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Home My WebLink About2017-1 - Temporarily Extending Nonexclusive Solid Waste Franchises from March 1, 2017 to November 8, 2017 to Ensure Adequate Provision of Solid Waste Collection Services Within the City of Newport BeachORDINANCE NO. 2017-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, TEMPORARILY EXTENDING NONEXCLUSIVE SOLID WASTE FRANCHISES FROM MARCH 1, 2017 TO NOVEMBER 8, 2017 TO ENSURE ADEQUATE PROVISION OF SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF NEWPORT BEACH WHEREAS, Article XIII of the City Charter and Sections 49500 through 49524 of the Public Resources Code authorize the City of Newport Beach ("City") to enter into nonexclusive franchise agreements for commercial solid waste handling services with private solid waste enterprises; WHEREAS, the City Charter and Newport Beach Municipal Code ("NBMC") Chapter 12.63 establish requirements and procedures to grant a franchise to provide solid waste handling services within the City; WHEREAS, the City Council complied with state law, the City Charter and the NBMC in granting nonexclusive franchise agreements for commercial solid waste handling services to the private solid waste enterprises listed on Exhibit A, which is attached hereto and incorporated herein by reference; WHEREAS, the current nonexclusive solid waste franchise agreements are set to expire on March 1, 2017; and WHEREAS, the City desires to temporarily extend the term of solid waste franchise agreements to November 8, 2017, to allow City staff time to evaluate the existing haulers and agreements to ensure they are best serving the needs of the City's residents, businesses, and visitors. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council authorizes the City Manager or his or her designee, to execute an amendment, in a form substantially similar to the attached Exhibit B, which is incorporated herein by reference, extending the term of existing nonexclusive franchise agreements for commercial solid waste handling services to November 8, 2017. All other provisions of the nonexclusive solid waste franchise agreements shall remain unchanged. Section 2: In the event of any conflict between any nonexclusive solid waste franchise agreement expiration term provided in this ordinance and any other previously adopted ordinance, the expiration term in this ordinance shall prevail. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Ordinance No. 2017-1 Page 2 of 2 Section 4: If any section, subsection, sentence, clause or phrase of this 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, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of January, 2017, and adopted on the 24th day of January, 2017, by the following vote, to -wit: AYES: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon NAYS: ABSTAIN: ATTEST: S k5)R� LEILANI I. BROWN. CITY CLERK APPROVED AS TO FORM: CITY ,TTORNEY'S OFFI E C � AARON C. HARP, CITY ATTORNEY KEVIN Exhibits: (A) List of Current Solid Waste Franchise Haulers (B) Draft Amendment Extending Commercial Solid Waste Collection Nonexclusive Franchise Agreements until November 8, 2017 No. Name 1 A2Z Recycling Services, Inc. 2 American Wrecking, Inc. 3 Athens Services 4 California Waste Services, LLC. 5 CR&R 6 Cousyn Grading and Demolition 7 Direct Disposal 8 Ecology Auto Parts, Inc. 9 GB Services, Inc. 30 Genesis Dispatch, Inc. 11 Goodwin Enterprises 12 Hartfield Construction Corp. 13 Haul Away Rubbish Service Co., Inc. 14 IRS Demolition 15 James Blomberg 16 JB Services 17 JD Demolition and Grading, Inc. 18 Kevin Ray Demolition 19 Key Disposal, Inc. 20 The Lane Company 21 Newport Coast Demolition 22 Praisler Hauling & Demolition, Inc. 23 Progressive Land Clearing, dba Thomas Demolition 24 Rainbow Disposal 25 RB Holt (Pacific Earthworks) 26 Robert's Waste Recycling, Inc. 27 Roche Excavating 28 Skyline Construction Services, Inc. dba Scor Industries 29 Southern California Environmental 30 Tierra Verde Industries 31 Tight Quarters, Inc. 32 Tim Greenlead Engineering 33 United Pacific Waste 34 Universal Bobcat & Hauling 35 Universal Waste Systems Inc. 36 Ware Disposal 37 Waste Management of OC EXHIBIT B AMENDMENT NO. ONE TO COMMERCIAL SOLID WASTE COLLECTION NONEXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THIS AMENDMENT NO. ONE TO COMMERCIAL SOLID WASTE COLLECTION NONEXCLUSIVE FRANCHISE AGREEMENT ("Amendment No. One") is made and entered into as of this _ day of 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and a ("Franchisee"), whose address is , and is made with reference to the following: RECITALS A. On , 20 , City and Franchisee entered into a Nonexclusive Franchise Agreement for commercial solid waste collection services in.the City ("Agreement'). B. The Agreement is set to expire on March 1, 2017 C. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to November 8, 2017. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section —of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on November 8, 2017 ("Termination Date"), unless terminated earlier as set forth herein ("Term"). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager FRANCHISEE: Date: By: Date: By: [END OF SIGNATURES] a Page 2 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. 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 ordinance, being Ordinance No. 2017-1 was duly introduced on the 10th day of January, 2017 at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 24th day of January, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon NAYS: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of January, 2017. r Leilani I. Brown, MMC' City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2017-1 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 newspaper of general circulation on the following dates: Introduced Ordinance: January 14, 2017 Adopted Ordinance: January 28, 2017 In witness whereof, I have hereunto subscribed my name this "day of 2017. Leifani I. X41N111-1- wn, MMC City Clerk City of Newport Beach, California (Seal)