Resolution No. 76221
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RESOLUTION NO. 7622
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO CALSAN, 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 dated April 1, 1999, ("Agreement") by and
between the City of Vernon and Calsan, Inc. ("Calsan"); and
WHEREAS, Calsan sent the City a Notice of Intention to
Abandon the Solid Waste Management Non -Exclusive Franchise Agreement
("Notice of Intention") dated August 1, 2000, 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 made a part hereof; and
WHEREAS, by letter dated August 31, 2000, the Director of the
Environmental Health Department notified Calsan that a hearing to
consider the termination of the Agreement was scheduled for September
19, 2000, at approximately 5 p.m.; and
WHEREAS, on September 19, 2000, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time Calsan 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 Calsan's request to abandon and terminate its franchise.
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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
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 as follows:.
(i) Calsan no longer wished to operate under the
franchise;
(ii) Calsan intends to abandon its franchise to collect and
transport solid waste in the City; and
(iii) Calsan requested the City initiate a termination
proceeding under Section 12.50 of the Vernon City Code.
SECTION 3: The franchise granted to Calsan is hereby
declared terminated pursuant to Section 12.50(b) of the Vernon City
Code, effective September 19, 2000.
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:
Calsan, Inc.
Attn: Jeffrey Adnoff, Vice -President
P.O. Box 40
Downey, CA 90241-0040
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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 19th day of September, 2000.
EONIS C. MALBlTtG, Mayo
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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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.
7622, 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 19.
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
"�'4 4'6-t�
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT A
A06 2 6 2M
[7� AR'TMENT
Notice of Intention to Abandon'fe, Solid Waste Management
Non-exclusive Franchise and Request to' Terminate the Agreement
Date: K36 05�
To: UWis Fozmbon
Director of F,nvironmmntal Health
City of Vernon
4305 Santa Fe Avenue
Vomon, CA 90058
on April 1, 1999, Calsan, Inc, and the City of Vernon entered into a non-xclusivc
ftaachi se. agreement for the colle4don of solid waste in the City.
Calssna, Inc. no longer wishes to operate undeir $6 fraanchise agreement and intends
to abandon its franchise. to collect and transport sold waste in the City.
Calsan, inc. hereby requests that the City. AdminisOtOr initiate a termination
proceeding pursuant to Section 12.50 of the Vernon City Code,
Signature
Tide
--------------
Signature
Title
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
City Council
City of Vernon
E {
Honorable Members:
im-
EDUARDO OLIVO
Atto y722
plity
. WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
September 14, 2000
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 Calsan, Inc, entered into a Non-exclusive Franchise
Agreement for Solid Waste Management Services with the City of Vernon.
The Environmental Health Department is in receipt of a "Notice of
Intention to Abandon the Solid Waste Management Non-exclusive
Franchise and Request to Terminate the Agreement," from Calsan, Inc.
dated August 1, 2000. Calsan, Inc. has been purchased by Metropolitan
Waste and no longer wishes to operate under the Non-exclusive
agreement.
It is hereby recommended that the Calsan, Inc. Non-exclusive Franchise
Agreement be terminated.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVMjng
y
N/
Memo
To: Bruce V. Malkenhorst, City Administrator
�? rom: Lewis Pozzebon, Director, Environmental Health
Date: 08/30/00
Re: Public Hearing for Termination of Solid Waste Franchise Agreement
Jeffrey Adnoff, Vice -President of Calsan, Inc. has notified our department that the company
has been purchased by Metropolitan Waste. Mr. Adnoff has submitted a Notice of Intention
to Abandon the Solid Waste Management Non-exclusive Franchise and Terminate the
Agreement document (attached).
In response to Mr. Adnoff s notification, I have prepared and posted notices for a public
hearing (attached) to terminate the Solid Waste Franchise Agreement with Calsan, Inc. at
the regularly scheduled City Council meeting on September 19, 2000 (copy attached). I am
recommending that the City Council approve the termination.
I have also prepared communication to the City Council for your signature (attached).
Please let me know if further action is required.
Attachments
Xc: City Attorney
1/mydoc/sw/memos/franchise/termination council
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0,8/22/00 09:23 FAX
191 003
RECEIVEO
AUG 2 8 2000
HEALTH
DEPARTMENT
Notice of Intention to Abandon The Solid Waste Management
Non-exclusive Franchise and Request to Terminate the Agreement
Date: �JC9vS� 20
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon., CA 90058
On April 1, 1999, Calsan, Inc. and the City of Vernon entered into a non-exclusive
franchise agreement for the collection of solid waste in the City.
Calsan, Inc. no longer wishes to operate under the franchise agreement and intends
to abandon its franchise to collect and transport sold waste in the City.
Calsan, Inc. hereby requests that the City Administrator initiate a termination
proceeding pursuant to Section 12.50 of the Vernon City Code.
Signature
G i'%3 eil� �.
Title
Signature
Title
!
�
Y
S
August 31, 2000
City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Re: Termination of Franchise between Calsan, Inc and City of Vernon
On April 1, 1999, Calsan, Inc. entered into a Non-exclusive Franchise Agreement for
Solid Waste Management Services with the City of Vernon. On August 28, 2000,
Calsan, Inc.submitted a notification to 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, September 19, 2000, a regularly scheduled meeting of
the City Council.
Very truly yours,
Bruce V. Malkenhorst
City Administrator
1 /mydoc/sw/letters/terminationN