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RESOLUTION NO. 2020-27 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, DECLARING ITS <br />INTENTION TO CONDUCT A PUBLIC HEARING TO <br />CONSIDER GRANTING NON-EXCLUSIVE COMMERCIAL <br />SOLID WASTE AND DIVERTIBLE MATERIALS HANDLING <br />SERVICES FRANCHISES <br />WHEREAS, the City Council of the City of Newport Beach ("City") finds and <br />determines that the collection of municipal solid waste and divertible materials, including <br />recyclable materials, food scraps, green waste, wood waste, construction and demolition <br />debris, and all other materials that can be diverted from landfill disposal (collectively <br />"Commercial Solid Waste") generated within the City is a vital public service; <br />WHEREAS, the City Council further finds and determines that the collection, <br />transportation, storage, and disposal of municipal solid waste and the collection, <br />transportation, processing, and diversion of processable municipal solid waste and <br />divertible materials ("Commercial Franchise Services") is a matter of great public concern <br />because improper control of such matters subjects the City to potential liability, damages <br />and penalties, and may create a public nuisance, air pollution, fire hazard, infestation and <br />other problems affecting the public health, safety and welfare; <br />WHEREAS, the non-exclusive franchises for the use of public streets to provide <br />Commercial Franchise Services promotes the public health, safety and welfare by <br />providing permanence and stability among those businesses wishing to provide such <br />service and accountability to the City for compliance with current and future state <br />mandates; <br />WHEREAS, in 2017, the City Council adopted a model non-exclusive commercial <br />solid waste franchise agreement for private solid waste haulers and, thereafter, entered <br />into franchise agreements with a number of commercial solid waste franchise haulers <br />("2017 Franchise"), effective through November 8, 2024; <br />WHEREAS, although the 2017 Franchise does not expire until November 8, 2024, <br />on October 22, 2019, the City Council approved a new model franchise agreement in <br />compliance with Assembly Bill 1826 and Assembly Bill 341 ("2020 Franchise"), that <br />expires in the year 2027; <br />WHEREAS, the City has since received applications from 2017 Franchise holders <br />and new applicants that wish to perform work under the 2020 Franchise; <br />