v . 0 03 P a g e | 1
January 18, 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: 22-0056
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 the resolution re-ratifying the January 12, 2022 Proclamation of Existence of Local Emergency of the Director of Emergency Services of the City of Chula Vista.
SUMMARY
Since December 17, 2021, Republic Services has been unable to fully perform its obligation to collect and dispose of all solid waste and recyclables within the City in accordance its franchise agreement. As a result, trash, organic waste, and recyclables have accumulated throughout the City. On January 12, 2022, the Director of Emergency Services of the City of Chu la Vista issued a proclamation of local emergency, which was initially ratified at a January 14, 2022 special meeting of the City Council. This proposed resolution re - ratifies the proclamation of local emergency at the next regularly scheduled meeting on January 18, 2022 in accordance with Chula Vista Municipal Code section 2.14.080.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act P a g e | 2
(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 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
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 on September 11, 2014 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 halt to 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. As a result of Republic’s failure to collect, pick up, remove, and dispose of solid waste and recyclables, the City has experienced an un sustainable 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.
Since December 20, 2021, t he City is aw are of over 500 emails and over 400 phone calls 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 P ublic Works Operations yard and the City Hall complex have been at capacity and overflowing.
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 eme rgency 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 th e City, and 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”).
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 an d
2.14.080. The Proclamation also confirms the Director of Emergency Services’ 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 Procla mation, the City Manager or Purchasing Agent is additionally authorized to secure in the open market 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 fo rwarded to the City’s Department of Community Services, who will deploy a team to pick up all overfilled trash 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. C ity staff will continuously monitor and assess additional measures needed as a result of this ongoing public health emergency , and will continue to engage with Republic in regard to their continuing obligation to fully perform trash collection services.
The City Council ratified the Proclamation at a special meeting held on January 14, 2022. 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. As contemplated by section 2.14.080(A), the Proclamation is being re- tendered for ratification by the Council at the next regularly scheduled Council meeting on January 18, 2022.
The Proclamation, if re-ratified by City Council, will 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.
ATTACHMENTS
P a g e | 4
1. Resolution Ratifying Proclamation of the Existence of a Local Emergency
2. Attachment A: Proclamation of Existence of Local Emergency (January 12, 2022)