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Home My WebLink About14 - Non-Exclusive Solid Waste Collection Franchise to Skyline Construction Services, Inc. dba Scor Industries, a California Corporation - Public HearingRESOLUTION NO. 2015-24 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 SKYLINE CONSTRUCTION SERVICES, INC. D.B.A SCOR INDUSTRIES, 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, Skyline Construction Services, Inc. d.b.a. Scor Industries, a California corporation, has submitted an application requesting a Non-exclusive Solid Waste Franchise that satisfies the City's application requirements. Page 1 of 5 NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that: 1. Pursuant to Section 12.63.080 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 April 28, 2015 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: May 29, 2015. 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 Page 2 of 5 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: May 29, 2015 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 recvclina 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. 3. 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. Page 3 of 5 a. Skyline Construction Services, Inc. d.b.a. Scor Industries, a California Corporation 4. 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 April 28, 2015. AnnPTFn thiq 14th riav of Anril gni., Edward D. Selic Mayor ATTEST: PO Leilani 1. Brown Q� City Clerk P Page 4 of 5 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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. 2015-24 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 14th day of April, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of April, 2015. �6� I l�,r CiVClerk U Newport Beach, California Page 5 of 5 McDonald, Cristal From: Wilfert, Rachell Sent: Monday, April 06, 2015 11:10 AM To: McDonald, Cristal Subject: RE: Resolution and Ordinance for April 14th Franchised Hauler I think you are right about publishing the resolution. Per the Council report it needs to be published by April 18th (10 days prior to public hearing on the 28th) Thanks, Rachell From: McDonald, Cristal Sent: Monday, April 06, 2015 11:07 AM To: Wilfert, Rachell Subject: RE: Resolution and Ordinance for April 14th Franchised Hauler Yes, you would provide the public notice. I think in the past we published the Resolution but I will verify. What dates does it need to be published? From: Wilfert, Rachell Sent: Monday, April 06, 2015 11:02 AM To: McDonald, Cristal Subject: Resolution and Ordinance for April 14th Franchised Hauler Hi Cristal, I am forwarding the word document version of the resolution and ordinance for my franchised hauler agreement that is going to Council on the 14th. I also included the OCA approved as to form ordinance. It has been awhile since I completed one of these so please let me know if I am missing anything. Do I need to make a notice for the public hearing? Thank you, Rachell Wilfert Management Specialist Municipal Operations Department City of Newport Beach 949 644-3010 rwilfert@newportbeachca.gov 1 RESOLUTION NO. 2015-24 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 SKYLINE CONSTRUCTION SERVICES, INC. D.B.A SCOR INDUSTRIES, 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, Skyline Construction Services, Inc. d.b.a. Scor Industries, 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 12.63.080 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 April 28, 2015 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: May 29, 2015. 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: May 29, 2015 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. L 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. 3. 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. Skyline Construction Services, Inc. d.b.a. Scor Industries, a California Corporation 4. 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 April 28, 2015. ADOPTED this 14th day of April, 2015. /s/ Edward D. Selich Mayor ATTEST: /s/ Leilani I. Brown City Clerk bus Angeles MEDIA G Mmes R 0 U P PROOF OF PUBLICATION (2015.6 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Apr 18, 2015 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illino's on this day of, 201,-. [signature] 435 N. Michigan Ave. Chicago, IL 60611 3218672 - Newport Harbor News Press Combined With Daily Pilot Page 1 of 2 Sold To: City of Newport Beach - C000072031 100 Civic Center Dr NEWPORT BEACH,CA 92660 Bill To: City of Newport Beach - CU00072031 100 Civic Center Dr NEWPORT BEACH,CA 92660 AMOLUMMr,; THS C0VMMLring 07Y WA - .,MI %UMM, Iz M 'o, ,au,4 Cjtmx e, Wo, 7 '7 3218672 - Newport Harbor News Press Combined With Daily Pilot Page 2 of 2