HomeMy WebLinkAbout0243.092I
L
~staH I ~ :J'eIXli--------"!
April 30, 1992
Honorable city Council
6
Palo Alto, California _,I
ID:!ru!.!ementn __ to Report re Second: Kemora~_~_Q!!l ot ___ Jl_nderst4ndi~
Sunnyvale Materials and Recove_~y_ Transfer Slation
Members of the Council:
This report supplements CHR: 237 ~ 92 which is in your packet for
action MondaYI May 4, 1992. Because the action you are requested
to take via that report is so si9nificant~ I felt it importa~t to
provide you with some addit.ional perspective.
We have been 'Working on the issue of p!"oviding long-term solid
wa.ste disposal space for Palo Alto for the last 15 years. .As you
Know, we recently ca~e to you with a recom~endation to join with
Mountain View and sunnyvale in a long-term agreement to secure
landfill space at Kirby Canyor. in San Jose. COUncil approved that
arrangement. That agreement. ~hich is currently in place, assures
it future. generation of Palo-Altans of solid 'Waste disposal c-apacity
for 30 years. In my vie~, it is as significant as the long-term
elec~ric power contracts negotiated in the 1960's.
Having the disposal capacity is only part of the solution to our
solid waste problem. We must provide some means by whiCh to
transport the waste to the landfill. The most reasonable solution
to that part of the problem is to construct a transfer station and
haul the waste to the landfill in large trucks. We have been
~orKing tor several years on this issue and have devoted thousands
of staff hours to the subject. Recently, the three cities issued
a Fequest for Proposals (RFP) to see what the private sector had to
cffer in the ~ay of providing this facility. In addition, we began
costing out the possibility of building the transfer station
ourselveG~ After months of negotiating with the private sector
applicants, it has become clear that cuilding the station ourse.lvE:s
is not only financially feasible, it is m.ore economic ov£r the life
of the project.
In orde.r to keep these conplicat.e.d arrangements coordinated, the
three cities long ago agreed to put the city of Sunnyvale in the
"lead". The transfer station is to be located in their cit~{ (they
are furthest south), on their land. Under the existing agreem~nts
we have already authorized Sunnyvale to a~ard a contract LO a
private com.pany without consultation 'With Palo Alto or Mountain
View.
CJoiR:24J:92
L
f
.. ~ .. ,
"::.:.-;",,
" .
-
r
Page Two
If the three cities choose "'co build the facility themselves -
instead of going to the private sector --it will be Su.nnyvale ""'ho
'Will again take the :II lead" . They ... il1 let the contracts and
supervise the construction of the t.r-ansfer station. The
fundamental purpose of the second Memorandum of ender-standing
(MOU), which is the subject of CMR!237;92 and ~hich I a~
recol'l11ll~nding that ycu approve, is 1) to assure sunnyvale that
Mountain View and Palo Alto will participate if 5un~yvale decides
to build the project itself and 2) to set forth the general
conditions under which the facility .,ill be built.
Tnere is always an €l~ment of risk in large projects like this.
Having a contract with a private firm to build the transfer station
is one ~ay to try to limit the risk. A contract allo~s each party
to set down in writing the responsibilities that ~ill accrue under
certain circumstances. Because the notion of constructing this
station ourselves comes fairly late in the process, ~e have not
been able to work through all the details involved in a three city
project. The MDU we are recommending dl;!als with most of the
issues; but it is not comprehensive nor does it give us all the
legal protection .c might li1<e~ in case things do not go according
to schedule, or if cost overruns become serious. On the positive
side~ the three cities have an excellent working relationship based
on trust and commitment to equity for each partner. I am convinced
that ~e can move ahead with the KOU, despite some shortcomings it
has, and deal with the problems as they arise.
One final, and per-haps most importa,nt, note. Approval of the MOU
by the C~uncil gives the City Manager the authority to commit the
City of Palo Alto to join with Sunnyvale and Mountain Viev to build
the facility if, after reviewing all the relevant information, he
believes it to be in t.he best interest of Palo .a.lto. As I noted
above, the three sta:ffs have spent thousands of hours on this
project. I have personally participated extensively ii'l these
discussicns.. I have re'.li ewed staff analyses, IIlemos, internal
reports and details. unless ther~ is some startling new
information regarding the private sector responses to the RFP, I
intend to commit us to joining ~ith Mountain View and Sunnyvale to
build this facility ourselves.
I realize that this procedure is extraordinary. Ho~ever, I s~e no
other ~ay to me~t the existing contractual time constraints and
keep this critical project from foundering.
Respectfully··--·submi tted,
h --/ lU/ WILtI~~~ztS~ER---------
City:Manager
J
CMR:243:92
L
~71·.~' ... . -~ . :