HomeMy WebLinkAboutCity Council - 2026-11 RESOLUTION NO. 2026-11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADJUSTING AND RATIFYING
RESIDENTIAL TRASH RATES BY THE FORMULA ESTABLISHED
IN THE REVISED AND RESTATED REFUSE COLLECTION
AND DISPOSAL SERVICES FRANCHISE AGREEMENT
WHEREAS, Section 8.21.020 of the Huntington Beach Municipal Code requires
that the collection of trash, refuse, recyclable waste material and yard waste shall be
performed exclusively by the City trash collector; and
WHEREAS, Section 8.21.030 (A) of the Huntington Beach Municipal Code
provides that the maximum charge for residential trash collection service shall be
established from time to time by resolution of the City Council. Such charge shall apply to
persons occupying single-family dwellings, and each dwelling unit within a duplex, a
triplex or a fourplex. This charge shall not apply to persons occupying residential units
such as apartments, mobile home parks, or other multi-family complexes, who are
currently contracting directly with the City trash collector; and
WHEREAS, on July 17, 2006 the City Council adopted Ordinance No. 3744,
granting the Revised and Restated Refuse Collection and Disposal Services Franchise
Agreement to collect trash to Rainbow Disposal and to Rainbow Transfer and Recycling
(the "Franchise"); and
WHEREAS, on May 19, 2026, the City Council approved the First Amendment to
the Franchise Agreement; and
The state of the law remains unclear as to the applicability of California
Constitution Article XIII (Proposition 218) to residential trash rates. In order to avoid any
future legal challenges, the City is following the procedural and substantive mandates of
Proposition 218; and
The Franchise provides that the Residential Trash Collection Rate has three
components. The first component is the fee paid to the trash collection hauler. That fee
increases annually according to the following weighted fee formula comprised of two
weighted components:
1. December to December change in the Bureau of Labor Statistics Garbage
and Trash Collection Index in U.S. Cities Average (CUUR0000SEHG02), initial
weighting 84.6%; and
2. The landfill disposal fee— initial weighting 15.32%.
The second cost component included in the Residential Trash Collection Rate is the
actual costs to the City of providing billing, payment processing, accounting and customer
services. As of July 1, 2025, these costs were $2.32 per month. This cost component
increases annually according to the December CPIU increase; and,
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RESOLUTION NO. 2026-11
The third cost component included in the Residential Trash Collection Rate is the
actual costs to the City of providing state-mandated recycling education programs. This
cost component is $0.15 per month, and does not increase annually; and
Effective January 1, 2026, the City and its trash collecting program will experience
a cost increase of$7.58 per residence per month in order to pay the additional cost to
process residential food waste, to comply with all aspects of SB 1383 (chaptered 2016)
education, inspection and enforcement imposed upon the City pursuant to State law,
specifically, Public Resources Code Section 42652 et.seq.; and
The City desires to adjust the maximum Residential Trash Collection rate annually
commensurate with the adjustments established by Rainbow Disposal Company, Inc. in
accordance with the formula stated above; and
Huntington Beach Municipal Code Section 8.21.030 provides that the City Council
establishes maximum rates for Residential Trash Collection service by resolution; and
Most recently, the City Council adopted Resolution No. 2021-05 increasing the
Residential Rate to $23.14 per month, effective February 1, 2021, with automatic annual
increases for the next five years pursuant to the economic indexes of the Franchise
Agreement. Consequently, the rate effective July 1, 2025 is $29.06 per month;
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
1. The foregoing recitals are all true and correct.
2. After a duly noticed City Council public hearing on May 19, 2026 to
receive testimony and protest regarding the proposed Residential Trash Collection Rate,
the City Council finds that no such majority protest was received and that the rates shall be
adjusted to $36.64 per month effective July 2, 2026.
3. The Residential Trash Collection Rate 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:
a. December to December change in the Bureau of Labor Statistics Garbage
and Trash Collection Index in U.S. Cities Average (CUUR0000SHEG02)—initial
weighting 84.68%; and
b. The landfill disposal fee— initial weighting;15.32%.
4. The Residential Trash Collection Rate will be adjusted annually
commencing July 1, 2027 pursuant to the Restated Refuse Collection and Disposal
Services Franchise Agreement and the previous December CPIU, and continuing each July
1, including July 1, 2031. Notice of any adjustment to the Residential Trash Collection
Rate shall be provided by way of a notice in the monthly Municipal Services Bill at least
thirty (30) days before the effective date of the Rate adjustment.
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RESOLUTION NO. 2026-11
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 19`h day of May, 2026.
Mayor
REVIEWED AND APPROVED: INITIATED ND PP OV D.
City anager Di ctor of Public Works
APPROVED AS TO FORM:
Ci Attorney nom_
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Res. No. 2026-11
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, LISA LANE BARNES, 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 May 19, 2026 by the following vote:
AYES: Kennedy, Twining, McKeon, Burns
NOES: Gruel, Van Der Mark, Williams
ABSENT: None
RECUSED: None
L /4,f/y.t, dafa,"- -
XI
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California