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HomeMy WebLinkAbout1986-11-24 City Council Summary MinutesCITY COUNCIL MINUTES PALOA(,TOCITYCOUNCIL ME ETINGSARE BROADCAST LIVE VIA KZSU- FREQUENCY90.1 ON FM DIAL Regular Meeting November 24,1986 ITEM Oral Communications Minutes of October 20, 1986, October ,27, .1986, and • November 3, 1986. Consent Calendar 1.. Contract Between the City of Palo Alto and 7 8 8 5 Austen's Fremont Laundry for Fire Department Laundry al PAGE 7 8 8 3 7 8 8 4 3. Contract. with Wilsey & Ham for Inspection of the Cable System Installation 4. Amendment Nc. 1 to Contract No. SO -2962 with Sobel -Knight Advertising, Inc., for Recruitment Advertising Services.. 5. Resolution Approving and Adopting a New No Parking Zone on Manuela Avenue 6. National League of Cities Resolution Supporting a National Recycling Policy 7. Planning. Commission Recommendation re Application of Michael D. Moyer, Architect, for Site: and Design Approval for a Single -Family Residence for Property Located at 925 Laurel Glen Drive 8. Planning Commission Recommendation re Application of Jane A. Morton and. Michael B. Jacobs for Site and Design Approval , for a Single -Family Residence for Property Located at 614Los Trancos Woods Road 7 8 8 5 7 8 8 5 7 8 8 5 7 8 8 5 7 8 8 5 7 8 8 6 7 8 8 6 Agenda Changes, Additions, and Deletions 7 8 8 6 7 8"8 1 1.1/24/87 ITEt1 9. Public Hearing: Planning Commission Recommendation re Application of Dr. A. 1. Haimson for, a Zone Change from RM-1 to RM-2 to PC to Permit Construction of a Nine Unit Condominium Project for Property Located at 145 and 165 Hawthorne (.Continued from 10/27/86 10. Public Hearing: Planning Commission and Architectural Review Board Recommendation re Application of John Brooks Boyd/Robert R. Jenks Associates for Zone Change from R-2 to PC and Preliminary Parcel Map Approval for a Proposed Palo Alto Housing Corporation Duplex for _ Property Located at 922-924 Bautista Court 11. Foothills Park Dam Request for Approval of Alternate Embankment Construction Option and Increase in Contingent Authority for Design Services with Earth Sciences Associates/ Hardesty Associates 12. Agreement with James M. Montgomery, Inc., for Analysis of Discharge Location of the Water Quality Control Plant 13. Contract Between the City of Palo Alto and C. W. Roen for Construction of Phase I Improve- ments, Regional Water Quality Control Plant Expansion •Project 14. Supplemental Agreement to Contract No. 8539 By and Among City of Palo Alto, Palo Alto Landfill Gas Corporation, and Cambrian Energy Systems in Conjunction with the Landfill Gas Lease and Operating Agreement with Conversion Systems 14A. (Old Item 2) Request for Approval to Negoti- ate a Contract with Landfill Operations Consultant Services with Bill Ellis .and Associates PAGE 7 8 8 6 7 8 8 6 7 8 8 8 7 8 9 1 7 8 9 2 7 8 9 3 7 8 9 4 Adjournment at 8:40 p.m. 7 8 9. 7 Final. Adjournment at 8:45 p.m. 7 8 9 7 7 8 8.2 11/24/86 Regular Meeting Monday, November 24, 1986 The City Council of the City of Palo Alto met on this date in the Council Chambers, 250 Hamilton Avenue, at 7:35 p.m. PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Renzel (arrived at 7:37 p.m.), Sutorius (arrived at 7:40 p.m,), Woolley Mayor Cobb announced at some point during or after the meeting there would be a closed session re Litigation to discuss City of Palo Alto v. _ Balgobind Jaiswal pursuant to Government Code Section 54956.9(c). ORAL COMMUNICATIONS 1. Barry Fasberder, 845 Talisman Drive, represented the Rinconada Masters Swig Program with respect to the allocation of pool hours at Rinconada Pool. "Three+of the major aquatic programs sponsored by the Recreation Department were the Adult Conditioning Program, the Palo Alto Swim Club, and the Rinconada Master Program. - At the November 10, 1986, City Council Meeting, Mr. Van Aarem misrepresented both the Rinconada Masters and the petition on which he had some 400 signatures. The Masters were concerned a decision would be made on the allocation of hours at the Rinconada Pool without the true facts being known. He complimented the Recreation Department for setting a lot of the facts straight in their staff report to City Council. Mr. /an Aaren said the Ri coma. Masters paid less than the Adult Conditioning swim- mers, but the average Adult Conditioning swimmer swam 2.5 times per week, which was $1 a swim. At $25 a month, the average Master Swimmer swam 3.1 times a week, which was $1.87 per swim, so the Master Swimmers actually paid more. The lap swimming already got 40.5 hours of swimming per week, Masters 17.25 hours, and the Palo Alto Swim Club 13.75 hours. The fees for the Rinconada Masters were raised 25 percent in 1984, and the fees for the other programs were not raised at that time. The Rinconada Masters had 210 members, and about 400 people attended Adult' Conditioning Swimming; however, that number included 86 Rinconada Masters. Mr. Van Aarem also Claimed the Masters had more pool hours than called for by their, contract. The contract he referred to was the contract for the coach ! services. The Adult Conditioning Swimmers actually lost422 hours during the summer at Rinconada Pool but gmin*d 32 hours at other City pools during the ,summer. The 7 8.8 3 11/24/86 petition was a request for more hours for Adult Conditioning, not a request to transfer hours from one program to another. In fact, most of the times requested on the petition were for hours already set aside for Adult Conditioning. The Masters conducted a telephone survey of people who signed the petition and found many phones were disconnected, a majority of the people were not interested in Wednesday noon swimming, many people who signed the petition were Rinconada Masters swim- mers, and most of they. swimmers who signed the petition did_ _. so for more summer hours of swimming. 73 percent of the Rinconada Masters were residents of Palo Alto. Theywere a nationally -recognized group who represented Palo Alto in local, regional, national, and international meets. The City Comprehensive Plan specifically encouraged privately -sponsored community activities. Rinconada co -sponsored the Rapps Triathlon, and in 1986 over $13,000 from that event was given to local organizations such as the Palo Alto Children's Hospital. at Stanford and the Explorer Scouts. The Recreation Department allocated seven lanes to Rinconcada Masters and seven lanes to Adult Conditioning on Wednesday from 12:00 p.m. to 1:30 p.m. The Masters were willing to share the pool with the Adult Conditioning swimmers but asked lanes be reallocated based on the average number of swimmers per lane, and would like the Adult Conditioning to share some of their lanes on Tuesday and Thursday mornings. MINUTES +OF OCTOBER 20, 1986, OCTOBER 27,..1386, AND NOVEMBER 31 1986. Councilmember Kennel had the following corrections to the Minutes of October 27, 1986: Pave 7834, second paragraph, line 14, should read, "their other neighboring properties," after "some of." Page 7836, eighth paragraph should read: "Councilmember Renzel asked whether the measurement problem was corrected where the 8.J. Bull cart near the ` telephone company was eight feet from the wall but only allowed sic or seven feet of sidewalk. She clarified that now there had to be eight feet of sidewalk clearance." MOTION* co ec i isewb.s Levy snow aeco ded by $m torias, approval of the Minutes of October ,20, 10060 se sm uittd, October 27, 19110, as corrected, and fievember 2, 1,440 ae submitted. 'ION PASSED ai.mslg, Fletcher, Seelley "sbetaising it the Minutes of Ocitober 20, 1004. 7 8 8 4 11/24/86 CONSENT CALENDAR Mayor Cobb -removed Item 2, Request for Approval to Negotiate a Contract for Landfill Operations Consultant Services with Bill Ellis and Associates, at the request of a member of the public. NOTION: Vic• !layer Woolley moved, seconded by Klein, a►pprov;I of the Consent Calendar. 1. CONTRACT BETWEEN THE CITY OF PALO ALTO AND AUSTEN'S FREMONT LAUNDRY FOR FIRE DEPARTMENT LAUNDRY(603) CMR:542:6 ) Staff recommends that Council authorize the Mayor to execute a on -year contract with Austen's .Fremont Laundry Service in the amount of $15,574.35. 3. CONTRACT WITH WILSEY & HAM FOR INSPECTION OF THE CABLE SYSTEM INSTALLATION (1141) -(CMR:5 3 4 :6 ) ORDINANCE 3722 entitled "ORDINANCE OF THE. COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1986 TO PROVIDE FOR AN ADDITIONAL APPROPRIATION FOR THE CABLE COMMUNICATIONS PROGRAM AND TO PROVIDE FOR RECEIPT OF REVENUE FROM PACIFIC BELL" 4. AMENDMENT NO. 1 TO CONTRACT NO. SO -2962 WITH SOBEL-KNIGHT ADVERTISING, INC„ FOR RECRUITMENT ADVERTISING SERVICES (502) tCMR:k53:6) Staff recommends that Council approve the Amendment requesting an extension of the advertising contract with Sobel -Knight Advertising, Inc., through June 30, 1987, and authorize an increase of the "not -to -exceed" figure to $42,000 through this seven -month period. 8 7 5. RESOLUTION 6573 entitled "RESOLUTION OF THE COUNCIL OF THE. CITY OF ON M i€ELA AVENUE" (300) (CMR:554:6 ) PALO ALTO APPROVING AND ADOPTING A NEW NO PARKING ZOL4E 6 NATIONAL LEAGUE OF CITIES . RESOLUTION SUPPORTING A NATIONAL RECYCLING POLICY (-1420) (CMR:565:6) Staff teeomme+ids that Council instruct its voting delegate to the Annual Congress of the National League of Cities to support the pro o;;ed ;resolution petitioning the United Stt. s Congress for a 3 #tional. *cycling Policy. 7 8 8 5 11/24/86 7. PLANNING COMMISSION RECOMMENDATION RE APPLICATION OF MICHAEL_ D. MOYER( ARCHITECT, FOR SITE AND DESIGN APPROVAL FOR SINGLE-FAMILY RESIDENCE FOR PROPERTY LOCATED AT 925 LAUREL GLEN DRIVE (300) Planning Commission unanimously recommends to the City Council approval, with conditions, of the application. 8. PLANNING COMi sSLON RECOMMENDATION RE APPLICATION OF JANE A. MORTON AND MICHAEL B. JACOBS FOR SITE AND DESIGN APPROVAL FOR A DINGLE -FAMILY RESIDENCE FOR PROPERTY LOCATED AT 6 LOS TRANCOS WOODS ROAD (300) Planning Commission unanimously recommends to the City Council approval, with conditions, of the application. MOTION FAssigD unanimously. AGENDA CHANGES, ADDITIONS, AND .DELETIONS City Manager Bill Zaner said item 2m Request for Approval to Negotiate a Contract for Landfill. Operations Consultant Services with Bill Ellis and Associates, would become Item 14-A. 9. PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE APPLICATION OF DR. A. I. HAIMSON FOR A ZONE CHANGE FROM RM-1 TO RM-2 (RESTRICTED DENSITY AND LOW DENSITY MULTIPLE FAMILY RESIDENTIAL LISTRICTS ) TO PC (I LANNED COMMUNITY DISTRICT] TO PERMIT CONSTRUCTION OF A NINE ' JNIT CONDOMINIUM PROJECT FOR PROPERTY LOCATED AT 145 AND 16S HAWTHORNE (Continued rom 10/27/86) ( 300) MOTIO t Vice Mayer Woolloy moved, seconded by Kunkel, to accept withdrawal of the application. NOTION PASSEDunanineenly. 10. PUBLIC HEARING: PLANNING COMMISSION AND ARCHITECTURAL REVIEW BOARD (ARB) RECOMMENDATION RE APPLICATION OF JOl m anooKs BOYD ROBERT R. JENKS ASSOCIATES OR A ZONE CHANGE FR ! R-2 TO PC PLANNED COMMUNITY) AND PRELIMINARY PARCEL MAP APPR FOR A PROPOSED PALO ALTO HOUSING CORPORATION DUPLEX FOR PROPERTY LOCATED AT 922-924 i3AuTISTA COURT (300) ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF ?PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODS TH NING MAP TO CHANGE. THE f"* "' F� N OF HE PROPERTY KNOWN AS 924 BAUTISTA COURT �.a�ss+�►a THE r FROM RM-2 TO PCs �A. 7 8 8 6 11/24/86 1 1 Councilmember Sutorius believed it appropriate that one or two mature trees at the rear of the lot be retained and incorporated in the landscape design. Zoning Administrator Bob Brown said a ten -inch and a fourteen -inch carob tree existed on the property. It was difficult to place the trees on the plan. Councilmember Sutorius believed one tree was on a common property line, and the other tree was close to the dividing line between the two duplex units in the rear yard. Given those approximate locations, he believed it was feasible to retain the carob trees and possibly replace the proposed magnolia tree in the rear yard with the existing carob. Sylvia Seraan, Palo Alto Housing Corporation (PAHC), said PAHC would be pleased to retain the carob unless there was a technical difficulty and unless it was on the "sneeze" list .because a com- mitment was made to keep the landscaping sneeze -free. Councilmember Sutorius said the carob was a street tree in Palo Alto, and the tree in question had been in the neighborhood for a long time. Mayor Cobb declared the Public Hearing open. Receiving no requests . from the public to speak, he declared the Public Hearing closed. AOTIt is Pico Mayor Woolley moved, seconded by Klein, to adopt the Planning Commission recommendation approving tba Planned Community Ione Change and Preliminary Parcel dap, adopting the ordinance, which includes appropriate zone change and environ- mental findings and project conditions. Councilmember Patitucci said PAHC and the City's :housing sponsor- ship was violating its own zoning rules. The zoning and floor area ratio (FAR) in the area required 0.35:1 plus 400 square feet for garage. The City was resubdividirig the lot and allocating an extra 365 square feet because it was the City's project. It was a bad precedent. If Council made others toe the line, they should also live by the rules. He opposed the motion. Councilmember Sutorius expected staff and the applicant would respond appropriately regarding the tree situation. In part because of Counailmember Patitucci reasons, and also for the posi- tion h+e expressed at the outset as a Planning Commissioner and as a Councilmember on previous sites, he had a different opinion on how mitigation matters regarding school sites should have been handled; and, therefore, he continued to oppose that type of application. Councilmember Levy would vote in favor of the motion because one of the most beneficial programs the City of Palo Alto had was the 7 8 8 7 11/24/86 Below -Market -Rate (BMR) program which called for including BMR housing interspersed within the market -rate housing in the commu- nity, so Palo Alto did not have "ghetto-ized" lower -income housing. The program worked well. The City had a number of such duplexes in single-family areas. Their appearance was virtually identical to the single-family communities. There was no .distur- bance to the neighborhood and the BMR units did not callattention to themselves. The duplex in question continued in that style. The additional square footage for the extra garage was necessi- tated by the fact the project was a duplex. Council had to make some compromises in order to have a :viable. BMR housing program and in order to have housing available to those of lower income in the high-priced community. Councilmember Renzel said the project was consistent with the R-1 single-family land use designation which permitted duplexes. The project used the PC zone to provide for extraordinary benefits by providing two units at below -market -rate. While she was not thrilled with the amount the project exceeded what was normally permitted, the few hundred square feet mostly represented the need for the second garage space. The project would accommodate two families, and Council saw many houses built for one family as big or bigger. The general size limits were consistent with the neighborhood. MOTION PASSED by a vets of 7-2, Patitucci, Sutorius voting "no." 11. FOOTHILLS PARK DAM - REQUEST FOR APPROVAL OF ALTERNATE EMBANKMENT CONSTRUCTION OPTION AND INCREASE IN CONTINGENT AUTHORITY FOR DESIGN SERVICES WITH EARTH boIENCEE ASSOCIATES/HARDESTY ASSOCIATES (801/04) (CMR:561:6) Vice Mayor Woolley asked if the City incurred any liability because the lake went from approximately four feat to eight feet, and would there be a need for lifeguard -type staff because of the greater depth of the lake. Assistant Director of Public Works George Bagdon said staff attempted to keep the lake shallow at the edge where there was the most risk of someone falling in. The slope was 3:1 and was deepest at the center, so the City was limiting its exposure to people in the middle of the lake who were at the eight -foot depth. City Attorney Diane Northway said there was always some risk to the public whenever. there was a body of water, but given those design characteristics, .the option would not increase the City's liability exposure in any considerable way. 7 8 8 8 11/24/86 Vice Mayor Woolley asked if the total cost of $850,000 to $950,000 included money already expended for design purposes and the money for the construction -phase consultant services with which staff. was going to return to Council. Mr. Bagdon said the $850,000 to $950,000 included the construction cost plus all consultant costs during the construction phase. The figure did'not include the approximate $50,000 in contingent funds nor the $50,000 already spent for testing on the subject alter- nate. Of the $1.3 million budget, the City would have spent $100,000 in design services by the start of construction and would spend another $850,000 in the construction stage. Vice Mayor Woolley asked if the City saved the money which was going to be used to relocate the utilities. Mr. Bagdon said yes, that was a savings not expended because it was during the construction phase. Vice Mayor Woolley clarified a considerable part of the $2500000 to $350,000 savings was for the utilities. Mr. Bagdon said the utilities and earth work were the two major items. The utilities' work was estimated at $195,000, and any- thing over that in savings would be General Fund. Mayor Cobb noted that all Councilmembers attended one of two extensive field trips to the site where staff gave a thorough briefing and answered many questions. Councilmember Patitucci clarified the budget went from $700,000 to $1.3 million, and back to $950,000. Mr. Bagdon said correct. Co`rncilmember Patitucci clarified the cost was still $250,000 over the original budget and program before the complications were dis- covered. Mr. Bagdon believed that was correct. Staff had an original budget of $700,000, and returned to Council for additional funds because they die evered the utilities and soil conditions, etc. Councilme er Patitucci said the fairly high response said the public would be willing to spend $2 a car in order to accomplish the improvements, and he understood those improvements went from the $700,000 to $1.3 million. Staff recommended going ahead with a $950,000 program without a recommendation on fees. The increase was not as significant as that included in the communication with the public but was a 30 percent increase over the $700,000. He asked for staff's thinking on not having a re omeendation for a use fee. 7 8 8 9 124/86 Mr. Zaner said staff did not include the recommendation for the use fee in staff report CMR:561:6 because they intended the report to be strictly related to the project. The recommendaion for the use fee remained the same, that some fee --$2 in the original recommendation ---be charged for entrance to the park. Staff had not determined when that should begin. NOTION* Councilmember Klein noised, seconded by Renzsl, to adopt staff recommendation as follows: 1. Direct staff to file a Site and Design **view application for the alternate embankment option (without a lake extension) and to begin preparation of plans and specifications immediately in order to commence construction by June 1917. 2. Authorize staff -to execute change orders to the agreement with Earth Sciences Associates for a total of $75,5007 and 3. Authorize staff to execute change orders to the agreement with Eardesty associates for a total of $I4, 400. Counciimealber Klein was pleased to make the motion because he believed Council acted in a way to save the city approximately. $350,000 by taking a careful look at the proposal. By putting the community through the loss of the lake for a year, the City was able to dry the lake out and come u., with a better plan. He con- gratulated staff. Councilmember Renzel echoed Councilmember Klein's remarks and .con- gratulated staff on returning with a creative solution to solve the many financial and design problems Coundil had with earlier proposals. She urged the City maintain a fair amount of the new space in natural area. Councilmember Sutoriux concurred the delay and reexamination bene- fited the City and the park user. He wholeheartedly shared Councilmember Patituccits concern in regard to the use fees. He accepted it was not necessary that evening to make a motion for follow-up with respect to specific recommendations --including analysis of cost benefits and impacts on the community --for a park entrance fee on a per vehicle basin. He looked forward to receiving that information so Council could act appropriately. Vice l:ayor Woolley did not believe the City was saving much out of the General Fund because so much of the savings had to do with the utilities. Neverthe. .esa, there were some small savings and per- haps that, coupled with the fact the rest of the park would not have to be disturbed for either a burrow area car a .film site, made the proposal far better than the original one. She supported the motion and agreed with Councilmembers Patitucci and Sutorius that Council needed to seriously`consider a fee. 7 8 9 0 11/ 24/86 Mayor Cobb associated with the comments with respect to the fee and with the praise to staff for a job well done. MOTION PARSED unenimossly. 12. AGREEMENT WITH JAMES M. MONTGOMERY, INC., FOR ANALYSIS OF DISCHARGE LOCATION OF THE WATER QUALITY CONTROL PLANT 1 --©1) -(CMRs556«6) ORDINANCE 3723 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1986-87 O PROVIDE FOR AN ADDITIONAL APPROPRIATION FOR AN ENVIRON- MENTAL .ANALYSIS OF THE REGIONAL.' WATER VALITY CONTROL PLANT EFFLUENT LOCATION" RESOLUTION 6574 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING FILING OF AN APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA COASTAL CONSERVANCY AND AUTHORIZING At CITY MANAGER TO S�;GN THE APPLICA IO ANY CONTRACT ARISING THEREFROM: OR ANY OTHER DOCUMENTS INCIDENTAL TO A GRANT OFFER/ AWARD, AND ACCEPTANCE IN CONJUNCTION WITH AN ENHANCEMENT PLAN FOR HABITATS NEAR THE ITT SITE AND FLOOD BASIN" MOTION* Cosnc i laemaber Derck tiel moved, seconded by Fletcher, to adopt staff recommendation as follows* 1. Approvs the agreement for Environmental Analysis of the R•gioeal Water Quality Control Plant effluent location with James M. Montgomery, Inc., in the amount of $167,550, and authorise the Mayor to sign the Agreement; 2. Authorise staff to issue Change Orders to increase funding by up to $50,000 for an Enhancement Plan, if a $50,000 great is obtaimod, 3R Authorise steff to issue Change Orders up to 15 percent ($25,000); 4. Approve the budget Amendment Ordinance 3723 for $92,650 . -. ($67,$50 for scope of field work and $25,000 for change - orders); 5. Approve Resolution 6$74 which requests tuading from the CoastalComm-valley to develop an enhancement Plan for the ITT site and/or Flood basing 6. Authorise staff to negotiate a coatrec-t for development of an Ma ae>i cw eat Plan with the Coastal Cense rascy; and ►. Authorise the City Reneger to sign and , file application for Grant Funds and to edge for Grsst. Award, Grant Contract or other roquirsd documents in conjunction with the Grant. 11/2A%Bfi MOTION PASSED unanimously. 13. CONTRACT BETWEEN THE CITY OF PALO ALTO AND C. W. ROEN FOR CONSTRUCTION OF PRASE I IMPROVEMENTS REGIONAL WATER QUALITY CONTROLPLANT EXPANSION PROJECT (1122-01) (CMRt555:6) ORDINANCE 3724 entitle' °ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING' THE BUDGET FOR THE FISCAL YEAR 1984177 TO PROVIDE_ FOR AN ADDITIONAL APPROPRIATION FOR THE CONSTRUCTION OF THE REGIONAL WATER QUALITY CONTROL •PLANT EXPANSION Councilmember Renzel said there was some discussion of the chlorine building and clarified that was modifications to an already -built building. Director of Utilities Richard Young said yes, extensive modifica- tions would be required to make the system a bulk system rather than an individual cylinder -type system. Councilmember Fletcher said the peak flows during heavy rains approached 80 million gallons a day (mgd) and yet that was the limit the expansion would accommodate. She asked why the project was not built it excess of the cut -rent peak. Mr. Young said the 80 mgd figure happened on such rare occasions that it was hardly justified to put extensive money into a plant to handle a larger quantity until it occurred more often than a day or two a year. .The capacity matched the requirements placed upon the City by the Water Quality Control Board. Councilmember Sutorius clarified the process being followed was a technical commitment and the City would get reimbursement for the shares involved by the other partners. Council was not, - in fact, wiping out the Waste Water System Improvement Reserves in one fell swoop with a combination of the previous fte i andthe ited before Counci 1,. Mr. Young said that was correct. Councilmember Sutorius clarified there was a reason for Council to act at present ahead of the Councils of the partner cities in order to meet the State -imposed deadline. Mr. Young said the .City extended the time line on getting the project under way in order to take time to design the fine bubble diffuser, and the City's commitment with the Water Quality COntrol Board was to proceed immediately upon the heels of completing that job. The partners' actions kruld probably be completed by the end of the month, but behind that there were still contract changes to be made tc :ccoemodate those approvals which would take more 7 S 9 2 11/24/86 time. Staff was proceeding as rapidly as possible according to the previous schedule. Councilmember Sutorius queried the possibility that the successful bidder was purposely submitting a significantly lower bid on one of the items as opposed to the competitive bids, i ,e. the sheeting and shoring at $10,000 as opposed to the range of other bids from $100,000 to $300,000. He hoped the lower bidder was not pre- senting an opportunity to win the bid and then return and exhaust the change order process. Mr. -Young said the item was taken up with the proposer. The City had a letter from the contractor indicating he was fully aware of his bid, was fulfilling State requirements in doing so, and was satisfied he could do the job for the price. MOTION; Coencil.ember Sstorius aged, seconded by Woolley, to adopt staff recommendation as followsg 1. Approve . the Budget Amendment Ordinance 3724 appropriating ;x.,083,3®0 from the Wastewats System Improvement Reserve to the Utilities Capital Project construction fund for the Water Qvality Control Plant Expansion; 2. Authorizes the Mager to execute the contract with C. W. Poen in the amount of $8,531,300 for Phase I expansion of the Regional Water Quality Control Plant; 3. Authorise staff to tsmee a notice to proceed, following the execution of this 00Otract and receipt of approval from the Partners for addItienal capital expenditures; and 4. Authorise staff tel ezeoute Change Orders to the construction contract up to a total of.. 8.340,000. NOTION PAULI, unanimously. 14. SUPPLEMENTAL AGREEMENT TO CONTWT NO. 4539 BY AND AMONG CITY OF PALO ALTO PALO ALTO LAN kI .L GAS CORPORATION AND CAMBRIAN ,ENERGY SYSTEMS IN C J NOTION WITH THE LANDFILL GAS �`R T LEASE AND OP I . A RETNr FOR CONVERSION SYSTEMS (10//-01) (CM ISTT:6) t ORD INANCE _3725 ti l_ en t , "ORDINANCE OF THE COUNCIL .Of THE CITY OF -PALO -ALTO -AMENDING -THE d. BUDGET FOR THE FIBCAL YEAR 19$6-87 TO 1ROVIDE FQR AN ADDI , It N _!L APPRQPRIATtON FOR CAPITAL IMPROVEMENT PROJECT- NO. 8640 qiETHANE GAS COLLECTION PIPING S BM Councilsember Bechtel asked Corporation was. the Palo Al to - Landfill Gas 7 $ 9 3 11/24/86 Mr. Bagdon said Palmer Capital incorporated in the State of California under that name to do business at the Landfill and gave it the name Palo Alto Landfill Gas Corporation. NOTION: Coaacilmember Satoriu* moved, seconded by Klein, to adopt staff recommendation to: 1. Approve the Budget Amendment Ordinance 3725 which appropriates $408,000 from time Refuse Fund System Improvement Reserve to CIF 45-40 for installation of a landfill gas collection system. Expenditure of the $403,000 for the methane gas collection system is contingent upon sot proceeding with a power generation project; and 2. Amthor i ze . ` the Mayor to execute the Supplemental ental Agreement in conjunction with the Landfill Gas Lease anal Operating Agreement for Conversion Systems. NOTION PASSED unanimously. 14-A (OLD ITEM 2) REQUEST FOR APPROVAL TO NEGOTIATE A CONTRACT FOR LANDFILL OPERATIONS CONSULTANT SERVICES WITH BILL ELLIS AND ASSOCIATES (1072-01) (CMR:559:6) Nick Honiayounfar, a Palo Alto homeowner, was concerned about the waiver of the competitive bid process for the procurement. The item was in the order of $80,000 to $100,000. He was also an environmental person familiar with Solid Waste Assessment Test (SWAT)' -reports and the requirements of those reports. He believed the item covered two items. Item One was a SWAT air report, which was the subject of AB 3374, the contents of which had Act been finalized. The final guidance document on the subject would not come out until February. It was somewhat difficult to . price an item that . Was not specific. Item Two was . a SWAT report dealing with ground water, was rather well known in the industry, and was required to be addressed about one and .one-half years ago. The deadline of January, 1987, was recently moved due to AB 3088. The staff report suggested time was short, but time for the SWAT ground water report was not so short, especially since the selected company had been dealing with the Landfill for the past several years and one presumed the familiarity of some of the .work would enable that particular company to address the issue quite rapidly. About five months ago, there was a procurement in the City of Palo Alto where companies were invited to bid on a related matter, and the: same company was selected. There Was •no communi- cation with the other firma on why they were not selected and the underlying reason for the selection. Staff reported they would compare the reasonableness of the offer with other Cities nearby, such as Mountain View and Sunnyvale, but Mountain View's Landfill was being done exclusively by the same company. He believed the estimate west an underestimate. 'There was a considerable amount of 7 8 9 4 11/24/86 i work involved in the SWAT monitoring work and requirements of this Regional Water Quality Board were increasing every day. Competi- tion.would be healthy, especially in view of the fact there were at least four competent firms in Palo Alto alone. Counci1member Sutorius asked if -Mr. Homayounfar saw the subject as one where, under a competitive bid situation, two separate con- tracts might evolve because of the difference in expertise associated with the two,'lifferent tests and reports. Mr. Homayounfar said that was the rational way of doing the proj- ect in terms of technical discipline. Someone familiar with the Landfill ill would give some economy. There was a trade off between famililiarity with the landfill and, technical discipline.. The SWAT report, in particular, required highly technical instrumenta- tion. Normally, they would not expect that to be in a.discipline that hitherto addressed ground water. Ms. Northway clarified the contract was for specialized consulting services, and ender the Palo Alto Municipal Code and the City Charter, the City did not have to go to competitive bid. The terminology was "Request for Proposals" and the City did not. always accept the lowest financial proposal because they were looking for other kinds of qualifications or characteristics. Councilmember Patitucci asked if Mr. Homayounfar worked for a company that might be an alternative bidder. Mr,. Homayounfar said he was urged by the president of his company not to appear and comment on the issue. He believed his company would have to exclude itself now that he had appeared before Council. His civic duty compelled him to speak because the prac- tice of competitive bidding and procurement gave technical advantage as well as cost advantage. As an example of a well - managed water utility company in the area, Santa Clara valley Water District generally put their procurements to ':>id when the volume exceeded $25,000. Bob .Moss, 4010 Ormee Street, . agreed with the general thrust of the previous speaker that the City should be going to some kind of a competitive bid, or select from proposals of several different consultants, especially with a contract of that magnitude. He hoped Council would do so in the cubject case. He was particu- larly moved to comment about the way the City spent millions of dollars a year for consultants. He believed that . was one area the City should tighten up. Mr. ;anger said the consultant hired for Caible Television was a highly competitive process. , He recalled there was even a Council Committee ,involved an the process and it was by no means a negoti- ated arrangement. 7 8 9 5 11/:24/86 Councilmember Levy commented that was also his recollection of the Cable consultant process. The rationale for going without a com- petitive process was summarized in two items on page 2 of staff report CMR:559:6. The second, more important paragraph raised the arguments, "There is limited professional expertise regarding the new regulations. Furthermore, there are 150 sites requiring the preparation of reports, which will create a backlog of work for the few firms specializing in this expertise. As a result, it would be difficult and time-consuming to obtain competitive quotes and complete the work by July 1, 1987." . He asked for staff's com- ment. Mr. Bagdon said the consultant selection process followed in a contract of that size entailed going to the Finance and Public Works (F&PW) Committee for approval. The process included an oral interview board. recommendations to the F&PW Committee, negoti- ating a contract, and returning to Council.. That process generally took three months. T'. -e consultant on contract with the City was familiar with the Landfill for a number of years and was hired originally through a consultant selection process which allowed other consultants the opportunity to submit packages of information. The consultant was picked as being the best for the job. There were new guidelines, but the work was similar to the type the consultant was doing at present. Councilmember Levy asked how long staff expected the work to take, after the three-month selection process. Mr. Bagdon believed three to five months. Councilmember Patitucci asked if Council did not follow the proce- dure of going through the F&PW Committee, what was the shortest time for competitive bids. Mr. Bagdon replied the consultant selection process was a policy of the City and was not based solely on cost. If the process went directly to Council without going through the F&PW Committee, it would take about two months instead of three. Councilmember Bechtel agreed with Councilmember Levy that para- graph 2, page 2 of staff report CMR:559:6 was a good rationale. Council needed to proceed. SQtioas Co acilaember Bechtel ?tsdtp escoaded by Fletcb.rs to adopt stoat recommeadation to agtboriva staff to aeeotiato an agressoat with Sill IlUisand itaeociatos to perform al/ neceae ry wort to comply with . State Asoophly Sills 3374 and MS, such agraoa oat to boa approved by Conant). et a later dote. Councilmember Renzel believed whore- a project was 'a continuation and amplification of ezisting,ionitoring, and considering the work 7 8 9 6 11/24/86 1 1 load presently carried by the Department of Public Works, any savings realized by a competitive bid might be lost by the need for staff to educate a new consultant. Staff's report was persua- sive and she urged support of the motion. Councilmember Levy supported the motion reluctantly. The normal process for competitive selection should be followed wherever pos- sible. He had confidence that Staff was satisfied the selected consultant was well qualified. He hoped staff would be assiduous in monitoring the costs to ensure the end,, price was appropriate and competitive. Councilmember Patitucci supported the motion because he believed Council had little choice but to depend an staff on such technical matters. Mayor Cobb thanked Mr. Homayounfar for raising Counci..l's sensitiv- ity to the issue which would be helpful in future. NOTION PASSED unanimously. ADJOURNMENT Council adjourned to a Closed Session re Litigation at 8:40 p.m. FINAL ADJOURNMENT AT 8:45,p.m. ATTEST: APPROVED: Mayor ? 8 9 7 11/24/86