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HomeMy WebLinkAbout1988-09-19 City Council Summary MinutesCITY COUNCIL MINUTES PALOALTOCITY COUNCIL MEETINGS ARE BROADCAST LIVE V!A KZSU - FREQUENCY90.1 ON FM DIAL Regular Meeting September 19, 1988 ITEM PAGE Oral Communications 60-279 Minutes of August 15, 1988 60-279 1. Rejection of Bids for Dirt Material for Byxbee Landfill Park (1321-05) (CMR:456 : 8) 60-279 2. Amendment No. 1 to Contract No. 4 550 with Fehr & Peers Associates for Citywide Land Use and Transportation Study ( 720-06/1041-07/1168) (CMR : 4 36:8 ) 3. Reaol;jtion Amending the Policy for Reimbursement Expenses Incurred. in the Performance of a Council Member's Duties Adopted by Resolution No. 6677 (701-04/701) 4. Ordinance Amending Ordinance No. 3641 Authorizing the Transmission Agency of Northern California to Issue Revenue Bonds, Notes and Other Evidences of Indebtedness (701-03/1101) (CMR:4 24:8 ) Resolution Approving and Authorizing Execution of Amendment No. 1 to Project Agreement No. 2 for the California - Oregon Transmission Project (701-04/1101) (CMR:424:8) Ordi once Amending the. Palo Alto Municipal Code to Add Chapter 9.59 Restricting hours for Automobile Spray Painting (701-03/1440-01) (CMR:454:8) 6. -Water Usage and Conservation Update (1410-02) Adjou naen t to Closed Session at 10:35 p.m. Final Adjournment at 10.55 p.m. 60-280 60280 60-282 60-283 60-295 60-295 60-295 60-278 9/19/88 Regular Meeting Monday, September 19, 1988 The City Council of the City of Palo Alto met on this date in the Council Chambers, 250 Hamilton Avenue, at 7:33 p.m. PRESENT: Cobb, Fletcher, Klein, Levy, Patitucci, (arrived at 7:50 p.m.), Renzel, Sutorius, Woolley ABSENT: Bechtel Mayor Sutorius announced that at some paint during or after the meeting there would be a Closed Session to discuss City of Palo Alto v. Vertical Management, et al,, pursuant to Government Code Section 54956.9 (a), in the Personnel Conference Room. There would also be a sdpplemental item considered in Closed Session pursuant to Government Code Section 54956.9 (c)., ORAL COMMUNICATIONS 1. Ben Bailey, 171 Everett, spoke regarding his numerous requests for the number of complaints and disciplinary actions against police officers in 1987. 2, Dr. Harvey Roth, 3422 Kenneth Drive, spoke regarding the use of the Jordan site as a fellowship hall. APPROVAL OF MINUTES MOTION: Council Member Fletcher moved, seconded by Levy, approval of the Minutes of August 15, 1988 as submitted. NOTION PASSED by a vote of 5-0-2, Klein, Woolley abstaining, Bechtel, Patitucci absent. CONSENT CALENDAR Council Member Fletcher rer oved Item 3. NOTION: Council Member Woolley moved, seconded by Levy, approval of the Consent Calendar. 1. Rejection of Bids for Dirt Material for Byxbee Landfill Park (132.1-05) (CMR:456:8./ 60-279 9/19;88 2. Amendment No. 1 to Contract No. 4550 with Fehr & Peers Associates for Citywide Land Use and Transportation Study (720-06/1041-07/1168) (CMR:436:8) MOTION PASSED by a vote of 7-0, Bechtel, Patitucci absent. 3. Resolution Amending the Policy for Reimbursement Expenses Incurred in the Performance of a Council Member's Duties Adopted by Resolution No. 6677 (701-04/701) Council Member Fletcher said Attachment A to Item 3 approved of Resolution 6738 with the following amendment to Exhibit A to read as follows after the word *etc.*: ...except for expenses related to attendance at League of California Cities and/or National League of Cities, Policy Committee Meetings by Council Members who are members of those committees...* MOTION/ Council Member Fletcher moved, seconded by Renzel, approval of Resolution 6738. RESOLUTION 6738, entitled "RESOLUTION OF THE COUNCIL OF THE ('ZTY OF PALO ALTO AMENDING THE POLICY FOR REIMBURSEMENT EXPENSES INCURRED IN THE PERFORMANCE OF A COUNCIL MEMBER'S DUTIES ADOPTED BY RESOLUTION NO. 6677" (701-04/701' Council Member Fletcher stated the Policy Committees for the League of California Cities meet four times a year. Two meetings were held in the Bay Area and two in Southern California. The Policy Committee for the National League of Cities meets at the conferences only. Council Member Cobb asked why it was important that the Mayor not approve those trips. Council Member Fletcher assumed they would be routine since attendance at the meetings were part of the duties of being a committee member. Council Member Renzel felt committee members were expected to attend meetings, and it was not discretionary as to who would go or whether they would go. Iayor Sutorius said participation at these meetings was expected, however, he felt modification o2 the policy was proposed, "to assure the Council was controllieg its total travel and meetings budget. 60-280 9/19/38 SUBSTITUTE MOTION: Mayor Sutorius moved, seconded by Patitucci, that wording be changed toz "Priority be given to Council Members having official committee responsiiilities at the state or national level." Council Member Patitucci was not in favor of Council Member Fletcher's amendment. Since the budget had been cut, some decisions as to the allocation of travel were necessary. Council Members should live by the same rules. Vice Mayor Klein was in favor., of the motion as proposed by Council Member Fletcher, and opposed the substitute amendment by Mayor Sutorius. Serving on the California and National League policy committees was considered an honor and a way of dividing up the work among the cities of the country; it seemed inappropriate to deprive junior members of the Council from attending these meetings because all moneys had been used up by senior Council Members. He felt moneys should be added to the budget if necessary to make the trips possible, Council Member Woolley queried whether the procedure would be to ade additional funds to the budget. City Clerk Gloria Young responded the Council adopted a Travel and Meetings budget of $10,00.0, end no additional funds would be available. Vice Mayor Klein said in light of staff's response, he did not see any difference in the two motions presented. Council Member Fletcher felt it should not be left to anyone to decide who could or could not attend committee meetings. Vice Mayor Klein questioned the ramifications of one or two committee members using the entire travel budge". Since both nrtions were so similar, he would vote against both. Council MeabeL Levy also concluded there was no difference between the two mo tioaso however, he added that it would be cumbersome and unwise to revise the budget if more funds were required since that would require a new ordinance. Council Member Renzel queried the City Clerk as to the amoun"t'of dollars actually used in the budget for travel in the past. City Clerk Gloria Young stated -FY 1987-88 wag the first year all the dollars had been used. In , the previous years, about $9,000 had beers expended out of a $15,000 Travel and Meetings budget. 60-281 9/19/88 Council Member Patitucci would not support the substitute motion and would vr' against the main motion as amended. He supported the ,,ayor's authorizing the travel because he felt it was preferable to a blanket exception. SECOND TO SUBSTITUTE MOTION WITHDRAWN BY COUNCIL MEMBER PATITUCCI. SUBSTITUTE MOTION FAILED FOR LACK OF A SECOND. MOTION FAILED by a vote of 2-6, Menzel and Fletcher voting Faye," Bechtel absent. MOTION: Council Member Cobb moved, seconded by Woolley, to adopt Resolution 6738, amending the policy for Council Members' reimbursement of expenses. RESOLUTION AMENDING TEE POLICY FOR REIMBURSEMENT EXPENSES INCURRE;3 IN THE PERFORMANCE OF A COUNCIL HE1BER'S DUTIES ADOPTED BY RESOLUTION NO. 6677 (701-04/701) MOTION PASSED by a vote of 7.1, Levy voting "no," Bechtel absent. 4. .:rdinance Amending Ordinance No. 3641 Authorizing the Transmission Agency of Northern California to Issue Revenue Bonds, Notes and Other Evidences of Indebtedness (701-03/1101) (CMR:424:8) Resolution Approving and Authorizing Execution of Amendment No. 1 to Project Agreement No. 2 for the California -Oregon Transmission Project (701-04/1101) (CMR:424:8) Council Member Renzel asked staff whether it was correct to assume that in approving the amendment the Council was also approving the FIR zs cfiicient, and concurring with its conclusions. Director of Utilities Richard Young said that was correct. Council Member Renzel also questioned whether some of the transaisrion lines would go through Tule Lake and Butte valley, as well as the Delta, since they were critical areas in the migratory pathways for specific birds' flyway. She did not want to approve an EIR which might have unacceptable impacts. 60-282 9/19/88 Mayor Sutorius said the concerns were discussed in depth, and the routing was shaped and modified to accommodate present flyways before the report was submitted for approval. MOTION: Council Member Woolley moved, seconded by Klein, to approve the Ordinance No. 3641 authorizing the Transmission Agency of Northern California to issue revenue bonds, notes, etc; to adopt Resolution 6739 authorizing execution of Amendment 1 to TAPC agreement No. 2; to approve Amendment 1 to Agreement No. 2 with TANC. Ordinance amending Ordinance No. 3641 authorizing the Transmission Ag ncy of Northern California to issue revenue bonds, notes and other evidences of indebtedness (701--03/1101) (CMR:42418) Resolution approving and authorizing execution of Amendment No. 1 to Project Agreement No. 2 for the California -Oregon Transmission Project (701-04/1101) (CNR3424s8) Amendment No. 1 to Project Agreement No. 2 of the Transmission Agency of Northern California amending the uses to which the proceeds of TANC's Revenue Anticipation Notes may be put. MOTION: PASSED by a vote of 7-1, Renzel voting •no,,' Bechtel absent. 5. Ordinance Amending the Palo Alto Municipal Code to Add Chapter 9.39 Restricting Hours for Automobile Spray Painting (701-03/1440-01) (CMR:454:8) Senior Assistant City Attorney, Anthony Bennetti, called Council's attention to an ambiguity in Palo Alto Municipal Coca (PMC) Section 9.59.030 of the proposed ordinance. The phrase 'win a residential district or within 100 feet of a residential district" should be inserted if Council adopted the Ordinance. Council Member Cobb asked about the difference in the number of complaints heard the current owner of the business as opposed to the previous owner regarding swells from painting cars. Fire Chief Robert Walt replied his department had noted no difference in operations of the two owners except for the volume of cars handled by the present owner. 60-283 9/19/88 Council Member Woolley asked if there had been any responses from the other four businesses which would be effected by the or<Jinance. Chief Wall said no. Council Member Woolley asked if the owner of the ausiness had been cited for any violations at any time during the past year. Chief Wall said there currently was a violation for failure to have a flammable liquid storage cabinet in place, and the present owner had ordered the cabinet. There had been other minor violations, but they had all been corrected. Council Member Woolley questioned using lacquer and the toxicity. Chief Wall replied that after doing tests on paint vapors exiting the building, the concentration was far below what OSHA allowed workers to be exposed to on a 40 -hour week basis. Council Member Patitucci Asked for a review of hours that were now used for spray painting. Chief Wall said there were no restrictions on hours. However, neighbors had meetings where hours were discussed, and an agreement of 8:00 a.m. to 6:00 p.m. was established. Council Member Patitucci recalled about a year ago that some operating hours were proposed by staff, and asked if staff could recall what those were. Mayor Sutorius suggested the original staff recommendation for hours might have been 7:00 a.m. to 6:00 p.m., Monday through Saturday, since Council Member Bechtel referred to that at the meeting of August 15, 1988. Council Member Patitucci asked when the parcel's use permit would expire, and whether there had been any complaints about the other auto painting locations. City Manager Bill Zaner said the property would return to R-•1, in November, 1990. Trudy Duisenberg, 1010 Emerson, lived directly across from European Auto. She said her bedroom and living room directly faced the painting stall of both the present owner and the previous. owner'e. establishment. The difference seemed to be the painting wau done one car at a time in the 60-284 9 19 88 stall only, and the number of cars were fewer. There were no noticeable fumes before, but the fumes were very noticeable now. The hours of operation were very inconsistent. She did not feel the neighbors were trying to personally attack Mr. Diesal, the current owner, because they were used to a variety of businesses around them. She requested help from Council to resolve the matter before 1990. Carolyn Turnbull White, 1040 Emerson, had lived close to European Auto for two years. She objected to harmful emissions which came from the shop, and did not understand why none showed up on the tests administered by the City's Fire Department, unless Mr. Diesel did not emit fumes on that particular day. She said the tests should be run without prior warning to Mr. Diesel. Mrs. White showed a video tape taken on August 25 at 5:30 p.m. The video showed the vent above the roof of the auto shop with visible emissions coming out. Joane Carpenter, 1080 Emerson, stoke about how the fumes impacted her family and the enjoyment of their home. They were located on the opposite side of the street, and somewh,, = removed from the auto paint shop. They had lived there ten years, but found •_°�ey could not wcrk in their garden or collect their mail without breathing in furies from the auto paint shop. Tom Smeatad, 1023 Emerson, lived next to the glass shop which was next door to the auto body shop. He felt the fumes which came from the vent were not like the fumes described by Chief Wall, but more like aerosal fumes. He also observed outdoor painting with clouds or paint coming from the area near the shop. Avriil Wilshire, 1085 Emerson, addressed the issues of traffic safety since Mr. Diesel had been operating his bue inews . Tnere was an increase in the volume of traffic and often sne could not find a parking place in front of her own home. She presented photographs showing the density of cars parked in the immediate area, including delivery trucks, which block one's view of traffic.. She requested an extra stop sign be put on Addison so there would be a tour -way stop. She also requested• the parking violations be enforced in the area as well as the number of cars allowed in the area. Council Meer Woolley asked if an extension of marked red lines would help. 60-285 9/19/88 Ms. Wilshire said it would not help due to the number of cars using the area which created the hazard. Karen Smestad, 1023 Emerson, said she and her husband lived in the location for five years, fully aware of the commercial businesses located next door to their home. An additional problem created by Mr. Diesel was he sanded the cars outside the painting booth, thereby creating debris outside and along the sidewalk. She wanted the sludge tested. Linda Smith, 1035 Emerson, lived at the address since 1975 and was not interested in driving out Mr. Diesel's business, but wanted to live in her home free of paint fumes and other practices which have been described. The previous owner's attitude and practices were quite different than Mr. Diesel's and no paint fumes were ever apparent. Since she anti her husband cwned a small business in Palo Alto, they would not like to see businesses unduly regulated, however, it appeared Mr. Diesel would not respond to anything but firmly enforced regulations. She felt it strange that an advanced city like Palo Alto could not have laws to protect its citizens from the abuses described. She said when they wanted to paint the business name on their awning, they were required to appear before the Architectural Review Board to justify their request, yet Mr. Diesel did not have to go before any comparable board to justify spewing chemicals over their neighborhood, storing unsightly cars on the street, routinely blocking the sidewalks. She spoke of the tests conducted by the Fire Department, and identified a substance called "toluene' as hazardous, even though the Fire Department said toxic amounts of the substance were not found. Neighbors were not convinced since they were subject to breathing those fumes daily. Paul Goldstein, 1024 Emerson, a 16 --year resident, spoke about the lack of auto Flint odors prior to Mr. Diesel owning the shop. He and the neighbors met with Mr, Diesel, members of the Fire Department, and members of the Police Department to reconcile their differences. Recently, the neighbors conducted a questionnaire with 19 households responding and expressing their concerns with street sefety, increased number of parked cars, paint fumes, paint, oil ' and/or a►nzifreeze in the gutters, and litter, as well as harassment from the owner or employees of the shop. Mr. Coldstein presented the survey to the Council (on file in the City Clerk's office), and requested Council rectify the situation before 1990. 60-286 9/19/88 Dena Mossar, 1024 Emerson, thanked Council for its continued attention, patience and time. She stated the difficulty in getting follow-up help from local agencies including the State Water Quality Board, the Fire Department, the Police Department, Bay A_ ea Air Quality Management District, and a letter from the Planning Department dated August 7, 1986. Tim White, 1040 Emerson, lived a half block from European Auto. He thanked Council, especially Council Member Bechtel, and the staff for the time and concern dedicated to the problem. There were 14 children living on this block. His main concerns revolved around the intensified use of the paint booth, the visible emissions, and the obnoxious odors witnessed by several neighbors on repeated occasions. Much of Mr. Diesel's work was performed on the street, not on his property, cars were double parked, etc. He proposed further investigation and identification of the emissions from the auto shop, further restrictions to the ordinance, i.e. restricting the use of the street for parking of cars by Mr. Diesel, no street auto preparation or maintenance, no painting outside the paint booth, and a procedure for verifying that Mr. Diesel was following the rules in a timely fashion. Eric Diesel, 1001 Emerson, commented Oh the ordinance, and objected to the word "noxious" because that word indicated the vapors were harmful to one's health, whereas the City found the opposite to be true. Tests showed ingredients from the paint stack were exactly what was listed on the side of the paint cans, and there were no "noxious" paint fumes found in the neighborhood. He requested .the word "noxious" be removed from the ordinance. He asked for some tolerance when an occasional emergency situation occurred and it was necessary to paint a short while after 6:00 p.m. In response to the question of why the emissions were worse than before, he said that when he took oven• the business, the fan in the paint booth did not work and there were no exhaust filters. These was only one complaint by a neighbor about paint fumes at which time they moved the car into the paint booth. Vice Mayor Klein asked For. Diesel whether he was for or against the ordinance. Mr. Diesel preferred voluntary restrictions, and that a complainant contact him directly in the event of a problem so he could see what the problem was rather than shut down his business. 60-287 9/19/88 Vice Mayor Klein questioned why the voluntary neighborhood agreement was not signed. Mr. Diesel said the neighbors would lot agree to the clauses which stated "...that the parties involved attempt reasonable communications during the period of this agreement and discuss, on a constructive basis, methods by which the problems could be eliminated between the neighbors and Mr. Diesel" and "that the neighbors would agree not to annoy, harrass or interfere with operations of Mr. Diesel during regular business hours." The neighbor representative required that he could only contact them in writing, not in person. Council Member Cobb asked Mr. Diesel how much auto repair work he performed on the street instead of on his property. Mr. Diesel stated they did no auto repair work on the street. Council Member Cobb asked Mr. Diesel how many cars going through the shop were parked on the street in areas in front of people's homes as opposed to being parked on the shop property. Mr. Diesel replied there were very few parked cars on the street. Council Member Cobb asked Mr. Diesel how much painting was done outside the spray booth. Mr. Diesel replied abut 20 percent of their painting was done outside the spray booth, and mostly spot painting. Council Member Cobb asked if the Fire Department suggested Mr. Diesel do all the painting in the.spray booth. Mr. Diesel indicated the Fire Department did suggest all the painting take place in the spray booth. Council Member Cobb asked Mr. Diesel where priming and prep work was done. Mr. Diesel indicated the work was split. between the spray booth and outside the spray booth. Council Member Levy asked Mr, Diesel to explain the video scenes showing, smokestack emissions. 60-288 9/19/8.8 Mr. Diesel said when the exhaust filters were changed they were blown out with an air gun so all the dust was removed from the filters. What was visible was dust from the car before it was painted. Council Member Levy said it sounded inconsistent because the dust was described as being accompanied by odors. Mr. Diesel could not explain that. He wished someone would come by and show him when the occurrences happened so he could answer the question. Council Member Renzel asked Mr. Diesel if there was lead in his paint. Mr. Diesel said there was no lead in the paint, and the cars that had lead in the paint were sanded inside the body shop, not in the paint department. He explained there were thrAe different businesses there: body shop, paint shop and mechanical shop. Council Member Renzel asked Mr. Diesel to describe his typical inventory of cars waiting to be painted or worked on. Mr. Diesel indicated there might be between 20 to 25 cars there on a good day. His property provided parking for about 40 cars. Council Member Renzel questioned the sample of sludge found in the gutter near his shop. She said the sample had a solvent type odor. Mr. Diesel said it was impossible to have any kind of solvent in the gutter, but welcomed anyone to come by and show it to him when it was there so he could determine what it was. Council Member Renzel asked Mr. Diesel where the dust went when it was blown out the vent. Mr. Diesel said there should not be much dust in the shop, however, he had someone who swept up the shop dust. Scott Yemman, 2025 R. Bayshore Road, owner of Yea man Auto Body Shop in Palo Alto, was concerned about putting in a general ordinance fops the entire industry in the Palo Alto area. He felt each problem should be dealt with as it came up and should not effect all shops. He did not feel 60-289 9/19/88 hours of operation for body shops should be limited. Most shops were controlled by the Bay Area Air Quality Management District, Fire Departments, etc. and paid out a good deal of money for properly set up paint booths with proper filtration systems set up by OSHA and approved by the users. The emissions seen were basically solvents evaporating. The main solvents used in a body shop were lacquer thinner and reducers which evaporated into the atmosphere and did not remain in a liquid state. The intake systems in booths stopped particles from coming in and exhaust systems stopped particles from leaving the booth. Exhaust system filters were changed regularly so any "unbreathable" heavy particles were removed and taken away by waste hazard control. There had not been lead in paints since the late '60's. All paints were controlled by strict regulations and much care was taken for employee and public safety. Sometimes auto paint shops had to work late hours in order to complete a project because it could not be left partially completed, so dictated hours of operation would not be desirable. They worked hard to keep the environment safe and were attempting to work with the City. Council Member Menzel asked Mr. Yeaman if they blev out their filters between changes. Mr. Yeaman said they vacuumed their filters between changes. Council Member Cobb asked Mr. Yeaman how close his business was to residential property. Mr. Yeaman said his business was not close to residences. He was located on East Bayshore near the creek, about two blocks from the post office, and would not be effected by this ordinance. Hassan Bordbari, 3878 El Camino Real, was the owner of Accurate Auto Body Shop. He had been in the location for a year and had a very good relationship with his neighbors. Although he did not have a large business, occasionally it was necessary for him to work after 6:00 p.m. in order to finish a job. He did not feel someone shoilld tell him what time he should work since he occasionally accommodates his customers by working on Saturdays. He had never received a complaint from a neighbor even though they were located only 20 feet from his shop. Mayor Sutorius asked Mr. Bordbari how . he handled the cleaning of filters. 60-290 9/19/88 Mr. Bordbari said he either put in a new filter or he vacuumed the filter. Mayor Sutorius declared the Public Hearing closed. COUNCIL RECESSED FROM 9:45 to 9858 p.m. Jack Bean, Air Quality Inspections Manager, Bay Area Air Quality Management. District, 9..9 Ellis Street, San Francisco, spoke regarding the history of their involvement with the auto body shop. In October of 1987, they issued their first "public nuisance" violation notice to Mr. Diesel. An inspector was sent to the area after at least five individual complaints were received about an odor. On February 23, 1988, another "public nuisance" violation notice was issued at the same location for odors occurring at approximately 6:45 p.m. On September 8, 1988, there was another "public nuisance' violation notice issued between 1:00 and 3:00 p.m. He understood Mr. Diesel received another notice on September 13. Their policy uas not to pursue isolated incidents, however, there were three violations in 1988 and all confirmed that European Auto Body Shop was the source. When Mr. Diesel was contacted on September 8, he was painting inside his booth, all doors were closed, no cans or jars were open but the odors were coming from the vent outside, so a public nuisance situation definitely existed in that neighborhood. Mr. Diesel was definitely contracted by inspectors from Bay Area Air Quality Management District. The next step would be to call Mr. Diesel into the office in San Francisco to find out what kind of corrective action he planned to take to preclude any further violation notices for a public nuisance. The California Health and Safety Code (Section 41700), as well as San Francisco's own regulations for a public nuisance, were different from the health aspects addressed by the Palo Alto Fire Department. He did not know if an Ordinance ;could solve the problem because there were complaints during the day as well. The biggest problem was the number of. complaints, over 100, from residents in the area. There had been many after-hours complaints when an inspector was sent to the site. The ?fir Pollutk►n Control District would definitely be further involved because the problem was still on -going. Mayor Sutorius asked Mr. Been about the definition of public 'nuisance and detecting the odor and whether it was a matter of individual sense of smell or other test. 60-291 9/19/88 Mr. Bean said detecting the odor was up to the individual inspector. A confirmed complaint would be if the inspector was able to detect the odor that at least five people complaic'ed about, and was able to trace it to a source causing he odor. A definition of "public nuisance" would be "some.hing that causes annoyance, detriment to any person's comfort, health, repose..." as defined under the Califoi.nia Health and Safety Code. Council Member Cobb asked about the measures of enforcement. Mr. Bean said there could be Civil penalties of up to $1,000 per day. If the problem appeared to be on -going, the proprietors were called in for an office conference, and were asked what corrective action they planned to take to eliminate the problem. If they had none, staff would useally recommend an abatement order before a hearing board. If they still could not or would not correct the problem, they could be subject to a pena�ty of $6,000 per day. Council Member Cobb asked how long the process took. Mr. Bean said one to two months before it was taken to the hearing board. Council Member Renzel asked about the frequency with which the matters went before a hearing board. Mr. Bean said the matters were infrequent because people were asked to take corrective action within ten days of receipt of a citation in order to avoid paying heavy fines. Mayor Sutorius asked about visible emissions and the relationship to air quality, and his roles and responsibilities. Since Mr. Diesel had not personally witnessed a visible emission nor had Mr. Bean's inspectors, he asked how they would proceed. Mr. Bean said a visible emission that lasted longer than three minutes within a 60 -minute period and must be observed by an Inspector. The criteria must be met before a citation could beissued and was standard throughout the state. Council Member Woolley believed too much was happening in too careless a fashion and that an ordinance was probably. not the way to go. 60-292 9/19/88 Vice Mayor Klein asked staff and City Manager Bill Zaner if they had recommendations for Council after hearing all the earlier testimony. Mr. Zaner said Council Member Woolley's comments were very appropriate. An ordinance would not deal with daytime hours during the week and would effect other businesses which had no problem. He suggested enforcing existing ordinances and codes that applied to this property and the business and making sure it conformed to all the existing code sections. It appeared the Bay Area Air Quality Management District was taking the necessary steps, however, if Council felt the situation presented a health problem, even though studies showed there were none, additional studies could be done by an independent third party to determine whether a health problem as well as a nuisance existed. Council Member Levy suggested staff go through some of the concerns of the public regarding violations of existing ordinances. Mr. Zaner said several traffic and safety violations were enforceable. Any code compliance type statutes that related to the use in the zone could also be enforced. If any emissions created a health hazard or outside painting or repair on a public street occurred, those violations could be handled. Council Member Renzel asked whether the law could be interpreted to take into account the use was created under a CS zone and grandtathered into another zone. She felt it was incongruous that by changing the zoning the protective regulation no longer applied. r. Bennetti said the section quoted applied only in the CS zone, but there were equivalent sections that did not allow persons to create a nuisance on their property in any zone. Council Member Renzel referred to the possibility that such nuisances were not anticipated in the lesser density zones so were not spelled out es carefully as in the CS zone. Mr. Bennetti said that was cor;:ect and the noneconforming situation existed prior to the zoning of the property as R-1. Council Member Renzel. queried Mr. Bennetti about the interpretation of i �.a nuisance clause which was less specific than the CS , 41 and whether the two clauses were comparable in their intent. 60-29 9/19/88 Mr. Bennetti raid the concept of a nuisance was very flexible in the law, and could be used to abate a condition that affected a number of people. Council Member Renzel was concerned about the sludge going into the creeks and into the Bay. She asked whether there was any basis for prohibiting the discharges taking place. Chief Wall said Title 17, prohibited any unauthorized discharge of hazardous materials. When the Fire Department was notified of such unauthorized discharges, it responded and took appropriate action. It had been done in the particular area where the materials were vacuumed up, placed in enclosed barrels and hauled away. To the best of hie knowledge, the sludge did not get into the storm drains. Council Member Renzel questioned whether the sludge had to be proven hazartaua, even though it smelled vile. Chief Wall said if something was suspected as being hazardous, the Fire Department had a simple method of testing. The matter was either contained or allowed to move forward. They then complete the identification process to find out what it is. Council Member Renzel asked whetnet a material would be discharged if it was not hazardous: but was a foul smelling grey sludge. Chief Wall said if the material was found to be non -hazardous, it was treated that way. If it were found to be a hazard to the environment, then it was disposed of properly. Council Member Renzel asked if solids were considered hazardous. Chief Wall said just the presence of solids did not constitute toxicity. MOTION: Council Member Pati tucci .moved, seconded by Woolley, to refer the ordinance restricting boars for automobile spray painting back to staff, including the City Attorney* to review specifics of complaints made and to pursue then under existing ordinances. Staff to further consider other steps that might be t. ken to relieve the problem in the neighborhood, including changes in the zoning regulations if appropriates and to report back to Council in 60 days. 60-294 9/19/88 AMENDMENT: Vice Mayor Klein moved, seconded by Cobb, that staff also be directed to contract with an outside consultant for the independent study of health hazards. Council Member Woolley opposed the amendment. Council Member Fletcher queried staff about what an independent study might cost. Mr. Zaner did no,. know, but did not think it would be expensive. Council Member Levy was reluctant to support the amendment since public complaints could be significantly ameliorated if the City vigorously enforced eeisting laws. He did not feel there were significant health concerns to justify the additional funds required for further studies. Council Member Woolley asked Mr. Zaner whether his answer to Council Member Fletcher meant under $ 10,000. Mr. Zaner said yes. AMEMDM3IT FAMED by a vote of 3-5, Renzel , Cotb, Klein voting 'm,° Bechtel absent. MOTION PASSED by a vote of 8-0, Bechtel absent. Council Member Fletcher asked staff to refer request for the stop sign to the Transportation Division for evaluation. 6. WATER USAGE AND CONSERVATION UPDATE (1410-02) Mr. Zaner reported conservation efforts at 20 percent. A tittle more water was being pumped from the wells, approximately 30 percent of total amount. The City was under its allocation from Hetch Hetchy by about 16 percent. .ADJOURNMENT Council adjourned to a Closed Seesion regarding litigation at 10:35 p.m. FINAL_ADJOURNMENT Final adjournment at 10:55 p.m. 50--295 9/19/86 ATTEST: APPROVED: ty Clerk Mayor 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 meetings tapes are retained for six months. Members cf the public may lieten to the tapes during regular office hours. 60-296 9/19/88