REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Debra Jubinsky, Senior Management Analyst
Subject:
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Adopt Ordinance No. 4348, “An Ordinance of the City Council of the City of Huntington Beach Amending the Franchise to Collect Refuse Granted to Rainbow Disposal and Rainbow Transfer and Recycling Companies” - Approved for Introduction May 19, 2026 (Vote: 4-1-2, Williams - No, Gruel and Van Der Mark - Abstain)
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Statement of Issue:
On May 19, 2026, City Council approved Ordinance No. 4348 for introduction. This Ordinance amends the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement between the City and Rainbow Disposal Company, Inc. and Rainbow Transfer & Recycling to allow for implementation of state-mandated SB 1383 programs and services.
Financial Impact:
Not applicable.
Recommended Action:
recommendation
Adopt Ordinance No. 4348, “An Ordinance of the City Council of the City of Huntington Beach Amending the Franchise to Collect Refuse Granted to Rainbow Disposal and Rainbow Transfer and Recycling Companies”
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Alternative Action(s):
Do not approve the adoption of the ordinance amending the Refuse Collection and Disposal Services Franchise Agreement. Rejection of the Ordinance will prevent the implementation of state-mandated SB 1383 services.
Analysis:
To implement the state-mandated food waste organics recycling programs and services required by SB 1383, it is necessary to amend the City’s existing Revised and Restated Refuse Collection and Disposal Services Franchise Agreement (Franchise Agreement) with Rainbow Disposal Company, Inc. (a Republic Services company). Public Works staff, HF&H Consultants, and Republic Services negotiated and developed the food waste organics recycling program and the education, outreach, and enforcement components for both residential and commercial customers.
The result is the First Amendment to the existing Franchise Agreement, which incorporates the program terms and conditions necessary to ensure City compliance with SB 1383. Additionally, because the Franchise Agreement was adopted 20 years ago, HF&H and staff included provisions to modernize the Agreement for the final 11 years of the term, which ends June 30, 2037. The key provisions include updates to the compensation formula and protections for City and our customers, including performance measures and liquidated damages for service failures.
Because the Franchise Agreement was adopted via ordinance, any amendment must also be adopted via ordinance.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4348, “An Ordinance of the City Council of the City of Huntington Beach Amending the Franchise to Collect Refuse Granted to Rainbow Disposal and Rainbow Transfer and Recycling Companies”