February 25, 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:
Ordinance No. 2025-1: Granting Non-Exclusive Commercial Solid Waste Franchise Agreements ABSTRACT:
On February 11, 2025, the City Council held a public hearing to consider granting Non-Exclusive Commercial Solid Waste Franchises to BC Hauling and Demolition, California Waste Services LLC and Tim Greenleaf Engineering and introduced Ordinance No. 2025-1. Should the Council adopt the ordinance and thereby grant the franchise agreements to the three entities, the effective date would be March 27, 2025, and the expiration date would be October 7, 2027.
RECOMMENDATIONS:
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 Conduct second reading and adopt 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 to BC Hauling and Demolition, California Waste Services LLC and Tim Greenleaf Engineering.
DISCUSSION:
On February 11, 2025, the City Council held 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, and introduced Ordinance No. 2025-1.
No protests were received during the hearing. Based upon its review, staff believes the three franchise applicants met the Newport Beach Municipal Code Section 12.63.080 franchise application requirements.
Staff recommends the City Council adopt Ordinance No. 2025-1 and grant the applicants’ Non-Exclusive Commercial Solid Waste Franchise Agreements. If the City Council determines changes should be made in the terms and conditions of a franchise, a new resolution of intention must be adopted, and the proceedings repeated. The franchises would 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 would 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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Ordinance No. 2025-1: Granting Non-Exclusive
Commercial Solid Waste Franchise Agreements
February 25, 2025
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