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HomeMy WebLinkAbout1989-04-24 City Council Summary MinutesCITY COUNCIL MINUTES PALOALTO CITY COUNCIL MEETINGS ARE BROADCAST LIVE VIA KZSU - FREQUE NCY9Q.1 ON FM DIAL Regular Meeting April 24, 1989 11.121 1. Centennial Appointments Oral Communications PAGE 61-306 61-307 Minutes of March 20, 1989 61-3G7 2. »fanning Commission Recommendation re 61-307 Application of James Sagora for a Preliminary Parcel Map for Property Located at 341 El Carmelo Avenue (Continued from 4/17/89) 3. Mdman Relations CeJmmission re Human Relations Commission re Human Services Resource Allocation Process -- Recommendations for 1989-90 4. Finance and Public Works Committee Recommendation re Palo Alto Airport Abandoned Tank Site and Tank at the Palo Alto Landfill Site 61-309 61-309 5. Report from the War on Waste Committee 61-310 6. Report from the Volunteer Task Force on 61-316 Chlorofluorocarbons 7. Ordinance to Prohibit the Sale or Use of 61-318 Packaging Manufactured with Chlorofluoro- carbons 61-304 4/24/89. IIEN 8. Recycle Bins for Multi --Family Residences - Authority to Request Proposals from Consultant 9. Compostable Plant Debris Co llection Program 10. Regional Water Quality Control Plant Discharge Permit Studies 11. Lifer Fee Cost Allocation Study 12. Agreement between the City of Palo Alto and Stone & Youngberg for Underwriting Services 250 University Avenue Off -Street Public Parking 13. Council Member .Gail Woolley re State Recycling Legislation Adjournment at 11:20 p.a. i P GE 61-319 61-319 61-322 61-325 61-326 61-326 61-327 61-305 4/24/89 Regular Meeting April 24, 1989 The City Council of the City of Pala Alto met on this date in the Council Chambers at 7:35 p.m. Mayor Klein announced the need for a Closed Session to discuss Fowler 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 (arrived at 7:38 p.m.), Cobb, Klein, Fletcher, Levy, Patitucci (arrived at 7:39 p.m.), Renzel, Sutoriue, Woolley SPECIAL ORDERS or TIM DAY 1. Centennial Appointments (1307-02) Council Member Woolley announced that Administrator, Special Events and Public Information Anne Cribbs had been appointed as staff liaison to the Centennial Committees. The Steering Committee would be involved with the overall structuring of the Centennial Committees and determining the relationship between the Steering Committee and the City. She expected the Centennial Committee to grow much larger and for the Steering Committee to grow somewhat. MOTION: Council Member Woolley moved, seconded by Levy, to appoint the following persons to the Steering Committee: Bernhardt Foster Graham Johnson Maione Moeller Richardson Schubert Sweeney Waters Appoint the following persons to the Centennial Committee: Brown, G. Brown, T. Dewing Diamond George King MQ?IOW PAS 9-0. Litfin Nevin Saldich Silvers Woods 61-306 4/24/89 • QRAL COMMUNICATION 1. Edmund. Power, 2254 Dartmouth Street, spoke regarding Palo Alto harbor. 2. William Anderson, 890 Seale Avenue, spoke regarding the State of the City Address, specifically with respect to the selling of the Arastra property and the utility users tax moneys. 3. Jackie Styles, 2745 Monterey Road, San Jose, spoke regarding the Palo Alto train depot. 4. JoAnn Sustriek, 1214 Clayburn Lane, spoke regarding the Palo Alto train depot. APPROVAL OF MIS MOTION: Council Member Bechtel moved, seconded by Fletcher, approval of the Minutes of March 20, 1989, as submitted. MOTION PASSED 9-0. UNFINISHED BUINESS 2. Planning Commission Recommendation re Application of James Sagora for a Preliminary Parcel Map for Property Located at 3411 - El Carmelo Avenue (continued from 4/17/89) (300) CMR:236:9) NOTION: Mayor Klein moved, seconded by Levy, to reopen the Public Hearing. MOTION PARSED 9-0. Mayor Klein declared the Public Hearing open. Thomas E. Whitford, applicant, 670 Kirk Glen Drive, San Jose, CA 95133, said the side and rear yard setbacks were in excess of the code requ i rements e He urged support for the project. Mayor Klein declared the Public Hearing closed. NOTION: Council Member Cobb moved, seconded by Renzel, to approve the Planning Commission recommendation to deny the application for a preliminary parcel snap with exceptions: 1. The proposed subdivision is not consistent with the Comprehensive Planr because it does not maintain the general low -density character of the existing single-family area. - 61-307 4/24/89 2. There are no exceptional circumstances or conditions affecting the property. 3. The applicant's property rights are not substantially impaired, because of the following two reasons: a. The applicant has the alternative of proceeding with the original subdivision approval granted by the City Council in November of 1988. b. The applicant could proceed with a certificate of compliance to re-establish three substandard lots. Council Member Cobb believed there were only two choices before the Council. The three lot pattern was unlikely because he doubted it provided an economical formation of lots, particularly since one would likely face on a street with such massive setbacks that it virtually could not be built upon. The choices were between a two lot subdivision with two, two-story homes, or a two lot subdivision that would probably preserve the existing home and provide for the construction of a smaller one-story structure. The latter was far more in keeping with the neighborhood. Vice Mayor Bechtel said there were nany two-story homes in the neighborhood. With the applicant's proposal, a footprint condition could be added to protect the styrrounding neighbors. She would not support the motion. Council Member Patitucci generally agreed with Vice Mayor Bechtel. He opposed the motion. Council Member Levy was concerned about Council indirectly opposing two-story homes. Council was not circumscribing the right of anyone in the area to add a second story to their home or build a new two-story house on their lots. Creating one large lot would, in due time, support one large, two-story structure, and one small lot, which would be even more of an intrusion into the neighborhood than what the developer proposed. The developer's proposal to have two almost regular size lots, was a better objective in the long run. The applicant's proposal to specifically circumscribe the footprint to ensure that even though the lots were five feet shorter than 100 feet in length, they would, in fact, have greater setbacks, particularly in the backyard area and in one case, in the side setback. MOTION P SS8D 5-4, Bechtel, Klein, Levy, Patitucci voting "no." 61-308 4/24/89 EXPORTS OF COMMITTEES AND COMMISSIONS 3. Human Relations Commission re Human Services Resource Allocation Process - Recommendations for 1989-90 (1030) (CMR:239:9) Human Relations Commissioner Dick Roe introduced Nancy Bartos who presented a taped slide show regarding human resource needs in the community. He affirmed the need for City support of human services agencies. Steven Avis, 284 Margarita Avenue, supported and confirmed the need for human services, and said a directory of human services was available. Pamela Cooper -White, Hid -Peninsula Support Network for Battered Women, spoke to the importance of early intervention, prevention, education and legislative advocacy. She affirmed the work of the Human Relations Commission (HRC). MOTION: Council Mier Cobb moved, seconded by Renzel, to approve staff recommendation to: 1. Adopt the Human Relations Commission's (HRC) Human Services Priorities for fiscal year 1989-90; 2. Direct staff and the HRC to further examine the development of non -financial support for identified priority services; and 3. Eased on review of these recommendations and existing service providers, not request proposals for new or expanded services. Council Member Cobb was impressed at the energy of the HRC and Margo Dutton in serving the needs of the community. MOTION PARS D 9-0. 4. Finance and Public Works Committee Recommendation re Palo Alto Airport Abandoned Tank Site and Tank at the Palo Alto Landfill Site (1072-01) (CMR:158:9) NOTION: Council Member ' yobb for the Finance and Public Works Committee moved to adopt the staff recommendation as follows: 1. Adopt the budget amendment ordinance of $250,000, including $200,000 from the Reserve for Capital Projects to fund additional soil assessment and ramediation design at the Palo Alto Airport abandoned tank site, and $50,000 from the Reserve 61-309 4/24/89 for Refuse System Improvements to fund the investigation, design and repair of the tank at the Palo Alto landfill site,. 2. Authorize staff to amend existing Consultant Agreement No. C-4504 with EMCON Associates by up to $260,000 for additional services at the Palo Alto Airport site. 3. Authorize staff to amend existing Contract No. C-0000765 with Semco, Inc, by up to $101,000 for additionalservices at the Palo Alto landfill site. ORDINANCE 3866 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89 TO PROVIDE AN ADDITIONAL APPROPRIATION FOR TANK SITES INVESTIGATION, TESTING, DESIGN, AND REMEDIATION" Council Member Patitucci asked if there were any opportunities for cost sharing and why the matter could not wait for the normal budget process. City Manager Bill Saner said there was disagreement with the County as to the responsibility of the abandoned tank at the Airport. He bel ieved some form of cost sharing could be worked out with the county. The City's objective was to clean up the problem and deal with the costs in duty time. Director of Public Works Dave Adams said the urgency of the matter was the pressure to clean up the poblem. The first priority was to investigate the leak and devise a means to clear. it up. The clean-up aspect would return as a part of the budget. Vice Mayor Bechtel said the item was first before the Council in February, and was referred to the Finance and Public Works (F&PW) Committee because of concerns regarding the budget process. The F&PW Committee recommendation was unanimous. She did not believe the matter could wait. A known leak, no matter who was respon- sible, needed to be cleaned up. She supported the recommendation. MOTION PASSED 9-0. 5. Report from the War on Waste Committee (1440) (CMR:243:9) Deputy Director, Public Works Operations Nike Miller introduced Irene Sampson, Chairperson, War on Waste Committee Irene Sampson, 3992 Bibbitts Drive, said when the original City Task Force on Plastics decided to concentrate on the investigation of the use of Chlorofluorocarbons (CFCs) beyond plastic food packaging, the War on Waste (WOW) Carsittee was asked to look at the feasibility of adding the use of nonbiodegradsble packaging 61-310 4/24/89 originating in the City. The WOW Committee served in an advisory capacity to the Public Works Department on issues related to solid waste aanagement particularly recycling. Because plastics were made from nonrenewable resources, were not recyclable in most cases, and there was insufficient evidence regarding degradable plastics to prove that the end products of the breakdown ware not harmful, it was concluded that where there were acceptable and readily available substitutes, the use of certain plastic con- tainers and packaging should be banned or curtailed in Palo Alto. Reducing the total amount of packaging used, plastic and paper, was an equal if not more important goal. Recommendations also focused on efforts to educate the public about what steps could be taken, the need to involve the Palo Alto Unified School District (PAUSE) and Stanford University in similar actions, and City support for legislation on all levels to address the packaging problems. She urged support for the recommendations. Steven Avis, 284 Margarita Avenue, said many items in food service were made out of polystyrene foam. The term "styrofoami" was a trademark of the Dupont Company and the term "polystyrene foam" was used for a variety of colored and odd -shaped materials which provided insulating material and served as food containers. Cardboard containers were available and were recyclable. There needed to be an effort towards reduced waste, ane while cardboard was found to be a suitable substitute for the polystyrene foam, the public and manufacturers needed to be encouraged to reduce the number of items going into the waste stream. He urged support of the recommendations. Richard Derr, 515 Blackstone Drive, San Rafael, CA 94903, represented James River Co., which manufactured foam cups. He had been a guest speaker at a WOW Committee meeting. Plastics, particularly polystyrene and polyethelene, which made bags, were easily recycled. The manufacturers scrap was shipped to a recycler. Collection, as in any recycling program, was the key. Polystyrene foam represented about three -tenths of one percent of the waste stream, and it was difficult to collect since it was often contaminated with food, zany cities included plastics in their recyclable curbside collection programs. While polystyrene fc:» or food packaging was not widely recycled in the area, it would become more so as industry programs to promote it expanded. Plastics to and less resources than paper and it was difficult to say whether it was better to use a tree or natural gases. Regarding CFCs in polystyrene food service items, 30 percent formerly contained CFCs and 70 percent never did. He believed the proposed ordinance was largely unnecessary, but agreed CFCs should not be used. 51-31,1 4/24/89 1 Kurt Newick, 2330 Sai Dec Drive, #1, was a member of the CFC Task Force, and said it was practically impossible to recycle poly- styrene food containers because they were contaminated with food. Mayor Klein clarified the staff report suggested Council not accept the WOW Committee recommendations at the present time, but rather to continue the matter for 18 months until the fall of 1990. Mr. Adams said that was correct. There were insufficient staff or other resources to handle any new assignments. Mayor Klein asked how much staff time would be required. Assistant City Manager June Fleming referred to the recommendations which required lobbying and educational efforts, and said the City's legislative thrust had been reduced because of staff reductions. She saw no problem with Council acting on portions of the recommendations such as preparing an ordinance and education, but staff would have to return with a plan for following through or enforcing the ordinance. She deferred response in terms of how much staff time would be required for each item. If Council accepted the recommendations dealing with each of the items, staff could put together an implementation_ plan with cost and staffing and return to Council within a .aonth. ) IoN; Council Member Woolley moved, seconded by Fletcher, to approve the War on Waste Committee's recommendations as modified: 1. Direct staff to prepare an ordinance, eff _ctive July 1, 1990, banning non -recyclable, disposable polystyrene and rigid plastic food serv4..ce items used by restaurants, delicatessens, fast food establishments, business cafeterias, street vendors, and grocery store meat and produce departments. 2. Direct staff to prepare an ordinance, effective January 1, 1990, requiring all retail stores to offer either paper bags only or a choice between paper bags and plastic bags at the checkstand or cash register as well as in the produce, bulk foods, and meat departments. 3. Direct staff to purchase and use alternatives to food service items made from' polystyrene foam and disposable rigid plastic for any City sponsored function, seating or staff use, whether: a) the City purchases directly, or b) used by a future food service proviMar, or c) if feasible, by an existing service provider. 61-312 4/24/89 4. That the Council direct the Mayor to send letters of encouragement to both the Palo Alto Unified School District and Stanford University to follow the guidelines set forth in this report when servicing food. 5. Further, request, the which efforts listed B of staff report undertake. War on Waste Committee to report back on in Recommendations 4, 5, 6 and Appendix (CMR:243:9) they would be willing to Council Member Woolley commended the report from the WOW Committee. Plastics had the longer life expectancy than almost anything in the environment, but the polystyrene kinds of plastics had a short use time, which was why people tended to focus in on them. Plastics came from a nonrenewable resource, and were the fastest growing component of the waste stream, e.g., between 5 and 7 percent. The figures were misleading because the percentages were based on weight, and if the waste stream was measured by volume, plastics represented more like 25 percent. Compared with other efforts to reduce the amount of metals and glass generated into the waste stream, the same efforts were needed for plastics. Plastics were not a part of the City's recycling program except for the two litre bottles. Some plastics were photodegradable if they were in the sun. There were questions about whether plastics were "biode- gradable" because there were questions about whether anything inert could be biodegradable. • The government limited non -recyclable packaging in Europe, and some states in the country either passed or proposed similar actions. She realized the need to have the word "non -recyclable" defined, but added the word in the first part of her motion because there were pros and cons to plastics. She was more interested in banning non -recyclable plastics, and when there was some type of a collection program for plastics, the City's ordinance would allow for their proper use and disposal. Council Member Fletcher asked about the prospects of including plastics in the City's recycling program. Mr. Miller said the City currently picked up the two litre bottles, but there was not a local market for them. Staff had not pursued polystyrene products at all. Council Member Fletcher supported the motion. She suggested that the War on Waste Committee might also work with the Parent Teachers Association in its endeavors regarding a poster and slogan contest in the schools. Council Member Patitucci queried whether the proposed actions would include odvsrse budgetary effects. 61-313 4/24/89 As Corrected 6/5/89 f Council Member Woolley clarified point five of the motion where the WOW Committee was asked to respond on what it could undertake, she had not included any City staff time. Beyond the City staff liaison to the WOW Committee attending the meetings as was currently the process, providing the mailing, and perhaps making arrangements with involved City facilities, the rest of the work would be done by the Committee. City Attorney Diane Northway said point number two in the motion was a fairly straightforward request for an ordinance. Point number one would require staff support from other departments in terms of dealing with the recyclable issue. While she would be interested in hearing from citizens and other groups, drafting the ordinance would require reliance on staff research regarding the recyclability of disposable polystyrene and plastic food service items. The research would not ordinarily be undertaken in the City Attorney's office. She would look to other staff assistance. The direction for the first ordinance was a longer and more involved issue. Council Member Levy asked for clarification regarding encouraging Stanford to follew the guidelines in the WOW Committee report during the next garbage contract negotiations. Mr. Miller said annually the City and Stanford negotiated a renewed disposal contract for its exclusively collected garbage to be delivered to the City's landfill. He believed the reference indicated some conditions might be included in the disposal agreement. Stanford had not been consulted regarding such a condition. Council Member Levy supported the work of the WOW Committee and the direction taken by the recommendations. He was concerned about recyclable versus non -recyclable and what considerations might be involved with the next garbage contract negotiations. He would be interested in the answers to his questions when the proposed ordinances were before the Council. Vice Mayor Bechtel noted that grocery store meat wrapped items would be banned effective July, 1990. She queried what would be used as an alternative to the polystyrene bottom. Mr. Avis agreed the polystyrene bottom would be a difficult item to limit. It would take investigation as to reasonable alterna- tives. Vice Mayor Bechtel suggested the grocery store meat item should be deleted from the list and returned to the WOW Committee. 61-314 4/24/89 Council Member Woolley believed meat trays were included in Portland and Berkeley ordinances as a part of the list of bans. There must be an alternative. Council Member Sutorius believed the use of the word "non - recyclable" might produce the technical qualifications to get around the meat tray situation even though technically it could not be recycled because of food contamination. The real question would be how many items would qualify as recyclable and how many were actually recycled. He assumed the effective date of July 1, 1990, for point one was intended to provide the long lead time of notification by taking a preliminary action followed up with the previously announced intended permanent action. He sensed it would be a while before the matter returned to Council from the City Attorney's Office. If the motion passed and the ordinance returned at some future time, Council needed to be prepared to extend the July 1, 1990 date because while it was in a tentative status and the City Attorney was being asked to prepare an ordinance, there were members of the food service community, grocery store business, etc., as well as manufacturers and providers who would wait until the last minute to consider alternatives. He believed the subject would take staff time and effort and Council needed to be honest in its assessment. As Council approached the budget process, staff had been directed to be conscientious and conservative for the forthcoming year. When Council supported a popular principle or proposal, it was easy to think the tasks involved were not time- consuming or would cause any diversion from other work activities. The proposed ordinance would take investigation, continuing follow- up on th:a progress of proposed or enacted similar ordinances in other jurisdictions and challenges if any. Council had a history of acting on its convictions even though there might be challenges, but recent experience showed despite the collective convictions of the Council and all of the best advice, a judge might not agree. His vote in support of the motion in noway committed his vote when the actual ordinance returned to the Council. He would pay close attention t� what transpired in the interim. As to the ordinance effective date and wording, he would evaluate the risk to the City because when the risks were lost, the money came out of the pocket of all the citizens and taxpayers. Council Member Renzel supported the ordinance. The landfill was on the edge of the Bay, and pieces of the foam plastics ended up floating in the water around the edge of the Bay, and did not bio- degrade. It was a step in the right direction to try and use other materials. In response to the potential litigation sugges- tion. the food vendors were changing to other materials and there would probably be a certain amount of welcoming of en ordinance which put all the vendors on equal footing. 61-315 4/24/89 Mayor Klein agreed with Council Member Renzel. He was concerned about the "non -recyclable" language but was willing to see what staff came up with. Council Member Fletcher might be eight that "recyclable" meant the City had a recycle program for the par- ticular item. If that was the case, he could live with it. He did not want to see a definition that would lead people to argue over recyclability. He supported the July 1, 1990 date. He did not believe the four items being considered required a lot of staff time, but he was concerned and appreciated how staff might be feeling traumatized by Council's instructions to cut things back. Recycling had so much significance and the City could accomplish a great deal by a relatively small amount of effort particularly since the volunteer effort was so strong. it was a poor place to cut or delay things. He supported the motion. Council Member Renzel pointed out no food service dealers protested the proposed ordinance. She clarified the term "non -recyclable" only related to the plastics because the City did not recycle paper plates or things of that nature. Council Member Patitucci supported the motion. The recycling issues fell into a pattern of Council wanting to do a lot of good and not looking at the cost side of the issue. He suspected Council would see the impact of its financial decisions in the next couple of years. The proposed Charter amendment could lock in place a number of fire and police personnel which would constrain future budget decisions of the Council. Council should do contingency planning to be prepared for making decisions on what kinds of things could not be done in a year or two if the proposed initiative passed. He would be looking at every item before the Council in terms of such tradeoffs. He was not prepared to support any money or additional staff time and assumed the proposed ordinance might be done but implementation and enforcement delayed as a result. While recycling was an important issue, it was important to see the priorities against which Council needed to consider it. NOTION PASSED 9-0. $&CESS t _►:31 - 40152 P.M. 6. Report from the Volunteer Task Force on Chlorofluorocarbons (1440) (CMR:241:9) Deputy Director, Public Works Operations Mike Miller introduced Terry Trumbull, Chair of the Volunteer Task Force on CFCs. Mr. Trumbull said on January 1, 1989, the Montreal Treaty went into effect which basically required a 20 percent reduction in the use of CFCs worldwide. Another 20 percent reduction would be required 61-316 4/24/89 in 1993 and another 30 percent in 1998. The Committee considered the areas of electronics, solvents, building foam, refrigerants and all the different applications\_which added up to about 100 percent of the CPC use. He believed industry was moving as fast as possible since many CFC applications, including the fast food packaging, were largely replaced or nonexistent. Because of the way the treaty bans were being implemented, i.e., nonessential uses were being phased out relatively quickly, and the ones for which there were almost no alternatives readily available such as electronics would be the last to be _phased out. Typically, government regulated business and industry in the mistaken belief they were a major part of the problem but did not think of themselves as a user. The City was also a regulator particularly in the Fire Department where people were required to use a certain kind of halon test for which there were alternatives. The report urged the City to adopt another test presently being supported by fire people throughout the State. The ban on the CFCs in the fast food industry was a significant symbolic gesture that the City was doing something effective. Council Member Woolley queried whether it would be possible for the Volunteer Task Force (I CFCs to return to Council with the items the Committee was willing to consider by itself without staff support beyond its attendance at meetings. Mr. Trumbull said the Committee was willing to continue par- ticipation. Mayor Mein believed there were three recommendations on which Council could take immediate action, e.g., to adopt the National Fire Protection Association 12A code; ban insulation and foam and home carpet padding made with CFCs in all City projects; and, send a letter to President Bush with regard to the Montreal Treaty. He queried how major a project it would be to cosponsor CFC symposiums for industry. Mr. Trumbull said industry realized the need to educate themselves about CFCs. IBM was making significant efforts in waste reduction with waste minimization techniques. He believed there would need to be minimum involvement by staff. The Treaty was being imple- mented by a ban on production. Vice Mayor Bechtel asked how much work was involved with Adopting the National Fir. Protection Association 12 A (code) on halon total flooding systems and banning building insulation and foam carpet padding made with CFCs for all City --funded construction projects. City Attorney Diane Northway said the banning of building insula- tion and foam carpet padding made with CFCs for all City -funded construction projects would be written into the City's 61-317 4/24/89 1 specifications. Her office was in the process of rewriting all of the specifications and the ban could be folded into the project. Mr. Zaner said the Fire Marshall concurred the testing procedure could be changed and the new Fire Code would provide for it when amended. MOTION: Vice Mayor Bechtel moved, seconded by Cobb, to approve Recommendations 3, 4, and 7, and 17 of the CFC Task Force as outlined in the staff report (CMR:241:9) as modified as follows: 3. Adopt the National Fire Protection Association 12 A (code) on halon total flooding systems. This would ban the halon discharge test procedure. 4. Ban building insulation and foam carpet padding made with CFCs for all City -funded construction projects. 7. Cosponsor CFC symposiums for industry, as long as the majority_ of the work s d o by the City staff. 17. Send a letter to President Bush from the City Council calling for the strengthening of the Montreal Protocol agreement which will be considered for amendment in April 1989. Further, accept the CFC Task Force recommendations with a direction to the CFC Task Force to report back on which efforts they could perform on their own; with the understanding that staff would only attend the meeting, but not carry out assigrmente. Council Member Fletcher suggested the enlistment of the League of California Cities and the National League of Cities. Council Member Renze'l said those aspects of the recommendations which did not require any significant budgetary amounts should not have to wait until 1990-91. MOTION PABB=U 9 -t 0. INAN $ 7. Ordinance to Prohibit the Sale or Use of Food Packaging Manufactured with Chlorofluorocarbons (1440) (CMR:224:9) Council Member Cobb queried whether any response was received from the message which went out from the Palo Alto City Council to all food handling facilities in Palo Alto regarding CFCs. 61-318 4/24/89 Assistant to the City Manager Vicci Rudin said the only telephone calls received in response to the notice were supportive. XOTIOW1 Mayor Klein moved, seconded by Renzel, to introduce the ordinance for first reading. ORDINANCr FOR FIRST READING entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 5 OF THE PALO) ALTO MUNICIPAL CODE BY ADDING CHAPTER 5.30 THERETO PROHIBITING THE SALE OR USE OF FOOD PACKAGING MANUFACTURED WITH CHLOROFLUORO- CARBONS" MOTION PASSED 9-0. REPORTS OF Q7y CIALS 8. Recycling Bins for Multi -Family Residences - Authority to Request Proposals for Consultant (1420) (CMR:244:9) Council Member Cobb queried why it took four months to determine a consultant was needed. Director of Public Works Dave Adams said a consultant was only required because staff did not have time and resources to perform the tasks. Council Member Woolley was concerned hiring a consultant was not a good use of $20,000. She suggested the $20,000 might be better spent on the Industrial/Co merciaal Recycling Program. Council Member Fletcher agreed there would be more participation in a Industrial/Commercial Recycling Program. NOT/OX TO CONTINUE: Mayor Klein moved, seconded by Cobb, to continue the item indefinitely until the existing staffing resources allow the work to be done in-house. NOTION PASSED 9-0. 9. Commpostable Plant Debris Collection Program (1074) (CMR:240:9) Council Member Sutorius clarified a current service would be reduced and the costs would be increased by 50 cents. Deputy Director, Public Works Operations Mike Miller said the increased costs were because the same vehicle would have to go through each neighborhood twice a day under the Proposed Method, 1. Under the current rubbish program, everything went into the same vehicle and it was not necessary to go through the same neighbor- hood a second time. 61--319 4/24/89 Council Member Sutorius queried whether there was any volume consideration or time element associated with the proposal. Mr. Miller said staff proposed the curbside pickup be restricted to yard debris only. About 70 percent of what was placed curbside was plant debris. Council Member Sutorius clarified in terms of time the length of a collection route for the vehicle would not be materially reduced by the fact it would no longer be doing the curbside pickup. Mr. Miller said it was calculated to be a 30 percent difference. Council Member Sutorius asked about plastic bags versus paper bags. Mr. Millar said there was not sufficient information to determine what the photodegradable or biogradable bags decomposed into. Council Member Cobb queried whether the public was informed about the limitations on the landfill in the survey. Mr. Miller said the landfill life and the percentage of waste stream which was yard debris was described in the information on the pilot program which was mailed out before the survey. Council Member Levy said one of the advantages of the program was the extra compost material for the cover at Byxbee Park, which would save the City a considerable amount of money. He queried whether that was considered in developing the cost structure to be paid by the homeowner. City Manager Bill Zaner said if the program did not exist, the City would be spending more money to build Byxbee Park. Because of the program, it would cost a little less to purchase compost material. Council Member Woolley referred to the containment of the compost material, and queried whether alternatives to plastics were considered. Mr. Miller said no. Staff worked closely with the Palo Alto Sanitation Company (PASCO) to develop a program as inexpensively as possible. Council Member Patitucci asked ,what percentage of a typical bill the 20 cent increase represented. Mr. Miller said the typical bill for a two -can, backyard service was $8.90 per month so the increase represented about 2 percent. 61-320 4/24/89 Council Member Patitucci asked whether people would have to drive to the landfill to get rid of the remaining 30 percent of rubbish or whether consideration was given to a semi-annual pickup day. Mr. Miller said during the pilot program, citizens had been advised that nancompost material had to be placed in the garbage can. Very few complaints were received. Currently, the rate system allowed for special pick ups. If an item was larger than what was normally picked up on rubbish day, e.g., longer, than four feet and not bundled, the charge was $8.30 per cubic yard to pick it up at the curb. The service would still be offered on a per customer basis. In terms of the once or twice a year spring cleanup, the City of Santa Clara's program took about eight weeks a year to administer and about 75 percent of the Public Works Operations staff to accomplish. Council Member Patitucci asked whether people would take rubbish directly to the transfer station when the landfill was no longer available. Mr. Miller said that was correct. Council Member Fletcher asked about multifamily landscapers. Mr. Miller said any material delivered by gardening or landscape firms to the landfill was giver a reduced rate and the material was composted. Council Member Fletcher asked whether the multi -family developments would receive the 20 cant increase on their refuse rates. Mr. Adams said the increase was calculated into the total cost of service and would be distributed for the entire service. A separate fee was not charged for the service. Vice Mayor Bechtel understood the rationale of wanting to reduce what went to the landfill, but queried whether sufficient utility mailers had cone out and whether the City would be ready for the new process in July. Council Member Woolley believed the present system encouraged people to generate trash and throw away as much as they wanted because the City would pick it up. Public relations efforts were needed because the day would come when the City would be required to look at its rate structure and perhaps charge two or three times as much for the second can as it did for the first. She was concerned about some multi -family developments being able to participate and some not. 61-321 4/24/89 i Mr. Miller said he would work with PASCO to extend the service if possible to all multi -family developments. MOTION TO CONTINUE: Council Member Woolley moved, seconded by Fletcher, to continue the item for eight weeks and direct staff to respond to the following: 1) What the service would be to apartments and condominiums; 2) A description of the types of containers; and 3) An outline of the public relations program. Council Member Sutorius understood it would take staff approxi- mately 90 days from receipt of the "go ahead" to implement the program. He clarified if the motion passed, the program could be implemented in September or October. Mr. Miller said that was correct. Council Member Sutorius supported the motion. Council Member Cobb said the curbside programs were initially implemented to save traffic at the landfill. He queried what would happen if more people were at the landfill. Mr. Miller said traffic significantly dropped since 1986 when nonresidents were restricted from using the landfill. He did not expect residents would experience the delays nor would there be the same traffic levels experienced prior to the restriction. They were only talking about 30 percent of the total rubbish stream. He did not anticipate a large increase at the landfill. Council Member Cobb believed losing the convenience of rubbish pickup would take a substantial public relations effort. Council Member Patitucci would not support the motion. The questions to be answered would not change the decision. His only concern was the rubbish pickup. He suspected the issue would be revisited possibly to provide some substitute pickup at some point. The amount of compost material going directly into the rubbish trucks was unacceptable and the City should move quickly to get it recycled. MOTION PASSED 5-4, Fletcher, Levy, Patitucci, Hensel voting "no." 10. Regional Water Quality Control Plant Discharge Permit Studies (1122-01) (O :245:9) Director of Public Works Dave Adams introduced Engineering Manager Phil. Bobel, the environmental compliance engineer. 61-322 4/24/89 Council Member Cobb said when the item was discussed in the Finance and Public Works (F&PW) Committee, some numbers were presented as not being final and there were some differences in what was discussed in Committee and what was before the council. Engineering Manager Phil Bobel said the numbers on page 2 of the staff report (CMR:245:9) reflected the Fiscal Year 1988-89 figures. The earlier total of $565,000 was reduced through negotiations to $501,333. Part of the difference was reducing the tasks to reduce the value, and $45,000 was shown as possible additional services. If more monitoring than was proposed was required by the Regional Water Quality Control Board for tests, the $45,000 would cover it. The contract provided the unit cost for the various kinds of water and sediment and tissue analysis so that if more was required, it could be done quickly and under the contact. Council Member Cobb said the question before the F&PW Committee was whether it wanted to be involved in the consultant selection process. The F&PW Committee declined involvement due to the time frame. The numbers were discussed bid since they were not final, consensus support was indicated for the general types of numbers. No formal motion was made. Trish Mulvey, 527 Rhodes Drive, represented Clean South Bay and urged that staff be directed to require toxic reduction audits for all the industries regulated by the pretreatment program as well as for all the water supplies in the service area of the Sewage Treatment Plant. They were concerned that shortcomings in the proposed study design would not produce the results required to meet the study objectives. After the study was completed, they might have a better understanding of the magnitude of the contribu- tion of pollutants from industrial, commercial and domestic sources and from the water supply but not in sufficient detail to plan an effective source reduction campaign. Because the sampling was so limited, they might and up with inconclusive data because of wide variability between samples Council Member Renzel asked what wouldbe involved with a toxics reduction audit and %/bother they could be legally mandated. Mr. Bohol said the audit referred to by Ma. Mulvey was for each industry. Under the study, about 10 percent of the industries would be audited. For the City to audit 100 percent of the industries would be a substantial increase in the cost. He believed the recommendation was for the audits to be mandatorily imposed upon industry at its cost as a new requirement. There would be staff implications in tens of overseeing the audit. There were no mandated pilot programs about which he was aware. More research was required. 61-323 4/24/89 Council Member Sutorius queried whether the Cities of San Jose and Sunnyvale would also have about 10 percent sampling. Mr. Bobel said the City of San Jose proposed a higher percentage, but he believed they were talking about a reduced scale, and did not use the word "audit." The level of detail was important. He believed the City of Sunnyvale had a 10 percent level of sampling. Council Member Sutorius said there was considerable commonality as to the types of industries along the portion of the lower peninsula which were source producers. As the studies were completed and available, there was an opportunity to share information from the various studies and find potential correlations and expand knowledge based on study results from multiple plants. Mr. Bobel said that was correct, and it was also part of the logic for the 10 percent sampling. MOTION: Council Member Sutorius moved, seconded by Levy, to approve the staff recommendation as follows: 1. Adopt a Budget Amendment Ordinance of $501,333 from the Wastewater Treatment System Improvement Reserve to fund the first three studies required by the discharge permit for the Palo Alto Regional Water Quality Control Plant. 2. Authorize the Mayor to approve an agreement in the amount of $436,333 with James M. Montgomery Engineers for these studies. 3. Authorize staff to negotiate and execute amendments to the agreement for additional services within the scope of work or incidental thereto, the aggregate value of which will not exceed $65,000. ORDINANCE 3867 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING BUDGET FOR THE FISCAL YEAR 1988-89 TO PROVIDE AN ADDITIONAL APPROPRIATION FOR DISCHARGE PERMIT STUDIES AT THE REGIONAL WATER QUALITY CONTROL PLANT" Agreement with James M. Montgomery Engineers for Professional Engineering Conseltant Services for Discharge Permit Studies Vice Mayor Bechtel was appalled at the amount of stoney the studies would cost. She shared Ms. Mulvey' s concern regarding the usefulness of the studies. She wanted assurances the City was not just spending money to satisfy the Regional Water Quality Control Board requirements in the short tine frame. 61-324 4/24/89 Mr. Bobel agreed the time frame was a problem. There were many tasks being performed, and Study Plan 3, Source Reduction, focused on the discharge of metals to the Bay. The highest percentage of money would be spent on reduction. If the 10 percent audits proved to be a good method for realizing reductions, a recommendations could be a mandatory program. MOTION PARSED 9-0. 11. User Fee Cost Allocation Study (409-01) (CMR:248:9) Council Member Cobb asked who would do the public information. Assistant City Manager June Fleeting said staff would undertake the public information effort. The $11,000 figure was deleted from the proposed contract. Currently, there were staff resources available to do the function internally at no additional. costs. MOTION: Council Member Cobb moved, seconded by Fletcher, to approve the staff recommendation to: 1. Authorize the Mayor to execute the agreement in the &mmount of $43,4100 with the firm of David M. Griffith and Associates, Ltd. to provide pro. essional services for the User Fee Study and Cost Allocation project. 2. Authorize staff to make amendments to the agreement of up to $2,000. 3. Approve the budget amendment ordinance in the ,mount of $10,000 to complete the funding for the User Fee Study and Cost Allocation project. ORDINANCE 308 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE :ISCAL YEAR 1988-89 TO PROVIDE AN ADDITIONAL APPROPRIATION TO THE FINANCE DEPARTMENT FOR PROFESSIONAL SERVICES FOR THE USER FEE AND COST ALLOCATION PROJECT" Council Member Levy clarified the consultant agreement was the result of a lack of personnel available to do the job in the Finance Department. If there were personnel available, he queried how much it would cast to do the project in-house. Finance Director Emily Harrison estimated it would take .25 person years to complete the study itself. There would also be costs associated with c+oaputer programming and interface time with the federal government on the preparation of form A-87, Cost Allocation Plan. She believed they would be looking at $25,000 to $30,000. 61.325 4/24/89 MOTION PASSED 8-1, Levy voting "no." 12. Agreement between the City of Palo Alto and Store & Youngberg for Underwriting Services - 250 University Avenue Off -Street Public Parking (410.03) (CMR:246:9) MOTION: Council Member Sutorius moved, seconded by Cobb, to approve the staff recommendation approving the contract with Stone & Youngberg, based on an underwriting discount of 1.5 percent, effective through December 31, 1990. MOTION PASSED 9-0. QQvNCIL MATTE 13. Council Member Gail Woolley re State Recycling Legislation (1420) MOTION: Council Member Woolley moved, seconded by Fenzel , approval of the Resolution. RESOLUTIQN 6773 entitled ''RESOLUTION OF THE COUNCIL OF THE C LT_' OF PALO ALTO URGING PASSAGE OF SENATE BILL 1221" Council Member Fletcher opposed the legislation and said the legislature was urged to pass a proper "bottle bill" similar to what was passed in other states where the containers were returned where shopping was done. The proposed redemption fee was a price increase or a tax that all the consumers paid, The people who recycled through the City program did not benefit bet paid the costs. There were also those people who could not find the recycling centers or recycling was too much trouble, e.g., elderly and handicapped, and they did not benefit. She doubted five cents would compel people to drive out of their way and search for redemption centers. The money collected went to the recycling companies. The proposal was actually a tax which went to the state; the state set up a bureaucracy to administer the program, and to pay the private recycling companies to set up recycling centers. She preferred to let AB 1221 die and start again with the type of system which was proven to work even at five cents. MOTION PASSED 6-2-1, Fletcher, Menzel voting "no," Sutorius "abstaining." 61-326 4/24/89 A_DJ NT: Adjourned at 11:20 p.m. ATTEST: APPROVED: NOTE: Sense m flutes (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. 61-327 4/24/89