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Home My WebLink AboutResolution No. 95-C91SRC48269 0 RESOLUTION NO. 95-C91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE TERMINATION OF THE RESIDENTIAL AND COMMERCIAUINDUSTRIAL GARBAGE AND RUBBISH FRANCHISE AGREEMENTS WITH WESTERN DISPOSAL COMPANY, INC. AND APPROVING NEW FRANCHISE AGREEMENTS WITH ARAKELIAN ENTERPRISES, INC. WHEREAS, since July 1, 1968, an Exclusive Franchise Agreement has existed between the City of Azusa and Western Disposal Company, Inc., for the collection and disposal of garbage and rubbish from all residences in this City; and WHEREAS,since July 1, 1980, a similar Exclusive Franchise Agreement has existed between the City of Azusa and Western Disposal Company, Inc. ("Western"), relating to the collection of garbage and rubbish from all commercial and industrial uses in this City; and WHEREREAS,both above -referenced franchise agreements with Western ("Franchise Agreements") provide conditions under which the respective franchises can be transferred and assigned; and WHERE.AS,the City has received a request from Bobken and Marion Hartunian, the sole shareholders of Western, requesting the City's approval of the assignment of the Franchise Agreements to Arakelian Enterprises, Inc. ("Arakelian"), a California corporation; and WHEREAS, the City staff has conducted such investigation of the proposed assignment as it deemed necessary and the City Council has determined that the proposed transferee is capable of performing the obligations of Western under its existing Franchise Agreements; that it.can provide the service to the customers in the City on a level equal to, or better than that previously provided by Western, and is capable of complying with all of the applicable laws and regulations concerning rubbish collection and disposal; and WHEREAS,Western and City desire to terminate the existing Franchise Agreements with Western and enter into a Termination and Release Agreement with Western on condition that City and Arakelian enter into new franchise agreements under which Arakelian shall perform obligations substantially similar to those performed by Western; and WHEREAS,City and Arakelian desire to enter into new franchise agreements; and WHEREAS, Arakelian has, through its subsidiary corporation, Athens Disposal Company, Inc., negotiated the following new franchise agreements with the City: (1) Franchise Agreement between the City of Azusa and Arakelian Enterprises, Inc. Concerning the Collection and Disposal of Residential Solid Waste and Recyclable Materials; and (2) Franchise Agreement between the City of Azusa and Arakelian Enterprises, Inc. Concerning the Collection and Disposal of Commercial and Industrial Solid Waste, attached hereto as Exhibit "A" and Exhibit "B,"respectively (the "New Franchise Agreements"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: 1. The City Council hereby approves both 1) the Franchise Agreement between the City of Azusa and Arakelian Enterprises, Inc. Concerning the Collection and Disposal of Residential Solid Waste and Recyclable Materials and 2) the Franchise Agreement between the City of Azusa and Arakelian Enterprises Concerning the Collection and Disposal of Commercial and Industrial Solid Waste, set forth in Exhibits "A" and "B," respectively, subject to such changes as are deemed acceptable to both the City Administrator and the City Attorney; provided, however, that such approval is conditioned upon the City and Western executing a Termination and Release Agreement approved by the City Administrator and City Attorney. The City Council authorizes and directs the City Administrator to execute the above referenced franchise agreements subject to such changes that the City Administrator and City Attorney deem necessary. 2. The City hereby directs the City Attorney to prepare a Termination and Release Agreement between the City and Western and authorizes and directs the City Administrator to execute said Termination and Release Agreement. 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 241jhday of aujMsr , 1995. I HEREBY CERTIFY that the foregoing Resolution No. 95-C91 was duly adopted by the City Council of Azusa, at a regular meeting thereof, held on the 24th day of July, 1995, by the following vote of the Council. AYES: COUNCIL MEMBERS: Hardison, Naranjo, Alexander NOES: COUNCIL MEMBERS: Beebe COUNCIL SRC48269 -2- Madrid 0 APPROVED AS TO FORM: I SRC48269 -3- C� SRC48379 0 RESOLUTION NO. 95-C90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THAT CERTAIN AGREEDIENT DATED JULY 19 1968, BETWEEN THE CITY OF AZUSA AND WESTERN DISPOSAL COMPANY, AS AMENDED, RELATING TO THE COLLECTION OF RESIDENTIAL GARBAGE AND RUBBISH WITHIN THE CITY OF AZUSA WHEREAS, the City is authorized to provide for the collection of garbage and rubbish within the City by exclusive agreement; and WHEREAS, on July 1, 1968, the City entered into an agreement with Western Disposal for the exclusive collection of all residential garbage and rubbish within the City of Azusa by Western Disposal Company; and WHEREAS,said agreement was amended on August 6,1971; July 1, 1974; October 4,1976; February 4,1980; July 11,1983; January 21,1985; July 7,1986; June 29,1987; June 14,1988; June 29,1989; January 15,1990; May 6,1991; June 15,1992; and July 5,1994; and WHERREAS,the City Council of the City of Azusa finds and determines that for the purpose of insuring continued protection and preservation of the public health, welfare and convenience of the people of the City, it is advisable to provide for the collection of residential garbage and rubbish within the City by the exclusive agreement with Western Disposal Company, as amended, and the amendment to said agreement proposed by this resolution; and WHEREAS, this action is statutorily exempt from the provisions of the California Environmental Quality Act pursuant to Public Resources Code Sections 21083, 21087 and Section 15273 of the CEQA Guidelines in that the City Council of the City of Azusa finds and determines that the revenue from the fees set by this resolution will be used for the purpose of meeting increased operating expenses for the service required by the increasing rates of the disposal contractor, and that the revenue from said fees will not be used to specifically fund Projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: 1. The City Council of the City of Azusa hereby approves the "Amendment to Agreement" amending the agreement between the City of Azusa and Western Disposal Company dated July 1, 1968, as amended, and authorize that the Mayor execute said amendment on behalf of the City in substantially the form attached hereto as Exhibit "A." 4 � • 0 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 24thday of July, 1995. MAYOR I HEREBY CERTIFY that the foregoing Resolution No. 95-C90 was duly adopted by the City Council of Azusa, at a regular meeting thereof, held on the 24th day of July, 1995, by the following vote of the Council. AYES: COUNCIL MEMBERS: Hardison, Naranjo, Beebe, Alexander NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Madrid 14'�ool"I-lv /Z/�. APPROVED AS TO FORM: C ty Attorney F SRC48379 -2- 1. Paragraph 13 of said Agreement, as amended, is hereby amended to read as follows: "13. PEvments. The City agrees to pay Contractor the sum of Nine Dollars and twenty-two cents ($9.22) per month, per dwelling unit, effective July 1, 1995, for the full term of this agreement, subject however to the adjustments hereinafter mentioned in this paragraph. The number of dwelling units shall be equal to the actual number of refuse collection units billed each month by City's utility billing computer system. Payment to Contractor shall be made at the end of each month for the full number of units billed by the City. The unit count shall be adjusted upward and downward on a monthly basis according to the actual billing registers of the Utility Department. The City shall pay the full amount of the amount due to the Contractor each month. It is agreed by the parties, for the purposes of this agreement only, that the amount of units as of May 31, 1995, is 13,078. The City and the Contractor may agree to a different unit count at any time, if so appropriate. If the parties cannot agree to a unit count, then an adjustment shall.be based on the actual count made at the equal expense of both parties." SRc48922 2. Except as amended in Paragraph 1 of this Amendment remainder of the agreement between the parties hereto dated July amendments thereto, shall remain in full force and effect. CITY OF AZUSA By: Stephen Alexander, Mayor APPROVED AS TO FORM: BEST, BEST & KRIEGER City Attorney WESTERN DISPOSAL CANY ByF.A Bbbken artunian, President SRC48379 to Agreement, the 1, 1968, and the v sti SRC48379 2. Except as amended in Paragraph 1 of this Amendment remainder of the agreement between the parties hereto dated July amendments thereto, shall remain in full force and effect. CITY OF AZUSA By: "I I Stephen Alexinder, Mayor APPROVED AS TO FORM: BEST, BEST ` & KRIEGER / 6 City Attorney WESTERN DISPOSAL COMPANY By: Bobken Harmian, President to Agreement, the 1, 1968, and the 0 0 RESOLUTION NO. 95-C89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING JOYCE ERVING TO THE ARCHITECTURAL BARRIERS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. JOYCE ERVING having been appointed to the Architectural Barriers Commission by the City Council, said appointment is hereby approved and JOYCE ERVING is appointed to the Architectural Barriers Commission for the term expiring June 30, 1999. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to JOYCE ERVING. ADOPTED AND APPROVED this 17th day of July, 1995. 1, 11 :Mu IN IN 7 11 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 17th day of July, 1995, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NONE NONE 0 0 WARRANT REGISTER#1 FISCAL YEAR 1995-96 WARRANTS DATED 07-06-95 RESOLUTION NO.9 5—C 8 8 COUNCIL MEETING OF 07-17-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID THE CITY COUNCIL OF THE CITY OF AZUSA does resolve as follows: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the respective Funds as hereinafter set forth: 101 General Fund 40,748.74 115 Transportation/Proposition A Fund 0.00 117 Transportation/Proposition C Fund 0.00 118 Community Development Block Grant Fund 0.00 119 Dwelling Tax Fund (Quimby Act) 0.00 121 Senior Nutrition Fund 32.00 125 Headstart Fund 0.00 127 Air Quality Improvement Fund 0.00 128 State Grants & Seizures 175.00 220 Capital Projects Fund 0.00 231 Consumer Services Fund 328.50 232 WaterFund 22,768.29 233 Light Fund 379.40 234 Sewer Fund 40.00 235 Azusa Valley Water Fund 95,415.16 241 Employee Benefits Fund 2,534.78 242 Self Insurance Fund 142,467.00 243 Central Services Fund 16,360.25 261 Special Deposits Fund 648,241.74 403 Azusa Public Financing Authority Capital Projects Fund 0.00 501 Redevelopment Administration Fund 140.00 Total 969,630.86 SECTION 2. That the City Clerk shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the City Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED this 17th day of July 1995. I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 17th day of July 1995 by the following vote of the Council: AYES: COUNCILMEMBERS:HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NOES/�: COUNCILMEMBERS: NONE ARRF- ' ! .QOUNCILMEMBERS: NONE WARRANTS#33118-33119 PRE -DATED WARRANTS#33469-33471 SPOILED DOCUMENTS WARRANTS#33472-33529 COMP WRITTEN FINANCE-FA310H TIME 11:49:50 CITY OF AZUSA PRELIMINARY HANDWRITE CHECK REGISTER FOR 07/12/9S PAGE 0001 DATE 07/12/95 �] 1* PAY VENDOR NAME VND 6 ACCOUNT NUMBER TRN 6 AMOUNT INV/REF DATE POf CHK 0 DESCRIPTION PROJ 0 ACCOUNT DESCRIPTION AMOUNT UNENC H AZUSA CITY FED CREDIT UNION 01305 261-205-0000-3035 00672 $49,491.64 07/06/95 33119 . CREDIT UNION-PR014/-95 — cREDlX-UN"N-PAYABLE so -00 ---it era VENDOR TOTAL sasarrssrrrrssarrarrssrrrssssarasss gssssrsasarsrssssrgsatarasrsss $49,491.64 '�9°, H CITY OF AZUSA PAYROLL ACCOUNT 00355 261-205-0000-2760 00830 $365,749.06 07/05/95 33118"I NET PAYROLL Cl - .-- WAGES-6-SALARIES-PAYABL *0_00 _— H CITY OF AZUSA PAYROLL ACCOUNT 00355 261-205-0000-2760 00831 02,202.66 07/05/95 33118 I;; i^ • NET PAYROLL AR."D" - - .----.- .WAGES-6-SALARIES-PAYABI $0.00--- H CITY OF AZUSA PAYROLL ACCOUNT 00355 261-205-0000-3001 00760 $345.16 07/05/95 33118 FED TX PR61 4/95 TAXES_P_BL/_ULTHHELD/_FED $0.00_—. ___H ---- HCITY OF AZUSA PAYROLL ACCOUNT 00355 261-205-0000-3001 00761 $78,389.95 07/05/95 33118 FED TX PR$14/95 - - - -__ ______ _ __ __ oETAXES_PBL/WI-THHELD/FED------- - $0.00 H CITY OF AZUSA PAYROLL ACCOUNT 00355 261-205-0000-3003 01013 $82.68 07/05/95 33118 FICA TX PR614/95 -----_ ES_PAYABLE/FICA !0.00-----___-__-1'� H CITY OF AZUSA PAYROLL ACCOUNT 00355 261-205-0000-3003 01014 1353.52 07/05/95 33116 SOC SEC TX PR$14/95--_-.___—_ ---/-TAXES-PAYABLE/FICA-- $0.00 _ H CITY OF AZUSA PAYROLL ACCOUNT 00355 261-205-0000-3003 01015 $10,078.70 07/05/95 33118 ••! FICA TX PR614/95-----'TAXES-PAYABLE/F_1CA _-$0.00. __ _ _ ._ esa VENDOR TOTAL rrsessaraaarrssastsaaaraarsasrssssssartsssaaaaasassraa sasraasssssrsr $457,201.73 i^^, oar PAY CODE TOTAL tasrrrarar q rssaaasrarssrrsagaap assssssaasarq stsaaaasarsrr■sssa $506,693.37 "i sir TOTAL WARRANTS rasaarraasrsssrsssasessssaasaas•ssrrsssaaa gssssssrrssarararssssr• 6506,693.37 -- - $0.00- L_I 1*