearings or analyzed the specific proposal. Ms. Shipley said no. CONTINUX _ITEMS , 11. AND THE STUDY SE$SION MOTION Mayor Klein moved, seconded by Cobb, to continue Item 11 and the Study Session. NOTION PASSED 9-0. NOTION: Council Member Renzel moved, seconded by Cobb, to continue Item No. 8 to April 10, 1989, City Council Meeting. NOTION PASSED 9-0. Mrs. Wallbrink, 2643 Cowper Street, asked the Council to postpone the decision to allow the Urban Ministry to house the homeless in various neighborhood churches in the area. She was concerned about the program and felt there were too many unanswered questions about 61-240 3/27/89 i the effects of the program on the neighborhood as well as the community at large. She was not willing to sacrifice her right to safety and security in her own neighborhood. John Wallbrink, 2643 Cowper Street, also expressed concern about the safety of their neighborhood. UMPA, the churches, and the City would assume a liability because there was no guarantee that problems would not occur. Warren Kart, 2230 South Court, said he and other neighbors had not received any notice of the proposed program. He supported the permits being granted on a site -specific basis but wanted more information about the screening process. Elaine Lotter, 418 Ferne Avenue, was concerned about the "we/they" issue. She supported UMPA's shelter program and indicated most of the homeless people were Palo Altans. John Kelley, 1868 Mark Twain, said the program was appealing because it was an experiment for a limited duration. There would be plenty of opportunity to review the situation in the future. He appreciated the neighbors' concerns but the program should be given a chance. Bunny Good, Disabled, P. shelters for churches. Founder International Group Organization for the D. Box 824, Menlo Park, asked that the temporary the homeless occur in school sites as opposed to Dennis Cogswell, 2501 Cowper Street, urged the Council to give positive consideration to the Urban Ministry program. He supported the busing program and the site specific use permits. Tomas Moran, 3375 Alma Street, strongly supported the Urban Ministry shelter program. He felt the program was a very creative and equitable solution to the problem. He urged the Council not to support the individual permit process. Herb Borock, 2731 Byron Street, felt the City had a responsibility of providing shelter for the homeless. He was concerned not with the Urban Ministry but with St. Mark's Church and its handling of the procedural aspects of the situation. The First Baptist Church being a part of the programs made sense citywide and it offered protection to the rest of the City. He noted the concerns about the case -by -case permit riroceas versus the citywide permit, and spoke to the order of the scheduling of the churches. Ann Bender, 2315 Cowper, supported the shelter proposal at the First United Methodist Church. She expressed concern about the shelter in those areas where citizen protest had been expressed. bit -241 3/27/89 At) Corrected 5/1189 Bill Corey, 2150 Bryant Street, expressed concern about the notification process and about the lack of a written report about how the program would work. Ron Andersen, 3212 Louis Road, taught at Palo Alto High School, and had conducted a homeless project in his economics classes where some students actually slept on the outside. Poverty and homeless- ness were not a crime. While leeltimate concerns had been expressed, Council had the leadersh`_p to educate the community. He urged pror=er media focus on the ecfort to demonstrate how Palo Alto could do a small but significant part in helping alleviate a national problem. Council Member Cobb believed there was merit to the argument that some of the sites were more appropriate than others. MOTION; Council Member Cobb moved, seconded by Levy, to recommend to staff the following: 1. Revise the order of the scheduling of the churches in the Urban Ministry of Palo Alto (UMPA) Shelter System: First United Methodist Church remains the first site; Wesley United United Methodist Church, Palo Alto Christian Reformed Church, and St. Andrew's United Methodist Church should be the second, third and fourth sites with the order to be determined by the Zoning Administrator; and the other four churches to follow. 2. The appropriate staff monitor the impact of the uses of churches as homeless shelters on the neighborhoods. 3. The item be returned to the City Council three months after the first three churches had been activated as a shelter. 4. That there be eight permits granted rather than one for the churches within the UMPA Shelter System. Council Member Cobb urged the UMPA and churches to vigorously explore some kind of availablesite for a long-term regional solution. It was clear part of the success of the program rested with the screening process and the knowledge and wisdom of Mr. Burklo to distinguish between those homeless who might be helped by such a program and those who were mentally ill and/or involved with drugs and who were a threat to neighbors. Council Member Fletcher generally supported the motion but did not believe it was necessary for Council to review the matter in three months. She believed the conditions provided the necessary protections. She did not believe there would be any problems with UMPA's screening process. 61-242 3/27/89 1 1 Council Member Sutorius did not believe the intent of the matter returning to Council was other than an opportunity for a report on the experience. Council Member Patitucci said one of the issues was the ongoing nature of the program. The idea of the program returning to Council in three months appealed to him because whether he would support the matter on an ongoing basis would be tied to it being more than a Palo Alto program. Council Member Woolley supported the program and the motion. Council Member Levy said many of the concerns focused on loitering. He concurred that Council should review the matter in three months. The Police Deprrtment should be alerted to the program to ensure that a loitering problem did not occur. He supported the motion. Vice Mayor Bechtel concurred with her colleagues. Mayor Klein believed it was incumbent on the citizens of Palo Alto to show its compassionate side while also remembering the safety of the neighborhoods. The seerch for a perfect solution should not stand in the way of supporting the limited program, He commended the UMPA for its efforts The monitoring and review process would provide an opportunity make changes if necessary. MOTION PASSED 9-0. ?mac HEARINGS 9. PUBLIC HEARING: Planning Commission and Architectural Review Board Recommendation re Byxbee Landfill Park Master Plan, Phase I construction of Byxbee Park, and design of permanent natural gas flare in the City of Palo Alto landfill (1072-01) (CXR:198:9) Planning Commissioner Pat Cullen said the majority of the Commission enthusiastically supported the Byxbee Park Master Plan. A statement in the staff report (CMR:198:9) on page 3, indicated "the members also felt that the artistic features of the proposed plan were outside the purview of the Planning Commission." She clarified the statement reflected a comment by one Commissioner that art was not his strong 'nits and he did not wish to sit in ludgaent of art persons. Council Member Renzel understood the plan held the Mayfield Slough remnant for potential future restoration but did not endorse the restoration at that point. 61-243 3/27/89 Assistant Director of Public Works George Bagdon said the Mayfield slough remnant was not included in the proposed Byxbee Park Master Plan. It was deleted under previous Council guidance. Council Member Renzel queried whether the proposed portion of the Byxbee Park needed to be called "the Byxbee Landfill Park." Mr. Bagdon said the park was dedicated as "Byxbee Park" in the Park Improvement Ordinance. Ms. Northway said staff could change the name in the ordinance. Council Member Renzel clarified Council could opt not to adopt particular elements of the plan with which it was not satisfied provided it was not the flare. Mayor Klein declared the Public Hearing open. Bunny Good, Founder, International Group Organization for the Disabled, P. O. Box 824, Menlo Park, CA 94026-0824, referred to the Environmental Impact Assessment (EIA) , and was concerned Lice Plan would reduce and restrict the range of endangered species. Tonia Macneill 1650 Waverley Street, was Chairperson of the Byxbee Park Committee and the Visual Arts Jury (VAJ). She said environ- mentalists in the community were extensively sought for input. The proposal combined the natural landscape and used and related to its environment. She supported the proposal. Mary Jean Place, 809 Northampton Drive, was excited about the plan. Both the artists and landscape designers were extremely sensitive not only to the site but to the expressions of many people before the hearings. Rose Green, 344 Creekside Drive, was concerned about the number end height of the poles in the pole fields She preferred a more natural setting. She believed it was important for the Council to commit to restore Hayfield Slough. While it could not be done immediately, the area was adjacent to, and would be part of, the proposed park. She suggested some of the revenue generated by the landfill be used to fund a half-time naturalist to do some interpretive programs. Ptah, 524 Middlefield Road, understood the company who proposed the bay fill park also did a park up by Candlestick Park. He visited the bay fill park at Candlestick Park after a rain and he was concerned about the mud. He urged caution. 61-244 3/27`@9 i Council Member Renzel was not comfortable approving the pole field since it was not a harmonious element. It was an intrusion into the area closest to the Bay. The rest of the design was har- monious. She requested the pole field be review3d for its scale, height and number of poles. MOTION: Council Member Renzel moved, seconded by Fletcher, to approve the Planning Commission recommendations as amended: 1. Approve the negative declaration and adopt the findings that: a. The project will not result in any significant environmental impacts since the project is designed to maintain the landfill in compliance with standards established by the Bay Area Air Quality Ha'nagement District, Water Quality Control Board and other regulatory agencies; b. The proposed design will be orderly, harmonious and compatible with existing or potential uses, as it consists of improvements and additions to an existing facility and will be of further benefit to the public; c. The proposed design will observe sound principles of environmental design and ecological balance in that the construction will be limited to areas within or immediately bordering the existing facility and all new landscaping has been selected for its suitability to the Baylands environment; d. The proposed project is within the existingpermitted use, which is in compliance with Fa].o Alto Comprehensive Plan; and 2. Approve the Site and Design Review application with the following conditions: a. The barbed wire, fence height and stack color meet conditions of the Architectural Review Board (ARB); b. A11 project plans and specifications for the park improvements shall be reviewed by City staff prior to construction; c. All construction activities shall be r ub j ect to compliance with the provisions of the City's noise ordinance; 61-245 3/27/89 d. The construction contract shall provide for dust control measures, including frequent watering and cleaning of adjacent streets as required by the Public Works Department; e. Park construction and flare installation/operat`on shall comply with the requirements of the Bay Area Air Quality Control Board; f. The park entry sign is subject to future ARB review; g. Review of plans and specifications will be coordinated with the Airport Land Use Commission; and 3. Approve the ARB recommendation to allocate additional funding for an artistic retrofit of the permanent flare. 4. Adopt r ,n Ordinance approving the doopt jon of the Bvxbee Parr ' v o s w h excerption tjat th pole field be excluded and referred bock to the A v` w d e AtsJu . 5. Recommen& the Mayfield Marsh segment be clearly_ designated for it future marsh restoration urogram. !ONCE FOR FIRST REAPING entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE DEVELOPMENT OF PHASE I OF BYXBEE PARK" Vice Mayor Bechtel referred to the pole fields, and said she thought the description of birds perching on the tops of the poles was common. The question was whether 70 poles were needed and whether the height of 7 to 10 feet was a necessity. May Margaret Jones, represented Hargreaves Associates, the consultant on the project. All of the proposed elements were intended for a variety of interpretations. Some interpreted the elements as areas fw: children to play; as artistic statements in landscape,: and in the case of the pole fields, perches for sea gulls. The pole fie?;.d announced a point of the site where the Hayfield Slough and the marsh met. In the scale of the surrounding topography, the piles of garbage were 60 feet high, and the poles were an average of eight feet, They were studied in model form and were reduced in number and height. She believed the visual impact was subtle. Council Member Levy referred to the pole field and the comments that they had been scaled down. He queried whether the recommenda- tion was still evolving. 61-245 3/27/89 Ms. Jones said the pole field had changed slightly because of the technical discoveries in the contract documents. None of the changes were significant enough to say the design was changing. Currently there were 70 poles, 30 feet on center. The 3O feet on center would remain, and the number of poles were being reduced by 20. On the marsh side, some of the poles were only 18 inches to two feet high. Council Member Fletcher referred to the bathrooms a.:id suggested thought be given to whether wall fixtures were more susceptible to vandalism. She was concerned about bicycle access from the entrance to the part to the other side. Mr. Sagdon said there would be a stop sign at the intersection and a crossing for the bicycles to enter into the park entrance road which would be separated from the refuse traffic. Council Member Patitucci moved, seconded by Woolley, to restore the poles. Council Member Patitucci believed every Council Member had a different point of view on art in public places. If a pole fief, was to exist, it should be left to the artist. Vice Mayor Bechtel supported the amendment. Council Member Renzel said Council was being asked to do site and design review and to find that the design was harmonious. She did not believe the poles were harmonious: Typically, when there were posts in the water, birds were perched to fish from them. The regularity as shown on the plan before Council did not suggest a natured park which was the fundamental supposition of the earlier site and design reviews for Byxbee Park. The choice was unfor- tunate. Council Member Levy agreed with Council Member Patitucci. As liaison to the Visual Arts Jury, he participated in the process from a distance. He commended the thoroughness and the willingness with which members spent their own funds when a grant was not forthcoming. AMENDMENT PASSED 7-2, Rerzel, Cobb "no." MOTION AS AMENDED PASSED 9-0. MOTION; Council Member Renzel moved, seconded by Klein, that staff explore the restoration of Mayfield Marsh in conjunction with the ITT marsh restoration. MOTION PASSED 9-0. 61-247 3/27/89 REPORTS QF OFFICIALS 10. Byxbee Park (1072-01) (CMR:193:9) MOTION: Council Member Bechtel moved, seconded by Patitucci, to approve the staff recommendation to: 1. Authorize the Mayor to execute Amendment No. One to Consultant Agreement No. C-4770 with Hargreaves Associates, in the amount of $10,370, foz design a;3d construction phase coordination services for the improvements to the landfill entrance road; 2. Authorize the Project Manager to negotiate and execute amendments for services incidental to Amendment No. One to the Hargreaves Agreement No. C-4770, the value of which shall not exceed $2,000; 3. Authorize the Mayor to execute the agreement with Laidlaw Gas Recovery Services, in the amount of $18,940, for design and construction phase services relating to the installation of the permanent gas flare foundation and control systems; and 4. Authorize the Project Manager to negotiate and execute amendments for services incidental to the agreement with Laidlaw Gas Recovery Services, the value of which amendments shall not exceed $3,000. Amendment No. 1 to Consultant Agreement No. C-4770 with Hargreaves Associates for Design and Construction Phase Coordination Services Agreement with Laidlaw Gas Recovery Services for Construction Phase Services related to Installation of Permanent Gas Flare Foundation and Control Systems MOTION PASSED 9-0. ADJOURNMENT: Adjourned at 12:30 a.m. ATTEST: APPROVED: 61-248 3/27/89 NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Section 2.04.200(b). The City Council meeting tapes are retained in the City Clerk's Office for two years from the date of the meeting, and the Finance and Public works Committee and Policy and Procedures Committee meeting tapes are retained for six months. Members of the public may listen to the tapes during regular office hours. 61--249 3/27/89