Resolution No. 8883
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RESOLUTION NO. 8883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO KLISTOFF & SONS DISPOSAL, INC.
AKA KLISTOFF & SONS, INC. BY THE CITY OF VERNON
PURSUANT TO RESOLUTION NO. 7299
7 WHEREAS, on March 30, 1999, the City Council of the City of
8 Vernon adopted Resolution No. 7299 approving a Non-Exclusive Franchise
9 Agreement for Solid Waste Management Services dated on or about
10 April 1, 1999, ("Agreement") by and between the City of Vernon and
11 Klistoff & Sons Disposal, Inc., aka Klistoff & Sons, Inc. ("Klistoff"
12 or "Franchisee"); and
13 WHEREAS, Klistoff sent the City a Notice of Intent to Abandon
14 the Solid Waste Management Non-exclusive Franchise and Request to
15 Terminate the Agreement ("Notice of Intention") dated October 13, 2005,
16 and advised the City that it no longer wished to operate under the
17 Agreement and intended to abandon its franchise to collect and
18 transport solid waste in the City and requested that the City
19 Administrator initiate termination proceedings pursuant to Section
20 12.50 of the Vernon City Code, a copy of which is attached hereto as
21 Exhibit A and incorporated by reference; an
22 WHEREAS, by letter dated October 19, 2005, Lewis J. Pozzebon,
23 Director of Environmental Health, notified Klistoff that a hearing to
24 consider the termination of the Agreement pursuant to Section 12.50 of
25 the Vernon City Code was scheduled for November 2, 2005, at
26 approximately 5 p.m.; and
27 WHEREAS, the Director of Environmental Health has recommended
28 that the Non-exclusive Franchise Agreement for Solid Waste Management
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Services with Klistoff be terminated; and
WHEREAS, on November 2, 2005, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time Klistoff 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 Klistoff.
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) Klistoff no longer wished to operate under the
franchise;
(ii) Klistoff intends to abandon its franchise to collect
and transport solid waste in the City; and
(iii) Klistoff 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 Klistoff is hereby
2 declared terminated pursuant to Section 12.50(b) of the Vernon City
3 Code, effective November 2, 2005.
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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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Klistoff & Sons Disposal, Inc. aka
Klistoff & Sons, Inc.
Attn: Mike Klistoff, Sr., President
10243 Lesterford Avenue
Downey, CA 90242
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SECTION 5:
The City Council of the City of Vernon hereby
hereby authorizes the Acting City Clerk 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.
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SECTION 6:
The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 2nd day of November, 2005.
~.
/' LEONIS C. MA BURG, Mayor
ATTEST:
h-
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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1 STATE OF CALIFORNIA
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ss
COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 8883, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, November 2, 2005, and thereafter was duly signed by the
Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, JR.
Acting City Clerk
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(SEAL)
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EXHIBIT
A
10/25/2005 13:42 FAX 323 581 7924
. .
CITY OF VERNON
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III 002
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RECEIVEb
OCT 1 7 2005
HCAL.1"H
Notice of Intent to Abandon The Solid Waste Management ~l\lT
. Non-exclusive Franchise and Request to Terminate the Agreement
Date: lotl~D5
To: Lewis Pozzebon
Director of Environmental HealtlJ
City of V emon
4305 Santa Fe Avenue
Vernon, CA 90058
On March 30, 1999, Klistoff & Sons, Inc. and the City ofVemon entered into a
non-exclusive franchise agreement for the collection of solid waste in the City.
Klistoff & Sons, 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.
Klistoff & 80118, hlC. hereby requests .that the City Administrator initiate a
tennination proceeding pursuant to Section 12.50 of the Vernon City Co~,
'ftU{f!::It };
Signature
~)' President
-Sign;.ture
, Asst. Mgr
I/mydoc/sw/lettersffranchiaetvo luntary abandon
SUPPORTING
DO,CUMENTS
NOTICE OF PUBLIC HEARING
The City of V emon 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, November 2, 2005, 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
Klistoff & Sons, Inc. dated March 30, 1999.
Date: /;:;;/ 7J:> J-
l/mydoc/sw/franchiselpublic 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 19th day of October 19,2005 at 4:30 PM, post three (3) copies of:
NOTICE OF PUBLIC BEARING, to be held on November 2, 2005, (see attached
copy) regarding the termination of the Non-exclusive Franchise for Solid Waste Management
Services Agreement between the City of Vernon and Klistoff & Sons, 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 cir . pr ed and published in the City of Vernon.
DATED: /e/z-o/::>j-
State of California )
) ss.
County of Los Angeles )
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On I~)/~O /0:>- before me,' mM;'5~1 1/2-, J' 110
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
~
Marl I Tru' 0 .
lfj MAR;SOL TRUJILLO ~
- Comm.I1352112
(I) NOTARY PUBLIC. CALIFORNIA (I)
loa An"s County -
My Comm. Expires Apr~ 1 B. 2006 ...
Ip\mydoc!adminlaffidavit of posting
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