Resolution No. 86971
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RESOLUTION NO. 8697
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON- EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO ART'S DISPOSAL SERVICE,. 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 dated on or about
April 1,' 1999, ( "Agreement ") by and between the City of Vernon and.
Art's Disposal Service, Inc. ( "Art's Disposal" or "Franchisee "); and
WHEREAS, Art's Disposal sent the City a Notice of Intent to
Abandon the Solid Waste Management Non - exclusive Franchise and Request
to Terminate the Agreement ( "Notice of Intention ") dated October 27,
2004, and advised the City that it no longer wished to operate under
the Agreement and intended to abandon its franchise to collect and
transport solid waste in the City and requested that the City
Administrator initiate termination proceedings pursuant to Section
12.50 of the Vernon City Code, a copy of which is attached hereto as
Exhibit A and incorporated by reference; an
WHEREAS, by letter dated March 9, 2005, Bruce V. Malkenhorst,
City Administrator, notified Art's Disposal that a hearing to consider
the termination of the Agreement pursuant to Section 12.50 of the
Vernon City Code was scheduled for March 16, 2005, at approximately 5
p.m.; and
WHEREAS, by letter dated March 7, 2005, Bruce V.
Malkenhorst, City Administrator /City Clerk, recommended that the Non-
exclusive Franchise Agreement for Solid Waste Management Services with
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Art's Disposal be terminated; and
WHEREAS, on March 16, 2005, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time Art's Disposal was given an opportunity
to be heard; and
WHEREAS, the City Council heard and considered all evidence,
both written and oral, presented in support and in opposition to the
request to abandon and terminate the franchise of Art's Disposal.
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
not heard or reviewed any such oral and written objections, determines
that there are compelling reasons to justify the termination of the
Non - exclusive Franchise Agreement for Solid Waste Management Services
approved by Resolution No. 7299 as follows:
(i) Art's Disposal no longer wished to operate under the
franchise;
(ii) Art's Disposal intends to abandon its franchise to
collect and transport solid waste in the City; and
(iii) Art's Disposal 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 Art's Disposal is
hereby declared terminated pursuant to Section 12.50(b) of the Vernon
City Code, effective March 16, 2005.
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:
Art's Disposal
Attn: Jim Kazarian
8 Corporate Park, Suite 300
Irvine, CA 92606
SECTION 5: The City Council of the City of Vernon hereby
hereby authorizes the City Administrator to execute any and all
documents necessary for the purpose of securing the Certificate of
Deposit funds for, and on behalf of, the City of Vernon.
SECTION 6: 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 16th day of March, 2005.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
BURG, Mayor
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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.
8697, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 16,
2005, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
EXHIBIT
A
Notice of Intent to Abandon The Solid Waste Management
Non - exclusive Franchise and Request to Terminate the Agreement
Date:
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, Art's Disposal Service Inca and the City of Vernon entered
into a non - exclusive franchise agreement for the collection of solid waste in the
City.
Art's Disposal Service 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 effective June 15, 2004
Art's Disposal Service Inc. hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vernon City Code.
3 it o v L f - P.- reroS -e -S 69
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1/ mydoc /sw/letters/franchise/voluntary abandon
Signature
Art Kazarian, President
A
S ignature Kazan
Jame e
sident
SUPPORTING
DOCUMENTS
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583 -8811
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing, which you may attend.
PLACE:
DATE &
TIME:
PURPOSE:
Vernon City Hall
City Council Chambers
4305 S. Santa Fe Avenue
Vernon, CA 90058
Wednesday, March 16, 2005 at 5:00 p.m. or as soon
thereafter as the matter may be heard.
To consider the voluntary termination of a City of
Vernon Standard Non - exclusive Franchise Agreement for
Solid Waste Management Services for Art's Disposal
Service.
Supporting documents 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 3, 2005 to March 16, 2005.
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
March 16, 2005. Comments received after that date may not receive full
consideration.
The hearing may be continued or adjourned to a stated time and place
without further notice of a public hearing.
Dated: March 3, 2005
4cDD:SoWst /Art'sPublHearNot
Lewis Pozzeb
Health Officer
Date: 3/3/0 )
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF VERNON
) ss.
I, Lewis Pozzebon, Director of Environmental Health of the City of Vernon, do hereby
certify that I did, on the 3rd day of March, 2005 at 4:30 PM, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held on March 16, 2005, (see attached copy)
considering a Resolution to consider the termination of a City of Vernon Standard Non-
exclusive Franchise Agreement for Solid Waste Management Services for Art's Disposal
Service,
One in each of the following places to wit: At the northwest comer 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 do a Tinted and published in the City of Vernon.
SIGNS DATED: 3/3/
Lewis Pozze Director, Environmental Health
State of California
)
) ss.
County of Los Angeles )
On March 3, 2005 before me, Marisol Trul illo
Notary Public, personally appeared Lewis Pozzebon, personally known to me (or
on the basis of satisfactory evidence) to be the person whose name is subscribed
instrument and acknowledged to me that he executed the same in his authorized
that by his signature on the instrument the person, or the entity upon which the
executed the instrument.
WITNESS my hand and official seal
4cdd: mydocs /SolWast/Art'sDisposalAffidavit
MARISOL TRUJILLO
Cnmttt, # 1352112 m
30TARt ?1.11111C-CALIFORNIA
Los Angeles County .a
t y Comm. Expires Apr818, 2006
known to me
to the within
capacity, and
person acted,
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
Chief Executive Officer of
Light & Power
ERIC T. FRESCH
City Attorney
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583 -8811
March 9, 2005
Art's Disposal
8 Corporate Park, Suite 300
Irvine, 92606
Attn.: Mr. Jim Kazarian
JOHN KARNS
Karns & Karabian
General Counsel
KEVIN WILSON
Director of Community Services & Water
STEVEN E. PARKER
Fire Chief
SOL BENUDIZ
Police Chief
LEWIS J. POZZEBON
Director of Environmental Health
RORY BURNETT
Gursey, Schneider & Co. LLP
City Accountant
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 Art's
Disposal
Dear Mr. Kazarian:
Please be advised that on March 16, 2005 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 no longer wish to maintain
the franchise. You are not required to attend the hearing, but 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.
4cdd: mydocs/sw /ArtsTermNotice
3/08/04
Bruce V. Malkenhorst
City Administrator
"Exclusively Industrial"
Memo
Environmental Health Depi ent
To: N tly Giron, Deputy City Clerk
From: Dan Downing, Chief Deputy Director �(
Date: March 8, 2005
Re: Art's Disposal Termination Notice
Attached for City Manager Malkenhorst's signature is an original letter addressed to
Art's Disposal, notifying the company of an upcoming termination hearing. After is
signed, could you please provide the Health Department a copy of the have the letter
and then have the letter mailed to Art's Disposal?
4c dd: mydocslswiArtsDisposal/ArtsNotMemo
1VI e 1110
Environmental Health Depa ent
To ruse V. Malkenhorst, City Administrator
From Lewis Pozzebon, Director
Data 2/28/2005
Re Termination of Non - exclusive Solid Waste Franchise Agreement with
Art's Disposal Service, Inc.
On March 30, 1999, Art's Disposal Service, Inc. entered into a City of Vemon 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 (see attached). We have confirmed that Art's has sold all
of its Vernon accounts to Athens Disposal Co., another Vernon franchised waste
hauler.
Based on this fact, I recommend that you schedule a hearing for the City Council to
consider terminating Art's Disposal Service 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.
Please notify this office whenever a hearing is scheduled, so I can post a public
notice of the hearing, and notify all interested parties to prepare for the hearing.
Attachments
Xc, with attachments: City Attomey, Eric Fresch
4cdd: mydocs/sw /ArtsTerm. memo
,CA
Attn:
.__-- - -, 200-
Subject: Notice of Hearing to Consider the ---- ------ Termination of a City of Vernon Standard
Non - exclusive Franchise Agreement for Solid Waste Management Services for
Dear Mr. .
Please be advised that on - - -- -, 200 - 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 . 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/ TermNotice
/ --/04
Notice of Intent to Abandon The Solid Waste Management
Non - exclusive Franchise and Request to Terminate the Agreement
Date:
/0,?7, Oti
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, Art's Disposal Service Inc. and the City of Vernon entered
into a non- exclusive franchise agreement for the collection of solid waste in the
City.
Art's Disposal Service 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 effective June 15, 2004
Art's Disposal Service Inc. hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vemon City Code.
o(-7-4---
A/14 3 I v 4 -rfa,Se S of
Y A693q.
1 /myaocisw/letters/fianchise/vol untary abandon
Signature —
Art Kazarian, President
Signature
Jame Kazari esident