1997 ADJ MIN MAY 19 - Laserfiche WebLink

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Counsel in Closed Session, carried unanimously. -- Attorney Mark Ostoich said he represented Burrtec Waste Industries, a participant in the recent RFP process which resulted in the subject agreement. He voiced objections, to be submitted in writing, that the matter be handled administratively, or to circumvent the process in any way, as it would be inappropriate and unfair to renegotiate material provisions of the original contract while not going through the RFP process. Ms. Ann Coleman, a Colton resident, found recent newspaper articles disturbing and if true, she felt the City had a problem. When a contract is revised or amended, it always benefits someone and, she said, this would not benefit the City. She urged Council to investigate and use due diligence in this matter. She believed there was something very wrong when City Attorney Biggs was bypassed in this matter. CLOSED SESSION: Councilmember Chastain took a moment of personal privilege to state for the record that she had received a call identifying a closed session item and suggesting that she vote a certain way or she would face recall. She said she refused to be threatened and intimidated. She vowed to vote according to her convictions. In light of the discussion anticipated, motion by CM Sandoval, seconded by CM Bennett, to add the Assistant City Manager to Item B, carried with Mayor Gaytan voting "No." City Attorney Biggs announced the City Council would meet in Closed Session, pursuant to Government Code Section 54956.9(b), to Confer with its Legal Counsel regarding the following matter of Pending Litigation: City of Colton V. Steward. City Attorney Biggs announced that an action had been filed that included her, personally, and she would be recusing herself from this discussion. The City would be represented by Attorney Charles Green. City Attorney Biggs announced the City Council would meet in Closed Session, pursuant to Government Code Section 54957, regarding the following Personnel Matters: Performance Evaluation: City Manager Performance Evaluation: City Attorney Public Employment Assistant City Manager City Attorney Biggs stated that she did not know if there would be any reportable action. At 4:59 P. M., Mayor Gaytan declared a recess to meet in closed session. At 9:37 p.m. the meeting was reconvened with all members present as heretofore. City Attorney Biggs stated that City Council had met in Closed Session, pursuant to City Council Minutes May 19,1997 Page 2