1997 AGN SPC MAY 19 - Laserfiche WebLink

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AGENDA REPORT Office of the City Attorney Special City Council Meeting - May 19, 1997 To: Mayor Gaytan, Members of the City Coun il, City Manager From: Julie Hayward Biggs, City Attor Subject: Proposed Amendments to the Taormina Refuse Hauling Franchise Agreement Background At the last City Council meeting, it was clear that more than a simple revision to the existing franchise agreement with Taormina Industries, Inc. (the "Agreement") was being proposed to the City Council without prior review by this office or, apparently, by any attorney representing the City. In addition, the absence of a staff report detailing the proposed changes and the absence of any markings on the clean draft that had been sent to members of the City Council left the Council unable to intelligently review the proposed changes. Accordingly, the matter was held over to the special meeting of May 19, 1997. Staff was directed to deliver "redlined" copies of the proposed amendment to the Agreement to all members of the City Council, the City Attorney, and to Constance Hornig, the attorney who had represented the City in the original competitive procurement for the Agreement. Some concern was expressed that Ms. Hornig, who is an expert in the area of refuse hauling contracts had not been contacted prior to the Council meeting for comment. The Assistant City Manager indicated that in fact she had been so contacted and that his office was in receipt of her comments on the proposed amendment. The suggestion was quite clear that Ms. Hornig's comments had been considered carefully in preparing the amendment that was -presented to the City Council for action. Nevertheless, it was agreed that Ms. Hornig would be contacted again by the City Attorney on this matter to assure that all legal issues were properly addressed prior to action by the City Council. In furtherance of the direction of the City Council, I contacted Ms. Hornig on Saturday, May 10, 1997 at her home. I had previously spoken with Ms. Hornig on May 6, 1997, when it first came to my attention that extensive revisions, many of which appeared to be contrary to the best interests of the City, were included in the proposed amendment. In my first conversation with Ms. Hornig, she did not indicate that she had