HomeMy WebLinkAbout97-1 - Solid Waste Franchise• RESOLUTION NO. 97 -1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THE CITY OF NEWPORT BEACH DECLARING
ITS INTENTION TO CONDUCT A PUBLIC HEARING
TO CONSIDER THE GRANTING OF NON - EXCLUSIVE
FRANCHISES FOR ADDITIONAL CONMERCIAL SOLID
WASTE HAULERS WITHIN THE CITY OF NEWPORT
BEACH
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,
• rat and insect infestation, and other problems affecting the
public health, safety and welfare.
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 among other
things 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.
WHEREAS, pursuant to Article XIII of the City Charter and
pursuant to Sections 49500 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.
Res, 97 -1
NOW, THEREFORE, be it resolved by the City Council of the
• City of Newport Beach that:
1. A public hearing shall be conducted on January 27,
1997, at 7:00 p.m., or as soon thereafter as practical in the
City Council Chambers, 3300 Newport Boulevard, Newport Beach,
California, to consider the granting of a franchise to each of
the below listed solid waste haulers pursuant to the following
terms and conditions:
a.
Implementation date: March 1, 1997.
b.
Monthly franchise fee: 6.5% of gross monthly
receipts for the first year increasing by 1% per year
with a cap of 10.5 %.
C.
Term: Nine years with renewal rights upon mutual
•
agreement of the franchisee and City.
d.
Bin rates: No set rates.
e.
Franchisee shall indemnify and hold harmless City
from environmental liability for the franchisee's
operations in the City and pay to the City
Environmental Liability Fund 5.5% of gross receipts
for all commercial solid waste handling services
provided by the Franchisee in the City during the
prior reporting period.
f.
Franchisee shall indemnify and hold harmless City
from penalties and damages for failure to meet
current and future state recycling requirements.
g.
Location of disposal: City right to designate
•
location of landfill.
Res. 97 -1
2. The City proposes to offer a non - exclusive solid
waste collection franchise to each of the following listed solid
waste haulers who are presently licensed and permitted to
conduct solid waste collection activities in the City. Persons
who have an interest in or objection to the proposed franchises
may appear before the City Council and be heard on the date and
time listed in Paragraph 1 above.
a. Zakaroff Services, Rouben Kandilian, President
b. Tight Quarters, Inc., Telford T. Cottam, President
•
h.
Billing and collection responsibility:
Private
•
haulers.
i.
No revocation of franchise unless there is
a default
under the agreement.
j.
Minimum hauler qualifications: Liability
insurance,
suitable equipment, knowledge of solid
waste
regulations, load check programs, etc.
k.
Public education requirements provided by haulers to
customers on recycling and source reduction.
1.
City authority to annually audit hauler's
financial
records relating to the payment of fees
required
under the franchise.
M.
Compliance with all State, Federal
laws and
•
regulations, terms and conditions of
franchise
agreement, City Charter and Municipal Code.
2. The City proposes to offer a non - exclusive solid
waste collection franchise to each of the following listed solid
waste haulers who are presently licensed and permitted to
conduct solid waste collection activities in the City. Persons
who have an interest in or objection to the proposed franchises
may appear before the City Council and be heard on the date and
time listed in Paragraph 1 above.
a. Zakaroff Services, Rouben Kandilian, President
b. Tight Quarters, Inc., Telford T. Cottam, President
•
Res. 97 -1
3. 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 January 27,
1997.
ATTEST:
CITY CLERK
•
•
Adopted this 13th day of January, 1997
YOR
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
resolution, being Resolution No. 97 -1, 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 13th
day of January, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of January, 1997.
u
(Seal)
•
u6107L�4, -� 17) /6j" ,
City Clerk of the City of
Newport Beach, California