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HomeMy Public PortalAbout2015.187 (10-20-15)RESOLUTION NO. 2015.187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, RECEIVING THE CITY MANAGER'S DENIAL OF THE RATE ADJUSTMENT TO SOLID WASTE HAULING FEES WHEREAS, the City received a request for proposed solid waste rate increases from the City's waste hauler Waste Resources, Inc. ( "WRI "); and WHEREAS, solid waste fees have not yet been adjusted under the Agreement with WRI, effective as of November 1, 2013; and WHEREAS, the proposed rate increases have been evaluated and comply with the requirements of Article XIII D, Section 6(b), (Proposition 218) of the California Constitution; and WHEREAS, after a duly noticed public hearing on October 20, 2015 and upon validation by the City Clerk that a majority protest does not exist to the proposed solid waste fees increases; and WHEREAS, pursuant to Section 24.5.2 of the Agreement between the City and WRI ( "Compliance with Agreement "), no increase to the maximum rates shall occur if the City Manager determines that Contractor did not fully comply with all terms of the Agreement in the Rate Year preceding the increase including without limitation provisions thereof relating to reporting diversion and Customer service standards; and WHEREAS, the City Manager has determined that WRI is not in substantial compliance with the Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY RESOLVES AS FOLLOWS: Section 1. By approval of this Resolution, the City Council of the City of Lynwood hereby receives the City Manager's denial of the attached "MAXIMUM PROPOSED RATE SCHEDULE FOR SOLID WASTE HANDLING SERVICE, EFFECTIVE NOVEMBER 1, 2015." Section 2. By this action, the City Council confers authorization to the Mayor to execute any form, in a form approved by the City Attorney, for implementation of this Resolution. Section 3. That the City Clerk shall certify to the adoption of this Resolution and the same shall be in full force and effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 20th day of October 2015. ATTEST: e— Maria Quinonez City Clerk APPROVED AS TO FO Ni: David A. Garcia City Attorney 2 APPROVED AS TO CONTENT: J. Arnoldo Beltran City Manager STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 20th day of October, 2015. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS AND SOLACHE NOES: NONE ABSENT: NONE ABSTAIN: NONE r STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) CASTRO, HERNANDEZ, I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2015.187 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of October, 2015. e— Maria Quinonez, Citf Clerk