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HomeMy WebLinkAboutMAY 11,1974 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK I PLEDGE OF ALLEGIANCE ROLL CALL REFUSE COLLECTION F G jV I . 20:8549 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED REGULAR MEETING MAY 11, 1974 The City Council of the City of Arcadia, California met in an adjourned regular meeting at 9 a.m. May 11, 1974 in the Council Chambers of the Arcadia City Hall. Mayor Alton E. Scott PRESENT: ABSENT : Councilmen Gilb, Helms, Lauber, Saelid, Scott None The City Manager advised on the situation concerning rubbish collection as it exists at this date and time, He recalled that the City Refuse Company was notified on April 29, 1974 that it had 10 days from that date to renew or replace its Faithful Performance Bond; that notice had been received of cancellation of the liability insurance. These requirements have not been met and pursuant to Section 12 of the Agreement with said Company and the City this constitutes a breach of contract. He recommended cancellation of the contract at this time and that Council enter into an agreement on a temporary basis with another company to prevent the service from further deterioration. He explained that collections are now two days behind schedule; that not a truck is rolling at this time and that an emergency situation exists. It was MOVED by Councilwoman Lauber,.seconded by Councilman Saelid and carried on roll call vote as follows that this City Council finds that the Faithful Performance Bond has not been maintained and the ten day notice to reinstate the bond has expired. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None It was then MOVED by Councilman Helms, seconded by Councilwoman Lauber and carried on roll call vote as follows that pursuant to Section 12 of the contract, the City Council hereby cancels said contract and directs the City Manager to so notify the contractor and the principals on the contract. AYES, NOES : ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None It was MOVED by Councilman Gilb, seconded by Councilwoman Lauber and carried on roll call vote as follows that because there is no contract for refuse collection in the residential areas of the City that an emergency situation exists Which creates a danger to the public health, welfare and safety of the citizens. AYES: NOES: ABSENT: Councilmen Gilb, Helms, Lauber, Saelid, Scott None None - 1 - 5-11-74 20:8550 The City Manager advised the,e are three companies ready and capable ta maved promptly ta canect the situation - Best Dispasal Campany af Man- ravia - Otting Brathers af Temple City.. Athens Dispasal Campany af Alhambra. He recammended retaining Best Dispasal Campany an an emergency basiso They would operace under the same conditions} at the same rates, as the City Refuse Company and wauld alsa dOl the billi.ng during the periad af emergency, 1he campany carries ten mi.lI.ian dallars insurance and the City wauld be named an additianal insured within the haur if Cauncil sa decides ta retain this campany" Be it nated that Kenneth Narman, City Refuse Campany, arrived at 9:11 a,m. It was MOVED by Cauncilman Gilb, secanded by Cauncilwaman Lauber that Cauncil accept the recammendatian of the City Manager and that. t:he City retain the Best Disposal Campany ta pick up refuse wit:hin the residential areas af the City far a period af 90 days under the same terms and canditia af the previaus cantractar; that praperty damage and public. Habili ty in- surance be filed immediat:ely a!:'ld that t:he City be named an addi tianal insured, A Faithful Performance Band is ta be filed immediately. An agreement is ta be prepared satisfact:aty ca the City Attorney and executed by Best Dispasal Campany and the Mayar of the City. Ralph Tharsen, President and principal stackhalder af the Best Dispasal Campany, stated in part that he underst:aod the prapased arrangement; that he has adequate equipment t.a maintain his present respansibilities and thase of this City during r:he emergency and that he cauld have all remain- ing rubbish aff the str'ee.t's by 6 p.w. this date. RaIL call was then taken an the. matian to retain Best Dispasal Campany. AYES: NOES: ABSENT: Cauncilmen Gilb, Helms, Lauber, Saelid, Scatt Nane Nane Council expressed cancern and the w,ish that the residents be notified af this changeaver at the earliest passible' time and it was MOVED by Cauncilwaman Lauber, secanded by Cauncilman Gilb and carried an raIL call vate as fallaws that. the City Manager be and he is hereby directed to natify all resi.dents by wha.t.ever me..ns he deems apprapriate thar. Best Dispasal Campany has been ret.ained far residential callect.ian far the next 90 days a.nd that effective immediat.ely all payments far service after this date shauld be made ta said campany. $1500 was appropriated fa, this purpase - General Cantingency Accaunt. AYES: NOES: ABSENT: Cauncilment Gilb, Helms, Lauber, Saelid, Scatt Nane Nane Discussion ensued about containers, equipmentt etc~ Staff will endeavor to keep infarmed an this and if any problems accur t.he City Attarney will be sa advised, I Kenneth Narman, awner and aperatar af City Refuse SerITice Campany, stated in part r.har: he was unaware af this meeting and had nat been natified - that he learned it fram Ralph Tharsen wha visited him at his hame last evening; t.hat. due ta his illness he had nat been able ta attend all meetings but had sent his general manager, Larry Callins. He referred ta a resalutian (Na, 4381) which related ta his request for an increase in rates and scheduled a public hearing an same far Navember 6, 1973. He said at. t~iat time he borrowed more money to put into the company 0 However, the public hearing was never held. He felt that. 10 days was a very short time for him to obtain new insurance; that he could perform within a reasanable length of time and t.hat he was nat adverse ta the arrangement entered into by Cauncil at t.his meeting, - 2 - 5-11-74 20:8551 It was noted that the City, the new contractor and the residents are faced with a very critical financial situation - the collection of the accounts for instance and it was suggested that the two contractors in- volved cooperate in this regard. Discussion was held on the containers and Mr. Norman advised they are on. lease to him. I Mayor Scott, on behalf of Council, thanked Mr. Norman for the good service received during the years and stated in part that Council had given a lot of time and thought to this matter and has been very con- cerned about the action taken this morning in order to protect the interests of the residents. It was taken to remedy an unfortunate situ- ation and there is no recourse to the action on the part of Council. That Mr. Norman may find that he wants a recourse. Mr. Norman said he would and reiterated that he did not know of .this meeting. The City Attorney then explored the action -- that the 10 day period was when a breach of contract occurred such as the cancellation of the Faithful Performance Bond - that was on April 29 - and there was no curing of that defect during the ten day period and therefore the contract provides that it may be cancelled forthwith by the Council, At this time Ralph Thorsen presented binders indicating the City as an additional insured on his insurance, At 9:50 a,m. the meeting adjourned to a budget session in the Conference Room. ~~~:/7r Mayor ATTEST: ~~drk~ /?f~~ City Clerk I - 3 - 5-11-74