HomeMy WebLinkAbout2022/01/11 Item 8.1 Additional Information14W fl,.. Mayor and City Council
City of Chula Vista
.4 276 Fourth Avenue
CITY Of Chula Vista, CA 91910
CHUTAVISTA (619) 691-5044
MEMORANDUM
DATE: 1/11/2022
TO: Mayor, Councilmembers
CC: City Manager, City Clerk, City Attorney
FROM: Stephen C. Padilla, Councilmember
SUBJECT: Republic Services
Dear Colleagues,
As of this evening, we are now 26 days since the strike began involving Teamsters Local Union
542. Based on overwhelming documentation — including direct communications from
constituents and the record being compiled directly by City Staff — the current circumstances
are creating a clear and ongoing impact to sanitation, public health and welfare.
Pursuant to Section 13.9 (Subsection 2) of our Franchise Agreement with Republic Services,
their notice of uncontrollable circumstance must include an estimate of the duration for which
their performance obligations will be delayed. Their notice to the City, dated December 17th,
2021, failed to provide this estimate — and seems to constitute an open-ended notice that such
circumstances could continue indefinitely. Further, it is my opinion that best efforts and
mitigations — as well as all necessary and appropriate actions — to minimize or eliminate the
cause of the delay have not been employed. This is evidenced by the fact that large amounts of
waste and refuse remain uncollected city-wide.
Therefore I respectfully request the City Council take the following actions:
1. Request the City Manager to provide immediate written notice to Republic Services of
the City's intention to exercise its Self Help rights under Section 11.2.3.
2. Such notice shall include Self Help actions such as the establishment of recyclable and
yard -waste collection sites at City locations with the support of City employees — the
expenses incurred being billed to Republic Services.
3. The written notice shall include direction to Republic Services to provide equipment and
staffing to pick up materials dropped at these sites and transport them to the landfill at
their expense.
4. The written notice will also provide that the city will pursue any and all remedies
available to it under the Franchise Agreement if city-wide collection and cleanup is not
commenced within 7 days.
5. Request the City Manager and City Attorney to prepare a potential declaration of Public
Health Emergency to give the City additional latitude to address the crisis.
6. Request the City Manager to return to the City Council in 90 days with a suggested
process and timeline for initiating a Request for Proposal, or "RFP," for the collection of
Solid Waste, and Franchised Recyclables from Residential, Commercial, and Industrial
sites within the City in anticipation of the expiration of this agreement — or sooner if
warranted.
7. Request the City Manager and City Attorney to immediately evaluate our authority under
the Franchise Agreement to direct Republic Services to immediately suspend all
collection activities on accounts of customers in Chula Vista until the situation is resolved
— and also our ability to rebate or credit customers for the weeks in which collection
activities did not occur.
Sincerely,
Steve Padilla
Councilmember
District 3