February 11, 2025
Agenda Item No. 13
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:
Ordinance No. 2025-1: Granting Non-Exclusive Commercial Solid Waste Franchise Agreements ABSTRACT:
On January 28, 2025, the City Council adopted Resolution No. 2025-6, declaring its intention to conduct a public hearing on February 11, 2025, to consider granting Non-Exclusive Commercial Solid Waste Franchises to BC Hauling and Demolition, California Waste Services LLC, and Tim Greenleaf Engineering. Following the public hearing, the City Council will consider an ordinance granting franchises to these entities.
RECOMMENDATIONS:
Conduct a public hearing to consider the award of Non-Exclusive Commercial Solid Waste Franchises pursuant to Resolution No. 2025-6; 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 Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-1, An Ordinance of the City Council of the City of Newport Beach, California, Granting Non-Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport Beach, and pass to second reading on February 25, 2025.
DISCUSSION:
On January 28, 2025, the City Council passed Resolution No. 2025-6, declaring its intent 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. Staff received and reviewed franchise applications from the three entities listed in Resolution No. 2025-6 (Attachment A).
Based upon staff’s review, staff believes these three franchise applicants meet the requirements of Newport Beach Municipal Code Section 12.63.080 and request the City Council approve or conditionally approve their requested Non-Exclusive Commercial Solid Waste Franchise Agreements.
Following the public hearing, City Council may introduce an ordinance granting a franchise to each entity and pass it to second reading on February 25, 2025. If the City Council determines that changes should be made to the terms and conditions of a franchise, a new resolution of intention must be adopted, and the proceedings repeated. The franchises become effective 30 days after the ordinance adoption, on March 27, 2025, contingent on the execution of the franchise agreements and approval of each firm’s insurance and bond requirements. The franchises expire October 7, 2027.
FISCAL IMPACT:
Approved franchisees that are granted Non-Exclusive Franchise Agreements for Commercial Solid Waste Handling Services within the city must pay a franchise fee to the City of Newport Beach equal to 16% of the gross receipts of all commercial franchise services provided by the franchisee in the city.
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 – Ordinance No. 2025-1
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13-1
Ordinance No. 2025-1: Granting Non-Exclusive
Commercial Solid Waste Franchise Agreements
February 11, 2025
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