HomeMy WebLinkAbout95-118 - Solid Waste Haulers Franchise AgreementRESOLUTION NO. 95 -118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THE CITY OF NEWPORT BEACH DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING TO
CONSIDER THE GRANTING OF NON - EXCLUSIVE
FRANCHISES FOR COMMERCIAL SOLID WASTE HAULERS
WITHIN THE CITY OF NEWPORT BEACH
• WHEREAS, the City is required by State law to divert 25% of
the City's solid waste from landfills by the year 1995 and 50% by
the year 2000.
WHEREAS, the City has managed commercial solid waste
collection services in the City pursuant to an annual permit system
for the past five years.
WHEREAS, the City is concerned that the existing solid waste
permit system does not represent the best administrative system
available for the management of the collection and disposal of
commercial solid waste.
WHEREAS, the City desires to supersede and substitute the
permit system with a requirement that commercial solid waste
haulers obtain a franchise prior to operating within the City
limits.
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.
WHEREAS, the existing permitted solid waste haulers have
received notice from the City during May 1990, pursuant to Public
Resources Code Section 49520 and 49521, that future commercial
solid waste collection and recycling services may be authorized
under exclusive or non - exclusive franchises.
WHEREAS, the City Council finds and determines, in order to
• meet the requirements of State Law, including requirements for
source reduction of the solid waste stream, diversion of solid
waste from landfills and conservation of natural resources, and
provide protection to the City from possible CERCLA liability, it
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is necessary to regulate the collection of solid waste from
commercial premises through the requirements of a franchise.
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, rat and insect
infestation, and other problems affecting the public health, safety
and welfare.
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 among other
things 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.
NOW, THEREFORE, be it resolved by the City Council of the City
of Newport Beach that:
1. A public hearing shall be conducted on November 13, 1995,
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 of the
below listed solid waste haulers pursuant to the following terms
and conditions:
a. Implementation date: January 1, 1996.
b. Monthly franchise fee: 5.5% of gross monthly receipts
for the first year increasing by 1% per year with a cap
of 10.5 %.
C. Term: Ten years with renewal rights upon mutual agreement
• of the franchisee and City.
d. Bin rates: No set rates.
e. Franchisee shall indemnify and hold harmless City from
environmental liability for the franchisee's operations
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in the City and payment of $3 /ton towards purchase of
insurance against environmental liability and /or into an
environmental liability fund.
f. Franchisee shall indemnify and hold harmless City from
penalties and damages for failure to meet current and
• future state recycling requirements.
g. Location of disposal: City right to designate location of
landfill.
h. Billing and collection responsibility: Private haulers.
i. No revocation of franchise unless there is a default
under the agreement.
j. Minimum hauler qualifications -- Liability insurance,
suitable equipment, knowledge of solid waste regulations,
load check programs, etc.
k. Public education requirements provided by haulers to
customers on recycling and source reduction.
1. City authority to annually audit hauler's financial
records relating to the payment of fees required under
the franchise.
M. Compliance with all State, Federal laws and regulations,
terms and conditions of 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 listed solid waste
haulers who are presently licensed and permitted to conduct solid
waste collection activities 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 in
Paragraph 1 above.
a. A- Trojan Disposal, John K.
• b. Browning- Ferris Industries,
C. Costa Mesa Disposal, Ramon
d. Federal Disposal, Don Shub
e. 5 Star Rubbish, Anthony M.
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Agamalian, President.
John Deckard, General Manager.
O. Rangel, President.
in, President.
Otting, President.
f. Great Western Reclamation, Ed Caliri, General Manager.
g. Haul Away Containers, Norton Smith, General Manager.
h. Orange Disposal Service, Sam Hambarian, President.
i. Orco Disposal, Norton Smith, General Manager.
j. Rainbow Disposal, Stanly F. Tkaczyk, Vice - President.
• k. South Coast Refuse, Edward Arakelian, President.
1. Ware Disposal, Judith Ware, President.
M. Waste Management of Orange County, Robert J. Coyle,
Division President.
n. Western Waste, Vic Mazmanian, Division Manager.
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 November 13, 1995.
ATTEST:
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Adopted this 19th day of October 1 1995
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