Carson Fails to Act on Brown Act Complaint

The Carson City Council took no action Tuesday on a formal complaint by the nation’s second largest trash collection company, which alleged that the city violated the state’s Brown Act by failing to give proper notice before the council approved a contract with a competitor.

The complaint filed with the city by Browning-Ferris Industries concerns a June 5 council vote giving Western Waste Industries an exclusive franchise to haul all commercial and industrial waste. In exchange, Western Waste Industries is to provide free recycling throughout the city.

City officials estimate that the franchise to collect commercial and industrial waste is worth about $5 million a year in gross revenues. The firm has had an exclusive franchise to collect Carson’s residential trash since 1983.

Henry E. (Chip) Scholz, director of community affairs for Browning-Ferris Industries, came before the council Tuesday to complain that officials had acted unfairly in awarding Western Waste the commercial and industrial franchise without seeking bids and without notifying competitors.

“You bet it’s sour grapes,” he said. “Give me a level playing field and we’ll take anyone on head-on. It seems that there is a sweetheart contract with Western Waste.”

Scholz said that BFI had filed its complaint to allow officials to take back the vote without being forced to by a judicial ruling.

After the meeting, Scholz said, “We are most likely going to pursue it in court. We want to see the city open it back up again.”

But he acknowledged that the council could legally rescind the vote, notify the public and then vote again for Western Waste without bids.

In Carson, competitive bidding is not required for service contracts, such as insurance for city employees, or for legal advice to the city and trash collection.

The BFI complaint, filed July 3, states that the Brown Act, which regulates procedures concerning open meetings and public notice, had been violated because the agenda item did not specify that it concerned an exclusive franchise covering commercial and industrial waste. On the June 5 agenda, the item dealing with trash collection was identified as only as “Residential Recycling Program.”

At the meeting Tuesday, the council did not respond to Scholz’s oral request that the franchise vote be withdrawn.

However, Councilwoman Sylvia Muise refused to join a council subcommittee to work out contract details with Western Waste after City Atty. Glenn Watson failed to satisfy her doubts that the city had followed the Brown Act.

“Something funny was taking place,” said Muise, who had abstained on June 5. “I wish I had voted no. I now question the legitimacy of the item.”

Also abstaining was Mayor Vera Robles DeWitt. Voting for Western Waste were Michael Mitoma, Juanita McDonald and Kay Calas.

Watson attempted to answer the legitimacy issue raised by Muise. He said the council could rescind its previous action and start over, adding that any defect in following the Brown Act would be cured when the matter was discussed in public hearings.

But after questioning by Muise, Watson agreed with her point that a public hearing would only deal with details of the agreement between the city and Western Waste.

In other action at the meeting, the council gave Western Waste a 55-cents-a-month rate increase for its twice weekly residential garbage collection. Western, which said the increase represented the cost of inflation, had sought an additional 91 cents a month to compensate for increased landfill charges.

The new rate will be $12.45 a month.