News

Palo Alto orders analysis of CPI's toxic risk

City seeks to quell community concerns about chemicals at Barron Park site

Faced with protests from Barron Park residents over toxic materials at a nearby plating shop, Palo Alto officials on Monday commissioned new studies to determine the risk level and consider possible options for managing the risk.

The City Council's decision to pursue further analysis followed testimony from top staff at Communications & Power Industries (CPI) and from more than a dozen Barron Park neighborhood residents who urged council members to begin the process of ushering CPI out of their neighborhood. The company is located at 607 Hansen Way.

Though council members expressed concern about residents' health and safety, they concluded that they don't have enough information to determine the exact nature of the threat or to make a decision on what to do about it.

The 8-0 vote (Mayor Yiaway Yeh was absent) was the latest chapter in the six-year dispute between CPI and its neighbors. The company made upgrades to its plating shop in 2006, when it moved a product line from San Carlos to Palo Alto. It and attracted scrutiny several months later when it released nitric acid into the air, prompting reports of an unusual smell from the Chimalus neighborhood. Concerns magnified in March 2008, when CPI spilled water containing hydrochloric acid in the rear driveway, and two months later, when the company accidentally dumped about 50 gallons of wastewater containing copper and nickel into Matadero Creek.

Since then, CPI has upgraded its risk-management procedures and delivery protocols to prevent future calamities and reduced the amount of hazardous materials stored on the site. Bob Fickett, the company's president and chief operating officer, said the amounts of potassium cyanide and nitric acid at the company's site are now below the threshold of Title 19, a state law that restricts the amount of chemicals a company can store before it has to add safety measures.

Help sustain the local news you depend on.

Your contribution matters. Become a member today.

Join

Fickett told the council Monday the company takes the safety of its workers and nearby residents very seriously and that it has been working for the past five years to reduce the amount of hazardous materials at its site. He said that CPI's facilities are monitored around the clock and that a trained employee oversees each delivery of chemicals. Fickett also said that the company, which manufactures microwave and radio-frequency equipment, employs about 650 workers and has no plans to relocate in any foreseeable future. Any attempt by the city to force it to move would be unlawful, Fickett said.

"We've done a tremendous amount, and we will continue to focus our efforts here," Fickett said. "While neighbors and the community are very important to us, our employees and their well-being is equally important."

But residents weren't convinced. One after another, they asserted to the council that an industrial operation containing hazardous chemicals has no business being so close to single-family homes. Samir Tuma, who lives on Chimalus Drive near the CPI site, praised the company for taking steps in recent years to reduce its levels of hazardous materials. But even with these actions, he said, the company's proximity to the residential neighborhood does not make sense.

"This plating shop is right behind our neighborhood," Tuma said. "A plating shop with potassium cyanide and nitric acid does not belong right next door to our neighborhood."

Council members agreed and said the CPI plating shop would not have been approved today. The company has occupied the site since 1953.

Stay informed

Get daily headlines sent straight to your inbox in our Express newsletter.

Stay informed

Get daily headlines sent straight to your inbox in our Express newsletter.

This won't be the first time that the council is commissioning a study to help it deal with this problem. Last year, the consultant CB Richard Ellis completed an amortization study to determine a reasonable period for CPI to phase out its operations. The consultant determined that a 20-year period would be reasonable with the clock starting in 2006, the year CPI completed its most recent improvements. Had the council pursued the amortization option as Barron Park residents had urged, CPI would have 14 years to move its plating shop elsewhere.

Now that CPI is no longer a Title 19 facility, the council is taking a look at its options and reassessing its definition of a hazardous facility.

Councilman Pat Burt proposed Monday hiring a third party within 30 days to consider different hazard assessments. The consultant would also evaluate the best practices for management of hazardous materials and compare them with CPI's practices and recommend possible risk thresholds that could be considered for a zoning amendment.

Burt's colleagues agreed that more analysis is needed given the wide range of views expressed at Monday's meetings. They also accepted Councilwoman Gail Price's proposal that once the consultant's study is complete, the city would take the appropriate action within six months.

Councilmen Larry Klein and Sid Espinosa both lauded CPI and its recent efforts. But both ultimately agreed that the company's proximity to the residential homes is troubling.

Most Viewed Stories

Most Viewed Stories

"It's true that if we were starting from scratch, and we're not, that we wouldn't approve it and we wouldn't have it so close to the neighborhood," Espinosa said. "I think the additional information would prove critical."

Craving a new voice in Peninsula dining?

Sign up for the Peninsula Foodist newsletter.

Sign up now
Gennady Sheyner
 
Gennady Sheyner covers the City Hall beat in Palo Alto as well as regional politics, with a special focus on housing and transportation. Before joining the Palo Alto Weekly/PaloAltoOnline.com in 2008, he covered breaking news and local politics for the Waterbury Republican-American, a daily newspaper in Connecticut. Read more >>

Follow on Twitter @paloaltoweekly, Facebook and on Instagram @paloaltoonline for breaking news, local events, photos, videos and more.

Palo Alto orders analysis of CPI's toxic risk

City seeks to quell community concerns about chemicals at Barron Park site

Faced with protests from Barron Park residents over toxic materials at a nearby plating shop, Palo Alto officials on Monday commissioned new studies to determine the risk level and consider possible options for managing the risk.

The City Council's decision to pursue further analysis followed testimony from top staff at Communications & Power Industries (CPI) and from more than a dozen Barron Park neighborhood residents who urged council members to begin the process of ushering CPI out of their neighborhood. The company is located at 607 Hansen Way.

Though council members expressed concern about residents' health and safety, they concluded that they don't have enough information to determine the exact nature of the threat or to make a decision on what to do about it.

The 8-0 vote (Mayor Yiaway Yeh was absent) was the latest chapter in the six-year dispute between CPI and its neighbors. The company made upgrades to its plating shop in 2006, when it moved a product line from San Carlos to Palo Alto. It and attracted scrutiny several months later when it released nitric acid into the air, prompting reports of an unusual smell from the Chimalus neighborhood. Concerns magnified in March 2008, when CPI spilled water containing hydrochloric acid in the rear driveway, and two months later, when the company accidentally dumped about 50 gallons of wastewater containing copper and nickel into Matadero Creek.

Since then, CPI has upgraded its risk-management procedures and delivery protocols to prevent future calamities and reduced the amount of hazardous materials stored on the site. Bob Fickett, the company's president and chief operating officer, said the amounts of potassium cyanide and nitric acid at the company's site are now below the threshold of Title 19, a state law that restricts the amount of chemicals a company can store before it has to add safety measures.

Fickett told the council Monday the company takes the safety of its workers and nearby residents very seriously and that it has been working for the past five years to reduce the amount of hazardous materials at its site. He said that CPI's facilities are monitored around the clock and that a trained employee oversees each delivery of chemicals. Fickett also said that the company, which manufactures microwave and radio-frequency equipment, employs about 650 workers and has no plans to relocate in any foreseeable future. Any attempt by the city to force it to move would be unlawful, Fickett said.

"We've done a tremendous amount, and we will continue to focus our efforts here," Fickett said. "While neighbors and the community are very important to us, our employees and their well-being is equally important."

But residents weren't convinced. One after another, they asserted to the council that an industrial operation containing hazardous chemicals has no business being so close to single-family homes. Samir Tuma, who lives on Chimalus Drive near the CPI site, praised the company for taking steps in recent years to reduce its levels of hazardous materials. But even with these actions, he said, the company's proximity to the residential neighborhood does not make sense.

"This plating shop is right behind our neighborhood," Tuma said. "A plating shop with potassium cyanide and nitric acid does not belong right next door to our neighborhood."

Council members agreed and said the CPI plating shop would not have been approved today. The company has occupied the site since 1953.

This won't be the first time that the council is commissioning a study to help it deal with this problem. Last year, the consultant CB Richard Ellis completed an amortization study to determine a reasonable period for CPI to phase out its operations. The consultant determined that a 20-year period would be reasonable with the clock starting in 2006, the year CPI completed its most recent improvements. Had the council pursued the amortization option as Barron Park residents had urged, CPI would have 14 years to move its plating shop elsewhere.

Now that CPI is no longer a Title 19 facility, the council is taking a look at its options and reassessing its definition of a hazardous facility.

Councilman Pat Burt proposed Monday hiring a third party within 30 days to consider different hazard assessments. The consultant would also evaluate the best practices for management of hazardous materials and compare them with CPI's practices and recommend possible risk thresholds that could be considered for a zoning amendment.

Burt's colleagues agreed that more analysis is needed given the wide range of views expressed at Monday's meetings. They also accepted Councilwoman Gail Price's proposal that once the consultant's study is complete, the city would take the appropriate action within six months.

Councilmen Larry Klein and Sid Espinosa both lauded CPI and its recent efforts. But both ultimately agreed that the company's proximity to the residential homes is troubling.

"It's true that if we were starting from scratch, and we're not, that we wouldn't approve it and we wouldn't have it so close to the neighborhood," Espinosa said. "I think the additional information would prove critical."

Comments

PatrickD
Barron Park
on Apr 23, 2012 at 11:28 pm
PatrickD, Barron Park
on Apr 23, 2012 at 11:28 pm

My house was built in 1949 and is two blocks away. I think it's safe to say it was here first. CPI should never have been able to build the plating shop so close, and the city council should do something to rectify the situation.


Joe
Barron Park
on Apr 24, 2012 at 1:00 am
Joe, Barron Park
on Apr 24, 2012 at 1:00 am

CPI claiming to have occupied the site since 1953 is bit like Zsa Zsa Gabor celebrating her years of marriage. (Zsa Zsa Gabor was married 9 times, divorced 7 times and had one marriage annulled because she was likely married to two men at the same time.) CPI itself didn't exist until 1995 when Varian sold the Electron Device Business to a hedge fund. Another hedge fund bought that company and took CPI public in 2006. In 2011, still another hedge fund took the company private again.

Mr. Pickett is being somewhat generous in his characterization of the safety of the CPI plating facility. Most recently, on Sunday March 14, 2010 a hydrogen tank vented at the site. During the event, PAFD discovered that some of CPI's tanks were mislabeled. When PAFD ordered the site evacuated and set up a 200 foot safety zone, one worker wasn't located for nearly 20 minutes because he had ensconced himself in a company restroom.


Barron-Park-Politics-As-Usual
Another Palo Alto neighborhood
on Apr 24, 2012 at 8:45 am
Barron-Park-Politics-As-Usual, Another Palo Alto neighborhood
on Apr 24, 2012 at 8:45 am

Question:

How many people have been killed, or even injured, at the Varian/CPI manufacturing site/activity since it was founded? Zero people have been killed.

How many people have been killed at the Palo Alto Airport during the same period of time? About 165!

So--which operation is more dangerous to human life?

Wonder why the City Council is concerned about "chemicals" at the current CPI site, but totally disinterested about the safety of people living under the flight paths of the Palo Alto Airport?

And what about all of the chemicals and radioactive materials on the Stanford campus? Shouldn't the Council be concerned about that too?

Another example of too many people with too much time on their hands.


Don
Barron Park
on Apr 24, 2012 at 10:31 am
Don, Barron Park
on Apr 24, 2012 at 10:31 am

I grew up in the Barron Park area during the late 60's early 70's.

I attended Barron Park Elementary K - 2 then was transferred to Loma Vista for 3 - 6. Many, many days were filled playing in the Barron Park creek wich travels behind the CPI facility and near these houses.

Let's cut to the chase here; at least 90% of the people living in these homes near CPI did not buy them in 1949 or even 1959 or even 1969. They bought them maybe ten or fifteen years ago if even that. Now because of the depressed housing market they are trying to bring their home values up however they can even at the expense and well being of 550 employees.

This is obviously a case where people did not do enough research prior to purchasing their homes. They saw big dollar signs on their real estate investment in desirable Palo Alto back in 2005 when they paid at least 100,000 dollars per house over market value. Can you say not smart?

The businesses along that strech of Palo Alto have been there many years and have never been so well regulated as they are now. I don't see why CPI should be ostricized by a bunch of witch hunters.

Palo Alto was a great place to grow up and I have absolutely no reservations about owning a home next to CPI, if I could afford one. The same people that are complaining about CPI and weren't smart enough to figure out what that big building over there was when they bought the house are now the people that form this community.

Thank GOD I don't live in a community like that any more. This explains a lot of the other idiotic moves the city has made over the years like cutting down trees on California Avenue, not allowing paid admission into Foothills Park by non-residents and allowing an icon like the bowling alley to be buldozed. The fields behind Gunn High School have now been completely taken over and are locked so no more Sunday pick up softball games. There is going to be a lot of crime and trouble as kids grow up and have nothing constructive to do in this town. Barron Park residents the value in your home is going to degrade in time. Sell now you don't have long to recover your overinvestments. This town has cancer and it is not caused by CPI. It is caused by selfish money grubbing people; the peole now making up this community. Sad, very sad.




lark
Midtown
on Apr 24, 2012 at 11:56 am
lark, Midtown
on Apr 24, 2012 at 11:56 am

To Mr Patrick D
Your house may have been built in 1949, however, in what year did YOU purchase it? I'm sure CPI had been in business at their location for some time at thst point.You should have made a better assessment of the neighborhood before you moved into it. I'm very much in agreement with Don.


Douglas Moran
Registered user
Barron Park
on Apr 24, 2012 at 1:21 pm
Douglas Moran, Barron Park
Registered user
on Apr 24, 2012 at 1:21 pm

One thing missing from the story is that in assessing risks and finding them to be small, the consultant assumed that the safety systems would we fully operational. However, the 2006 nitric acid gas release was the result of the primary safety system (scrubbers) and the backup (surrounding room as containment vessel) were not just simultaneous deactivated, but were left deactivated even though it wasn't necessary at that time. Furthermore, the operators of equipment were not aware that the safety systems were off-line and made a serious mistake.

Furthermore, CPI stated that in the 2006 release only the odor of the gas reached residents, when in fact a healthy adult became very faint. When a company persistently ignores observable facts in favor of models that may not be realistic and that can be manipulated to obtained the desired results, it pays to be skeptical.

In the years of trying to work with CPI on this issue, I have repeatedly encountered indications that they have a poor safety culture.


Douglas Moran
Registered user
Barron Park
on Apr 24, 2012 at 1:24 pm
Douglas Moran, Barron Park
Registered user
on Apr 24, 2012 at 1:24 pm

Correction of Bob (The second comment in this thread):

The hydrogen gas venting of March 2010 was not at CPI, but at Varian.


Douglas Moran
Registered user
Barron Park
on Apr 24, 2012 at 1:56 pm
Douglas Moran, Barron Park
Registered user
on Apr 24, 2012 at 1:56 pm

Meta observation: If you want to understand a significant factor in why City Council has problems making good decisions, this hearing provides an excellent example. CPI's consultant was allowed to effectively filibuster the hearing, abetted by Council members who kept asking him questions long after it became clear that he could/would not provide appropriate answers. Although a few Council members followed up by asking him to try to answer the question he was asked, and to be more concise, the consultant was allowed to ramble on and on and on.

One neighbor new to this process commented that it seemed that Council was more interested in asking questions than getting answers (although nowhere near as bad as you see in Congressional hearings). I disagree and attribute the problem to excessive politeness.


the money tree
Barron Park
on Apr 24, 2012 at 2:20 pm
the money tree, Barron Park
on Apr 24, 2012 at 2:20 pm

I was interested in resident Samir Tuma mentioning that he personally was ok with the 14 year amortization even though his neighbors do not agree.
Seems Mr Tuma is keeping his connections to big money in good order. After all, he's a Planning Commissioner. Wouldn't want to upset the money-tree while he's climbing on it.


Joe
Another Palo Alto neighborhood
on Apr 24, 2012 at 4:09 pm
Joe, Another Palo Alto neighborhood
on Apr 24, 2012 at 4:09 pm

> Furthermore, CPI stated that in the 2006 release only the
> odor of the gas reached residents, when in fact a healthy
> adult became very faint.

Do “healthy adults” have names? Did this “healthy adult” call 911, so that there is some sort of verifiable record of his/her “faintness”. And just how long did this “disability” last?

People can become faint from vigorous exercise, such as running on a warm day. People who are allergic to peanuts can go into shock from eating peanut butter. Are we going to ban running and peanut butter from our community too?

Facts are things that can be verified. There isn’t much that comes close to a fact being presented here.

> When a company persistently ignores observable facts in
> favor of models that may not be realistic and that can be
> manipulated to obtained the desired results, it pays to
> be skeptical.

When people make claims, but provide not a shred of evidence—it does pay to be skeptical—particularly if they are from Palo Alto.


Lord of Barron PArk
Barron Park
on Apr 24, 2012 at 4:40 pm
Lord of Barron PArk, Barron Park
on Apr 24, 2012 at 4:40 pm

[Post removed by Palo Alto Online staff.]


Jack G.
Midtown
on Apr 24, 2012 at 5:13 pm
Jack G., Midtown
on Apr 24, 2012 at 5:13 pm

As a resident of Palo Alto for the past 42 years, with my backyard fence bordering Matadero Creek and an employee of Eimac / Varian / CPI (same company - same products) for the past 52 years, it is difficult to understand the thought processes of a few Barron Park residents versus the 650 employees (currently) who have been safely working in close proximity to the "plating operation" with no documented injuries to human life... The safety of everyone should remain the #1 priority - and as was pointed out at last night's Council Meeting, CPI's levels of safety are within the state mandated requirements - as established by "Title 19"... It will be interesting to discover what, yet another, "commissioned new study" will determine.


Douglas Moran
Registered user
Barron Park
on Apr 24, 2012 at 6:59 pm
Douglas Moran, Barron Park
Registered user
on Apr 24, 2012 at 6:59 pm

"Joe, a resident of Another Palo Alto neighborhood" and "Lord of Barron PArk" are examples of the malicious cowards who use anonymity as a shield while they spout absurd falsehoods.

1. "Joe": "not a shred of evidence". The name and account of this person was in the initial news story of this incident (Web Link which is trivially found by a search on this site -- it came up as the third entry when is entered "nitric acid leak". And this aspect has been cited repeatedly in public hearings over the intervening years.

2. "Lord of Barron Park": I am not even one of the leaders of this effort, as is abundantly clear if one reads the articles. I got sucked into it as a participant because I attended the early meetings in my role as BPA President and was deeply offended by CPI's dismissive attitudes to the facts, to safety practices and to the residents.


Douglas Moran
Registered user
Barron Park
on Apr 24, 2012 at 7:14 pm
Douglas Moran, Barron Park
Registered user
on Apr 24, 2012 at 7:14 pm

RE: Jack G:
One of the reasons that the residents have a different view of the safety issue than the employees is that while CPI will give its employees timely alerting and instructions in the event of a release, it refuses to do the same for residents who are as vulnerable or more to that release.

Despite the neighborhood's repeated attempts to work with CPI to provide useful alerts, CPI has adamantly and persistently insisted that they will do no more than the minimum required by regulations, even though that notification process has multiple steps that each introduce delays and confusions. It doesn't seem to matter to CPI that people could die because of these unnecessary delays.


Lord of Barron Park
Barron Park
on Apr 25, 2012 at 11:26 am
Lord of Barron Park, Barron Park
on Apr 25, 2012 at 11:26 am

[Post removed by Palo Alto Online staff.]


Donald
South of Midtown
on Apr 25, 2012 at 8:44 pm
Donald, South of Midtown
on Apr 25, 2012 at 8:44 pm

So CPI won't do anything beyond what is legally required in regards to safety. The corporate reality is this: any executive who spends money to exceed the legal requirements on safety risks being fired by the board of directors. Any director who supports such expenditures risks being voted out by stockholders or being sued for breach of responsibility. Share holder return and value come first, and safety of neighbors doesn't count at all in this game. If you don't like that, don't blame CPI.


lord of barron park
Barron Park
on Apr 26, 2012 at 11:41 am
lord of barron park, Barron Park
on Apr 26, 2012 at 11:41 am

[Post removed by Palo Alto Online staff.]


Douglas Moran
Registered user
Barron Park
on Apr 26, 2012 at 1:05 pm
Douglas Moran, Barron Park
Registered user
on Apr 26, 2012 at 1:05 pm

RE: Donald
The cynicism of a corporation doing more than the minimum required misses a large part of the calculus.

1. The additional notification appeared to be very inexpensive -- it could simply use the existing public system (AlertSCC, formerly CANS). The changes to CPI's procedures for alerting seemed minor, since it used much the same info as they needed to protect their own employees. CPI never made any argument that this was either difficult or expensive, but simply took the position that they wouldn't do it.

2. If you look at the costs of the meetings - attendance, prep -- and consultant reports, it would seem that these costs alone would have swamped the costs of doing better notification.

3. CPI is owned by a private equity company whose goal is to sell such companies. The controversy has highlighted risks and introduced uncertainties that typically hurt a company's valuation. Furthermore, this documented history provides a basis for larger penalties and punitive damages in the event of a damaging release.

The unknown portion of this calculus is what CPI sees as its legal exposure from doing an enhanced notification.


the_punnisher
Registered user
Mountain View
on Apr 26, 2012 at 3:13 pm
the_punnisher, Mountain View
Registered user
on Apr 26, 2012 at 3:13 pm

Mtn. View had a similar problem with the " Rust Bucket " ( Fairchild Semiconductor Wafer Fab plant ) near our house. Your City council might want to talk to the " city fathers " of Mtn. View to get the proper steps on how to deal with this contamination.

You also might want an EPA evaluation, but ( Horrors! ) Palo Alto might have a SUPERFUND site that will make homes in the area quite affordable [/sarcasm]..

Plating generates plenty of toxic byproducts and the City ( and residents ) legally have access to the MSDS sheets that this plating company has on file.

As a manager, OSHA teaches you about these things and discusses compliance and penalties if you ( or your company ) doesn't comply.

( I was a manager when Cray Research open it's private WAFER FAB area and WE didn't contaminate the Chippewa Falls water supply! )

For examples of steps to be taken, you need to look no farther than what happened to the ROMIC plant in east Palo Alto...

It seems some " good neighbors " were not so " good neighbors ", which is why OSHA and the EPA have had to step in...



Don't miss out on the discussion!
Sign up to be notified of new comments on this topic.

Post a comment

On Wednesday, we'll be launching a new website. To prepare and make sure all our content is available on the new platform, commenting on stories and in TownSquare has been disabled. When the new site is online, past comments will be available to be seen and we'll reinstate the ability to comment. We appreciate your patience while we make this transition.