HomeMy WebLinkAboutMin 11-20-9617
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - November 20, 1996
The City Council convened in a regular meeting, of which the agenda was legally noticed and posted,
at 6:33 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll
was taken. PRESENT: Councilmembers Mastin,'Malone, and Mayor Schneiter. ABSENT:
Councilmembers Wattenburger and Shoemaker. Staff Present: Public Utilities Director Barnes,
Community Services Director DeKnoblough, Assistant City Manager Harris, Public Works
Director/City Engineer Kennedy, Public Safety Director Keplinger, Associate Planner Lohse, City
Attorney Rappod, Planning Director Sawyer, Senior Planner Stump, Senior Civil Engineer Woods,
and City Clerk Giuntoli.
2. InvocationlPledqe of Alleqiance
Mayor Schneiter gave the Invocation, and Councilmember Malone led the Pledge of Allegiance.
Per the request of Stanley and Joanne Donner, the Council consented to hear Item 10d earlier than
its scheduled time.
.
Special Order of Business
a. Proclamation - The Week of November 18-22, 1996 as "Winter Weather and
Flood Preparedness Week"
Mayor Schneiter noted the Proclamation, and by consensus the Council voiced support of the week
of November 18-22, 1996 as "Winter Weather and Flood Preparedness Week."
Approval of Minutes
a. Regular Meeting - November 6, 1996
MIS MalonelMastin to approve the Minutes of the Regular Meeting of November 6, 1996 with the
following corrections:
Councilmember Mastin suggested the following additions to the Minutes: Page 2, add following
Paragraph 10; "Councilmember Mastin asked staff whether making Lorraine Street one-way south
from Marlene, in conjunction with Marlene being made one-way east from Lorraine, had been
considered. Staff indicated that it had not because it was felt that would merely shift the traffic
problem on to Betty Street." Page 6, Paragraph 3, 1st Sentence, amend to read; "Councilmember
Mastin reported he had attended the Economic Development Finance Committee (EFDC) meeting
and was contemplating resigning his position with the committee due to pending City Council
committee reassignments."
The motion carried by the following roll call vote: AYES: Counciimembers Mastin, Malone, and
Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Wattenburger and
Shoemaker.
5. RIGHT TO APPEAL DECISION
Mayor Schneiter explained the appeal process.
6. CONSENT CALENDAR
Councilmember Malone recommended that Item 6i, Award of Contract to Cold Creek Compost, be
removed from the Consent Calendar and heard separately, since there were representatives from
the City's current contractor, Reuser, Inc., present in the audience to speak to the issue.
Mayor Schneiter advised that Item 6i would become Item 10f, under New Business.
Assistant City Manager Harris advised there were two corrections to be made to the staff report
on Item 6g: 1) Final contract cost of $16,893.22 is changed to $16,921.82; and 2) Cost to fund 100-
3110-250-000 of $11,893.32 is changed to $11,921.82.
MIS Malone/Mastin to approve Consent Calendar Items a-h, j, with the corrections to Item g;
ao
Accepted resignation of Steve Ford from Traffic Engineering Committee, and authorized City
Clerk to advertise for "at-large member;"
Regular Meeting - November 20, 1996
Page I
18
b. Adopted Resolution No. 97-36 Designating Agent for Filing Financial Assistance Application
for January-April 1995 Storm Disaster;
c. Denied claim for damages received from Pano Stephens, and referred to City insurance
carrier, REMIF;
d. Received Report of Disbursements for the month of October, 1996;
e. Adopted Ordinance No. 980 Amending Division 9, Chapter 2, Article 6 of the Ukiah City Code
revising the provisions of the Neighborhood Commercial (C-N) Zoning District;
f. Adopted Ordinance No. 981 Amending the Official Zoning Map for the City of Ukiah, CA
rezoning two parcels along Clay Street in the Dora Street corridor from R-3 to R-l;
g. Accepted the work performed under the contract and authorized the City Clerk to file Notice
of Completion for Street Striping 1996, Specification No. 96-12;
h. Received report relative to the purchase of new electric meters from WESCO in the amount
of $8,855.63;
j. Awarded bid for Sodium Bisulfate Products to Pressure Vessel Services, Inc., in the amount
of $560 per dry ton;
The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and
Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Wattenburger and
Shoemaker.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
Mayor Schneiter advised that Item 10d would be heard at this time, since it was not yet the 7:00 p.m.
hour scheduled for the Public Hearing.
10d.
Request of Stanley and Joanne Donner for Waiver of the Public Improvement
Requirements of Policy Resolution No. 5 Conditioned on Building Permit Application
for 430 North Sprin_cl Street
Public Works Director/City Engineer Kennedy advised that the Donners are requesting that the
requirement for public improvements be waived for a parcel on which they propose to remodel an
existing structure. The remodel cost exceeds 1/3 of the value of the existing structure. In
accordance with Policy Resolution No. 5, which states if the remodel does exceed 1/3 of the value
of the assessed value of the existing structure, curb, gutter, sidewalk and other public improvements
as determined by the City Engineer shall be installed. The Donners are seeking the waiver to save
the cost of construction of the improvements, and since there currently is no curb and gutter and
sidewalk on that side of the road from Walnut to Willow Avenues. He fudher advised he believed
that improvements with modifications could be constructed with little additional expense; at
minimum, curb and gutter should be installed.
Mayor Schneiter inquired regarding the construction costs.
Mr. Kennedy replied there would be no change in the curb and gutter from standard installation, but
that the sidewalk could be 4 foot instead of 5 foot wide, and directly against the property line. He
voiced his concern regarding the height differential, and noted it could be argued there should be
some type of railing on the outside of the sidewalk. The sidewalk would cost more than standard
placement, because the contractor would be working on an elevated area.
Councilmember Malone asked if the improvement requirements could be deferred to the time when
the other parcels on the street were improved.
Mr. Kennedy replied deferments until such time as the building permit is applied for can be approved
for parcels that do not have structures on them, but not for properties with existing structures.
Mayor Schneiter invited the applicants, who were present in the audience, to come forth and speak
to the Council regarding their project.
Joanne Donner, property owner, presented the Council with a sketch of the project site, and stated
that their properly is in the center of the block, and there are no curbs, gutters, or sidewalks on
Spring Street or Willow Avenue. She further stated it made no sense to install this small portion of
improvements in this area, and the cost, which would equal half of the proposed remodeling
expenses, would be prohibitive for them.
Councilmember Mastin inquired if it had been determined what the improvement cost would be.
Regular Meeting - November 20, 1996
Page 2
19
Ms. Donner replied the bid pdce for the improvements was between $4,000 and $5,000 for the one
parcel, which would nearly equal the value of the existing building, which had been assessed at
$7,000.
Mayor Schneiter commented that at one time the Planning Commission toured the City and
attempted to discern where the installation of curb, gutter and sidewalk was appropriate. Although
no areas were designated on a map, it was his opinion that North Spdng Street, between Walnut and
Willow Avenues, is one of the areas where he would hesitate to invoke the improvements. He
voiced his lack of support for the City Engineer's recommendation.
Councilmember Malone agreed with Mayor Schneiter, and stated this was one of those situations
where more than 50% of the block does not have improvements, and to put the onus on one parcel
does not improve the safety situation.
Councilmember Mastin stated that although he supported that view, he would need to ask at what
point property owners should be required to construct the improvements. The City's policies and
practices should be generally imposed, and not dealt with on an individual basis.
Discussion followed regarding the need for the improvements, wherein it was noted many
communities exist where the absence of sidewalks is the rule.
MIS MalonelMastin to honor the request of Stanley and Joanne Donner for a waiver of the public
improvement requirements of Policy Resolution No. 5, carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers Wattenburger and Shoemaker.
.
UNFINISHED BUSINESS
Discussion and Introduction of Ordinance Amendinq Section 1101 of the Ukiah
Municipal Code Reducinq the Number of Airport Commissioners from Seven to Fivc
Assistant City Manager Harris advised that at the meeting of September 18, 1996, the City Council
introduced Ordinance No. 972, which allows three members of the seven-
member Airport Commission to be non-City residents. This action was in response to
recommendations from the Airport Commission and staff who identified difficultly in securing
applications from City residents to fill the current vacancies. After advertising for the vacancy, one
application was received from a resident outside the City.
Since the adoption of the Ordinance, another member of the Committee has resigned, bringing the
number of vacancies to two, and presents the situation of whether the Commission should consist
of five members instead of seven. The Airport Commission considered this matter at their November
12, 1996 meeting, and unanimously agreed that a reduction to five members was both acceptable
and appropriate. The proposed composition would be three City residents and two Sphere-of-
Influence residents, which is the current make-up of the Commission and thus would not require any
new appointments. Staff concurs with the Airport Commission and believes that the community is
as well served with five commissioners as with seven, and that neither the integrity of the
Commission nor the diversity of perspective is compromised with the reduction.
Councilmember Malone stated he was in favor of leaving the Commission membership at seven,
and believed that all opportunities should be given to residents for community involvement. He
further suggested that notice of the Commission vacancy be posted at the Airport in addition to the
regular advertising procedure.
Councilmember Mastin stated he believed all of the City's commissions should be five in number,
not only for success in filling vacancies but also for completing the business at hand. If balance is
sought in appointments, a five-member committee composition should reflect adequate
representation.
MIS MastinlSchneiter to introduce by title only the Ordinance Amending Section 1101 of the Ukiah
City Code Changing the Number of Members on the Airport Commission, carried by a majority voice
vote of the Councilmembers present.
City Clerk Giuntoli read the Ordinance by title only.
MIS MastinlSchneiter to introduce the Ordinance Amending Section 1101 of the Ukiah City Code
Changing the Number of Members on the Airport Commission, carried by the following roll call vote:
Regular Meeting - November 20, 1996
Page 3
21
Transportation (Caltrans). The UVMC administration intends to upgrade the helipad to provide for
the safer operation of the facility upon approval of the above permit, which requires the completion
of an environmental analysis, local approval of a use permit, documented approval by a resolution
of the City Council, and documented action by the County Airport Land Use Commission.
Staff has determined that potential adverse impacts that could be caused by helicopter noise and
the potential for a helicopter accident could be reduced to an insignificant level if the measures
recommended in the study were adopted. The recommended mitigation measures are incorporated
into the Conditions of Approval included in the Resolution. He further reported that on October 23,
1996, the Planning Commission recommended approval of the Negative Declaration prepared for
the project and for Use Permit Application No. 96-39. The project was also approved by the
Mendocino County Airport Land Use Commission at a public hearing on October 29, 1996. Staff
concurs with the actions of both of these bodies and recommends that the City Council adopt the
resolution adopting the Negative Declaration and approving the use permit.
Mayor Schneiter commented he thought the process of approving the use permit and negative
declaration in the form of a single resolution was a good one.
Councilmember Mastin commented that at the time Council was reviewing the Airport Master Plan,
there was a question regarding the safety or clear zone, and that part of the hospital was included
in that zone.
Mr. Lohse advised the proposed helipad area is in the northernmost region of Zone B, and that staff
had consulted with the representatives from Shutt Moen Associates and determined it to be safe.
The Airport Land Use Commission felt there would be no conflict with overflights between airpod
traffic and the helicopter flights.
PUBLIC HEARING OPENED: 7:0,5 p.m.
ValGene Devitt, President, Ukiah Valley Medical Center, stated he was present to answer any
questions Council might have.
Councilmember Mastin referenced the problems Santa Rosa Memorial Hospital has had with their
helicopter flights, and noted that in the Planning Commission reports there were no public comments
or inquiries regarding the helipad development.
Mr. Devitt replied they had only had one inquiry which was from a property owner in the area who
was concerned about overflights over their property. Currently, the law allows helicopters to land
anywhere in case of medical emergency; they can approach the hospital any way they want to and
land in any area that is safe. Under this plan, the landing will be regulated and there will be a path
for arrival and departure. The pathway is north and south, parallel to the railroad tracks.
PUBLIC HEARING CLOSED: 7:09 p.m.
MIS MalonelMastin to adopt Resolution No. 97-37 Adopting A Negative Declaration And Approving
Use Permit No. 96-39, to construct and operate a helipad for emergency services at Ukiah Valley
Medical Center, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and
Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Wattenburger and
Shoemaker.
8b.
Introduction of Ordinance Amending the City Zoning Map to Rezone 21 Parcels in the
State Street Central Area~ as Part of the City-Wide Rezonin.q Pro.qram Associated with
Implementation of the Ukiah Valley General Plan
Senior Planner Stump reported this is Phase No. 6 of the City-wide General Plan rezoning program
involving 21 lots situated in the State Street Central area. This portion of the community is
predominantly comprised of commercial, manufacturing, and medium and high density residential
zoning classifications. The project involves rezoning a number of parcels from "C-1" to "R-2," "P-D"
to "P-F," "M" to "P-F," "C-1" to "R-3," "C-2" to "R-3," "C-2" to "R-2," "M" to "R-2," and "M" to "C-2."
He further reported on the Planning Commission recommendations of October 23, 1996, which have
been incorporated in the proposed ordinance.
Discussion followed regarding the rezoning of the various parcels.
Public Hearing Opened: 7:14 p.m.
Regular Meeting - November 20, 1996
Page 5
22
John McCowen, PO 454, Ukiah, explained the rationale behind his decisions made as a member
of the Planning Commission regarding the proposed rezoning.
Public Hearing Closed: 7:17 p.m.
MIS SchneiterlMastin to introduce by title only the Ordinance Amending the Official Zoning Map for
the City of Ukiah, California, rezoning 21 parcels in the State Street central area, carried by an all
AYE voice vote of the Councilmembers present.
City Clerk Giuntoli read the Ordinance by title only.
MIS SchneiterlMastin to introduce the Ordinance Amending the Official Zoning Map for the City of
Ukiah, California, rezoning 21 parcels in the State Street central area, carried by the following roll
call vote: AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None.
ABSTAIN: None. ABSENT: Councilmembers Wattenburger and Shoemaker.
ac,
Adoption of Resolution Approving an Application for Fundinq and the Execution of a
Grant Aqreement from the Planning/Technical Assistance Allocation of the State
Community Development Block Grant Proqram
Assistant City Manager Harris advised the proposal is from the Ukiah Community Center (UCC)
to apply to the Community Development Block Grant (CDBG) Program for a planning/technical
assistance allocation. The two areas in this allocation are "general" and "economic development."
Two public hearings are required; the first one was held at the staff level on Monday, November 4,
1996. This will be a public hearing regarding the application. There will be no City funds involved
in this process; the matching funds will be provided by UCC in the amount of $1,317.00.
PUBLIC HEARING OPENED: 7:20 p.m.
Judy Judd, Executive Director, Ukiah Community Center, came forward from the audience to
answer questions regarding the planning grant application.
Council had no questions for Ms. Judd.
PUBLIC HEARING CLOSED: 7:21 p.m.
MIS MastinlMalone to adopt Resolution No. 97-38 Approving an Application for Funding and the
Execution of a Grant Agreement from the Planning/Technical Assistance Allocation of the State
Community Development Block Grant (CDBG) Program, carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers Wattenburger and Shoemaker.
8d. Approval of Citizens Option for Public Safety (COPS) Grant Program
Public Safety Director Keplinger advised that Assembly Bill 3229 established the Citizens Option
for Public Safety (COPS) Grant Program. The bill appropriates approximately $100 million statewide
for use in augmenting law enforcement agencies. The City of Ukiah°s share of the funding is
$34,252, and is based on population estimates by the State Department of Finance. Cities are
required to appropriate COPS revenues to fund front line municipal police services. The funds must
be appropriated pursuant to a written request from the Chief of Police, which must include the
personnel, equipment, and programs necessary to meet the services to be funded. As these
revenues must supplement and enhance existing services and funding, it is recommended the funds
be used to improve our communications and computer capabilities, not only for the City of Ukiah but
also in coordination with the City of Ft. Bragg. A special oversight committee consisting of Sheriff
Jim Tuso, District Attorney Susan Massini, County Administrator Michael Scannell, City Manager
Gordon Logan, and Policy Chief Tom Bickel, has been established by law to monitor the expenditure
of these grant funds on an annual basis.
PUBLIC HEARING OPENED: 7:24 p.m.
No one came forward.
PUBLIC HEARING CLOSED: 7:25 p.m.
MIS MalonelMastin to approve the Citizens Option for Public Safety (COPS) grant program, and
appropriate a separate fund account for all expenditures, carried by the following roll call vote:
Regular Meeting - November 20, 1996
Page 6
23
AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: Councilmembers Wattenburger and Shoemaker.
10e. Consideration of a Request by Mendocino Brewing Company (MBC) for a Waiver t(:
Section 3706.4A of the City of Ukiah Sewer Ordinance No. 845, Relative to thc
Prohibition of Rain Water Discharge Into the City Sewer Systei¥
Public Utilities Director Barnes was present to answer questions from the Council.
Mayor Schneiter referenced Item 4 in the November 8, 1996 letter from Summit Engineering, and
inquired regarding "net gain of captured rainwater," and that it seemed to be a timing issue.
Mr. Barnes replied it was a timing issue. The cdtical time and peak flow is during the winter season,
when the system is loaded with inflow. Even though there is reduced flow during the summer, there
is increased flow in the winter. The brewery is still only allowed to discharge 55,000 gallons a day.
The concern is that the 55,000 gallons will be increased, and a portion of that will be rainwater. He
further stated that staff has no way to determine rate of evaporation, and have seen no tank
dimensions or calculations other than what is contained in the letter. Staff's position is that if the
ordinance is enforced to other customers with open basins, then it should be enforced in this
situation also.
City Attorney Rapport commented the Council cannot just waive ordinance requirements. Once
an ordinance is adopted, it must be enforced. The Council, however, can go through the
amendment process, which involves a procedure including a right of referendum, so that if
individuals in the community do not approve of the change, they have an opportunity to challenge
it. This specific code section notes that when the situation concerns industrial discharge of unusual
strength or character, an agreement can be developed imposing terms and conditions. It would
seem to be possible than an agreement could be developed with Mendocino Brewing Company that
would permit some design that might result in some rainwater entering into the sewer system, if that
was the desirable thing to do from the City's standpoint.
MIS SchneiterlMastin to deny the request by Mendocino Brewing Company for a waiver to Section
3706.4A of the City of Ukiah Sewer Ordinance No. 845, relative to the prohibition of rain water
discharge into the city sewer system.
Mr. Rapport advised that the Brown Act requires the public be allowed to speak to the issue.
Don Barkley, Master Brewer, Mendocino Brewing Company, introduced Bill Phillips, President,
Summit Engineering, Inc., to address the measures implemented to mitigate some of the problems
relative to the issue.
Mr. Phillips stated that Mendocino Brewing Company has expended a significant amount of money
to construct a sophisticated wastewater pretreatment facility to bring the biological strength of the
wastewater from the brewing operation down to less than domestic wastewater residential levels.
That has been accomplished using an aerated treatment system with a holding tank and pump
discharged into the City sewer. During the design of the facility and discussion with Public Works
personnel, it was noted there was a specific restriction in the sewer ordinance which stated that no
rainwater should enter the City system. The system Summit Engineering designed has been done
in accordance with standard engineering practices and is an uncovered, aerobic system which
allows rainwater to fall into the basin.
The usual reason for a restriction in sewer ordinances is to prevent the surge impacts from a storm
event on the City's wastewater collection system and treatment plant. With the construction of a
55,000 gallon storage tank and provision of a constant-rate pumping system, the possibility has been
eliminated of any impact on the flow rate from the treatment facility to the City sewers. The open
system allows the advantage of evaporation, and as a result over 10,000 gallons less water are
contributed annually to the City's collection and treatment system. Mendocino Brewing also
expended several hundreds of thousands of dollars to depress the treatment system into the ground
to minimize any visual impacts from the freeway. If they proceed with the roof covering of the
structure at an additional $50,000 to $100,000, the efforts put into reducing that visual impact will
vidually go for naught. They would appreciate Council's positive consideration of the waiver request.
Mr. Barkley commented that the establishment of a pre-treatment plant, required by the City's
ordinance which states that untreated waste cannot be delivered directly to the wastewater plant,
took the exclusion into consideration. The plant also was developed with the ability to discharge
waste which is 1/6 of the industrial strength of what is presently required in the ordinances. By
Regular Meeting - November 20, 1996
Page 7
24
attempting to minimize the aesthetic factor of the plant itself, a considerable sum was spent to sink
it into the ground. The development of a roof system to divert water into the basin would mean an
additional expenditure and further discussion with the City relative to visual factors. All of those
things could adversely impact the opening of the brewery, itself. He further commented he hoped
that the current positive relationship with the City would continue.
Mayor Schneiter questioned Mr. Barkley's statement that the scheduled opening of the brewery was
in jeopardy, and reinforced the fact that the City also has a large stake in this project. He stated he
felt the ordinance was appropriate, and had not heard anything that would cause him to change the
motion on the floor denying the application for waiver.
Mr. Barkley replied he felt they had presented information clearly indicating that by eliminating the
rainwater in the system, the City wastewater plant will actually be receiving more water annually than
what it would receive if the roof system was not in place. If it is the Council's inclination, at this point,
that a denial is the proper action, perhaps that action could be postponed until additional discussion
with staff could occur.
Mayor Schneiter withdrew his motion, and Councilmember Mastin withdrew his second.
Councilmember Mastin referenced Item No. 5 in the Summit Engineering letter, and inquired
whether the indicated 11,600 gallons of rainfall to be captured by the pads was a figure that staff
agreed with.
Mr. Barnes replied he thought the figure to be fairly accurate based on the information given.
Insurge is not a problem, because the brewery is only allowed to discharge 55,000 gallons. Staff has
a problem with granting the exception to the ordinance. Mr. Phillips is correct relative to the influx;
the problem is that it is rainwater.
Councilmember Mastin asked if Item 1 in the Summit Engineering letter relative to covering
treatment basins was accurate.
Mr. Barnes replied, in his opinion, it was not accurate. He would imagine any type of covering would
be practical. Staff has never taken the position that a hard covering was necessary; a removable
or tarp covering would be acceptable.
It was the consensus of the Council to bring the item back at a future meeting, together with staff's
recommendations for alternative covers for the basins.
MIS SchneiterlMastin to take no action on Item 10e, the request for a waiver by Mendocino Brewing
Company, carried by an all AYE voice vote of the Councilmembers present.
10f. Award of Contract to Cold Creek Compost For The Removal of Wood Waste and Yar~'
Waste From the Ukiah Landfill, in the Amount of $3.25 Per Cubic Yard
Councilmember Malone advised he recommended the item be pulled from the Consent Calendar
because he had concerns with the proposal after discussions with community members.
Public Works Director/City Engineer Kennedy stated he was somewhat uncomfortable with staff's
recommendation, and in his opinion, Council does not have to seek proposals or send out an
invitation for bids for woodwaste and yardwaste if, at Council's discretion, it is determined that the
current provider is performing satisfactorily, Council can extend the contract. Cold Creek Compost
is being litigated, and the courts required them to perform an Environmental Impact Report (EIR),
which they are currently doing for their proposed expansion. The City's wood waste and yard waste
landfill materials may be a part of this expansion. Cold Creek has offered an attractive rate, less
than what the current contractor is charging, which would result in a seven-month total savings of
$5,200; however, there is no guarantee the same rate would prevail upon renewal of the contract.
;
He further stated he was extremely pleased with the performance Reuser, Inc. has provided the City
for over two years. His concern is that if, for any reason, any contractor does not perform and the
wood waste and yard waste pile exceeds a certain dimension, the City will be in violation of its state
permit. The only alternative would be to landfill the waste, at additional expense to the City. At most,
the landfill will only be in existence for three more years. It is his opinion that the City has a good
provider of these services, and he would like to continue with the company for the remaining period
until the landfill closes.
Regular Meeting - November 20, 1996
Page 8
25
Mayor Schneiter confirmed that in the past there has only been one application received for the
provision of those services, and inquired regarding the Iow bidder being able to perform.
City Attorney Rapport stated that the Public Works Director is relying on Section 44E.3 of the City
Code conceming recycling. That section authorizes the City, with or without having invited bids, to
enter into an exclusive contract or contracts with any responsible individual, whether or not said
entity is operated for profit, for the collection of some or all recyclable materials within the City. The
Public Works Director is treating this service that picks up recycled material at the landfill and takes
it to his place of business, as a contract for the collection of some recyclable materials from within
the City.
Mr. Rapport further stated he was uncertain whether a contract to go to the landfill, which is not
within the City, to pick up materials which have been stockpiled there for transport somewhere else,
is a contract for recycling materials within the City. If it is, then this Section would not require the City
to solicit formal bids or even award to the lowest bidder. If it is not, then it is probably in the
category of a public works contract, and subject to the City's public bidding requirements.
Mayor Schneiter asked if the Council were to award the contract to other than the Iow bidder and
it were challenged, what defense action would the City take.
Mr. Rapport replied it was a matter of interpretation, and the City Council is responsible for
interpreting City ordinances. The courts defer if the interpretation is reasonable and consistent. This
ordinance is capable of being interpreted in more than one way.
Assistant City Manager Harris asked if findings should be made if Council did award to other than
the lowest bid.
Mr. Rapport replied if Council could make a finding that the lowest bidder is not responsible, that
moots the issue of interpretation.
Mr. Harris asked if "not responsible" would include potential risk, such as not knowing if the EIR
would be certified or whether the same price for service would be quoted in the future.
Mr. Rapport replied 'those items might be taken into consideration; however, he personally was not
familiar enough with the contents of the judgment and what Cold Creek is allowed or not allowed to
do and what it may or may not be allowed to do in the future depending on the outcome of the EIR
that is being prepared.
Councilmember Mastin stated he had also spoken with Bruce Reuser and Mr. Kennedy, and his
concern relates to the EIR that is being prepared as well as the potential litigation around that issue.
Mayor Schneiter invited public comments at this time.
Bruce Reuser, Reuser, Inc., gave a history of his CIoverdale company, and stated the City had
approached him to help them develop a cost effective program to deal with AB 939 after several
locally based contractors had failed. Several programs were attempted that seemed to be more
cost effective; however, there were some problems at the landfill and dealing with the public, and
that off-site processing seemed the best alternative. He further stated they were not a composting
company, and that they process the waste through machinery so that it leaves his facility ready to
go to market. This program represents 1.5 per cent of their gross, so it is not a big percentage of
what they do, but it is very important to them because of the effort they put forth into making the
programs work and developing the different markets for the area. Part of their ability to provide price
is what they can get in the market. If the market is stable, their price would remain stable. Reuser
uses modern, quiet equipment and have had no complaints from neighbors. They also use high
capacity trucks, which helps to make fewer trips in and out of the landfill.
Mary Goodwin, Box 321, Calpella, commented on the Cold Creek litigation issue and urged the
Council not to take action until the outcome of the litigation is known.
MIS MastinlMalone to award the contract to Reuser, Inc. for the removal of wood waste and yard
waste from the Ukiah landfill, with the findings that Council believes this is a recycling contract within
the terms of Section 44E.3 of the City Code, and that Council is concerned about the long-term
relationship with the Cold Creek site because of the pending litigation and the possibility that the City
could be adversely affected in some way by the outcome of that litigation, carried by the following
roll call vote: AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None.
ABSTAIN: None. ABSENT: Councilmembers Wattenburgerand Shoemaker.
Regular Meeting - November 20, 1996
Page 9
26
14. ADJOURNMENT
MIS SchneiterlMastin to adjourn the regular meeting of November 20, 1996, carried by an all AYE
voice vote of the Councilmembers present.
There being no further business, the me~..~.ing~rned at 8:04 p.m.
Marg/e~Giuntdli, City Clerk
b:cc\cc112096.min
Regular Meeting - November 20, 1996
Page 10