HomeMy WebLinkAbout2022/01/15 Post-Meeting Agenda Package
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:January 15, 2022, 6:00 p.m.
Location:Virtual, Via Teleconference
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Welcome to Your City Council Meeting
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UNDERSTANDING THE AGENDA
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most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice
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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
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 Section15061(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.
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January 15, 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
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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”).
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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.
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ATTACHMENTS
1. Resolution Ratifying Proclamation of the Existence of a Local Emergency
2. Attachment A: Proclamation of Existence of Local Emergency (January 12, 2022)
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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
2022/01/15 Special City Council Post Agenda Page 8 of 31
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,
2022/01/15 Special City Council Post Agenda Page 9 of 31
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
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From: Lance Johannsen <smileyjoh@hotmail.com>
Sent: Saturday, January 15, 2022 10:35 AM
To: John McCann <jmccann@chulavistaca.gov>; Mary Salas <MSalas@chulavistaca.gov>; CityClerk
CityClerk@chulavistaca.gov>
Subject: Two things noted from outside of Chula Vista
As a resident of Carlsbad, I have shopped in Chula Vista a few
times, but not lately. However, the town has many things to
recommend it. However, the kerfuffle about the word "gringo" was
one of the worst uses of public funds, I have ever heard of. $60K+ to
investigate and decide that the word's context and use, did not rise to
the level of a legal issue? As a "gringo", I smile every time I hear the
word, whether it is applied to me or not. All I hear, is a funny word,
that is a substitute for Caucasian, that is not a slur. Do either of you
wish that CV, had that money back in the city treasury? I think so!
My other subject to discuss, is how the Council has gone out on a limb,
for what should be a neutral issue to the Council, especially if there is
not enough justification for a strike, like the one with Republic. Here is
the reason why:
I am offering in this opinion, as a perspective on comparable drivers'
wages, in our county, most of whom, have higher degrees of safety
responsibility, than collecting and hauling trash. The typical modern
San Diego trash truck, has one driver, who operates a mechanical arm
to grab and dump each bin, into the holding bay of the truck. i.e. there
is little or no physical exertion as there was before, when curbside trash
bins were physcially handled. Truck drivers have to be careful
everywhere they drive, but so do public transit bus driver with people
aboard. Below, are the hard numbers regarding comparable wages:
The Republic union drivers of Chula Vista, are striking to increase their
wages by $2 an hour, from $24.60 to $26.60 per hour. The average MTS
Warning:
External
Email
mailto:smileyjoh@ho
tmail.com
mailto:jmccann@chula
vistaca.gov
mailto:MSalas@chula
vistaca.govmailto:CityClerk@chula
vistaca.gov
2022/01/15 Special City Council Post Agenda Page 14 of 31
bus driver, currently earns $19.51 per hour, while a North County
Transit bus driver typically earns just $18.29 per hour.
In light of these numbers, and considering the small amount of physical
exertion, needed to operate a trash truck, is the across-the-board
Republic employee wage increase, justified? I conclude that the current
wage is still justified, and the union is just flexing its muscles in our
already inflationary economy. The unfortunate thing, is that the union
has gotten the City of Chula Vista Council, to sympathize with the
strikers, who likely now come home from a day's work without getting
their hands or clothes dirty, and having tossed zero bins of trash, into
their trucks.
Sincerely submitted for public information purposes, Gerald Lance
Johannsen, Carlsbad, CA
2022/01/15 Special City Council Post Agenda Page 15 of 31
From: Craig Costello <costellocraig@gmail.com>
Sent: Saturday, January 15, 2022 4:36 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: Trash emergency
Warning: External Email
Madame Salas,
We are into the fourth week of gut wrenching tragedy and this is ridiculous inhumane, it’s so sad to
see our city — this is a very nice community and we need for you to lead us and get our community
back towards it was and needs to be. Please change our situation as now it needs action now.
Please fire the company and know we need a reliable trash pick up. And the city has a responsibility
to make sure it happens.
The government has a responsibility to protect its residents. We have been a long term supportive
for you but I’m not sure how much longer I can say that. Please do what you were elected to do for
us: Act and do the job we expect from you.
Respectfully,
The Costello family
mailto:costellocraig@g
mail.com
mailto:CityClerk@chulavi
staca.gov
2022/01/15 Special City Council Post Agenda Page 16 of 31
Name - Wyn Jamieson
Date1/14/2022 3:45:52 PM
Position – Neutral
Hello!
I live in Rancho del Rey. None of the homes in our portion of the community have had any
trash pick-up at all this week. I reached out to Republic Services for a timeline and the
representative was unable to provide any detailed information. Since we were told to place
all of our trash/recycling/green waste out for pick-up on Tuesday, our streets are cluttered
with our containers. Trash is now piling up throughout the neighborhood, and because folks'
trash containers are so full, there is quite a bit of escaped trash blowing here and there. I
am disgusted that Republic Services cannot find a way to treat their workers with the
respect they deserve and disappointed that our community is bearing the burden of this
negotiating failure. Additionally, I am appalled that our recycling and green waste are all
being routed to the dump due to potential contamination. What a travesty.
Thanks for your attention. Hope this is all behind us soon.
Name - Richard A Roy
Date 1/14/2022 12:49:57 PM
Position – Support
One solution would be using the 1.4 million dollars that they have in their bond pay the drivers there $2
until they can reach an Agreement with a 1 -2 month end date it would be a good faith gesture from the
City. It would make Republic look even worse if they turned it down or held it up. It's a short term fix.
But it could get the drivers back in there trucks a early as Sunday The citizens Chula Vista deserve this,
and we would respect our leaders more. It's a win win situation.
2022/01/15 Special City Council Post Agenda Page 17 of 31
I tried to summit this comment on line
I don't think I was successful
My comment is
It is very important to include the single family homes trash emergency
Constantly
The comments are presented that the urgency are the multiple family units and businesses
How about the single family houses
The senior and disabled
How about re word the comments to
the
Chula Vista residents
Thank you in advance
Regards
John Acosta Gerontologist
Sent from my T-Mobile 5G Device
Get Outlook for Android
Warning:
External
Email
2022/01/15 Special City Council Post Agenda Page 18 of 31
Original Message-----
From: Dennis Schwartz <djschwartz_11@yahoo.com>
Sent: Saturday, January 15, 2022 6:42 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: Council comments
Warning: External Email
With the Mayor being AWOL is there any higher authority we can reach out to help resolve this?
mailto:djschwartz_11@y
ahoo.com
mailto:CityClerk@chulavi
staca.gov
2022/01/15 Special City Council Post Agenda Page 19 of 31
Update on Chula Vista
Trash/Recycling/Yard
Waste Collection
During Work Stoppage
City Manager Maria V. Kachadoorian
January 15, 2022
2022/01/15 Special City Council Post Agenda Page 20 of 31
Mitigation Activities
•City teams and contractors are collecting trash surrounding dumpsters at
multi-family complexes.
•Contractors from Work for Hope and Alpha Project are assisting crews.
•Crews worked overtime Saturday to continue clean-up efforts.
•City is establishing an email and phone number to report overflowing trash.
•Recycling and yard waste bins will be placed in four locations. One in each
Council district.
•City continues to coordinate with Republic Services to help with efficiencies
to reduce the pile-up of trash in the community.
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Mitigation Numbers: Wednesday -Friday
•City tackling a list of 500+ multi-family complex locations
throughout the City to pick up overflow trash
•Deploying 5 –8 vehicles
•30+ staff and contractors
•54,500 pounds collected
•197 multi-family sites cleaned
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Before and
After
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A little rain
never stops us
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Republic Services Update
Residential/Multi-family/Commercial Services Schedule:
•Week of January 17 (Monday –Friday)
•Regularly serviced trash routes will resume
•On regular scheduled service day, please put out the trash (black)
and recycling (blue) carts ONLY
•NO yard waste (green)will be collected at this time
•If there is a delay in trash and/or recycling pick-up, please leave
cart(s) at the curb until picked-up
•Please remove carts from the curb once they have been serviced
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Otay and Sycamore Landfill Options
•Free trash and recycling disposal for self-hauling is available at
Otay and Sycamore Landfills
•Hours of operation Monday –Friday; 7 a.m. –4:30 p.m.
•Otay Landfill has extended hours Saturday; 7 a.m. –5 p.m.
•For a critical issue regarding trash accumulation, please contact
Republic Waste at 619-421-9400 or
email CustomerServiceCV@republicservices.com
2022/01/15 Special City Council Post Agenda Page 30 of 31
Update on Chula Vista
Trash/Recycling/Yard
Waste Collection
During Work Stoppage
City Manager Maria V. Kachadoorian
January 15, 2022
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