Resolution No. 84242
3
4
5
M.
rR
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO SERV-WEST DISPOSAL INC. DBA
OLYMPIC DISPOSAL CO. 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 ("Agreements") by and
between the City of Vernon and Serv-West Disposal Inc. dba Olympic
Disposal Co. ("Olympic Disposal" or "Franchisee"); and
WHEREAS, by a communication dated March 5, 2004, Olympic
Disposal indicated that it intended to abandon its franchise due to
insurance considerations and the fact that it no longer had any
customers in Vernon; and
WHEREAS, by letter dated March 18, 2004, Bruce V.
Malkenhorst, City Administrator, notified Olympic Disposal 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 April 7, 2004, at approximately 5 p.m.; and
WHEREAS, by letter dated March 31, 2004, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that the
Non -Exclusive Franchise Agreement for Solid Waste Management Services
with Olympic Disposal be terminated; and
WHEREAS, on April 7, 2004, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time Olympic Disposal was given an opportunity
to be heard; and
1 WHEREAS, the City Council has heard and considered all
2 evidence, both written and oral, presented in support and in opposition
3 to Olympic Disposal's franchise termination.
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
5 CITY OF VERNON AS FOLLOWS:
6 SECTION 1: The City Council of the City of Vernon hereby
7 finds and determines that the recitals contained hereinabove are'true
8 and correct.
9 SECTION 2: The City Council of the City of Vernon further
10 finds that all persons have had the opportunity to be heard or to file
11 written objections to the proposed franchise termination, and having
12 heard and reviewed no such oral and written objections, determines
13 that there are compelling reasons to justify the termination of the
14 Non -Exclusive Franchise Agreement for Solid Waste Management Services
15 approved by Resolution No. 7299 and the franchise granted to Olympic
16 Disposal is hereby declared terminated pursuant to Section 12.50(b) of
17 the Vernon City Code, effective April 7, 2004.
18 SECTION 3: The City Council of the City of Vernon hereby
19 directs the City Clerk, or his designee, to send a copy of this
20 resolution within 30 days of the conclusion of the hearing to:
21
Serv-West Disposal Inc. dba Olympia Disposal Co.
22 Attn: Richard Harabedian, Vice President
116 West Maynard Road
23 Montebello, CA 90640
24
25
26
27
28
2 -
1 SECTION 4: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 7th day of April, 2004.
5
;LEONIS C. MALB RG, Ma r
7
8 ATTEST:
9
10 v' �-
11 BRUCE V. MALKENHORST, City Clerk
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3 -
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
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.
8424, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
April 7, 2004, and thereafter was duly signed by the Mayor of the City
of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 4 -
SUPPORTING
DOCUMENTS
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 29`h day of March 2004 at 9:30 AM, post three (3) copies of
NOTICE OF PUBLIC HEARING, to be held on April 7, 2004, (see attached copy)
considering a Resolution to accept the voluntary termination of a City of Vernon
Standard Non-exclusive Franchise Agreement for Solid Waste Management Services for
Olympic Disposal Services.
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 circ o ted and published in the City of Vernon.
F
SIGNED: Lam- DATED:,Z 3 l /=' Y
Lewis Pozze n Director, Environmental Health
State of California )
) ss.
County of Los Angeles )
On April 1, 2004 before me, Marisol Trujillo
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
Marisol
9cLG:SOLIDWASTE/IWC/PERMrrMG/Olympic davit
MARI�SOL TRUJILLO
• Comm. # 1352112 'A
NOTARY PUBLIC-CALIFORNIA 41
Los Angeles County
MY Comm. Expires Aprif i8, 1006 I;
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
NOTICE OF PUBLIC HEARING TO CONSIDER THE VOLUNTARY
TERMINATION OF A CITY OF VERNON STANDARD NON-EXCLUSIVE
FRANCHISE AGREEMENT FOR SOLID WASTE MANAGEMENT
SERVICES FOR OLYMPIC DISPOSAL COMPANY
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, April 7, 2004 at 5:00 p.m. or as soon
thereafter as the matter may be heard.
PURPOSE: To consider the voluntary termination of a City of
Vernon Standard Non-exclusive Franchise Agreement for
Solid Waste Management Services for Olympic Disposal
Company
A copy of the Resolution and supporting evidence will be available for
public review during normal business hours in the Vernon Health Department,
located at 4305 S. Santa Fe Ave., Vernon, California, from March 29, 2004 to
April 7, 2004.
The public is also invited to submit written comments prior to the hearing.
You may submit written comments on the proposed resolution until 5:00 p.m. on
April 7, 2004. Comments received after that date may not receive full
consideration.
Dated: March 29, 2004
Lewis Pozzebo
Health Officer
Dater
9cLG:SOLIDWASTE/IWC/Pcnnitting/ OlympicPubHear