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Home My WebLink About03 - Non-Exclusive Solid Waste FranchisesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 November 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mark Harmon, General Services Director ext. 3055, mharmon @city.newport- beach.ca.us SUBJECT: ORDINANCE EXTENDING NON - EXCLUSIVE SOLID WASTE FRANCHISES WITH FRANCHISED SOLID WASTE ENTERPRISES AND APPROVAL OF ASSIGNMENT TO USA WASTE OF CALIFORNIA ISSUE: 1. Should the City of Newport Beach extend the non - exclusive franchises for commercial solid waste handling services with private solid waste enterprises? 2. Should the City Council approve the assignment of the Waste Management of Orange County, Inc.'s franchise to USA Waste of California? RECOMMENDATION: 1. It is recommended that the City Council approve first reading and pass to second reading and adoption at the City Council's next regularly scheduled meeting. 2. Approve the assignment of the Waste Management of Orange County, Inc.'s franchise to USA Waste of California. DISCUSSION: Background: Since 1996, the City Council has approved franchises with the private solid waste enterprises listed on Exhibit A. City staff has been reviewing possible modifications to Chapter 12.63 of the Newport Beach Municipal Code and the franchise agreement to encourage additional recycling, reduce auditing costs, and update reporting requirements. However, the solid waste franchises previously awarded by the City are set to expire between January 1, 2006 and March 1, 2006. City staff is recommending that the City Council adopt the attached ordinance to extend the franchises until March 1, 2007. City staff has adopted a work schedule that will accomplish negotiations with the franchisees so that a new solid waste franchise ordinance and franchise agreement can be brought to the City Council prior to March 1, 2007. The Ordinance also seeks City Council approval of the assignment of the Waste Management of Orange County, Inc.'s franchise to USA Waste of California, Inc. dba as Ordinance Extending Non - Exclusive Solid Waste Franchises November 22, 2005 Page 2 Waste Management of Orange County. Waste Management of Orange County, Inc. recently informed City staff that that it has merged with USA Waste of California, Inc., a Delaware corporation, dba as Waste Management of Orange County and this Ordinance would allow for the assignment of the franchise. Prepared by: Andrea Riles, Management Assistant Ci ihmiffwi by General Services Director Attachments: Exhibit A — Franchised Solid Waste Enterprises Proposed Ordinance EXHIBIT A FRANCHISED SOLID WASTE ENTERPRISES Pagel of 2 Jeffrey Moffat, President Judy Ware, Owner RAINBOW DISPOSAL CO., INC. WARE DISPOSAL, INC. 17121 Nichols Street P.O. Box 8206 Huntington Beach, CA, 92647 Newport Beach, CA, 92658 (714) 847 -3581 (949) 833 -9901 FAX 841 -4660 FAX 664 -0696 Waste Management of Orange County, Telford T. Cottam, President Inc. franchise to USA Waste of TIGHT QUARTERS, INC. California, Inc. dba as Waste 2031 S. Anne Street Management of Orange County Santa Ana, CA, 92704 1800 South Grand Street (714) 557 -7901 Santa Ana, CA, 92705 FAX 241 -3820 (714) 480 -2300 FAX 559 -1742 John Katangian, President Robert T. Tall, President KEY DISPOSAL, INC. AMERICAN WRECKING, INC. 1141 South Taylor Avenue 2459 Lee Avenue Montebello, CA, 90640 South El Monte, CA, 91733 (323) 721 -5441 (626) 350 -8303 FAX 721 -8601 FAX 350 -8322 David Thomas, President Bud Greenleaf, Owner WEST COAST LAND CLEARING GREENLEAF GRADING, CO P.O. Box 90126 7702 Yukon Drive Long Beach, CA, 90809 -0126 Huntington Beach, CA, 92648 (562) 599 -2882 (714) 842 -7655 FAX 599 -2787 FAX 848 -0167 David Lane, Owner Kevin Ray, Owner THE LANE COMPANY KEVIN RAY DEMOLITION 5113 W. Kent Avenue 580 Explorer Street Santa Ana, CA, 92704 Brea, CA, 92821 (714) 775 -6905 (714) 990 -8937 FAX 990 -8941 EXHIBIT A FRANCHISED SOLID WASTE ENTERPRISES Page 2 of 2 Rich B. Holt. Owner Nick Cousyn, Owner PACIFIC EARTHWORKS /R.B. HOLT, INC. COUSYN GRADING AND DEMOLITION 34249 Camino Capistrano #216 2034 N. Capella Court Capistrano Beach, CA, 92624 Costa Mesa, CA, 92626 (949) 496 -1660 (714) 557 -1566 FAX 496 -5588 FAX 557 -1212 David Roche, Owner Tim Greenleaf ROCHE EXCAVATING, INC. GREENLEAF ENGINEERING aka: 1051 East 6th Street TIM GREENLEAF ENGINEERING Santa Ana, CA, 92701 18685 Main Street (714) 953 -1650 Suite A -371 FAX 953 -1663 Huntington Beach, CA, 92648 (714) 964 -1753 FAX 964 -1783 Mark Sahagian John Thomas SOUTHERN CALIFORNIA PROGRESSIVE LAND CLEARING, DBA ENVIRONMENTAL, THOMAS DEMOLITION INC. 4505 Manhattan Beach Blvd. 25422 Trabuco Road Lawndale, CA, 90260 #105 -409 (310) 263 -0400 Lake Forest, CA, 92630 949 770 -1768 Ric Collett, General Manager Don Goodwin REPUBLIC SERVICES, INC. GOODWIN ENTERPRISES, INC. 1131 N. Blue Gum Street P.O. Box 7388 Anaheim, CA, 92815 Capistrano Beach, CA, 92624 (714) 238 -3300 (949) 498 -4680 FAX 238 -3304 Daniel Agajanian Jesus Roberto DIRECT DISPOSAL, INC. ROBERT'S WASTE AND RECYCLING, INC. 5901 Warner Avenue #229 1580 E. Edinger Avenue Huntington Beach; CA, 92649 Santa Ana, CA, 92705 (714) 848 -4088 (714) 557 -2533 FAX 848 -5056 ORDINANCE NO. 2005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING NON - EXCLUSIVE FRANCHISES TO PROVIDE SOLID WASTE COLLECTION SERVICES UPON THE CITY STREETS AND WITHIN THE CITY OF NEWPORT BEACH The City Council of the City of Newport Beach does ordain as follows: RECITALS WHEREAS, by approving Ordinance No. 95 -64, the City of Newport Beach entered into solid waste franchise agreements with Rainbow Disposal Co., Inc., a California corporation, 17121 Nichols Street, Huntington Beach, California 92647, Ware Disposal, Inc., a California corporation, P.O. Box 8206, Newport Beach, California 92658, Federal Disposal, P.O. Box 14730, Irvine, California 92623, and Waste Management of Orange County, Inc., which was subsequently merged with USA Waste of California, Inc., a Delaware corporation, dba as Waste Management of Orange County, 1800 S. Grand Street, Santa Ana, California 92705. The franchises and franchise agreements approved by Ordinance No. 95 -64 will expire on January 1, 2006. WHEREAS, by approving Ordinance No. 97-4, the City of Newport Beach entered into a solid waste franchise agreement with Tight Quarters, Inc., a California corporation, 2031 S. Anne Street, Santa Ana, California 92704. The franchise and franchise agreement approved by Ordinance No. 97-4 will expire on March 1, 2006. WHEREAS, by approving Ordinance No. 97 -38, the City of Newport Beach entered into a solid waste franchise agreement with Key Disposal, Inc., a California corporation, 1141 S. Taylor Avenue, Montebello, California 90640. The franchise and franchise agreement approved by Ordinance No. 97 -38 will expire on January 1, 2006. WHEREAS, by approving Ordinance No. 99 -3, the City of Newport Beach entered into solid waste franchise agreements with American Wrecking, Inc., a California corporation, 2459 Lee Avenue, South El Monte, California 91733, and West Coast Land Clearing, Inc., P. O. Box 90126, Long Beach, California 90809. The franchises and franchise agreements approved by Ordinance No. 99 -3 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 99 -5, the City of Newport Beach entered into solid waste franchise agreements with Greenleaf Grading Co., Inc., a California corporation, 7702 Yukon Drive, Huntington Beach, California 92648, and The Lane Company, a sole proprietorship, 5113 W. Kent Avenue, Santa Ana, California 92704. The franchises and franchise agreements approved by Ordinance No. 99 -5 will expire on January 9, 2006. 1 WHEREAS, by approving Ordinance No. 99 -8, the City of Newport Beach entered into a solid waste franchise agreement with Kevin Ray Demolition, sole proprietorship, 580 Explorer Street, Brea, California 92821. The franchise and franchise agreement approved by Ordinance No. 99 -8 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2001 -17, the City of Newport Beach entered into solid waste franchise agreements with Pacific Earthworks, 34249 Camino Capistrano No. 216, Capistrano Beach, California 92624 and Cousyn Grading and Demolition, a sole proprietorship, 2034 N. Capella Court, Costa Mesa, California 92626. The franchises and franchise agreements approved by Ordinance No. 2001 -17 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2002 -10, the City of Newport Beach entered into a solid waste franchise agreement with Roche Excavating, Inc., a California corporation, 1051 E. 6t" Street, Santa Ana, California 92701. The franchise and franchise agreement approved by Ordinance No. 2002 -10 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2002 -25, the City of Newport Beach entered into a solid waste franchise agreement with Greenleaf Engineering, a California corporation, which is also known as Tim Greenleaf Engineering, 18685 Main Street, Suite A -371, Huntington Beach, California 92648. The franchise and franchise agreement approved by Ordinance No. 2002 -25 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2002 -28, the City of Newport Beach entered into solid waste franchise agreements with Southern California Environmental, Inc., a California corporation, 25422 Trabuco Road No. 105 -409, Lake Forest, California 92630, and Progressive Land Clearing, a California corporation, dba Thomas Demolition, 4505 Manhattan Beach Blvd., Lawndale, California 90260. The franchises and franchise agreements approved by Ordinance No. 2002 -28 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2004 -14, the City of Newport Beach entered into a solid waste franchise agreement with Goodwin Enterprises, Inc., a California corporation, P.O. Box 7388, Capistrano Beach, California 92624. The franchise and franchise agreement approved by Ordinance No. 2004 -14 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2004 -17, the City of Newport Beach entered into a solid waste franchise agreement with Direct Disposal, Inc., a California corporation, 5901 Warner Avenue, No. 229, Huntington Beach, California 92649. The franchise and franchise agreement approved by Ordinance No. 2004 -17 will expire on January 9, 2006. 4 WHEREAS, by approving Ordinance No. 2004 -28, the City of Newport Beach entered into a solid waste franchise agreement with Robert's Waste and Recycling, Inc., a California corporation, 1580 E. Edinger Avenue, Suite L, Santa Ana, California 92705. The franchise and franchise agreement approved by Ordinance No. 2004 -28 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 95 -64, the City of Newport Beach entered into solid waste franchise agreement with Orco Disposal Services. The franchise and franchise agreement approved by Ordinance No. 95 -64 will expire on January 1, 2006. WHEREAS, by adopting Resolution No. 98 -78, the City of Newport Beach approved the assignment of the Orco Disposal Services franchise and franchise agreement to CR &R, Incorporated, California corporation, 11292 Western Avenue, Stanton, California 90680. WHEREAS, by approving Ordinance No. No. 99 -5 the City of Newport Beach entered into solid waste franchise agreement with Briggeman Disposal Services, Inc., a California corporation. The franchise and franchise agreement approved by Ordinance No. 99 -5 will expire on January 9, 2006. WHEREAS, by adopting Resolution No. 99 -76, the City of Newport Beach approved the assignment of the Briggeman Disposal Inc., franchise and franchise agreement to Consolidated Disposal Services, LLC, dba Briggeman Disposal Services. WHEREAS, by adopting Resolution No. 2003 -43, the City of Newport Beach approved the assignment of Consolidated Disposal Services, L.L.C. franchise and franchise agreement to Republic Services, Inc., a Delaware corporation, dba Briggeman Disposal, L.L.C., Consolidated Disposal Services, L.L.C., and Taormina Industries, L.L.C, 1131 N. Blue Gum Street, Anaheim, California 92815. WHEREAS, City and each franchisee desire to extend each of the franchises and franchise agreements until March 1, 2007 to allow additional time for negotiations related to the terms of new franchises and franchise agreements. NOW THEREFORE the City Council of the City of Newport Beach does ordain as follows: SECTION 1: Section 3(C) of Ordinance No. 95 -64 for solid waste services between the City of Newport Beach and Rainbow Disposal Co., Inc., Ware Disposal, Inc., Federal Disposal, USA Waste of California, Inc., dba as Waste Management of Orange County, the successor in interest to the franchise and franchise agreement awarded to Waste Management of Orange County, Inc., and CR &R, Incorporated, the successor in interest to the franchise and franchise agreement awarded to Orco Disposal, is hereby amended to read as follows: 3 3(C) Term of Franchise The franchise shall commence at 12:01 a.m., on January 1, 1996 and expire on March 1, 2007, provided that the grantee has filed written notice of acceptancwih accordance with the requirement of Section 4 of this Ordinance. SECTION 2: The City Council hereby approves the assignment of the Waste Management of Orange County, Inc.'s franchise to USA Waste of California, Inc. dba as Waste Management of Orange County. The City Manager is hereby authorized to execute an agreement in a form executed and approved by the City Attorney to assign the Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Waste Management of Orange County, Inc. to USA Waste of California, Inc. dba as Waste Management of Orange County ( "Assignment Agreement "). The Assignment Agreement shall require that USA Waste of California, Inc. dba as Waste Management of Orange County accept the terms of the franchise and perform all conditions thereof. SECTION 3: Section 3(C) of Ordinance No. 97 -4 for solid waste services between the City of Newport Beach and Tight Quarters, Inc. is hereby amended to read as follows: The franchise shall commence at 12:01 a.m., on March 1, 1997 and expire on March 1, 2007, provided that the grantees have filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 4: Section 3(C) of Ordinance No. 97 -38 for solid waste services between the City of Newport Beach and Key Disposal, Inc., is hereby amended to read as follows: 3(C) Term of Franchise The franchise shall commence at 12:01 a.m., on January 1, 1998 and expire March 1, 2007, provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 5: Section 3(C) of Ordinance No. 99 -3 for solid waste services between the City of Newport Beach and American Wrecking, Inc., and West Coast Land Clearing, Inc., is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreements ("Agreements") attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and American Wrecking, Inc. and Exhibit B Commercial Solid Waste Collection Franchise Agreement between the City of Newport 13 Beach and West Coast Land Clearing, Inc. which are hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on March 10, 1999 and expire on March 1, 2007. The franchises shall take effect on the date specified above provided that the grantees have filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 6: Section 3(C) of Ordinance No. 99 -5 for solid waste services between the City of Newport Beach and Greenleaf Grading Co., The Lane Company, and Republic Services, Inc., the successor in interest to the franchise agreement awarded to Briggeman Disposal Services is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreements ( "Agreements ") attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Greenleaf Grading Company, Exhibit B Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and The Lane Company, and Exhibit C Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Briggeman Disposal Services, Inc. which are hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on April 21, 1999 and expire on March 1, 2007. The franchises shall take effect on the date specified above provided that the grantees have filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 7: Section 3(C) of Ordinance No. 99 -8 for solid waste services between the City of Newport Beach and Kevin Ray Demolition is hereby amended to read as follows: 3(C) Term of Franchise The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Kevin Ray Demolition which is hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on May 26, 1999 and expire on March 1, 2007. The franchise shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 8: Section 3(C) of Ordinance No. 2001 -17 for solid waste services between the City of Newport Beach, Pacific Earthworks and Cousyn Grading and Demolition is hereby amended to read as follows: IV 3(C) Term of Franchises The term of the franchise per Section 2 of the Franchise Agreement ( "Agreement') attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Pacific Earthworks, and exhibit B Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Cousyn Grading and Demolition which are hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on September 27, 2001 and expire on March 1, 2007. The franchise shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 9: Section 3(C) of Ordinance No. 2002 -10 for solid waste services between the City of Newport Beach and Roche Excavating, Inc. is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Roche Excavating, Inc. is hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on June 27, 2002 and expire on March 1, 2007. The franchises shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. The franchise shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 10: Section 3(C) of Ordinance No. 2002 -25 for solid waste services between the City of Newport Beach and Greenleaf Engineering, also known as Tim Greenleaf Engineering, is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Greenleaf Engineering, also known as Tim Greenleaf Engineering is hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on November 21, 2002 and expire on March 1, 2007. The franchise shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 11: Section 3(C) of Ordinance No. 2002 -28 for solid waste services between the City of Newport Beach and Southern California Environmental, Inc., and Progressive Land Clearing, dba Thomas Demolition, is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Southern California Environmental, and Exhibit B, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Progressive Land Clearing, dba Thomas Demolition, are hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on December 25, 2002 and expire on March 1, 2007. The franchise shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 12: Section 3(C) of Ordinance No. 2004 -14 for solid waste services between the City and Goodwin Enterprises, Inc. is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Goodwin Enterprise, Inc. is hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on August 12, 2004 and expire on March 1, 2007. The franchise shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 13: Section 3(C) of Ordinance No. 2004 -17 for solid waste services between the City of Newport Beach and Direct Disposal, Inc. is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Direct Disposal, Inc. is hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on October 14, 2004 and expire on March 1, 2007. The franchise shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. 7 SECTION 14: Section 3(C) of Ordinance No. 2004 -28 for solid waste services between the City of Newport Beach and Robert's Waste and Recycling, Inc. is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement ") attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Robert's Waste and Recycling, Inc. is hereby adopted, approved and incorporated into this Ordinance by reference, shall commence at 12:01 a.m., on February 10, 2005 and expire on March 1, 2007. The franchise shall take effect on the date specified above provided that the grantee has filed written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. SECTION 15: This extension of franchise shall not become effective until written acceptance of the extension of the franchise and a written amendment of the franchise agreement, in a form acceptable to the City Attorney, has been fully executed and filed with the City Clerk by the franchisee. Each franchisee shall file written acceptance of the extension of the franchise and a written amendment to, the franchise agreement, in a form acceptable to the City Attorney, no later than ten (10) days after the adoption of this Ordinance. SECTION 16: Except as expressly modified herein, all other provisions, terms, and covenants set forth in Ordinance Nos. 95 -64, 97-4, 97 -38, 99 -3, 99 -5, 99 -8, 2001 -17, 2002 -10, 2002 -25, 2002 -28, 2004 -14, 2004 -17, and 2004 -28 shall remain unchanged and shall be in full force and effect SECTION 17: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 18: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 19: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2005, and adopted on the _ day of 2005, by the following vote, to wit: 0 AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK p • "RECEIVED AFTER AGENDA PRINTED:" A'22 0 -23-25 ORDINANCE NO. 2005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING NON - EXCLUSIVE FRANCHISES TO PROVIDE SOLID WASTE COLLECTION SERVICES UPON THE CITY STREETS AND WITHIN THE CITY OF NEWPORT BEACH The City Council of the City of Newport Beach does ordain as follows: RECITALS WHEREAS, by approving Ordinance No. 95 -64, the City of Newport Beach entered into solid waste franchise agreements with Rainbow Disposal Co., Inc., a California corporation, 17121 Nichols Street, Huntington Beach, California 92647, Ware Disposal, Inc., a California corporation, P.O. Box 8206, Newport Beach, California 92658, Federal Disposal, P.O. Box 14730, Irvine, California 92623, and Waste Management of Orange County, Inc., which was subsequently merged with USA Waste of California, Inc., a Delaware corporation, dba as Waste Management of Orange County, 1800 S. Grand Street, Santa Ana, California 92705. The franchises and franchise agreements approved by Ordinance No. 95 -64 will expire on January 1, 2006. • WHEREAS, by approving Ordinance No. 97 -4, the City of Newport Beach entered into a solid waste franchise agreement with Tight Quarters, Inc., a California corporation, 2031 S. Anne Street, Santa Ana, California 92704. The franchise and franchise agreement approved by Ordinance No. 97 -4 will expire on March 1, 2006. • WHEREAS, by approving Ordinance No. 97 -38, the City of Newport Beach entered into a solid waste franchise agreement with Key Disposal, Inc., a California corporation, 1141 S. Taylor Avenue, Montebello, California 90640. The franchise and franchise agreement approved by Ordinance No. 97 -38 will expire on January 1, 2006. WHEREAS, by approving Ordinance No. 99 -3, the City of Newport Beach entered into solid waste franchise agreements with American Wrecking, Inc., a California corporation, 2459 Lee Avenue, South El Monte, California 91733, and West Coast Land Clearing, Inc., P. O. Box 90126, Long Beach, California 90809. The franchises and franchise agreements approved by Ordinance No. 99 -3 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 99 -5, the City of Newport Beach entered into solid waste franchise agreements with Greenleaf Grading Co., Inc., a California corporation, 7702 Yukon Drive, Huntington Beach, California 92648, and The Lane Company, a sole proprietorship, 5113 W. Kent Avenue, Santa Ana, California 92704. The franchises and franchise agreements approved by Ordinance No. 99 -5 will expire on January 9, 2006. 1 WHEREAS, by approving Ordinance No. 99 -8, the City of Newport Beach entered into a • solid waste franchise agreement with Kevin Ray Demolition, sole proprietorship, 580 Explorer Street, Brea, California 92821. The franchise and franchise agreement approved by Ordinance No. 99 -8 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2001 -17, the City of Newport Beach entered into solid waste franchise agreements with Pacific Earthworks, 34249 Camino Capistrano No. 216, Capistrano Beach, California 92624 and Cousyn Grading and Demolition, a sole proprietorship, 2034 N. Capella Court, Costa Mesa, California 92626. The franchises and franchise agreements approved by Ordinance No. 2001 -17 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2002 -10, the City of Newport Beach entered into a solid waste franchise agreement with Roche Excavating, Inc., a California corporation, 1051 E. 6th Street, Santa Ana, California 92701. The franchise and franchise agreement approved by Ordinance No. 2002 -10 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2002 -25, the City of Newport Beach entered into a solid waste franchise agreement with Greenleaf Engineering, a California corporation, which is also known as Tim Greenleaf Engineering, 18685 Main Street, Suite A -371, Huntington Beach, California 92648. The franchise and franchise agreement approved by Ordinance No. 2002 -25 will expire on January 9, 2006. • WHEREAS, by approving Ordinance No. 2002 -28, the City of Newport Beach entered into solid waste franchise agreements with Southern California Environmental, Inc., a California corporation, 25422 Trabuco Road No. 105 -409, Lake Forest, California 92630, and Progressive Land Clearing, a California corporation, dba Thomas Demolition, 4505 Manhattan Beach Blvd., Lawndale, California 90260. The franchises and franchise agreements approved by Ordinance No. 2002 -28 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2004 -14, the City of Newport Beach entered into a solid waste franchise agreement with Goodwin Enterprises, Inc., a California corporation, P.O. Box 7388, Capistrano Beach, California 92624. The franchise and franchise agreement approved by Ordinance No. 2004 -14 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 2004 -17, the City of Newport Beach entered into a solid waste franchise agreement with Direct Disposal, Inc., a California corporation., 5901 Warner Avenue, No. 229, Huntington Beach, California 92649. The franchise and franchise agreement approved by Ordinance No. 2004 -17 will expire on January 9, 2006. 2 0 WHEREAS, by approving Ordinance No. 2004 -28, the City of Newport Beach entered into a solid waste franchise agreement with Robert's Waste and Recycling, Inc., a • California corporation, 1580 E. Edinger Avenue, Suite L, Santa Ana, California 92705. The franchise and franchise agreement approved by Ordinance No. 2004 -28 will expire on January 9, 2006. WHEREAS, by approving Ordinance No. 95 -64, the City of Newport Beach entered into solid waste franchise agreement with Orco Disposal Services. The franchise and franchise agreement approved by Ordinance No. 95 -64 will expire on January 1, 2006. WHEREAS, by adopting Resolution No. 98 -78, the City of Newport Beach approved the assignment of the Orco Disposal Services franchise and franchise agreement to CR &R, Incorporated, California corporation, 11292 Western Avenue, Stanton, California 90680. WHEREAS, by approving Ordinance No. No. 99 -5 the City of Newport Beach entered into solid waste franchise agreement with Briggeman Disposal Services, Inc., a California corporation. The franchise and franchise agreement approved by Ordinance No. 99 -5 will expire on January 9, 2006. WHEREAS, by adopting Resolution No. 99 -76, the City of Newport Beach approved the assignment of the Briggeman Disposal Inc., franchise and franchise agreement to Consolidated Disposal Services, LLC, dba Briggeman Disposal Services. •WHEREAS, by adopting Resolution No. 2003 -43, the City of Newport Beach approved the assignment of Consolidated Disposal Services, L.L.C. franchise and franchise agreement to Republic Services, Inc., a Delaware corporation, dba Briggeman Disposal, L.L.C., Consolidated Disposal Services, L.L.C., and Taormina Industries, L.L.C, 1131 N. Blue Gum Street, Anaheim, California 92815. WHEREAS, City and each franchisee desire to extend each of the franchises and franchise agreements until March 1, 2007 to allow additional time for negotiations related to the terms of new franchises and franchise agreements. NOW THEREFORE the City Council of the City of Newport Beach does ordain as follows: SECTION 1: Section 3(C) of Ordinance No. 95 -64 for solid waste services between the City of Newport Beach and Rainbow Disposal Co., Inc., Ware Disposal, Inc., Federal Disposal, USA Waste of California, Inc., dba as Waste Management of Orange County, the successor in interest to the franchise and franchise agreement awarded to Waste Management of Orange County, Inc., and CR &R, Incorporated, the successor in interest to the franchise and franchise agreement awarded to Orco Disposal, is hereby amended to read as follows: • 3 3(C) Term of Franchise The franchise shall commence at 12:01 a.m., on January 1, 1996 and expire on March • 1, 2007. SECTION 2: The City Council hereby approves the assignment of the Waste Management of Orange County, Inc.'s franchise to USA Waste of California, Inc. dba as Waste Management of Orange County. The City Manager is hereby authorized to execute an agreement in a form executed and approved by the City Attorney to assign the Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Waste Management of Orange County, Inc. to USA Waste of California, Inc. dba as Waste Management of Orange County ( "Assignment Agreement "). The Assignment Agreement shall require that USA Waste of California, Inc. dba as Waste Management of Orange County accept the terms of the franchise and perform all conditions thereof. SECTION 3: Section 3(C) of Ordinance No. 97 -4 for solid waste services between the City of Newport Beach and Tight Quarters, Inc. is hereby amended to read as follows: The franchise shall commence at 12:01 a.m., on March 1, 1997 and expire on March 1, 2007. SECTION 4: Section 3(C) of Ordinance No. 97 -38 for solid waste services between • the City of Newport Beach and Key Disposal, Inc., is hereby amended to read as follows: 3(C) Term of Franchise The franchise shall commence at 12:01 a.m., on January 1, 1998 and expire March 1, 2007. SECTION 5: Section 3(C) of Ordinance No. 99 -3 for solid waste services between the City of Newport Beach and American Wrecking, Inc., and West Coast Land Clearing, Inc., is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreements ( "Agreements ") attached to Ordinance No. 99 -3 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and American Wrecking, Inc. and Exhibit B Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and West Coast Land Clearing, Inc. which were adopted, approved and incorporated into Ordinance 99 -3 by reference, and on file in the Office of 4 0 the City Clerk, shall commence at 12:01 a.m., on March 10, 1999 and expire on March • 1, 2007. SECTION 6: Section 3(C) of Ordinance No. 99 -5 for solid waste services between the City of Newport Beach and Greenleaf Grading Co., The Lane Company, and Republic Services, Inc., the successor in interest to the franchise agreement awarded to Briggeman Disposal Services is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreements ( "Agreements') attached to Ordinance No. 99 -5 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Greenleaf Grading Company, Exhibit B Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and The Lane Company, and Exhibit C Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Republic Services, Inc., the successor in interest to Briggeman Disposal Services, Inc. which were adopted, approved and incorporated into Ordinance No. 99 -5 by reference, and on file in the Office of the City Clerk, shall commence at 12:01 a.m., on April 21, 1999 and expire on March 1, 2007. SECTION 7: Section 3(C) of Ordinance No. 99 -8 for solid waste services between the City of Newport Beach and Kevin Ray Demolition is hereby amended to read as • follows: 3(C) Term of Franchise The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached to Ordinance No. 99 -8 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Kevin Ray Demolition which was adopted, approved and incorporated into Ordinance No. 99 -8 by reference, and on file in the Office of the City Clerk, shall commence at 12:01 a.m., on May 26, 1999 and expire on March 1, 2007. SECTION 8: Section 3(C) of Ordinance No. 2001 -17 for solid waste services between the City of Newport Beach, Pacific Earthworks and Cousyn Grading and Demolition is hereby amended to read as follows: 3(C) Term of Franchises The term of the franchise per Section 2 of the Franchise Agreement ( "Agreement') attached to Ordinance No. 2001 -17 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Pacific Earthworks, and Exhibit B Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Cousyn Grading and Demolition which was adopted, approved and • 5 incorporated into Ordinance No. 2001 -17 by reference, and on file in the Office of the City Clerk, shall commence at 12:01 a.m., on September 27, 2001 and expire on March • 1, 2007. SECTION 9: Section 3(C) of Ordinance No. 2002 -10 for solid waste services between the City of Newport Beach and Roche Excavating, Inc. is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached to Ordinance 2002 -10 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Roche Excavating, Inc. adopted, approved and incorporated into Ordinance No. 2002 -10 by reference, and on file in the Office of the City Clerk, shall commence at 12:01 a.m., on June 27, 2002 and expire on March 1, 2007. SECTION 10: Section 3(C) of Ordinance No. 2002 -25 for solid waste services between the City of Newport Beach and Greenleaf Engineering, also known as Tim Greenleaf Engineering, is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') • attached to Ordinance No. 2002 -25 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Greenleaf Engineering, also known as Tim Greenleaf Engineering adopted, approved and incorporated into Ordinance No. 2002 -25 by reference, and on file in the Office of the City Clerk, shall commence at 12:01 a.m., on November 21, 2002 and expire on March 1, 2007, SECTION 11: Section 3(C) of Ordinance No. 2002 -28 for solid waste services between the City of Newport Beach and Southern California Environmental, Inc., and Progressive Land Clearing, dba Thomas Demolition, is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement') attached to Ordinance No. 2002 -28 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Southern California Environmental, and Exhibit B, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Progressive Land Clearing, dba Thomas Demolition, adopted, approved and incorporated into Ordinance No. 2002 -28 by reference, and on file in the Office of the City Clerk, shall commence at 12:01 a.m., on December 25, 2002 and expire on March 1, 2007. 6 is • SECTION 12: Section 3(C) of Ordinance No. 2004 -14 for solid waste services between the City and Goodwin Enterprises, Inc. is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement ") attached to Ordinance No. 2004 -14 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Goodwin Enterprise, Inc. adopted, approved and incorporated into Ordinance No. 2004 -14 by reference, and on file in the Office of the City Clerk, shall commence at 12:01 a.m., on August 12, 2004 and expire on March 1, 2007. SECTION 13: Section 3(C) of Ordinance No. 2004 -17 for solid waste services between the City of Newport Beach and Direct Disposal, Inc. is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement ") attached to Ordinance No. 2004 -17 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Direct Disposal, Inc. adopted, approved and incorporated into Ordinance No. 2004 -17 by reference, and on • file in the Office of the City Clerk, shall commence at 12:01 a.m., on October 14, 2004 and expire on March 1, 2007. SECTION 14: Section 3(C) of Ordinance No. 2004 -28 for solid waste services between the City of Newport Beach and Robert's Waste and Recycling, Inc. is hereby amended to read as follows: 3(C) Term of Franchises The term of each franchise per Section 2 of the Franchise Agreement ( "Agreement ") attached to Ordinance No. 2004 -28 as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Robert's Waste and Recycling, Inc. adopted, approved and incorporated into Ordinance No. 2004 -28 by reference, and on file in the Office of the City Clerk, shall commence at 12:01 a.m., on February 10, 2005 and expire on March 1, 2007. SECTION 15: This extension of franchise shall not become effective until written acceptance of the extension of the franchise and a written amendment of the franchise agreement, in a form acceptable to the City Attorney, has been fully executed and filed with the City Clerk by the franchisee. Each franchisee shall file written acceptance of the extension of the franchise and a written amendment to the franchise agreement, in a form 40 7 acceptable to the City Attorney, no later than ten (10) days after the adoption of this Ordinance. . SECTION 16: Except as expressly modified herein, all other provisions, terms, and covenants set forth in Ordinance Nos. 95 -64, 97 -4, 97 -38, 99 -3, 99 -5, 99 -8, 2001 -17, 2002 -10, 2002 -25, 2002 -28, 2004 -14, 2004 -17, and 2004 -28 shall remain unchanged and shall be in full force and effect. SECTION 17: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 18: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 19: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2005, and adopted on the day of 2005, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: CITY CLERK • 8 0 ............................................................ ............................... .................... �3 Tuesday, November 22, 2005 To: The Mayor and all members of The City Council A matter which amends and modifies City Ordinance 14.24.020 is being brought before you this evening. Due to previous commitments I will not be able to make a public comment on this item tonight in your Council meeting. I was only informed that this matter would be on your consent calender about an hour ago and can not be present. However I would like you to consider the following letter as a request to delay any action upon this matter for the time being. Over the last several months and in reality over the last decade, I have held the position that all work required by a joint memorandum between The Building Department and The Utilities Departments requiring persons performing work on their residences to be compelled to improve the city owned sewer lateral, upon city property, at their expense was an unenforceable "Memorandum ". In many, recent, discussions, letters and telephone conversations between myself and officials within the Building Department, Utilities Department and City Attorneys Office, I made that position clear. Only now, when many people including myself, either have gone on, or are planning to leave on a Thanksgiving vacation does a request to amend a City Ordinance which will make legal, past unenforceable practices, does the matter come before the City Council. I have read the Staff Report regarding the subject and find many points which are incorrect or misleading which need to be corrected and clarified. I also take particular offense with the staff report based on the fact that it was written by Mr. Daniel K Ohl. Mr. Ohl was my primary contact within the City attorney's office over the last several months. It appears that Mr. Ohl has been preparing this document, which amend several deficiencies to the City Ordinance 14.24.020 in secret, while all the while contending that the current City Ordinances were compelling enough to have myself and everyone else perform the requirements of new sewer lateral clean outs for the city. My request for you, and the entire City Council is to not conduct any business on this item until you can know and understand all of the facts in this matter. I also feel that I have a unique perspective of the situation which may influence how you will react when deciding how to vote on this matter. As you know, I have written you all a brief letter regarding the matter. Unfortunately I do not know exactly how a modification becomes law within the City of Newport Beach. If this modification request on tonight's consent calender is only a formality which will lead to further discussions and public hearings I could agree to this. If this allows for placing the modification into law I would have serious reservations. I think that the City Council should shine a bright light upon this item prior to changing any current City ordinances. Yours , er one 500 Morning Star Lane Newport Beach, CA 92660 949 - 675 -3252 Fax 949- 650 -5571