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Home My WebLink About15 - Non -Exclusive Commercial Solid Waste Franchises - Public HearingNOTICE OF PUBLIC HEARING CITY OF NEWPORT BEACH Consider Granting Non -Exclusive Commercial Solid Waste Franchises NOTICE IS HEREBY GIVEN on July 28, 2020, the City Council adopted Resolution No. 2020-70, declaring its intention to conduct a public hearing on August 25, 2020 to consider granting Non -Exclusive Commercial Solid Waste Franchises with an effective date of October 8, 2020 and an expiration date of October 7, 2027. Staff received and reviewed franchise applications from all entities listed in Resolution No. 2020-70. Following a public hearing, the City Council will consider an ordinance granting franchises to these entities. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on August 25, 2020, at the hour of 5:00 p.m. in the Council Chambers of the Newport Beach City Hall, 100 Civic Center Drive, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3055. SPECIAL NOTICE REGARDING COVID-19 Given the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19, we recommend that you submit your questions and comments in writing for City Council consideration by sending them to the City Clerk at cityclerk(a)-newportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, August 24, 2020, at 5:00 p.m. In addition, members of the public will have the ability to participate in this meeting telephonically. Please review the City Council Agenda for further instructions. The Agenda, staff report and corresponding documents will be posted to the City's website at www.newportbeachca.gov, by end of business day on August 20. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City's website. The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the COVID-19 virus. If you are unable to participate in the meeting via the process set forth in the agenda, please contact the Public Works at (949)644-3311 or PWlnfo newportbeachca.gov and our staff will attempt to accommodate you. ��a✓PoRT /s/ Leilani I. Brown, City Clerk v City of Newport Beach r � G_z ,q l F:0 N� Cos Angeles isimes PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined with Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Aug 12, 2020 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Fountain Valley, California on this 20th day of August, 2020. Lam/ �d [signature] 10540 Talbert Avenue Fountain Valley, CA 92708 7711054 - Newport Harbor News Press Combined With Daily Pilot Page 1 of 2 Cos Angeles isimes E D I A G R O UP LEGAL NOTICE CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING RESOLUTION NO. 2020-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER GRANTING NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND DIVERTIBLE MATERIALS HANDLING FRANCHISES WHEREAS, the City Council of the City of Newport Beach ("City') finds and determines that the collection of municipal solid waste and divertible materials, ii recyclable materials, food scrap; green waste, wootl waste, construction and tlemolition debris, and all he, materials that can be div,md from landfill disposal (collectively "Commercial Sold Waste-) general within the City is a vital public service; WHEREAS, the City Council further finds and determines thattha collection, transportation, storage, and disposal of municipal solid vests and the collection, transportation, processing, and divareion d processable municipal -lid waste and divadibla materials CCommeroial Franchise Services) is a matter of great public concern becauso Improper control d such matters subjadstlha Cltyte potential liability, tlamages antl penalties, and may create a public nuisance, air pollution, firs hazard, infestation and cher problems affecting the public health, safety and welfare; WHEREAS, the non-exclusive fmnchises for the use d public streets to provid. Commercial Franchsa Services promotes the public health, safety and welfare by providing permanence and stability among those businesses wishing to prwitle such service and accountability to the City for compliance with current and fuWra state mandates; WHEREAS, In 2017, the City Council adopted amodel non.exclusive commercial solid waste franchise agreement for private solid waste haulers and, thereafter, antered Into franchise agreements with a number d commaroial -lid vests, franchise haulers ("2017 Franchise), affective through November, S. 2024; WHEREAS, although the 2017 Franchise does not expire until November 8, 2024, on October 22, 2019, the City Council approved a naw model franchise agree- ment in compliance with Assembly Bill 1828 and Assembly Bill 341 (°2020 Franchise), dint expires in the year 2027; WHEREAS, the City has since r iht,d applications from 2017 Franchise holders and new applicants that wish to perform work under the 2020 Franchise; WHEREAS, pursuers to Article XIII of the City Charter, Chapter 12.63 (Solid W ate Management) of the Newport Beach Municipal Code C'NBMC'), and California Public Resources Code Sections 40059, 49300, and 49500 through 49523, or any.ucces., statutes, the City is auth.,i.ed to enter into non-axclusivafrenchisa agreements I Commercial Franchise Services with private -lid waste haulers, WHEREAS, pursuant to City Charter Section 1301 (Granting d Franchse), the City Council, prior to granting any frenchise, shall pass a resolution declaring its Intention te grant same, stating the name d the proposed g,.me s), the character d the frenchise, and the terms and conditions upon which it is proposed to be granded; and WHEREAS, such resolution shall fix and set ford, the day, hour and place when and where any persons having any inters. therein or any objection to the grending thereof may appear before the City Council and be heard thereon. NOW, THEREFORE, be it resolved by the City Council d the City d Newport Beach that: Section l: The City Council hereby tleclarea bs intention to grand non-ahodusiv,franchisees, subjectto the following general termsaM conditions ("Non-exclusive Franchise"): a atedrve date. October 8, 2020 b. Franchise fees. Sixteen percent(16%) d gross mondily receipts Five and one-half percentSS%). shall b ....... kd for the purposes d indamnitying and holding the City harrNessfrom emironmentel lisbililyassociatedwiththefrenchisoe'soperelionsin Me City The portion dthefranchisefee shall be paitlirrto the City's Environmental Liability Fund. One-half percent (0.5%) shall be attributable to the maintenance and implementation of the City's Source Reduction and Recycling Ebmank C. Term. October 8, 2020 to October, 7, 2027; d. Rates. The City shell not sat franchisees' bin rates; Indemnification. Franchisees shall ind rnnify and hold City harmless from penalties and tlamages for failure to meet state recycling requirements with respect to the portion d the Commercial Solid Waste stream collected by franchisees; f. Diversion requirements. Franchisees shall diver[a minimum d fifty-five percent (55%), subject to increase oce se es requiretl by state law, of all prssoble to Inicipal solid waste, recyclable materials, food a..ps and green waste collected by franchises Franchisees shall divert a minimum of saly-fns percent(65%),subject ncrease as required by state law, d all construction and demolition debris collected by franchsses; g. Disposal requirements. Franchisees shall dispose d Commercial Solid Waste, not cm,wise diverted, in Orange County landfills pursuant fo the City's vastedispowlagreeme wdhthe Countyof Orange. City meintainsthanghtto designate disposal 1-11iesto be used byfranchisees; h. Billing. Franchisees shall be responsible for all billing and collection for its accounts; I. Termination. Franchise shall not ba revoked unless franchisee has defaulted in the pertorrrence d any obligation &the 2020 Franchise, and the Franchise trey be terminated pursuant to Newport Beach Municipal Code Section 12.63140; J . Application requirements. Prior to obtaining the 2020 Franchise, franchisees shall designate the specific Commercial Franchise Services for which it deal—to apply and shall denronstrdte competence in and compliance with the City's insurance, equipment, and diversion requirements with respect to those Commerdal Franchise Services; k. Public education. Franchisees shall meet City's requirements toimplement recycling, diversion and sou reduction public education activities; I.Recyclingkiveraion programs. Franchisees shall implement and prwitle recycling and dwrsion programs for all customers subject to California State Assembly Bills 939, 341, and 1826, and the California Green Building Standards Code, codified in the Celifomia Code d Regulations Title 24, Part 11, ('CALG reen"); M. Hauler representatNe.French,— shall designate a representative to assist in implementing Sate -imposed recycling and dsersion programs and Compliance. Franchisees shall comply with all stale, federal Iswe and reguletlons, terms and conditions d the franchise agreement, the City Charter and the Newport Beach Municipal Code. Secdon2: The City intendsto grantthe 2020 Franchisetothafollowfng entities (collectively,°Proposetl Grantees', which currently hold 2017 Franchise and are presently licensed and permitted to conduct business in the City: a. Arakalian Enterprises, Inc. tlba Athens Services b. CR&R Incorporated; C. One. Disposal; d. Haul -Away Rubbish Service Co.; e. Interior Removal Specialist, Inc; f JD Demolition and Grading, Inc.; g. Rainbow Disposal Co., Inc.; h. Tight Quarters, Inc. I. Universal Waste Systems, Inc. j. Ware Disposal, Inc., and k. Waste Management Collection and Recycling, Inc tlba Waste Management of Orange County Should any of the above entities be granted a 2020 Franchise, and accept such 2020 Franchise, the rsspactbe entity's 2017 Franchise shall be abandoned at such time the 2020 Franchise is granted pursuant to City Charter Section 1303. Seedon3: The City int-dis te grantthe 2020 Franchise Wt. folcwing antities(coil.dively,'Propoaed Grantees"), which do not currently hold a franchise with the City: a. American Wrecking Inc.; b. Dail... Inc. tlba Pacific Coad Environmental; C. Kevin Ray Demolition lnc; and d. L.A.L. Services Inc. Secdon 4: The City Council shall conduct a public hearing on August 25, 2020 at 5,00 p.m, or as soon thereafter -is practical, in the City Council Chambers located '1 00 CNic CenterDMe,Nawport Beach,Caldornia,teconsidargrandingd,a Proposed Granteasthe2020Frenchiso. Personswhohweaninteredinorobjaction to the granting d the 2020 Franchise to the Proposed Grantees may appear before the City Council and be heard el that date and time. Sectlon6: The City Council d the City of Newport Beach find, the atloption d this resolution s categorically exempt from the California Emironmental Quality Ad ("CEQA') untler Sections 15301 and 15308 of the California Code d Regulations set forth in Title 14, Division 6, Chapter 3 which exempts "existing operations and facilities and 'adio,, by regulatory agencies for prdedion d the emimnmen[" Application d Sections 15301 and 15308 is appropriate because the resolution does not change nor ex p.nd..sting solid waste operations and facilities within the City This resolution is also c.—atand with the goals of California Sate Assembly Bills 939,341, and 1826, The California Solid Waste Management Act, CALGreen, as well nett. objedr,ee&the City's Source Reduction and Recycling Element. SectionS: Thereciitisprwidetlabwaaretrueand,,read,ndareincorporatedintethasubstentiveportiondthisresolution. Section T. If any section, subeedion, sentence, clause or phrase d this resolution is, for any reason, held to ha invalid or unconatior ional, such decision shall nit affect the validhy or conMiMionality dthe remaining portions of this resolution. The City sub Council hereby declares that it would have passed this resolution, and each section, subeedion, sentence, clause or phrase thereof, irrespective of the fad that any one or more sections sections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 6: Pursuant to City Charter Section 1301, in,. resolution Shall ba published in the City. official newspaper within fifteen(15) days d its adoption and at lead ten (10) day, prior to August 25, 2020. ADOPTED this 28tlh day d July, 2020. Idwll O'Neil, Mayor ATTEST: W Legend 1. Brown, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE h Asrm C. Hoop, City Atfomry Sold To: City of Newport Beach - CA11072031 100 Civic Center Dr Newport Beach,CA 92660-3267 Bill To: City of Newport Beach - CA11072031 100 Civic Center Dr Newport Beach,CA 92660-3267 7711054 - Newport Harbor News Press Combined With Daily Pilot Page 2 of 2 Cos Angeles isimes PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined with Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Aug 15, 2020 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Fountain Valley, California on this 20th day of August, 2020. fit/ �B [si nature] 10540 Talbert Avenue Fountain Valley, CA 92708 7713724 - Newport Harbor News Press Combined With Daily Pilot Page 1 of 2 dos .Angeles Times a NOTICE OF PUBLIC HEARING CITY OF NEWPORT BEACH Consider Granting Non -Exclusive Commercial Solid Waste Franchises NOTICE 15 HEREBY GIVEN on July 28, 2024, the City Council adopted Resolution No. 20270, declaring its Intention to conduct a public hearing on Auguse 25. 20211 to consider granting Non -Exclusive Commercial Solid Waste Franchises with an effective date of October 8, 2020 and an expiration date of October 7, 2027_ Staff received and reviewed franchise applications from all entities listed in Resolution No. 202470. Following a public hearing, the City Council will consider an ordinance granting franchises to these entities - NOTICE 15 HEREBY FURTHER GIVEN that said public hearing will be held on August 25, 202D, at the hour of 5:00 p,rn In the Council Chambers of the Newport Beach City Hall, 1Dt1 Civic Center Drive, Newport Beach, Callfoinia, at which time and place any and all persons Interested may appear and be heard thereon. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For inforrnation call (4441 644-3055- SPECIALN0111 1111 UgAMINQCOVID-t9 Given the Declaration of a State Emergency and Proclamation of Local Emergency related to CCVID- 19, we recommend that you submit your questions and comments in writing for City Council consideration by sending them to the City Clerk at cituderknewnartheachca.aov To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday. August 24, 2020, at SM p.m. In addition, members of the public will have the ability to participate in this meeting tefephonically. Please review the City Council Agenda for further instructions- The Agenda, staff report and corresponding documents will be posted to the City's website at www-nemmarthoachea go v by end of business day on August 20. While the City does not expect there to be any changes to the above process for participating in this meeting, If there Is a change, the City will post the information as soon as possible to the City's website. The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the COV D-19 virus. If you are unable to participate In the meeting via the process set forth in the agenda, please contact the Public Works at 1949)6443311 of PW]nfo�,.newoortbeachca.aov and our staff will attempt to accommodate you. k ' Isl l.eilanr I. Brown, City Clerk s City of Newport Beach Sold To: City of Newport Beach - CA11072031 100 Civic Center Dr Newport Beach,CA 92660-3267 Bill To: City of Newport Beach - CA11072031 100 Civic Center Dr Newport Beach,CA 92660-3267 7713724 - Newport Harbor News Press Combined With Daily Pilot Page 2 of 2