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