The URL can be used to link to this page

Home My WebLink About97-32 - Granting Nonexclusive Franchises to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport BeachORDINANCE NO. 97 - 32 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING NONEXCLUSIVE FRANCHISES TO PROVIDE SOLID WASTE COLLECTION SERVICES UPON THE CITY STREETS AND WITHIN THE CITY OF NEWPORT BEACH The City Council of the City of Newport Beach does ordain as follows: SECTION 1: Findings A. Article XIII of the City Charter and Sections 49500 through 49523 of the Public Resources Code authorize the City to enter into nonexclusive franchise agreements for commercial solid waste handling services with private solid waste enterprises. B. The City Charter and Chapter 12.63 establish requirements and procedures to grant a franchise to provide • solid waste handling services within the City of Newport Beach. C. In compliance with the City Charter a duly noticed public hearing was held on September 22, 1997, to consider the granting of a franchise to each of the solid waste enterprises listed on Exhibit "A" to this Ordinance which is incorporated into this Ordinance by reference as though set forth in full herein. D. Having considered all oral and documentary evidence presented at the public hearing, the City Council has determined that the granting of nonexclusive franchises is in the public interest. • SECTION 2: Definitions All words, terms, phrases in this Ordinance shall have the meanings set forth in Section 12.63.020 of Chapter 12.63 of the Newport Beach Municipal Code. 1 Ord 97 -32 SECTION 3: Franchise Agreement • A. Grant of Franchise There is hereby granted to each of the solid waste enterprises listed on Exhibit "A ", a nonexclusive franchise to operate, maintain and provide, along, across and over the public streets, alleys, public ways and public places dedicated for public use in the City, a franchise for solid waste handling services. B. Nonexclusive Grant The right to use City streets, alleys, public ways and places for the purposes set forth in this Ordinance, shall not be exclusive and the City reserves the right to grant a similar use of streets, alleys, public ways and places to any person at any time during the term of this franchise. C. Term of Franchise • The term of the franchise shall be eight years, two months, and one week (8.2) years and shall commence at 12:01 a.m., on October 22, 1997, provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of the Ordinance. D. Franchise Fees A. During the term of the Franchise, franchisee shall pay to City franchise fees for the privilege of providing commercial solid waste handling services in the City of Newport Beach and the use of public streets, right of ways and places for such purposes. Fees shall be in the following amounts: (1) Franchisee shall pay to the City 6.5% (six and one -half percent) of the gross receipts for all commercial solid waste handling services provided by the franchisee in the City until January 1, 1998. The franchise fee shall increase by 1% • (one percent) per year for each of the next succeeding four 2 Ord 97 -32 years of the Agreement. Thereafter, the franchise fee will be • capped at 10.5% for the life of the Agreement. (2) Franchise fee payments shall be paid quarterly and shall be computed and paid on the basis of paid receipts received by the franchisee for all solid waste handling services within the City. (3) (One -half of one percent) .5% of the franchise fee shall be attributable to the maintenance and implementation of the City's Source Reduction and Recycling Element (SRRE), and shall be separately accounted for, and used only for the costs stated in Public Revenue Code Section 41901 or any successor provisions. B. Franchisee shall pay to the City Environmental Liability Fund 5.50 of gross receipts for all commercial solid waste handling services provided by the Franchisee in the City • during the prior reporting period, Payment shall be made concurrently with the payment of the Franchise fees and the filing of reports specified in Section 4 and 6 of this Agreement. E. Inclusion of Franchise Documents Each franchisee shall comply with and shall be bound by all of the terms, provisions and conditions contained in the City Charter, this Ordinance, Chapter 12.63 of the Newport Beach Municipal Code and the Franchise Agreement attached to this Ordinance as Exhibit "B" which is hereby adopted, approved and incorporated into this Ordinance by reference. SECTION 4: Effective Date This Ordinance shall become effective 30 days from and after the date of its adoption; provided, however, each franchisee granted by the Ordinance shall not become effective unless and until the grantee files written acceptance of the . franchise with the City clerk, and delivers to the City all 3 Ord 97 -32 bonds and insurance policies required to be furnished in • accordance with the requirements of Chapter 12.63 of the Newport Beach Municipal Code and the Franchise Agreement. The written acceptance shall be in form and substance as prescribed by the City Attorney and shall operate as an acceptance of each and every term, condition and limitation contained in the Ordinance, the Franchise Agreement, Article XIII of the City Charter, and Chapter 12.63 of the Newport Beach Municipal Code. Written acceptance of the franchise shall be filed by the grantee not later than ten (10) days after the adoption of this Ordinance. SECTION 5: The City Council of the City of Newport Beach finds that this Ordinance is categorically exempt under the California Code of Regulations 1.5301 defined as "existing operations and facilities" and Section 15308 defined as "actions by regulatory agencies for protection of the environment." Use of this classification is appropriate because this Ordinance • does not change or expand existing solid waste operations and facilities within the City and because the Ordinance furthers and strengthens the City diversion requirements under State law and the City's Source Reduction and Recycling Element (SRRE) . The City Manager is authorized to execute and the City Clerk to file a Notice of Exemption with the Orange County Clerk. This Ordinance shall be published once in the official newspaper of the City. SECTION 6: That if any section, subsection, sentence clause or phrase of the Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the :remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence clauses and phrases be declared • unconstitutional. 0 Ord 97 -32 • SECTION 7: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 8th day of September, 1997, and adopted on the 22th day of September, 1997, by the following vote to wit: AYES, COUNCIL MEMBERS 0`NEIL, THOMSON, EDWARDS, HEDGES. GLOVER. NOYES, MAYOR DEBAY NOES, COUNCIL MEMBERS NONE ABSTAINED, COUNCIL MEMBERS NONE • ABSENT COUNCIL MEMBERS NONE ATTEST: CITY CLERK • d MA` — u • 11 ORDINANCE NO. 97 - EXHIBIT ".A" Vic Mazmanian, President Alliance Waste & Recycling, LLC. 23052 Alicia Parkway #H604 Mission Viejo, CA 92692 Ord 97 -32 • L� 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 ordinance, being Ordinance No. 97 -32 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 September, 1997, and that the same was so passed. and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay 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 September, 1997. (Seal) Ofa U6n.,�z M . wa" City Clerk of the City of Newport Beach, California CERTIFICATE OF PUI1LICATION 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 Ordinance No. 97 -32 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: September 27, 1997. In witness whereof, I have hereunto subscribed my name this 8th day of October 1997. Vn City Clerk of the City of Newport Beach, California