1997 AGN MAY 06 I20 - Laserfiche WebLink

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aa . . . . . . . . .. . . . ..... i ._.__ ..... AGENDA REPORT CITY OF COLTON For City Council Meeting of May 6, I997 May 6, 1997 TO: MAYOR GAYTAN, CITY COUNCIL AND CITY MANAGER FROM: Julie �Iayward Biggs, City Atto e SUBJECT: Amendment of Taormina Franchise Agreement Discussion of amendment of the Taormina Franchise Agreement has incorrectly been placed on the Closed Session Agenda for the meeting of May 6, 1997. Because this is a City contract, there is no pravision under the Ra1ph M. Brown Act that permits discussion or approval of amendment of any particular term in closed session. After discussion with the City 1Vlanager, it has been agreed that this matter will come before the City Council in open session so as not to violate `the provisions of the Brown Act. Accordingly, the staff report that was previously prepared for this maiter is attached for your review. You should be aware that until this morning, it was my understanding that only the provision relating to extension of the time limit for aequiring land for the MRF was to be amended. In the absence of a staff report itemizing the changes that were made to the Agreement, I was puzzled by inclusion of what I believed was simply a full copy of the curnent Agreement in the Agenda packet. After reading this morning's article in the Sun newspaper, however, I did a cursory review of that document. I was surprised to find that in addition to the textual change necessary to permit extension of the time for acquisition of property for the MRF there are numerous other changes to the Taormina Agreement that have apparently been negotiated with City staff. As this is a major contract of the City, it is irnperative fhat there be legal review prior to approval. To date, this office has not been consulted on this matter, nor to the best of my knowledge has outside counsel been asked to review the changes or to advise regarding the legal consequences involved. The contraet that has been delivered to the City Council is not highlighted to show the changes that have been made. I have attached a copy of the table of contents indicating the many changes in titles that have been made there. In addition, pervasive textual changes have been made in some provisions where the title has not changed. It would seem imperative that this office, and the Council itself, be provided with a highlighted copy of the proposed changes before any consideration of this matter moves forward. This office strongly urges the City Council to direct that the proposed revision to the Taormina contract be referred to legal counsel for review. I would suggest that the changes be sent to Ms. Constance Hornig, who initially drafted the Agreement, and that no action be taken until such time as Ms. Hornig has reviewed and commented to this office on the legal significance of the changes that are proposed. At that time, a recommendation may be made to the City Council as ta the appropriate action that shouid be taken. � , � �-_ _ ,_