HomeMy WebLinkAbout2004-52 - Non-Exclusive Solid Waste FranchiseRESOLUTION NO. 2004- 52
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 GOODWIN ENTERPRISES,
INC.
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 XM 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, Goodwin Enterprises, Inc. and private firm, has submitted an application
requesting a Non - exclusive Solid Waste Franchise that satisfies the City's application
requirements.
that:
NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach
1. A public hearing shall be conducted on July 13, 2004, at 7:00 p.m., or as soon
thereafter as practical in the City Council Chambers, 3300 Newport Boulevard, Newport Beach,
California, to consider the granting of a franchise to the applicants listed under Item 2 below
pursuant to the following terms and conditions:
a. Franchise effective date: August 12, 2004.
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: August 12, 2004 to January 9, 2006 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.
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
2. The City proposes to offer a non - exclusive solid waste collection franchise to the
following applicants 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 franchises may appear
before the City Council and be heard on the date and time listed above.
a. Goodwin Enterprises, Inc. Don Goodwin, Owner
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 July 13, 2004.
Adopted this 22 "a day June, 2004.
ATTEST:
W •� r
MAYOR
k-,Or1� -err.
CITY CLERK
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
resolution, being Resolution No. 2004 -52 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 June, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
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 June, 2004.
(Seal)
O�6�Al Y�
City Clerk
Newport Beach, California