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Resolution No. 82591 RESOLUTION NO. 8259 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE 4 FRANCHISE GRANTED TO SYSTEM DISPOSAL, INC. BY THE CITY OF VERNON PURSUANT TO RESOLUTION NO. 7581 5 6 WHEREAS, on July 26, 2000, the City Council of the City of 7 Vernon adopted Resolution No. 7581 approving a Non -Exclusive Franchise 8 Agreement for Solid Waste Management Services ("Agreement") by and g between the City of Vernon and System Disposal, Inc. ("System Disposal" 10 or "Franchisee"); and 11 WHEREAS, on November 7, 2002, System Disposal sent the City a 12 Notice of Intent to Abandon the Solid Waste Management Non -Exclusive 13 Franchise and Request to Terminate the Agreement, 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 wishes to operate under the Agreement and 16 intends to abandon its franchise to collect and transport solid waste 17 in the City; and 18 WHEREAS, System Disposal requested that the City 19 Administrator initiate termination proceedings pursuant to Section 20 12.50 of the Vernon City Code; and 21 WHEREAS, by letter dated July 10, 2003, Bruce V. Malkenhorst, 22 City Administrator/City Clerk, notified System Disposal of the City's 23 intent to terminate the Agreement pursuant to Section 12.50 of the 24 Vernon City Code•and that a hearing to consider the termination was 25 scheduled for August 6, 2003, at approximately 5 p.m.; and 26 WHEREAS, by letter dated July 23, 2003, Bruce V. Malkenhorst, 27 City Administrator/City Clerk, recommended that the Non -Exclusive 28 Franchise Agreement for Solid Waste Management Services with 1 System Disposal be terminated; and 2 WHEREAS, on August 6, 2003, a duly noticed hearing on the 3 proposed franchise termination was conducted by the City Council of the 4 City of Vernon, at which time System Disposal was given an opportunity 5 to be heard; and 6 WHEREAS, the City Council has heard and considered all 7 evidence, both written and oral, presented in support and in opposition 8 to System Disposal's franchise termination. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 10 CITY OF VERNON AS FOLLOWS: 11 SECTION 1: The City Council of the City of Vernon hereby 12 finds and determines that the recitals contained hereinabove are true 13 and correct. 14 SECTION 2: The City Council of the City of Vernon further 15 finds that all persons have had the opportunity to be heard or to file 16 written objections to the proposed franchise termination, and having 17 received no such oral and written objections, determines that the 18 preservation of the public health, safety and welfare require the 19 termination of the Non -Exclusive Franchise Agreement for Solid Waste 20 Management Services approved by Resolution No. 7581 for the following 21 reasons 22 (a) System Disposal no longer desires to operate under the 23 franchise; 24 (b) System Disposal intends to abandon its franchise to 25 collect and transport solid waste in the City; and 26 (c) System Disposal has requested the City initiate a 27 termination proceeding under Section 12.50 of the Vernon City Code. 28 - 2 - 1 SECTION 3: The franchise granted to System Disposal is 2 hereby declared terminated pursuant to Section 12.50(b) of the Vernon 3 City Code, effective August 6, 2003. 4 SECTION 4: The City Council of the City of Vernon hereby 5 directs the City Clerk, or his designee,'to send a copy of this 6 resolution within 30 days of the conclusion of the hearing to: 7 System Disposal, Inc. 8 Attn: John Marderosian, General Manager -Secretary 5600 Alhambra Avenue 9 Los Angeles, CA 90032 10 SECTION 5: The City Clerk of the City of Vernon shall 11 certify to the passage of this resolution, and thereupon and 12 thereafter the same shall be in full force and effect. 13 APPROVED AND ADOPTED this 6th day of August, 2003. 14 15 .. LEONIS C. MA BURG, ayor 16 17 ATTEST: 18 , 19 20 BRUCE V. MALKENHORST, City Clerk 21 22 23 24 25 26 27 28 3 - 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. 8259, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, August 6, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) - 4 - EXHIBIT VA, Notice of Intent to Abandon The Solid Waste Management Non-exclusive Franchise and Request to Terminate the Agreement Date: �/-- 7 4-©Z-- To: Lewis Pozzebon Director of Environmental Health City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 On July 26, 2000, System Disposal, Inc and the City of Vernon entered into a non- exclusive franchise agreement for the collection of solid waste in the City. System Disposal, Inc. no longer wishes to operate under the franchise agreement and intends to abandon its franchise to collect and transport solid waste in the City. System Disposal, Inc. hereby requests that the City Administrator initiate a termination proceeding pursuant to Section 12.50 of the Vernon City Code. Z�A � z igna llavid-L.Riaugh-; President Signature John Marderosian, Secretary i/mydoc/sw/letters/franchise/voluntary abandon SUPPORTING DOCUMENTS f" t City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 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 DATE & TIME: Wednesday, August 6, 2003, 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 System Disposal, Inc. dated July 26, 2000. Lewis Pozzebo Health Officer / Date: //l'�,7 i/mydoc/sw/franchise/public notice a r CITY COUNCIL It 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) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 July 10, 2003 System Disposal, Inc. 5600 Alhambra Avenue Los Angeles, CA 90032 Attn: John Marderosian, General Manager -Secretary EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Notice of Hearing to Consider the Voluntary Termination of a City of Vernon Standard Non -Exclusive Franchise Agreement for Solid Waste Management Services for System Disposal, Inc. Dear Mr. Marderosian: You have requested to terminate your franchise and have notified the City of Vernon Health Department that you no longer wish to continue the franchise. Please be advised that on August 6, 2003, at 5:00 p.m., or as soon as thereto 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. If you desire, you may present evidence, in writing and through testimony of your employees and others, relevant to the proposed voluntary 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. Very truly your Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm CC: Lewis Pozzebon, Director of Environmental Health U AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, .Lewis Pozzebon, Director of Environmental Health of the City of Vernon, do hereby certify that I did, on the 17th day of July, 2003 at 4:30 PM, post three (3) copies of NOTICE OF PUBLIC HEARING, to be held on August 6, 2003, (see attached copy) regarding the termination of the Non-exclusive Franchise for Solid Waste Management Services Agreement between the City of Vernon and System Disposal, Inc. One in each of the following places to wit: At the northwest corner of 38 h Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, all in said City, there being no newspaper of general c' ion printed and published in the City of Vernon. SIGNED: DATED: 1 Z -) Lewis Po ebon — or, Environmental Health State of California ) ) ss. County of Los Angeles ) On lulu tN . before me, j V Ali -eve' Notary Public, personally appeared Lewis Pozzebon, personally known to me (or known to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon which the person acted, executed the instrument. WITNE S my hand and official seal MA" S. VALENZUEIA� N CaRrnis�n # 12619MMartha Salenzue a Z0*cmmBqymmay23,M !� Pubnc - Los Angeles County 1p\►nydoc/admin/affidavit of posting 6-02 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) 826-1438 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 July 22, 2003 \b�> On November 7, 2002, System Disposal, Inc., notified the Health Department, in writing, that they are no longer interested in maintaining their Non -Exclusive Franchise Agreement for Solid Waste Management with the City of Vernon. This agreement was entered into August 22, 2000. This has been reviewed by the Director of Environmental Health and the City Attorney. It is hereby recommended that pursuant to Section 12.50 of the Vernon City Code the Non -Exclusive Franchise Agreement with System Disposal, Inc., be terminated. Very truly yours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm Memo Env8 ironmental Health To: Bruce V. Malkenhorst, City Administrator From: Lewis Pozzebon, Director Dafie: 7/9/2003 Ra Termination of Non-exclusive Solid Waste Franchise Agreement with System Disposal, Inc. On August 22, 2000, System Disposal, Inc. entered into a City of Vernon Non- exclusive Franchise Agreement for Solid Waste Management Services with the City. The company has notified the Health Department, in writing, that it no longer wishes to maintain the agreement. Based on this fact, I recommend that you schedule a hearing for the City Council to consider terminating System Disposal Inc.'s agreement. If you concur, Section 12.50 of the Vernon City Code requires that the company be given notice of the hearing and the hearing must be scheduled not less than ten (10) nor more than thirty (30) days from the date of the notice. For your consideration, attached is a hearing notice modeled after a sample notice provided by the City Attorney's office. Attachment Xc, with attachment: City Attorney, Eddie Olivo 4cdd: mydocs/sw/SystemDispTerm. memo System Disposal, Inc. 5600 Alhambra Ave. Los Angeles, CA 90032 Attn.: John Marderosian, General Manager -Secretary Subject: Notice of Hearing to Consider the Voluntary Termination of a City of Vernon Standard Non-exclusive Franchise Agreement for Solid Waste Management Services for System Disposal, Inc. Dear Mr. Marderosian: Please be advised that on , 2003 at 5:00 p.m., or as soon as thereto 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 notified the City of Vernon Health Department that you no longer wish to continue the franchise. If you desire, you may present evidence in writing and through testimony of your employees and others, relevant to the proposed voluntary 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 4cdd: mydocs/sw/TennNoticeSample 7/8/03 Notice of Intent to Abandon The Solid Waste Management Non-exclusive Franchise and Request to Terminate the Agreement Date: //— 7 C' P 2-- To: Lewis Pozzebon Director of Environmental Health City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 On July 26, 2000, System Disposal, Inc and the City of Vernon entered into a non- exclusive franchise agreement for the collection of solid waste in the City. System Disposal, Inc. no longer wishes to operate under the franchise agreement and intends to abandon its franchise to collect and transport solid waste in the City. System Disposal, Inc. hereby requests that the City Administrator initiate a termination proceeding pursuant to Section 12.50 of the Vernon City Code. igna 11 #o -- Signature John Marderosian, Secretary l/mydoclsw/letters/framchise/volurnary abandon 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) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 19, 2003 System Disposal, Inc. 5600 Alhambra Avenue Los Angeles, CA 90032 Attn: John Marderosian, General Manager -Secretary EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Resolution No. 8259 - Terminating the Non -Exclusive Solid Waste Franchise Agreement Dear Mr. Marderosian: Transmitted herewith. is a duplicate original copy of the above referenced resolution approved by the Vernon City Council on August 6, 2003. If you have any questions regarding this matter, please call Mr. Lewis Pozzebon, Director of Environmental Health, at (323) 583-8811 ext. 229. Very truly yours, loz a J. Oro o Chief Deputy City Clerk GJO/gm CC: Lewis Pozzebon Resolution No. 8259