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HomeMy WebLinkAboutMin 12-17-97178 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - December 17, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:31 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Chavez, Kelly, Mastin, and Mayor Malone. Councilmember Ashiku arrived at 6:33 p.m. Absent: None. Staff present: Public Utilities Director Bames, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Hards, City Manager Horsley, Deputy Public Works Director Seanor, Senior Planner Stump, and City Clerk Henderson. 2. Pledge of Allegiance Mayor Malone led the Pledge of Allegiance. 3. Approval/Correction of Minutes 3a. Regular Meeting of - December 3, 1997 MIS Mastin/Chavez to approve the Minutes of the Regular Meeting of December 3, 1997, with an amendment to page 4, item 9a, as follows: "Martin Van Zandt, Representative of Caltrans, in reply to questioning, noted Caltrans does not spray herbicides in the Willits city limits or along the Highway 101 corridor in Mendocino County." The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: Councilmember Ashiku. ABSENT: None. 4. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 5. CONSENT CALENDAR Mayor Malone noted there was no item 5i included in the Consent Calendar. Mayor Malone asked that item 5e, Approval of Lease Renewal with Rusty Bowl BMX Track, be taken off the Consent Calendar. Item 5e was heard as item 8b. MIS Kelly/Mastin to approve the Consent Calendar as follows: a. b. d. g, j. Denied Claim for Damages received from Richard McCormick, Sr. and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; Approved Disbursements for the month of November 1997; Received notification relative to the execution of a Rental Agreement for a Stand-By Generator at the Lake Mendocino Hydro Plant; Approved letter to Caltrans requesting discontinuance of herbicide use within the city limits; Adopted Ordinance No. 997, Amending the City of Ukiah Zoning Map for the City of Ukiah, California; Received notification regarding purchase of Liquid Polymer; Adopted Resolution No. 98-19, Eliminating On-Street Parking Spaces and Establishing a No Parking Zone/Bus Loading Zone on South State Street North of the Frontage of Ukiah Valley Lumber; Rejected bids for 175KW Generator at the Hydro Plant; and Approved Budget Amendment in the amount of $2,800 for payment of Appraisal Services for the Ukiah Animal Shelter. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Richard McCormick, Sr. inquired as to the status of his Claim for Damages. Mayor Malone explained the Council had approved staff's recommendation as noted in Consent Calendar item 5a. City Manager Horsley invited Mr. McCormick to call her in the morning regarding the matter. Regular Meeting - December 17, 1997 Page 1 179 . UNFINISHED BUSINESS Consideration of Proposal as Submitted by Waste Solutions Group to Provide Rail Transfer for Solid Waste City Manager Horsley noted a proposal from BLT Enterprises, as well as a Memorandum from Public Utilities Director Barnes, had been distributed to the Council. She also noted the proposal from Waste SoIL~tions Group arrived late Friday, not allowing for written staff analysis. If the Council is interested in reviewing any of theSe late proposals, or accepting any proposal other than from Solid Waste Systems, the City must do so by issuing a Request for Proposal (RFP) for this project. It would take three to four months to complete such a process. She advised the land at the Sewage Treatment Plant is not available for use as a transfer station as it is needed for current daily use and future expansion of the Sewage Treatment Plant. She stated her recommendation to accept the Solid Wastes Systems proposal, as it is the best price possible. City Attorney Rapport arrived at the meeting. City Attorney Rapport, in response to questioning regarding the use of the Sewage Treatment Plant property for a solid waste transfer facility, noted his concern with negotiating with any company other than Solid Wastes Systems. What is being proposed by the other two companies sets up a competitive process, whereas an agreement with Solid Wastes Systems is considered an amendment to the current franchise. There are many issues to consider if the negotiations were opened to other companies by an RFP process. Discussion took place regarding the process the Council has gone through in the negotiations with Solid Wastes Systems, as well as regarding the information provided by Waste Solutions group and BLT Enterprises. Councilmember Ashiku moved not to send out requests for proposals and not to consider any other proposals at this time. The motion died for lack of a second. Mayor Malone opened the meeting to public comments on item 7a or item 7b. Penny Matthis, manager of the mobile home park at 700 E. Gobbi Street, spoke on behalf of the senior citizens in her park; she asked the Council to approve the least expensive proposal, so the rates would not have to be raised. Robert Reich, mobile home park manager, urged the Council to vote for the proposal that would result in the lowest rates for the customers. Pat McAIlister, 73 Malaga Court, urged the Council to accept the Solid Wastes Systems proposal. William Smith spoke to the need to keep the rates as Iow as possible. Jack Tremain, Operations Manager for Northwestern Pacific Railroad, noted creative solutions need to be forthcoming to keep the railroad operable. He offered to transport garbage from the transfer station out of the area by rail at a rate which would only cover costs. Dave Nelson, Hazel Avenue, Board Member of the Northern California Railroad Authority, urged the Council to lead the rest of Mendocino County by using the railroad to transport the garbage and free the highways of garbage hauling. Richard Seizer, 1500 Meadow Drive, Representing the Mendocino County Employers Council (MCEC), noted the MCEC views the rail haul option as a subsidy for the railroad and asked the Council to choose the least expensive option possible to transport the waste to a landfill out of the area. Judy Pruden, 304 S. Hortense, had concerns regarding the figures put forth in the packet and noted it was necessary to carefully look at the costs of this project. Jim Salyers, Solid Wastes Systems, noted he would like to present his proposal. John Warren, accountant for Solid Wastes Systems, in response to a question from Council, noted the cost of hauling garbage out of the area by train, rather than by truck, would be an additional $.75 per month per 30 gallon can, but this cost would be lower than what is now being paid by ratepayers. Regular Meeting - December 17, 1997 Page 2 180 Anne Crowder, 5030 North View, spoke to the importance of recycling and of having a recycling facility as part of any transfer station. She also urged transportation of the garbage by rail. Richard Howland, 230 Bourbon Lane, noted the Council should be fiscally conservative and choose the least expensive option. Robert Dorsey, business owner, urged 'the proposal which would provide the lowest rate to the ratepayers. John Pinches, Mendocino County Third District Supervisor, noted the benefits to the ratepayers as this process has become more competitive. He urged the Council to strive for the most economical proposal, which is the truck hauling option, but also recommended including the construction of the rail siding at this time. Shawn Guttersen, BLT Enterprises, mentioned his company has given the Council two proposals, one as the Mendocino Solid Waste Management Authority (MSWMA) project for North State Street and the other presented to the City this morning, which would be located on a site mutually selected by the City and BLT Enterprises. The rates in his proposal include the cost of the land for the transfer site. Eric Larsen, 123 Clara, questioned the fee per pound for hauling. Paul Cayler, Director, Solid Waste Division, County of Mendocino, noted the time for developing a transfer station is short, as the Ukiah landfill is scheduled to close in the summer of 1999. He urged the Council to accept the proposal which presented the lowest responsible cost, while retaining flexibility in construction. Michael McCartney, QLM Consulting, also noted time is short. He felt his company's truck and rail haul rates were competitive. Pat McAIlister noted the use of the MSWMA site on North State Street for a transfer station is being challenged legally. Judy Pruden noted information on the BLT proposal was not made available to the public. Mayor Malone noted the BLT proposal was not on the agenda, only items 7a and 7b are being considered. David Gavrich, President of Waste Solutions Group, outlined his company's proposal. He urged the City to make a commitment to rail haul. He noted there may be some flexibility in the price of using the Potrero Hill landfill site over the life of a 20-year contract. He provided written information to the Council, entitled Proposal to Provide Long-Term Rail Transfer, Transport & Disposal to the City of Ukiah. Anne Crowder urged the Council to choose an option with a recycling facility on the same site as the transfer station. Mayor Malone closed the public input portions on these items and asked that the discussion be returned to the Council. Public Utilities Director Barnes, in response to questioning, noted the Sewage Treatment Plant land proposed by Waste Solutions Group to be used for a transfer station site is currently in use as a sludge pond and is also needed for future expansion of the facility. It is not in the best interest of the City's sewer customers to change the usage of this land. MIS Ashiku/Malone to deny the Waste Solutions Group proposal. Discussion ensued regarding the proposal. The motion carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. RECESSED: 8:34 p.m. RECONVENED: 8:44 p.m. 7b. Consideration of Proposal from Solid Wastes Systems for a Transfer Station on Taylor Drive City Manager Horsley noted the Solid Wastes Systems's proposal was for the operation and maintenance of a garbage transfer facility located at their Taylor Drive property. The proposal Regular Meeting - December 17, 1997 Page 3 181 includes a rail haul option, a truck haul option, and a third option for truck haul which would include a rail spur and extra bay with construction of the facility to accommodate rail transport when feasible. City staff met with representatives of Solid Wastes Systems and a Council subcommittee consisting of Councilmembers Kelly and Mastin, to finalize this proposal. She recommends obtaining permits for both truck and rail transportation of the solid waste, in the initial permit phase. Jim Salyers noted, of the three options being presented, all three will provide full service on the Taylor Drive site. He mentioned the urgency of proceeding soon. If the Council chooses the rail haul option, he intends to have Waste Solutions Group as a subcontractor to provide the hauling of the garbage. David Gavrich agreed his company could make that a possibility. City Attorney Rapport reminded the Council this was not the forum in which to make such decisions. He recommended the Council choose one of the three proposals and have staff bring back a final contract for Council approval. Discussion took place regarding the various options available. City Manager Horsley urged the Council to approve one of the options conceptually and to have her work out the details of the contract, before returning the final contract to the Council for approval. City Manager Rapport agreed that was the manner in which to proceed. Councilmember Ashiku emphasized he could not suppod an exclusive rail option and urged the Council to proceed with the truck haul option with the addition of a rail spur if they ~o desired. Mayor Malone addressed the advantages of suppoding the rail option. Councilmember Kelly noted the funds spent on garbage transportation are working for the public twice, if they are applied to suppoding the public railway. She urged a show of confidence by suppoding the rail haul option now. MIS Mastin/Malone to authorize the City Manager to negotiate a written contract with Solid Wastes Systems, Inc. for the construction and operation of a solid waste transfer facility at Taylor Drive to be configured to accommodate both truck and rail service and to begin operation by hauling the garbage out of the area by rail. The Council discussed the proposals further. The motion carded by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and Mayor Malone. NOES: Councilmembers Chavez and Ashiku. ABSTAIN: None. ABSENT: None. 7c. Settlement Agreements Regarding Invest Financial Corp., et al. This matter was discussed in Closed Session, see action reported below under Closed Session, item 1 la. 8. NEW BUSINESS 8a. Consideration of Cancellation of Council Meeting of January 7, 199~ MIS Mastin/Malone to cancel the regular Council Meeting of January 7, 1998, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8b. Approval of Lease Renewal with Rusty Bowl BMX Track This item was removed from the Consent Calendar by Mayor Malone. He asked for a presentation from the lessees regarding their BMX program. MIS Malone/Mastin to agendize this matter for a brief presentation at the next Council meeting. The motion carried by a voice vote of all AYES. ABSENT: None. Regular Meeting - December 17, 1997 Page 4 182 9. CITY COUNCIL REPORTS Councilmember Chavez repoded she attended a meeting of the Main Street Program Board of Directors. That group will follow up on its request for continued support from the City. Councilmember Ashiku will be attending an electric strategy planning session in February with Public Utilities Director Barnes. Planning 'Commissioner Chiles introduced him to the Web Page of the City of Gait. Also, he will be attending a meeting of the Air Quality District. Councilmember Kelly passed out a pamphlet describing the upcoming exhibit at the Grace Hudson Museum, Artists of the American West. She attended a Mendocino County Air Quality Management District Meeting and noted the District's Requests for Proposals for an Air Quality Plan satisfy the Council's concerns regarding California Environmental Quality Act requirements. She attended the Mendocino Council of Governments (MCOG) workshop on Senate Bill 45. She asked the Council for its support in urging MCOG to consider use of transportation funds on other projects in addition to highway improvements projects. City Attorney Rapport warned the Council any collective decision on its part would need to be agendized or, if appropriate, the item could be added to this agenda as an emergency measure, with a four-fifths majority vote necessary for passage. MIS Malone/Kelly to consider the matter of urging MCOG to consider using the local portion of state transpodation funds on various modes of transpodation, not just on highway related improvements. The motion was made on the finding that the issue was presented at the MCOG workshop of December 15, 1997, after the agenda for this meeting was closed; additionally, the matter needs to be addressed before the next Council meeting on January 21, 1998. The motion failed on the following roll call vote: AYES: Councilmembers Chavez, Kelly, and Mayor Malone. NOES: Councilmembers Ashiku and Mastin. ABSTAIN: None. ABSENT: None. Councilmember Kelly will approach the issue with MCOG on her own authority. Councilmember Mastin noted he attended both the Police Department Christmas Dinner and the City of Ukiah Employees' Christmas Party. He also attended a town hall meeting regarding plans for the transportation hub at the Train Station as well as a Mendocino Transit Authority Board meeting. He would like the matter of a solid waste disposal surcharge for non-Ukiah residents included on the next Council agenda. Mayor Malone attended a Mendocino Inland Power and Water meeting and the MCOG workshop on SB 45. 10. CITY MANAGEPJDIRECTOR REPORTS City Manager Horsley mentioned she sent the Council a preliminary draft of the plans for the City's new Web Site and requested comments from the Council regarding it by Monday, December 22, 1997. A prototype electric vehicle is available for introductory rides. She also distributed the October financial repods to the Council. 11. CLOSED SESSION 11a. G.C. Section 54956.9 -Conference with Legal Counsel Regarding Existing Litigation, City. of Ukiah v. Invest Financial Corporation, et al., San Mateo Superior Court Case No. 39841 At 10:34 p.m., the Council recessed to Closed Session, which was taken up after the Ukiah Redevelopment Agency meeting. The Council reconvened in Open Session at 10:50 p.m. MIS MastinlKelly to approve the settlement agreements with Invest Financial Corporation, Meridian Capital Markets, and Grant Bottinger, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - December 17, 1997 Page 5 183 12. ADJOURNMENT The meeting was adjourned at 10:51 p.m. - ,~ Colleen B. Henderson, City Clerk Regular Meeting - December 17, 1997 Page 6