Loading...
HomeMy WebLinkAboutMin 12-06-89380 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - DECEMBER 6, 1989 The City Council convened in a special Study Session meeting at 4:00 p.m. in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Shoemaker, Hickey, and Mayor Henderson. Councilmembers Wattenburger and Schneiter were absent. Staff present was Director of Public Works/City Engineer Pedroncelli, Deputy Director of Public Works Goforth, Assistant to the City Manager Horsley, City Attorney Rapport, and Recording Secretary Kinch. UNFINISHED BUSINESS 2a. Study Session - Solid Waste Mayor Henderson introduced the Study Session regarding Solid Waste. Director of Public Works/City Engineer Pedroncelli explained in detail Assembly Bill 939 - Sher Bill. In summary, the bill overhauls the waste management policy making structure at the State level; requires the establishment of a local task force, and an integrated waste management planning process; requires the achievement of 25% reduction in the waste stream to landfills by 1995, and 50% reduction by the year 2000; requires Counties to prepare a County Siting plan; and imposes a new and additional State fee on solid waste sites in the amount of $0.50 per ton commencing January 1990 (due April 25, 1990) increased to $1.00 per ton by July 1, 1991. Mayor Henderson determined that the task force will be Countywide. City Attorney Rapport stated the membership of the task force has to be determined by both the Board of Supervisors and the majority of the Cities within the County. Discussion followed concerning the responsibilities of the task force which has to be convened by March 1, 1990. The task force describes the duties for all entities involved and may possibly hire one consultant to develop plans for all the Cities. The consultant would work with all the issues and differences with all the Cities. The City has a legal obligation under this law to come up with a plan by July 1, 1991, which would cover waste characterization, source reduction, recycling, composting, an element giving the capacity of the solid waste facility, an educational and public informational component, a funding component, a special waste component, and a household hazardous component. City Manager Watson entered the Council Chambers at 4:15 p.m. Councilman Shoemaker determined that the local enforcement agency under Section 43200, of Assembly Bill 939 would be County. Councilman Schneiter entered the Council Chambers at 4:25 p.m. Councilman Shoemaker determined that the requirements of Section 43501 will be done before January 31, 1990. Director of Public Works/City Engineer Pedroncelli reported that the initial closure fund has been made of $800,000 over a 10 year period, or $80,000 a year. The adopted 89/90 Augmentation Budget does not include these costs. He added that Staff is working with consultants to put together the numerous components of the task force. City Manager Watson left the Council Chambers at 4:26 P.M. Discussion followed concerning the increase of fees at the landfill. City Attorney Rapport advised that the most important issue would be the specific deadlines. Study Session December 6, 1989 Page 1 381 Assistant to the City Manager Horsley mentioned two components of the Sher Bill are the composting and recycling issues that Council has already discussed and have started putting together. One of the questions asked was regarding the 25% reduction in the waste stream. Anything we do up to that point can be credited toward the 25% reduction. We have already started with the curbside recycling and composting. The deadline for Request for Proposals for the curbside recycling was Friday, December 1, 1989. Three Requests For Proposals were received, one from Empire Waste Management; South Lake Recycling; and Ukiah Solid Waste, Inc. At this time a committee is reviewing the three proposals. A point factor will be given to each of the proposals such as: services divided, promotion, education, media and past experience. Once the proposals have been reviewed, the Council will be provided with a point factor method of how each proposal was analyzed. Depending on the Council's interest and what kind of services are most important, a decision will be made after the Council has been presented with the point factors. City Manager Watson advised that the Request For Proposals indicated that the City Council would select a particular company and then negotiate a contract with that company. Assistant to the City Manager Horsley stated she has been working on starting composting drop areas for private citizens and landscapers. She is currently working on an agreement to jointly open two sites. In the City of Ukiah Newsletter there will be a paragraph, "the City is working with private enterprises in the Ukiah area to provide an easy, convenient way to prevent compostible materials from entering our landfill. By diverting lawn clippings, shrubs, and tree trimmings and other garden products in the waste stream you will help extend the life of our landfill and aide in the recycling of our natural resources. Keep an eye out for more details at the first of the year. Take pride in Ukiah and recycle." She added that once the recycling is started, a logo and motto will be created. City Attorney Rapport stated a revised initiative ordinance was filed on December 5, 1989. As a result it failed to adequately use the term county licensed garbage hauler who is properly authorized to collect garbage on his route, which was not stated in the original initiative which could have excluded our contractor. It obligates the City to recycle at its landfill any material which is feasibly recyclable. In order to determine if it is cheaper to recycle than to dispose of at the landfill. If the item is recyclable, it is illegal under the initiative to dispose of that recyclable material at the landfill. Anyone attempting to dispose of the recyclable material at the landfill as ordinary garbage would be subject to infraction punishable by a fine. Garbage haulers are expected for the first year to comply with the rule. If there is curbside recycling within the garbage haulers service area, inside or outside the City, the garbage haulers are not prohibited from disposing of recyclables at the landfill, provided the curbside recycling program meets certain standards and the primary standards is that there be a weekly pickup; containers be distributed to every household on the route; and if a voluntary program, anyone who is not recycling voluntarily pays 50% premium on the garbage rate. Garbage haulers are required to monitor the customers to make sure the customers who sign up to recycle do indeed recycle. It is not clear if this means they are actually monitoring recyclables put out on a weekly basis, or if they have to sort through the regular garbage to make sure there are no recyclables. City Attorney Rapport also stated solid waste from County transfer stations could not be dumped at the City landfill unless the County provided mandatory recycling at the transfer stations. He further stated the process to file the initiative with the City Clerk, is first the City Attorney prepares a Title and Summary, a petition is then circulated, if the requisite amount of signatures is presented to the City Council, City Council has the option of adopting the initiative as written or placing it on the ballot. The deadline for the June election would be March. The next election would be November with the deadline being in August unless a special election is called. Mayor Henderson questioned whether in the event the initiative went to the ballot and was defeated, could the City Council adopt a form of mandatory recycling at the landfill. If the City Council adopts a form of mandatory recycling before the initiative is passed, and the initiative is passed, would Study Session December 6, 1989 Page 2 382 this supersede anything the Council does? The City Attorney determined that should the City Council wait and the initiative is defeated at the pools, the City Council would not be prevented from enacting any ordinance it may chose. Councilmember Shoemaker determined the haulers outside the City limits are also required to collect a 50% fee and monitor the program. The City Manager issues a Certificate of Compliance to out of City garbage haulers which is based on a statement by the garbage haulers, to be signed under penalty of perjury, stating that he is in compliance. Any additional investigation to verify the compliance of the garbage haulers is done by the City Manager. The City can establish regulations for use of the City landfill for outside garbage haulers. Discussion followed concerning the containers that would be used. Assistant to the City Manager Horsley stated the Sher Bill will bring the County and City together on recycling because of the different issues and requirements. The County will eventually have a landfill for the City of Ukiah citizens to use and they will have to address the same issues on recycling. The City now has the recycling task force, the new board will be put together in the County by different citizens, and if the County and City could work together on these issues the recycling will last a long time. Supervisor deVall encouraged Council to pass the recycling ordinance. It is his understanding the City Council will have the opportunity to amend issues on recycling. Mr. deVall stated the Board of Supervisors approved $50,000 to spend on a three-dimensional recycling program to be included in a benefit assessment to be levied on all unincorporated residence, citizens and businesses in Mendocino. Mendocino County will reach a total of $450,000 plus or minus to meet the requirements of the monitoring and testing that Mr. Pedroncelli had addressed earlier along with a plan for the new site. The County's future dump will service incorporated areas as well as unincorporated areas. One of the requirements included in the benefit assessment package is a $1,000 fine for littering, dumping illegally, and a $500 reward leading to the conviction of the person or persons. City Manager Watson entered the Council Chambers at 5:00 p.m. Councilmember Shoemaker questioned whether time has been allowed for the initiative after the Summary and Title. City Attorney Rapport advised that once there is the Summary and Title, a Public Notice of Intent must be filed, there is 180 days to circulate the petition. Supervisor deVall asked that the Council set mandates to .tell the citizens outside of the Ukiah area to recycle. If this language is put into the Ordinance, set by regulations and established by Resolution, that your staff will know how to take random samples and to make sure the recycling is done. Also, mandate at the container station that recycling be done upon entering the gate. Councilmember Shoemaker directed Staff to return to the City Council with a workable Ordinance for a mandatory program within 30 days prior to the deadline to qualify for the election. City Attorney Rapport stated to develop an Ordinance they will want to compose an outline, send copies to the people involved, input from solid waste companies to find if there are any technical problems with the wording, the terms of operations, options for recycling, also get input from the County and anyone else involved from a technical standpoint. M/S Mayor/Shoemaker motioned Staff to return with a mandatory program for recycling within 30 days prior to the election and return an Ordinance back to the Council to take into consideration with suggestions from the initiative as presented. The motion was created by the following call vote. AYES: Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSTAIN: None. ABSENT: Wattenburger. ADJOURNMENT There being no further business, the meeting was adjourned at 5:10 p.m. Kathy Kinch, Recording Secretary Study Session December 6, 1989 Page 3