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Resolution R-2025-37 ATTACHMENT 1
RESOLUTION NO. R-2025-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, APPROVING THE AMENDED
FEE SCHEDULE FOR SOLID WASTE HANDLING
SERVICES FOR FISCAL YEAR 2025-26
A. Recitals
(i). The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is in the public interest to authorize and require local agencies to make adequate provision for the disposal of all solid waste within their jurisdictions.
(ii). Pursuant to California Public Resources Code §40059 (a)(1), the City Council of the City of Placentia (“City Council”) has determined that the public health, safety, and welfare require that an exclusive franchise agreement be awarded to qualified solid waste enterprise for solid waste handling services within the City of Placentia (“City”).
(iv). City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling, and disposal of solid waste, including AB 341, AB 939, AB 1826, AB 1594, SB 1383, the Resource Conservation and Recovery Act (“RCRA”), and the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), all as may be amended from time to time hereinafter
(v). City desires, among other things, to ensure adequate landfill space remains available to meet the public’s need for the safe handling and disposal of solid waste, and further desires to ensure its citizens do not incur undue costs in safely disposing of solid waste and has entered into that certain waste disposal agreement by and among various Orange County cities, including City, and the County of Orange, relating to the use of County landfills for the disposal of solid waste. Contractor has proposed to provide such services and take such actions as are necessary or desirable to ensure City complies with its obligations pursuant to the County Agreement, as the same may be amended from time to time hereinafter.
(vi). On May 29, 2025, the City mailed the Notice to a total of 12,445 record property owners of parcels to which the proposed rates for solid waste collection services would apply, informing them of a July 15, 2025, public hearing.
(vii). On July 15, 2025, the City Council opened the public hearing, and received 5 valid written protests prior to the closing of the public hearing.
(viii). The total number of valid written protests was 5 which is less than 50 percent of the total number of valid written protests that could legally be presented.
199
Resolution R-2025-37 ATTACHMENT 1
(ix). After hearing public testimony, the City Council considered whether to establish potential rate increases for residential and commercial solid waste collection services.
(x). Based upon the testimony provided at the public hearing, the City Council hereby establishes the solid waste handling service charges for residential and commercial services commencing on July 1, 2025, as set forth in “Exhibit A,” attached hereto and incorporated by this reference as though fully set forth herein.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., above.
2. Solid waste handling service charges for residential and commercial services commencing on July 1, 2025, as set forth in “Exhibit A,” attached hereto and incorporated by this reference as though fully set forth herein.
APPROVED and ADOPTED this 15th day of July 2025
Kevin Kirwin, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
200
Resolution R-2025-37 ATTACHMENT 1
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular adjourned meeting of the City Council held on the 15 th day of July 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
201
EXHIBIT A
Placentia Rate Adjustments Calculation (Effective July 1, 2025)
Resolution R-2025-37 EXHIBIT A
202
Resolution R-2025-38 ATTACHMENT 2
RESOLUTION NO. R-2025-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, AUTHORIZING AND
DETERMINING RESIDENTIAL SOLID WASTE HANDLING
SERVICE CHARGES AND DIRECTING PLACEMENT
THEREOF ON THE ORANGE COUNTY PROPERTY TAX
ROLLS FOR FISCAL YEAR 2025-26
A. Recitals
(i). Section 8.04.310 of the Placentia Municipal Code provides that the City Council may, by resolution, cause solid waste handling service charges to be collected with the Orange County Property Tax bills.
(ii). The City Council has received and analyzed the proposed refuse collection charges for residential services and has determined appropriate residential solid waste handling service charges to be set for the Fiscal Year 2025-26
(iii). The City Council has determined that residential solid waste and handling service charges collected via the tax rolls affords the least costly mechanism for the residential taxpayers of the City of Placentia and users of the solid waste handling services.
(iv). All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., above.
2. Solid waste handling service charges for residential and commercial services are set forth in “Exhibit A,” attached hereto and incorporated by this reference as though fully set forth herein.
3. Solid waste handling service charges for residential services be placed on the Orange County Property Tax Rolls for the Fiscal Year 2025-26, and such charges be collected in the same manner as the Property Tax.
4. A copy of this Resolution shall forthwith be transmitted by the City Clerk to the Auditor-Controller of the County of Orange.
208
Resolution R-2025-38 ATTACHMENT 2
APPROVED and ADOPTED this 15th day of July 2025.
Kevin Kirwin, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular adjourned meeting of the City Council held on the 15 th day of July 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
209
Exhibit A
EXHIBIT A
Placentia Rate Adjustments Calculation (Effective July 1, 2025)
Resolution R-2025-38
210
ATTACHMENT 3
AMENDMENT NO. 16 TO
AMENDED, REVISED AND RESTATED AGREEMENT FOR SOLID WASTE
SERVICES BETWEEN
THE CITY OF PLACENTIA AND
REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC
This Amendment No. 16 (the “Amendment”) is made and entered into effective the 1st day of July 2025, by and between the City of Placentia, a Charter City and Municipal Corporation (“City”), and Republic Waste Services of Southern California, LLC, a wholly owned subsidiary of Republic Services, Inc., a Delaware Limited Liability Company, dba Placentia Disposal for Solid Waste Handling Services (hereinafter “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and or collectively referred to as the “Parties.”
A. Recitals.
(i) Effective July 20, 2010, City and Contractor entered into the “Amended, Revised and Restated Agreement” (the “Agreement”).
(ii) The Agreement has been revised thirteen times previously, the most recent revision being the Amendment No. 15, which became effective July 1, 2024.
(iii). City and Contractor have determined that this Amendment is required to adjust the solid waste collection rates per the terms of the Agreement in connection with solid waste handling services for City’s residents and commercial, industrial and municipal entities and agencies within the City.
(iv.) All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties Agree as follows:
B. Agreement Amendment
1. Recitals Incorporated. In all respects as set forth in the Recitals, Part A., above, the Recitals are incorporated into the Agreement.
2. Contractor shall continue to provide solid waste handling services for City’s residents and commercial, industrial and municipal entities and agencies within the City in accordance with the Agreement.
3. Exhibit A Rates Revised. Exhibit “A” of the Agreement hereby is amended to reflect the rates and charges permitted to be charged by Contractor during Fiscal Year 2025-26 as set forth in Exhibit “A” hereto captioned “City of Placentia Rate Summary – Effective July 1, 2025.”
4. Terms Remain in Effect. Except as specifically modified herein, all of the remaining terms, conditions and provisions of the Agreement shall remain in full force and effect. 216284
ATTACHMENT 3
5. Merger. The Agreement, all amendments together with this Amendment No.16 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 16 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
6. Authority to Sign. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 16 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 16 to the Agreement are to be executed as of the day and year first above written.
CONTRACTOR: CITY OF PLACENTIA
By: ______________________________
Peter Besada, General Manager
By: _________________________________
Jennifer Lampman, City Administrator
ATTEST:
By: _________________________________
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By: _________________________________
Christian L. Bettenhausen, City Attorney
217285
NOTICE IS HEREBY GIVEN that on Tuesday, July 15, 2025 at 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Placentia will hold a Public Hearing in the Council Chambers of the Placentia City Hall located at 401 E. Chapman Avenue to consider the proposed City’s solid waste collection rates for Fiscal Year (FY) 2025-26, with a proposed effective date of July 1, 2025.
BASIS FOR RATE INCREASES
The proposed rates for FY 2025-26 are based upon the City’s existing refuse collection franchise agreement with Republic Services (Franchise Agreement). The Franchise Agreement allows for increases to solid waste collection rates each July 1st in proportion to the increase or decrease in the cost of living as determined by the percentage change in the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles-Long Beach- Anaheim, CA area for the twelve (12) month period ending on January 31 st. Rate adjustments under the
Franchise Agreement are also allowed due to changes in other operational costs in providing solid waste collection services. In addition, the County of Orange Landfill Gate Tipping fee is adjusted annually as determined by the Waste Disposal Agreement between the County of Orange and the City.
SUMMARY OF PROPOSED RATES FOR FY 2025-26
The proposed rates for FY 2025-26 are inclusive of the change in CPI for the 12-month period ending on January 31st which was 3.33% and a 2.6% increase in the County of Orange (County) Landfill Gate Tipping Fee. For 2025-26, the County will increase the landfill gate tipping fee to $43.76, which represents a 2.6 % increase from FY 2024-25 rate of $42.65. The tables below compare the current rates for typical residential and commercial services with the proposed FY 2025-26 solid waste collection service rates.
Proposed Residential Waste Rate Summary – FY 2025-26
Residential Rate Current Rate Proposed Rate Rate Change Single-Family (Monthly)$41.20 $44.86 $3.66/month
Single-Family (Annual)$494.40 $538.32 $43.92/year
Note: Single-family residential services are billed as a special assessment on the property tax roll.
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
CITY OF PLACENTIA
NOTICE OF PUBLIC HEARING FOR
PROPOSED SOLID WASTE COLLECTION RATES
228
Proposed Commercial Waste Rates Summary – FY 2025-26
Commercial Rate Current Rate Proposed Rate Rate Change
3-Yard Trash Bin $215.96 $222.66 $6.70/month
3-Yard Recycling Bin $184.27 $190.16 $5.89/month
2-Yard Organics Bin $168.46 $173.72 $5.26/month
64-Gallon Organics Cart $56.57 $58.37 $1.80/month
Note: Rates are for commercial services for a single bin serviced once a week, billed monthly
Additional information and the full proposed rate schedule can be viewed online at the City’s website at:
http://placentia.org/solidwasterates .
REASON FOR PUBLIC HEARING
The City Council will hold a public hearing on the above date and time to consider increasing rates for residential and commercial solid waste collection services. In 1996, California voters approved Proposition 218, which establishes a specific process for cities to impose or increase certain types of fees. Proposition 218 provides that certain “Property Related” rates are subject to a noticed public hearing and “majority protest” process.
This notice is being provided to you pursuant to Section 6 of Article XIIID of the California Constitution (Proposition 218) and Section 53755 of the Government Code which require that notification be sent 45 days in advance of the public hearing, to the address to which the City customarily provides the refuse collection service, or the known mailing address of the property owner, for each identified parcel upon which any new or increased refuse rate or charge is being proposed. You are being provided with this notice 45 days in advance of the public hearing as the identified owner of real property in the City of Placentia subject to the proposed solid waste and recycling rates. As a property owner, you have a right to submit a written protest to the proposed rate change.
WRITTEN PROTEST PROCEDURES
Any property owner whose property will be subject to the imposition of the proposed solid waste service fees and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed changes; provided, however, that only one protest will be counted per identified parcel.
Written protests may be submitted by mail or in person to the City Clerk’s Office at 401 East Chapman Avenue, Placentia, CA 92870 or at the Public Hearing (date and time noted above), provided they are received prior to the conclusion of the public comment portion of the Public Hearing. Any protest submitted via e-mail or other electronic means will not be accepted. Any written protest must (1) state that the identified property owner is in opposition to the proposed solid waste service charges; (2) provide the location of the identified parcel (by assessor’s parcel number, street address, or customer account); (3) provide written evidence (example: current copy of City Services Bill) that the person is the property owner, if the person was not shown on County of Orange’s last equalized assessment roll as the property owner; and (4) include the name and signature of the property owner submitting the protest.
If written protests against the proposed increases are not presented by a majority of identified parcels upon which the proposed rates are to be imposed, the City Council will be authorized to adopt the proposed rates. If adopted, the proposed solid waste collections rates will be effective July 1, 2025. Please note that each property will be counted as a single vote, regardless of the number of owners. If there are two record owners, both must sign the written protest. If there are more than two owners, the protest must be signed by a majority of the owners. Multiple protests returned for a single property will be disallowed and the City Clerk will only accept one protest per property. Email, fax, telephone, or oral protests of any kind will not be counted. Mailed protests received after the close of the public hearing will not be counted, even if they were postmarked earlier.
The City Council meeting agenda and staff report for the Public Hearing will be available 72 hours prior to the regular meeting of Tuesday, July 15, 2025, on the City’s website at: http://placentia.org/citycouncilagenda . If you have questions regarding this notice or how it may impact your property, please contact the Public Works Department at (714) 993-8148, Monday through Thursday from 7:30 a.m. to 6:00 p.m.
EN ESPAÑOL: Para recibir una copia de este aviso en español sobre cambios propuestos a las tarifas de la colección de basura, llame al (714) 993-8148, de lunes a jueves de 7:30 a.m. a 6:00 p.m. 229
Public Hearing: Solid Waste Handing Services Rate Adjustment for Fiscal Year 2025-26City CouncilJuly 15, 2025City of Placentia
Background•Franchise Agreement with Republic became effective on July 20, 2010•Notice of Cancellation issued on July 19, 2017•Agreement will expire on November 11, 2037•Rates are adjusted annually on July 1stbased on Agreement
Previous City Council Action July 31, 2024 City Council Meeting Approval of FY 24-25 Rate Schedule
Proposed Rate Changes for Fiscal Year (FY) 2025-261.Annual Rate Adjustment per CPI per Section 24.3 of the Agreement1.CPI for Los Angeles-Anaheim-Long Beach Region for January 2025 was 3.33%2.Orange County Landfill Tipping Fees Adjustment per Section 24.5 of the Agreement1.Increased 2.6% based on the Second Amendment to the Waste Disposal Agreement with the County
Summary of Proposed Solid Waste Collection RatesRate Current Monthly Rate Proposed Monthly Rate Rate Change pMonth3-Yard Trash Container$215.96 $222.66$6.70Yard Recycle Container$184.27 $190.16$5.89Yard Organics Container $168.46 $173.72$5.264-gallon Organics Cart $56.57 $58.37$1.80CurrentMonthly RateProposed Monthly RateCurrent Annual Assessment Rate Proposed Annual Assessment Rate Rate Change Month/Yeae-Family ential Rate $41.20 $44.86 $494.40 $538.32 $3.66/$43.9mercial Rates (Includes Multi-family & Industrial Rates)ential Rates
Public Hearing Notice & Process•Proposition 218 requirements45-day public hearing noticeMajority protest (50% + 1) by ratepayers precludes adoption of proposed rate increaseMay 29, 2025: mailed out public hearing notices to property owners (ratepayers)City Clerk’s Office received five (5) protest letters; Final tally at conclusion of public hearing
Recommended Actions.Open the Public Hearing; and.Receive Staff Report & Public Testimony; and .Close the Public Hearing and direct the City Clerk to tabulate the written protests and report the results of the tabulation to the City Council; and.If no majority protest exists, Adopt Resolution No. R-2025-37 and R-2025-38 and Amendment No.16 setting the adjusted waste hauling rates for FY 2025-26.
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