TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Erick Lee, Public Works Director
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Request by Councilmember Montgomery and Councilmember Napolitano to Consider Waste Management’s requests for an Extraordinary Rate Increase and Modifications to the Diversion Requirements Specified in the City’s Contract at a Future Council meeting (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Body
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RECOMMENDATION:
Staff recommends that the City Council consider whether three Councilmembers want to discuss Waste Management’s requests for an extraordinary rate increase and modifications to the diversion requirements specified in the City’s contract at a future City Council meeting.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action. However, should the City Council direct staff to analyze the request, staff time and resources may be expended to accommodate the request.
BACKGROUND:
Pursuant to the Brown Act, the City Council cannot discuss items not on an agenda unless under limited circumstances. The City Council has developed a process to allow individual Councilmembers to request, with the support of another Councilmember, that items be placed on a future agenda for City Council discussion. At that future meeting, the item is identified on the agenda in full compliance with the Brown Act. Tonight’s agenda item allows an opportunity to the public to provide input and the City Council, as a body, to decide whether City resources (staff time, etc.) should be incurred to present a more comprehensive report at a third City Council meeting.
Accordingly, individual Councilmembers can initiate future agenda items by following the following three-step process:
STEP ONE:
During “Future Agenda Items,” a Councilmember may request that an item be placed on the agenda. If another Councilmember concurs with placing the item on the agenda, the item is placed on a future agenda.
STEP TWO:
The item is placed on the agenda at the section titled, “City Council Requests and Reports Including AB 1234 Reports” at the end of the agenda with this report. The City Council has the following options:
a) Receive and File the report.
b) Direct staff to perform the necessary work to prepare a more comprehensive staff report and schedule the item for a future City Council meeting.
c) Continue the item to a future date.
STEP THREE:
If City Council chooses option b) in Step Two above, the item is placed on a future City Council meeting agenda for action.
DISCUSSION:
At the request of Councilmember Montgomery and Councilmember Napolitano at the July 16, 2024, City Council meeting, staff has placed this item on the agenda. Upon City Council consensus and direction, staff will undertake efforts to research this topic, if needed, and return to the City Council at a future meeting with more information.
CONCLUSION:
Staff recommends that the City Council provide direction regarding the request by Councilmember Montgomery and Councilmember Napolitano to discuss Waste Management’s requests for an extraordinary rate increase and modifications to the diversion requirements specified in the City’s contract at a future City Council meeting.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Correspondence from Waste Management
2. Letter Dated June 26, 2024 Denying Waste Management’s Request for an Extraordinary Rate Adjustment