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HomeMy WebLinkAbout1989-11-13 City Council Summary Minutes8 CITY COUNCIL MINUTES PALO ALTO CITYCOUNCILMEET' NGSARE BROADCAST LIVEVIAKZSU- FREOUENCIr 90.1 ON FM DEAL Regular Meeting November 13, 1989 ITNM Oral Communications Minutes of October 2, 1989 Consent Calendar PAGE 62-281 62-282 62-2P2 1. Contract with Sierra West Industries for Tree 62-282 and Stump Removal 2. Amendment No. 1 to Contract No. S0006214 with 62-282 Durham Transportation for Bus Transportation 3. Supplemental Amendment to Agreement with 62-282 Mountain View re the Regional Water Quality Control Plant Industrial Waste Program 4. Contract with Wahler Associates for Leachate 62-282 Discharge Monitoring; Change Orders to the Contract Not to Exceed $2,500 5. Resolution Declaring Its Intention to Establish 62-282 Underground Utility District No. 32 6. Resolution Regarding the Permanent Installation 62-282 of Road Bumps in the Midtown Road Bump Demon- stration Area Pursuant to Certain Design Stan- dards; and Making Findings with Respect Thereto PALO ALTO OTT TT COUCH. MEETINGS M* ALSO CASLECAST CO GOVE*ISEMIT CAMEOS 62.279 11/13/89 7. Council Members Emily Renzel and Ellen Fletcher re Sale of Arastra Land 8. Mayor Larry Klein re Chlorofluorocarbon (CFC) Recycling of Automotive Air Conditioning Fluids 9. Council Member Ellen Fletcher re Support for Rail Bond Initiative 10. Ordinance to Delete the Requirement that the Landlord Give the Tenant 60 Days Notice That He Intents to Increase the Rent 11. Ordinance Amending FY 1989-90 Budget to Provide Funds for CIP Project No. 45690 for Byxbee Park 12. Council Member Gail Woolley re Restoration of the Juana Briones House Adjournment at 11:00 p.m. PALO ALTO CITY COUNCIL MUTTONS ARE ALSO CA&ECART ON OOVERINEIIT CAANNEL SS PAGE 62-288 62-292 62-293 62-295 62-295 62-299 62-300 62-280 11/13/89 Regular Meeting November 13, 1989 The City Council of the City of Palo Alto met on this date in the Council Chambers at 8:15 p.m. PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci (arrived at 9:30 p.m.), Renzel, Sutorius, Woolley Tj pY SESSION REGARDING LEASE AND COVENANT NOT TO DEVEL4p w,u3L_TKE_EAL QNMI,zp._,_aglKVLLDIEntr= The Study Session regtrding the Lease and Covenant Not to Develop with the Palo Alto Unified School District started at 6:30 p.m. Council Members Cobb and Sutorius summarized the differences betweenthe old Lease and Covenant Not to Develop and the proposed new one. Council Member Sutorius stated the Utility payment for the Extended Day Care facilities needed to be resolved. Council Members Renzel and Fletcher thought the City should split the Utility charges with the Palo Alto Unified School District. Council Members Levy, Bechtel, and Mayor Klein thought negotiating the issues should be left to the negotiators. Council Member Renzel asked if there had been any thought to a City reimbursement for expenditures in the first fee years of the lease. The reimbursement would tz: enacted if the Gann Limit was voted down. Council Member Renzel proposed a sliding scale reimbursement and Council. Members Levy and Fletcher agreed. Mayor Klein indicated concern that the City would not take possession of the property until the end of June 1990 and not on January 1, 1990 a€ originally planned. School Board Member Carolyn Tucher stated the sixth month delay in moving was for the benefit of both sides. Allison Lee, a member of the public, requested the Palo Alto Chamber Orchestra be included in any space design consideration at Cubberley. ORAL CQMMUNIC'AT QNS Edmund Power, 2254 Dartmouth Street, tion of the Baylands and its estuary Clerk's office). Ben Bailey, 305 Cotton, Menlo Park, to Police Department complaints. spoke regarding the preserva- (co a =nts on file in the City spoke regarding public access 62-281 11/13/89 MINUTES OF OCTOBER 2. „1989 NOTION: Council Me ber Sutorius moved, seconded by Fletcher/ approval of the Minutes of October 2, 1989, as submitted. NOTION PASSED 7-0-1, Levy "abstaining", Patitucci absent. CONSENT CALENDAR NOTION: Vice Mayor Bechtel moved, seconded by Fletcher, to approve Consent Calendar Items 1 - 5, Sutorius "not participating" on Item 5. 1. Contract with Sierra West Industries for Tree and Stump Removal (1015) (CMR : 52 3 : 9 ) 2. Amendment No. 1. to Contract No. S0006214 with Durham Transpor- tation for Bus Transportation (1030) (CMR:498:9) 3. Supplemental Amendment to Agreement with Mountain View re the Regional Water Quality Control Plant Industrial Waste Program (1122-01) (CMR:524:9) 4. Contract with Wahler Associates for Leachate Discharge Monitoring; Change/'} Orders to the Contract Not to Exceed $2,500 (1122-01) (CNR:504:9) 5. RESOLUTION 6832 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING ITS INTENTION TO AMEND SECTION 12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 32" (1101) ( :526:9) NOTION PASSED 8-0, Items 1-4, Patitucci absent. NOTION PASSED 7-0, Item 5, Sutorius "not participating," Patitucci absent. T N 1$I$I g BUSIIIMS 6. Resolution Regarding the Permanent Installation of Road Bumps in the Midtown Road Bump Demonstration Area (Continued from 11/06/89) (1041-09) (CMR:472:9) Council Member Renzel said a number of people commented that some of the bumps were too gradual and queried if it wouldbe possible to correct the situation. Associate Transportation Engineer Carl Stof fel said the bumps were all constructed with a standard height of three inches. He did not 62-282 11/13/89 recommend changing the height of the bumps and believed they were properly constructed. Council Member Cobb said one resident who lived on Marion Avenue complained of a bump in front of a bedroom window closest to Tasso Street. He queried if an alternative placement for that bump could be located to resolve the problem. Mr. Stoffel said locations were carefully selected to compromise various factors. While they could be moved, it would be expensive and might create problems for someone else. Council Member Cobb queried whether the results of the Hoover Park Neighborhood Association Midtown Traffic Study Questionnaire correlated with 1987 Environmental Impact Report (EIR) and current data, and if the estimated changes in traffic flows as estimated in the 1987 report correlated with current data. Mr. Stoffel believed the results generally seemed to correlate and traffic volumes were also consistent. Council Member Fletcher said prior to the implementation of the plan, there was a stop sign on Colorado at Byron which was taken out as part of the experimental plan. She did not sec it referenced in the evaluation and queried its status. Mr. Stoffel said staff had recommended and Council had concurred that the stop sign should be removed because the bump would take its place. He presumed the stop sign removal worked well since no responses were received. Council Member Fletcher queried whether the citizen complaint that traffic counting was skewed because it was taken during the time the water district closed the street for replacement of the bridge over the creek was valid. Mr. Stoffel said the counts were taken, and the counts on Middlefield Road, Waverley and Cowper streets were taken in comparable circumstances. Council Member Levy queried whether the program would be com- promised by removing bumps on Marion Avenue to satisfy the residents. Mr. Stoffel did not believe the program for Cowper Street and Colorado Avenue should be compromised, but bumps on Marion Avenue could be eliminated as recommended by the neighborhood study. Mary Ashley, 3134 Cowper, referred to her letter (on file in the City Clerk's office). She resented not having her opinion 62-283 11/13/89 solicited and believed road bumps were a nuisance and potentially hazardous. The purpose of road bumps was to slow or divert traffic by being hard on cars end people, but were minimally effective in reducing traffic speed and volume. She believed the Fire Depart- ment should have an important voice in the road bump decision because the road bumps would impede the ability to respond quickly and efficiently to emergencies. She urged Council to consider Alternative 4, Remove All Bumps and No Future Installations, as a conclusion to the project because the bumps were of questionable legality and safety, impeded emergency operations, and were potentially hazardous to emergency personnel and victims. Mary Beth Abarbanel, 2521 Webster Street, supported the road bumps on Marion Avenue, Cowper Street, and Colorado Avenue. Problems in cut -through traffic, previously experienced, including buses, trucks, especially around 5:00 p.m., had been greatly reduced by the road bumps. She recommended improved crosswalk visibility, especially at Middlefield at Webster. She urged Council to keep the bumps and consider other measures to increase pedestrian safety in the neighborhood. Tatiana Van Houten, 600 Marion Avenue, said the road bumps reduced the traffic volume and speed on Marion Avenue. She opposed removing the bumps from Marion Avenue because one objective of the program was to have an integrated approach; one street would not have an increase in traffic at the cost of the others. Removing the bumps beat against that point of the study. The bumps were a good beginning; however, more was needed because of heavy commer- cial traffic. She supported the recommendations of the Hoover Park Neighborhood Association. Roland Van Houten, 600 Marion Avenue, supported the road bumps because they were effective in reducing the volume of traffic and vehicle speeds. He urged Council to approve retaining the bumps. Drew Beck, 521 Marion Avenue, supported the bumps because of the reduction in both the volume and speed of automobiles. A year ago, Council voted for a compromise from what the consultant recommended and reduced the number of bumps. He urged Council to find additional ways to help reduce traffic problems in residential areas, and to provide integrity to the program by applying the same decision regarding removal of speed bumps to all three streets. Herb Borock, 2731 Byron Street, urged Council to retain the speed bumps and to add two bumps to Cowper Street, as recommended by the Hoover Park Neighborhood Association. One objective of the experimental project was to reduce the speed limit to 25 miles per hour. The experiment included various distances between bumps, but the ones that were approximately 300 feet apart brought the speed down to the desired goal. The budget approved for the d€monstra- 62-264 As 1 2ct Core d 12/20/89 0 tion project included money for installing two new bumps. He was pleased the specifications called for reflectorized legends in front of the bumps, but doubted if the bumps had been inspected because the existing paint was barely legible. He believed there was a difference in the height of the bumps compared to Menlo Park's speed bumps. He was disappointed there were no traffic counts from Oregon Expressway to Middlefield. Todd Piffero, 2934 Cowper, had a bump in front of her bedroom window. She believed bumps should be placed between Loma Verde and Matadero Creek because speeders on Cowper usually started near Lonna Verde. She hoped the bump could be moved to the other side of Matadero Creek. Louis Bachmann, 570 Marion Avenue, opposed the bumps and was concerned because the City hired a traffic consultant for $85,000 and rejected the recommendations in favor of an in-house plan dictated by nonqual if ied local residents. After the 15 -month demonstration project, a public acknowledgment by the transporta- tion engineer stated there was not a lot of difference with or without the bumps; yet, a staff report notified the public the project was a huge success. The consultant'sspecifications called for a standardized petition, wherein two-thirds of the households within project's zone of influence must consent to the installation of the bumps. He believed the petition should have been given to the community because then Council would have been given instruc- tions as to what approach to take. He referred to his letter (on file in the City Clerk's Office) in which deficiencies currently existing between the in-house plan and the consultant's plan were identified. He believed the City created a safety hazard in the Marion Avenue project due to insufficient lighting. He did not believe the City exercised reasonable diligence because paramedic services response time would be impeded by the speed bumps. Joanne Matthew, 575 Marion Avenue, agreed with Mr. Bachmann and strongly supported the City Fire Department and its opposition to the bumps. Stop signs at major intersections would better deter and slow down traffic, but not compromise public safety. She believed the bumps increased the City's liability and cost too much to install and maintain. She appreciated Council's efforts to listen to the public and hoped it would consider the concerns of the residents on Marion Avenue. Council Member Refuel queried the recommendation that Council take no further action until the California Traffic Control Device Committee (CTCDC) completed its analysis in 12 months. Mr. Stoffel did not know if action would be taken by the CTCDC, but the conaittee and the Institute of Transportation Engineers planned to set up standards for adoption. 62-285 11/13/89 Council Member Renzel queried if cities would be required to retrofit according to the standards. Mr. Stoffel said the standards would not be mandatory until adopted by CALTRANS. Retrofitting could be accomplished with routine maintenance. KOTIONs Council Member Renzel moved, seconded by Fletcher, to approve the staff recommendation as modified: a) adopt the negative declaration; b) adopt the resolution approving permanent installation of the eight road bumps except that an attempt be made to relocate the bump on Cowper and Matadero if feasible, not more than 100 feet to the north; c) direct staff to delay consideration of future road bump installations and the preparation of warrants and procedures until California Traffic Control Devices Committee (CTCDC) completes its analysis or 12 months, whichever first occurs, and further staff to evaluate recommendations of Hoover Park Neighborhood Committee as contained in its letter of October 23, 1989 and additional safety features on Middlefield and Webster; and d) report to the Policy and Procedures (P&P) Committee. $.g.SOLUTIQN 6833 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING PERMANENT INSTALLATION OF ROAD BUMPS IN THE MIDTOWN ROAD BUMP DEMONSTRATION AREA PURSUANT TO CERTAIN DESIGN STANDARDS; AND MAKING FINDINGS WITH RESPECT THERETO" AMBIDNRMT: Council Member Levy moved to amend the motion by adding, to request staff to poll the residences on Marion Avenue and Tasso Street regarding possible removal of the bumps on Marion Avenue while leaving the bumps on Colorado Avenue and Cowper Street, and the polls should clarify that removing bumps on Marion Avenue could lead to greater speed and volume on Marion. AMMOKINT FAX FOR LACK OF A SECOND Council Member Woolley asked about the possibility of using stop signs instead of speed bumps. Mr. Stoffel said control right-of-way, and were not recommended to control speed or volume. Council Member Woolley asked about the suggestions from the Hoover Park Neighborhood Association. Mr. Stoffel said adding bumps would be a big project and budgeted funds were not sufficient. While the bumps were visible, reflec- tors would help. The bumps were built according to specifications. A pedestrian flashing light on Webster would not be recommended 62-286 11/13/89 because a traffic signal was needed and a flashing light created a false sense of security. Textured crosswalk tape was not installed because the manufacturer did not guarantee the thickness of the tape for crosswalks. Regarding bulbouts, the planters were not recommended because they created a large maintenance problem; the Greenmeadow Association had asked that planters there be removed. AMINDK Tz Council Member Woolley moved, seconded by Levy, to delete Item D, the request to refer to staff the evaluation of the Hoover Park Neighborhood Association letter of October 23, 1989, and the recommendations therein for staff to consider improvements for traffic and safety at the Middlefield/Webster intersection. Council Member Fletcher agreed the project was marginally success- ful; more reduction in volume and speed of vehicles resulted when bumps were placed closer together. She believed the bumps should be placed between 150 to 300 feet apart because the closer together the bumps were placed, the better the traffic control. She did not believe the height was standard for all bumps, some were four inches, and should be compromised to three and one-half inches. Costs should be evaluated by staff and brought to the P&P Committee or the F&PW Committee for further evaluation and consideration in future budgets. If the intent of the bumps was to reduce traffic and speeds, then Council should make the program as successful as possible. She urged Council to reject the amendment and give staff the opportunity to make recommendations. Council Member Levy seconded the amendment because the basic motion called for staff to return in 12 months or when the State Uniform Standards were developed. The Hoover Park Neighborhood recommenda- tions should be considered in the context of overall standards. Council Member Renzel had intended for the report regarding the Hoover lark Neighborhood recommendations and the standards to return to the P&P Committee in 12 months; however, there might not be any standards at that time and she did not want the process to stop while waiting for another government agency to take action. She believed the Hoover Park Neighborhood Association was per- suasive about the need for additional bumps, but if standards were to be forthcoming within the next 12 months, the decision should be made then. AKKMDKUT FRU= 3-5, Bechtel, Klein, Woolley "aye." Council Member Sutorius supported the main motion and believed the project should be kept as a package; the bumps_ worked together towards cutting the volume of traffic and improving safety. 62-287 11/13/89 Council Member Cobb queried if a sign "Road Bumps Ahead, Reduce Speed," could be installed to make existing bumps more effective He believed the road bumps worked in reducing the speed of vehicles. Council Member Levy supported the motion and the general success of the program, although the reductions in speed and volume were not as great as anticipated. He was concerned that the residents on Marion Avenue and Tasso Street objected to the bumps and did not believe Council should impose bumps on Marion Avenue. He supported the bumps on Cowper. MOTION PAW= 8-0, Patitucci absent. MUM; 9.20 R.AM -- 930 P.M. 7. Council Members Emily Renzel and E13en Fletcher re Sale of Arastra Land (continued from 11/06/89) (906) Council Member Renzel referred to the memo regarding the assignment to the Finance and Public Works (F&PW) Committee to review the basic policy considerations regarding the sale of Arastra, the identification of the steps to be taken before the City decided to proceed, and an outline of. other relevant factors. Staff prepared the results and concluded the cost would be between $25,000 and $50,000 to update the financial factors of the property. Substan- tial staff resources would also be required to manage the process. On October 3, 1989, the F&PW Committee did not act on the staff recommendation, but on a 3.1 vote, requested the City Manager seek a letter of appraisal with a cost estimate of approximately $5,000. She did not believe the FidoW Committee's action was within the scope of the full Council referral and believed the subject matter was of sufficient public interest that Council should decide whether the City should pursue the matter any further before any money was spent on any appraisal. Mayor Klein said the F&PW Committee voted for two letter ap- praisals, one with respect to the 77 acres and the other in regards to the 13 acres across the street which was privately owned by the Bressler family, Council Member Renzel believed Council should create a policy on Bressler land before spending money on it. The motion before Council dealt only with the 77 acres of City -owned Arastra land. MO•TIO is Council Member Renzelmoved, seconded by Fletcher, to instruct the City Manager not to seek letter of appraisal for the 77 acres of Arastra property. 62288 11/13/89 John Mock, 2823 Alma Street, queried whether the item was correctly agendized at F&PW Committee. The motion which passed requested an appraisal of the Bressler property as well as the 77 acres, yet no mention was made on the agenda of the Bressler property. The notice in the newspaper was the only notification the public had. Not even the landowner was notified that the matter would be discussed that evening. She was only there because of the 77 acres of Arastra land. He had serious questions as to whether Council might be in conflict with the Brown Act on the item. The F&PW minutes did not mention many of his comments, nor many of Jacqueline Bressler's. He did not see any problems with the Bressler's rebuilding the Flying Tail farm: there was local precedents for having a working farm being associated with open space, specifically Rancho San Antonio and the Dubeneck ranch. He objected to Plan A in which the project would tower over the 77 acres and could not be effectively screened by vegetation. His previous comments regarding the worthiness of, the land was not included and neither were the comments of Jobs Brant with any degree of clarity. He reiterated the Arastra item was scheduled for the ?&PW Committee meeting at a time when an opponent of the item was absent, turning the vote into a 3-1 vote instead of a 2- 2 vote. He noted the minutes of the F&PW Committee meeting containing background information should have been included in the extra materials for the public. He urged Council to reject the concept of the sale of the 77 --acre Arastra parcel and requested verbatim minutes of the F&PW Committee meeting to avoid needless repetition before Council. Council Member Levy said John Mock correctly recorded his feeling regarding the Arastra item at the F&PW Committee meeting. If he had been there, he would have agreed with Chairman C )bb's comments, which wererecorded in the minutes, that he had little enthusiasm for a land sale at this time and that a fundamental policy decision could be made without going through an appraisal. Council Member Patitucci opposed the motion because the F&PW Committee action was within the scope of the referral. The question was whether the City should consider the sale of one of its assets to help finance budget problems. Since that time, Council was faced with a decision of how to finance the City storm ewer system and other capital improvements. An ideal situation would be to keep all assets and be able to pay all the bills, but when faced with increased fees of $3.25 per month for every residential homeowner and looking ahead to spending $15 to $30 million of additional public money, Council needed to consider other financing methods, such as converting some of the City's assets. If the worth of the assets was unknown, the public• would not have enough information be make choices regarding options of whether a business license tax was needed, a $7 to $9 a month storm drain fee, or the sale of one asset. The purpose was net by the. 62-289 11/13/89 F&PW Committee and he believed whether the City chose to sell the property or not, it was reasonable to get an estimate of its worth. Vice Mayor Bechtel believed it was a mistake to even consider selling the 77 acre Arastra parcel, so she supported the motion. All City property was valuable, and if the City was so desperate as to sell assets,. Council should be evaluating the sale of air rights, and the City Hall Plaza, which were far more valuable per square foot than the Arastra property. She would not consider selling any of tnose assets. Council Member Woolley acknowledged the F&PW Committee meeting minutes of October 3, 1989, may not have reflected all of what was said, but did reflect Mrs. Bressler's request that the matter be continued which was what the F&PW Committee did. One of the Committee's concerns was that the property not be dealt with in a piecemeal fashion. When the youth hostel was dealt with, there were some unsolved problems; the Arastradero Road had a dangerous curve, the parking lot was on the opposite side of the road, and other situations where the Committee requested more information. The F&PW Committee wanted more information regarding the total package on the Arastra property, so she supported themotion to have the property appraised. While she did not believe the City should sell the 77 acres, she did want to solve existing problems with the Arastra Preserve. She opposed the motion. Council Member Renzel did not disagrees with Council Member Woolley's objectives, but those objectives were not part of the referral t.o the F&PW Committee and should have been sent to the P&P Committee. The matter referred to the F&PW Committee was the sale of the Arastra property and the subject of the motion was the appraisal which had nothing to do with the overall solutions mentioned by Council Member Woolley. She urged Council to support the motion because of insufficient interest in selling the 77 acre Arastra land. Any City real estate would be valued twice as much in terms of future quality of life, and keeping the land was important. Council Member Sutorius opposed the motion and supported comments by Council Members Patitucci and Woolley. The matter was retained in the F&PW Committee, and any judgements the F&PW Committee ma in further review would be thoughtfully and carefully made, and probably challenged by ors of the public. He believed the F&PW Committee made a prudent and fair decision. Council Member Fletcher believed the ultimate decision regarding the sale would be made by newly -elected Council Members and decisions regarding the expenditure of funds relating to the sale of the land should be deferred to the new Council. 62-290 11/13/89 Mayor Klein said staff revised the appraisal cost to approximately $2,000. It was unfortunate not to obtain the information for the use of future Councils. He opposed deferring decisions because Council Members had a responsibility to serve in the public interest during the entire four-year term. He supported the concept of open space, was a co-founder of the Mid -peninsula Open Space District and made the motion to dedicate the 432 acres as open space. The 77 -acre parcel was adjacent to the 432 acres dedicated to open space and the approximately 4,090 total acres of open space in the foothills. Open -space properties should remain open space; however, the decision must be made as to whether a property should be designated as open space or devoted to other uses. The 77 -acre Arastra land was not open space property. The 13 -acre Bressler property was a concern because of its proximity to the Arastra Preserve and the owners could build on it without restrictions. People opposed selling the 77 -acre parcel, but the City was facing financial needs due to environmental problems; costs of services at the Water Quality Control Plant tripled because of stricter requirements of the Regional Water Quality Control Board. It was a mistake not to consider selling the land and to foreclose knowledge of what the land was worth was an even greater mistake. The City of Palo Alto should lead the nation in matters such as water quality, hazardous waste removal, elimination of chlorofluorocarbons, and other environmental problems and without the resources, than: would be impossible. In the Year 2004, the contract with the Western Area Power Association (WAPA) expired, higher electric rates would come into effect and there would be less profits to transfer to the General Fund. The process to sell the 77 acres should be started soon because it could be years before completion and the shortfall could begin before the year 2000. Palo Alto's real estate prices, historically, were ap- proximately 50 to 60 percent above national averages, and last year were 300 percent above the averages. It was a good time to sell because economic history showed nothing kept going up at the current pace. Money from the sale would provide a variety of services to the community and provide the funds necessary for purchasing the Bressler property to complete the 432 -acre, open - space preserve. Without appropriate information, however, judgments would be difficult to make, and Council should be welcoming more information instead of trying to cut it off. Council Member Renzel said the Bressler property was not part of the Arastra referral to the FiPW Committee, but it should have been. Many properties were not park -dedicated and could be considered as assets to deal with financial crises. One parcel should not be singled out to the exclusion c:f the others. She would support evaluating all of the resources to balance finances in the future. 62-291 11/13/89 Mayor Klein believed Council committees should have freedom to ask staff to develop more information when the cost was within the City Manager's discretion. Attempting to take things out of committee, when referred there by Council action, was an abuse of the process and limited the committee's ability to make recommendations before returning an item to Council. NOTION PASS= 5-4, Klein, Patitucci, Sutorius, Woolley "no." 8. Mayor Larry Klein re Chlorofluorocarbon (CFC) Recycling of Automotive Air Conditioning Fluids (continued from 11/06/89) (1440-05) (NOTION: Council Member Klein moved, seconded by Renzel, to direct the City Attorney to prepare an ordinance which would require service stations and auto repair shops to capture and recycle air conditioning fluids containing CFCs. Council Meter Cobb queried staff whether the ordinance would cause an economic burden on anyone. Mr. Zaner was not aware of any, but believed some would surface. Mayor Klein asked for a time frame from the City Attorney's Office. Senior Assistant City Attorney Tony Bennetti said the ordinance would return to Council in sufficient time to meet the deadline, and for discussion and input from affected parties. Council Member Patitucci queried how far Council would be into the process before !t heard from affected parties. Mr. Zaner said those affected would be contacted immediately. The City garage operation would also be affected, so it would need to gather information while the City Attorney researched the zdinance, and provided the information to Council so any difficulties could be addressed by the time the draft ordinance returned to Council. Council Member Patitucci queried if the motion needed an amendment to require that the item return to Council with a report before the draft ordinance was presented, Mr. Zaner said the two activities would be coordinated with the City Attorney's office. NOTION VASS= 9-0. 62-292 11/13/89 1 9. Council Member Ellen Fletcher re Support for Rail Bond Initiative (continued from 9/18/89) (1164) (CMR:527:9) MOTIONs Council Member Fletcher moved, seconded by Renzel, to approve the staff recommendation to: (a) endorse the Clean Air and Transportation Improvement Act of 1990 (PCL); (b) endorse the Passenger Rail and Clean Air Bond Act of 1990 (Costa); (c) direct staff to prepare the appropriate letters for the Mayor's signature to each campaign organization; and (d) direct staff to return to the Council with an analysis of The Traffic Congestion Relief and Spending Limitation Act of 1990 (SCA 1). Council Member Patitucci believed SCA 1 was related and Council should look at the issues as a package. Mr. Schreiber said the Planning and Conservation League (PCL) rail bond measure was a stand-alone measure, separate from the other issues. Council Member Patitucci believed the items were tied together as part of a package, so he could not make a decision on the Rail Bonds without information on the others. He had requested information on the other items when the issue was brought before Council in September because he was concerned about the lack of public information on the gas tax measure. Mr. Schreiber said the two that were interrelated were the Costa Rail Bond Measure and SCA 1, the gas tax measure, to the extent that passage of SCA 1 was necessary for funding of the Costa Rail Bond Measure. He recommended continuing the analysis of SCA 1 and return with a recommendation regarding the gas tax measure. Mayor Klein said the question raised when the itea was previously presented to Council was whether the supporters of the Rail Bond measure would also support SCA 1. If supporters of the Rail Bond measure were not supporting the gas tax measure, both measures could fail. He was interested in hearing what Council Members who were endorsing the rail bond measure would say regarding support of the gas tax measure. Mr. Schreiber said the staff review of the campaign related - literature developed with the PCL bond measure did not identify negative comments regarding SCA 1, the gas tax measure. The campaign had a .long way to go, but at this point in time, staff was not finding negative comments; however, it was generally silent on the gas tax measure. Vice Mayor Bechtel believed staff had done an excellent job of preparing the materialand bringing it back to Council in a complete fashion. Council did not give staff an assignment on 62-293 11/13/89 SCA 1. She supported the motion and the additional staff assign- ment on SCA 1. Council Member Sutorius supported having information regarding the entire package before taking any action. Alan Hirsch, 2539 Ross Road, a member of the CALTRAIN Citizens Advisory Committee, supported the Rail Bond Initiative and said there was no conflict or overlap between SCA 1 and the rail bond. The explicit strategy of the PCL was to not attack SCA 1 and not take a position. If both passed, there would be more money for mass transit. If the rail bond initiative passed and SCA 1 did not pass, there would be less money, but no conflict. He believed they were stand-alone measures. Palo Alto benefited more per capita from the measure than almost any other part of the State. .Santa Clara County would get approximately $77 dollars per capita whereas the State average was $69 per capita. The State gave local counties a three-year deadline to buy the right-of-way and take control or the State would back out. A clear, strong endorsement of the bond measure would move CALTRAIN ahead and improve mass transit service for the Peninsula. The only alternative to CALTRAIN was more roads. The Clean Air Act would put pressure on people to take public transit. Endorsing the rail bond would notify the public that Palo Alto was a transit -oriented City. He urged Council to endorse the rail bond and work for its passage, Council Member Patitucci queried if the CALTRAIN Citizens Advisory Board favored SCA 1 and the Costa Bond Issue. Mr. Hirsch said the CALTRAIN Citizens Advisory Board had taken no position on SCA 1, and he did not know if the group had taken an official position on the Costa Bond measure. Council Member Patitucci said staff did an excellent job clarifying the bond issues, but he was still not clear on whether taking a position on the bond issues made sense without taking a position on SCA 1. He believed Council should be looking at the issues as a total package. Council Member Fletcher said supporters of both the SCA 1 measure and the Mail Initiative Bond Initiative would not oppose the other's measure. The Metropolitan Transportation Commission (MTC) endorsed both the SCA 1 and the Rail Bond Initiative. The Rail Bond Initiative was a stand-alone measure. She urged Council to endorse the Rail Bond Initiative because of its many benefits to Palo Alto and Santa Cla•a County, and direct staff to continue studying SCA 1. Mayor Klein asked Council Member Pletcher if she planned to support SCA1. 62-294 11/13/89 Council Member Fletcher ,said SCA 1 was a very complex issue, but on balance she supported it. Mayor Klein said while all the issues should have been considered as a package, it was important that all of the items be supported. He had been very involved with the issue for several years and strongly supported the total package. Under the last two gover- nors, California ranked lowest per capita in spending on roads; the earthquake proved that was a mistake. The governor campaigned with promises to increase funds for road improvements, but did not carry out those promises. SCA 1 included more than just a gasoline tax to build roads to benefit Palo Alto; it included a congestion management plan and raised the Gann limit. More money was needed for traffic improvements but under current legislation, additional funds could not be appropriated to traffic improvement. He supported all three measures and urged the PCL to support SCA 1. AMENDMENT: Council Member Sutorius moved, seconded by Patitucci, to delete Recommendation (b) and add new Recommendati (d) defer endorsing the passenger Rail & Clean Air Bond Act of 1)90 (Costa) pending Council review of analysis of SCA 1. AMENDMENT PARSED 7-2, Bechtel, Levy "no." MOTION AS AMENDED PABSED 9-0. 10. Ordinance to Delete the Requirement that the Landlord Give the Tenant 60 Days Notice that He Intends to Increase the Rent (continued from 11/06/89) (702-04-02) MOTION TO CONTINUE: Mayor Klein moved, seconded by Cobb, to continue the item to the December 4, 1989, City Council meeting. MOTION ABED 9-0. REPORTS OF OFFICIALS 11. Ordinance Amending FY 1989-90 Budget to Provide Funds for CIP Project No. 45690 for Byxbee Park (1321-05) (CMR:530:9) Director of Public Works David Adams referred to the staff report (CMR:530:9) and said since the Capital Improvement Project (CIP) budget was approved three years ago, charges were made in landfill regulations, creating a need for an .additional $150,000 in the requirements for the park design; and the art work which was not included in the original budget amounted to another $255,000, including $200,000 for the add Alternates and $55,000 in the base bid. Council wanted the art work added, so staff recommended it approve the contract with Granite Construction in the amount of 62-295 11/13/89 $1,551,675 for the base bid and alternatives for construction of Byxbee Park Phase I, including change orders to the contract not to exceed $79,105, and the budget amendment ordinance of $463,000 to support it. Vice Mayor Bechtel queried which parts contained in the staff report were actually art because as she studied the Add Alternates, she observed some of them included benches, wood headers, oyster shell, trash receptacles, interpretive map signs, chevrons, and windwaves. Mr. Adams said the Add Alternates were almost entirely art. For example, trash receptacles were selected to be compatible with work from an artistic point -of -view rather than bare -bones wire containers, so the cost reflected the additional art value. Vice Mayor Bechtel clarified the Add Alternates were all art; however, she did not consider 21 benches, steps, wooden observation platforms, or decks as art so indirectly it was a park environment. Mr. Adams said the items were added by the artist's design and served useful purposes. Council Member Cobb referred to the last page of the staff report (CMR:530:9) where it stated that Council had directed the Reserve to be targeted at $7.5 million, in 1988 dollars, as of the landfill closure date of 1999. He queried how using the reserves as recommended would impact meeting that objective and if that target would be met. Mr. Adams said the target would be met as rates were adjusted according to new regulations. He did not see any problem in meeting the target and believed reserves would be sufficiently built up to meet the new financial requirements of closure and post --closure maintenance. Income would also be received from the new gas lease. Council Member Cobb asked about the magnitude of the rate increases associated with the motion. Mr. Adams the items in the motion would not effect any rate increase, and additional reserves would be accumulated without rate increases. He anticipated other reasons for rate increases in the future. Tonic Macneil, 1650 Waverley Street, Chairman of the Public Art Commission (PAC), thanked Council for supporting the PAC over the years and for raking Palo Alto a liveable City. She urged -Council to support the Byxbee Park recommendation in its entirety. Phase I was an important addition to Palo Alto's aesthetic and open - 62 -296 11/13/89 space heritage, and the City's foresight and resources to support the park would be a continuing source of pride and benefit. As a major work of public art, the park was an integrated design in which one element depended upon another. Postponing elements of the design for later installation would increase costs and create problems. Orlando Maione, 1300 Oak Creek Drive, urged Council to appropriate the funds for the entire Byxbee Park Project to create a complete park. The park would be hindered if the master plan was separated into parts; it was designed as a useful, passive park. Staff worked closely with environmentalists and naturalists to create a unique, 36 -acre park for the City. Mary Jean Place, 809 Northampton Drive, urged Council to support the Byxbee Park Project and the Add Alternates under discussion. The PAC produced an artistic team who worked with the design team to create a sense of place. The artistic statements in the Add Alternative items made one aware of the environment. Lois Vanderbeek, 736 Barron Avenue, was concerned about the windwaves of two 35 -foot high poles supporting a cable with plastic strips to underlay air currents. Birds and plastic did not mix; many plastics deteriorated from the elements and got into the birds digestive system. She saw seagulls trying to eat the plastics during her visit. She did not support spending money for waving, plastic strips in Byxbee Park. MOTION: Council Member Levy moved, seconded by Bechtel, to approve :he staff recommendation as follows; 1. Adopt the Budget Amendment Ordinance in the amount of $463,000. Funds are available from the Refuse Fund System Improvement Reserve. 2. Authorize the Mayor to execute the contract with Granite Construction Co. in the amount of $1,551,675 for the base bid and all add alternatives for construction of Byxbee Park Phase I. 3. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the construction contract with Granite Construction Co. the value of all of which change orders shall not exceed $79,105. ORDINANCE 3907 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PAW ALTO MENDING THE BUDGET FOR THE FISCAL YEAR 1989-90 TO PROVIDE AN ADDITIONAL APPROPRIATION FOR CAPITAL IMPROVEMENT PROJECT NO. 45690 FOR BYXBEE PARK" 62-297 11/13/89 Contract with Granite Construction Company for Construction of Byxbee Park - Phase I Council Member Levy asked whether plastics would be a threat to the birds. Senior Engineer Edgar Ugarte did not have specific information regarding the quality of the plastic used on the poles, but he believed it would last a number of years. The pole field was welcomed and encouraged by the Audubon Society because a number of birds went through the site and the poles provided perching sites. Council Member Levy was liaison to the Public Arts Commission while discussions were held regarding Byxbee Park. The art team, Public Works, and a number of community organizations worked together to enhance the environmental elementsof the Baylands areas, and he was impressed with the thoughtfulness and caring that went into the planning of the groups. The art elements represented approximately $200,000 in the Add Alternatives and he concurred with Vice Mayor Bechtel that a number of those elements were standard park elements, even if not designated as art elements. The cost was higher because of the art features, but walkways, benches, trash cans, etc. were needed. Landscape artists worked together in the design and creation of the elements, so the park would be a credit to the community. By 1999, the reserves would he to the expected levels, so he supported the total package. Council Member Woolley concurred with Council Member Levy. The park was relatively inexpensive, would be left fairly natural, and the environmental art features were important and exciting. Byxbee Park wouldbecome a work of art and it would be a great error to eliminate the art features from the entire package. She urged Council to support the motion. Vice Mayor Bechtel supported the lotion and queried if staff had heard from the Federal Aviation Administration (FAA) regarding the location of the design chevrons. Mr. Ugarte said the Airport Land Commission was concerned that the chevrons could be mistaken for landing symbols. The Burlingame office of the FAA gave staff a letter stating that in its opinion, the chevrons did not represent a hazard to aircraft in the vicinity. Council Member Fletcher said the poles were to act as perching posts for the seagulls and she queried how they were compatible with the waving plastic strips because they would deter the birds. 62-298 11/13/89 1 Mr. Ugarte said the pole field was in an area removed from where the windwave would be, so the two would not be seen from a single point. Council Member Renzel was not enthralled with some of the art work proposed in the plans. Mayor Klein supported the motion, but did not regard the art work as an add-on; it was a necessary component of the park. Without the art work, the landfill would have been a wasteland, and he believed the public deserved a park that was environmentally sensitive and worth the money spent on it. The design was exciting and would promote civic pride. Council Member Patitucci believed Byxbee Park was a culmination of the use of the landfill, and the artistic items were as important as the structural items. He supported the motion, but reminded Council that at some point, the park would require funds from the General Fund. MOTION PASSED 9-0. COUNCIL MATTF24 12. Council Member Gail Woolley re Restoration of the Juana Briones House (263) MOTION: Council Member Woolley moved, seconded by Klein, to direct the Mayor to appoint a Citizen's Committee which would prepare a plan recommending: extent and nature of restoration, cost and funding, provision for ongoing public benefit. The Mayor will appoint a Council Member as liaison to that Committee. In working with the Committee, Council confirms that staff involvement will be limited to providing legal assistance in preparing grant applications and assuring an ongoing public benefit, and when necessary, financial assistance by the City's Finance staff in receiving, depositing and distributing funds. Vice Mayor Bechtel queried if the motion should state the appoint- ment of a citizens' committee to work for the restoration of the Juana Briones house. Council Member Renzel queried if under the Brown Act, it was necessaryto have a staff member present at committee meetings, or if Council needed to be apprised, because the motion did not mention staff involvement. Senior Assistant City Attorney Tony Bennetti was not aware that a staff member would be needed to comply with the requirements of the 62-299 11/13/89 As Correct d 12/20/89 Brown Act. He would work with the committee to determine proper procedures. Council Member Woolley said the motion deliberately avoided saying there would be a staff member; the function would be fulfilled by the Council liaison. The only comparable experience she could recall was when former Mayor Comstock appointed a committee to save the Squire House, and the group met without staff. City Manager William Zaner said an ad hoc committee could meet without compliance with the Brown Act. Council Member Sutorius was concerned whether Federal or State grant funding would be available since only the site, not the house, had been designated as a state -registered landmark. Council Member Woolley said Dorothy Regnery had stated the designation was changed at the Landmarks Commission from "house" to "site." Only two or three walls remained of the original house, so whether it was still considered a house was debatable. Other adobes had been totally reconstructed because the material did not last that long, but were referred to as adobe. Council Member Sutorius clarified there may be restrictions on Federal Assistance Grants identified through the earthquake relief process and the grants may not be as applicable as presumed at the outset. Council Member Woolley said the local inventory listed the property as a house and the Federal Emergency Management Act (FEMA) money was based on the local inventory. MOTION PASSED 9-0. ADJOURNMENT: The meeting adjourned at 11:00 p.m. ATTEST: APPROVED: 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. 62-300 11/13/89 1 1