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Home My WebLink About95-64 - Granting Nonexclusive Franchises to Provide Solid Waste Collection Services Upon the City Streets and within the City of Newport BeachNO. 95 -64 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING NONEXCLUSIVE FRANCHISES TO PROVIDE SOLID WASTE COLLECTION SERVICES UPON THE CITY STREETS AND WITHIN THE CITY OF NEWPORT BEACH • The City Council of the City of Newport Beach does ordain as follows: SECTION 1: Findings A. Article XIII of the City Charter and Sections 49500 through 49523 of the Public Resources Code authorize the City to enter into nonexclusive franchise agreements for commercial solid waste handling services with private solid waste enterprises. B. The City Charter and Chapter 12.63 establish requirements and procedures to grant a franchise to provide solid waste handling services within the City of Newport Beach. C. In compliance with the City Charter a duly noticed public • hearing was held on November 13, 1995, to consider the granting of a franchise to each of the solid waste enterprises listed on Exhibit "A" to this Ordinance which is incorporated into this Ordinance by reference as though set forth in full herein. D. Having considered all oral and documentary evidence presented at the public hearing, the City Council has determined that the grant of nonexclusive franchises is in the public interest. SECTION 2: Definitions. All words, terms, phrases in this Ordinance shall have the meanings set forth in Section 12.63.020 of Chapter 12.63 of the Newport Beach Municipal Code. • SECTION 3: Franchise Agreement. A. Grant of Franchise There is hereby granted to each of the solid waste enterprises listed on Exhibit "A ", a nonexclusive franchise to operate, 1 maintain and provide, along, across and over the public streets, alleys, public ways and public places dedicated for public use in the City, a franchise for solid waste handling services. B. Nonexclusive Grant The right to use City streets, alleys, public ways and places • for the purposes set forth in this Ordinance, shall not be exclusive and the City reserves the right to grant a similar use of streets, alleys, public ways and places to any person at any time during the term of this franchise. C. Term of Franchise The term of the franchise shall be ten (10) years and shall commence at 12:01 a.m., on January 1, 1996, provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. D. Franchise Fees A. During the term of the Franchise, Franchisee shall pay to City franchise fees for the privilege of providing • commercial solid waste handling services in the City of Newport Beach and the use of public streets, right of ways and places for such purposes. Fees shall be in the following amounts: (1) Franchisee shall pay to the City 5.50 (five and one half percent) of the gross receipts for all commercial solid waste handling services provided by the Franchisee in the City for the first year of the franchise. The franchise fee shall increase by 1% (one percent) per year for each of the next succeeding five years of this Agreement. Thereafter, the franchise fee will be capped at 10.5 °s for the life of the Agreement. (2) Franchise fee payments shall be paid quarterly and shall be computed and paid on the basis of paid receipts received by the Franchisee for all solid waste handling services within the • City. (3) (One half of one percent) .5g of the franchisee fee shall be attributable to the maintenance and implementation of the City's Source Reduction and Recycling Element °SRRE," and shall be separately accounted for, and used only for the costs stated in 2 Public Revenue Code Section 41901 or any successor provisions. E. Inclusion of Franchise Documents Each franchisee shall comply with and shall be bound by all of the terms, provisions and conditions contained in the City Charter, this Ordinance, Chapter 12.63 of the Newport Beach • Municipal Code and the Franchise Agreement attached to this Ordinance as Exhibit "B" which is hereby adopted, approved and incorporated into this Ordinance by reference. SECTION 4: Effective Date This Ordinance shall become effective 30 days from and after the date of its adoption; provided, however, each franchise granted by this Ordinance shall not become effective unless and until the grantee files written acceptance of the franchise with the City Clerk, and delivers to the City all bonds and insurance policies required to be furnished in accordance with the requirements of Chapter 12.63 of the Newport Beach Municipal Code and the Franchise • Agreement. The written acceptance shall be in form and substance as prescribed by the City Attorney and shall operate as an acceptance of each and every term, condition and limitation contained in this Ordinance, the Franchise Agreement, Article XIII of the City Charter, and Chapter 12.63 of the Newport Beach Municipal Code. Written acceptance of the franchise shall be filed by the grantee not later than ten (10) days after the adoption of this Ordinance. SECTION 5: The City Council of the City of Newport Beach finds that this Ordinance is categorically exempt under the California Code of Regulations Section 15301 defined as "existing operations and facilities" and Section 15308 defined as "actions by • regulatory agencies for protection of the environment." Use of this classification is appropriate because this Ordinance does not change or expand existing solid waste operations and facilities within the City and because the Ordinance furthers and strengthens the City diversion requirements under State law and the City's 93 Source Reduction and Recycling Element (SRRE) . The City Manager is authorized to execute and the City Clerk to file a Notice of Exemption with the Orange County Clerk. This Ordinance shall be published once in the official newspaper of the City. • SECTION 6: That if any section, subsection, sentence clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence clauses and phrases be declared unconstitutional. SECTION 7: This ordinance was introduced at a regular • meeting of the City Council of the City of Newport Beach, held on the 13th day of November , 1995, and adopted on the 27th day of November 1995, by the following vote, to wit: AYES, COUNCILMEMBERS GLOVER, EDWARDS, DEBAY, COX, WATT is ATTEST: i CITY CLERK de \ordinan \grantnon.ord NOES COUNCILMEMBERS HEDGES ABSTAINED, COUNCILMEMBERS O'NEIL ABSENT COUNCILMEMBERS NONE MAYOR 2 • • Adak ORDINANCE NO. _ EXHIBIT "A" John K. Agamalian, President A- TROJAN DISPOSAL 5600 Alhambra Avenue Los Angeles, CA 90032 (714) 998 -2259 John Deckard, General Manager BROWNING - FERRIS INDUSTRIES 2102 Business Center Drive, Suite 130 Irvine, CA 92715 (714) 253 -4636 FAX 851 -6230 Ramon 0. Rangel, President COSTA MESA DISPOSAL 2051 Placentia Avenue Costa Mesa, CA 92727 (714) 646 -4617 Don Shubin, President FEDERAL DISPOSAL P.O. Box 18556 Irvien, CA 92713 (714) 542 -7701 Anthony M. Offing, President 5 STAR RUBBISH P.O. Box 9278 Newport Beach, CA 92658 (714) 558 -7999 Ed Caliri, General Manager GREAT WESTERN RECLAMATION 1800 S. Grand Santa Ana, CA 92705 (714) 558 -7761 Norton Smith, General Manager HAUL AWAY CONTAINERS 11292 Western Avenue Stanton, CA 90680 (714) 826 -9040 de\windwftaulers. add 0 San Hambarian, President Attn: Toni Bagnas Chit - Tatian ORANGE DISPOSAL SERVICE 1931 N. Batavia, CA 92665 (714) 637 -3010 Norton Smith, General Manager ORCO DISPOSAL 11292 Western Avenue Stanton, CA 90680 (714) 540 -0013 Stanley F. Tkaczyk, Vice - President RAINBOW DISPOSAL 17121 Nichols Street Huntington Beach, CA 92647 (714) 847 -3581 Edward Arakelian, President SOUTH COAST REFUSE 2021 Business Center Dr., Suite 114 Irvine, CA 92715 (714) 752 -2638 Judith Ware, President WARE DISPOSAL P.O. Box 8206 Newport Beach, CA 92658 (714) 834 -0234 Robert J. Coycle, Division President WASTE MANAGEMENT OF ORANGE CNTY 1800 S. Grand Street Santa Ana, CA 92705 (714) 480 -2300 Vic Mazmanian, Division Manager WESTERN WASTE 16281 Construction Circle West Irvine, CA 92714 (714) 857 -6523 FAX 857 -6132