Resolution No. 8260r
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RESOLUTIO¢V NO. 8260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO S & P RUBBISH, 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 Franchise
Agreement for Solid Waste Management Services by and between the City
of Vernon and S & P Rubbish, Inc. ("S & P Rubbish" or "Franchisee")
that was executed in March of 1999 ("Agreement"); and
WHEREAS, on June 4, 2003, S & P Rubbish sent the City a
Notice of Intent to Abandon the Solid Waste Management Non -Exclusive
Franchise and Request to Terminate the Agreement, a copy of which is
attached hereto as Exhibit "A" and made a part hereof, and advised the
City that it no longer wishes to operate under the Agreement and
intends to abandon its franchise to collect and transport solid waste
in the City; and
WHEREAS, S & P Rubbish requested that the City Administrator
initiate termination proceedings pursuant to Section 12.50 of the
Vernon City Code; and
WHEREAS, by letter dated July 10, 2003, Bruce V. Malkenhorst,
City Administrator/City Clerk, notified S & P Rubbish of the City's
intent to terminate the Agreement pursuant to Section 12.50 of the
Vernon City Code and that a hearing to consider the termination was
scheduled for August 6, 2003, at approximately 5 p.m.; and
WHEREAS, by letter dated July 23, 2003, Bruce V. Malkenhorst,',
City Administrator/City Clerk, recommended that the Non -Exclusive
Franchise Agreement for Solid Waste Management Services with
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S & P Rubbish be terminated; and
WHEREAS, on August 6, 2003, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time S & P Rubbish 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 S & P Rubbish's 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
received no such oral and written objections, determines that the
preservation of the public health, safety and,welfare require the
termination of the Non -Exclusive Franchise Agreement for Solid Waste
Management Services approved by Resolution No. 7299 for the following
reasons:
(a) S & P Rubbish no longer desires to operate under the
franchise;
(b) S & P Rubbish intends to abandon its franchise to
collect and transport solid waste in the City; and
(c) S & P Rubbish has requested the City initiate a
termination proceeding under Section 12.50 of the Vernon City Code.
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1 SECTION 3: The franchise granted to S & P Rubbish is hereby
2 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:
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S & P Rubbish, Inc.
8 Attn: Aron Petrosian, President
P. O. Box 5786
9 Hacienda Heights, CA 91745
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.
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16 LEONIS C. MA BURG, Mayor
17 ATTEST:
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20 BRUCE V. MALKENHORST, City Clerk
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3 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES' }
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 8260, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday,
8 August 6, 2003, and thereafter was duly signed by the Mayor of the City
9 of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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13 (SEAL)
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EXHIBIT
is CE1;V hU
• 0 2003
DEPARTMENT
Notice of Intent to Abandon The Solid Waste Management
Non-exclusive Franchise and Request to Terminate the Agreement
Date: 4�rl10
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, S & P Rubbish, Inc. and the City of Vernon entered into a
non-exclusive franchise agreement for the collection of solid waste in the City.
S & P Rubbish, 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.
S & P Rubbish, Inc. hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vernon City Code.
vi£,.aau&,ua %.
Petrosian, Pr ident
ignature
Evelyn Petrosian, Secretary
i/mydodsw/tettm/franehise/votuntary abandon.
SUPPORTING
DOCUMENTS
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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
S & P Rubbish Inca dated March 30, 1999.
Jam---
Lewis Pozzel
Health Officer
Date: : L,--->3
i/mydoc/sw/franchise/public notice
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 S & P Rubbish Inc.
One in each of the following places to wit: At the northwest corner of 38th 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 circ ation ed and published in the City of Vernon.
SIGNED: DATED 7
Lewis Pozzebon -- ltoWr, Environmental Health
State of California
ss.
County of Los Angeles
()n-(,1, , t)q before me. Y 41n L
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.
WITNESS my hand and official seal
NIARTHA S. VALENZUEL8%
Commission # 1261903 z
Martha S. Valenzuela Notary public - c®!ifomia
Los Anoeles Coun'y
My Comm FxPastJaY�
Iplmydocladmin/afSdavit of posting
6-02
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CITY COUNCIL
A
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
S & P Rubbish, Inc.
Post Office Box 5787
Hacienda Heights, CA 91745
Attn: Mr. Aron Petrosian, President
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 S & P Rubbish, Inc.
Dear Mr. Petrosian:
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 yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
CC: Lewis Pozzebon, Director of Environmental Health
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 23, 2003 0
\�4� .
On June 4, 2003, S&P Rubbish, 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 March 11, 1999.
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
^� be terminated.
with S�s�x R� s�a��,,,�_� �e ,
bpi s,�(N 1 r c-
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
ti
Me o
Environmental Health
To: Bruce V. Malkenhorst, City Administrator
From: Lewis Pozzebon, Director
Date: 7/9/2003
Re: Termination of Non-exclusive Solid Waste Franchise Agreement with
S & P Rubbish, Inc.
On March 11, 1999, S & P Rubbish, 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 S & P Rubbish 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 Attomey's office.
Attachment
Xc, with attachment: City Attorney, Eddie Olivo
4cdd:mydocs/sw/S&PTerm.memo
S
S & P Rubbish, Inc.
Post Office Box 5787
Hacienda Heights, CA 91745
Attn.: Mr. Aron Petrosian, President
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 S & P
Rubbish, Inc.
Dear Mr. Petrosian:
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 CjV_oJL
Vernon Health Department that you no longer wish to continue the fi-anchisc.V 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.
4cdd: mydocs/sw/TermNoticeSample
7/9/03
Bruce V. Malkenhorst
City Administrator
4
Ili 9Y 0 3 2003
DEPARTM04T
Notice of Intent to Abandon The Solid Waste Management
Non-exclusive Franchise and Request to Terminate the Agreement
Date: ��Z!
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, S & P Rubbish, Inc. and the City of Vernon entered into a
non-exclusive franchise agreement for the collection of solid waste in the City.
S & P Rubbish, 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.
S & P Rubbish, Inc. hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vernon City Code.
Petrosian, Pr ident
ignature
Evelyn Petrosian, Secretary
I/mydoc/sw/letters/franchise/voluntary abandon
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Ter
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
S & P Rubbish, Inc.
P.O. Box 5786
Hacienda Heights, CA 91745
Attn: Aron Petrosian, President
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. 8260 - Terminating the Non -Exclusive Solid Waste
Franchise Agreement
Dear Mr. Petrosian:
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,
4zorl�_e
Glo is J. Or co
Chief Deputy City Clerk
GJO/gm
CC: Lewis Pozzebon
Resolution No. 8260