Resolution No. 76101
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RESOLUTION NO. 7610
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO KIRK SANFORD HAULING/GREENDAY
DISPOSAL AND RECYCLING BY THE CITY OF VERNON
PURSUANT TO RESOLUTION NO. 7314
WHEREAS, on April 13, 1999, the City Council of the City of
Vernon adopted Resolution No. 7314 approving a Non -Exclusive Solid
Waste Franchise Agreement ("Agreement") by and between the City of
Vernon and Kirk Sanford Hauling/Greenday Disposal and Recycling ("Kirk
[Sanford"); and
WHEREAS, by letter dated July 11, 2000, Lewis Pozzebon,
Director of Environmental Health, advised Kirk Sanford that it was
failing to comply with the terms and conditions of the Non -Exclusive
Franchise Agreement for Solid Waste Management Services dated April 1,
1999 ("Agreement") and that such failure to comply with the Agreement
could result in the City proceeding with a termination of the
jAgreement; and
WHEREAS, Lewis Pozzebon, Director of Environmental Health,
has advised the City Administrator that Kirk Sanford has violated the
terms and conditions of the Agreement by failing (i) to maintain a
valid health permit as required by Section 2.4 of the Agreement, (ii)
to maintain adequate insurance coverage as required by Section 5.2 and
(iii) to maintain a viable performance bond as required by Section 5.3
of the Agreement; and
WHEREAS, on August 17, 2000, the City Clerk sent Kirk Sanford
a Notice of Initiation of a Proceeding to Terminate a City of Vernon
Standard Non -Exclusive Franchise Agreement for Solid Waste Management
Services Pursuant to Section 12.50 of the Vernon City Code advising
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Kirk Sanford that a hearing to consider the termination of the
Agreement was scheduled for September 5, 2000, at approximately 5 p.m.;
and
WHEREAS, on September 5, 2000, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time Kirk Sanford was 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''
to the franchise termination; and
WHEREAS, Section 2.4 of the Agreement required Kirk Sanford
to obtain a Health Permit annually; and
WHEREAS, the issuance of a Health Permit requires the payment
of a Permit Fee; and
WHEREAS, Kirk Sanford failed to pay its Permit Fee; and
WHEREAS, Section 5.2 of the Agreement requires the
maintenance of minimum insurance coverage during the term of the
Agreement; and
WHEREAS, Kirk Sanford had allowed some of its insurance
coverage to expire and has not provided the City with proof that it
currently has insurance coverage; and
WHEREAS, Section 5.3 of the Agreement requires that a $10,000
performance bond be maintained; and
WHEREAS, Kirk Sanford's performance bond expired on December
31, 1999, and proof of a new bond or extension of the current bond has
not been provided to the City; and
WHEREAS, Section 6.1 of the Agreement provides that Kirk
Sanford is in default of the Agreement if it fails to perform any of
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the material obligations under the Agreement (Sec. 6.1.A), fails to
maintain coverage (Sec. 6.1.E), or fails to secure and maintain a
Health Permit (Sec. 6.1.G); and
WHEREAS, pursuant to Vernon City Code Section 12.50(a), the
City Council may terminate a franchise if it has been determined that
the franchisee has violated or has failed to comply with any of the
terms or conditions of the franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
JOF 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
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. 7314 as follows:
(i) Kirk Sanford failed to maintain a valid health permit
as required by Section 2.4 of the Agreement;
(ii) Kirk Sanford failed to maintain adequate insurance
coverage as required by Section 5.2 of the Agreement; and
(iii) Kirk Sanford failed to maintain a viable performance
bond as required by Section 5.3 of the Agreement.
SECTION 3: The City Council of the City of Vernon hereby
declares the franchise granted to Kirk Sanford terminated pursuant to
Section 12.50(a) of the Vernon City Code, effective September 5, 2000.
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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:
Kirk Sanford Hauling/Greenday Disposal and Recycling
Attn: Kirk Sanford, Owner
10691 Keel Avenue
Garden Grove, CA 92843
SECTION 5: 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 5th day of September, 2000.
LEONIS C. MAtIBURG, M yor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
COUNTY OF'LOS ANGELES
)ss
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7610, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, September 5,
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
Y
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
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 Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 16, 2000
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
On April 1, 1999, Kirk Sanford Hauling/Greenday Disposal and Recycling
entered into a City of Vernon Non-exclusive Franchise Agreement for
Solid Waste Management Services with the City of Vernon. According to
Health Department records, the company is currently out of compliance
with the terms and conditions of the agreement. Despite repeated
efforts by the Health Department to bring the company into compliance,
the follow specific violations remain:
• Failure to maintain a viable performance bond
• Failure to maintain a valid health permit
• Failure to maintain adequate insurance coverage
Based on the above listed facts it is hereby recommended that the Kirk
Sanford Hauling/Greenday Disposal and Recycling Non-exclusive
Franchise Agreement be terminated.
Very truly yours,
7 p
L� /J
Bruce V. Mal enhorst �0
City Clerk
BVM/ng
Memo
Environmental Health
To: Bruce V. Malkenhorst, City Administrator
From: Lewis Pozzebon, Director
Date: 08/17/00
Re: Revised Hearing Notices
et40100Ae
Attached are revised hearing notices regarding the hearings to consider the
termination of the solid waste franchises of u / Greenday
Disposal and Recycling, and Southern California Environmental, Inc. These notices
cite the correct franchise agreement sections with which the companies are not in
compliance and in default. The original notices, mailed out August 15, 2000, cited
agreement sections that were on a sample notice form and not pertinent to these
companies. I recommend that these revised notices be mailed to the companies
involved so they are aware of the exact non-compliance issues for which the
hearings are to be held.
Attachments
4clp:sw/hearnot.rev
NOTICE OF INITIATION OF A PROCEEDING
TO TERMINATE A CITY OF VERNON
STANDARD NON-EXCLUSIVE
FRANCHISE AGREEMENT FOR
SOLID WASTE MANAGEMENT SERVICES
PURSUANT TO SECTION 12.50
OF THE VERNON CITY CODE 0
Revised 8/17/00 A %\ AT
�h
Kirk Sanford Hauling/Greenday Disposal and Recycling
Attn: Kirk Sanford, Owner
10691 Keel Avenue
Garden Grove, CA 92843
Please be advised that on September 5, 2000 at 5:00 P.M. or as soon thereto as 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 have failed to comply with
the terms and conditions of the franchise agreement. Specifically, you have failed to do the
following: obtain a health permit as required by Section 2.4 of the agreement; maintain
insurance coverage as required by Section 5.2; and keep a performance bond in force as required
by Section 5.3. You are now in default under the following agreement sub -sections: 6.1 A.,
Failure to Perform; 6.1.E:, Failure to Maintain Coverage; and 6.1.G., Failure to Secure and
Maintain Health Permit.
You may present evidence in writing and through testimony of your employees and others
relevant to the proposed 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.
Bruce V. Malkenhorst
City Administrator
i a
Me o p�' VLY IMO
A
Environmental Health Depa ment
To -,� Bruce V. Malkenhorst, City Administrator
From: �" Lewis Pozzebon, Director
Date: 08/08/00
Re: Termination of Non-exclusive Solid Waste Franchise Agreement for
Kirk Sanford Hauling / Greenday Disposal and Recycling
On April 1, 1999, Kirk Sanford Hauling / Greenday Disposal and Recycling entered
into a City of Vernon Non-exclusive Franchise Agreement for Solid Waste
Management Services with the City of Vernon. According to Health Department
records, the company is currently out of compliance with the terms and conditions of
the agreement. Despite repeated efforts by our department to bring the company into
compliance, the following specific violations remain:
■ Failure to maintain a viable performance bond;
■ Failure to maintain a valid health permit;
■ Failure to maintain adequate insurance coverage.
Based of these facts, I recommend that you schedule a hearing for the City Council
to consider terminating Kirk Sanford Hauling / Greenday Disposal and Recycling's
agreement. If you concur, Section 12.50 of the Vernon Ci Code re wires that the
company be given notice of the hearing and t
era ion, a ached is a sample hearing notice provided bythepity Attorneys
office. The Health Department can provide cites for the any specific violations
mentioned in the notice.
Attachment
Xc, with attachment: City Attorney, Eddie Olivo
4cl p: sw/kirksanford. memo
NOTICE OF INMATION OF A PROCEEDING
TO TERMINATE SOLID WASTE MANAGF.M ENT
NON-EXCLUSIVE FRANCHISE PURSUANT (61
TO S};MON 12.50 OF THE VERNON CITY CODE /� � � � � P
To:Kirk Sanford Hauling Greenday Disposal and Recycling
i vine of franchisee
KirC Sanford
Owner
[address of franchisee]
10691 Keel Avenue
Garden Grove, CA 92843
Please be advised that on 09/05/00 at 5 : 00 p.m. or , the:
�- [date] [time] as soon thereto as
City Council of the City of Vernon will hold a hearing to consider whether or not to possible.
tcrminatc your franchise pursuant to Section 12.50 of the Vernon City Code. The hearing
will be ]field at 4305 Santa Fe Avenue, Vernon, California 90058.
The reason for the proposed termination of your fi•anchise is that you have tailed ,
to comply with the terms and conditions of the franchise by failing to make the franchise
fee payments as required by Section 11 of the Agreement. You arc now in default tinder
Section 6.1.B. Since you are in default, the City may terminate your franchise.
You may present evidence in writing and through testimony of your employees
and others relevant to the proposed termination. At that time, the City Council may
request additional inforination from you, The hearing may be continued or adjourned to
a stated time and place without further notice.
Bruce V. Malkenhorst
City Administrator
ATTACJIMh;N"I' A