HomeMy WebLinkAboutCity Council - 2011-19 RESOLUTION NO. 2011-19
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADJUSTING AND RATIFYING
RESIDENTIAL REFUSE RATES BY THE FORMULA ESTABLISHED
IN THE REVISED AND RESTATED REFUSE COLLECTION
AND DISPOSAL SERVICES FRANCHISE AGREEMENT
WHEREAS, on July 17, 2006 the City Council adopted Ordinance No. 3744,
granting a franchise to collect refuse to Rainbow Disposal and to Rainbow Transfer and
Recycling, and
The state of the law remains unclear as to the applicability of California
Constitution Article XIII (Proposition 218) to residential refuse rates. In order to avoid
any future legal challenges, the City is following the procedural and substantive mandates
of Proposition 218.
The Revised and Restated Refuse Collection and Disposal Services Franchise
Agreement includes a weighted fee formula comprised of three components as follows:
(1) March to March Consumer Price Index for All Urban Consumers ("CPIU")
in Los Angeles, Orange and Riverside counties established by the U. S.
Bureau of Labor Statistics, weighted 76%;
(2) The landfill disposal fee—weighted 16%; and
(3) The hauler's cost of Compressed Natural Gas (CNG) fuel, weighted 8%;
and
The City desires to adjust the maximum residential curbside refuse collection rate
annually commensurate with the adjustments established by Rainbow Disposal Co. in
accordance with the formula stated above, and
The residential curbside collection rate includes a maximum $1.25 per dwelling
unit per month for the City's administrative and overhead expenses attributed to the
residential curbside refuse collection services provided, and
The Huntington Beach Municipal Code Section 8.21.030, provides that the City
Council establishes maximum rates for curbside residential collection service by
resolution.
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
1. After a duly noticed City Council public hearing on March 21, 2011 to receive
testimony and protest regarding the proposed residential curbside refuse collection
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Resolution No. 2011-19
rate, the City Council finds that no such majority protest was received and that the
rates shall be adjusted as follows:
The monthly rate for curbside residential refuse collection for basic level of
services shall be
$14.56 Refuse Collection
$3.00 Recycling
$0.15 Public Education
$1.25 Administration
$18.96
for each single-family residence and each dwelling unit within a duplex, a triplex,
or a four-plex receiving non-commercial refuse collection services. This equates to
a daily rate of $0.6233. This increase shall take effect on all billings dated after
April 1, 2011, prorated for service from and after April 1, 2011.
2. That the Refuse Collection charges for residential curbside collection will be
adjusted annually in accordance with the formula set forth in the Revised and
Restated Refuse Collection and Disposal Services Franchise Agreement as follows:
(1) March to March Consumer Price Index for All Urban Consumers ("CPIU")
in Los Angeles, Orange and Riverside counties established by the U. S.
Bureau of Labor Statistics, weighted 76%;
(2) the landfill disposal fee—weighted 16%; and
(3) the hauler's cost of Compressed Natural Gas (CNG)fuel, weighted 8%.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 21st day of March , 2011.
/Alayor
REVIE ND APPROVED: INITIATED AND APPROVED:
Citpzv4er Director of Public Ndorks
APPROVED AS TO FORM:
City AttorViey
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Res. No. 2011-19
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on March 21, 2011 by the following vote:
AYES: Shaw, Harper, Hansen, Carchio, Dwyer
NOES: Bohr, Boardman
ABSENT: None
ABSTAIN: None
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Cit Jerk and ex-officio rk of the
City Council of the City of
Huntington Beach, California