Loading...
HomeMy WebLinkAbout15 - Non -Exclusive Commercial Solid Waste Franchises - Public HearingPUBLIC HEARING NOTICE RESOLUTION NO. 2017-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER GRANTING NON-EXCLUSIVE SOLID WASTE FRANCHISES WHEREAS, the City Council of the City of Newport Beach ("City") finds and determines that the collection of municipal solid waste, recyclable materials, food scraps, green waste and construction and demolition debris (collectively, "Commercial Solid Waste") generated within the City is a vital public service; WHEREAS, the City Council further finds and determines that the collection, transportation, storage, transfer, processing and disposal of Commercial Solid Waste ("Commercial Solid Waste Handling Services") is a matter of great public concern because improper control of such matters subjects 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; WHEREAS, the non-exclusive franchises for the use of public streets to provide Commercial Solid Waste Handling Services promotes 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; WHEREAS, pursuant to Article XIII of the City Charter and Public Resources Code Sections 40059, 49300, and 49500 through 49523, the City is authorized to enter into non- exclusive franchise agreements for solid waste handling services with private solid waste haulers; WHEREAS, pursuant to City Charter Section 1301, the City Council, prior to granting any franchise, shall pass a resolution declaring its intention to grant same, stating the name of the proposed grantee(s), the character of the franchise, and the terms and conditions upon which it is proposed to be granted; and WHEREAS, such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that: Section 1: The City Council hereby declares its intention to grant non-exclusive franchises, subject to the following general terms and conditions ("Non-exclusive Franchise"): a. Effective date. November 9, 2017, b. Franchise fees. Sixteen percent (16%) of gross monthly receipts. A portion of the franchise fee, five and half percent (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. 2017-60 Page 2 of 4 C. Term. November 9, 2017 to November 8, 2024. d. Rates. The City shall not set franchisees' bin rates. e. Indemnification. Franchisees shall indemnify and hold City harmless from penalties and damages for failure to meet state recycling requirements with respect to the portion of the Commercial Solid Waste stream collected by franchisees. f. Diversion requirements. Franchisees shall divert a minimum of fifty-five percent (55%) of all municipal solid waste, recyclable materials, food scraps and green waste collected by franchisee, Franchisees shall divert a minimum of sixty-five percent (65%) of all construction and demolition debris collected by franchisees. g. Disposal requirements. Franchisees shall dispose of Commercial Solid Waste, not otherwise diverted, in Orange County landfills pursuant to the City's waste disposal agreement with Orange County. City maintains the right to designate disposal facilities to be used by franchisees. h. Billing. Franchisees shall be responsible for all billing and collection for its accounts. i. Termination. Franchise shall not be revoked unless there is default under the agreement, ordinance, or applicable law. j. Application requirements. Prior to obtaining a non-exclusive solid waste franchise, franchisees shall designate the specific Commercial Solid Waste Handling Services for which it desires to apply and shall demonstrate competence in and compliance with the City's insurance, equipment, and diversion requirements with respect to those Commercial Solid Waste Handling Services. k. Public education. Franchisees shall meet City's requirements to implement recycling, diversion and source reduction public education activities. I. Recycling/diversion programs. Franchisees shall implement and provide recycling and diversion programs for all customers subject to California State Assembly Bills 939, 341, and 1826, and the California Green Building Standards Code. M. Hauler representative. Franchisees shall designate a representative to assist in implementing State -imposed recycling and diversion programs. n. Compliance. Franchisees shall comply with all State, Federal laws and regulations, terms and conditions of the franchise agreement, City Charter and the Newport Beach Municipal Code. Section 2: The City proposes to grant the Non-exclusive Franchise to the following entities (collectively, "Proposed Grantees"), which are presently licensed and permitted to conduct business in the City: a b c d e in o. P. q. r. V. W. X. Y. Z. as bb cc dd A2Z Recycling Services, Inc. Athens Services BC Hauling and Demolition, Inc. CAF Services, Inc. California Waste Services LLC Cousyn Grading & Demo, Inc. CR&R Incorporated Direct Disposal GB Services, Inc. Genesis Dispatch Inc. Goodwin Enterprises, Inc. Haul -Away Rubbish Service Co, Inc. Interior Removal Specialist, Inc. James R. Blomberg JD Demolition & Grading, Inc. Key Disposal, Inc. Progressive Land Clearing dba Thomas Demolition Praisler Hauling & Demolition, Inc. Rainbow Disposal Co., Inc. RB Holt, Inc. Robert's Waste and Recycling, Inc, Southern California Environmental, Inc. Tim Greenleaf Engineering Inc. The Lane Company Tight Quarters, Inc. United Pacific Waste Universal Bobcat & Hauling, Inc. Universal Waste Systems, Inc. Ware Disposal, Inc. Waste Management Collection & Recycling, Resolution No. 2017-60 Page 3 of 4 Inc. dba Waste Management of OC Section 3: The City Council shall conduct a public hearing on September 26, 2017 at 7:00 p.m., or as soon thereafter as is practical, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to consider granting the Proposed Grantees a Non-exclusive Franchise. Persons who have an interest in or objection to the granting of a Non-exclusive Franchise to the Proposed Grantees may appear before the City Council and be heard at that date and time. Section 4: The City Council of the City of Newport Beach finds that this resolution is categorically exempt from the California Environmental Quality Act ("CEQA") under California Code of Regulations Section 15301 and 15308, which exempts "existing operations and facilities" and "actions by regulatory agencies for protection of the environment." Use of this CEQA exemption is appropriate because the resolution does not change nor expand existing solid waste operations and facilities within the City. This resolution is also consistent with the goals of California State Assembly Bills 939, 341, and 1826, The California Solid Waste Management Act as well as the objectives of the City's Source Reduction and Recycling Element. Resolution No. 2017-60 Page 4 of 4 Section 5: The recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. Section 6: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 7: Pursuant to City Charter Section 1301, this resolution shall be published in the City's official newspaper within fifteen (15) days of its adoption and at least ten (10) days prior to September 26, 2017. ADOPTED this 12th day of September, 2017. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C, H p City Attorney Kevin Muldoo Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH f 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 resolution, being Resolution No. 2017-60 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 121h day of September, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of September, 2017. r Leilani I. Brown City Clerk Newport Beach, California Eos Angeles ?dines ME D I A G R O UP Sold To: City of Newport Beach - C000072031 100 Civic Center Dr Newport Beach,CA 92660 Bill To: City of Newport Beach - C000072031 100 Civic Center Dr Newport Beach,CA 92660 NOTICE OF PUBLIC HEARING RESOLUTION NO. 2017-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER GRANTING NON-EXCLUSIVE SOLID WASTE FRANCHISES WHEREAS, the Gry Council of the (try of Newport Beach ("City") finds and determines That the collection of munkipal solid waste, recyclable materials, food soaps, green waste and construction and demolition debris (col lectively,'Commerdal Solid Waste') generated within the City is a vital public serwKr, WHEREAS, the City Council further finds and determines that the collection, tianspociation, storage. transfer, processing and disposal of Commercial Said Waste ('Commercial Solid Waste Handling Servkes) Is a matter of great"it concern because improper control of su[h matters subjects the City to potential liability, damages and penalties and may aerie a public nuisance, air pollution, fire hazard, infrsutlon and other problems affecting the W blK heaRh, safety and welfare; WHEREAS, the non-exclusive Franchises for the use of public streets to provide Commercial Sold Waste ftandiuig Services promotes the public health, safety and welfare by promoting permanence and nation, among those businesses wishing To provide such service and accountability iothe City for compllance with current and future slate mandates; WHEREAS, pursuant to Article XIII of the City Charier and Public Resources Code Sections 40059, 49X10, and 49500 through 49513, the City is authorized to enter into non-entusive franchise agreements for solid waste landing sewicn wish lewalesolid waste hauler; WHEREAS, pursuant to City Charter Section 1301, the City Council, pnor to granting any Danchlst, shall pass a rnofution declaring as intention to gram same, stating the name of the proposed grail the riaracter of the franchae, and theterms and conditions upon whldl a is proposed to Ingrained; era WHEREAS, such resolution shall fix and set forth the day, hour and plate svi±en and where any persons having any interest therein or any objection to the graining thereof may appear before the City Council and be heard nheeon. NOW, THEREFORE. be it resolved by the (try Council of the City of Newport Beach that Section 1: The CityCoural hereby declines Its Intention to giant non-e.duslre franchises, subject o the following general terms and conditions I"Noe-ezdudve franchise';: A. Effective date. November 9, 2017. b. Franchise fees. Sbrteen percent (16%) ofgross monthly receipts. A pomcn df the franchise fee, five and halt percent i S.S%), shall be ei n eked fli the purposes of Indemnifying and holding the City harmless from environmental hal associated with the franchisee's opefahons in the City. This portion of the hanchisefee shall be paid into the Gty's Environmental Liability fund. c. Term, November 9, I017 to November B, 2024. d. Rates. The Gty shall not set franchisees' bin rates. e. Indemnification. franchisees shall rdenlnffy, and hold (try harmless from penalties and damages for failure to meet state recycling requirements with respect to the portion of the Commercial Solid Waste stream collected by frandustes. L Diversion requirements. Franchisees shall divert a minimum of fifty-five percent Milt) of an municipal sold waste, recyclable materials, food wale and green waste collected by Funchnee. Franchiser shall divert a minimum of silty -five percent (654) of all construction and demolition debris Wletted by hanch.sm. g. Disposal requirements. Franchisees shall dispose of Commercial Solid Waste, not otherwise diverted, in Orange County landfi,is punuans to the CIty's waste disposal agrremem with Orange County, City maintains the right to designate disposal faohnes to be used by franchisees. IT. Billing. Franchisees shall be responsible la all billing and collection for acccunts. I , Termination. Franchise shall not be revoked unless there a default under the agreement, ordinance, w applicable law. I. Applicetlon requirements. Prior to obtaining a non-exclusive solid waste franchise, franchlser shall designate the speafic Commercial Solid Wane Handling Services for which or desires no apply and shall demorairate competence In and a mphence with the (ny's Insurance, equipment, and diversion requirements with respect to those Commercial Sold Waste Handling Services. k, Public education. Franchisees shall meet City's reouhements to implement recyclrg, diversion and source redumon public education activities. 1. Recycling/dlverston programs. Framcnisees shall implement and provide recycling and diversion programs for all customers subject to California State Assembly &IIs 939, 341, and 1816, and the California Green Building Standards (ode. m. Hauler representative. hancheen shall designate a reprneautwe no assist In Implementing Rate -imposed recycling and diversion programs. n Compliance. Franchisees shall comply with all State, Federal laws and regulations, terms and conditions of the franchise agreement, City Charter and the Nrwport Beach Municipal Code. Section 2: The City proposes to grant the Non-exclusive Franchise to the following entities (colleaely, 'Proposed Gunter'), which are presently Ilmsedand permitted to conduct business In the Cry: A. A2Z Recycling Services, Inc. b. Athens Services C. BC Hauling and Demohoot, Inc. d. CAF Services. Inc e. California Wee Services LLC I. Cousyn Grading B Demo, Inc g. CR&Rincorporated h. Preis Disposal I. GBSernces,lrc. I. Genesis Dispatch Inc. k. Gmdswn Fnremnim. Inc. 5191811 - Newport Harbor News Press Combined With Daily Pilot Page 2 of 2 Eos Angeles Times ME D I A G R O UP I. Haul -Away Rubbish knee Co, Inc m. Inurlor Removal 5pefidhal, Inc P. James R. Blomberg 11A Oemalitian & Grading, trtc p. Ray DHposal, In c. g. Progressive land Clearing cilia Thomas Demoinion r. prattles Hauling & Demolition. Inc I. Rainbow Disposal Ca., Inc. L RBfioltInc. U. Roben s Waste and Recycling. Inc V. Southern CaliforniaEnwronmentat. Inc. w. Tan GreenleafEngmeenng Inc. X. the Lane Company Y. Tight Quarters, Inc- a. Untied PaftWaste aa. Lin iversalBobcat &Hauling, Inc. bb. Ueivenal Waste Systems, Inc. CC. Ware Disposal, Inc. dd. Waste Management Collection & Recycling, Inc dba Waste Wriagement of OC Section 3: The City Council dull conduct a ouhsie hurina on September 26, 2017 at 7:00 o.m., or as soon thmister as is practical, in the City Council Chambers located at 100 Civic Cenrer Drive, Hewpon Reach California, to convder granting the Proposed Grantees a Nor -exclusive F3anchise. Persons who have an interest in or objection to the granting of a Non-exclusive Funchhe to the Preposed Grantees may appear before Me Cry Council and be heard at thatdate and time. Seetion4: The City Council afthe City of Newport Beach finds that this resithaon it categorically exempt from the California Environmental Quality Act (" CfQA') under California Code of Regulations Stolon 15301 and 15308, which exempts 'existing operations and facilites' and 'account by regulatory agendesfar protecoori of the enehonrmnL- Use of [lois CEQA exemption is appsoprute because the restitution does not change era expand existing solid waste operations and facilites within theCat. Thistesdutwn datsocarsntemwith the goals of California State Assembly Bills 939, 341, and 1826, The Califomla Solid Waste ManagementActas well as the objectives of the Ws Source Reduction and Rtgclmg Element. Section S; The recitals provided above are nue and torten and are incorporated Into the substantive portion of this resolution. Section 6: If any section, subsection, sentence, clause cc phrase of thn iesotunon is, for any reason, held to be invalid or unconstitutional, such decision shalt not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that rt would have passed thio resolution, and each section, subsection, semence, clause m phrase thereof, Irrespective of the fact that anyone or more sections, subsections, sentencti, dawns, cc phrases be declared invalid or unconstitutional. ec Stion 7: Pursuant to City Charter Section 1301, this resolution sna0 be published In the (4y's of ictal newspaper within fifteen (1S) daysof as adoption and at least ten 1IOi days prim to September 26.2017. ADOPTED this 12' day of September, 2017. /tJ Kevin Muldoon, Mayor ATTEST. /s/ Leilam I. Brown, City Clerk APPROVED AS TO FORM: CITY AETORNMSOFFICE 151 Aaron C. Harp, City Attorney, Eos Angeles M E D I A G dimes R O U P PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Sep 16, 2017 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated a 435 N. Michigan Ave. Chicago, IL 60611 5191811 - Newport Harbor News Press Combined With Daily Pilot Page 1 of 2