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HomeMy WebLinkAbout2022/01/14 Special Agenda PacketUNDERSTANDING THE AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items on the Consent Calendar are considered for approval at the same time by with a single vote. Before the vote, the Mayor asks if anyone is interested in removing items for discussion. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed following the vote on the remaining Consent Calendar items. PUBLIC COMMENT item provides the public with an opportunity to address the Council on any matter within the jurisdiction of the Council but not on the agenda. In compliance with the Brown Act, the Council may not take action on any matter presented that is not on the listed on the agenda. The public can comment on agenda items during the public hearing or public testimony phase before action is taken by the Council on that particular item. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor will ask for public testimony. The hearing is closed, and the City Council may discuss and take action on the item. ACTION ITEMS are those items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and usually go into effect on the date of passage. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the date of final passage. PROCLAMATIONS may be issued by the City to honor significant achievements by a community member, highlight an event taking place in the City, promote awareness of issues affecting the community, and to recognize City employees. 2022/01/14 Special City Council Agenda Page 2 of 13 Pages 1.CALL TO ORDER 2.ROLL CALL 3.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 3.1.Ratification of the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula Vista and Report of the City Manager Regarding Status of Trash Service and Impacts on the Community 4 Report Number: 22-0053 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Hear the report of the City Manager regarding the status of trash service and its impacts on the community, and adopt a resolution ratifying the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula Vista. 4.ADJOURNMENT to the regular City Council meeting on January 18, 2022 at 5:00 p.m. 2022/01/14 Special City Council Agenda Page 3 of 13 v . 0 03 P a g e | 1 January 14, 2022 ITEM TITLE Ratification of the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula Vista and Report of the City Manager Regarding Status of Trash Service and Impacts on the Community Report Number: 22-0053 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Hear the report of the City Manager regarding the status of trash service and its impacts on the community, and adopt a resolution ratifying the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula Vista SUMMARY From December 17, 2021 to the present, Republic Services has been unable to fully perform its obligation to collect and dispose of all solid waste and recyclables accumulated within the City in accordance a franchise agreement between the City and Republic Services. As a result, trash, organic waste, and recyclables have accumulated throughout the City. The proposed resolution ratifies the January 12, 2022 Proclamation of the Existence of a Local Emergency of the Director of Emergency Services of the City of Chula Vista as a result of the present threat to public health and safety and immediate need to remediate and abate the accumulation of uncollected solid waste, organic waste, and recyclables. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant 2022/01/14 Special City Council Agenda Page 4 of 13 P a g e | 2 to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On September 11, 2014, the City of Chula Vista (“City”) and Allied Waste Systems, Inc., a subsidiary of Republic Services, Inc. and doing business as Republic Services of Chula Vista (“Republic”) entered into an amended and restated solid waste collection, recycling, and disposal franchise agreement granting Republic an exclusive franchise to collect and dispose of solid waste and recyclables from residential, commercial, and industrial sites within the City (“Agreement”). On December 17, 2021, the City of Chula Vista was officially notified by Republic that collection operations in the City would be impacted due to a work stoppage by Republic employees, which resulted in limited trash collection and a pause in recyclable material, organic waste and bulky item collection. From December 17, 2021 to the present, Republic has been unable to fully perform its obligation to collect, pick up, remove and dispose of all solid waste and recyclables accumulated on property within the City in accordance with the collection times and frequency specified in the Agreement. The City is aware of approximately 526 emails and approximately 408 phone calls reporting the overflow of trash and recyclables since December 20, 2021. The emails and phone calls consisted of reports from concerned residents and businesses representatives who did not receive collection services and were experiencing waste overflow. The City is also aware that food, yard waste and recyclables are being comingled and treated as trash, and that excess uncollected waste is exacerbating pest infestations and contaminating city streets and storm drains. Industrial and construction services are also being negatively impacted by the lack of disposal services and failure to provide and service bins. In addition, City facilities have been heavily impacted as residents dispose of waste and recyclables in parks, recreation centers, and City offices. Trash receptacles at City parks and all large capacity bins at the Public Works Operations yard and the City Hall complex have been at capacity and overflowing. As a result of Republic’s failure to collect, pick up, remove, and dispose of solid waste and recyclables, the City has experienced an unsustainable accumulation of this material at residences, businesses and in the streets, creating conditions of extreme peril to the health and safety of persons, property and the natural environment within the City. Section 2.14.80(A) of the Chula Vista Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency in the City of Chula Vista if the City Council in not in session. As a result of the immediate need to remediate and abate the accumulation of uncollected solid waste and recyclable materials and other violations of state and local law throughout the City in the interest of public health and safety, the City’s Director of Emergency Services issued a proclamation of the existence of a local emergency on January 12, 2022 (“Proclamation”). 2022/01/14 Special City Council Agenda Page 5 of 13 P a g e | 3 The Proclamation confirms that the functions and duties of the City Disaster Council and Director of Emergency Services shall be those prescribed by state law, the City Charter and ordinances and resolutions of the City, including without limitation the provisions of Chula Vista Municipal Code sections 1.30.030 and 2.14.080 and the authority to temporarily suspend or accelerate the enforcement of City Municipal Code requirements, regulations or contracts subject to applicable law. As a result of the Proclamation, the City Manager or Purchasing Agent is additionally authorized to secure in the open marke t immediate purchases of supplies, equipment, or contractual services during the emergency in accordance with Chula Vista Municipal Code section 2.56.100. At this time, the City anticipates that its initial steps to address the emergency will include setting up a dedicated phone number and email address for the public to report trash overages at multi -family and commercial properties. These reports will be forwarded to the City’s Department of Community Services, who will deploy a team to pick up all of the overages and take it to the landfill. City will also consider utilizing outside services to assist in removing uncollected and accumulated trash, organic waste, and recycling materials and to provide containers at City facilities for the public to use for disposal activities. Such facilities would need be managed and monitored by City staff or outside services to prevent behaviors such as illegal dumping. City staff will continuously monitor and assess additional measures needed as a result of th is ongoing public health emergency. Chula Vista Municipal Code section 2.14.080(A) requires the City Council to take action to ratify the Proclamation at the next regularly scheduled Council meeting held after the date of the Proclamation, or the Proclamation will have no further force or effect. The special meeting being held on January 14, 2022 will take place prior to the next regularly scheduled Council meeting on January 18, 2022, which allows the City Council to ratify the Proclamation sooner. As contemplated by section 2.14.080(A), the Proclamation will be re-tendered for ratification by the Council at the next regularly scheduled Council meeting on January 18, 2022. The Proclamation, if ratified by City Council, shall expire at 5:00 p.m. on February 18, 2022 unless otherwise extended or terminated by the City Council or City Manager. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The subject resolution is anticipated to have a current-year impact to the General Fund; however, the details of such impact are currently unknown. Staff will report back to Council regarding funds expended in relation to the subject resolution. ONGOING FISCAL IMPACT The subject resolution is unlikely to contribute in any significant way to ongoing fiscal impacts to the City. 2022/01/14 Special City Council Agenda Page 6 of 13 P a g e | 4 ATTACHMENTS 1. Resolution Ratifying Proclamation of the Existence of a Local Emergency 2. Attachment A: Proclamation of Existence of Local Emergency (January 12, 2022) 2022/01/14 Special City Council Agenda Page 7 of 13 Page 1 of 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PURSUANT TO CHAPTER 2.14 OF THE CHULA VISTA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF CHULA VISTA WHEREAS, on September 11, 2014, the City of Chula Vista (“City”) and Allied Waste Systems, Inc., a subsidiary of Republic Services, Inc. and doing business as Republic Services of Chula Vista (“Republic”) entered into an amended and restated solid waste collection, recycling, and disposal franchise agreement granting Republic an exclusive franchise to collect and dispose of solid waste and recyclables from residential, commercial, and industrial sites within the City (“Agreement”); and WHEREAS, on or about December 17, 2021, Republic notified the City that collection operations in the City would be impacted due to a work stoppage by Republic’s employees; and WHEREAS, the City is aware of approximately 526 emails and approximately 408 phone calls reporting the overflow of trash and recyclables since December 20, 2021; and WHEREAS, the City is aware that food, yard waste, and recyclables are being comingled and treated as trash, that excess trash is creating pest infestations, and that overflowing trash, recyclables and organic waste are contaminating city streets and storm drains; and WHEREAS, the City is aware that industrial and construction services are being negatively impacted by the lack of disposal services and failure to deliver new bins; and WHEREAS, the City is aware that residents are disposing of waste and recyclables at City facilities and parks, that all 1,010 trash receptacles at City parks and all Public Works Operation Yard receptacles are at capacity and overflowing, and that no collection or disposal service is being provided to larger capacity dumpsters or the City Hall complex; and WHEREAS, as a result of Republic’s failure to collect, pick up, remove and dispose of solid waste and recyclables, solid waste and recyclable materials have accumulated and will continue to accumulate throughout the City at residences, businesses, and in the streets, creating conditions of extreme peril to the health and safety of persons and property within the City; and WHEREAS, Section 2.14.080(A) of the Chula Vista Municipal Code authorizes the Director of Emergency Services to issue a proclamation of the existence or threatened 2022/01/14 Special City Council Agenda Page 8 of 13 Page 2 of 3 existence of a local emergency in the City of Chula Vista if the City Council is not in session; and WHEREAS, on January 12, 2022, the City Council was not in session; and WHEREAS, on January 12, 2022, the Director of Emergency Services issued a proclamation of the existence or threatened existence of a local emergency in the City of Chula Vista as a result of the immediate need to remediate and abate the accumulation of uncollected solid waste and recyclable materials, and other violations of sate and local law, throughout the City in the interest of public health and safety; and WHEREAS, whenever a local emergency is proclaimed by the Director of Emergency Services, Chula Vista Municipal Code Section 2.14.080(A) requires that the City Council shall take action to ratify the proclamation at their next regularly scheduled Council meeting held after the date of the proclamation, or the proclamation shall have no further force or effect unless terminated sooner by the City Council at a special meeting called by Council for that purpose; and WHEREAS, the January 18, 2022 meeting of the City Council is the next regularly scheduled Council meeting held after the date of the January 12, 2022 proclamation issued by the Director of Emergency Services; and WHEREAS, a special meeting of the City Council has been called for January 14, 2022; and WHEREAS, as a result of the existence of and threatened existence of conditions of extreme peril to the health and safety of persons and property within the City, it is necessary to exercise the City Council’s authority pursuant to Section 2.14.080 to ratify the actions of the Director of Emergency Services related to the protection of the public health and safety. NOW, THEREFORE, based on the facts and circumstances set forth above, the City Council of the City of Chula Vista hereby resolves as follows: 1. The Proclamation of the Existence of a Local Emergency of the Emergency Services Director of the City of Chula Vista City of Chula Vista Director of Emergency Services (“Proclamation”), attached hereto as Attachment A, is hereby ratified. 2. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, the Cit y Charter, and ordinances and resolutions of the City, 2022/01/14 Special City Council Agenda Page 9 of 13 Page 3 of 3 including without limitation the provisions of Chula Vista Municipal Code sections 1.30.030 and 2.14.080, and the authority to temporarily suspend or accelerate the enforcement of City Municipal Code r equirements, regulations or contracts subject to applicable law. 3. The City Council authorizes the City Manager, in her capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the accumulation of solid waste, including without limitation organic waste, and recyclables throughout the City. 4. The local emergency shall be deemed to continue and exist until February 18, 2022, unless otherwise extended or terminated by the City Council or City Manager, whichever occurs first. 5. If any section, subsection, sentence, clause or phrase of this Resolution or the Proclamation ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or the Proclamation. The City Council hereby declares that it would have passed this Resolution and the Proclamation and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the resolution would be subsequently declared invalid or unconstitutional. Presented by Approved as to form by _____________________________ ______________________________ Maria V. Kachadoorian Glen R. Googins City Manager/Director of Emergency Services City Attorney 2022/01/14 Special City Council Agenda Page 10 of 13 2022/01/14 Special City Council Agenda Page 11 of 13 2022/01/14 Special City Council Agenda Page 12 of 13 2022/01/14 Special City Council Agenda Page 13 of 13