Resolution No. 6420
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RESOLUTION NO. 6420
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A NONDISPOSAL FACILITY ELEMENT
FOR ALL NEW AND EXISTING NONDISPOSAL FACILITIES
NEEDED TO IMPLEMENT LOCAL SOURCE REDUCTION AND
RECYCLING ELEMENTS PURSUANT TO PUBLIC RESOURCES
CODE SECTION 41730 ET SEQ.
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WHEREAS, Section 41791. 5 of the Public Resources Code (the
7 Integrated Waste Management Act) requires the City of Vernon to
8 submit a Nondisposal Facility Element (NDFE) to the California
9 Integrated Waste Management Board by April 30, 1994; and
10 WHEREAS, Section 41821 of said Act requires the City of
11 Vernon to submit a report by April 30, 1994 for its 1992 Source
12 Reduction and Recycling Element (SRRE) summarizing the City's
13 progress in achieving the required diversion requirements; and
14 WHEREAS, the City Council by Resolution No. 6407 dated
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April 5, 1994, entered into a contract with Emcon Associates to
16 develop the NDFE and the required SRRE report, and four quarterly
17 status reports for the City of Vernon in accordance with an
18 Agreement for Contractual Services; and
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WHEREAS, Emcon Associates has prepared the City of
20 Vernon's NDFE based on a survey of the waste hauling services in the
21 City of Vernon and which lists all permitted nondisposal facilities
22 currently utilized by such waste haulers; and
23 WHEREAS, Public Resources Code Section 40151 defines a
24 nondisposal facility as any solid waste facility required to obtain
25 a State of California solid waste facility permit other than solid
26 waste disposal and transformation facilities; and
27 WHEREAS, Public Resources Code Section 41734 (b) requires
28 each city and county to submit its NDFE to the Local Integrated
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Waste Management Task Force for review and comment prior to adoption
by the City Council; and
WHEREAS, Public Resources Code sections 41730, 41731 and
41791.5 state that the NDFE is to be submitted to the California
Integrated Waste Management Board for review and approval following
submission to the Local Task Force and City Council adoption; and
WHEREAS, the City of Vernon NDFE has been submitted for
review by the Los Angeles County Solid Waste Management
CommitteelIntegrated Waste Management Task Force.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City council of the City of Vernon hereby
approves the City of Vernon NDFE, a copy of which has been presented
to the City Council concurrently with this resolution, and the City
Council hereby orders said NDFE to be received and filed by the City
Clerk and a copy thereof to be appended to the City of Vernon SRRE.
SECTION 3: The City Council of the city of Vernon hereby
authorizes the City Clerk to submit said NDFE to the State of
California Integrated Waste Management Board for review and
approval.
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SECTION 4: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 26th day of April, 1994.
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..-- ~.~ONIS C. MALB~MayO '
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, ci ty Clerk of the city of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6420, was duly adopted by the City Council of the
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City of Vernon at an adjourned regular meeting of the City council
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duly held on Tuesday, April 26, 1994, and thereafter was duly signed
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by the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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This City
attend.
conduct
Public Hearing which you may
PLACE:
Vernon City Hall
city Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
TIME:
PURPOSE:
Tuesday, July 12, 1994
The purpose of the hearing is to obtain
testimony from affected and/or interested
parties regarding the Non-Disposal Facility
Element of the city of Vernon Solid Waste
Management Plan.
LEGAL REQUIREMENT: This publication and public hearing is
required as a result of adoption of
regulations by the California Integrated Waste
Management Board as a part of Title 14,
California Code of Regulations and cited as
Section 18766.
REVIEW OF FILE: The Non-Disposal Facility Element is available
in the office of the City Clerk, Vernon City
Hall, 4305 Santa Fe Avenue, between the hours
of 7:15 a.m. and 5:15 p.m., Monday thro
Thursday.
Bruce V. Malkenhorst,
City Administrator, City Clerk
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
VICTOR H. V AITS
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In Reply Refer to:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
City council
City of Vernon
Honorable Members:
July 7, 1994
The City Council previously approved the City's Non-Disposal
Facility Element (NDFE) and adopted Resolution No. 6420. The
California Integrated Waste Management Board, as of January 1994,
requires that a Public Hearing be held prior to adoption of a NDFE.
Transmitted herewith are the following documents:
1. The letter from the California Integrated
Waste Management Board dated June 3, 1994.
2. Copy of Notice of Public Hearing.
3. Copy Affidavit of posting of the Public Hearing
notice.
4. Copy of Declaration of Publication of the Public
Hearing Notice.
This has been reviewed by the Director of Environmental Health and
the City Attorney, and it is hereby recommended that any testimony
or comments be taken from interested parties during this Public
Hearing, and that the NDFE be approved and a new resolution be
adopted.
BVM/hr
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d truly ~~~
Bruce V. Malkenhorst
City Clerk
~IRONMENTAL HEALTH DEPARTMENT
JUly 6, 1994
TO: Bruce V. Malkenhorst, city Administrator
FROM: I P Lewis J. Pozzebon, Director, Environmental Health
10 Department
SUBJECT: NON-DISPOSAL FACILITY ELEMENT (NDFE) FOR THE CITY OF
VERNON SOLID WASTE MANAGEMENT PLAN
A public hearing on the City's NDFE is scheduled for July 12, 1994.
This hearing is a procedural mandate for the local adoption of a
NDFE. The City Council adopted the City's NDFE on April 26, 1994
by approving Resolution No. 6420, but the California Integrated
Waste Management Board (Board) did not accept our NDFE because of
a recent requirement that a public hearing must be held prior to
adoption.
To resolve the issue, I recommend the Council revoke Resolution
6420, conduct the required hearing, and approve a new resolution
adopting the NDFE. For your review, attached are copies of the
following:
The Board's letter regarding documentation of the public
hearing on the City's NDFE.
Notice of the public hearing.
Affidavit of posting of the public hearing notice.
Declaration of Publication of the public hearing notice.
I am also enclosing a draft communication to the City Council for
your consideration.
If you have any questions or require further information, please
contact me.
Enclosures (5)
LJP:cd
xc: David Brearley, city Attorney (w/enclosures)
si:gnsn\ndfemem.mem
STATE OF CAUFORNIA
Pete Wilson, Governor
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
8800 Cal Center Drive
Sacramento, California 95826
June 3, 1994
ReOiiliVE!3 Q
JUN 0 6 199.~ .
Mr. Lewis J. Pozzebon, R.E.H.S.
City of Vernon
Environmental Health Department
4305 Santa Fe Avenue
Vernon, California 90058
HEAl~H^~? P~Y\~~~r~lt;i;
Re: Receipt of the Final Source Reduction and Recycling Element,
Household Hazardous Waste Element, and Nondisposal Facility
Element
Dear Mr. Pozzebon:
We are in receipt o~ the City of Vernon.Final Source Reduction and
Recycling Element . (SRRE), Household Hazardous Waste Element (HHWE) ,
and Nondisposal Facilfty Element . (NDFE). This letter is to z:1ot~fy you
that some of' the required documentation for submittal (Title 14,
California Code of Regulations, Section 18768) has not yet been
received. We are currently in receipt of the following documentation:
1. The Final SRRE, HHWE, and NDFEi
2. Documentation verifying adoption of the Final Draft SRRE,
HHWE, or NDFEi and
3. The Local Task Force comments on the final draft SRRE and
HHWE .
In order for your submittal to be complete, please provide the
following additional documentation:
1.
Documentation verifying CEQA compliance (not required for
NDFE) i ff. tl'iL\
The notices for the required public hearings~~ U
The Local Task Force comments on the final draft NDFE.
2.
3.
The Board's 120 day review period will not begin until all
documentation has been received. Please remember that you were
required to submit this documentation by April 30, 1994.
Should you have any questions about the submittal or review process,
or the SRRE, HHWE, or NDFE~ please call John Blue, of the Office of
Local Assistance, at (916) 255-2312. Questions about the solid waste
generation study review should be addressed to Mitchell Weiss, of the
Plan Implementation Branch, at (916) 255-2664.
Respectfully,
~f/J~~
Judith J. Friedman, Manager .
Office of Local Assistance and Plan Implementation Branch
.. Printed on Recycled Paper. Double Sided for Source Reduction ..
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you may
attend.
PLACE: Vernon City Hall
City council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
TIME: Tuesday, January 7, 1992 at 5: 00 p.m.
PURPOSE: The purpose of the hearing is to obtain
testimony from affected and/or interested
parties regarding the final draft of the
City of Vernon Source Reduction and
Recycling Element and the Household
Hazardous Waste Element.
LEGAL REQUIREMENT: This publication and public hearing is
required as a result of the California
legislature passing AB 939, The
California Integrated Solid Waste
Management Act of 1989, and the adoption
of emergency regulations by the California
Integrated Waste Management Board as part
of Title 14, California Code of Regulations
and cited as Emergency Regulations section
18763-64.
REVIEW OF FILE: The final draft of the City of Vernon Source
Reduction and Recycling Element and Household
Hazardous Waste Element are available in the
office of the city Clerk, Vernon City Hall,
4305 Santa Fe Avenue, between the hours of
7:15 am and 5:15;;?'Monda~.
Bruce V. Malkenhorst,
City Administrator/City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF VERNON )
I, DAN C. DOWNING, ENVIRONMENTAL SPECIALIST FOR THE
ENVIRONMENTAL HEALTH DEPARTMENT of the City of Vernon, do hereby
certify that I did, on the 2q+e.- c:f.... J: h e- I '74Jd , post three
(3) copies of: J t-
Notice of Intent to Conduct Public Hearing on
July 12, 1994
One in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard; and on the bulletin board
in the lobby of the City Hall of the City of Vernon, located at
4305 Santa Fe Avenue, all in said City.
Date: ~/21/9f f ( CJ(
an C. Down1.ng
Environmental Health
State of California )
) SS
County of Los Angeles)
On --::r U\~ ~ Q. \ 0. o.'-\-
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before me
S"-o-R..C>\..... L '- D~v..;, Cl~
(notary public)
personally appeared ~"'- c... n~,-,,:)~:::ca.
(name otwsignatory)
personally known to me (or known to me on the basis of satisfactory
evidence) to be the person whose name is/are subscribed to the
within instrument 'and acknowledge to me that he/she executed the
same in hiS/her authorized capacity and that by his/her signature
on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal:
~~RQ~c~
OFACIAL SEAL
SHARON L DUCKWORtH
Notary PubHc-Colifomla
LOS ANGELES COUNlY
My Commission Expires
June 9. 1995
(l: l~) 51;! - f.{ '15>- (
DECLARATION OF PUBLICATION
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
MR. JIM WILCOX
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: City Clerk's Office
NOTICE OF HEARING
SOLID WASTE MANAGEMENT PLAN
JULY 12,1.994
HEARING/CLOSE/SALE DATE: 07/1.2/94
The undersigned says:
I am over the age of 18 ycars and a citizen of the United States. I am. Dot a patty
to and ha'Ye no interest in this matter. I am. a principal olerk of the co.publishers of
the Merx-Dpotir.an New.-Bntezprise, a Dewspaper of general circulation in the City
of Los Angeles, the County of Los Angeles. aJ:Ld the Stateo! California, as
adjudicated in Los Angeles SUperior Court Case No. 601165. The notice, a true
copy of which is artacb.ed, was published 011 the following date(s):
06/30/94
I declare undel' penalty of petj1lI1 that the foregoing is U'De and carre
Executed at Los Angeles. California on
, 06/30/94
Jigntllllfl
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A Publication of the Metropolitan News CowtpaTLy
P.O. Box 60868
los AftIJ..... CA 80060
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(3101 MET.NEWS
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DRAFT
July 1994
Members of the City Council
City of Vernon
Honorable Members:
A public hearing on the Non-Disposal Facilities Element (NDFE) is
scheduled for the council Meeting on July 12, 1994. This NDFE is
a part of the solid waste legislation adopted by the legislature in
1989 (AB939). We adopted the final draft of the Source Reduction
and Recycling Element in 1992.
The Integrated Waste Management Board defines a non-disposal
facility as any solid waste facility other than incinerators or
landfills.
Examples of non-disposal facilities are transfer
stations, material recovery facilities and large scale composting
facilities.
We addressed this matter previously at a Council Meeting on April
26, 1994, when we adopted Resolution No. 6420.
At that time,
however, we were not aware that a public hearing was mandatory.
" .....
I recommend that we revoke Resolution No. 6420, conduct the
required public hearing, and adopt a new resolution regarding our
Non-Disposal Facilities Element.
Very truly yours,
Bruce V. Malkenhorst,
City Clerk
BVM:cd
xc: David Brearley, City Attorney
si:gnsn\ccm
~"
ENVIRONMENTAL HEALTH DEPARTMENT
June 6, 1994
TO: Bruce V. Malkenhorst, city Administrator
FROM: r {I Lewis J. Pozzebon, Director, Environmental Health
r Department
SUBJECT: PUBLIC HEARING REQUIREMENT FOR NON-DISPOSAL FACILITY
ELEMENT
On April 26, 1994 the City Council adopted Resolution No. 6420
which pertained to new and existing solid waste non-disposal
facilities in the city of Vernon. This was a new (1993)
requirement for our solid waste Source Reduction and Recycling
Element.
Without our knowledge, the California Integrated Waste Management
Board proposed and adopted amendments to the California Code of
Regulations which require a public hearing prior to adoption of the
Non-Disposal Facility Element (CCR 18768).
I recommend that we schedule the public hearing as soon as
possible. I propose to work with Gloria and the city Attorney's
office to meet the 10 day requirement for advance notice to the
public for the scheduled hearing.
Please advise me if you require additional information.
LJP:cd
xc: David Brearley, City Attorney
si:gnsn\oondisp.phr