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HomeMy WebLinkAbout2007-01-08 Committee of the Whole MinutesCOMMITTEE OF THE WHOLE CALL TO ORDER /PLEDGE OF ALLEGIANCE Council President, Verna Griffin, called the meeting to order at 7:00 pm and led the audience in the Pledge of Allegiance. OFFICIALS Present were Verna Griffin, Council President, Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pam Linder, and Dennis Robertson. ATTENDANCE Steve Mullet, Mayor; Rhonda Berry, City Administrator; Jim Morrow, Public Works Director; Frank lriarte, Public Works Deputy Director; Christy O'Flaherty, Deputy City Clerk. CITIZEN COMMENT Joanne McManus, 5610 South 133rd Street, asked that the lighted glass display behind the Council Chamber dais be left on during the Council meetings. Anna Bernhard, 14241 59 Avenue South, acknowledged the Police Department for their expedience and efficiency in responding to a Christmas day incident involving an injured man. Aaron Royce, 4037 South 146th Street, is an investor pursuing property development in Tukwila. He indicated there is no provision in the zoning code for fee simple subdivisions of larger properties. He inquired as to when this issue might be forthcoming for consideration. Mayor Mullet relayed he would look into this matter. SPECIAL ISSUES TUKWILA CITY COUNCIL January 8, 2007 7:00 p.m. Council Chambers City Hall a. Solid Waste Contract with Rabanco, Ltd., dba Allied Waste of Kent The City's solid waste collection and recycling contract with Rabanco Ltd., dba Allied Waste of Kent is scheduled to expire on April 1, 2007. Rabanco submitted an unsolicited proposal to continue providing service to the City beyond April 1, 2007. The final negotiated contract provides for a 5% increase in commercial rates in 2007, an increase in drop box container service, and new programs that will improve residential, multi family, and commercial services. This issue was discussed at the December 11, 2006 Council meeting, and staff was directed to re -enter negotiations with Allied Waste to secure an acceptable contract. Jim Morrow, Public Works Director, provided a synopsis of the contract renegotiation issues as follows: Multi- family and single family residences will be excluded from the proposed 5% rate increase. The 5% rate increase will only be for commercial customers. The 5% rate increase will take effect upon contract renewal April 1, 2007. The first increase in rates, because of changes in the CPI, will take effect April 1, 2007. NOTE: The 2007 CPI increase will only apply to Residential and Multi- family customers. The average increase will amount to approximately 4 City of Tukwila Page 2 of 6 City Council Committee of the Whole Minutes January 8, 2007 New language for Paragraph 6.16 Right to Renegotiate Amendment The City or the Contractor shall retain the right to renegotiate this contract or negotiate contract amendments based upon the following conditions: 1. Policy changes, state statutory changes or rule changes in County, State or Federal regulations regarding issues that materially modify the terms and conditions of the contract; 2. Contractor submits, starting in January 2009, audited financial documentation that clearly demonstrates that operating costs for this contract exceed the allowable CPI adjustment. The City may, at its option, engage an independent third party review of the Contractor's financial documentation. The cost of the review will be borne by the Contractor. The Contractor and the City agree that in the event the City wishes to implement Mandatory /Universal Garbage Collection services throughout the City that this policy change will not result in a request from the Contractor to renegotiate the contract. This contract may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor. The Councilmembers reviewed the Solid Waste Collection contract with Allied Waste of Kent and offered the following amendments, comments, and requests for clarification. Councilmember Hernandez presented the following comments: The contract references Attachments C -3 and C -2, and they were not part of the agenda packet. Frank Iriarte, Public Works Deputy Director, stated that Attachment C -3 is the Recycling Attachment and C -2 references Temporary Service. Both attachments will be a part of the final contract document. The Table of Contents numbers do not match the contract contents. Mr. Iriarte relayed that the code enforcement service portion of the contract was inadvertently omitted. This will be corrected in the final document as well as the Table of Contents numbers. Page 17 of the contract, Section 2.1.21, bullets 1 and 2 reference dates that are missing. Mr. Iriarte indicated the date in bullet #1 would be one week prior to April 15, 2007. The date in bullet #2 would be through the week of April 15, 2007. Councilmember Carter presented the following comments: Councilmember Carter relayed that she performed a comparison utilizing her current solid waste bill by adding the increased fees for residential service listed in the new contract. She found the overage to be approximately 5.2% as opposed to 4% which has been referenced as the proposed increase for residential service. She expressed concern about this disparity and requested review of the issue. Frank Iriarte indicated he would look into the discrepancy. Page 9 of the contract, Section 2.1.5, Employee Conduct, was referenced. Ms. Carter conveyed that trashcan damage and improper relocation of receptacles has been occurring in the City for some time. It is important that the disciplinary procedures in the contract be enforced. Citizens should be encouraged to convey their service related issues to the City and the Contractor. She suggested an article be placed in the Hazelnut directing citizens on the procedures to take to relay complaints. The solid waste bills should denote event information such as Christmas tree pickup or a change in the schedule due to holidays or weather problems. The Contractor's phone messaging system and website should also relay clear, dated information regarding these events. City of Tukwila Page 3 of 6 City Council Committee of the Whole Minutes January 8. 2007 Page 14 of the contract indicates that collection crews will note damage to carts. It was asked if the drivers would be receiving training on this issue. Chris Guimond, General Manager of Allied Waste, indicated a system is in place whereby drivers convey problems, and there is a 24 -hour response time. Councilmember Carter stated her recycling bin has had obvious damage for some time, and it has not been replaced. It is imperative that the contract language match the service to the customers. It was suggested that the Contractor notify customers annually of the various services available. Councilmember Haggerton presented the following comments: The Council has the option of accepting this contract or proceeding with a competitive bid process and running the risk of the dollar amounts coming in higher. This would result in even higher rates for Tukwila citizens. It is crucial that the City insist on rigid implementation of the contract provisions. If citizens are not satisfied, they should be encouraged to convey their concerns. He has repeatedly heard from members of the community that they are unable to speak to anyone when they call Allied Waste with problems. Frank Iriarte explained the contract has a provision that the Contractor will maintain a minimum of 5 phone lines, and the calls should be answered within 25 seconds. The City has implemented protective measures by instituting fines for poor or no performance, and there are significant gains from last year's contract. Councilmember Linder presented the following comments: The proposed contract provides substantial enhancements to the citizens from the past contract period. The informational card mailed to customers by Allied Waste should be sent about a week earlier, and the appearance changed to provide better readability. Attachment B -3 of the contract has a spelling error in the last sentence denoted with an asterisk. An inquiry was made as to who will be monitoring customer service related problems. Frank Iriarte commented that he will be reviewing the customer service reports that come from the Contractor. Page 36 of the contract, Section 2.3.3.1, Monthly Reports, was referenced. Under bullet 1, it is requested the phrase "how the complaint was resolved" be added to the paragraph. Mr. Iriarte indicated the contract would be amended to add that language. Councilmember Robertson presented the following comments: It was inquired if this contract has been reviewed by the City Attorney. Frank Iriarte indicated the City Attorney has reviewed the contract with the exception of some minor changes. Page 9 of the contract was referenced regarding annexation areas. If the City annexes an area that is under contract to a hauler other than Allied Waste, how is this situation handled. Mr. Iriarte explained that the hauler is granted a franchise for a number of years under the terms and conditions of their original contract. City of Tukwila Page 4 of 6 City Council Committee of the Whole Minutes January 8, 2007 Page 15 of the contract, Section 2.1.15.3, Detachable and Drop -box Containers, was referenced. Clarification was requested as to why some receptacles were required to have wheels and some were not. Mr. Iriarte communicated that the larger units do not have wheels as they should remain stationary for safety reasons. Page 23 of the contract, Section 2.2.3.2, Containers, was referenced. Clarification regarding the third paragraph on "cart delivery" was requested. It was suggested that use of the word "rejected" was confusing and could be replaced with new and current customers." Mr. Iriarte explained that 96- gallon containers would be delivered to customers within 7 days. Page 25 of the contract, last paragraph, 3rd line, should have the word for inserted after the word "removed." Page 30 of the contract, Section 2.2.11, Service to City Facilities, was referenced. It was inquired if it is standard for municipalities to receive the services for free. Mr. Iriarte responded in the affirmative. Page 33 of the contract was referenced, numbers 4 through 8, regarding the City's Responsibilities. It was suggested that the words "review and modify where appropriate" be added in items 4 through 8. Page 34 of the contract was referenced. The sentence at the top of the page should have the words "listed below" added to the end of the sentence after "performance criteria" to better clarify customer service requirements of the Contractor. Page 35 of the contract was referenced regarding email response times. It was suggested that wording be added regarding "business hours." Councilmember Robertson expressed support for the competitive bid process. Councilmember Duffie presented the following comments: Mr. Duffie indicated support for going out for competitive bids and allowing other companies an opportunity to provide the City's solid waste services. Council President Griffin presented the following comments: The enhancements in the proposed contract provide notable benefits to the citizens. The risks associated with going out for competitive bids are not in the City's best interest at this time. Council President Griffin asked members of the audience if they wished to comment on this issue. No citizen comments were received. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Continued discussion of 2007 Legislative Issues Council President Griffin introduced this topic. At the January 2, 2007 Regular Meeting, the Council reviewed and identified top priorities for the upcoming 2007 Legislative Session which begins on January 8, 2007. A copy of the draft resolution outlining the legislative priorities has been put forward for consideration by the Council. City of Tukwila Page 5 of 6 City Council Committee of the Whole Minutes January 8. 2007 The Councilmembers discussed the proposed resolution and expressed satisfaction at the format of both the resolution and the attachments. Comments were exchanged about possible methods to shorten the list of top priorities in the future. Councilmember Robertson suggested removal of the word "immediate" from Section 1, Line 4 of the draft resolution. Council consensus existed to make this amendment. Mr. Robertson also asked for removal of the words and is hereby adopted as City policy from the first sentence of Section 1, 2, and 3 of the draft resolution. Council consensus existed to make these amendments. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Mullet reported on a shooting in the City this past weekend. It does not appear to be a random act, and additional information will be forthcoming. b. Council Councilmember Hernandez attended the Equity and Diversity Commission meeting on January 4, 2007 where Emma Mercado was elected Chairperson. Ms. Mercado provided an update on the December 12, 2006 Latino Think Tank meeting, where copies of Tukwila's Community Access Guide were distributed and well received. Councilmember Carter attended the Suburban Cities Association (SCA) caucus event on January 3, 2007. She reported that there will be various important issues coming forward this year for consideration to include Sound Transit2, Regional Transportation Improvement District (RTID) projects, and Seattle City Light Undergrounding. Councilmember Haggerton attended the American Legion event this past week at the Tukwila Community Center. He expressed appreciation to the staff at the Community Center for their assistance with American Legion events. He also indicated the members of Tukwila's American Legion Post would be willing to provide the funding for modifications to the Veteran's Memorial at the Community Center. Councilmember Linder is pleased to be chairing the Community Affairs and Parks Committee meetings this year. Councilmember Robertson reported that he had been contacted by a citizen who complimented the Public Works crews for picking up storm debris. He indicated there have been a rash of daytime burglaries in his neighborhood. He relayed there needs to be a mechanism in place to communicate with citizens when these types of issues occur in their neighborhoods. It would provide them an opportunity to alter their habits toward enhanced safety to better protect themselves. At least two juveniles were arrested in connection with the burglaries in his neighborhood. Councilmember Duffie stated he would be meeting with Robbie Burns, Community Policing Coordinator, to brainstorm ways to work with kids who have been expelled from school and are roaming the streets. Councilmember Linder commented that her neighborhood has a strong Block Watch program as well as a telephone and email tree that has been very effective. There is a low crime rate in her area. Councilmember Carter also commended the City crews for their work during the recent storms, and indicated the street sweeping effort made a great difference in the appearance of the roadways. City of Tukwila Page 6 of 6 City Council Committee of the Whole Minutes January 8. 2007 Council President Griffin attended the January 4, 2007 Equity and Diversity Commission meeting. Ms. Griffin reported that she will be working with approximately 40 -60 students at Foster High School on Thursdays. She would like to involve the students in seeking a solution to the graffiti problem in Tukwila. c. Staff Rhonda Berry, City Administrator, reported that Marja Murray, Police Administration Secretary, has taken a position with Lake Forest Park, which is much closer to her home. She has been with the city for 14 years, and the Council is welcome to attend an appreciation event for her on January 11, 2007 from 1:30 to 2:30 pm. Ms. Berry indicated that on January 18, 2007 students from Foster High School will be at the Tukwila Municipal Court for a mock trial. d. City Attorney The City Attorney was not present. e. Intergovernmental There was no report. MISCELLANEOUS Councilmember Hernandez inquired as to the basis for discontinuance of funding for Patty Worthington's ESL program. Rhonda Berry, City Administrator, explained there are other services in place that fill the need, and the program was duplicative. Ms. Berry stated the Human Services Manager would be contacted to provide additional information on the issue. ADJOURNMENT 8:57 p.m. COUNCIL PRESIDENT GRIFFIN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Verna Griffin, Council President I 7 7) r' Christy O'Flahert r, eputytity Clerk