HomeMy WebLinkAbout2017-1 - Temporarily Extending Nonexclusive Solid Waste Franchises from March 1, 2017 to November 8, 2017 to Ensure Adequate Provision of Solid Waste Collection Services Within the City of Newport BeachORDINANCE NO. 2017-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, TEMPORARILY
EXTENDING NONEXCLUSIVE SOLID WASTE FRANCHISES
FROM MARCH 1, 2017 TO NOVEMBER 8, 2017 TO ENSURE
ADEQUATE PROVISION OF SOLID WASTE COLLECTION
SERVICES WITHIN THE CITY OF NEWPORT BEACH
WHEREAS, Article XIII of the City Charter and Sections 49500 through 49524 of the
Public Resources Code authorize the City of Newport Beach ("City") to enter into
nonexclusive franchise agreements for commercial solid waste handling services with private
solid waste enterprises;
WHEREAS, the City Charter and Newport Beach Municipal Code ("NBMC") Chapter
12.63 establish requirements and procedures to grant a franchise to provide solid waste
handling services within the City;
WHEREAS, the City Council complied with state law, the City Charter and the NBMC
in granting nonexclusive franchise agreements for commercial solid waste handling services
to the private solid waste enterprises listed on Exhibit A, which is attached hereto and
incorporated herein by reference;
WHEREAS, the current nonexclusive solid waste franchise agreements are set to
expire on March 1, 2017; and
WHEREAS, the City desires to temporarily extend the term of solid waste franchise
agreements to November 8, 2017, to allow City staff time to evaluate the existing haulers and
agreements to ensure they are best serving the needs of the City's residents, businesses,
and visitors.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: The City Council authorizes the City Manager or his or her designee, to
execute an amendment, in a form substantially similar to the attached Exhibit B, which is
incorporated herein by reference, extending the term of existing nonexclusive franchise
agreements for commercial solid waste handling services to November 8, 2017. All other
provisions of the nonexclusive solid waste franchise agreements shall remain unchanged.
Section 2: In the event of any conflict between any nonexclusive solid waste
franchise agreement expiration term provided in this ordinance and any other previously
adopted ordinance, the expiration term in this ordinance shall prevail.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Ordinance No. 2017-1
Page 2 of 2
Section 4: If any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5: The City Council finds the introduction and adoption of this ordinance is
not subject to the California Environmental Quality Act ("CEQA") pursuant to Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because
it has no potential to have a significant effect on the environment.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published
pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 10th day of January, 2017, and adopted on the 24th day of
January, 2017, by the following vote, to -wit:
AYES: Council Member Herdman, Council Member Avery, Council Member
Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem
Duffield, Mayor Muldoon
NAYS:
ABSTAIN:
ATTEST:
S k5)R�
LEILANI I. BROWN. CITY CLERK
APPROVED AS TO FORM:
CITY ,TTORNEY'S OFFI E
C
�
AARON C. HARP, CITY ATTORNEY
KEVIN
Exhibits: (A) List of Current Solid Waste Franchise Haulers
(B) Draft Amendment Extending Commercial Solid Waste Collection
Nonexclusive Franchise Agreements until November 8, 2017
No.
Name
1
A2Z Recycling Services, Inc.
2
American Wrecking, Inc.
3
Athens Services
4
California Waste Services, LLC.
5
CR&R
6
Cousyn Grading and Demolition
7
Direct Disposal
8
Ecology Auto Parts, Inc.
9
GB Services, Inc.
30
Genesis Dispatch, Inc.
11
Goodwin Enterprises
12
Hartfield Construction Corp.
13
Haul Away Rubbish Service Co., Inc.
14
IRS Demolition
15
James Blomberg
16
JB Services
17
JD Demolition and Grading, Inc.
18
Kevin Ray Demolition
19
Key Disposal, Inc.
20
The Lane Company
21
Newport Coast Demolition
22
Praisler Hauling & Demolition, Inc.
23
Progressive Land Clearing, dba Thomas Demolition
24
Rainbow Disposal
25
RB Holt (Pacific Earthworks)
26
Robert's Waste Recycling, Inc.
27
Roche Excavating
28
Skyline Construction Services, Inc. dba Scor Industries
29
Southern California Environmental
30
Tierra Verde Industries
31
Tight Quarters, Inc.
32
Tim Greenlead Engineering
33
United Pacific Waste
34
Universal Bobcat & Hauling
35
Universal Waste Systems Inc.
36
Ware Disposal
37
Waste Management of OC
EXHIBIT B
AMENDMENT NO. ONE TO
COMMERCIAL SOLID WASTE COLLECTION
NONEXCLUSIVE FRANCHISE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
THIS AMENDMENT NO. ONE TO COMMERCIAL SOLID WASTE
COLLECTION NONEXCLUSIVE FRANCHISE AGREEMENT ("Amendment No. One")
is made and entered into as of this _ day of 2017 ("Effective Date"), by
and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City'), and a ("Franchisee"), whose
address is , and is made with reference to the following:
RECITALS
A. On , 20 , City and Franchisee entered into a Nonexclusive
Franchise Agreement for commercial solid waste collection services in.the City
("Agreement').
B. The Agreement is set to expire on March 1, 2017
C. The parties desire to enter into this Amendment No. One to extend the term of
the Agreement to November 8, 2017.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section —of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 8, 2017 ("Termination Date"), unless terminated earlier as set
forth herein ("Term").
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
FRANCHISEE:
Date:
By:
Date:
By:
[END OF SIGNATURES]
a
Page 2
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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 ordinance, being Ordinance
No. 2017-1 was duly introduced on the 10th day of January, 2017 at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 24th day of January, 2017, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Council Member Herdman, Council Member Avery, Council Member Dixon,
Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield,
Mayor Muldoon
NAYS: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of January, 2017.
r
Leilani I. Brown, MMC'
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2017-1 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: January 14, 2017
Adopted Ordinance: January 28, 2017
In witness whereof, I have hereunto subscribed my name this "day of
2017.
Leifani I. X41N111-1-
wn, MMC
City Clerk
City of Newport Beach, California
(Seal)