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HomeMy WebLinkAbout99-5 - Non-Exclusive Solid Waste Franchise• RESOLUTION NO. 99- 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER THE GRANTING OF A NON - EXCLUSIVE SOLID WASTE FRANCHISE TO AMERICAN WRECKING, INC., AND TO WEST COAST LAND CLEARING WHEREAS, the City Council finds and determines that the collection of solid waste generated within the City is a vital public service and that the storage, accumulation, collection, and disposal of solid waste and recyclables is a matter of great public concern because improper control of such matters would subject the City to potential liability, damages and penalties and may create a public nuisance, air pollution, fire hazard, infestation, and other problems affecting the public health, safety and welfare; and, WHEREAS, non - exclusive franchises for the use of public streets to provide • commercial solid waste hauling services will promote the public health, safety, and welfare by promoting permanence and stability among those businesses wishing to provide such service and accountability to the City for compliance with current and future state mandates; and, WHEREAS, pursuant to Article XIII of the City Charter and pursuant to Sections 49500 through 49523 of the Public Resources Code, the City is authorized to enter into non - exclusive franchise agreements for commercial solid waste collection services with private solid waste haulers; and, WHEREAS, American Wrecking, Inc., a private demolition contract firm, and West Coast Land Clearing, a private contract firm, have submitted an application requesting a Non- exclusive Solid Waste Franchise that satisfies the City's application requirements. that: • NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach 1 1. A public hearing shall be conducted on February 8, 1999, at 7:00 p.m., or as soon • thereafter as practical in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California, to consider the granting of a franchise to each applicant listed under Item 2 below pursuant to the following terms and conditions: a. Franchise effective date: March 10, 1999. b. Quarterly franchise fee: 8.5% of gross monthly receipts for the fast year of franchise term increasing by 1 % per year with a cap of 10.5 %. C. Term of Franchise: March 10, 1999 to January 9, 2006 with renewal rights upon mutual agreement of the franchisee and City. d. The City shall not set the Franchisee's bin rates. e. Franchisee shall indemnify and hold harmless City from environmental liability for the franchisee's operations in the City and shall pay to the City Environmental Liability Fund, on a quarterly basis, 5.5% of gross receipts for all commercial solid waste handling services provided by the Franchisee in the City. • f. Franchisee shall indemnify and hold City harmless from penalties and damages for failure to meet current and future state recycling requirements with respect to the portion of the commercial solid waste stream collected by Franchisee. g. Designated disposal facility: City maintains the right to designate disposal facilities to be used by Franchisee. h. Franchisee shall be responsible for all billing and collection for its accounts. i. Franchise shall not be revoked unless there is default under the agreement. j.. Prior to obtaining a Solid Waste Franchise, the applicants shall satisfy the City's minimum qualifications regarding liability insurance, equipment, knowledge of solid waste regulations, load check programs, etc. • k. Franchisee shall meet City's requirements to implement recycling and source reduction public education activities. 2 1. City has authority to annually audit Franchisee's financial records • relating to the payment of fees required under the franchise. M. Franchisee shall comply with all State, Federal laws and regulations, terms and conditions of the franchise agreement, City Charter and Municipal Code. 2. The City proposes to offer a non - exclusive solid waste collection franchise to each of the following applicants listed below who are presently licensed and permitted to conduct business in the City. Persons who have an interest in or objection to the proposed franchises may appear before the City Council and be heard on the date and time listed above. a. American Wrecking, Inc., Robert T. Hall, Vice President b. West Coast Land Clearing, Dave Thomas, President • 3. This Resolution of Intention shall be published in the City's official newspaper within 15 days of its adoption and at least 10 days prior to February 8, 1999. Adopted this 25th day of January, 1999 ATTEST: • CITY CLERK 41NR 3 STATE OF CALIFORNIA } • COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99 -5, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of January, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: Thomson, Debay Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 261h day of January, 1999. (Seal) C dr%M -AEA City Clerk of the City of Newport Beach, California