HomeMy WebLinkAbout97-71 - Solid Waste Franchise Agreement• RESOLUTION NO. 97 - 71
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 COMMERCIAL 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 -71
NOW, THEREFORE, be it resolved by the City Council of the
. City of Newport Beach that:
1. A public hearing shall be conducted on September 22,
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: October 22, 1997.
b. Monthly franchise fee: 6.5% of gross monthly receipts
until January 1, 1998 increasing by 1% per year with a
cap of 10.5 %.
C. Term: Eight years, two months, and one week with
• renewal rights upon mutual agreement of the franchisee
and City. Expiration date of the franchise December
31, 2005.
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.
Res 97 -71
g. Location of disposal: City right to designate location
• of landfill.
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.
• Alliance waste & Recycling, LLC., Vic Mazmanian, President
Res 97 -71
•
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 September 22, 1997.
Adopted this 8th day of September, 1997
ATTEST:
CITY CLERK
•
YOR
• 2STATE 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 -71, 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 8th day
of September, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Hedges, Glover, Noyes, and Mayor Debay
Noes: Edwards
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
• official seal of said City this 9th day of September, 1997.
City Clerk of the City of
Newport Beach, California
(Seal)
•