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Home My WebLink About2010 - 27 - Green Environmental WasteRESOLUTION NO. 2010-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TERMINATING THE COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND GREEN ENVIRONMENTAL WASTE & RECYCLING, LLC WHEREAS, on February 26, 2008, the City of Newport Beach ( "City") granted a Non- exclusive Franchise to Green Environmental Waste & Recycling, LLC ("Green Environmental ") for commercial solid waste collection services ( "Franchise Agreement "); and WHEREAS, on March 5,20 10, the City was notified by letter that Green Environmental sold their business to Universal Waste Systems, Inc., and will no longer operate within the City; and WHEREAS, Green Environmental has requested, in writing, that the City terminate their Franchise Agreement; and WHEREAS, on March 8, 2010 the City mail Green Environmental a notice of intent to terminate their Franchise Agreement pursuant to Newport Beach Municipal Code ( "Code ") Section 12.63.140(A); and WHEREAS, on March 23, 2010 the City Council held a hearing pursuant to Code Section 12.63.140 and received testimony from staff and interested parties regarding the termination of Green Environmental's Franchise Agreement. that: NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach 1. Based upon the evidence submitted at the hearing the City Council finds that Green Environmental owes the City $1,861.55 in franchise fees in violation of Code Section 12.63.140(D)(1). The City Council finds further, that in light of Green Environmental purchase and subsequent dissolution by Universal Waste Systems, Inc. its Franchise Agreement is no 1 i i longer valid under Code Section 12.63.140(D)(2). And the City Council expressly finds that this invalid Franchise Agreement constitutes a material consideration for the discontinuation of Green Environmental's Franchise Agreement. 2. The City Council hereby approves the termination of Green Environmental's Franchise Agreement. The Agreement to Surrender the Commercial Solid Waste Collection Franchise Agreement between the City of Newport Beach and Green Environmental Waste & Recycling, LLC attached hereto as Exhibit "A," is hereby approved and the City Manager is authorized to execute the Agreement as written. 3. The City Council finds that this resolution 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. Adopted this 23rd day of March, 2010 Dated: ATTEST: CITY CLERK CITY OF NEWPORT BEACH, A Municipal Corporation 0 �J MAYOR 2 EXHIBIT "A" AGREEMENT TO SURRENDER COMMERCIAL WASTE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND GREEN ENVIRONMENTAL WASTE & RECYCLING, LLC This Agreement is entered into on this day, the day of , 2010 and executed by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "CITY") and GREEN ENVIRONMENTAL WASTE & RECYCLING, LLC ("GREEN ENVIRONMENTAL "). RECITALS Pursuant to CITY Ordinance No. 2008 -7, CITY and GREEN ENVIRONMENTAL entered into a Commercial Solid Waste Collection Franchise Agreement dated February 26, 2008 ( "AGREEMENT "). On March 5,2010 CITY was notified by letter that GREEN ENVIRONMENTAL is selling the company and will no longer operate within the CITY. NOW THEREFORE, CITY and GREEN ENVIRONMENTAL agree as follows: 1. The AGREEMENT is hereby terminated, effective on April 10, 2010 and shall be of no farther force and effect. 2. By signing this agreement, GREEN ENVIRONMENTAL agrees to surrender all rights to do business as.Green Environmental Waste & Recycling, LLC to operate commercial solid waste collection services within the CITY limits. 3. GREEN ENVIRONMENTAL shall be liable for payment to the CITY of all applicable fees associated with the GREEN ENVIRONMENTAL's performance of solid waste collection services performed during the term of this AGREEMENT through April 10, 2010 including but not limited to the following: a. Current and outstanding Franchise Fees (currently estimated at $1,861.55) b. All applicable charges associated with late payment of Franchise Fees pursuant to Section 4 of this AGREEMENT C. All applicable charges associated with report delinquencies pursuant to Section 6 of the AGREEMENT 4. GREEN ENVIRONMENTAL agrees to submit any outstanding Disposal Reports per Section 6 of the AGREEMENT including Quarterly Disposal Report for the activity performed through April 10, 20 10. . 5. GREEN ENVIRONMENTAL agrees that it has removed, or will remove within fifteen (15) calendar days after the City Manager's approval of this agreement all equipment from GREEN ENVIRONMENTAL's service locations within the City limits. 6. GREEN ENVIRONMENTAL agrees that it will obtain a new franchise agreement with the CITY prior to initiating future solid waste collection services within the CITY's limits. WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE WRITTEN BELOW EACH SIGNATUE: Dated: ATTEST City Clerk APPROVED AS TBvvwvc"k� OFORM: City Attorney Lo CITY OF NEWPORT BEACH, A Municipal Corporation City Manager "GREEN ENVIRONMENTAL" Green. Environmental Waste & Recycling, Inc. By: — Name: Title. Date: STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 1 CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -27 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of March, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of March, 2010. City Clerk Newport Beach, California (Seal)