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ORDINANCE NO. 2018-3 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, GRANTING A NON-EXCLUSIVE <br />SOLID WASTE FRANCHISE TO PROVIDE COMMERCIAL SOLID <br />WASTE HANDLING SERVICES WITHIN THE CITY OF NEWPORT <br />BEACH <br />WHEREAS, the City Council of the City of Newport Beach ("City") finds and <br />determines the collection of municipal solid waste, recyclable materials, food scraps, green <br />waste and construction and demolition debris (collectively, "Commercial Solid Waste") <br />generated within the City is a vital public service; <br />WHEREAS, the City Council further finds and determines the collection, <br />transportation, storage, transfer, processing and disposal of Commercial Solid Waste <br />("Commercial Solid Waste Handling Services") is a matter of great public concern because <br />improper control of such matters subjects the City to potential liability, damages and <br />penalties and may create a public nuisance, air pollution, fire hazard, infestation and other <br />problems affecting the public health, safety and welfare; <br />WHEREAS, a non-exclusive franchise to operate, maintain, and provide Commercial <br />Solid Waste Handling Services along, across and over City's public streets, ways, alleys and <br />places ("Franchise") promotes the public health, safety and welfare by promoting <br />permanence and stability among those businesses wishing to provide such service and <br />accountability to the City for compliance with current and future state mandates; <br />WHEREAS, pursuant to Article XIII of the City Charter and Public Resources Code <br />Sections 40059, 49300, and 49500 through 49523, the City is authorized to enter into non- <br />exclusive franchise agreements for solid waste handling services with private solid waste <br />haulers; <br />WHEREAS, pursuant to City Charter Section 1301, a duly noticed public hearing was <br />held on March 27, 2018, to consider the granting of a Franchise on the terms and conditions <br />contained in Resolution No. 2018-12; <br />WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section <br />12.63.080, the City Council finds, on the basis of the application, information, materials, and <br />testimony submitted, that: <br />• The application submitted by Franchisee (defined below) complies with NMBC <br />Chapter 12.63; <br />• The Franchisee has not within the past three years: (1) had a Franchise <br />terminated by the City; and/or (2) operated a solid waste enterprise within the City <br />without a Franchise; <br />• Awarding this Franchise is in accordance with the objectives of NBMC 12.63; <br />• Granting a Franchise to Franchisee will not, under the circumstances of the <br />particular case, materially affect adversely the health or safety of persons residing <br />or working in the City or be materially detrimental to the public welfare or injurious <br />to property or public improvements; and <br />