1998 MIN AUG 18 - Laserfiche WebLink

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RDA CLOSED SESSION (Continued) Agency Counsel Carvalho reported that the Agency did meet in Closed Session and on all of the RDA matters previously announced; there was no reportable action. She stated that Council discussed only one item of potential litigation and the other item was pulled. MOTION/VOTE: Motion/second.by CM Hutton/Mayor Gaytan to advance Item 15 carried with no objection. ITEM 15 - JACK'S DISPOSAL EXTENSION OF PERMIT After acknowledging the request from Jack's Disposal for extension of its Permit for collection, removal, recycling and disposal of solid waste within the City of Colton, City Manager Garcia presented a comprehensive report on the terms and conditions of the Taormina contract, the issue of exclusivity, the procurement process intent, professional consultant and legal opinion, cost benefits analysis, liability exposure, possible litigation and 'impact to the General Fund. A handout of the presentation was made available to the public. Staff recommended that the City reaffirm its position, supported by written legal advice, to terminate Jack's Permit effective June 30, 2000. Further, Staff recommended that the City Council direct the City Manager and the City Attorney to take all necessary steps and actions to f T terminate the terms of Jack's Permit so that the effective date of termination is no later than June 30, 2000. CM Bennett informed that Redlands Ford, her husband's place of employment, was purchased by a subsidiary of Republic Industries, which might be affiliated with Taormina Industries, and in order to avoid the appearance of a conflict, she stated she would not be voting on this issue, tonight. City Attorney Carvalho said the matter was brought to her attention. She said there was an entity called Republic Services, which is the parent company for Taormina Industries and there was another corporate entity, known as Republic Industries, now the owner of Redlands Ford. She stated that, until the matter was clarified, it was determined that the Councilmember should excuse herself, however, this would not preclude her from voting on any future matters, if it was determined that she did, not have a conflict. Councilmember Bennett removed herself from the dais. The following persons vouched for Jack's Disposal: Armen Mount, Michelle Hollingsworth, Joe Avakian by Attorney Mary Lou Byrne, Charlie Grantham, Donna Hurley, Bruce Gaytan, and Steve Anderson. Petitions were submitted. Chris Gallegos commended the City Manager's presentation and supported the recommendation. MOTION/VOTE After brief comment, motion was made by CM Hutton, seconded by CM Grimsby, to approve the request from Jack's Disposal, to extend the Permit to the year 2006, and Council Mins August 18, 1998 2