Resolution No. 6922
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RESOLUTION NO. 6922
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON OPPOSING ACTIONS TO LIMIT LOCAL
GOVERNMENT AUTHORITY
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WHEREAS, in March, 1994, the City of Thousand Oaks
("Thousand Oaks"), in cooperation with its franchised refuse
haulers, revised the solid waste section of its Municipal Code to
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require Thousand Oaks' approval of any request for transfer of
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refuse hauler company owner; and
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WHEREAS, in August, 1994, the Thousand Oaks negotiated
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long-term franchise agreements with its refuse haulers, provisions
of which require company ownership by individuals living in the
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general vicinity of the Thousand Oaks; and
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WHEREAS, in February, 1996, GI Industries, a franchised
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hauler, requested the Thousand Oaks' permission to transfer
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ownership of its company to Western Waste Inc.jUSA Waste Systems;
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and
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WHEREAS, in September, 1996, the Thousand Oaks' City
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Council voted unanimously to deny the transfer request, a denial
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that was later rejected by the U.S. Bankruptcy Court; and
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WHEREAS, the Thousand Oaks believes that all local
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government entities should oppose this action in that it removes
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local control and police powers over an essential public health
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and safety service; and
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WHEREAS, the Thousand Oaks has requested the support of
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local government entities, through adoption of a resolution, and
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contributions of financial assistance to support an appeal of the
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Court's decision which could threaten any city or county's right
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to enforce its Code and Franchise Agreements.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
6 supports Thousand Oaks' appeal of a court action limiting Thousand
7 Oaks' rights to deny a franchise transfer and authorizes a
8 contribution of One Thousand Dollars ($1,000.00) in support
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SECTION 2: The City Council of the City of Vernon hereby
11 authorizes the City Clerk to forward a certified copy of this
12 Resolution and a check in the sum of One Thousand Dollars
13 ($1,000.00) to the City Attorney's Office, city of Thousand Oaks,
14 2100 Thousand Oaks Blvd., Thousand Oaks, CA 91362.
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SECTION 3: The City Clerk of the city of Vernon shall
16 certify to the passage of this resolution and thereupon and
17 thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 18th day of February, 1997.
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--etaS C. MALBUl\G, Ma~
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22 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
2 COUNTY OF LOS ANGELES
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ss
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I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6922, was duly adopted by the City Council of the
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city of Vernon at a regular meeting of the City Council duly held
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on Tuesday, February 18, 1997, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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or
BRUCE V. MALKENHORST
City Administrator/City Cerk
FAX: (213) 581-7924
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services &: Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of tight &: Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro- Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
February 24, 1997
City Attorney's Office
City of Thousand Oaks
2100 Thousand Oaks Blvd.
Thousand Oaks, California 91362
Re: Resolution and Financial Assistance Supporting
Appeal of Court Action
Gentlemen:
Enclosed herewith is a check in the amount of $1,000 in support of
the above referenced appeal and also Resolution No. 6922 which
opposes actions to limit local government authority. The
resolution was unanimously approved by the City Council at their
regularly scheduled meeting held February 18, 1997.
Very truly yours,
CITY OF VERNON 17
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\. Gloria J. #o~c~
Chief Deputy City Clerk
GJO/hr
Attachment
cc: Judy A. Lazar, Mayor (w/o enc.)
City of Thousand Oaks
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FOLIO NUMBER
VERNON OFFICE #162
FIRST INTERSTATE BANK
OF CAUFORNIA
4580 PACIFIC BOULEVARD
VERNON, CA 90058
CHECK
NUMBER
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CITY OF VERNON
4305 SANTA FE AVENUE
VERNON, CALIFORNIA 90058-0805
(213) 583~8811
60657
60657
:f:I'f'f ~r-' 100. 0 11 J" 00 t
. 'lJ1:f'diOr~ ). 0.. sC S
16-21/162
1220
CHECK DATE
2120197
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PAY TO
THE
ORDER OF
THE SUM OF
CI'lY OF 'JKXSAND 0lU<S
City Attcnney's. Office
2100 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
DOLLARS AND
CENTS L M;~:I~;~~;~'
VOID AFTER 90 DAYS
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TREASURER
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III () bOb 5 'i' III I: ~ ~ ~ 000 2 ~ 8 I: ~ b ~ g q 8 0 00111 ~ ~
CITY OF VERNON · 4305 SANTA FE AVE. · VERNON, CALIFORNIA 90058-0805
( VENDOR NO, VENDOR NAME
[ 008005
DATE CHECK ISSUED
CHECK NO.
eI'IY OF TIDJSAND QZ\KS
2/20/97
60657
CITY ACCOUNT NUMBER
YOUR INVOICE NO. YOUR INVOICE DATE
PAYMENT DESCRIPTION
DISCOUNT TAKEN NET AMOUNT PAID
011-501-1005-5962
Support "1'hei.r Appeal of a Court
Action
Isl, 000. 00
SV File Date - 3/4/97
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January 23, 1997
Dear Mayor:
Re: Request for support for Thousand Oaks' appeal of court action
On behalf of the City of Thousand Oaks, I would like you to be aware of an important local
government control issue and request your support in the form of a resolution and financial
contributions to our legal appeal effort. We believe that this is a critical issue for all cities
and counties in that it removes local control and police powers over an essential public
health and safety service.
Several local rubbish companies have been providing service in Thousand Oaks for more
than 20 years. In 1994, in response to the need to provide greater oversight of refuse
operations as a result of AS 939, the City made major revisions to the Solid Waste section
of its Municipal Code, with a key provision that the City must approve any request for
transfer of ownership. Following past Council policy direction, the City Council also
negotiated long-term franchise agreements with its local haulers, choosing not to go out
to bid for service at that time. The Council approved these agreements in August, 1994.
These franchise agreements contain two provisions that require direct ownership of the
Contractor by persons residing in the general vicinity of the City, and state that the relative
importance of the City's franchise in relation to the company's overall operation is a
significant inducement for the City to enter into the Franchise Agreement. Finally, the
Fr~nchise states that the absence of either provision could serve as reasonable grounds
for the City's refusal to consent to any assignment or transfer of the Franchise under the
Code.
Due primarily to financial difficulties unrelated to its refuse collection operations, one of the
City's haulers, GI Rubbish, entered bankruptcy proceedings in 1992. Last year, GI
requested that Thousand Oaks approve its sale to Western Waste Inc. During the City's
review, Western itself was acquired by USA Waste Services, Inc., the third largest waste
management company in the country, headquartered in Dallas.
In April, the U.S. Bankruptcy Court (Central District) confirmed Gl's final reorganization
plan, subject to their obtaining municipal consents under various franchise agreements,
2100 Thousand Oaks Boulevard. Thousand Oaks. California 91362-2903 . (805) 449-2121 . FAX (805) 449-2125
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RESOLUTION NO. 97370-1
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A RESOLUTION OF THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS. (SCAG) OPPOSING ACTIONS
TO LIMIT
LOCAL GOVERNMENT AUTHORITY
WHEREAS, in March, 1994, the City of Thousand Oaks (City"), in cooperation with its
franchised refuse haulers, revised the solid waste section of its Municipal Code to require
City approval of any request for transfer' of refuse hauler company owner, and
WHEREAS, in August, 1994, the City negotiated long-term franchise agreements with its
refuse haulers, provisions of which require company ownership by individua~s living in the
general vicinity of the City; and .
WHEREAS, in February, 1996, G[ Industries, a franchised hauler, requested the City's
permission to transfer ownership of its company to Western Waste Inc.IUSA Waste
Systems; and
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WHEREAS, in September, 1996, the City Council voted unanimously to deny the
transfer request, a denial that was later rejected by the U.S. Bankruptcy Court; and
WHEREAS, the City believes that all local government entities should oppose this action
in that it removes local control and police powers over an essential public health and safety
service; and
WHEREAS, the City requests the support ofloCat government ~tities, through adoption
of this resolution, and contributions of financial assistance to support an appeal of the
Court's decision;
NOW, THER:EFORE, BE IT RESOLVED that the Southern California Association of
Governments hereby supports the City of Thousand Oaks' appeal of!l court action. .
limiting the City's rights to deny a: franchise transfer, and encourages members to make
financial contributions to assist the City in pursuing this appeal. -'.
MAYOR. CITY OF PALM DESERT
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City of Thousand Oaks
MAYOR JUDY LAZAR
March 5. 1997
City Counci 1
City of Vernon
4305 Santa Fe Avenue
Vernon. CA 90058
Re: Support for the City of Thousand Oaks in its Appeal
in the G.I. Industries Bankruptcy Proceeding
Dear Council Members:
On behalf of our City Council and our City's staff. I want to thank you for your
Resolution of Support and your generous financial support in this matter. It is
extremely gratifying to know that your city is willing to support our efforts in a
legal matter that affects cities statewide.
Your contribution is appreciated.
Very truly yours.
2100 Thousand Oaks Boulevard. Thousand Oaks, California 91362-2903 . (805) 449-2121 . FAX (805) 449-2125
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