Resolution No. 72991
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RESOLUTION NO. 7299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF NON-EXCLUSIVE SOLID WASTE
FRANCHISE AGREEMENTS PURSUANT TO ARTICLE VI OF
CHAPTER 12 OF THE VERNON CITY CODE BY AND
BETWEEN THE CITY OF VERNON AND VARIOUS PRIVATE
SOLID WASTE COLLECTION BUSINESSES
WHEREAS, the City Council of the City of Vernon adopted
Ordinance No. 1067 on December 8, 1998, which added Article VI to
Chapter 12 of the Vernon City Code, establishing a non-exclusive
franchise system for solid waste collection in the City; and
WHEREAS, one purpose for establishing the non-exclusive
franchise system is to improve the accuracy of the data needed for
compliance with the source reduction and recycling requirements of
Public Resources Code § 40000, et sea. (commonly referred to as
"AB 93911); and
WHEREAS, on February 2, 1999, the City Council adopted
Resolution No. 7271, establishing a franchise fee for franchises
issued pursuant to the aforesaid Article VI of Chapter 12; and
WHEREAS, the Environmental Health Department has
contacted all solid waste collection businesses that operated in
the City at the time of the adoption of Ordinance No. 1067, and
has provided them with information about the franchise application
process; and
WHEREAS, forty-one (41) applications were received by
the Director of the Environmental Health Department, of which
twenty-one have been determined to be qualified to hold a
franchise from the City; and.
WHEREAS, said twenty-one solid waste collection
businesses are listed on Exhibit "A," attached hereto and
1 incorporated herein by this reference as though set forth in full;
2 and
3 WHEREAS, the City Administrator, acting on the advice of
4 the Director of the Environmental Health Department, has
5 recommended that the City enter into a solid waste franchise
6 agreement with each of the twenty-one solid waste collection
7 businesses listed on Exhibit "A."
8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
9 THE CITY OF VERNON AS FOLLOWS:
10 SECTION 1: The City Council of the City of Vernon
11 hereby finds and determines that the recitals contained
12 hereinabove are true and correct.
13 SECTION 2: The City Council of the City of Vernon
14 hereby approves a solid waste franchise agreement with each of the
15 twenty-one businesses listed on Exhibit "A." Copies of said
16 agreements have been presented to the City Council concurrently
17 with this resolution, and the City Council hereby orders said
18 Agreements to be received and filed by the City Clerk.
19 SECTION 3: The City Council of the City of Vernon
20 hereby authorizes the Mayor and the City Clerk to execute each
21 said Agreement for, and on behalf of, the City of Vernon.
22 SECTION 4: It is the intent of the City Council in
23 approving and authorizing the execution of a solid waste franchise
24 agreement with each of the twenty-one businesses listed in Exhibit
25 "A," that each Agreement be deemed to be separate and distinct
26 from all other Agreements, as though each Agreement were approved
27 by separate resolution.
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1 SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 30th day of March, 1999.
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7 EONIS C. MA URG, M or
ATTEST: /
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9 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 7299, was duly adopted by the City Council of the
6 City of Vernon at an adjourned regular meeting of the City Council
7 duly held on Tuesday, March 30, 1999, and thereafter was duly
8 signed by the Mayor of the City of Vernon.
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11 BRUCE V. MALKENHORST, City Clerk
12 (SEAL)
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LIST OF SOLID WASTE
COLLECTION FRANCHISEES
(RESOLUTION NO. 7299)
COMPANY
STREET
CITY
STATE/ZIP
1.
A-1 Disposal & Rolloff, Inc.
2930 East 12th Street
Los Angeles
CA 90023
2.
A.M. Disposal Company
P. O. Box 675
Montebello
CA 90640
3.
American Reclamation
4560 Doran Street
Los Angeles
CA 90039-
1036
4.
Art's Disposal
127 Van Norman Road
Montebello
CA 90640
5.
Athens Services
P. O. Box 60009
City of Industry
CA 91716-
0009
6.
BZ Disposal & Recycling Services
P. O. Box 116
Lakewood
CA 90714
7.
Calsan, Inc.
P. O. Box 40
Downey
CA 90241
8.
Consolidated Services
12949 Telegraph Road
Santa Fe Springs
CA 90670
9.
G.B. Rubbish & Rolloff Service
P. O. Box 1026
Montebello
CA 90640
10.
Haul -Away Rubbish Service
Company, Inc.
1205 Date Street
Montebello
CA 90640
11.
HMD Waste Company
P. O. Box 69
Gardena
CA 90248
12.
J.J.V. Disposal, Inc.
901 South Maple Avenue
Montebello
CA 90640
13.
Klistoff & Sons Disposal, Inc.
4280 Bandini Boulevard
Vernon
CA 90023
14.
Metropolitan Waste Disposal
P. O. Box 906
Montebello
CA 90640
15.
Naz Rubbish Disposal, Inc.
P. O. Box 4096
Whittier
CA 90607
16.
S&P Rubbish, Inc.
P. O. Box 5715
Hacienda Heights
CA 91745
17.
Serv-Wel Disposal
132 E. Whittier Blvd.
Montebello
CA 90640
18.
Serv-West Disposal, Inc.
116 West Maynard Road
Montebello
CA 90640
19.
Universal Waste Systems
P. O. Box 700
Pomona
CA 91769
20.
Ware Disposal Company, Inc.
P. O. Box 8206
Newport Beach
CA 92658
21.
Waste Management
3838 Carson Street, #200
Torrance
CA 90503
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EXHIBIT A
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RESOLUTION NO. 9625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON 'TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO CONSOLIDATED DISPOSAL SERVICE,
INC. BY THE CITY OF VERNON PURSUANT TO RESOLUTION
NO. 7664, AS ASSIGNED BY RESOLUTION NO. 9532
WHEREAS, on November 21, 2000, the City Council of the City
of Vernon adopted Resolution No. 7664 approving a Non-exclusive Solid
Waste Franchise Agreement effective November 21, 2000, (the "Franchise
Agreement") with Innovative Waste Control, Inc. ("IWC") for the
collection and transportation of solid waste in the City; and
WHEREAS, on January 22, 2008, the City Council of the City
of Vernon adopted Resolution No. 9532 approving an assignment of the
Franchise Agreement from IWC to Consolidated Disposal Services, LLC
("CDS"); and
WHEREAS, CDS sent the City a Notice of Intent to Abandon the
(Solid Waste Management Non-exclusive Franchise and Request to
Terminate the Agreement ("Notice of Intention") dated May 5, 2008,
advised the City that it no longer wished to operate under the
Franchise Agreement and intended to abandon its franchise to collect
and transport solid waste in the City under the assigned Franchise
Agreement and requested the City Administrator to initiate termination
proceedings pursuant to Section 12.50 of the Vernon City Code, a copy
of said Notice of Intention is, attached hereto as Exhibit A and
incorporated by reference; and
WHEREAS, CDS wishes to retain the Solid Waste Management
Non-exclusive Franchise Agreement approved by Resolution No. 7299
approved by the City Council of the City of Vernon on March 30, 1999;
and
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WHEREAS, by letter dated May 21, 2008, the Director of
Health & Environmental Control notified CDS that a hearing to consider
the termination of the Franchise Agreement pursuant to Section 12.50 of
the Vernon City Code was scheduled for June 2, 2008, at approximately
10:00 a.m.; and
WHEREAS, by memo dated May 22, 2008, Lewis Pozzebon, Director
of Health & Environmental Control, recommended that the Franchise
Agreement with CDS, as assigned, be terminated; and
WHEREAS, on June 2, 2008, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time CDS was given an opportunity to be heard;
and
WHEREAS, the City Council of the City of Vernon heard and
considered all evidence, both written and oral, presented in support
and in opposition to the request to voluntarily abandon and terminate
the franchise of CDS as assigned.
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
land correct.
SECTION 2: The City Council of the City of Vernon further
Ifinds that all persons have had the opportunity to be heard or to file
written objections to the proposed franchise termination, and having
not heard or reviewed any such oral and written objections, determines
that there are compelling reasons to justify the termination of the
Franchise Agreement approved by Resolution No. 7664, as assigned by
Resolution No. 9532,' as follows:
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(i) CDS no longer wishes to operate under the Franchise
Agreement as assigned.
CDS wishes to continue to operate under the Solid
Waste Management Non-exclusive Franchise Agreement
approved by Resolution No. 7299.
CDS intends to abandon its Franchise to collect and
transport solid waste in the City as assigned by
IWC.
(iv) CDS requested the City initiate a termination
proceeding under Section 12.50 of the Vernon City
Code with respect to the Franchise Agreement, as
assigned by IWC.
SECTION 3: The franchise granted to CDS as assigned by IWC
is hereby declared terminated pursuant to Section 12.50(b) of the
Vernon City Code, effective June 2, 2008.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a copy of this
resolution within 30 days of the conclusion of the hearing to:
Consolidated Disposal Service
Attention: Russell F. Dix, Vice President
12949 Telegraph Road
Santa Fe Springs, CA 90670
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any and
all documents necessary for the purpose of releasing the Certificate
of Deposit.
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 2nd day of June, 2008.
ATTAST:
A GIRON, Cit& Clerk
Leonis . Malburg
Name:
Title: Mayor / or
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STATE OF CALIFORNIA )
) ss
COUNTY OF. LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9625, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, June 2, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRON, 01 ty Clerk
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EXHIBIT A
CONSOLIDATED DISPOSAL SERVICE
A Subsidiary of ` REPUBLIC SERVICES, INC.
May 5, 2008
To: Lewis Pozzebon
Director/Health Officer
City of Vernon
Health & Environmental Control Department
4305 Santa Fe Avenue
Vernon, CA 90058
RECEIVED
MAY Q 8 20
HEALTH
DEPARTMENT
Subject: Notice of Intent to Abandon The Solid Waste Management Non-exclusive
Franchise and Request to Terminate the Agreement
Dear Mr. Pozzebon:
12949 Telegraph Road
Santa Fe Springs, CA 90670
On November 21, 2000, Innovative Waste Control, Inc. and the City of Vernon entered into a
non-exclusive franchise agreement for the collection of solid waste in the City. On January 22,
2008, the franchise agreement was assigned to Consolidated Disposal Service, LLC.
Consolidated Disposal Service, LLC also has a franchise agreement with the City of Vernon and
no longer wished to operate under the former Innovative Waste Control, Inc. franchise agreement
and intends to abandon the former Innovative Waste Control, Inc. franchise to collect and transport
solid waste in the City.
Consolidated Disposal Service, LLC hereby requests that the City Administrator initiate a
termination proceeding for the former Innovative Waste Control, Inc. franchise agreement
pursuant to Section 12.50 of the Vernon City Code.
Signature
Russell F. Dix, Vice President
Signature
Frederick P. Freund, Assistant Secretary
rJ - • .
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 9, 2008
Mr. Russell F. Dix, Vice President
Consolidated Disposal Service
12949 Telegraph Road
Santa Fe Springs, CA 90670
Re: Termination of the Non -Exclusive Solid Waste Franchise
Dear Mr. Dix:
Transmitted herewith is a copy of Resolution No. 9625 regarding the
above -referenced, which was approved by City Council on June 2, 2008.
If you have any questions regarding this matter, please call Mr. Lewis
Pozzebon, at (323) 583-8811 ext. 229.
7Very truly yours,
Nell Giron
City Clerk
NG:dr
c: Lewis Pozzebon
Resolution No. 9625
E-�c(usivefy Industrid
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RESOLUTION NO. 8883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO KLISTOFF & SONS DISPOSAL, INC.
AKA KLISTOFF & SONS, INC. BY THE CITY OF VERNON
PURSUANT TO RESOLUTION NO. 7299
WHEREAS, on March 30, 1999, the City Council of the City of
Vernon adopted Resolution No. 7299 approving a Non -Exclusive Franchise
Agreement for Solid Waste Management Services dated on or about
April 1, 1999, ("Agreement") by and between the City of Vernon and
Klistoff & Sons Disposal, Inc., aka Klistoff & Sons, Inc. ("Klistoff"
or "Franchisee"); and
WHEREAS, Klistoff sent the City a Notice of Intent to Abandon
the Solid Waste Management Non-exclusive Franchise and Request to
Terminate the Agreement ("Notice of Intention") dated October 13, 2005,
and advised the City that it no longer wished to operate under the
Agreement and intended to abandon its franchise to collect and
transport solid waste in the City and requested that the City
Administrator initiate termination proceedings pursuant to Section
12.50 of the Vernon City Code, a copy of which is attached hereto as
Exhibit A and incorporated by reference; an
WHEREAS, by letter dated October 19, 2005, Lewis J. Pozzebon,
Director of Environmental Health, notified Klistoff that a hearing to
consider the termination of the Agreement pursuant to Section 12.50 of
the Vernon City Code was scheduled for November 2, 2005, at
approximately 5 p.m.; and
WHEREAS, the Director of Environmental Health has recommended
that the Non-exclusive Franchise Agreement for Solid Waste Management
1 Services with Klistoff be terminated; and
2 WHEREAS, on November 2, 2005, a duly noticed hearing on the
3 proposed franchise termination was conducted by the City Council of the
4 City of Vernon, at which time Klistoff was given an opportunity to be
5 heard; and
6 WHEREAS, the City Council heard and considered all evidence,
7 both written and oral, presented in support and in opposition to the
8 request to abandon and terminate the franchise of Klistoff.
9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
10 CITY OF VERNON AS FOLLOWS:
11 SECTION 1: The City Council of the City of Vernon hereby
12 finds and determines that the recitals contained hereinabove are true
13 and correct.
14 SECTION 2: The City Council of the City of Vernon further
15 finds that all persons have had the opportunity to be heard or to file
16 written objections to the proposed franchise termination, and having
17 not heard or reviewed any such oral and written objections, determines
18 that there are compelling reasons to justify the termination of the
19 Non-exclusive Franchise Agreement for Solid Waste Management Services
20 approved by Resolution No. 7299 as follows:
21 (i) Klistoff no longer wished to operate under the
22 franchise;
23 (ii) Klistoff intends to abandon its franchise to collect
24 and transport solid waste in the City; and
25 (iii) Klistoff requested the City initiate a termination
26 proceeding under Section 12.50 of the Vernon City Code.
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SECTION 3: The franchise granted to Klistoff is hereby
declared terminated pursuant to Section 12.50(b) of the Vernon City
Code, effective November 2, 2005.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a copy of this
resolution within 30 days of the conclusion of the hearing to:
Klistoff & Sons Disposal, Inc. aka
Klistoff & Sons, Inc.
Attn: Mike Klistoff, Sr., President
10243 Lesterford Avenue
Downey, CA 90242
SECTION 5: The City Council of the City of Vernon hereby
hereby authorizes the Acting City Clerk to execute any and all
documents necessary for the purpose of securing the Certificate of
Deposit funds for, and on behalf of, the City of Vernon.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 2nd day of November, 2005.
ATTEST:
BRUCE V. MALKENHORST, JR.
Acting City Clerk
ZEONIS C. MA BURG, Mayor
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8883, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, November 2, 2005, and thereafter was duly signed by the
Mayor of the City of Vernon.
BRUCE V. MALKENHORST, JR.
Acting City Clerk
(SEAL)
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EXHIBIT
0
10/25/2005 13:42 FAX 323 581 7924 CITY OF,VERNON
191002
RECEIVED
OCT 17 2005
HEALTH)
Notice of Intent to Abandon The Solid Waste Management ° ""ANT
Non-exclusive Franchise and Request to Terminate the Agreement
Date:
To: Lewis Pozzebon
Director of Environmental Health.
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, Klistoff & Sons, Inc. and the City of Vernon entered into a
non-exclusive franchise agreement for the collection of solid waste in the City.
Klistoff & Sons, Inc. no longer wishes to operate under the franchise agreement
and intends to abandon its franchise to collect and transport solid waste in the City.
Klistoff & Solis, bzc. hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vernon City Code,
\_A_�Al�l
Signature
President
Signature
, Asst. lv.[gr
1 /mydoc/sw/letters/franchise/voluntary abandon
SUPPORTING
DOCUMENTS
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 S. Santa Fe Avenue
Vernon, CA 90058
DATE & TIME: Wednesday, November 2, 2005, at 5:00 p.m. or as soon thereafter as the
matter may be heard.
PURPOSE: To consider the termination of the Non -Exclusive Franchise for Solid
Waste Management Services Agreement between the City of Vernon and
Klistoff & Sons, Inc. dated March 30, 1999.
Lewis Pozzebon
Health Officer
Date: `�
1/mydoc/sw/franchise/public notice
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I, Lewis Pozzebon, Director of Environmental Health of the City of Vernon, do hereby
certify that I did, on the 19th day of October 19, 2005 at 4:30 PK post three (3) copies of
NOTICE OF PUBLIC HEARING, to be held on November 2, 2005, (see attached
copy) regarding the termination of the Non-exclusive Franchise for Solid Waste Management
Services Agreement between the City of Vernon and Klistoff & Sons, Inc.
One in each of the following places to wit: At the northwest corner of 38t' 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, all in said City, there being no
newspaper of general cirgA*iM�prlNed and published in the City of Vernon.
Lewis
State of California
County of Los Angeles
Director, Environmental Health
)
ss.
before me,'
DATED:
Notary Public, personally appeared Lewis Pozzebon, personally known to me (or known to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon which the person acted,
executed the instrument.
WITNESS my hand • official
NOW
1p\mydoc/admin/affidavit of posting
6-02
--------------
MARISOL TRUJILLO
Comm. # 1352112 ►tA�
N NOTARY PUBLIC -CALIFORNIA YI
Los Anq�iea County
My Comm. Expires April 181 2006
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RESOLUTION NO. 8697
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO ART'S DISPOSAL SERVICE,.INC.
BY THE CITY OF VERNON PURSUANT TO RESOLUTION NO.
7299
WHEREAS, on March 30, 1999, the City Council of the City of
Vernon adopted Resolution No. 7299 approving a Non -Exclusive Franchise
Agreement for Solid Waste Management Services dated on or about
April 1,' 1999, ("Agreement") by and between the City of Vernon and.
Art's Disposal Service, Inc. ("Art's Disposal" or "Franchisee"); and
WHEREAS, Art's Disposal sent the City a Notice of Intent to
Abandon the Solid Waste Management Non-exclusive Franchise and Request
to Terminate the Agreement ("Notice of Intention") dated October 27,
2004, and advised the City that it no longer wished to operate under
the Agreement and intended to abandon its franchise to collect and
transport solid waste in the City and requested that the City
Administrator initiate termination proceedings pursuant to Section
12.50 of the Vernon City Code, a copy of which is attached hereto as
Exhibit A and incorporated by reference; an
WHEREAS, by letter dated March 9, 2005, Bruce V. Malkenhorst,
City Administrator, notified Art's Disposal that a hearing to consider
the termination of the Agreement pursuant to Section 12.50 of the
Vernon City Code was scheduled for March 16, 2005, at approximately 5
p.m.; and
WHEREAS, by letter dated March 7, 2005, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that the Non-
exclusive Franchise Agreement for Solid Waste Management Services with
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Art's Disposal be terminated; and
WHEREAS, on March 16, 2005, a duly noticed hearing onthe
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time Art's Disposal was given an opportunity
to be heard; and
WHEREAS, the City Council heard and considered all evidence,
both written and oral, presented in support and in opposition to the
request to abandon and terminate the franchise of Art's Disposal.
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 further
finds that all persons have had the opportunity to be heard or to file
written objections to the proposed franchise termination, and having
not heard or reviewed any such oral and written objections, determines
that there are compelling reasons to justify the termination of the
Non-exclusive Franchise Agreement for Solid Waste Management Services
approved by Resolution No. 7299 as follows:
(i) Art's Disposal no longer wished to operate under the
1 franchise;
(ii) Art's Disposal intends to abandon its franchise to
collect and transport solid waste in the City; and
(iii) Art's Disposal requested the City initiate a
termination proceeding under Section 12.50 of the Vernon City Code.
/
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1 SECTION 3: The franchise granted to Art's Disposal is
2 hereby declared terminated pursuant to Section 12.50(b) of the Vernon
3 City Code, effective March 16, 2005.
4 SECTION 4: The City Council of the City of Vernon hereby
5 directs the City Clerk, or his designee, to send a copy of this
6 resolution within 30 days of the conclusion of the hearing to:
7 Art's Disposal
8 Attn: Jim Kazarian
8 Corporate Park, Suite 300
9 Irvine, CA 92606
10
SECTION 5: The City Council of the City of Vernon hereby
11
hereby authorizes the City Administrator to execute any and all
12
documents necessary for the purpose of securing the Certificate of
13
Deposit funds for, and on behalf of, the City of Vernon.
14
SECTION 6: 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.
17
APPROVED AND ADOPTED this 16th day of March, 2005.
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l
20 LEONIS C. MALBURG7, Mayor
21
ATTEST:
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24 BRUCE V. MALKENHORST, City Clerk
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- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8697, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 16,
2005, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 4 -
EXHIBIT
0
>• as at.
• •f' •
Notice of Intent to Abandon The Solid Waste Management
Non-exclusive Franchise and Request to Terminate the Agreement
Date: 0
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, Art's Disposal Service Inca and the City of Vernon entered
into a non-exclusive franchise agreement for the collection of solid waste in the
City.
Art's Disposal Service Inc. no longer wishes to operate under the franchise
agreement and intends to abandon its franchise to collect and transport solid waste
in the City effective June 15, 2004
Art's Disposal Service Inc. hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vernon City Code.
Signature
Art Kazarian, President
Signature
J(7ame Kazariz4w esident
1/mydoc/sw/lettadfianchiselvolimtary abandon
SUPPORTING
DOCUMENTS
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
The City of Vernon will conduct a Public Hearing, which you may attend.
PLACE: Vernon City Hall
City Council Chambers
4305 S. Santa Fe Avenue
Vernon, CA 90058
DATE &
TIME: Wednesday, March 16, 2005 at 5:00 p.m. or as soon
thereafter as the matter may be heard.
PURPOSE: To consider the voluntary termination of a City of
Vernon Standard Non-exclusive Franchise Agreement for
Solid Waste Management Services for Art's Disposal
Service.
Supporting documents will be available for public review during normal
business hours in the Vernon Health Department, located at 4305 S. Santa Fe Ave.,
Vernon, California, from March 3, 2005 to March 16, 2005.
The public is also invited to submit written comments prior to the hearing.
You may submit written comments on the proposed resolution until 5:00 p.m. on
March 16, 2005. Comments received after that date may not receive full
consideration.
The hearing may be continued or
without further notice of a public hearing.
Dated: March 3, 2005
4cDD:SoWst /Art'sPuhlHearNot
adjourned to a stated time and place
Lewis Pozzeb
Health officer T
Date: 3 o )
E
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I, Lewis Pozzebon, Director of Environmental Health of the City of Vernon, do hereby
certify that I did, on the 3rd day of March, 2005 at 4:30 PM, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held on March 16, 2005, (see attached copy)
considering a Resolution to consider the termination of a City of Vernon Standard Non-
exclusive Franchise Agreement for Solid Waste Management Services for Art's Disposal
Service.
One in each of the following places to wit: At the northwest corner of 380' 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, all in said City, there being no
newspaper of general circutio�rinted and published in the City of Vernon.
SIGNE� (- d
Lewis Pozzet
State of California
County of Los Angeles
Director, Environmental Health
ss.
DATED: , /3/—
On March 3, 2005 before me, Marisol Trujillo
Notary Public, personally appeared Lewis Pozzebon, personally known to me (or known to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon which the person acted,
executed the instrument.
WITNESS my hand and official seal
t
M 'sol TrtYjiII6
4cdd:mydocs/SolWaWAn'sDispasalAMdavit
MARISOL TRUJILLO
.• Comm. A 1352112
N " ,40TAP ?UBIIC•CAUFOWA
rus Angeles County
% My comm. Expires April 18.1"
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
Chief Executive Officer of
Light & Power
CITY HALL
ERIC T. FRESCH 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
City Attorney TELEPHONE (323) 583-8811
March 9, 2005
Art's Disposal
8 Corporate Park, Suite 300
Irvine, 92606
Attn.: Mr. Jim Kazarian
JOHN KARNS
Karns & Karabian
General Counsel
KEVIN WILSON
Director of Community Services & Water
STEVEN E. PARKER
Fire Chief
SOL BENUDIZ
Police Chief
LEWIS J. POZZEBON
Director of Environmental Health
RORY BURNETT
Gursey, Schneider & Co. LLP
City Accountant
Subject: Notice of Hearing to Consider the Voluntary Termination of a City of Vernon
Standard Non-exclusive Franchise Agreement for Solid Waste Management Services for Art's
Disposal
Dear Mr. Kazarian:
Please be advised that on March 16, 2005 at 5:00 p.m., or as soon as thereto possible, the City
Council of the City of Vernon will hold a hearing to consider whether or not to terminate your
franchise pursuant to Section 12.50 of the Vernon City Code. The hearing will be held in the
City of Vernon Council Chambers at 4305 Santa Fe Avenue, Vernon, California 90058.
The reason for the proposed termination of your franchise is that you no longer wish to maintain
the franchise. You are not required to attend the hearing, but if you desire, you may present
evidence, in writing and through testimony of your employees and others, relevant to the
proposed voluntary termination. At that time, the City Council may request additional
information from you. The hearing may be continued or adjourned to a stated time and place
without fin they notice.
4cdd: mydocs/sw/ArtsTermNotice
3/08/04
Bruce V. Malkenhorst
City Administrator
"Exclusively Industrial"
1
Memo
Environmental Health
To: N lly Giron, Deputy City Clerk
From: Dan Downing, Chief Deputy Director p
Date: March 8, 2005
Re: Arts Disposal Termination Notice
Attached for City Manager Malkenhorst's signature is an original letter addressed to
Art's Disposal, notifying the company of an upcoming termination hearing. After is
signed, could you please provide the Health Department a copy of the have the letter
and then have the letter mailed to Arts Disposal?
4odd:mydocstsw/ArtsDisposaVArtsNotMemo
Me o
Environmental Health
TO: ()Bruce V. Malkenhorst, City Administrator
Fmttx Lewis Pozzebon, Director
Date: 2/28/2005
Rey Termination of Non-exclusive Solid Waste Franchise Agreement with
Art's Disposal Service, Inc.
On March 30, 1999, Arts Disposal Service, Inc. entered into a City of Vernon Non-
exclusive Franchise Agreement for Solid Waste Management Services with the City.
The company has notified the Health Department, in writing, that it no longer wishes
to maintain the agreement (see attached). We have confirmed that Arfs has sold all
of its Vernon accounts to Athens Disposal Co., another Vernon franchised waste
hauler.
Based on this fact, I recommend that you schedule a hearing for the City Council to
consider terminating Arts Disposal Service Inc.'s agreement. If you concur, Section
12.50 of the Vernon City Code requires that the company be given notice of the
hearing and the hearing must be scheduled not less than ten (10) nor more than
thirty (30) days from the date of the notice. For your consideration, attached is a
hearing notice modeled after a sample notice provided by the City Attorney's office.
Please notify this office whenever a hearing is scheduled, so I can post a public
notice of the hearing, and notify all interested parties to prepare for the hearing.
Attachments
Xc, with attachments: City Attorney, Eric Fresch
4cdd: mydocs/sw/ArtsTerm. memo
x'
.---- --, 200-
-------------
------, CA -----
Attn.. --------------
Subject: Notice of Hearing to Consider the ---------- Termination of a City of Vernon Standard
Non-exclusive Franchise Agreement for Solid Waste Management Services for --------
Dear Mr. ---- .
Please be advised that on ---- -, 200- at 5:00 p.m., or as soon as thereto possible, the City Council
of the City of Vernon will hold a hearing to consider whether or not to terminate your franchise
pursuant to Section 12.50 of the Vernon City Code. The hearing will be held in the City of
Vernon Council Chambers at 4305 Santa Fe Avenue, Vernon, California 90058.
The reason for the proposed termination of your franchise is that -------------------. If you desire,
you may present evidence, in writing and through testimony of your employees and others,
relevant to the proposed voluntary termination. At that time, the City Council may request
additional information from you. The hearing may be continued or adjourned to a stated time
and place without further notice.
4cdd: mydocs/sw/-----TermNotice
-/--/04
Bruce V. Malkenhorst
City Administrator
Notice of Intent to Abandon The Solid Waste Management
Non-exclusive Franchise and Request to Terminate the Agreement
Date: /O'c�_7, 0
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, Art's Disposal Service Inc. and the City of Vernon entered
into a non-exclusive franchise agreement for the collection of solid waste in the
City.
Art's Disposal Service Inc. no longer wishes to operate under the franchise
agreement and intends to abandon its franchise to collect and transport solid waste
in the City effective June 15, 2004
Art's Disposal Service Inc. hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vernon City Code.
31,
Signature
Art Kazarian, President
c�
Signature
(!Jame Kazari;-V4esident
I/myaoc swnettmWfimhisdvo1wAaty abandon