1 NOTICE AND CALL OF SPECIAL MEETING
It is hereby noticed that the City Council of the City of Colton has called a Special Meeting on November 1, 2023 at 5:00 PM. for the purpose of discussing the item(s) listed below.
The Meeting will be held in the City Council Chambers at City Hall, 650 N. La Cadena Drive, Colton, CA 92324.
CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
SPECIAL MEETING
WEDNESDAY, NOVEMBER 1, 2023 – 5:00 PM
CITY HALL, COUNCIL CHAMBERS
OPEN SESSION
5:00 P.M.
ROLL CALL
MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030)
2 AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
MAYOR AND COUNCIL DISCUSSION ITEMS
BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
(1) Discussion - Solid Waste Franchise Agreement - Discussion and Possible Direction to Staff Pertaining to the Current Solid Waste Franchise Agreement.
[Staff Person: Brian Dickinson]
ADJOURNMENT
3 I, Stephanie M. Vargas, Deputy City Clerk or my designee, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted, at least twenty four (24) hours prior to the meeting per Government Code 54956, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the Deputy City Clerk, and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to th e time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and o pinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular mem ber. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make in quiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification
4 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the mee ting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: NOVEMBER 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF PERTAINING TO THE CURRENT SOLID WASTE FRANCHISE AGREEMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
No recommended action. Receive presentation from staff comparing existing provisions of the current Solid Waste Franchise Agreement with recently proposed enhancements by CR&R in request for an extension to the contract. CR&R had presented 3 different Options.
BACKGROUND
The City’s Solid Waste, Recyclables and Organic/Green Waste is currently collected and processed by CR&R Inc. un der the existing Franchise Agreement which originated on or about May 16, 1996, with Taormina Industries.
On or about February 16, 1997, Taormina Industries was approved as a wholly owned subsidiary of Republic Services. On or before March 7, 2017, the F ranchise Agreement was assigned to CR&R Inc.
The current Franchise Agreement expires June 30, 2026.
ISSUES/ANALYSIS
During the City Council meeting of August 15, 2023, CR&R Inc. made a presentation with three options for Contract enhancements in exchang e for an extension to the existing Franchise Agreement, which expires June 30, 2026. City Council subsequently requested this be brought back for further discussion addressing issues of service. 1 Packet Pg. 5
Staff Report to the Mayor and City Council
Discussion - Solid Waste Franchise Agreement
November 1, 2023
The Options presented were as follows:
Option 1 – CR&R proposes to replace all existing 64 -gallon carts with new SB 1383 colored coded 96 -gallon carts, implement new Host Fee in 2024, new Paper Shredding services at Community Clean Ups, New In-Home Sharps program, Full SB 1383 compliance, $250,000 City Mitigation Fee, Perris Anaeorbic Digester (AD) Facility for Procurement Credit. This would be for a 5-Year contract extension to expire June 30, 2031.
Option 2 - CR&R proposes to replace all existing 64 -gallon carts with new SB 1383 colored coded 96 - gallon carts, implement new Host Fee in 2024, new Paper Shredding services at Community Clean Ups, New In-Home Sharps program, Full SB 1383 compliance, $250,000 City Mitigation Fee up front and an additional $250,000 Mitigation Fee in year six, Perris Anaeorbic Digester (AD) Facility for Procurement Credit. This would be for a 5 -year plus 5 -year option extension. To expire June 30, 2031 or with the option exercised June 30, 2036.
Option 3 - CR&R proposes to replace all existing 64 -gallon carts with new SB 1383 colored coded 96 -gallon carts, implement new Host Fee in 2024, new Paper Shredding services at Community Clean Ups, New In-Home Sharps program, Full SB 1383 compliance, $500,000 City Mitigation Fee in year one, Perris Anaeorbic Digester (AD) Facility for Procuremen t Credit and 50% of Residential CPI for 2024. This would be for a 10-year extension, to expire June 30, 2036.
During the City Council meeting of September 19, 2023, CR&R made an update presentation, with their 3 proposed options and included statistics on the number of customer calls they received and statistics for Recycling and Organics Recycling by business and multi -family customers.
Colton recently executed an MOU with San Bernardino County, Public Environmental Services Division, to conduct inspecti ons of Commercial facilities for SB 1383 Edible Food Organics compliance and provide reporting, gather information/data from Food Recovery Organizations, conduct education and outreach to commercial food generators.
Colton is in compliance with SB 1383 c ollection, reporting and education components. Staff recently conducted a random inspection of residential organics collection, and it was observed that there was organic food waste included, with very little non-organic material included.
FISCAL IMPACTS
If the City Council’s decision is to continue with the existing Franchise Agreement, the 8.7% CPI increase , or $2.82 per month for residential customers , would be passed through to customers in the rate. This represents an estimated increase of $43,818 per year in General Fund Franchise Fee revenue, based on the CPI increase and our current services.
1 Packet Pg. 6
Staff Report to the Mayor and City Council
Discussion - Solid Waste Franchise Agreement
November 1, 2023
Should the City Council elect to extend the contract based on one of the Options presented by CR&R, then customers would forgo the 8.7% CPI adjustment as provisioned in the current agreement, which would also trigger a reduction of approximately $43,818 in General Fund franchise fee revenue in the current year. In a multi -year agreement, both these items have compound impacts and should be considered for t he term of a potential contract extension.
Additionally, in the contemplation of a contract extension, City Council should consider the opportunity cost of not competitively bidding the agreement, as there may be additional qualitative and quantitative fi nancial, service, and community benefits extended through the competitive bid process afforded in the Colton Municipal Code.
ALTERNATIVES
1. Direct staff to bring forward for formal approval a contract extension with CR&R, under the provisions of one of the three options presented.
2. Provide no direction, allowing the current contract to continue, until subsequent action/direction, or until its expiration on June 30, 2026.
3. Provide alternative direction to staff.
1 Packet Pg. 7