HomeMy WebLinkAboutItem 25 - Intent to Award a Solid Waste Franchise Agreement Public Works Agency
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Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 20, 2021
TOPIC: Intent to Award a Solid Waste Franchise Agreement
AGENDA TITLE
Adopt Resolution of Intent to Award Solid Waste Franchise
RECOMMENDED ACTION
Adopt a resolution declaring the City Council’s intent to hold a public hearing on August
17, 2021 to award a solid waste franchise to one of four proposers, which includes Athens
Services, CR&R Environmental Services, Republic Services, or Waste Management.
DISCUSSION
The City Council is proposing to award a Solid Waste Franchise (Franchise) to one of
four proposers, which includes Athens Services, CR&R Environmental Services,
Republic Services, or Waste Management on August 17, 2021. The Franchise is for the
collection and handling of solid waste generated, produced and/or accumulated in the
City of Santa Ana. On August 17, 2021, Council is scheduled to award an agreement
between the City of Santa Ana and the successful proposer.
Section 1303 of the City of Santa Ana Municipal Code requires that before granting any
franchise, the City Council shall pass a resolution declaring its intention to grant the
same, 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 day, hour, and place when and where any persons having any interest
therein, or any objection to the granting thereof, may appear before the City Council and
be heard thereon. The City Council shall direct the Clerk of the Council to publish said
resolution at least once within fifteen (15) days of the passage thereof, in the official
newspaper. The time fixed for such hearing shall not be less than twenty (20) nor more
than sixty (60) days after the passage of said resolution. At the time set for the hearing,
the City Council shall proceed to hear and pass upon all protests and its decision
thereon shall be final and conclusive. Thereafter, it may grant, or deny, the franchise,
subject to the right of referendum of the people.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
Resolution of Intent to Award a Solid Waste Franchise Agreement
July 20, 2021
Page 2
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FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution of Intent to Award Solid Waste Franchise
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
jmf 7/8/21
Resolution No. 2021-XXX
Page 1 of 2
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING ITS INTENTION TO AWARD A
SOLID WASTE FRANCHISE AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Section 1300 of the Santa Ana City Charter confers on the City Council
authority “to grant franchises or rights or make contracts providing for the furnishing of the
City and its inhabitants with transportation, communications, terminal facilities, water, light,
heat, power, refrigeration and storage, or any other public utility or service, or using the
streets of the City for the operation of plants, works, or equipment for the furnishing thereof,
or traversing any portion of the streets of the City for the transmitting or conveying of any
such service elsewhere.”
B. Under Section 1300 of the Charter, the City Council may grant a franchise to
any person, form, or corporation, whether operating under an existing franchise or not, and
may prescribe the terms and conditions of any such grant.
C. As required by Section 1303 of the Charter, before granting any franchise,
the City Council must pass a resolution declaring its intention to do so and fixing the time,
date, and place for a public hearing at which the matter will be considered.
Section 2. Notice is hereby given that on August 17, 2021, at 5:45 p.m. or as
soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center
Plaza, Santa Ana, California, a public hearing will be held by the City Council to award a
franchise for the collection and handling of solid waste generated, produced, and/or
accumulated in the City of Santa Ana to one of the following entities upon the terms and
conditions stated in Request for Proposals No. 20-097, dated March 24, 2020, and as
further negotiated by the parties: Arakelian Enterprises, Inc. dba Athens Services, CR&R
Incorporated, Republic Waste Services of Southern California, LLC dba Republic Services,
or Waste Management Collection and Recycling, Inc. dba Waste Management of Orange
County. At this time, any and all persons interested in or objecting to the proposed award
may appear and be heard.
Section 3. The Clerk of the Council is hereby directed to cause this Resolution to
be published at least once within fifteen (15) days of its adoption in a newspaper of general
circulation in the City.
EXHIBIT 1
jmf 7/8/21
Resolution No. 2021-XXX
Page 2 of 2
Section 4. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this ____ day of ___________________, 2021.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No.
2021 -_____ to be the original resolution adopted by the City Council of the City of Santa
Ana on _____________________, 2021.
Date:
Clerk of the Council
City of Santa Ana
ResolutionofIntenttoAwardSolidWasteFranchise
CITY
COUNCILMEETING
JULY20,
2021
CITYOFSANTAANA, PUBLICWORKSAGENCY, 20CIVICCENTERPLAZA, SANTAANA, CA92702
ResolutionofIntent
Section1303oftheCityofSantaAnaMunicipalCoderequiresthatbeforegrantinganyfranchise,
theCityCouncilshallpassa
resolutiondeclaringitsintentiontograntthesame,
statingthe
nameoftheproposedgrantee,
thecharacterofthefranchise,
andthetermsandconditionsuponwhichitisproposedtobegranted. ThroughtheCity’ssolidwasteservicesrequestforproposalprocess,
theCityintendstoawardasolidwastefranchiseon
August17,
2021tooneoffourproposers:
AthensServices
CR&REnvironmental
Services
RepublicServices
WasteManagement
CITYOFSANTAANA, PUBLICWORKSAGENCY, 20CIVICCENTERPLAZA, SANTAANA, CA92702
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