HomeMy WebLinkAbout2001-33 - Non-Exclusive Solid Waste FranchiseRESOLUTION NO. 2001-33
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 SOLID
WASTE FRANCHISE TO OCEAN WASTE AND
RECYCLING.
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 XM 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; and,
WHEREAS, Ocean Waste and Recycling, a private firm, 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. A public hearing shall be conducted on June 12, 2001, 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 applicant listed under Item 2 below
pursuant to the following terms and conditions:
a. Franchise effective date: July 12, 2001.
b. Quarterly franchise fee: 10.5% of gross monthly receipts.
c. Term of Franchise: July 12, 2001 to January 9, 2006 with renewal rights upon
mutual agreement of the franchisee and City.
d. The City shall not set the Franchisee's bin rates.
e. Franchisee shall indemnify and hold harmless City from environmental liability
for the franchisee's operations in the City and 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.
f. Franchisee shall indemnify and hold City harmless from penalties and damages
for failure to meet current and future state recycling requirements with respect to
the portion of the commercial solid waste stream collected by Franchisee.
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. Franchise shall not be revoked unless there is default under the agreement.
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 City's requirements to implement recycling and source
reduction public education activities.
I. 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.
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2. The City proposes to offer a non - exclusive solid waste collection franchise to the
following applicant listed below that is presently licensed and permitted to conduct business 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 above.
a. Ocean Waste and Recycling, Candice Julian, Owner
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 June 12, 2001.
ATTEST:
CITY CLERK
Adopted this 22nd day of May, 2001.
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MAYOR
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. 2001 -33 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
22nd day of May, 2001, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of May, 2001.
(Seal)
rzl, X41-16d,
City Clerk
Newport Beach, California