MINUTES OF
SPECIAL MEETING
October 25, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:00 P.M. and conducted the pledge of allegiance.
ROLL CALL
Council Members: Bonta – Brazil – Ford – Alexander – Mayor Nagy Staff present: Interim City Manager Brad Kilger, Administrative Services Director Melanie Correa, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino and City Attorney Josh Nelson (virtual)
PUBLIC COMMENT
There was no public comment.
ADMINISTRATIVE AGENDA
1. DISCUSSION AND DIRECTION: Implementation of SB1383 Waiver
1. Receive staff report and presentation
2. Receive public comment
3. Conduct discussion and provide staff with direction
Interim City Manager Kilger presented the staff report.
Joseph Kalpakoff, President and CEO, Mid-Valley Disposal, presented background on the transition period, provided information on their attendance at events within the City and provided a brief overview of SB 1383 legislation.
Council member Ford inquired on the difference between tier one and tier two edible food generators, to which Mr. Kalpakoff explained tier one generators are the larger square foot facilities, such as a grocery store.
Council member Ford inquired examples of tier one and tier two generators in the City, to which Jennifer Halpin, Halpin Recycling and consultant to the City, advised that Dollar General qualifies as a tier one generator and City school cafeterias would be classified as tier two.
Council member Ford inquired if schools are exempted from the edible food recovery portions of the law through the waiver, to which Ms. Halpin advised that the schools are not exempt.
Council member Ford also inquired if the City is required to monitor the school’s compliance, to which Interim City Manager Kilger answered his belief is that the City is not required to monitor the school district, but staff will check.
Council member Brazil requested information on liability surrounding recovered edible food, to which Ms. Halpin explained the “good samaritan clause” within the law that explains the liability is not on food provider.
Council member Ford inquired on the process for unused and unopened food within cafeterias, to which Ms. Halpin advised it would be at the discretion of the school.
Mr. Kalpakoff advised each government entity is responsible for their own recovery reporting. He provided information on AB341 and AB1826, and spoke how the bills are separate of SB1383. He advised waivers are available for commercial customers who generate less than two cubic feet of waste weekly.
Interim City Manager Kilger advised staff could provide detail on Gustine’s middle-tier businesses at a later date. Mr. Kilger also informed Council that Mid-Valley Disposal has offered to revisit commercial businesses when requested to re-assess bin use and demand.
Council member Ford inquired who determines the two cubic yard of waste or less requirement, to which Mr. Kalpakoff advised it is measured on disposal qualities of the resident/commercial business.
Council member Bonta reiterated that the waiver is for a five-year term, and it is uncertain how future legislature would affect the waiver.
Josh Nelson, City Attorney, provided legal perspective on SB1383. He provided additional information on allowances under the waiver. He advised small commercial customers are covered by the waiver, mid-customers may qualify under “right sizing” assessments, and large customers are not included within the waiver. He also advised that if the City wants to modify or change standards then an ordinance amendment would be required. Mr. Nelson further advised the grant received from CalRecycle might be at risk if any changes are adopted.
Interim City Manager Kilger advised the City will work on amending ordinance penalty clauses under the waiver.
Joe Heisdorf, CFO, Mid-Valley Disposal, provided information on the Notice to Comply filed by the City with the State. He also advised with waiver approval, policing and enforcing fines is waived.
Council member Bonta inquired on financial implications of changing the 3-cart system, to which Mr. Heisdorf advised of the potential expenditures that might occur if the City choose to revise or reduce service levels.
Interim City Manager Kilger advised cost is not impacted directly with removing one cart. He asked City Council to initially focus on the policy aspects of the waiver.
Mayor Nagy inquired why customer bills state “3 90-gallon cans”, to which Mr. Heisdorf advised this would be a City billing question.
Mayor Nagy inquired on emission efficiency related to the amount of Mid Valley trucks being used and the number of passes required to collect each can, to which Mr.
Heisdorf provided information on route design and reduced emissions. He advised there are two trucks currently servicing Gustine and that each do one pass for the organics and recycling respectively, with both trucks making a second pass for the garbage.
Mayor Nagy inquired on seasonal usage fluctuations, and reduced rates to assist customers, to which Mr. Heisdorf advised of the many moving parts associated with the possibility of a “seasonal” reduced rate, including negligible cost savings.
Council member Bonta inquired on a facility that meets or exceed organic waste content recovery requirements, to which Mr. Heisdorf advised Mid-Valley Disposal does not have a facility within those standards and advised there are none in the State.
Council member Brazil inquired on the population listed on the waiver application, to which Ms. Halpin advised the City used the population estimate from the Department of Finance, as it is updated annually.
PUBLIC COMMENT
Craig Christenson, 657 West Avenue, expressed concern about lack of garbage policing. He provided his opinion disagreeing with Mid-Valley Disposal relating to negligible savings with removing one can from the current 3-cart system. He advised Mid-Valley Disposal should have known Gustine would qualify for waiver.
Mayor Nagy addressed that the waiver was officially denied.
Interim City Manager Kilger advised the city’s filing of the Notice of Intent gave MidValley Disposal and Gilton information that Gustine was going to comply with the law as stated.
Mr. Christenson inquired whether after “right-sizing” unnecessarily large bills for commercial customers would be retroactively prorated. He inquired if residents can elect to get larger cans.
Mr. Kalpakoff advised the cost difference between a 96-gallon and 64-gallon carts is $4.
Rick Nagle, 404 Jensen Road, stated he is in favor of the 3-cart system. However, on behalf of his business, Independent Order of Odd Fellows, 3-bins per tenant equals a total of 15 bins, which is overdone. He expressed concern over discrepancy between billing, individual customer needs, and actual cans.
Sherri Marsigli, 820 North Avenue, inquired on whether her business qualified as edible food generator, to which Mr. Heisdorf advised her business does not qualify.
Sherri Marsigli commented without the governing component, costs for truck drivers should present a cost savings to residents. She also advised community members should be educated on self-hauling component of the law.
Keith Collins, 76 Linden Avenue, observed that the grey can is mostly being utilized among community members.
COUNCIL DISCUSSION
Council member Brazil inquired on the tenant scenario presented by Mr. Nagle in public comment, to which Ms. Halpin advised that if a subscriber has water service they are required to have garbage service. She also advised that under a communal landlord, the bins subscription is based on lot size per the ordinance and State mandate.
Council member Brazil inquired on the status of street sweeping, to which Interim City Manage Kilger advised this item will be on the next agenda for Council’s direction.
Council member Brazil inquired why the City doesn’t bill commercial, to which Mr.
Heisdorf advised that going through Mid-Valley Disposal directly for commercial billing speeds up the response time because there are a lot of moving parts with commercial accounts. He also advised the franchise fee for commercial accounts is reported to City Hall every month, and deducted from the remittance for residential service.
Mayor Nagy advised Council would like to proceed with the 3-cart system and recycling. He also advised they would like to enhance the education program for residents and businesses prior to the enforcement of policing and fines.
Ms. Halpin offered to work with staff to educate the residents and businesses. She offered additional options to advertise the Regional Waste Authority’s guide. She provided information in regards to public comments.
Interim City Manager Kilger inquired if an ordinance needs to be brought to Council for revision, to which Mr. Nelson affirmed and advised an ordinance will need to be done to modify the enforcement and commercial provisions under the waiver.
Council member Ford suggested the ordinance state a clearer definition of self-haul.
Mr. Nelson advised this topic would need to be discussed with Mid-Valley Disposal.
Council direction: 1) Retain the current commercial and residential 3-cart system for solid waste collection, recyclable materials collection, transportation, and organic materials processing and recycling; 2) implement a more proactive education program for residents and businesses; and 3) return to Council with a revised solid waste ordinance to be consistent with Council direction and the SB 1383 waiver, including reduced reporting, enforcement and penalty requirements.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. PUBLIC EMPLOYEE APPOINTMENT. Position: City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government Section 54957.6 Agency Negotiator: City Attorney: Unrepresented Employee: City Manager Upon returning to open session, it was reported that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:06 P.M.