HomeMy WebLinkAbout2009-109 - Non-Exclusive Solid Waste United Pacific WasteRESOLUTION NO. 2010 -109
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 UNITED PACIFIC WASTE, 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 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, United Pacific Waste, a California corporation, has submitted an
application requesting a Non - exclusive Solid Waste Franchise that satisfies the City's
application requirements.
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NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that:
1. A public hearing shall be conducted on October 26, 2010 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: November 25, 2010.
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: November 25, 2010 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.
Franchise shall not be revoked unless there is default under the
agreement, ordinance or applicable law.
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.
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k. Franchisee shall meet City's requirements to implement recycling and
source reduction public education activities.
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. United Pacific Waste, 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 October 26, 2010.
ADOPTED this 28`h day of September, 2010.
ATTEST:
QP9-
X-
CITY CLERK
i
4� - �,
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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. 2010 -109 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
September, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
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 September, 2010.
4�% rr,
City Clerk
Newport Beach, California
(Seal)