HomeMy WebLinkAboutReso 2022-010RESOLUTION NO. 2022-010
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 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
DocuSign Envelope ID: 794448ED-20EF-4D6A-B503-9672DB955858
Resolution No. 2022-010
Page No. 2
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 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.
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.
DocuSign Envelope ID: 794448ED-20EF-4D6A-B503-9672DB955858
Resolution No. 2022-010
Page No. 3
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.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: 794448ED-20EF-4D6A-B503-9672DB955858
Resolution No. 2022-010
Page No. 4
Presented by Approved as to form by
_____________________________ ______________________________
Maria V. Kachadoorian Glen R. Googins
City Manager/Director of Emergency Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of January 2022 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2022-010 was duly passed, approved, and adopted by the City Council at a
special meeting of the Chula Vista City Council held on the 15th day of January 2022.
Executed this 15th day of January 2022.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: 794448ED-20EF-4D6A-B503-9672DB955858
DocuSign Envelope ID: 794448ED-20EF-4D6A-B503-9672DB955858
DocuSign Envelope ID: 794448ED-20EF-4D6A-B503-9672DB955858
DocuSign Envelope ID: 794448ED-20EF-4D6A-B503-9672DB955858