Resolution No. 95511
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RESOLUTION NO. 9551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO ALTA RUBBISH HAULING SERVICE
BY THE CITY OF VERNON PURSUANT TO RESOLUTION NO.
7494
WHEREAS, on February 15, 2000, the City Council of the City
of Vernon adopted Resolution No. 7494 approving a Non -Exclusive
Franchise Agreement for Solid Waste Management Services dated
February 15, 2000, (the "Agreement") by and between the City of Vernon
and Alta Rubbish Hauling Service ("Alta" or "Franchisee"); and
WHEREAS, Section 3.1 of the Agreement provides for the
payment of franchise fees; and
WHEREAS, Section 3.2 of the Agreement provides for the
payment of late fees if the franchise fee payment is not received by
the City within the specified time; and
WHEREAS, Section 4.4 of the Agreement provides that a
franchise quarterly report is due on the last day of the month
following the end of a calendar quarter; and
WHEREAS, by letter dated December 3, 2007, Lewis J. Pozzebon,
Director of Environmental Health and Health Officer, notified Alta that
the quarterly reports for the second and third quarters of 2007 were
late, the franchise fees and the late payment fees for said quarters
were due and that the failure to submit the timely reports and fees
constituted an event of default under the Agreement unless cured by
December 27, 2007; and
WHEREAS, by letter dated January 28, 2008, Eric Fresch, City
Administrator, notified Alta of the City's intent to terminate the
1 Agreement pursuant to Section 12.50 of the Vernon City Code at a
2 hearing to consider the termination scheduled for February 19, 2008,
3 at approximately 10 a.m.; and
4 WHEREAS, the written notice to Alta cited the reasons for
5 the proposed termination as failure to make timely submissions of the
6 franchise fee payments and quarterly reports pursuant to Sections 3.2
7 and 4.4 of the Agreement; and
8 WHEREAS, Section 6.1 of the Agreement provides that Alta is
9 in default of the Agreement if it fails to perform (Sec. 6.1.A) and
10 fails to make timely franchise fee payments (Sec. 6.1.B); and
11 WHEREAS, Section 6.2 of the Agreement provides that upon an
12 event of default by Alta, the City may terminate the Agreement; and
13 WHEREAS, based upon past reports submitted, Alta would owe
14 approximately Two Hundred Twenty Dollars ($220.00) per quarter of
15 arrears plus late fees; and
16 WHEREAS, on February 19, 2008, a duly noticed hearing on the
17 proposed franchise termination was conducted by the City Council of
18 the City of Vernon, at which time Alta was given an opportunity to be
19 heard; and
20 WHEREAS, the City Council has heard and considered all
21. evidence, both written and oral, presented in support and in
22 opposition to Alta's franchise termination.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE:
24 CITY OF VERNON AS FOLLOWS:
25 SECTION 1: The City Council of the City of Vernon hereby
26 finds and determines that the recitals contained hereinabove are true
27 and correct.
28 SECTION 2: The City Council of the City of Vernon further
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S
Ifinds that all persons have had the opportunity to be heard or to file
written objections to the proposed franchise termination, and having
heard and reviewed no such oral and writtenobjections, 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. 7494 as follows:
(a) Alta has failed to pay the required franchise fee
payments and applicable late fees since the first quarter of 2007 and
based upon the first quarter would owe approximately Two Hundred
Twenty Dollars ($220.00) per quarter of 2007 plus late fees;
(b) Alta has failed to submit timely quarterly reports for
the second, third and fourth quarters of 2007;
(c) Alta has failed to promptly and faithfully perform its
obligations under the Agreement; and
(d) Alta is in default of the Agreement pursuant to Section
6.1 of the Agreement.
SECTION 3: The franchise granted to Alta is hereby declared
terminated pursuant to Section 12.50(b) of the Vernon City Code,
effective February 19, 2008.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a copy of this
resolution within 30 days of the conclusion of the hearing to:
Alta Rubbish Hauling Service
Attn. Sal Altadonna
770 S. Lincoln Avenue
Walnut, CA 91789
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any and
all documents necessary for the purpose of securing the Performance
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Bond 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 19th day of February, 2008.
ATTEST:
k� - —
DIIANUELA GIRON, City Clerk
i
Name: Leonis C. Malburg
Title: Mavor.
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9551, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Tuesday, February 19, 2008,
and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the
City of Vernon.
(SEAL)
MANUELA GIRON, ity Clerk
- 5 -
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 4, 2008
Mr. Sal Altadonna
Alta Rubbish Hauling Service
770 S. Lincoln Avenue
Walnut, CA 91789
Re: Termination of the Non -Exclusive Solid Waste Franchise
Dear Mr. Altadonna:
Transmitted herewith is a copy of Resolution No. 9551 regarding the
above -referenced, which was approved by City Council on February 19,
2608.
If you have any questions regarding this matter, please call Mr. Lewis
Pozzebon, at (323) 583-8811 ext. 229.
�,_, Very truly yours,
t
4/,Ielly Giron
City Clerk
NG:dr
c: Lewis Pozzebon
Resolution No. 9551
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