January 28, 2025
Agenda Item No. 3
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
David A. Webb, Public Works Director - 949-644-3311, [email protected] PREPARED BY:
Charles Springer, Senior Management Analyst, 949-718-3466, [email protected] TITLE:
Resolution No. 2025-6: Resolution of Intention to Conduct a Public Hearing to Consider Granting Non-Exclusive Commercial Solid Waste and Divertible Materials Handling Franchises to BC Hauling and Demolition, California Waste Services LLC, and Tim Greenleaf Engineering ABSTRACT:
As required by Article XIII of the City Charter, staff requests City Council approval of a resolution declaring its intention to conduct a public hearing to consider granting non-exclusive commercial solid waste and divertible materials handling franchises to BC Hauling and Demolition, California Waste Services LLC, and Tim Greenleaf Engineering. The public hearing will take place at the February 11, 2025, City Council meeting.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2025-6, A Resolution of the City Council of the City of Newport Beach, California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting Non-Exclusive Commercial Solid Waste and Divertible Materials Handling Franchises.
DISCUSSION:
The City utilizes a non-exclusive solid waste franchise system for the collection of solid waste throughout the city from commercial and industrial sources, as well as multi-family residential complexes, and any construction and demolition waste.
Article XIII of the City Charter requires City Council pass a resolution declaring its intention to grant any franchise, stating the proposed grantee’s name, the franchise’s character, and the terms and conditions it proposes to grant it upon.
The resolution must establish the date, time and location where interested persons may appear and be heard before City Council, be published by the City Clerk at least once in the official newspaper within 15 days of passage, and at least 10 days prior to the hearing date.
Staff reviewed the applications submitted by BC Hauling and Demolition, California Waste Services LLC, and Tim Greenleaf Engineering and requests City Council approval of this resolution of intention to conduct the public hearing at the February 11, 2025, City Council meeting to consider granting a Non-Exclusive Commercial Solid Waste Franchise to the aforementioned applicants.
FISCAL IMPACT:
Revenue is generated for the City by these agreements. Per Chapter 12.63 of Newport Beach Municipal Code, franchisees pay the City a fixed 16% of quarterly gross receipts derived from solid waste handling services within the City. Per the franchise agreement, 10.5% is used in line with Public Resources Code Section 41901, with a portion attributable to implementation and maintenance of the City’s Source Reduction and Recycling Element (SRRE). The remaining 5.5.% is paid into Environmental Liability Fund 160.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Resolution No. 2025-6
Attachment B – Sample Non-Exclusive Commercial Solid Waste Franchise Agreement 3-3
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Resolution of Intention to Conduct a Public Hearing to Consider Granting Non-Exclusive Commercial Solid Waste and Divertible Materials Handling Franchises January 28, 2025
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