File #: 2018-236    Version: 1 Name:
Type: Discussion Status: Agenda Ready
File created: 3/29/2018 In control: City Council
On agenda: 4/3/2018 Final action:
Title: CONSIDER ADOPTING A RESOLUTION AUTHORIZING AND COMMANDING THE ISSUANCE OF A SUBPOENA, TO BE ISSUED BY THE CITY CLERK, DIRECTED TO USA WASTE OF CALIFORNIA, INC., COMPELLING THE PRODUCTION OF DOCUMENTS AND OTHER INFORMATION TO THE CITY WHICH ARE NECESSARY FOR THE ORDERLY TRANSITION OF COMMERCIAL AND RESIDENTIAL SOLID WASTE AND RECYCLABLE SERVICES AND AUTHORIZE THE MAYOR TO EXECUTE THE SAME
Attachments: 1. (USA WASTE) Resolution to Authorize Council's Subpoena Power RE Transfer Information, 2. (USA WASTE) Legislative Subpoena RE Transfer Information, 3. File Summary
Report to Mayor and City Council
Tuesday, April 03, 2018
Discussion


SUBJECT:
Title
CONSIDER ADOPTING A RESOLUTION AUTHORIZING AND COMMANDING THE ISSUANCE OF A SUBPOENA, TO BE ISSUED BY THE CITY CLERK, DIRECTED TO USA WASTE OF CALIFORNIA, INC., COMPELLING THE PRODUCTION OF DOCUMENTS AND OTHER INFORMATION TO THE CITY WHICH ARE NECESSARY FOR THE ORDERLY TRANSITION OF COMMERCIAL AND RESIDENTIAL SOLID WASTE AND RECYCLABLE SERVICES AND AUTHORIZE THE MAYOR TO EXECUTE THE SAME

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I. SUMMARY

USA Waste of California, Inc. ("Waste") has refused to provide to the City vital documents, records, and other information required to assure the orderly transition of commercial and residential solid waste and recyclable services from Waste to Waste Resources, Inc. ("WRI").
Accordingly, staff and the Office of the City Attorney request that the City of Carson exercise its subpoena powers, as granted by the Government Code, to compel production of this vitally needed information.

II. RECOMMENDATION
Recommendation

TAKE the following ACTION:
WAIVE further reading and ADOPT Resolution No. 18-046, "A RESOLUTION OF THE COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING AND DIRECTING THE ISSUANCE OF SUBPOENAS COMPELLING THE PRODUCTION OF DOCUMENTS AND OTHER INFORMATION FROM USA WASTE OF CALIFORNIA, INC. AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME."


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III. ALTERNATIVES

1. TAKE no action of this item.
2. TAKE such other action as the City Council deems appropriate consistent with the requirements of law.

IV. BACKGROUND

A. General
As the Council is aware, the City issued its "Request for Proposals for Integrated Solid Waste Management Services (RFP P171-19)" on July 20, 2017 ("RFP"). The City received multiple proposals from competing waste haulers in response to the RFP and, ultimately, the City awarded an exclusive commercial and residential franchise to WRI.
The City and Waste currently have in place two franchise agreements: (1) Waste Management ...

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