Resolution No. 84401
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RESOLUTION NO. 8440
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO A-1 DISPOSAL AND ROLLOFF, 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 ("Agreements") by and
between the City of Vernon and A-1 Disposal and Rolloff, Inc. ("A-1
Disposal" or "Franchisee"); and
WHEREAS, by a communication dated April 15, 2004, A-1
Disposal indicated that it intended to abandon its franchise due to
insurance considerations; and
WHEREAS, by letter dated April 21, 2004, Bruce V.
Malkenhorst, City Administrator, notified A-1 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 May 5, 2004, at approximately 5 p.m.; and
WHEREAS, by letter dated April 26, 2004, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that the
Non -Exclusive Franchise Agreement for Solid Waste Management Services
with A-1 Disposal be terminated; and
WHEREAS, on May 5, 2004, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time A-1 Disposal was given an opportunity to
be heard; and
WHEREAS, the City Council has heard and considered all
1 evidence, both written and oral, presented in support and in opposition
2 to A-1 Disposal's franchise termination.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
4 CITY OF VERNON AS FOLLOWS:
5 SECTION 1: The City Council of the City of Vernon hereby
6 finds and determines that the recitals contained hereinabove are true
7 and correct.
8 SECTION 2: The City Council of the City of Vernon further
9 finds that all persons have had the opportunity to be heard or to file
10 written objections to the proposed franchise termination, and having
11 heard and reviewed no such oral and written objections, determines
12 that there are compelling reasons to justify the termination of the
13 Non -Exclusive Franchise Agreement for Solid Waste Management Services
14 approved by Resolution No. 7299 and the franchise granted to A-1
15 Disposal is hereby declared terminated pursuant to Section 12.50(b) of
16 the Vernon City Code, effective May 5, 2004.
17 SECTION 3: The City Council of the City of Vernon hereby
18 directs the City Clerk, or his designee, to send a copy of this
19 resolution within 30 days of the conclusion of the hearing to:
20 A-1 Disposal and Rolloff, Inc.
21 Attn: Kathleen Farnsworth, C.F.O.
2930 E. 12th Street
22 Los Angeles, CA 90023
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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 5th day of May, 2004.
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6 Ii
7
EONIS C. MAL URG, Mayor
8 ATTEST:
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11 BRUCE V. MALKENHORST, City Clerk
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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.
8440, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, May 5,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerks
- 4 -
SUPPORTING
DOCUMENTS
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 A-1 DISPOSAL AND ROLLOFF, INC.
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, May 5, 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 A-1 Disposal and
Rolloff, Inc.
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 April 27, 2004 to May 5, 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 --
May 5, 2004. Comments received after that date may not receive full
consideration,
Dated: April 27, 2004,
Lewis Pozzeb#
Health Officer
Date:
4cdd:mydocs/S0LIDWASTE/ A-WubHearNot
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 27th day of April 2004 at 9:30 AM, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held on May 5, 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
A-1 Disposal and Rolloff, 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 circulation printed and published in the City of Vernon.
SIGNED: _.. -- �. DATED: `7 Z 7
Lewis Pozzebon — Dito Environmental Health
State of California )
) ss.
County of Los Angeles )
On 4/27/04 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 mv hand and official seal
Mari 1 Trujillo
9cLG:SOLIDWASTE/IWC/PERMITTMG/affidavit Posting
MARISOL TRUJILLO
Comm. # 1352112
N NOTARY PUBLIC -CALIFORNIA
Los Angeles County
MY Comm. Expires April�006