Resolution No. 95772
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RESOLUTION NO. 9577
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO NORCAL WASTE SERVICES, INC. BY
THE CITY OF VERNON PURSUANT TO RESOLUTION NO. 7299,
AS ASSIGNED BY RESOLUTION NO. 7762
WHEREAS, on March 30, 1999, the City Council of the City of
Vernon approved Resolution No. 7299 approving a Non-exclusive
Franchise Agreement for Solid Waste Management Services dated on or
about April 1, 1999 (the "Agreement") with J.J.V. Disposal, Inc. for
the collection, transportation and disposal of solid waste generated
(within the City of Vernon and the payment of franchise fees to the
ICity; and
WHEREAS, on May,23, 2001, the City Council of the City of
Vernon adopted Resolution No. 7762 approving the assignment of the
Agreement from J.J.V. Disposal, Inc. to Norcal Waste Services, Inc.
("Norcal"); and
WHEREAS, Norcal 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 January 31,
2008, 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 the City Administrator
to initiate termination proceedings pursuant to Section 12.50 of the
Vernon City Code, a copy of said Notice of Intention is attached
hereto as Exhibit A and incorporated by reference; and
WHEREAS, by letter dated March 3, 2008, the Director of
Environmental Health notified Norcal that a hearing to consider the
1 termination of the Agreement pursuant to Section 12.50 of the Vernon
2 City Code was scheduled for March 17, 2008, at approximately 10 a.m.;
3 and
4 WHEREAS, by memo dated February 28, 2008, Lewis Pozzebon,
5 Director of Environmental Health, recommended that the Agreement with
6 Norcal be terminated; and
7 WHEREAS, on March 17, 2008, a duly noticed hearing on the
8 proposed franchise termination was conducted by the City Council of
9 the City of Vernon, at which time Norcal was given an opportunity to
10 be heard; and
11 WHEREAS, the City Council of the City of Vernon heard and
12 considered all evidence, both written and oral, presented in support
13 and in opposition to the request to abandon and terminate the
14 franchise of Norcal.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
16 CITY OF VERNON AS FOLLOWS:
17 SECTION 1: The City Council of the City of Vernon hereby
18 finds and determines that the recitals contained hereinabove are true
19 and correct.
20 SECTION 2: The City Council of the City of Vernon further
21 finds that all persons have had the opportunity to be heard or to file
22 written objections to the proposed franchise termination, and having
23 not heard or reviewed any such oral and written objections, determines
24 that there are compelling reasons to justify the termination of the
25 Agreement approved by Resolution No. 7299, as assigned by Resolution
26 No. 7762, as follows:
27 (i) Norcal no longer wished to operate under the
28 franchise;
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(ii) Norcal intends to abandon its franchise to collect
and transport solid waste in the City; and
(iii) Norcal requested the City initiate a termination
proceeding under Section 12.50 of the Vernon City Code.
SECTION 3: The franchise granted to Norcal is hereby
declared terminated pursuant to Section 12.50(b) of the Vernon City
Code, effective March 17, 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:
Norcal Waste Services, Inc.
c/o Susan Joyce - Accounts Payable
160 Pacific Avenue, Suite 200
San Francisco, CA 94111
SECTION 5: The City Council of the City of Vernon 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 17th day of March, 2008.
ATTEST:
MANOELA GIRON, C T y Clerk
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. 9577, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, March 17, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GI 00, City Clerk
- 4 -
EXHIBIT A
01/31/2008 13:30 FAX 323 588 4320
r - RECEIVEO
lA 004
FEB 1 9 2008
DEPARTMENT
Notice of Intent to Abandon The Solid Waste Management
Nora -exclusive Franchise and Request to Terminate the Agreement
Date: 1 31 100o
To: Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90055
On March 30,1999, J.J.V. Disposal, Inc., which subsequently changed its name to
Norcal. Waste Services, Inc., and the City of Vernon entered into a non-exclusive
franchise agreement for the collection of solid waste in the City.
Norcal Waste Services, 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.
Norcal Waste Services, Inc, hereby requests that the City Administrator initiate a
termination proceeding pursuant to Section 12.50 of the Vernon City Code.
Signature
Vice President
1tMydOQt9WAett=&Tmnddsdvohmtuy abendan
-Al — .
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 26, 2008
Ms. Susan Joyce
Accounts Payable
Norcal Waste Services, Inc.
160 Pacific Avenue, Suite 200
San Francisco, CA 94111
Re: Termination of the Non -Exclusive Solid Waste Franchise
Dear Ms. Joyce:
Transmitted herewith is a copy of Resolution No. 9577 regarding the
above -referenced, which was approved by City Council on March 17,
2008.
If you have any questions regarding this matter, please call Mr. Lewis
Pozzebon, at (323) 583-8811 ext. 229.
4
Very truly yours,
k
4NAlyr n
City Clerk
NG:dr
c: Lewis Pozzebon
Resolution No. 9577
Exclusively Industfial
/)a- b 7
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
Lewis Pozzebon, Director/Health Officer
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 588-4320
March 3, 2008
Mr. Mark R. Lomele
Chief Financial Officer
Norcal Waste Services
160 Pacific Avenue Suite 200
San Francisco, California 94111
CERTIFIED MAIL
Subject: Voluntary Termination of City Of Vernon Non-exclusive Franchise Agreement
Dear Mr. Lomele:
In response to your notice of intent to abandon the Solid Waste Management Non-exclusive
Franchise Agreement dated January 31, 2008, the Vernon City Clerk has scheduled a public
hearing for the Monday, March 17, 2008 City Council Meeting. The meeting begins at 10:00
A.M., and will take place in the Council Chambers at the Vernon City Hall, 4305 South Santa Fe
Ave., Vernon.
Although your presence is not required, you or a company representative can attend to present
evidence in writing or through testimony at the hearing. Please note that if, in the future, Norcal
Waste Services is interested in re-establishing a solid waste management business in Vernon, a
new application for a non-exclusive franchise agreement can be submitted for approval.
If you have any questions or desire further information, please contact me.
"- rel ,
Lewis J. Pozze on
Director / Health Officer
1/mydoc/sw/&an/letteWvoluntary termination hearing
EXcfusive(y Industrid