HomeMy WebLinkAbout2015-54 - Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non-Exclusive Solid Waste Franchise to James Blomberg, a Sole Proprietor RESOLUTION NO. 2015-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING TO
CONSIDER THE GRANTING OF A NON-EXCLUSIVE
SOLID WASTE FRANCHISE TO JAMES BLOMBERG, A
SOLE PROPRIETOR
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 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; and
WHEREAS, James Blomberg, a Sole Proprietor, 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:
Resolution No. 2015-54
Page 2 of 4
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 this chapter;
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 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 this chapter;
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;
e. and 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 July 14, 2015 at 7:00 p.m., or as soon
thereafter as practical in the City Council Chambers, 100 Civic Center Drive,
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: August 14, 2015.
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.
Resolution No. 2015-54
Page 3 of 4
d. Term of Franchise: August 14, 2015 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. 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, ordinance or applicable law.
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.
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. James Blomberg, a Sole Proprietor
Resolution No. 2015-54
Page 4 of 4
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 July 14, 2015.
ADOPTED this 23rd day of June, 2015.
Ed and D. Selich "�`
Mayor
ATTEST:
A§i
Leilani 1. Brown
City Clerk
PO
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, 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. 2015-54 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 231d day of June, 2015, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
NAYS: None
ABSENT: Council Member Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24`h day of June, 2015.
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City Clerk t
Newport Beach, California
(Seal)
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