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Home My WebLink About2013-81 - Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non-Exclusive Commercial Solid Waste Franchise to G.O. Rodriguez Trucking, Inc., a California CorporationRESOLUTION NO. 2013 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER THE GRANTING OF A NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE TO G. O. RODRIGUEZ TRUCKING, INC., A CALIFORNIA CORPORATION 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, infestation and other problems affecting the public health, safety and welfare; and, 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 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; and, WHEREAS, pursuant to Article X111 of the City Charter and pursuant to Sections 49540 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; and, WHEREAS, G. O. Rodriguez Trucking, Inc., a California corporation, has submitted an application requesting a non - exclusive Solid Waste Franchise that satisfies the City's application requirements. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that: 1. Pursuant to Section 12.63.080 of the Municipal Code City Council shall approve or conditionally approve an application for a franchise if, on the basis of the application, information, materials, and testimony submitted, the City Council finds that: a. The application complies with Chapter 12.63 of the Newport Beach Municipal Code; b. That the applicant or any person responsible for the management of the entity submitting the application has not within the past three years had: (1) a franchise for commercial solid waste handling services terminated by 1 the City, and /or (2) operated a solid waste enterprise within the City without a franchise; C, That awarding the franchise is in accord with the objectives of Chapter 12.63 of the Newport Beach Municipal Code; d. That granting of such franchise will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the City or be materially detrimental to the public welfare or injurious to property or public improvements; and e. That the applicant has sufficient experience, equipment or recycling plan to safely comply with the requirements of the franchise agreement. 2. A public hearing shall be conducted on November 26, 2013 at 7:00 p.m., or as soon thereafter as practical in the City Council Chambers, 100 Civic Center Dr, Newport Beach, California, to consider the granting of a franchise to the applicant listed under Item 2 below pursuant to the following terms and conditions: a. Franchise effective date: December 27, 2011 b. Franchise fee: 16% of gross monthly receipts. C. A portion of the Franchise fee, 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. d. Term of Franchise: December 27, 2013 to March 1, 2017 with renewal rights upon mutual agreement of the franchisee and City. e. The City shall not set the Franchisee's bin rates. f. To the maximum extent permitted by law, Franchisee shall indemnify, hold harmless, and defend the City, its officials, officers, employees, agents, consultants, volunteers, representatives, and attorneys from and against any costs, expenses, damages, and losses arising directly or indirectly from or caused by the persons' acts or omissions, negligence, or violation of any Federal, State or local law, ordinance, statute, or regulation. g. Designated disposal facility: City maintains the right to designate disposal facilities to be used by Franchisee. h. Franchisee shall be responsible for all billing and collection for its accounts. i. The City Council shall have the right to terminate or suspend the franchise agreement if the Council finds, after hearing, that the Franchisee has 2 failed to comply with, or to do anything required of the Franchisee by Chapter 12.63 of the Municipal Code, or that Franchisee has violated any provision of the ordinance granting the franchise, including, but without limitation, failure to timely pay all franchisee fees, provide records in accordance with the City's request, file required reports, or has violated any provision of the franchise agreement or any Federal, State or local law or regulation applicable to franchisee's operations under the franchise. j. Prior to obtaining a Solid Waste Franchise, the applicants shall satisfy the City's minimum qualifications regarding liability insurance, equipment, knowledge of solid waste regulations, load check programs, etc. k. Franchisee shall meet the State and City's requirements to implement recycling and source reduction public education activities. 1. City has authority to annually audit Franchisee's financial records relating to the payment of fees required under the franchise. M. Franchisee shall comply with all State, Federal laws and regulations, terms and conditions of the franchise agreement, City Charter and Municipal Code. 3. The City proposes to offer a non - exclusive solid waste collection franchise to the following applicant listed below that are presently licensed and permitted to conduct business in the City. Persons who have an interest in or objection to the proposed franchise may appear before the City Council and be heard on the date and time listed above. a. G. O. Rodriguez Trucking, Inc., a California Corporation 4. 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 26, 2013. ADOPTED this 12th day of November, 2013. Keith D. Curry, Mayor SE A. 1 Brown, Leilani 1. 33 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 1, Leilani 1. 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 resolution, being Resolution No. 2013 -81 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 12�h day of November, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of November, 2013. City Clerk Newport Beach, California (Seal)