HomeMy WebLinkAbout20 - Non-Exclusive Commercial Solid Waste Franchise Agreement - Public HearingPUBLIC HEARING NOTICE
RESOLUTION NO. 2023-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A
PUBLIC HEARING TO CONSIDER GRANTING A NON-EXCLUSIVE
COMMERCIAL SOLID WASTE AND DIVERTIBLE MATERIALS
HANDLING FRANCHISE
WHEREAS, the City Council of the City of Newport Beach ("City") finds and determines that the
collection of municipal solid waste and divertible materials, including recyclable materials, food scraps,
green waste, wood waste, construction and demolition debris, and all other materials that can be
diverted from landfill disposal (collectively "Commercial Solid Waste") generated within the City is a
vital public service;
WHEREAS, the City Council further finds and determines that the collection, transportation,
storage, and disposal of municipal solid waste and the collection, transportation, processing, and
diversion of processable municipal solid waste and divertible materials ("Commercial Franchise
Services") is a matter of great public concern because improper control of such matters subjects the
City to potential liability, damages and penalties, and may create a public nuisance, air pollution, fire
hazard, infestation and other problems affecting the public health, safety and welfare;
WHEREAS, the non-exclusive franchises for the use of public streets to provide Commercial
Franchise Services promotes the public health, safety and welfare by providing permanence and
stability among those businesses wishing to provide such service and accountability to the City for
compliance with current and future state mandates;
WHEREAS, on October 22, 2019, the City Council approved a new model franchise agreement
in compliance with state law ("2020 Franchise"), that expires in the year 2027;
WHEREAS, the City has since received applications from new applicants that wish to perform
work under the 2020 Franchise;
WHEREAS, pursuant to Article XIII (Franchises) of the City Charter, Chapter 12.63 (Solid
Waste Management) of the Newport Beach Municipal Code ("NBMC"), and California Public Resources
Code Sections 40059, 49300, and 49500 through 49523, or any successor statutes, the City is
authorized to enter into non-exclusive franchise agreements for Commercial Franchise Services with
private solid waste haulers;
WHEREAS, pursuant to City Charter Section 1301 (Resolution of Intention. Notice and Public
Hearing), the City Council, prior to granting any franchise, shall pass a resolution declaring its intention
to grant same, stating the name of the proposed grantee(s), the character of the franchise, and the
terms and conditions upon which it is proposed to be granted; and
WHEREAS, such resolution shall fix and set forth the day, hour and place when and where any
persons having any interest therein or any objection to the granting thereof may appear before the City
Council and be heard thereon.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council does hereby declare its intention to grant the non-exclusive
franchise, subject to the following general terms and conditions ("Non -Exclusive Franchise"):
a. Effective date. October 27, 2023;
b. Franchise fees. Sixteen percent (16%) of gross monthly receipts. Five and one-half
percent (5.5%), shall be earmarked for the purposes of indemnifying and holding the City harmless
from environmental liability associated with the franchisee's operations in the City. This portion of the
franchise fee shall be paid into 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
Element;
C. Term. October 27, 2023 to October 7, 2027;
d. Rates. The City shall not set franchisees' bin rates;
e. Indemnification. Franchisees shall indemnify and hold City harmless from penalties and
damages for failure to meet state recycling requirements with respect to the portion of the Commercial
Solid Waste stream collected by franchisees;
f. Diversion requirements. Franchisees shall divert the minimum amounts required by state
law, of all processable municipal solid waste, recyclable materials, food scraps, green waste, and
construction and demolition debris collected by commercial franchisees;
g. Disposal requirements. Franchisees shall dispose of Commercial Solid Waste, not
otherwise diverted, in Orange County landfills pursuant to the City's waste disposal agreement with the
County of Orange. City maintains the right to designate disposal facilities to be used by franchisees;
h. Billing. Franchisees shall be responsible for all billing and collection for its accounts;
i. Termination. Franchise shall not be revoked unless franchisee has defaulted in the
performance of any obligation of the 2020 Franchise, and the Franchise may be terminated pursuant
to Newport Beach Municipal Code Section 12.63.140 (Solid Waste Management - Termination);
j. Application requirements. Prior to obtaining the 2020 Franchise, franchisees shall
designate the specific Commercial Franchise Services for which it desires to apply and shall
demonstrate competence in and compliance with the City's insurance, equipment, and diversion
requirements with respect to those Commercial Franchise Services;
k. Public education. Franchisees shall meet City's requirements to implement recycling,
diversion, and source reduction public education activities;
I. Recycling/diversion programs. Franchisees shall implement and provide recycling and
diversion programs for all customers subject to California State Assembly Bills 939, 341, and 1826,
Senate Bill 1383, and the California Green Building Standards Code, codified in the California Code of
Regulations Title 24, Part 11, ("CALGreen");
M. Hauler representative. Franchisees shall designate a representative to assist in
implementing State -imposed recycling and diversion programs; and
n. Compliance. Franchisees shall comply with all state, federal laws and regulations, terms
and conditions of the franchise agreement, the City Charter and the NBMC.
Section 2: The City intends to grant the 2020 Franchise to Robert's Waste & Recycling
("Proposed Grantee"), which currently holds a 2017 Franchise and is presently licensed and permitted
to conduct business in the City.
Should the Proposed Grantee be granted a 2020 Franchise, and accept such 2020 Franchise,
the Proposed Grantee's 2017 Franchise shall be abandoned at such time the 2020 Franchise is granted
pursuant to City Charter Section 1303.
Section 3: The City Council shall conduct a public hearing on September 12, 2023 at
4:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers
located at 100 Civic Center Drive, Newport Beach, California, to consider granting the Proposed
Grantee the 2020 Franchise. Persons who have an interest in or objection to the granting of the 2020
Franchise to the Proposed Grantee may appear before the City Council and be heard at that date and
time.
Section 4: The City Council finds the adoption of this resolution is categorically exempt from
the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 and 15308 of the
California Code of Regulations set forth in Title 14, Division 6, Chapter 3 which exempts "existing
operations and facilities" and "actions by regulatory agencies for protection of the environment."
Application of Sections 15301 and 15308 is appropriate because the resolution does not change nor
expand existing solid waste operations and facilities within the City. This resolution is also consistent
with the goals of California State Assembly Bills 939, 341, and 1826, Senate Bill 1383 and The
California Solid Waste Management Act, CALGreen, as well as the objectives of the City's Source
Reduction and Recycling Element.
Section 5: The recitals provided above are true and correct and are incorporated into the
operative portion of this resolution.
Section 6: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it
would have passed this resolution, and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be
declared invalid or unconstitutional.
Section 7: Pursuant to City Charter Section 1301, this resolution shall be published in the
City's official newspaper within fifteen (15) days of its adoption and at least ten (10) days prior to
September 12, 2023.
ADOPTED this 22nd day of August, 2023.
/s/ Noah Blom, Mayor
ATTEST:
/s/ Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
/s/ Aaron C. Harp, City Attorney
dos Angeles isimes
ME D L A G R O UP
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):
Sept 02, 2023
I certify (or declare) under penalty of perjury that the foregoing is true
and correct.
Dated at Fountain Valley, California
on this 7th day of September, 2023.
fit/ �e
[signature]
10540 Talbert Avenue
Fountain Valley, CA 92708
7950038 - Newport Harbor News Press Combined With Daily Pilot
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dos ,Angeles Times
IE D I A
Sold To -
G R O U P
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
7950038 - Newport Harbor News Press Combined With Daily Pilot
Pull REARINGNOTIEE
RESOLUTION NO.11 ere
A RE50LtmON OF THE CNY COUNCIL OF THE CITT OF NLINPORT
BEACH, CAUF011 DECLARING IT5 INTENTION TO CONWCT A
PUBLIC HEARING TO CONSIDER GRANTING A NON-EXCLUOVE
COMMERCIAL SOLID WASTE AND OrVlH 9GE MATERIALS HAHOUNG
FRANCHISE
WHEREAS, the Cdy CaunW tithe Citya Newpa[ Beach IYltrl fills and de[etminn
I
the mllestion of munkipal slid wane and throne, mmedas, ii.1 iy rerycubk
Zah, feed ScrapA green wood wa#e. CM,p9ctlen and demalrrien yeti.., any all
maleriak that can be disersed frwn landfill dlsposal frnllen-ly'Commeteial Solid
III ge—i wl— the Cry is a vital puhlk servM:e
WHEREAS, the Ciry COlmctl further Fro, all detemsines that the collodon.
anspomti- — qe. and d'nposal of ro Mtlpal sand wa and I collection,
ampatallm, pta mang. and dyer —a pnaes,bN mumctpd wlid wmlaand dlvemblc
orals IT.In 1.1 Ftanch- Si Is a manor or great public concern because
m Pi r9nVol of such metNN wbiecu Me laity to po[endal liadhh, damages and
portables. and may veav a puan nuke:e, a: pdiution (ere hau,d, inhslauan and Thor
problems affoi me nnbk health. of ty and —ii
WHERE►S, the Irani franchlia. I.,[te use of psaMrc Its n to p[eulec
Commercial Fvndrise Senivkes pmmeta the public health, vfeey and weNare by pmwdo,
permanence and -only among dwae busina,es -fii M pmaide +urh -mire and
aceoun[abillty t9 Me CAy br canplw'Rh arand future sta[ewnndatts:
wxEREAs, a, ortnber zz 2
1 pl9, Me e" C—m,l appwr-d a new model ra.�Iw
agreement Incompliance w+Ih sole Wx I.2d1ft Frasrhrre'I, oat eaplr-s In Meyear 202):
1Y11FREA5, me Ci[y ha sort- rrceiv[d a Ikations Eom nest appIi— than —hm
pedorm wort under din — Forrhne;
WHEREAS, pursuan to An0el--111 I'a nalsnl of,i City Charm. Chapter U63 15d1ld
Waste Management)a Me Newport Bead. MunicipaE Code MBAIC"}. and Cal— iaPalR
Pesoocn Cede Saalma 4pp59, 493Bd, end a95p0 Mreugh a95)3, a any vrcma aUlaaa.
the Cty Ia author..d 10 11rat� Imo n-eaedusix fianchise agrennrnD for Corr a ial
Franchise Services vdth pinata sold waste handers
WHEREAS, pu i— I, ern Charter 5enldn 1301 IRmlution a Insention. Nadi and
IHearirsgl, the Clry Council, poor m giantitg any franchhe, shaft pa, a ni-1 on
detlarmg Iu ni—non M grant same. iiii the name a the proposed gramcelsl. [ha
,haracrer of the frandi and the coma and oandloons upon whi,h A N proposed w be
granted:and
WHEREAS, wch Filoko-+hag Ba and Fillforth the day, h— and pine whin antl
where any persom having any n[erest Duvehl or sy rbjeclion to the grmtmg thorn( may
appear More the aty [ourcd and he heard thereon_
NOW,THEREf9RE, the City C—ndl of the City of Newport Read) .-nation as hAluws:
Serdon T_ the th City Council does hereby .)-dare its M gam e no
-acli RaMhh-. subject In dr- falprdng general ttnms all Cendldens I'NenFxdusW-
F-6ise 7'�
Eff—I, dale_ Octeher 2), 2(D3;
b, Franchise Fees. 51Fteen iaescent S15%i of gross monthly re5apta. Fire and one
Mf permR Ib5%), shall heearmad d forth- W rPoces airldemnifyiry all boding rie Clly
handers hem enwrenmenrni Ldbl lly eaecleted MIN Ale Iranchlr-es.pestle.. In the Clty
Ills pal 'the Alancldse fee shall be paid inn the CA,1,i Enrimnm-1 Liability Al
Ipenrent l0541 shall be and .l Imamterranceall rnpdemenmxwn d+M
Cwil Source Radii and liii Tlog Element
Term. Cctober27, M23 m October 3, 202):
tl, Rotes The Ciryshall no[se[hanchueei bin rate:
Ii.
Irldemnifintion. Franchisees shall ind iy and had City harmless horn
panaltles and tlamages for tail.- I.—.— state reryding rryuil-ments with respect to the
portion a the CaamernaI Solid! Waste strw m collected by franrhseN:
1. oraernpn regueements. Ftarstlstsees shall dNem the ninumwm onoom required
by+rale law, of allpace„aGe munlnpal+ol A wane, tecycla le ma[eculs, footl snaps, green
te, and mmtr—tivn and demul'rtien debdscdkcted by cumrrercul (rarkhiser.: was g. Disposal requmemenu. Franrhrsec shall dAposeaCdnvrl-trial sole Waste not
ol'— dfrened, In Orange Caunh Undfills punuam to the Cthe waste disfsmal
agreement wAh the Cmmy I @ange. Ciry n ainfo- the right W designate dbI
fecllAks In be _ try kandflim
h, &Iilsg. Franchisees shall be napuntihle far all filling and-Ilotion fa ih
ac Tvminatim- Fanrhne .Nall not be .-eased pN-sa frdrsch sa has dK ulaed N
I perbrmmne of any obligation of Me 2WO F—h. and Me F.— may b-
rmmel-d puniunl M Newport Reach Munldpal U.I. ISnim Waste
Managerllenl-TermWinionl,
I. Applla[im toga lremenn Frio. In rang—g fie IM Franchise, frandnim
shall desgnaa th 'porfic Co-namial Fnancnis- 5ef,3rel for whlch A de tc apply all
shag demonsmce mmpaersre in all complianu with the CM1ys insu= rynI—,, and
dismsione Inona-withrespect-those ConmerCWFanch-S —:
L f Ni edo.n- F—Illsees shall meet Ciry, rot.i. ants to implmknl
—ry nr .diversion,ands-rce reducdon public of—laon acivides',
I. RixKI ngldivenim prograns. Framhbees shag IIAMeraenl and pmvlde
rec5ding and diversion program for all customers tabled to I deal. State Assemby Bills
939. 3111. all 1824 Senate 941 1310, all the Calil la Green Boil g Standards Cade
radifredin the CalR ri Cade, Reydaaiods TRIe 2l Pan 11. .nrreenS:
Hauler repreYntavm, Fanchisees shall rksglute a represematim in
assin in
nrri 7
nnnq SuledinposM Iecycling and dwersbn Way— and
Cempsanare. FrancMsea shall mmplyssith all mere, federal taws and regulations,
rtn con to nddaonsalhelraaM1tse agreement lire Cily Oarlaantl the NBh1C
SardaAl: iheCny imends to grant Me 202O Ffanrhiteb Robert's WamdRerydWq
I'Pra d 6— L whidr caholds a 2H17 F od— and Is presently licensed and
p--iri-d ni d. nendy basin-, In the On,
Should Me Proposed Grantee be granted a 2— Franchise, and accept such 2G20
Frandrix, ore Aoposed Grandee's cotyfmncldse shall Ixa ano] at wchlimedre man
Fansmuisgranted pwsuanttoCIry Chao 5ect'mn13d3.
Surdnn3 ThnGh Council dvN andunaprilN heariml en5mtnmbw li ]p33
at ebb pm. n torn Merwher err the mntw may M M1nnrn! In ,b [Fly C—ndl
grRntlry an tPr000s-d Graam Nr 2020 Faradhim. Persons who have Interest m or
object whe F.1.11.11 lthe2020 Franci to Me FroposM Wantee mayappear before
tfie Ciry Coursdl and be heard at that date and tune
See6a14: The Cry Council find, the adoption of Mls resaudan h cmgon i
exempt horn the Gl Hernia Ermronmental Ooailty Act I'CECIA'1 purswmto 5ecyons I-1
and ISM a the Call(anu Lode of Flagainkr,ii set forth M Trde 14 IN... G Chapter 3
.hlrh eaempG "eaisWg aperaion+ and fo ies• and -a— W Rg.1i agi:ncles for
protection a the ern0onment' AlrPll�ion of Sections 15301 and 15— A appropdin,
beaus- d resolution tloes — drIiii nor a iji IAi +bltl wane operation+ antl
Faril_ -il ti City This tee Jotoin h abe cunsistmt vdih the goals of CalAania Slot -
Assembly Bigs 939, xiu . and IBM Saute III I— and the Callhsmia Sdid Waste
Manageln-nr Att CALGneery a+ "1 at Ill able[twes of the City, So— ReduttWn and
Per InSFlemem,
Sertlan S: Th-recitalspmltletl above axe lwe and correct all are mrapaated into
the operative Pennon olthnre whoa.
Seetlen 6� Harry section, vbsection, sentme, .lease o phrae of dris resdra[on Is,
far any reayax heltl to b- Inealld or p -'rihnlnral, sKh dtthwn ,hall .)'till th-
ralldhy o mnsdtud—allry core remaining an— of dlis msotudon. The Ciry C—nsnil
hereby declares Mat ll world Nave paned Min rcseluden, all "'h Iortao, suhsenien,
w phrase then:ef, Irres— a IAe fax thin any erne a — secdom.
subsectiomasenurl[xs. douses, orphrases be dxlaed invalid or uncansmtnionzl,
Sarli pavan m Ciry "a"M 5t"' I3D.1t—',a~'h.IjFa'Ftoido
[he C'lty+ n—t newspaPnw'rdtin flNeen 11 SI days aid adoption and a[ kart [en E101 days
Pr'Ior to September 12, 1e23.
ADOPTED In-, 22nd dry of August 2023.
h) Noah Obm, Mayor
ATTEST
1st Lnlaa I. Bi—ti, Chy Clerk
APPROM ASTO FOW..
C"ATTORNE-0l' Ri
1st Aaron C, Fd City Anoi—y
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