HomeMy WebLinkAbout2009-19 - Non-Exclusive Solid Waste Franchise - JD DemolitionRESOLUTION NO. 2009-19
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 JD DEMOLITION AND GRADING, 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 XIII 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, JD Demolition and Grading, Inc., a private firm, 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. A public hearing shall be conducted on May 26, 2009, 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 applicant listed under
Item 2 below pursuant to the following terms and conditions:
a. Franchise effective date: June 25, 2009.
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: June 25, 2009 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.
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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. JD Demolition and Grading, Inc.
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 May
26, 2009
ADOPTED this 28th day of April, 2009.
ATTEST:
CITY CLERK
3
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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 resolution,
being Resolution No. 2009 -19 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 28th day of
April, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of April, 2009.
(Seal)
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City Clerk
Newport Beach, CaZornia