HomeMy WebLinkAbout2021-12-14 Agenda Packet - Spcl Mtg - RevisedAGENDA Revised
City Council/Public Financing Authority
Tuesday, December 14, 2021
**NEW 4:00 PM – Closed Session
4:30 PM – Special Meeting
MAYOR AND CITY COUNCIL
BARBARA DELGLEIZE, Mayor
MIKE POSEY, Mayor Pro Tem
RHONDA BOLTON, Councilmember
KIM CARR, Councilmember
DAN KALMICK, Councilmember
NATALIE MOSER, Councilmember
ERIK PETERSON, Councilmember
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
--or--
Virtual via Zoom Webinar
STAFF
OLIVER CHI, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
IN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting in person
are encouraged to wear a face covering.
Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference (i.e., virtual using Zoom),
or in person if in part, State and Local officials continue to recommend measures to promote social distancing.
In addition to this hybrid format, alternate ways to view City Council meetings live or on-demand remain:
livestreamed on HBTV Channel 3 (replayed on Wednesday’s at 10:00 a.m. and Thursday’s at 6:00 p.m.); live
and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar; or,
from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the
City of Huntington Beach channel.
PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items,
including Study Session, Closed Session, and Public Hearing, may do so in person by completing a Request to
Speak form delivered to the City Clerk, or from a virtual location by entering Zoom Webinar ID 971 5413 0528
via computer device, or by phone at (669) 900-6833. The Zoom Webinar can be accessed here:
https://huntingtonbeach.zoom.us/j/97154130528. Instructions for those utilizing computer devices to request to
speak are provided in each section of the agenda where public comments are accepted.
Members of the public unable to personally participate in the meeting but interested in communicating with the
City Council on agenda-related items are encouraged to submit a written (supplemental) communication via email
at SupplementalComm@Surfcity-hb.org, or City.Council@surfcity-hb.org. Supplemental Communications are
public record, and if received by 2:00 PM on the day of the meeting, will be distributed to the City Council prior to
consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting.
Communications received following the 2:00 PM deadline will be incorporated into the administrative record.
MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members
of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour
prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing
impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact
the City Clerk's Office at (714) 536-5227 for more information.
AGENDA December 14, 2021City Council/Public Financing
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - At
approximately 4:00 PM, individuals wishing to provide a comment on item(s) scheduled for Closed
Session may do so either in person by filling out a Request to Speak form, via computer through
Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833 (see agenda
cover sheet for request to speak instructions). Zoom Webinar participants wishing to speak
should “raise their hands,” and will be prompted to speak when the Clerk announces their name
or the last three digits of their phone number. All speakers are encouraged, but not required to
identify themselves by name. Speakers providing comments in person will be called to speak first,
and each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the
time allowance.
RECESS TO CLOSED SESSION
CLOSED SESSION
21-9931.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
Significant Exposure to Litigation Pursuant to Paragraph (2) of
Subdivision (d) of Section 54956.9: Number of cases, one (1).
4:30 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT BY CITY ATTORNEY
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 4:30 PM, individuals wishing to
Page 1 of 2
**New
AGENDA December 14, 2021City Council/Public Financing
Authority
provide a comment on agendized or non-agendized items may do so either in person by filling out
a Request to Speak form, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar
by phone by calling (669) 900-6833). Zoom Webinar participants wishing to speak will be provided
a 15-minute window to “raise their hands,” and prompted to speak when the Clerk announces
their name or the last three digits of their phone number. All speakers are encouraged, but not
required to identify themselves by name. Speakers providing comments in person will be called to
speak first, and each speaker may have up to 3 minutes unless the volume of speakers warrants
reducing the time allowance.
While the City Council welcomes public involvement and free speech, it rejects comments from
anyone that are discriminatory, defamatory or otherwise not protected speech. Those comments
will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt
the public speaker. Such public comments will not be consented to or otherwise adopted by the
City Council in its discussions and findings for any matter tonight.
ADMINISTRATIVE ITEMS
21-9892.Approve the appointment of Sean Joyce as Interim City Manager.
21-9973.Consider a declaration of a local emergency in Huntington Beach
with regards to the current refuse service impacts in the City by
adopting Resolution No. 2021-77
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority
is Tuesday, December 21, 2021, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
Page 2 of 2
**New
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:21-993 MEETING DATE:12/14/2021
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to
Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases,
one (1).
City of Huntington Beach Printed on 12/13/2021Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:21-989 MEETING DATE:12/14/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Oliver Chi, City Manager
Subject:
Approve the appointment of Sean Joyce as Interim City Manager.
Statement of Issue:
During the past several weeks, the City Council has met in Closed Session on three occasions
(November 16, December 1, and December 7) to consider various options for filling the role of
Interim City Manager. After deliberation, the City Council has identified Sean Joyce as the individual
best suited to serve in that role
Financial Impact:
Funding for the position of Interim City Manager is available and included in the FY 2021/22 budget .
Recommended Action:
Approve the attached employment agreement between the City and Sean Joyce, naming Mr.
Joyce as Interim City Manager.
Alternative Action(s):
Do not approve the employment agreement with Mr. Joyce, and provide staff with alternate direction.
Analysis:
The current city manager’s last day with the City of Huntington Beach will be December 23, 2021. In
order to ensure operational continuity at the City, it is necessary to identify an Interim City Manager
while a nationwide recruitment is conducted to fill the permanent city manager position, which will
likely occur during the first half of 2022.
Mr. Joyce was identified by the City Council as their preferred candidate to serve as Interim City
Manager. He brings with him over 30 years of municipal management experience, having retired as
City Manager for the City of Irvine in February 2018. Prior to that, Mr. Joyce held a variety of
management and staff positions with the cities of South Pasadena, Sierra Madre, and Walnut. Also
of note, most recently, Mr. Joyce served as Interim City Manager for the city of South Pasadena, from
September 2020 - May 2021. A copy of Mr. Joyce’s resume is included as an attachment to this
City of Huntington Beach Printed on 12/13/2021Page 1 of 2
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File #:21-989 MEETING DATE:12/14/2021
report for City Council reference.
The proposed employment agreement being contemplated with Mr. Joyce contains the following key
provisions:
•Start date - 12/20/21
•Base salary - $122.68 / hour
•Benefits - None
•The agreement can be terminated at any time for any reason by the City Council with no
severance consideration.
Environmental Status:
N/A
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1.Employment agreement with Sean Joyce to serve as Interim City Manager
2.Sean Joyce resume
City of Huntington Beach Printed on 12/13/2021Page 2 of 2
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20-9128/239114
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND SEAN JOYCE
THIS AGREEMENT is entered into this 14th day of December, 2021, between the City of
Huntington Beach, a California municipal corporation, subsequently called "City," and Sean
Joyce, subsequently called “Joyce.”
RECITALS
WHEREAS, the City Council may appoint an Interim City Manager to assist the City, at
such salaries or compensation as the City Council may by ordinance or resolution prescribe; and
WHEREAS, the City desires to employ the services of Joyce as an Interim City Manager
of the City of Huntington Beach; and
WHEREAS, it is the desire of the City to provide certain compensation, establish certain
conditions of employment, and to set working conditions of Joyce; and
WHEREAS, it is the desire of the City to:
(1) Secure and retain the services of Joyce and to provide inducement for him
to remain in such employment; and
(2) To provide a means for terminating Joyce’s service at such time as he may
be unable fully to discharge his duties or when City may otherwise desire to terminate his employ;
and
WHEREAS, by entering this Agreement, he desires to accept employment as Interim City
Manager for the City.
NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties
agree as follows:
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20-9128/239114
SECTION 1. DUTIES. City agrees to employ Joyce as an Interim City Manager for the
City to perform the functions and duties of that office in directing the activities and operations of
the City as set forth in the Municipal Code of the City of Huntington Beach and the City Charter,
and to perform other legally p ermissible duties and functions as Interim City Manager. Joyce shall
devote his full attention and effort to the office and perform the mentioned duties and functions in
a professional manner.
SECTION 2. STATUS AND TERM. This Agreement shall be in effect as of December
20, 2021, and Joyce shall serve for a definite term at the pleasure of the City Council and shall be
considered an at-will employee of the City in the capacity of a retired annuitant, commencing upon
execution of this agreement, and not to exceed a term of one (1) year. Nothing in this Agreement
shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the
employment of Joyce at any time. Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of Joyce to resign at any time from his position as Interim City Manager
with the City. The term “employed” (and derivations of that term as used in the preceding
paragraph) shall include employment by another legal entity or self-employment. However, shall
not be construed to include occasional teaching, writing, consulting or military reserve service
performed on Joyce’s time off, and with the advance approval of the City Council.
SECTION 3. SALARY. City agrees to pay Joyce for his services rendered pursuant to
this Agreement at Non-Associated Range NA0029, at $122.68 per hour, of the City's classification
and compensation plan or resolutions or ordinances from time-to-time enacted that govern such
compensation for the position of Interim City Manager.
SECTION 4. OTHER BENEFITS . Joyce shall receive no benefits other than his hourly
salary.
SECTION 5. TERMINATION. The City Council may terminate the employment of
Joyce at any time without advance notice, without just cause, and without payment of severance.
In the event Joyce voluntarily resigns, Joyce shall give the City seven (7) calendar days written
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20-9128/239114
notice prior to his last workday. It is understood that after notice of termination in any form, Joyce
and the City will cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE. Joyce shall report to the City any
ownership interest in real property within the County of Orange, excluding personal residence.
Also, Joyce shall report to the City any financial interest greater than Ten Thousand Dollars
($10,000) in value in a firm doing work for the City or from which the City intends to make a
purchase. Such reporting shall be made in writing by Joyce to the City within ten (10) calendar
days of the execution of this Agreement and, further, within ten (10) calendar days of acquisition
of that interest in real property. Additionally, Joyce shall report in writing to the City any financial
interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or
from whom the City intends to make a purchase immediately upon notice of the intended work or
purchase. In addition, Joyce shall annually complete and file a Form 700 Statement of Economic
Interest with the City Clerk.
SECTION 7. INDEMNIFICATION. City shall defend and indemnify Joyce, including
but not limited to any: tort, professional liability claim or demand, or other noncriminal legal,
equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or
omission occurring in the performance of Joyce’s duties as an employee or officer of City, other than
an action brought by City against Joyce, or an action filed against City by Joyce.
SECTION 8. GENERAL PROVISIONS.
(a) The text herein, including recitals, shall constitute the entire Agreement between
the parties.
(b) This Agreement shall become effective upon execution of this agreement.
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion
of it, shall be deemed severable, shall not be affected and shall remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties here.
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20-9128/239114
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by City Council, and Joyce has signed and executed this Agreement on the day and year
first above written.
SEAN JOYCE
City Manager
CITY OF HUNTINGTON BEACH
Mayor
APPROVED AS TO FORM:
City Attorney
Sean Joyce
20 Oak Tree Ln, Irvine, CA 92612
(C) 949-910-9139
Sep. 2020 to
May 2021
Aug. 2020 to
Present
Jan. 2005
to Feb. 2018
Interim City Manager, City of South Pasadena
Assumed interim assignment at a time of organizational turmoil and brought
stability to a proud organization located in a community that is very actively
engaged in the City’s policy making. In partnership with other city employees, I
was able to bring clarity to the City’s financial and human resources to provide the
type of information that the Mayor and City Council needed to make numerous
sound policy decisions that have returned the City to a solid foundation.
Regional Director, West Coast, Alliance Resource Consulting
In this role, I serve in a consulting capacity to a national executive recruiting firm.
City Manager, City of Irvine, CA
Oversaw daily operations of this central Orange County city of 66 square miles and
a residential population of 275,000. I served as Acting City Manager throughout
2005, before being appointed to the regular position in January 2006. Some of the
achievements for which I am particularly proud include the following:
I led an organization nationally recognized for its quality of life, safety,
educational institutions, parks and open space and environmental stewardship.
I created a “bridge plan” that was adopted by the City Council in the immediate
aftermath of the 2008 recession. The plan called for the scheduled deployment
of accrued reserves, the reduction of positions through natural attrition, strict
cost controls, and negotiated employee concessions over the course of three
years. At the conclusion of those three years, the executed plan was proven a
success, far outperforming original estimates.
Proposed fiscal policies that resulted in boosting general fund reserves from
5.5% of annual revenues to 15% in just two years—immediately preceding a
deep recession, during which these reserves were crucial to preserving core city
services throughout the recession that began in 2008. Reserves reached a level
of 22% of annual operating expenses.
Working in collaboration with the mayor and others throughout the County, I
played a leadership role securing an exchange of $121.3 million with the Orange
County Transportation Authority. This transaction relieved the general fund of
more than $2 million of annual operating expenses for operation of the City’s
public transit services.
Led development and implementation of a wide range of human services
programs in furtherance of a comprehensive strategy for meeting the goals of
Irvine’s “Children, Youth & Families Initiative.” This expansive program
identified and provided for the needs of Irvine’s oldest, youngest, and most
vulnerable.
Provided executive leadership of an organization, comprised of more than 1,200
employees, that annually receives citizen satisfaction ratings of 95% or greater
(97% in most recent survey).
Jul. 2004 to
Dec. 2004
Nov. 1996 to
Jul. 2004
Irvine was recognized by the Federal Bureau of Investigation (F.B.I.) as the
safest city in the U.S. (within its population category) for violent crime each
year of the 13 years that I was city manager.
Prepare and manage an annual municipal operating budget of more than $550
million ($172 million general fund).
Assistant City Manager, City of Irvine, CA
Initiated independent operational evaluations to improve operational efficiency
and service delivery. Developed a natural open space management plan whereby
a non-profit Land Reserve manages more than 2,000 acres of natural open
space—at a 20% savings to the City.
City Manager, City of South Pasadena, CA
I assumed my position in this full-service city of 25,000 residents at a time of scandal
and crisis that had eroded public confidence in the local government. Under my
leadership the organization dramatically improved public confidence and achieved
many city council, citizen, and organizational goals.
Transitioned an entrenched organizational culture from that managed by
intractable rules to that guided by values. Achievements include the immediate
re-opening of City Hall on Fridays for the first time in nearly a decade; expanded
community services to meet citizen demand; numerous improvements to city
infrastructure and facilities.
Oversaw preparation of the City’s first comprehensive general plan amendment
in 35 years, followed by a complete revision of the City’s Zoning Code. Both
efforts included meaningful and regular collaboration with the citizenry.
Was chief strategist on City’s successful opposition to the proposed construction
of the 710-freeway extension through the city. I directed staff, special legal
counsel, consultants, lobbyists and financial resources to advance South
Pasadena’s position among members of the State Legislature, Governor’s office,
California Transportation Commission, Federal Highway Administration and
special interest groups.
Managed the preparation of capital improvement programs (CIP) for repair of
1) all city streets, alleys, curbs and gutters ($20 million), 2) the city’s sewer
system and, 3) water production, storage and transmission ($30 million).
Amidst prolonged statewide economic decline, the City’s general fund reserves
doubled, from an amount equal to 10% of annual operating expenditures to more
than 20% of annual expenditures.
Sep. 1993 to
Nov. 1996
City Administrator, City of Sierra Madre, CA
I was appointed City Administrator at a time of a local fiscal crisis and lost public
confidence. I immediately focused attention to establishing fiscal stability and
leading the transition of the organization to that of a more contemporary, customer
service-oriented municipality.
After just three years, the City’s general fund reserves had rebounded from a
$108,000 deficit to $1,008,000 positive cash balance.
My attention to organizational development resulted in operational
improvements that increased employee morale and productivity. The
implementation of operational improvements created greater efficiency and
numerous customer service enhancements.
Developed and implemented downtown revitalization projects contributing to a
two-year 13% increase in assessed valuation of the project area during a
recessionary period.
Coordinated a comprehensive general plan revision relying largely on city staff
and citizen volunteers, thus ensuring adoption of a general plan reflecting local
interests and values.
Conducted an internal audit of the City’s water production and delivery system,
followed by implementation of enhanced operational and rate setting methods
that turned a $1.3 million cash deficit into a $500,000 cash surplus in less than
two years.
Apr. 1990 to
Sep. 1993
Assistant City Administrator, City of Sierra Madre, CA
Held a generalist position responsible for overseeing management of staff of a full-
service municipality comprised of seven operating departments, 52 full-time and
150 part-time staff. My significant achievements included the introduction and
implementation of an organizational commitment to customer service and
introduction of automation of numerous operational functions throughout the
organization. I developed and implemented a new employee orientation program
and improved the City’s budget development and format to be more understandable
to policy makers and the citizenry.
Feb. 1989 to
Apr. 1990
Senior Administrative Assistant, City of Walnut, CA
Held a generalist position in the City Manager’s office, serving an ethnically diverse
Los Angeles County city of 30,000 residents. At that time, Walnut was among the
fastest growing cities in the State. As administrative director to the Parks and
Recreation Commission, I prepared and administered the City’s extensive park
capital improvement program. Developed a park and public facility use and
scheduling policy; developed a comprehensive city-wide emergency response plan;
administered state and federal park grants; developed and managed one of the
State’s first mandatory curbside recycling programs.
Oct. 1987 to
Feb. 1989
Administrative Assistant, City of Walnut, CA
As a generalist in the City Manager’s office, I prepared and managed a $10 million
annual budget, including negotiating and managing service contracts for contract
police and fire services provided by the County of Los Angeles, building and safety
services, engineering, planning, code enforcement, community development block
grant, and local transportation program. Performed staff analysis concerning myriad
policy matters at a time of substantial community growth.
Education California State University, Fullerton
Master of Public Administration, emphasis in Human Resource Management.
Graduated with a 4.0 G.P.A.
California State University, Fullerton
Bachelor of Arts Degree in Political Science, emphasis in Public Administration.
Honors,
Memberships &
Activities
President of the League of California Cities City Managers Division (2015-2016),
elected by my peers throughout the state.
City of Irvine recipient of the “Freedom Award” awarded annually to a select few (15
of 2,500 applicants) for the City’s extraordinary commitment to U.S. Military Coast
Guard and Reserves (2010).
Recipient of Award for the Advancement of Diverse Communities by the City
Managers’ Department of the League of California Cities (2008).
Collaboratively produced an ethics policy as a member of the Ethics Sub-Committee
of the League of California Cities’ City Manager’s Division (2010).
Recipient of the Irvine Valley College Alumnus of the Year Award (2007).
President of Orange County City Managers Association (2015) and President of San
Gabriel Valley City Managers Association (1997).
Recipient of Cal State Fullerton’s Public Administration faculty’s Alumnus of the
Year Award (2013).
Recipient of Spirit of Excellence in Leadership awarded by Irvine Public Schools
Foundation (2013).
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:21-997 MEETING DATE:12/14/2021
Consider a declaration of a local emergency in Huntington Beach with regards to the current
refuse service impacts in the City by adopting Resolution No. 2021-77
City of Huntington Beach Printed on 12/13/2021Page 1 of 1
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RESOLUTION NO. 2021-___
A PROCLAMATION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH DECLARING
A LOCAL EMERGENCY IN THE CITY
WHEREAS, Huntington Beach Municipal Code (HBMC) Chapter 8.21 provides that the
collection of refuse, recyclable waste material, and yard waste shall be performed exclusively by the
City’s identified refuse collector; and
WHEREAS, the City Council may regulate, by ordinance or resolution, all aspects of the
residential refuse service and the commercial refuse service, including, but not limited to, frequency of
collection, means of collection and transportation, level of services, charges, fees, and nature, location,
and extent of providing such services; and
WHEREAS, the City may enter into contracts with responsible persons for the collection of
refuse within the City utilizing such procurement procedures and upon such terms and conditions as are
deemed appropriate by the City Council; and
WHEREAS, in the event of an emergency or other unforeseen or unpreventable circumstances in
which the City refuse collector is unable to maintain refuse collection services, the City Manager may
issue limited or temporary permits for a period not to exceed 30 days to persons or corporations to
perform any of the refuse collection services; and
WHEREAS, the use of any refuse collector identified by the City Manager during an emergency
or other unforeseen or unpreventable circumstance can extend beyond 30 days with the approval of the
City Council; and
WHEREAS, the City of Huntington Beach contracts with Republic Services, also known as
Rainbow Disposal Company Inc., joined by Rainbow Transfer and Recycling, Inc., to serve as the City’s
exclusive waste hauler (herein referred to as Republic); and
WHEREAS, on or about December 9, 2021, the City of Huntington Beach became aware that
due to a labor dispute, Republic failed to collect and dispose of refuse required by the “Revised and
Restated Refuse Collection and Disposal Service Franchise Agreement By and Between the City of
Huntington Beach and the Rainbow Disposal and Rainbow Transfer And Recycling Companies;” and
WHEREAS, any regular refuse service disruptions will cause significant health and safety
impacts for Huntington Beach residents and business trash problems (herein referred to as Republic
Dispute); and
WHEREAS, Republic’s labor dispute has the potential for economic impacts for community
members, businesses, government agencies, and others due to the loss of outdoor access, tourism, and
impacts to commercial and recreational fishing and watersports; and
WHEREAS, the conditions caused by a lack of refuse service can result in trash piling up at
residences, businesses, and in the street, which creates conditions of disaster or extreme peril for the
safety of the persons and property within the City; and
WHEREAS, pursuant to Huntington Beach Municipal Code 8.60.070, the City Manager, also
known as the Director of Emergency Management, is empowered to request the City Council to
proclaim the existence or threatened existence of a local emergency if the City Council is in session; and
WHEREAS, due to the aforementioned facts, there exists extreme peril to the safety of persons
and property in the City of Huntington Beach.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as
follows:
1. A Local Emergency as defined in the California Government Code §8558(c), and
Huntington Beach Municipal Code 8.60, exists in the City of Huntington Beach.
2. The City Manager and the Fire Chief, by virtue of their designations as Director and
Deputy Director of the Office of Emergency Management and Homeland Security
pursuant to Huntington Beach Municipal Code Chapter 8.60, are hereby designated as the
authorized representatives of the City of Huntington Beach for purposes of receipt,
processing, and coordinating all inquiries and requirements necessary to obtain such
private, State and Federal assistance as may be available.
3. There are circumstances in effect whereby the City’s current refuse collector is unable to
maintain refuse collection services, therefore, the City Manager may issue limited or
temporary permits to persons or corporations to perform any of the necessary refuse
collection services and enter into contracts to provide refuse collection. The City
Manager is also authorized to enter into agreements as necessary on behalf of the City to
address the refuse collection issue, and to submit environmental permitting as necessary
to perform temporary refuse collection services.
4. The Proclamation of Local Emergency is hereby issued by the City Council on December
14, 2021.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a special
meeting held on the fourteenth day of December 2021.
ATTEST:
________________________________
City Clerk
REVIEWED AND APPROVED:
_________________________________
City Manager
_______________________________
Mayor
APPROVED AS TO FORM:
____________________________________
City Attorney