HomeMy WebLinkAboutDeclaration of a Local Emergency in Huntington Beach With Re i
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• Huntington Beach,CA
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oa City of Huntington Beach APPROVED & ADOPTED
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DRAFT RESOLUTION NO.
2021-77 7-0
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 Page 1 of 1 Printed on 12/13/2021
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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
WHEREA
S,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.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED:
City Manager
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, December 14, 2021 2:08 PM
To: Agenda Alerts
Subject: FW:Trash Collection Delays
From:denise.kimble@verizon.net<denise.kimble@verizon.net>
Sent: Friday, December 10, 2021 11:12 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Cc:Trash Info<trashinfo@surfcity-hb.org>
Subject: Fwd:Trash Collection Delays
FYI
Original Message
From: denise.kimble(a�verizon.net
To: trashinfosurfcitv-hb.org<trashinfo a(�surfcity-hb.orq>
Sent: Fri, Dec 10, 2021 11:05 am
Subject: Trash Collection Delays
To Public Works Dept.,
As a longtime resident of HB, I am appalled that the PIO or other communication has not been provided to the residents of
HB about this Republic Labor Dispute and what steps the City is taking. And to suggest that residents call Republic
directly if we have questions is absolutely absurd! HB should be in constant communication with their contractor and
communicate relevant information back to the residents, however they find appropriate. I found out about this issue
through social media "Nextdoor".
Does HB have any information about labor contract negotiations or when this is strike is going to end?? That's the kind of
information residents would like to know. I doubt that Republic will answer the phone and give that data to us. Absolutely
appalling!!
Sincerely,
Denise Kimble
17082 Pleasant Circle
Huntington beach, CA 92649
SUPPLEMENTAL
COMMUNICATION
Meeting Date: /i2 /00z/
Agenda Hem No.; .q(21• 99?)
1
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, December 14, 2021 2:08 PM
To: Agenda Alerts
Subject: FW: Republic Services strike
From: Paula Shawa <PShawa@outlook.com>
Sent: Friday, December 10, 2021 3:52 PM
To: Kalmick, Dan<Dan.Kalmick@surfcity-hb.org>
Cc: Fikes, Cathy<CFikes@surfcity-hb.org>
Subject: Republic Services strike
Hi there, I wanted to send an email to the entire City Council but the posted link didn't work.Just wanted to share that
many folks in our Huntington Harbour neighborhood were not aware that the sanitation workers had gone on strike.We
received no notification from the city and today is pick-up day.Also, as you may know,this weekend is the Huntington
Harbour holiday boat parade. Many folks are having parties, etc.The trash that wasn't picked up today, and what
accumulates over the weekend, is going to create a big mess. Really unfortunate that this is happening as it's a service
the residents are paying for... Regards, Paula Shawa, 16822 Edgewater Lane, Huntington Beach.
Sent from Mail for Windows
SUPPLEMENTAL
COMMUNICATION
Meeting Date: /62AAVOa1
Agenda Item No.; 3 (a/ -99?)
1
• 12/15/2021
Trash Service Disruption Response
Consideration of Declaration of a Local Emergency
Special City Council Meeting
December 14, 2021
QHUNTINGTON BEACH/
Trash Service Disruption Overview
•Trash services in Huntington Beach are coordinated through a 2006 Exclusive Franchise
Agreement between the City and Republic Services
•Last Thursday, December 9,the City was informed that trash services for Huntington
Beach would be disrupted given a labor conflict
—Given the labor conflict, Republic Services staff have gone on strike
—All Orange County cities (14 in all) serviced by Republic Services are impacted by the current
labor stoppage
1
/A /7L
97 • 1
• 12/15/2021
City Response Issued on December 11, 2021
•Given the labor stoppage,the City met with Republic Services staff on Saturday,
December 11,and issued a "Notice of Failure to Collect and Dispose of Refuse"
—Pursuant to contract provisions contained in our Franchise Agreement with Republic Services,
the City exercised to contract clauses
>Section 6(K) — provision directing that Republic Services resume collecting and disposing of
refuse by Wednesday, December 15, at 5pm, or the City would institute plans to take over
service delivery(at Republic Services'cost)
>Section 3(D)—provision allowing for the right to cancel the Franchise Agreement with Republic
Services if the contractor is in default
3
City Develops Trash Disruption Mitigation Response Plan
•To prepare for the possibility that Republic Services is unable to coordinate trash service
delivery for an extended period of time, staff has been working to develop an alternate
service delivery plan that would allow for resumption of weekly trash pick-up services
by this coming weekend
—The proposed declaration of local emergency before the City Council tonight, if approved, would
allow for the following:
>Authorize the City Manager to issue limited / temporary permits to persons/ corporations to
perform trash collection services
>Authorize the waiver of certain regulations to allow for co-mingling of refuse
>Authorize the transfer of refuse collected locally to be transported across county lines
4
• 2
• 12/15/2021
Additional HB Support Provided
•City staff also issued public noticing to provide for resident support, given the current
trash service disruption
5
4A' TRASH SERVICES UPDATE
December 13, 2021
• As Republic continues labor negotiations,
the City is working on a plan to provide
alternate residential trash pick-up service by
this weekend (12/18-12/19).
• For the rest of this week, place your trash bins
out on your regularly scheduled pick-up clay.
• If trash is not picked up, leave your bins out until
trash is picked up in the following days.
• Street sweeping will continue, but City will not
issue street sweeping citations through 12/26.
• If you need disposal services asap, drop off your
trash at 5 locations citywide (next slide)
6
• 3
• 12/15/2021
*"—, TEMPORARY TRASH DROP-OFF
v s7- LOCATIONS
Available Hours:
Monday - Friday, 10am to 7pm
Public Works Yard 17371 Gothard St.
Greer Park 6900 W. McFadden Ave.
Edison Park 21377 Magnolia St.
Murdy Park 7000 Norma Dr.
Meadowlark Golf* 16782 Graham St.
*starts 12/14
illThe City is developing a plan to
provide alternate residential trash
pick-up service by this weekend.
More updates will be available on
our website and social media
platforms.
Questions?
• 4