HomeMy WebLinkAbout2002-66 - Solid Waste Franchise Ocean Waste & RecyclingRESOLUTION NO. 2002- 66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENTION
TO TERMINATE THE NON- EXCLUSIVE SOLID WASTE
FRANCHISE FOR OCEAN WASTE AND RECYCLING,
LLC AND SETTING A PUBLIC HEARING ON THE
MATTER FOR OCTOBER 22, 2002.
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, Ocean Waste and Recycling, LLC was awarded a Non - Exclusive Solid
Waste Franchise on June 12, 2001 and entered into a Commercial Solid Waste Collection
Franchise Agreement ("Franchise Agreement') with the City on or about that date; and,
WHEREAS, Section 4 of the Franchise Agreement requires Ocean Waste and
Recycling LLC to pay quarterly franchise fees to the City for the privilege of providing
commercial solid waste handling services in the City; and,
WHEREAS, Section 6 of the Franchise Agreement requires Ocean Waste and Recycling
LLC to submit quarterly reports to the General Services Director stating the total amount of
solid waste that franchisee collected in the City during the quarter; the total weight (in tons) of
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solid waste disposed of by franchisee at landfills and transfer stations; and the total weight and
the weight by material category (in tons) of solid waste disposed of by franchisee at recycling
and materials recovery facilities during the reportable quarter. Such quarterly reports are due on
or before the 15' day of the month following the end of the quarter; and,
WHEREAS, Ocean Waste and Recycling, LLC has failed to submit the quarterly
reports and franchise fees as required by the Non - Exclusive Franchise Agreement.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach
that:
1. A public hearing shall be conducted on October 22, 2002, at 7:00 p.m., or as soon
thereafter as practical, in the City Council Chambers, located at 3300 Newport Boulevard,
Newport Beach, California, to consider the termination of the franchise agreement with Ocean
Waste and Recycling, LLC. as a result of
a. Failure to pay franchise fees as required by Section 4 of the Nonexclusive
Franchise Agreement; and
b. Failure to submit the quarterly reports as required by Section 6 of the Non-
Exclusive Franchise Agreement.
2. 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 October 22, 2002.
ATTEST:
CITY CLERK
Adopted this 8th day October, 2002
2
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2002 -66 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 8th
day of October, 2002, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of October, 2002.
(Seal)
c *��� � (Ilae
City Clerk
Newport Beach, California