1995 MIN APR 04 - Laserfiche WebLink

Browse Search

select a firm, at his discretion, without bias to the City or haulers. Director Hutton requested that the present haulers meet responsibilities under state law AB939 and that they pay the $10,000 a day fine if necessary. City Attorney Biggs stated that there was a call for the question and Council needed to vote. Mayor Fulp asked if there was a chance to debate and Further, he asked if the Council can vote on a resolution not agendized and presented under an information item. City Attorney Biggs advised that the agenda title is broad and does encompass the subject plan. Mayor Fulp said that under the same broad scope, there was a need for public comment segment and City Attorney Biggs said that this could not take place as the question was called for. Mayor Fulp said there was a motion to call for the question and end debate. Motion failed with Councilmembers Hutton, Sandoval and Cook voting "Yes." Mayor Fulp declared that debate may continue on Resolution R-31-95. The following persons spoke on behalf of BFI, citing good service, clean bins and low rates: Alexander Taylor, Elva J. Brown, Bernice Adams, Elva Brown, Linda Wallace, Richard Chilton, Pam Silva and Ron Sparks. CLOSED SESSION: As a result of discussion subsequent to Mr. Chilton's oral presentation, there was a question posed of the City Attorney regarding the rates presently charged by the present private haulers. City Attorney Biggs stated there was a letter in her possession which could not be discussed as it contained a reference to litigation and could only be discussed in closed session under the provisions of Government Code Section 54956.9(b), presently set at the end of tonight's agenda. At 9:15 P. M., with the consensus of Council, Mayor Fulp ended discussion to allow Council to proceed with the above-mentioned Closed Session item. At 9:35 P. M., meeting is reconvened with all Members present as heretofore. City Attorney Biggs announced that the City Council has arrived at the following three proposals: (1) Adopt Resolution R-31-95 and freeze refuse rates; (2) Conduct management audit during the 6 - month freeze period, as to the best way to proceed and (3) Authorize interim business license allowing BFI to continue trash hauling, from month to month, for a total of six months. As primary maker of the motion, Councilmember Sandoval said he 11 AGR n A ,nnr