HomeMy WebLinkAbout2002-28 - Granting Non-Exclusive Solid Waste Franchises to Southern California Environmental and Progressive Land Clearing, dba Thomas Demolition to Provide Solid Waste Collection Services Upon the City Streets and within the City of Newport Beach.ORDINANCE NO. 2002- 28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH GRANTING NON - EXCLUSIVE SOLID
WASTE FRANCHISES TO SOUTHERN CALIFORNIA
ENVIRONMENTAL AND PROGRESSIVE LAND CLEARING,
DBA THOMAS DEMOLITION TO PROVIDE SOLID WASTE
COLLECTION SERVICES UPON THE CITY STREETS AND
WITHIN THE CITY OF NEWPORT BEACH
The City Council of the City of Newport Beach does ordain as follows:
SECTION 1: Findings
A. Article XIII of the City Charter and Sections 49500 through 49523 of the Public
Resources Code authorize the City to enter into non - exclusive franchise agreements for
commercial solid waste handling services with private solid waste enterprises.
B. The City Charter and Chapter 12.63 establish requirements and procedures to
grant a franchise to provide solid waste handling services within the City of Newport Beach.
C. In compliance with the City Charter a duly noticed public hearing was held on
November 26, 2002, to consider the granting of franchises to Southern California
Environmental and Progressive Land Clearing, dba Thomas Demolition.
D. Having considered all oral and documentary evidence presented at the public
hearing, the City Council has determined that the granting of a non - exclusive franchise is in the
public interest.
SECTION 2: Definitions
All words, terms, phrases in this Ordinance shall have the meanings set forth in
Section 12.63.020 of Chapter 12.63 of the Newport Beach Municipal Code.
SECTION 3: Franchise Agreements
A. Grant of Franchises
There is hereby granted to the enterprises listed below (hereinafter, "Franchisee ") a
non - exclusive franchise to operate, maintain and provide solid waste handling services along,
across and over the public streets, alleys, public ways and public places dedicated for public use
in the City:
(a) Southern California Environmental
(b) Progressive Land Clearing, dba Thomas Demolition
B. Non- exclusive Grant
The right to use City streets, alleys, public ways and places for the purposes set forth
in this Ordinance, shall not be exclusive and the City reserves the right to grant a similar use of
streets, alleys, public ways and places to any person at any time during the term of this franchise.
C. Term of Franchises
The term of the franchise per Section 2 of the Franchise Agreement ( "Agreement ")
attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between
the City of Newport Beach and Southern California Environmental, and Exhibit B, Commercial
Solid Waste Collection Franchise Agreement between the City of Newport Beach and
Progressive Land Clearing, dba Thomas Demolition are hereby adopted, approved and
incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on December 25,
2002 and expire on January 9, 2006. The franchise shall take effect on the date specified above
provided that the grantee has filed written notice of acceptance in accordance with the
requirement of Section 4 of this Ordinance.
D. Franchise Fees
(1) During the term of the Agreement, Franchisee shall pay to City franchise fees for
the privilege of providing commercial solid waste handling services in the City of Newport
Beach and use of public streets, right of ways and places for such purposes. Fees shall be in the
following amounts:
Franchisee shall pay to the City 10.5% (ten and one -half percent) of the Franchisee's
gross receipts. Franchise fee payments shall be paid quarterly and shall be computed and paid on
the basis of paid receipts received by the Franchisee for all solid waste handling services
provided by the Franchisee within the City.
One -half of one percent (0.5 %) of the franchise fee shall be attributable to the
maintenance and implementation of the City's Source Reduction and Recycling Element
(SRRE), and shall be separately accounted for, and used only for the costs stated in Public
Revenue Code Section 41901 or any successor provisions.
(2) Franchisee shall pay to the City Environmental Liability Fund, on a quarterly
basis, 5.5% of gross receipts for all commercial solid waste handling services provided by the
Franchisee in the City. Payment shall be made concurrently with the payment of the franchise
fee and the filing of reports specified in Section 4 and Section 6 of the Agreements.
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E. Inclusion of Franchise Documents
Franchisee shall comply with and shall be bound by all of the terms, provisions and
conditions contained in the City Charter, this Ordinance, Chapter 12.63 of the Newport Beach
Municipal Code and the Franchise Agreement.
SECTION 4: Effective Date
This Ordinance shall become effective 30 days from and after the date of its adoption;
provided, however, franchises granted by this Ordinance shall not become effective unless and
until the grantee files written acceptance of the franchise with the City Clerk, and delivers to the
City all bonds and insurance policies required to be furnished in accordance with the
requirements of Chapter 12.63 of the Newport Beach Municipal code and the Franchise
Agreement. The written acceptance shall be in form and substance as prescribed by the City
Attorney and shall operate as an acceptance of each and every term, condition and limitation
contained in this Ordinance, the Franchise Agreement, Article XIII of the City Charter, and
Chapter 12.63 of the Newport Beach Municipal Code. The grantee shall file written acceptance
of the franchise no later than ten (10) days after the adoption of this Ordinance.
SECTION 5: CEQA Exemption
The City Council of the City of Newport Beach finds that this Ordinance is
categorically exempt under the California Code of Regulations Sections 15301 and 15308
defined as "existing operations and facilities" and as "actions by regulatory agencies for
protection of the environment" respectively. Use of the above exemption classifications are
appropriate because this Ordinance does not change nor expand existing solid waste operations
and facilities within the City. The Ordinance is also consistent with the goals of California State
Assembly Bill 939, The California Solid Waste Management Act as well as the objectives of the
City's Source Reduction and Recycling Element (SRRE). The City Manager is authorized to
execute and the City Clerk to file a Notice of Exemption with the Orange County Clerk.
SECTION 6: Severability
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, clause or phrase thereof,
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irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases
be declared unconstitutional.
SECTION 7: Adoption of Ordinance
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 12th day of November 2002, and adopted on the 26th day of
November 2002, by the following vote to wit:
AYES, COUNCIL MEMBERS Heffernan, O'Neil,
Bromberg, Glover, Adams, Proctor, Mayor Ridgeway
NOES, COUNCIL MEMBERS None
ABSTAINED, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMEBERS None
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 2002 -28 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
26th day of November 2002, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of November 2002.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2002 -28 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 daily
newspaper of general circulation on the following date, to wit: November 30, 2002.
In witness whereof, I have hereunto subscribed my name thisD day of
2002.
City Clerk
City of Newport Beach, California