MINUTES OF
SPECIAL MEETING
March 21, 2022
The Council meeting was held in the Council Chambers with members of the public attending virtually with the use of an online meeting room and teleconference dial-in phone number.
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:01 P.M.
ROLL CALL
Council Members: Bonta – Brazil – Ford - Alexander – Mayor Nagy Staff present: City Manager Doug Dunford, City Attorney Joshua Nelson, City Attorney Ann Siprelle, Economic & Community Director Jami Westervelt, Finance Director Jas Birring, Public Works Manager Jesus Chavez, Recreation Manager Tiffany Vitorino, and Deputy City Clerk/Human Resources Director Melanie Correa
PRESENTATIONS
PUBLIC COMMENT
There was no public comment.
ADMINISTRATIVE AGENDA
1. Consider Authorizing City Manager to Execute Task Order for Services for Waste Water Treatment Plant Operation
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to authorize the City Manager to execute task order for Waste Water Treatment Plant Operator services
City Manager Dunford presented the staff report. There was no public comment. There was some discussion related to the salary range, and what the city budget would allow.
There was an inquiry about term and indemnification, to which City Attorney Siprelle advised that this was an addendum to an existing contract that already specified that information. There was a lengthy discussion related to how the department could keep up with its workload while employees trained at the plant, to which City Manager Dunford and Public Works Manager Chavez provided information. Public Works Manager Chavez advised of the initiative shown by two staff current members to fill wastewater operator positions after completing the certification process. Council member Brazil made a motion to authorize the City Manager to execute task order for Waste Water Treatment Plant Operator. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0 by roll call vote.
2. Consider Resolution Awarding Exclusive Franchise Agreement for Collection and Disposal of Solid Waste
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
Mayor Nagy, on behalf of the Council, advised that they would hear presentations prior to the staff report.
Tracy Norris, on behalf of Gilton Solid Waste Management, introduced attendees from the company, and presented their path to compliance plan and reiterated the services being already offered to Gustine. There was a discussion related to separating process to be in compliance with SB1383. Council member Bonta inquired about older bins in town and compost event, to which Ms. Norris provided information. Council member Ford inquired whether current clients have remained with 2-cart system, he also inquired on SB1383’s compost return requirements, whether cardboard collection bins would remain, and commercial rates. Mayor Nagy Nagy inquired additional information related to Gilton’s presented illegal dump program, materials recovery facility certification, 2- and 3-cart systems.
Joseph Kalapkoff, President and CEO with Mid-Valley Disposal, introduced attendees from the company, and presented their company background and Gustine’s proposal overview. Council member Brazil anticipated potential problems with switching over.
Council member Ford inquired who would be processing billing, to which City Manager Dunford provided information. Mayor Nagy inquired how many trucks would be necessary, to which Mr. Kalapkoff advised that the City would be 100% compliant with SB1383 by July 1st. Mayor Nagy inquired about street sweeping option, to which Mr.
Kalapkoff advised could be included. There was a discussion related to can sizes, and added value services.
There was no public comment. City Attorney Nelson provided additional context on legislature related to 2-cart and 3-cart systems. Council member Brazil reiterated Council’s condition that the Notice of Intent to Comply was adopted only If the document could be amended. City Manager Dunford and City Attorney Nelson provided information that the Notice of Intent was optional and provided the City with a safeguard from fines. City Attorney Nelson advised that the City would work with CalRecycle to amend the document if necessary. City Attorney Siprelle added that the City would claim “good faith effort” as they acted in good faith when approving the notice. The discussion returned to 2- and 3-cart systems. Council member Ford advised that purpose is to get more people to recycle. He also expressed his desire to remain loyal to vendors who have stuck with City throughout the years. Mayor Nagy advised that priority should be with what is best for citizens. Council member Ford remarked that the prices are not comparable. Council member Brazil inquired on process by which the RFP was published. He also expressed frustration with lack of perceived transparency with the RFP process, and lack of open communication related to the selection process. Council member Brazil inquired why presentations were not scheduled, to which City Manager Dunford provided information on historical practices of RFP process. Council member Ford advised that his past tenure on council allowed for presentation by bidders, he expressed his confusion with why the RFP process has changed. Council member Bonta made a motion to award the franchise agreement to Mid-Valley Disposal, LLC and to adopt the resolution. The motion was seconded by Mayor Pro Tem Alexander and carried 3-2 with Council members Brazil and Ford in opposition.
Mr. Richard Gilton angrily expressed his disagreement with the City and staff before exiting the Council Chambers. Mr. Kalapkoff thanked council, and ensured that MidValley will work to meet standards of the City.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Section 54957. TITLE: City Attorney
2. CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to Government Section 54957.6 Agency Negotiator: City Manager:
Unrepresented Employee: Deputy City Clerk/Human Resources Director
3. CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to Government Section 54957.6 Agency Negotiator: City Manager:
Unrepresented Employees: Public Works Manager
4. CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to Government Section 54957.6 Agency Negotiator: City Manager:
Unrepresented Employees: City Manager
After returning to open session, it was reported that staff received direction.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:58 P.M.