HomeMy WebLinkAbout97-75 - Solid Waste Franchise AgreementRESOLUTION NO. 97 - 75
• 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 A NON - EXCLUSIVE
FRANCHISE FOR A COMMERCIAL SOLID WASTE
HAULER 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.
NOW, THEREFORE, be it resolved by the City Council of the City of
• Newport Beach that:
Res 97 -75
1. A public hearing shall be conducted on November 24, 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 the below listed solid waste hauler pursuant to the following terms
and conditions:
a. Implementation date: January 1, 1998.
b. Monthly franchise fee: 7.5% of gross monthly receipts for the first year
increasing by 1% per year with a cap of 10.5 %.
C. Term: Eight 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 reserves the right to designate location of
disposal.
h. Billing and collection responsibility: Private haulers.
• i. No revocation of franchise unless there is a default under the agreement.
Res 97 -75
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. Key Disposal, Inc., John Katangian, President
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 November
24, 1997.
Adopted this 10th day of November, 1997.
ATTEST: ry 1
CITY CLERK
MA
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 the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 97 -75, 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 10th
day of November, 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 12th day of November, 1997.
•
(Seal)
•
City Clerk of the City of
Newport Beach, California
p