1 RESOLUTION NO. 23985
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE,
CALIFORNIA, DECLARING ITS INTENTION TO GRANT AN EXCLUSIVE 3 RESIDENTIAL AND COMMERCIAL SOLID WASTE HAULING
FRANCHISE TO ARAKELIAN ENTERPRISES, INC. DOING BUSINESS AS
ATHENS SERVICES AND FIXING THE TIME AND PLACE FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF RIVERSIDE. 5 6 WHEREAS, the City of Riverside ("City") is a community of about 314,998, ranked as 7 the 12th most populous city in California, with projected annual growth of 0.51%. Currently, 8 there are 63,484 Residential Solid Waste Accounts and 7,408 Commercial Accounts; and 9 WHEREAS, current solid waste collection services are provided through a combination 10 of City staff and franchise agreements; and
11 WHEREAS, City collection staff provide residential collection services for 12 approximately two thirds of the City's residential customers; the remaining one third of 13 residential customers are currently serviced by Burrtec Waste Industries through an exclusive 14 agreement, which expires on June 30, 2023; and
15 WHEREAS, commercial collection service is provided through non-exclusive 16 agreements with Burrtec Waste Industries, Arakelian Enterprises, Inc. dba Athens Services, and 17 CR&R Environmental Services. These agreements have been in place since 2001 and are set to 18 expire on June 30, 2023; and
19 WHEREAS, Public Resources Code section 40059 provides that a City may determine 20 that aspects of solid waste handling are a matter of local concern and that the City may contract 21 for such services with or without use of a competitive bidding process. Section 40059 further 22 provides that the governing body of a local government agency may by resolution or ordinance, 23 prescribe terms and conditions upon which authority to provide solid waste handling services 24 may be granted; and
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27 RIVERSIDE, CA 92522 1
(951) 826-5567
1 WHEREAS, on August 18, 2022, the City issued RFP No. 2219, soliciting qualified 2 vendors to submit proposals for Residential and Commercial Garbage, Recyclable Material, and 3 Organic Waste Collection Services; and
4 WHEREAS, the residential services solicited are limited to the one third of residential 5 accounts presently serviced through a collection services agreement, the remaining two thirds 6 will continue to be serviced by City collections staff; and 7 WHEREAS, after evaluating responsive proposals, City staff determined that Arakelian 8 Enterprises, Inc. dba Athens Services ("Athens Services") submitted the highest scoring proposal 9 for both residential and commercial services; and
10 WHEREAS, Riverside Municipal Code ("RMC) section 6.04.050 provides that no 11 persons, firm or corporation, other than one of the City authorized solid waste haulers acting 12 pursuant to their contract with the City, shall collect residential solid waste, recyclable or organic 13 recyclable material within the City; and
14 WHEREAS, RMC section 6.06.030 provides that no persons, firm or corporation, other 15 than one of the City-authorized solid waste haulers acting pursuant to their contract with the 16 City, shall collect commercial solid waste, recyclable or organic recyclable material within the 17 City; and
18 WHEREAS, pursuant to Section 1301 of the City's Charter, "[b]efore granting any 19 franchise, the City Council shall pass a resolution declaring its intention to grant the same, 20 stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the 22 day, hour and place when and where any persons having any interest therein or any objection to 23 the granting thereof may appear before the City Council and be heard thereon." 24 WHEREAS, it is the intent of the City to award an exclusive franchise agreement to 25 Athens Services for residential and commercial solid waste collection services for a fifteen-year 26 term through June 30, 2038, with an option to extend for an additional five years through June 27 30, 2043; and
TY ATTORNEY'S OFFI
00 MAIN STRE 2
RIVERSIDE. CA 92522
(951) 826-5567
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside as 2 follows:
3 Section 1: It is the intention of the City Council to grant a franchise as follows:
4 a. Name of proposed grantee: ARAKELIAN ENTERPRISES, INC. DOING 5 BUSINESS AS ATHENS SERVICES
6 b. Character of franchise: Residential and Commercial Solid Waste, Garbage, Recyclable Material, and Organic Waste Collection Services c. Terms and conditions upon which the franchise is proposed to be granted:
9 i. Grantee shall execute commercial and residential franchise agreements 10 in substantially the same form as the Agreement For The Provision Of Commercial And Multi-Family Dwelling Garbage, Recyclable 12 Materials, And Organic Waste Collection Services and the Agreement 13 For The Provision Of Single-Family Dwelling Garbage, Recyclable 14 Materials, And Organic Waste Collection Services ("Proposed 15 Agreements") presented to the Council on this date and on file with the 16 City Clerk, which are incorporated herein by reference. ii. Grantee shall comply with all terms of the Proposed Agreements. iii. Grantee shall comply with all requirements of the Riverside Municipal 19 Code, including but not limited to Chapters 6.04 and 6.06. 20 2. Section 2: Notice is hereby given that the City Council will hold a public hearing on 21 the proposed Residential and Commercial Garbage, Recyclable Material, and Organic 22 Waste Collection Services, on May 23, 2023, at the hour of 3:00 p.m. in the Art Pick 23 Council Chambers at the Riverside City Hall, 3900 Main Street in the City of 24 Riverside, California. Any protests or objections to the proposed granting of the 25 franchise may be made orally or in writing by any interested person. Mail written 26 statements to City Clerk, City Hall, 3900 Main Street, Riverside, CA 92522, or email 27 [email protected]. Interested persons will be afforded the opportunity to
CITY ATTORNEY'S OFFICE
3900 MAIN STReeT 3
RIVERSIDE, CA 92522
(951) 826-5567
1 speak and be heard at 3:00 p.m. on May 23, 2023, by appearing in-person at the 2 public hearing at the Art Pick Council Chamber at 3900 Main Street, Riverside, 3 California, or calling (669) 900-6833 and entering Meeting ID: 926 9699 1265. 4 3. Section 3: The City Clerk shall give notice of the public hearing by causing this 5 Resolution of Intention to be published at least once in The Press Enterprise within fifteen (15) days of the passage of this Resolution and at least ten (10) days prior to the hearing.
8 ADOPTED by the City Council this 9th day of May, 2023. 9 PaericinToselamm
10 PATRICIA LOCK DAWSON
Mayor of the City of Riverside
11 12 Attest:
13 14 DONESIA GAUSE
City Clerk of the City of Riverside
15 16
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the 17 foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City 18 19 at its meeting held on the 9th day of May, 2023, by the following vote, to wit:
20 Ayes: Edwards, Cervantes, Fierro and Plascencia
Noes: Conder, Perry and Hemenway
Absent:
22 Abstain:
23 24
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27 CITY ATTORNEY'S OFFICE
3900 MAIN STREET 4
RIVERSIDE, CA 92522
(951) 826-5567
1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of 2 the City of Kiverside, Calitornia, this 10th day of May, 2023 3 4 DONESIA GAUSE
City Clerk of the City of Riverside
5 6
CA 23-0306 RMS 5/3/23
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CITY ATTORNEY'S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567