Resolution No. 100471
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
I&A
RESOLUTION NO. 10,047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO LOONEY BIN, INC. BY THE CITY
OF VERNON PURSUANT TO RESOLUTION NO. 8586
WHEREAS, on November 3, 2004, the City Council of the City
of Vernon adopted Resolution No. 8586 approving a Non -Exclusive
Franchise Agreement for Solid Waste Management.Services dated
November 3, 2004, (the `Agreement") by and between the City of Vernon
and Looney Bins, Inc. ("Looney Bins" or "Franchisee"); and
WHEREAS, by a communication dated August 6, 2009, Waste
Management, Inc. ("Waste Management") indicated that it intended to
abandon the Looney Bins franchise because Waste Management, another
franchised hauler in the City, purchased Looney Bins in 2008; and
WHEREAS, by letter dated August 13, 2009, the Director of
Health & Environmental Control notified Waste Management of the City's
intent to terminate the Looney Bins Agreement on August 24, 2009; and
WHEREAS, by memo dated August 11, 2009, the Director of
Health & Environmental Control,.has recommended that the City Council
accept the voluntary termination of the Agreement with Looney Bins
based upon the information that Looney Bins is compliant with the terms
of the Agreement, including franchise fee payments and quarterly report
submissions.
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 2: The City Council of the City of Vernon hereby
accepts the voluntary termination of the Non -Exclusive Franchise
Agreement for Solid Waste Management Services approved by Resolution
No. 8586 and the franchise granted to Looney Bins is hereby declared
terminated pursuant to Section 12.50(b) of the Vernon City Code,
effective August 24, 2009.
SECTION 3: The City.Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a copy of this
resolution to:
Looney Bins, Inc.
c/o Waste Management, Inc.
Attn. Crystal Janetzke
1970 East 213th Street
Long Beach, CA 9081.0
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any and
all documents necessary respecting the termination of the Agreement
for,'and on behalf of, the City of Vernon.
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
her certification to be entered in the. Book of Resolutions of the
Council of this City.
APPROVED AND ADOPTED this 24th day of August, 2009.
Name: Hilario Gonzales
TTEST:
ti
IMANUELA GIRON4 pity Clerk
Title: Mayor / =I�
- 2 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 10,047, was
6 duly passed, approved and adopted by the City Council of the City of
7 Vernon at a regular meeting of the City Council duly held on Monday,
8 August 24, 2009, and thereafter was duly signed by the Mayor or Mayor
9 Pro-Tem of the City of Vernon.���
10 Executed this2b"`day of August, 2009, at Vernon,
11 California.
12
13
MANUELA GIR ,-City Clerk
14
15 (SEAL)
16
17
18
19
20
21
22
23
24
25
26
27
28
3 _
s
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 31, 2009
Ms. Crystal Janetzke
Looney Bins, Inc.
c/o Waste Management, Inc.
1970 East 2131h Street
Long Beach, CA 90810
Re: Termination of the Non -Exclusive Solid Waste Franchise
Dear Ms. Janetzke:
Transmitted herewith is a copy of Resolution No. 10,047 regarding the above -referenced, which
was approved by City Council on August 24, 2009.
If you have any questions regarding this matter, please call Mr. Lewis Pozzebon, at (323) 583-
8811 ext. 229.
Very truly yours,
NekGiro
City Clerk
NG:dj
c: Lewis Pozzebon
Resolution No. 10,047
Agreement No. 99-020
Exclusively Industrial
s
{Gm��'fLYr=IH4V6� ..
STAFF REPORT
APPROVED AUG Z 4 '09 CITY COUNCIL
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE: August 11, 2009
TO: Honorable Mayor and City Council` VFROM: Lewis Pozzebon, Director / Health Officer
RE: Acceptance of Voluntary Termination of Solid Waste Franchise
Agreement with Looney Bins, Inc.
On November 3, 2004, the City Council approved the solid waste franchise agreement
with Looney Bins, Inc. Waste Management, Inc., another franchised hauler in the City,
notified our department by letter, dated August 6, 2009, that Waste Management, Inc.
purchased the Looney Bins, Inc. company in 2008. In the letter (attached), Waste
Management, Inc. also requested the relinquishment, technically termination, of the
franchise permit with Looney Bins, Inc.
Looney Bins, Inc. is compliant with the terms of the franchise agreement including
franchise fee payments and quarterly report submissions. Based on the information, it
is my recommendation that the City Council accept the voluntary termination of the
franchise agreement. A letter notifying Waste Management, Inc. of the City's intent to
accept voluntary termination of the Looney Bins, Inc. franchise agreement is attached.
Attachments
Memo
To: Donal O'Callaghan, City Administrator
fFrol"-
Lewis Pozzebon, Director / Health Officer
Date: 8/11 /2009
Re: Request for City Council Acceptance of Voluntary Termination of Solid Waste
Franchise Agreement
We have been notified that Looney Bins, Inc. has been purchased by another of the City's
franchised haulers, Waste Management, Inc. Waste Management, Inc. has assumed all
reporting and payment responsibility for Looney Bins, Inc.. A 'review of our records shows
that Looney Bins, Inc. was in compliance with the reporting of solid waste collection data
and payment of solid waste franchise fees up until the company was purchased by Waste
Management, Inc.
As a result of the notification, I am proposing to prepare a letter to Waste Management, Inc.
of the City's intent to accept the voluntary termination of the Solid Waste Franchise
Agreement with Looney Bins, Inc. at the regularly scheduled City Council meeting on
Monday, August 24, 2009 (attached). Also attached are a staff report to the City Council
and the letter from Waste Management requesting the termination.
Please advise me if you concur with the August 24th date and I will proceed with the
notification. Attached also is a staff report for the City Council. Michael Estrada, with
RichardsAMatson/Gershon, has reviewed and approved the action.
Please let me know if further action is required.
Attachments
1/mydoctsw/franchise/voluntary terrain memo to admin
e Page 1
o-)
AUG 1 1 2009
BY:—
_0
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
Lewis Pozzebon, Director/Health Officer
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 588-4320
August 11, 2009
CERTIFIED MAIL
Ms. Crystal Janetzke
Waste Management, Inc.
1970 East 213" Street
Long Beach, California 90810
Subject: City of Vernon Acceptance of Voluntary Termination of Non-exclusive
Franchise Agreement with Looney Bins, Inc.
Dear Ms. Janetzke:
Please be advised that, in response to your letter, dated August 6, 2009, that requested the
relinquishment of the Non-exclusive Franchise Agreement with Looney Bins, Inc., the City of
Vernon is planning to accept the voluntary termination of the Agreement at the Vernon City
Council Meeting on Monday, August 24, 2009 at 9:00 a.m., or as soon thereafter as the matter
may be considered. It is anticipated that the subject agenda item will be on the consent calendar.
If you are interested in attending, City Council meetings are held in the City of Vernon City
Council Chambers, 4305 Santa Fe Avenue, Vernon, California, 90058. Your presence is not
required.
If you have any questions or desire further information, please contact me.
Sincerely,
Lewis Pozzebon
Director / Health Officer
1/mydoc/sw/fran/term/notice of vol termination letter
E.Xclusively Industria(
WASTE MANAGEMENT
LA Market Area
UAMO 1970 East213'h Street
W^STE M^M^OEMENT Long Beach, Ca 90810
(310)522-6593
(310) 608-7632 fax
August 6, 2009
HEAD-
City of Vernon i�EPA�TM
Mr. Leonard Grossberg
Environmental Health Dept.
4305 Santa Fe Avenue
Vernon, Ca 90058
Re: Looney Bin Permit
Dear Mr Grossberg,
This letter is a request to relinquish the City of Vernon's franchise permit for Looney
Bins Inc. located at 12153 Montague Street, Pacoima Ca 91331.
Waste Management Inc. acquired Looney Bins Inc on April 15, 2008. All permits, insurance,
diversion reporting and fee payments will be conducted under Waste Management
Please feel free to call me if you have any questions or concerns at (626) 856-1233.
Res ctfully,
vl
Crystal Janetzke
Contract Compliance Manager