HomeMy WebLinkAboutOrdinance 5134Ordinance No. 5134A
PALO ALTO GREEN ENERGY AND COMPOST INITIATIVE
The people of the City of Palo Alto do-ORDAIN as follows:
SECTION 1. Findings. The people find and declare that:
(a) The 126-acre Palo Alto Landfill is scheduled to close in 2012, and is currently dedicated as Byxbee
Park.
(b) The closing will terminate the current composting operation at the landfill. Ceasing local composting
will cause significant environmental impacts, as Palo Alto ("the City" herein) will have to haul yard
trimmings and food waste to locations outside the City for disposal or com posting, thereby
generating greenhouse gases and depriving Palo Altans of both yard trimming drop-off and local
compost.
(c) The incineration of sewage sludge residues at Palo Alto's regional wastewater treatment plant also
generates significant green-house gases and creates a hazardous ash residue now disposed of in the
Central Valley.
(d) These adverse environmental impacts can be substantially reduced by a facility converting organic
wastes by biological or other equally environmentally protective means.
(e) Such technologies would also generate renewable energy and high-quality compost, as well as
achieve substantial savings by avoiding the cost of natural gas to operate the incinerator.
(f) Revenue for the City could be generated through the sale of renewable energy and compost, fees
for receipt of organic materials, and savings in fuel purchases. Funding for construction could come
from sources other than the General Fund.
(g) Locating the facility next to the wastewater treatment plant, as recommended by Palo Alto's
Compost Blue Ribbon Task Force, would avoid transport of sewage sludge and allow other savings.
There is no other suitable location in the City.
(h) The facility would require that a small portion of the former landfill not yet developed as usable
parkland, approximately ten acres, be removed from park dedication.
(i) Other areas of equal or greater acreage are available to be converted to parkland at the Council's
discretion.
G) No funding currently exists for development of Byxbee Park. The Council could use the
revenue generated as described in Finding (f) for that purpose.
SECTION 2. Amendment of Comprehensive Plan.
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The land-use designation of the property described below (the "Property" herein) in the Comprehensive
Plan shall be changed from Public Parks to Major Institutions/Public facilities:
"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 ss· 58' SO" 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 so• 22' 18" East 652.20 feet; thence North
41• 35' 41" West 633.72 feet to a point on said southerly line ofthe Sewage Treatment
Plant Parkland exclusion; thence along said Sewage Treatment Plant Parkland
exclusion, South s2· 42' 10" West 671.94 feet, to the True Point of Beginning."
SECTION 3. Amendment of Baylands Master Plan.
The current language in the Section on page 78 of the Baylands Master Plan entitled "Com posting
Operation" is amended as follows:
(a) The second and third paragraphs under "Background and Function" are deleted.
(b) The section entitled "Future of the Com posting Operation" is amended to read as follows:
"Like the Recycling Center, the original composting operation was located in the
Landfill Area and must vacate its current site to accommodate the landfill's final
grading and conversion to (1) a 10-acre site for conversion of organic wastes by
biological and/or other equally environmentally protective technology; and (2) pastoral
park in the remaining area."
(c) Page 71 of the Plan is amended to add the following immediately above 'Mayfield Slough
Remnant Marsh': 'Revision of the final grading plan may be required to accommodate the new
facility referenced on page 78.'
(d) Any language elsewhere in the Plan inconsistent with this ordinance shall be inoperative.
SECTION 4. Amendment of Zoning Ordinance.
The last line of the first box under PUBLIC/QUASI-PUBLIC FACILITY USES in Table 1 of Section 18.28.040
of the Zoning Ordinance is amended to read as follows:
" ... other government agency, or leased by any such agency to another party."
SECTION 5. Removal from Parkland.
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 municipal organics and/or
sewage sludge from the regional wastewater treatment plant by biological and/or other
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environmentally equally protective technology. An illustration of the Property in relation to Byxbee Park
is attached as Exhibit "A."
SECTION 6. Mitigation.
(a) The Facility shall include all feasible methods for mitigating any significant environmental impacts
identified during environmental review, including visual, sound and odor.
(b) To avoid impacts on Byxbee Park, access to the Facility shall be by Embarcadero Way.
SECTION 7. Reversion.
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.
SECTION 8. Conditional Request for Special Election.
If the required signatures are obtained, petitioners request that this Initiative be submitted to the voters
in 2011.
SECTION 9. Severability.
If any section of this initiative ordinance or part hereof is held by a court of competent jurisdiction in a
final judicial action to be void, voidable, or unenforceable, such section or part hereof shall be deemed
severable from the remaining sections and shall in no way affect the validity of the remaining sections.
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Resolution No. 9216
Resolution of the Council of the City of Palo Alto
Declaring the Results of the Special Municipal Election
Held on Tuesday, November 8, 2011
WHEREAS, on November 8, 2011, a special election was consolidated
with certain school districts and certain special districts in Santa Clara County, and duly
held in the City of Palo Alto pursuant to Government Code Section 53724 and Election
Code Section 9222, for the purpose of submitting MeasureD to the voters of the City, in
the form set forth below:
To provide the City with greater control over employee costs, staffing and .
. services and allow the City Council to make final decisions regarding all
matters related to public safety employee compensation, benefits, and
working conditions shall Article V of the Palo Alto City Charter be repealed
in its entirety, eliminating the requirement that public safety employee
disputes be resolved through binding interest arbitration?
WHEREAS, on November 8, 2011, a special election was consolidated
with certain school districts and certain special districts in Santa Clara County and duly
held in the City of Palo Alto pursuant to Government Code Section 53724 and Election
Code Section 9222, for the purpose of submitting Measure E to the voters of the City, in
the form set forth below:
Shall ten acres of existing parkland in Byxbee Park be undedicated for the
exclusive purpose of building a processing facility for yard trimmings, food
waste and other organic materials?
WHEREAS, due and legal notice of the special municipal election was
given as required by law; and
WHEREAS, on the 8th day of November 2011 at 7:00 a.m., the polls were
duly and regularly opened for the special municipal election and the polls were
continuously kept open until 8:00 p.m.; and
WHEREAS, 43.9% of eligible voters cast ballots in the election; and ·
WHEREAS, the Registrar of Voters of Santa Clara County has conducted
a complete and official canvass of the returns of the election; and
WHEREAS, Article Ill, Section 4 of the Charter of the City of Palo Alto
requires the Council to act as the canvassing board to canvass the results of such
elections; and
WHEREAS, on December 12, 2011, the Council of the City of Palo Alto
met at its usual place of meeting, canvassed the returns of the special municipal
election and declared the results thereof;
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE
as follows:
SECTION 1. The Council finds and declares that:
(a) A special election consolidated with certain school districts and
certain special districts in Santa Clara County was duly and regularly held on November
8, 20~ 1, pursuant to the Elections Code Sections 9268 and 9269, and the election laws
of the State of California for the purpose of considering Measure D.
(b) The total number of votes cast in the City at said Special Election,
including votes cast upon absentee ballots, was 15,263.
(c) The total number of votes given and cast for Measure D at said
election, including votes cast upon absentee ballots, was as follows:
YES
NO
TOTAL
10,319
4,944
15,263
(d) The results have a majority of votes for the Charter Amendment for
Measure D; therefore the· Charter is amended.
SECTION 2. The Council finds and declares that:
(a) A special election consolidated with certain school districts and
certain special districts in Santa Clara County was duly and regularly held on November
8, 2011, pursuant to the Elections Code Sections 9214( d) and 9217, and the election
laws of the State of California for the purpose of considering Measure E.
(b) The total number of votes cast in the City at said Special Election,
including votes cast upon absentee ballots, was 15,391.
(d) The total number of votes given and cast for Measure E at said
election, including votes cast upon absentee ballots, was as follows:
YES
NO
TOTAL
9,946
5.445
15,391
(d) The results have a majority of votes for the Measure, therefore the
Measure is approved.
SECTION 3. Attached hereto as Exhibit "A" and incorporated herein by
this reference is the statement of the results as required by Section 1 0264 of the
California Elections Code.
INTRODUCED AND PASSED: DECEMBER 12, 2011
AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID, YEH
NOES:
ABSENT: SHEPHERD
ABSTENTIONS:
ATTEST:
APPROVED AS TO FORM:
EXHIBIT A
CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
I, Elaine Larson, Acting Registrar of Voters of the County of Santa Clara, State.
of California, hereby declare:
1. A Consolidated Election was held in the County of Santa Clara, in the City
of Palo Alto, on November 8, 2011 for the purpose of submitting the following
measure to the voters:
D To provide the City with greater control over employee costs,
staffing and services and allow the City Council to make final decisions
regarding all matters related to public safety employee compensation,
benefits, and working conditions, shall Article V of the Palo Alto City
Charter be repealed in its entirety, eliminating the requirement that
public safety employee disputes be resolved through binding interest
arbitration?
2. The official canvass of the returns of the election was conducted by the
Office of the Registrar of Voters in accordance with the appropriate provisions of the
Elections Code of the State of California.
3. The Statement of Votes Cast, now on file at my office, shows the whole
number of votes cast for Measure D in each of the precincts and the total shown is true
and correct.
WITNESS my hand and Official Seal this 21st day of November, 2011.
Elaine Larson, Acting Registrar of Voters
CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
I, Elaine Larson, Acting Registrar of Voters of the County of Santa Clara, State
of California, hereby declare: ·
1. A Consolidated Election was held in the County of Santa Clara, in the City
of Palo Alto, on November 8, 2011 for the purpose of submitting the following
measure to the voters:
E Shall ten acres of existing parkland in Byxbee Park be undedicated
for the exclusive purpose of building a processing facility for yard
trimmings, food waste and other organic materials?
2. The official canvass of the returns of the election was conducted by the
Office of the Registrar of Voters in accordance with the appropriate provisions of the
Elections Code of the State of California.
3. The Statement of Votes Cast, now on file at my office, shows the whole
number of votes cast for Measure E in each of the precincts and the total shown is true
and correct.
WITNESS my hand and Official Seal this 21st day of November, 2011.
Elaine Larson, Acting Registrar of Voters
Santa Clara County
REGISTRATION & TURNOUT
Santa Clara County
Completed Precincts: 125 of 125
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OFFICIAL FINAL RESULTS
Cumulative Totals
Member of City Council CITY OF SUNNYVALE seat 4
Completed Precincts: 57 of 57
~easure A-City of Sunnyvale, Elect Mayor
Completed Preclnc_ts:
SCC_201111 OS_E
November 8, 2011
57 of 57
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ORCHARD SCHOOL DISTRICT GoV Board Mbr Measure B -City of Sunnyvale, Council Compensat.
Number to Vote For. 2 Completed Precincts: 57 of 57
Completed Precincts: 57 of 57
Completed Precincts: 9of9
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DIANA NAZAR! . . . . . . • ' 223 20.98'!6 Measure C -City of Cupertino, Trans Occupancy Tax
SUNNYVALE SCHOOL DISTRICT Gov Board Mbr
Completed Precincts: 57 of 57
Completed Precincts: 26 of 26
Number to Vote For: 2
Completed Precincts: 31 of 31
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Measure D -City of Palo Alto, Arbitration
Member, City Council CITY OF CUPERTINO
Number to Vote For: 2
Completed Precincts: 26of26
Run Datemme: '11/16/11 3:17:32 PM
Completed Precincts: 57 of 57 Completed Precincts: 33 of 33
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Santa Clara County OFFICIAL FINAL RESULTS scc_20111108_E
Cumulative Totals November 8, 2011
Measure E • City of Palo Alto, Compost Facmty
Completed Precincts: 33 of 33
Runoate/Tlme: 11/161113:17:32PM Page2of2