Resolution No. 8261l
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RESOLUTION NO. 8261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO HMD WASTE COMPANY 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 HMD Waste Company ("HMD Waste" or "Franchisee") that was
executed in March of 1999 ("Agreement"); and
WHEREAS, on May 15, 2003, HMD Waste 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;j
land
WHEREAS, HMD Waste 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 HMD Waste 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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HMD Waste 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 HMD Waste 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 HMD Waste'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
reason:
(a) HMD Waste no longer desires to operate under the
franchise;
(b) HMD Waste intends to abandon its franchise to collect
and transport solid waste in the City; and
(c) HMD Waste has requested the City initiate a
termination proceeding under Section 12.50 of the Vernon City Code.
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SECTION 3: The franchise granted to HMD Waste is hereby
declared terminated pursuant to Section 12.50(b) of the Vernon
City Code, effective August 6, 2003.
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:
HMD Waste Company
Attn: Vick Davidian, President
P. 0. Box 69
Gardena, CA 90248
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 6th day of August, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
q EONIS C. URG, ffayor
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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.
8261, 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.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
0
.� vim,■ V �RJ
MAY 15
J '2003 '
DEPARTMENT
Notice of Intent to Abandon The Solid Waste Management
Non-exclusive Franchise and Request to Terminate the Agreement
Date: 1C,-t(,r.. 2, -1
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, FAM Waste Company and the City. of Vernon entered into a
non-exclusive franchise agreement for the collection of solid waste in the City.
HMD Waste Company no longer wishes to operate under the franchise agreement
and intends to abandon its franchise to collect and transport sold waste in the City.
IiMD Waste Company hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vernon City Code.
Signature
Hovick Davidian, President
Signature
Herach Davidian, Vice -President
i/mydo-Jsw/ldtem/franel ise/voluntary abandon
SUPPORTING
DOCUMENTS
yvp
CITY COUNCIL
LEONIS C. MALBURG'
v
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 Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 23, 2003
,yEDUARDO 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
On February 16, 2003, HMD Waste Company 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
with &T _ __ be terminated.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
HMD Waste Company
Post Office Box 69
Gardena, CA 90248
Attn.: Mr. Vick Davidian, President
Subject: Notice of Hearing to Consider the Voluntary Termination of a City of Vernon
Standard Non-exclusive Franchise Agreement .far Solid Waste Management Services for HMD
Waste Company
Dear Mr. Davidian:
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/TermNoticeSample
7/9/03
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
HMD Waste Company
P.O. Box 69
Gardena, CA 90248
Attn: Vick Davidian, 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. 8261 - Terminating the Non -Exclusive Solid Waste
Franchise Agreement
Dear Mr. Davidian:
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,
oria J. osco
Chief Depu y City Clerk
GJO/gm
CC: Lewis Pozzebon
Resolution No. 8261
•
y City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa he 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
HMD Waste Company dated March 30, 1999.
Lewis Pozze
Health Officer
Date:�2 /
1/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 HMD Waste Company.
One in each of the following places to wit: At the northwest corner of 38`" 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 circu ion ' ted and published in the City of Vernon.
SIGNED: e DATED:
Lewis Pozzebon — tor, Environmental Health
State of California
ss.
County of Los Angeles )
On 'I D before me, n '} �"' - Q e IeN
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.
WITN SS my hand and officia
MAxTM MA
cmission #� �
mr 90a
< . Notary PubQc - Comm
Martha S. Valenzuela ` $ Los Angeles Cot *
Ivy Comm.B#%Moy23,2l104
l&nydoc/admin/affidavit of posting
6-02
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
July 10, 2003
HMD Waste Company
Post Office Box 69
Gardena, CA 90248
Attn: Vick Davidian, 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 HND Waste Company
Dear Mr. Davidian:
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 maybe,. -continued or
adjourned to a stated time and place without further notice.
Ve truly y urs,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
CC: Lewis Pozzebon, Director of Environmental Health