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Resolution No. 75521 2 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. 7552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE FRANCHISE GRANTED TO NAZ DISPOSAL SERVICES, 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 Solid Waste Franchise Agreement ("Agreement") by and between the City of Vernon and Naz Rubbish Disposal, Inc. ("Naz"); and WHEREAS, by a communication dated January 6, 2000, Naz indicated that it was no longer in business as of October 31, 1999, and intended to abandon its franchise; and WHEREAS, by letter dated May 1, 2000, the Director of Environmental Health advised Naz that, based upon its request, the City would proceed to terminate the Agreement dated April 1, 2000; 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 1 2 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 WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in support and in opposition to the franchise termination. 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 heard and reviewed no 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 and the franchise granted to Naz is hereby declared terminated pursuant to Section 12.50(b) of the Vernon City Code, effective June 6, 2000. SECTION 3: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send a copy of this resolution to: Naz Rubbish Disposal, Inc. Attn: Steve Urane, Partner P.O. Box 4096 Whittier, CA 90607 - 2 - 1 2 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 SECTION 4: 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 6th day of June, 2000. EONIS C. MALBU G, May r ATTEST: BRUCE V. MALKENHORST, City Clerk - 3 - 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 7552, 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. Steve Urane, Partner NAZ RUBBISH DISPOSAL, INC. P.O. Box 4096 Whittier, CA 90607 Re: Termination of Non -Exclusive Solid Waste Franchise Agreement Dear Mr. Urane: 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. 7552 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, 04, a/ . ao-to Gloria J. osco Chief Dep ty 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 DUD OLNO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of FA5WW6nity Services & Water J</ : (323) 588-2761 V' %NINETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 25, 2000 City Council City of Vernon Honorable Members: DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 On April 1, 1999, Naz Rubbish Disposal entered into a Non- exclusive Franchise Agreement for Solid Waste Management. Services with the City of Vernon. On January 6, 2000, Naz Rubbish 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 of Vernon 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 Naz Rubbish Disposal dated April 1, 1999. I/mydoc/sw/franchise/public notice Lew s oz e Director, Environmental Health Posted On: May 25, 2000 0 Memo To: Bruce V. Malkenhorst, City Administrator PFrom. Lewis Pozzebon, Director, Environmental Health Date: 05/24/00 Re: Public Hearings for Termination of Solid Waste Franchise Agreements In response to your concurrence with my memo dated April 27, 2000, 1 have prepared and posted notices for public hearing (attached) to -terminate the Solid Waste Franchise Agreements with Pioneer Disposal and Naz Rubbish Disposal. I am recommending that the City Council approve the terminations based on the fact that both companies have submitted notifications to voluntarily surrender their agreements with the City of Vernon. At the suggestion of the City Attorney's office, I have also prepared communication to the City Council for your signature (attached). Please let me know if further action is required. Attachments 1/mydoc/sw/memosKmnchise/terminabon council 9 Page 1 May 25, 2000 City Council City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Re: Termination of Franchise between Naz Rubbish Disposal and City of Vernon On April 1, 1999, Naz Rubbish Disposal entered into a Non-exclusive Franchise Agreement for Solid Waste Management Services with the City of Vernon. On January 6, 2000, Naz Rubbish 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 /mydoc/sw/letters/terminationN