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Resolution No. 7551M 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE FRANCHISE GRANTED TO PIONEER DISPOSAL CO., INC. BY THE CITY OF VERNON PURSUANT TO RESOLUTION NO. 7320 WHEREAS, on April 27, 1999, the City Council of the City of Vernon adopted Resolution No. 7320 approving a Non -Exclusive Solid Waste Franchise Agreement ("Agreement") by and between the City of Vernon and Pioneer Disposal Co., Inc. ("Pioneer"); and WHEREAS, on April 17, 2000, Pioneer advised the City staff that it intended to abandon its franchise; and WHEREAS, by letter dated May 1, 2000, the Director of Environmental Health advised Pioneer that, based upon its request, the City would proceed to terminate the Agreement dated May 6, 1999; and WHEREAS, by letter dated May 25, 2000, the City Clerk advised the City Council that, in accordance with Section 12.50(b) of the Code of the City of Vernon, a proceeding to terminate the franchise was being initiated; and WHEREAS, a Notice of Public Hearing was posted on May 25, 2000, notifying all interested parties that a hearing to consider the termination of the Agreement was scheduled for June 6, 2000, at approximately 5 p.m.; and WHEREAS, on June 6, 2000, a duly noticed public hearing on the proposed franchise termination was conducted by the City Council of the City of Vernon, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in support and in opposition 1 to the franchise termination. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 3 OF VERNON AS FOLLOWS: 4 SECTION 1: The City Council of the City of Vernon hereby 5 finds and determines that the recitals contained hereinabove are true 6 and correct. 7 SECTION 2: The City Council of the City of Vernon further 8 finds that all persons have had the opportunity to be heard or to file 9 written objections to the proposed franchise termination, and having 10 heard and reviewed no such oral and written objections, determines that 11 there are compelling reasons to p g justify the termination of the Non- 12 Exclusive Franchise Agreement for solid waste management services 13 approved by Resolution No. 7320 and the franchise granted to Pioneer is 14 hereby declared terminated pursuant to Section 12.50(b) of the Vernon 15 City Code, effective June 6, 2000. 16 SECTION 3: The City Council of the City of Vernon hereby 17 directs the City Clerk, or his designee, to send a copy of this 18 resolution to: 19 20 Pioneer Disposal Co., Inc. Attn: John Pabigian, President 21 2460 E. 24th Street 22 Los Angeles, CA 90058 23 24 25 26 27 28 - 2 - 1 SECTION 4: The City Clerk of the City of Vernon shall certify 2 to the passage of this resolution, and thereupon and thereafter the 3 same shall be in full force and effect. 4 APPROVED AND ADOPTED this 6th day of June, 2000. 5 6 EONIS C. MAL URG, Ma or ATTEST: 7 8 ze-- BRUCE V. MALKENHORST, City Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - I . ■ 1 STATE OF CALIFORNIA ) )ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 7551, was duly adopted by the City Council of the City of Vernon at a 7 regular meeting of the City Council duly held on Tuesday, June 6. 2000, 8 and thereafter was duly signed by the Mayor of the City of Vernon. 9 10 BRUCE V. MALKENHORST, City Clerk 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - 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 (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 15, 2000 Mr. John Pabigian, President PIONEER DISPOSAL CO., INC. 2460 E. 24th Street Los Angeles, CA 90058 Re: Termination of Non -Exclusive Solid Waste Franchise Agreement Dear Mr. Pabigian: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Enclosed herewith is copy of Resolution No. 7551 that was approved by the Vernon City Council on June 6, 2000. If you should have any questions, please refer them to Lewis Pozzebon at Ext. 229. Very truly yours, Gloria J. Oosco Chief Deputy City Clerk c: L. Pozzebon Agreement File 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 FAX (323) 581-7924 V/ /il/ CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 25, 2000 City Council City of Vernon Honorable Members: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON 'reaps of Community Services & Water ,1` \ FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief' FAX: (323) 583-5236 On May 6, 1999, Pioneer Disposal entered into a Non-exclusive Franchise Agreement for Solid Waste Management Services with the City of Vernon. On April 17, 2000, Pioneer Disposal notified the City that it intends to abandon its franchise. Pursuant to Vernon code Section 12.50(b), I am initiating a proceeding to terminate the franchise. According to Section 12.50(a), a public hearing must be held on the proposed termination of the franchise. The hearing must be set not less than ten (10) days nor more than thirty (30) days from the date of such notice. Very truly yours, Bruce V. Malkenhorst City Clerk BVM/gst City ofVernon 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 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 DATE & TIME: Tuesday, June 6, 2000, 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 Pioneer Disposal dated May 6, 1999. 1 /mydoc/sw/franchise/public notice LOewio4 Director, Environmental Health Posted On: May 25, 2000 :4 May 25, 2000 City Council City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Re: Termination of Franchise between Pioneer Disposal and City of Vernon On May 6, 1999, Pioneer Disposal entered into a Non-exclusive Franchise Agreement for Solid Waste Management Services with the City of Vernon. On April 17, 2000, Pioneer Disposal notified the City that it intends to abandon its franchise. Pursuant to Vernon Code Section 12.50(b), I am initiating a proceeding to terminate the franchise. According to Section 12.50(a), a public hearing must be held on the proposed termination of the franchise. The hearing must be set not less than ten (10) days nor more than thirty (30) days from the date of such notice. Consequently, I am requesting that the public hearing be scheduled for Tuesday, June 6, 2000, a regularly scheduled meeting of the City Council. Very truly yours, Bruce V. Malkenhorst City Administrator 1 /mydodswAetters/termination