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Resolution No. 100541 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Norm 18 19 20 21 22 23 24 25 26 27 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 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 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. 28 3 - 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 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 - 4 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 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 � II r 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 rn 0 r W �+ m y Ut O �r o N _ O r_ �' coo r` v (0 o G. N d z c to V M M st E '0. z �r It 0 0 0 1- 00o w la N N N N CD R Gf r O "t 00 N �...>. N N M coN d d O V O to uO O I-- co CAE- N N N n..'..'; co m M N M N 00 to N N M k N J p1 1� t 00 N R (14 N N M O II-N L V O O O co 00 O •O O N N N N O N , a+. > . N 00 00 2 N C _O CO N N N r N N N 00 O 00 O w O 00 00 co O co O 00 O �- O O O O O O O LL.. LL LLLL laL LaL L¢L LaL LLL O O O O LO O O O i 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 Z o Dm v �n Zbo W a � ..r A� ■ m m Q S � 0 CD C m Cl2,: C _ Q. m 0 CDr. I w (D ON mW CD N D CL CD Cl w �� O o .�1 y -� Qom _..... O 7 C. Cd Z, CD 'rmO' v_ 3 0 CD 0: • CD 'a 0 —CD,mCD C. C3 } �. d'� � m . C I ' 3 Ul c�" 0 SJ CD O 'O �' m �. 3 fn:: • CL O o* c cam Nam! `°` Q ...+ i CD N ID Q CD Q NCL N m Q� co 4 _ . � - �11 Q m �e W O v a 3 N Q w y � m co a a • cr 3 ;E m • 3 N tp o CD❑ .�* o �' W CD N CO z 0 . rn U) -i III a m N CD 7i T O CD CD rn P W h m c -. CD CD �. w CD C7 'CD G CL _ D -ri (T1 a .fie - CD � ?J o z oD Q CD N W OD Cy -0 Z W _ r � . a CD T'1 N C.�O -U (P C7 6 X (D N o 4° • ui ., CD O iCD - a 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