Resolution No. 100541
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RESOLUTION NO. 10,054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO ALL SERVICE DISPOSAL, INC. BY
THE CITY OF VERNON PURSUANT TO RESOLUTION NO. 7332
WHEREAS, on May 18, 1999, the City Council of the City of
Vernon adopted Resolution No. 7332 approving a Non -Exclusive Franchise
Agreement for Solid Waste Management Services dated May 18, 1999, (the
"Agreement") by and between the City of Vernon and All Service
Disposal, Inc. ("All Service" or "Franchisee"); and
WHEREAS, Section 3.2 of the Agreement requires All Service to
submit timely payment of quarterly franchise fees to the City within a
month of the end of each quarter; and
WHEREAS, Section 4.4 of the Agreement requires All Service to
submit a quarterly report along with the corresponding franchise fee
payment; and
WHEREAS, a review of All Services' franchise fee and
quarterly report history shows that All Service has submitted franchise
fees and/or quarterly reports late seventy-five percent (75%) of the
time -since 1999; and
WHEREAS, Section 12.50 of the Vernon City Code authorizes
termination of a franchise by the City Council if it is determined that
the Franchisee has violated or has failed to comply with any of the
terms or conditions of the Agreement; and
WHEREAS, by letter dated August 11, 2009, the Director of
Health and Environmental Control, notified All Service of the-'City's
intent to conduct a public hearing on August 31, 2009, to consider
termination of the Agreement pursuant to Section 12.50 of the
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W-M
Vernon City Code; and
WHEREAS, the written notice to All Service cited the reasons
for the proposed termination as failure to submit timely franchise fee
payments and quarterly reports; and
WHEREAS, Section 6.1 of the Agreement provides that All
Service is in default of the Agreement if it fails to perform any
material obligation under the Agreement (Sec. 6.1.A), fails to submit
timely franchise fee -payments (Sec. 6.1.B), and fails to submit timely
reports (Sec. 6.1.C); and
WHEREAS, Section 6.2 of the Agreement provides that upon an
event of default by All Service, the City may terminate the Agreement
pursuant to Chapter 12 of the Vernon City Code; and
WHEREAS, on August 31, 2009, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time All Service was given an opportunity to
be heard; and
WHEREAS, the City Council has heard and considered all
evidence, both written and oral, presented in support and in opposition
to All Service's franchise termination.
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
heard and reviewed all such oral and written objections, determines
- 2 -
I that there are.compelling reasons to justify the termination of the
2 Non -Exclusive Franchise Agreement for Solid Waste Management Services
3 approved by Resolution No. 7332 as follows:.
4 (a) All Service has failed to submit timely payment of
5 quarterly franchise fees;
6 (b) All Service has failed to submit timely quarterly
7 reports with the corresponding franchise fee payment;
8 (c) All Service has failed to promptly and faithfully
9 perform its obligations under the Agreement; and
10 (d) All Service is in default of the Agreement pursuant to
11 Section 6.1 of the Agreement.
12 SECTION 3: The franchise granted to All Service is hereby
13 declared terminated pursuant to Section 12.50 of the Vernon City Code,
14 effective August 31, 2009.
15 SECTION 4: The City Council of the City of Vernon hereby
16 directs the City Clerk, or her designee, to send a copy of this
17 Resolution to:
18 All Service Disposal, Inc.
Attn. Robert Sarkissian
19 P.O. Box 1678
20 Montebello, CA 90640
21 SECTION 5: 'The City Council of the City of Vernon hereby
22 authorizes the City Administrator, or his designee, to take whatever
23 actiondeemednecessary or desirable for the purpose of implementing
24 and carrying out the purposes specified in this resolution, including,
25 without limitation, the execution of any and all documents necessary
26 for the purpose of securing the Performance Bond funds of All Service,
27 for, and on behalf of, the City of Vernon, if necessary.
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SECTION 6: 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 31st day of August, 2009.
ATTEST:
IMANUELA GIRON,
ty Clerk
Hilario Gonzales
Name:
Title: Mayor
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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. 10,054, was
duly passed, approved and adopted by the City Council of the City of
Vernon at a regular meeting of the City Council duly held on Monday,
August 31, 2009, and thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this�1ly'tday of August, 2009, at Vernon, California.
MANUELA GIRO , City Clerk
(SEAL)
- 5 -
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 2, 2009
Mr. Robert Sarkissian
All Service Disposal, Inc.
P.O. Box 1678
Montebello, CA 90640
Re: Termination of the Non -Exclusive Solid Waste Franchise
Dear Mr. Sarkissian:
Transmitted herewith is a copy of Resolution No. 10,054 regarding the above -referenced, which
was approved by City Council on August 31, 2009:
If you have any questions regarding this matter, please call Mr. Lewis Pozzebon, at (323) 583-
8811 ext. 229.
ery truly yours,
t
Nelly Giro
City Clerk
NG:dj
c: Lewis Pozzebon
Resolution No. 10,054
Resolution No. 7332
Exclusively Industfiaf
APPROVED AUG 31 '09 CITY COUNCIL
o: Nelly Giron, City Clerk
rom; Lewis Pozzebon, Director / Health Officer
ate: 8/27/2009
Re: Publication of Public Hearing Notice for Termination of Franchise Agreement
with All Service Disposal, Inc.
Attached is a copy of the Proof of Publication from the Vernon Sun regarding the
subject public hearing notice.
Please let me know if additional information is needed.
Attachment
Cc: City Attorney
Lp/mydodadmin/memo/public hearing publication transmittal
0 Page 1
08/27/2009 10:35 323-341-7976 EGP
PAGE 01
It � - LI r
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1rliC�I�l:iTir[k��
The Only All ffi'spunic Owned C'ha /1BilingUal NCW5PaJ2ers
111 S. Avenue 59, Los Ang s, CA 90042-4211
Ph 323,341-7970 - Fax 323.341- 6 • Www,egpiiews,com
PROOF OF PLOLICATION
(2015.5 C I 1111..P.)
STATE OF CALIFOR iA,
COUNTY OF LOS ANGE S
I am a citizen of the Unite i States and a resident
of the County aforemention d; I am over the age of
eighteen years, and not a 1 Orty to or interested in
the above -entitled matter. am the principal clerk
of the printer of
EASTERN GROUP . UBLICATIONS'
newspapers of general ci culation, printed and
published THUBSiDAYS` i the County of Los
Angeles, and which newspapor has been adjudicated
a newspaper of general circ lation by the Superior
Court of the County of L s Angeles, State of
California, under the
date o�NK
UNE 1, 1m,
CASE 13 �;
that the notice, of which th annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regl lar and entire issue of
said newspaper and not in a y supplement thereof
on the following dates, to -wit, -
all in the year gM,
I certify (or declare) under lilenalty of perjury that
the foregoing is true and cor�ect.
Dated at LOS ANGELES, California,
this 201h day of AUGUST, 20R.
i
Signature !
This space is for the County Clerk's Filing Stamp
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing:
Nan -Exclusive Franchise for
Solid Waste Management ervi
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you ma,y
attend.
PLACh: Vernon City Hell, City Counoil Chambers
4305 S. santa Fe Avenue, Vernon, CA 90058
DATE Monday. August 11, 2009, fsl 9:00 a.m. or as sooll Ihereaftrr las
& TIME: the matter may Oe heard.
PURPOSE: To Consider the termination of the Non-ExrlpSivg Franenlse for
Solid Waste Management 5erVI0ekAgreement between the Cily
of Vernon end All Service Dispvxai, Inc entered on May 18, 1999,.
/s,/ Lewis Pozzebon
Health Officer Date: AUa.Us1.1.t,„
This space is for the County Clerk's Filing Stamp
Ti;_�rstrru 05roup uhltcattx us, (�4jxrc_
The Only All Hispanic Owned Chain of Bilingual Newspapers
111 S. Avenue 59, Los Angeles, CA 90042-4211
Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal clerk
of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN,
NORTHEAST SUN, BELL GARDENS SUN,
VERNON SUN, COMMERCE COMET,
CITYTERRACE COMET, MONTEBELLO COMET,
MONTEREY PARK COMET,
E.L.A. BROOKLYN BELVEDERE COMET AND
WYVERNWOOD CHRONICLE,
newspapers of general circulation, printed and
published THURSDAYS in the County of Los
Angeles, and which newspaper has been adjudicated
a newspaper of general circulation by the Superior
Court of the County of Los Angeles, State of
California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to -wit:
AUGUST 20,
all in the year 2009.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 20t—" day of AUGUST, 2009.
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing:
Non -Exclusive Franchise for
Solid Waste Management Services
Signature
S
flies ¢r: e �
AUG T 8 2009
ray rl_ERWS OFFICE
AVA U4 IZI:4
APPROVED AUG 3 I '09 CITY COUNCIL
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE:
TO:
ROM:
RE:
August 10, 2009 CITY CLERK DI
0
Honorable Mayor and City Council
Lewis Pozzebon, Director / Health Officer
Public Hearing to Consider Termination of Non-exclusive Franchise
Agreement for Solid Waste Management Services between the City
of Vernon and All Service Disposal, Inc.
On May 18, 1999, All Service Disposal, lnc.(All Service) entered into a Non-exclusive
Franchise Agreement for Solid Waste Management Services with the City of Vernon.
_ Section 3.2 of the Franchise Agreement requires All Service to submit timely payment of
quarterly franchise fees to the City within a month of the end of each quarter. Section
4.4 requires All Service to submit a quarterly report along with the corresponding
franchise fee payment. A review of All Services' franchise fee and quarterly report
history shows that All Service has not complied with the Agreement with its performance
of repetitive late submissions. The attached submission history indicates that, since
1999, seventy-five (75) per cent of the time All Service submitted franchise fees and/or
quarterly reports late. Records also reflect that our department has made repeated
efforts, including letters and meetings, to remind All Service of the requirement to make
timely submission of fee payments and quarterly reports. Our records also show that All
Service has failed to make timely payment of Health Permit fees in four out of the last
six years (Health Permit Fee History attached).
Section ,12.50 of the Vernon City Code authorizes termination of a franchise by the City
Council if it is determined that the franchisee has violated or has failed to comply with
any of the terms or conditions of the franchise. Based on the record of late payments
and report submissions by All Service as summarized above, I am recommending
termination of the Franchise Agreement with All Service.
Copies of the Notice of Public Hearing letter to All Service, Public Hearing Notice, and
documents related to the termination are attached.
Attachments
Hoalth and Enviror
Control Department
To: Donal O'Callaghan, City Administrator
From: Lewis Poaebon, Director / Health Officer
Date: August 10, 2009
Re: Request for Action to Terminate Non-exclusive Franchise Agreement for Solid Waste
Services with All Service Disposal, Inc.
I am requesting your review and concurrence with the attached staff report and related
documents to take action to terminate the Non-exclusive Franchise Agreement with All
Service Disposal, Inc. As noted in the staff report, All Service Disposal, Inc. has repeatedly
not complied with the terms of the Agreement which require timely submission of solid waste
Quarterly Reports and franchise fee payments. In addition, All Service has been frequently
late in paying Health Permit fees.
Pursuant to Section 12.50 of the Vernon City Code, I am requesting your issuance of a
Notice of Public Hearing to Terminate Franchise letter to All Service Disposal, Inc. Or if you
would prefer to designate me, I will issue the letter. A draft Notice of Public Hearing to
Terminate Franchise letter is attached for your consideration which includes the setting of a
time and place for a public hearing before the City Council. The hearing must be held not
less than ten, nor more than thirty days from the date of the Notice of Public Hearing to
Terminate Franchise letter. The City Attorney has conducted a preliminary review of the
attached documents and concurs with their content and the termination action. To allow time
for adequate preparation by the City Clerk, I have set a tentative date for the public hearing
date Monday, August 31, 2009. A draft Public Notice is attached. If this date is not suitable,
please notify me.
Please let me know if additional information is needed.'f
Thank you.
Attachments
Lp/mydoclAdmin/memo/City Admin Franchise Tennitation memo
ICECEIVED
AUG 1 0 2009
BY:
NOTICE OF PUBLIC HEARING
The City of Vernon 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: Monday, August 31, 2009, at 9:00 a.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
All Service Disposal, Inc entered on May 18, 1999.
r
Lewis Pozzebo
Health Officer
Date: August 11, 2009
1/mydoc/sw/franchise/public notice term
To: Nelly Giron, City Clerk
From: Lewis Pozzebon, Director / Health Officer
Date: 8/18/2009
Re: Termination of Non-exclusive Franchise Agreement with All Service Disposal, Inc.
I am forwarding the following documents related to the subject action:
• City Administrator transmittal memo with Mr. O'Callaghan's approval notation.
• Staff Report with Mr. O'Callaghan's approval notation and attachments.
• Certified mail letter notifying All Service Disposal, Inc. of the public hearing for City
Council consideration of the termination of the agreement to be heard on Monday,
August 31, 2009.
• Certified mail receipt.
• Vernon Sun verification that public hearing notice to be published on Thursday,
August 20, 2009.
I will forward the proof of publication of the public hearing notice upon its receipt by our
department.
Please let me know if you have any questions, or need more information.
Attachments
Xc: City Attorney
0 Page 1
History of All Service Disposal, Inc.
Submission of Solid. Waste Quarterly Reports and Franchise Fee Payments
Year
Quarter
Due
Date
Date
Submitted
Comments/Late Penalty Payments
2009
1st
4/30/2009
7/6/2009
o Late Penalty, Insufficient 1-unds ec ;
Notified All Service
2nd
7/31/2009
7/6/2009
Insufficient Funds Check; 7/27/09 Notified All Service
3rd
10/31/2009
4th
1131 /2010
2008
1st
4/30/2008
5/20/2008
10% Late Penalty, $18.00
2nd
7/31/2008
10/22/2008
20% Late Penal , $18.00
3rd
10/31/2008
10/22/2008
4th
1 /31 /2009
2/5/2009
Late
2007
1st
3/30/2007
5/31/2007
10% Late Penalty, $10.50
2nd
7/31/2007
11/29/2007
40% Late Penalty, $42.00
3rd
10/31/2007
11/29/2007
10% Late Penalty, $11.85
4th
1 /31 /2008
2/4/2008
2006
1st
4/30/2006
7/12/2006
30% Late Penalty, $18.90
2nd
7/31/2006
7/12/2006
3rd
10/31/2006
3/6/2007
20% Late Penalty, $33.50
4th
1 /31 /2007
3/6/2007
10% Late Penalty, $13.90
2005
1 st
4/30/2005
4/5/2005
Franchise Fee Payment Rec'd, Quarterly Rpt Late,
7/7/05
2nd
7/31/2005
7/7/2005
3rd
10/31/2005
12/29/2005
20% Late Penalty, $11.80
4th
1 /31 /2006
12/29/2006
2004
1st
4/30/2004
5/19/2004
10% Late Penalty, $15.06
2nd
7/31/2004
3/29/2005
80% Late Penalty, $101.78
3rd
10/31/2004
3/29/2005
50% Late Penalty, $63.55
4th
1/31/2005
3/29/2005
20% Late Penalty, $20.72
2003
1 st
4/30/2003
5/5/2003
Late
2nd
7/31/2003
9/4/2003
10% Late Penalty, $15.06
3rd
10/31/2003
12/1/2003
10% Late Penalty, $12.71
4th
1/31/2004
5/19/2004
20% Late Penalty, $20.72
2002
1st
4/30/2002
7/8/2002
10% Late Penalty, $15.52
2nd
7/31/2002
7/8/2002
/term/AIIService Qrtly Summary
History of All Service Disposal, Inc.
Submission of Solid Waste Quarterly Reports and Franchise Fee Payments
Year
Quarter
Due
Date
Date
Submitted
Comments/Late Penalty Payments
3rd
10/31/2002
12/2/2002
10% Late Penalty, $17.41
4th
1/31/2003
2/19/2003
10% Late Penalty, $10.36
2001
1 St
4/30/2001
4/5/2001
2nd
7/31/2001
8/30/2001
10% Late Penalty, $15.22
3rd
10/31/2001
11/13/2001
Late
4th
1 /31 /2002
1 /31 /2002
2000
1st
4/30/2000
5/22/2000
10% Late Penalty,$17.57
2nd
7/31/2000
8/30/2000
10% Late Penalty, $17,56
3rd
10/31/2000
1/15/2001
106/6 Late Penalty, $17.56
4th
1/31/2001
4/5/2001
20% Late Penalty, $35.12
1999 1
1 St
4/30/1999
N/A
Franchise A reement Approved 5/18/99
2nd
7/31/1999
8/3/1999
3rd
10/31/1999
11/4/1999
4th
1 131 /2000
2/22/2000
Late
'term/All Service Qrtly Summary
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FILE COPY
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
Mr. Robert Sarkissian
All Service Disposal, Inc.
P O Box 1678
Montebello; California 90640
Subject: Notice of Public Hearing to Consider Termination of City Of Vernon Non-exclusive
Franchise Agreement with All Service Disposal Inc.
Dear Mr. Sarkissian:
Based on a review of City of Vernon Health and Environmental Control records your company's
failure to comply with the requirements of the subject agreement, dated May 18, 1999,
constitutes an event of default (Section 6). Specifically, your company has failed to submit
timely franchise fee payments and quarterly reports.
Pursuant to 6.2 of the Agreement, and Section 12.50 of the Vernon City Code, this letter is to
notify youthat on Monday, August 31, 2009 at 9:00 a.m., or as soon thereafter as the matter may
be heard, in the City of Vernon City Council Chambers, 4305 Santa Fe Avenue, Vernon,
California, the City Council of the City of Vernon will conduct a public hearing to consider the
termination of the subject agreement. You may appear at the public hearing to discuss or submit
relevant information for the City Council's consideration.
If you have any questions or desire further information, please contact me.
Si ,
Lewis Pozz
Director / Health Officer
Utnydoc/sw/fran/term/notice of termination hearing letter
Excfusive(y Industriaf
Re Notice of Public Hearing for All Service Disposal
Page 1 of 2 --
Pozzebon, Lewis
From: Smith, Linda
Sent: Tuesday, August 18, 2009 3:54 PM
To: Pozzebon, Lewis
Subject: FW: Notice of Public Hearing for All Service Disposal
fyi
From: Bianca @ Eastern Group Emailto:advertise@egpnews.com)
Sent: Tuesday, August 18, 2009 3:53 PM
Tp; Smith, Linda
Subject: Re: Notice of Public Hearing for All Service Disposal
Hi Linda,
Thanks for your patience!
Confirming receipt. Cost: $87.50
The size is 2 col. x 1.75" totaling 3.5 column inches (ci). At $25.00 per ci, the
total is $87.50 per date.
Thank you,
Bianca Sanchez, Office Manager
for
Jonathan Sanchez, Associate Publisher
Eastern Group Publications, Inc.
111 S, Avenue 59, Los Angeles, CA 90042-4211
323-341-7970 / Fax 323-341-7976
On 8/13/09 12:30 PM, Smith, Linda<LSmith0d.vernon.ca.us> wrote:
Please find and print the attached public notice .in the next publishing of the Vernon Sun.
Please publish on August 20, 2009, contact me if you have any questions or concerns.
Thank you.
Linda Smith, Department Secretary
Health &Environmental Control Department
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811 Ext. 233
Fax (323) 588-4320
8/18/2009
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Re: -Notice of Public Hearing for All Service Disposal Page 2 of 2
From: Bianca @ Eastern Group [mailto:advertise@egpnews.c
Sent: Thursday, August 13, 2009 11:49 AM
To: Smith, Linda
Subject: Notice of Public Hearing for All Service Disposal
Hello Linda,
I received your fax for the Notice of Public Hearing.
I have two questions.
. Can you email the word format of this notice? If not, it is okay - it is
not a very large notice.
. When would you like this to publish (we publish on Thursdays)?
Our next publication date is August 20 with a deadline of Tuesday,
August 18, 5 p.m. Please let us know.
Thank you,
Bianca Sanchez, Office Manager
for
Jonathan Sanchez, Associate Publisher
Eastern Group Publications, Inc.
111 S. Avenue 59, Los Angeles, CA 90042-4211
323-341-7970 / Fax 323-341-7976
8/18/2009