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HomeMy WebLinkAbout2013-13 - Intention to Conduct Public Hearing to Consider Granting of Non-Exclusive Solid Waste Franchise to Ecology Auto Parts, Inc.RESOLUTION NO. 2013 -13 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 ECOLOGY AUTO PARTS INC., A CALIFORNIA CORPORATION 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 X111 of the City Charter and pursuant to Sections 48500 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, Ecology Auto Parts, Inc., a California corporation, 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. Pursuant to Section 12.63.060 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 February 26, 2013 at 7:00 p.m., or as soon thereafter as practical in the City Council Chambers, 100 Civic Center Dr, 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: March 29, 2011 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. d. Term of Franchise: March 29, 2013 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. 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. 2. 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. Ecology Auto Parts, Inc., a California Corporation 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 February 26, 2013. ADOPTED this 12th day of February, 2013. Keith D. Curry Mayor ATTEST: STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 1, 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. 2013 -13 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 12'n day of February, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13" day of February, 2013. &Vi k City Clerk Newport Beach, California (Seal)