Resolution No. 7760t.
1 RESOLUTION NO. 7760
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
4 FRANCHISE GRANTED TO ACTIVE DISPOSAL SERVICE BY THE
CITY OF VERNON PURSUANT TO RESOLUTION NO. 7320
5
6 WHEREAS, on April 27, 1999, the City Council of the City of
7 Vernon adopted Resolution No. 7320 approving a Non-exclusive Franchise
8 Agreement for Solid Waste Management Services dated May 6, 1999,
9 ("Agreement") by and between the City of Vernon and Active Disposal
10 Service ("Active"); and
11 _WHEREAS, Active sent the City a Notice of Intent to Abandon
12 the Solid Waste Management Non-exclusive Franchise and Request to
13 Terminate the Agreement dated April 2, 2001, a copy of which is
14 attached hereto as Exhibit "A" and made a part hereof, and advised the
15 City that it no longer wished to operate under the Agreement and
16 intended to abandon its franchise to collect and transport solid waste
17 in the City; and
18 WHEREAS, Active requested that the City Administrator
19 initiate termination proceedings pursuant to Section 12.50 of the
20 Vernon City Code; and
21 WHEREAS, by letter dated May 7, 2001, Bruce V. Malkenhorst,
22 City Administrator/City Clerk, has recommended that.the Non-exclusive
23 Franchise Agreement for Solid Waste Management Services with Active be
24 terminated; and
25 WHEREAS, on May 23, 2001, a duly noticed hearing on the
26 proposed franchise termination was conducted by the City Council of the
27 City of Vernon, at which time Active was given an opportunity to be
28 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 Active's request to abandon and terminate its franchise.
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. 7320 as follows:
(i) Active no longer desires to operate under the
franchise;
(ii) Active intends to abandon its franchise to collect and
transport solid waste in the City; and
(iii) Active has requested the City initiate a termination
proceeding under Section 12.50 of the Vernon City Code.
SECTION 3: The franchise granted to Active is hereby
declared terminated pursuant to Section 12.50(b) of the Vernon City
Code, effective May 23, 2001.
- 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 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:
Active Disposal Service
Attn: Jim Keuroghlian, President
P.O. Box 613
Montebello, CA 90640
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 23rd day of May, 2001.
(ATTEST:
BRUCE V. MALKENHORST,.City Clerk
LEONIS C. MALB RG, May r
- 3 -
1 STATE OF CALIFORNIA )
2 ) ss
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 7760, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Wednesday,
8 May 23, 2001, and thereafter was duly signed by the Mayor of the City
9 of Vernon.
10 !�
11
BRUCE V. MALKENHORST, City Clerk
12
13 (SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
EXHIBIT
,Y t
ementhon-exclusive Franchise And
Naticc of Intent. to Abandon The Solid Waste Man2►8 Request to Terminate the Agrc=ent
Date: y 2-" °
To: Mr. Lewis Pozzebon
Director of Environmental Health.
Cit3► of vernon
4305 Santa Fe Avenue
Vernon, CA 90058
.. .. ...� ..:...._•.a-w�.�r�w�'rr�'oNM""'MM'"'�'nan'+r"I�si�Yt'r.'.n1vD'WY+6yGi��:;7'I.:S
pn May 6, 1999, Active Disposal Service and the City of VeMO" entered into a non-
exclusive franchise agreement for the collection of solid waste in the City.
Service no longer wisbe s to operate under the frax►ahise agreement �
Active Tiisposal rt solid wasto in the City_
intends to abandon its franchise to collect and timuspo
City -
Active Disposal Service hereby requests that the City ,Administrator initiate a termination
Actt � Code.
proceeding pursuant to Section 12.50 of the VeMOV City
4�t
eoian, President
ignature
Iohn i�euxoghlian, Asst. Mgr-
SUPPORTING
DOCUMENTS
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 HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
June 5, 2001
Active Disposal Service
Attn: Jim Keouroghlian, President
P.O. Box 613
Montebello, CA 90640
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
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Re: Termination of Non -Exclusive Solid Waste Franchise
Dear Mr. Keouroghlian:
Transmitted herewith is a copy of Resolution No. 7760 approved and
adopted at the Vernon City Council Meeting held May 23, 2001,
terminating the Non -Exclusive Solid Waste Franchise granted to Active
Disposal Service pursuant to Resolution No. 7320.
If you have any questions regarding this matter, please call Mr.
Pozzebon at 323/583-8811 ext. 229.
Very truly yours,
oria J. rosco
Chief Deputy City Clerk
GJO:ng
cc: Lewis Pozzebon
;i 7760
Memo�rG���[r iNSJB�e
Environmental Health Depar ment
To: Bruce V. Malkenhorst, City Administrator
From: Lewis Pozzebon, Director
Date: �fO5/07/01 "1\�
Re: Voluntary Surrender of Non-exclusive Franchise Agreement
A solid waste collection company, Active Disposal Service, has notified our
department that it wishes to voluntarily surrender its non-exclusive franchise
agreement for solid waste management services within the City Of Vernon. Although
Active Disposal Service received a non-exclusive franchise on May 6, 1999, it has
not conducted any business in Vernon. The City Attorney has advised us previously
that the best means of canceling this franchise is to do so officially at a public hearing
conducted by the City Council.
If you agree with this procedure, could you please schedule the public hearing for the
council meeting scheduled for May 23, 2001? For your convenience, attached is a
City Attorney provided hearing request form for you to use in requesting the hearing.
Upon your approval, please notify us so we can inform the disposal company as to
the date, time, and place of the hearing.
Attachments
Xc: Eduardo Olivo, City Attorney
4dp:SW/ActiveVo1Surrend
City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Re: Terns nation of Franchise between [franchise naine] and City of Vernon
On [name of franchisee] entered into a Non-exclusive Franchise
[date]
Agreement for Solid Waste Management Services with the City of Vemon. On
Oki b l [date]
[franchisee] notified the City that it intends to abandon its
franchise. Pursuant to Vernon Code Section 12.50(b), I acn initiating a proceeding to
terminate the: franchise.
According to Section 12.50(a), a public hearing must be Meld on the proposed
termination of the franchise. The hearing must be set not less than ten (10) days no more
than thirty (30) days from the date of such notice. Consequently, I am requesting that the
public hearing be scheduled for , a regularly scheduled meeting of the City
Council. [date]
Very truly yours,
Bruce V. Malkenhorst
City Administrator
POSAL PHONE NO. 323 7240828
r. ,
Notice of Intent to Abandon The Solid Waste Management Non-exclusive Franchise And
Request to 'Terminate the Agreement
Dater °
To: Mr. Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On May 6, 1999, Active Disposal Service and the City of Vernon entered into a non-
exclusive franchise agreement for the collection of solid waste in the City.
Active Disposal Service no longer wishes to operate under the franchise agreement and .
intends to abandon its franchise to collect and transport solid waste in the City_
Active Disposal Service hereby requests that the City Administrator initiate a terminatiol)
proceeding pursuant to Section 12.50 of the Vernon City Code.
i tore
_ euroghlian, President
ignature
John Keuroghlian, Asst. Mgr.
CITY COUNCIL
LEONIS C. MALBURG 1Q
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST CITY HALL
City Administrator / City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX (323) 581-7924 TELEPHONE (323) 583-8811
May 7, 2001
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
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
City Council rn11I��
City of Vernon
Honorable Members:
On May 6, 1999, Active Disposal Service 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
Active Disposal Service dated April 2, 2001. Active Disposal Service
no longer wishes to operate under the franchise agreement and intends
to abandon its franchise.
It is hereby recommended that the Active Disposal Service Non-
exclusive Franchise Agreement be terminated.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/ng