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City of
Arcadia NOTICE OF SPECIAL MEETING
Office of the As authorized by Arcadia City Charter Section 409 and California
City Council Government Code Section 54956 a Special Meeting of the Arcadia City
Council is hereby called. Said meeting shall be held at the Arcadia City
Council Chambers at 240 W. Huntington Drive, Arcadia, California at 5:00
Domu A L p.m. on August 22,1995.
aje ii
MOW The purpose of this meeting is to discuss the Downtown 2000
»ten Katia Streetscape Project and the City's contract with the Sully- Miller Contracting
MO„ paa,,,r,,, Company for work to be performed thereon. The City Council will also
discuss adoption of a resolution declaring that delays on the Project
Dr. shcn Chang constitute an urgent threat to the public health, safety, and welfare of the
FW1H.wre citizens, suspending the City's contract with the Sully- Miller Contracting
Mary B.%ung Company, permitting other parties to perform work on the Project for the
caardUMAW" purposes of alleviating the emergency and, pursuant to Section 1212 of the
Arcadia City Council, to authorize the letting of contracts with such other
parties without advertising for bids.
No other business shall be considered at this meeting.
Dated: August ,. 1995
ayor ProTempore
City of Arcadia
APPROVED AS TO FORM:
Michael J. arg
Acting Ci A mey
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*A G E N D A
Arcadia City Council
and
0 RPORet60 Redevelopment Agency
Meeting
August 22, 1995
5:00 P.M.
City Council Chambers
ROLL CALL: COUNCIL MEMBERS CHANG, KUHN, ULRICH,
YOUNG, AND LOJESKI
1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL (FIVE- MINUTE TIME LIMIT PER PERSON)
2. RESOLUTION NO. 5877 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, DECLARING THAT DELAYS IN THE
CONSTRUCTION OF THE CITY OF ARCADIA DOWNTOWN 2000 STEET-
SCAPE PROJECT CONSTITUTE AN URGENT THREAT TO THE PUBLIC
HEALTH, SAFETY, AND WELFARE, SUSPENDING THE WORK TO BE
PERFORMED PURSUANT TO THE CONTRACT BETWEEN THE CITY AND
THE SULLY - MILLER CONTRACTING COMPANY, AUTHORIZING STAFF TO
CONTRACT WITH OTHER QUALIFIED PARTIES TO PERFORM SUCH WORK
AS IS NECESSARY TO ALLEVIATE THE THREAT, AND AUTHORIZING THE
LETTING OF CONTRACTS WITHOUT ADVERTISING FOR BIDS.
ADJOURN TO SEPTEMBER 5, 1995 @ 7:00 P.M.
1�oav� w �t�-J
STAFF REPORT
OFFICE OF THE CITY MANAGER
-Aua 21 1995
cISCA at w
DATE: AUGUST 22, 1995
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: WILLIAM R. KELLY, CITY MANAGER►� '11
SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION NO. 5877
DECLARING THAT DELAYS IN THE CONSTRUCTION OF THE
CITY OF ARCADIA DOWNTOWN 2000 STREETSCAPE
PROJECT CONSTITUTE AN URGENT THREAT TO THE PUBLIC
HEALTH, SAFETY AND WELFARE, SUSPENDING THE WORK
TO BE PERFORMED PURSUANT TO THE CONTRACT
BETWEEN THE CITY AND THE SULLY-MILLER CONTRACTING
COMPANY, AUTHORIZING STAFF TO CONTRACT WITH
OTHER QUALIFIED PARTIES TO PERFORM SUCH WORK AS
IS NECESSARY TO ALLEVIATE THE THREAT, AND TO
AUTHORIZE THE LETTING OF CONTRACTS WITHOUT
ADVERTISING FOR BIDS
SUMMARY
This report recommends that the City Council approve Resolution No. 5877 which
declares a public emergency, approves the suspension of the City's contract with the
Sully-Miller Contracting Company (relative to the Downtown 2000 Streetscape Project)
and authorizes City staff to contract with other qualified parties to complete such work
as is necessary to alleviate a threat to the public's health, safety and welfare.
DISCUSSION
Consistent with the City Charter, the Mayor Pro Tem has called a special meeting of
the City Council for August 22, 1995 to discuss the lack of work being done on the
Downtown 2000 Streetscape Project by The Sully-Miller Contracting Company due to
a work stoppage called against them by the Operating Engineer's Union.
Currently, Sully-Miller has commenced construction on the Project and has, as part of
the job to date, severed all flood-protection devices in downtown Arcadia, including the
removal of such integral devices as curb, gutter, sidewalk, pavement, building roof
LASER IMAGED
Mayor and Members of the City Council
August 22, 1995
Page 2
drains and other improvements to the storm drain system such as catch basins and
junction boxes. If the referenced work is not completed prior to the rainy season, and
remains in its current incomplete condition, an emergency situation will result, affecting
the public health, safety and welfare.
Sully-Miller is unable to inform the City of when the work stoppage will be over and
when they will be able to re-commence work on the project. Accordingly, Sully-Miller
cannot confirm that this work will be completed by the beginning of the rainy season
(mid-October), thus causing a threat to the public's welfare. The City's Consulting
Engineer, Gary Baker of ASL Consulting Engineers, has informed the City by letter of
August 18, 1995 of the urgency of the situation. Therefore, staff is recommending that
the City Council declare a public emergency, suspend the work to be performed by the
Sully-Miller Contracting Company, and authorize staff to contract with other parties to
complete the work on the Downtown 2000 Project that is necessary to alleviate the
threat to the public's safety. In addition, pursuant to Section 1212 of the City Charter,
staff is asking that the formal bid process be waived due to the urgent and immediate
necessity for this work to be performed.
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 5877 declaring that
delays in the construction of the City of Arcadia Downtown 2000 Streetscape Project •
constitute an urgent threat to the public health, safety and welfare, suspending the work
to be performed pursuant to the contract between the City and the Sully-Miller
Contracting Company, authorizing staff to contract with other qualified parties to
perform such work as is necessary to alleviate the threat, and to authorize the letting
of contracts without advertising for bids.
Further, the City Council should authorize the City Manager, or his designee, to execute
the appropriate contracts, subject to approval as to form by the City Attorney.
)
Mayor and Members of the City Council
August 22, 1995
Page 3
Attachments:
1) Letter dated August 15, 1995 to James C. Keown, Sully-Miller Contracting
Company from Rick Gomez, City of Arcadia
2) Letter dated August 16, 1995 to Rick Gomez, City of Arcadia from James
Keown, Sully-Miller Contracting Company
• 3) Notice of Special Meeting dated August 17, 1995, signed by the Mayor
Pro Tern
4) Letter dated August 17, 1995 to James C. Keown, Sully-Miller Contracting
Company, from the City of Arcadia's Acting City Attorney, Michael J.
Karger
5) Letter dated August 18, 1995 to Rick Gomez, City of Arcadia from Gary
Baker, ASL Consulting Engineers
6) Resolution No., 5877
7) Agenda for the Special Meeting
8) Open Letter To Downtown Merchants (Hand delivered to downtown
merchants on August 17, 1995.)
t a4
ARC4.17
A.DIA
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August 15, 1995
City of
Arcadia Mr. James G. Keown
Vice President - Operations
Development Sully-Miller Contracting Company,
1100 E. Orangethorpe Avenue, Ste. 200
Services Anaheim, California 92801
Department
Re: Downtown 2000 Streetscape Project
Job Nos. 582, 646 and 550
Rick Gomez
Deprty Cit•..lr.nage-" Dear Mr. Keown:
Development Services Director
As you are aware, we have recently had several communications with your
office regarding the status of the above-referenced projects. From the outset,
we want you to know that the City of Arcadia has been very concerned about
the overall lack of progress that you have been making on this project,
especially during the recent labor dispute. Our immediate concern is based
primarily upon the issues of public safety, traffic, protection of work\already in
progress and the upcoming rainy season.
•
In this regard, and as I'm sure you are aware, the construction on Huntington
Drive has severed all flood-protection devices in downtown Arcadia. Huntington
Drive street improvements, including but not limited to curb, gutter, pavement,
street lights, traffic signals, runoff piped from building roofs, and adjacent
improvements to the storm drain system (i.e. catch basins, lateral, junction
boxes). Indeed, one of the very purposes of the project in question was to
improve the drainage situation in the downtown area.
The rainy season commences in Southern California in mid-October.
Accordingly, we wish to notify Sully-Miller of the numerous safety and health-
related problems and the emergency situations which may occur in the event
these projects remain in their current and incomplete condition. The City of
Arcadia owes a legal and statutory obligation to its citizens and merchants, as
well as to members of the general public, to immediately address these issues.
In an effort to comply with its statutory obligation to protect public health and
safety, and to prevent significant property damage from flooding and continued
damage to public streets and roadways due to uncompacted landfill, the City of
Arcadia is hereby directing Sully-Miller Contracting Company to immediately
perform all work necessary to complete the storm drain improvements within
Huntington Drive and First Avenue, including all required street improvements,
curb and gutters on the north side of Huntington Drive, and between the Arcadia -
240W Huncngton Dnce Wash and Fifth Avenue.
^ox Ofricc Box 60021
Arcadia.CA 91066-6021
318) 574-5414
■9191 447.3309 Fax ATTACHMENT 1
Keown Letter
Page Two
August 15, 1995
All emergency work required to complete drainage and street improvements to
the satisfaction of the City Engineer must be complete by October 2, 1995. All
utility trenches shall be properly backfilled and compacted, and pavement of
required thickness must be installed to enable the streets to be open to traffic.
All debris shall be removed, and pedestrians shall be informed, and protected
from, all known hazards.
Work deemed to by the City Engineer to be non-essential to the protection of
public health and safety shall be covered, backfilled or otherwise protected until
such time as Sully-Miller can warrant that construction materials and adequate
and trained operators are avialable to complete the work per the terms of the
contract pertaining to the projects in question. We request that these actions be
taken in accordance with Sections 6.2 through 6.7 of the Standard
Specifications for Public Works Construction.
Please provide me a written response by 5:00 p.m. Wednesday, August 16
concerning this issue.
Ve tru yours,
•
J
Ri Gome
D: p ty City Ma :ger
D v- •pment 'ervices Director
R t.:r1
cc: William R. Kelly, City Manager
Michael H. Miller, City Attorney
Pete Kinnahan, Economic Development Administrator
Eldon Davidson, Acting City Engineer
Mohammad Mostahkami, Assistant City Engineer
Bernie Anderson, Sully-Miller Contracting Co.
Gary Baker, ASL Consulting Engineers, Inc.
Linda Tichey, Seaboard Surety Co.
I
16 August 1995 �.;.`.
CITY OF ARCADIA SULLY-MILLER
240 W. Huntington Drive CONTRACTING CO.
P.O. Box 60021
Arcadia, CA 91066-6021
AITN: Rick Gomez
RE: Arcadia Downtown 2000 Streetscape Project
Job No(s). 582, 646, and 550
Sully-Miller Job No. 111336C
Gentlemen:
We have received your letter of August 15,1995, concerning the negotiations with Local 12 and
the effect on the Downtown.2000 Project. While we understand your concern, I do take issue
with the statement concerning progress prior to the Operating Engineers' strike. Given the
delayed Notice to Proceed, change orders and interferences not noted on the plans, the project
was progressing smoothly prior to the labor dispute.
Currently, Sully-Miller has presented a settlement proposal to Local 12 in attempt to reach an
agreement as soon as possible. However, it will be several days before we can expect a response.
We will keep the City informed of any developments that might affect our ability to resume
construction.
We share your concern over the effect of the incomplete improvements on safety and health
related matters and we will communicate these to Local 12 in the hope that they will suspend
their work stoppage. I would like to point out that they have not shown much concern for the
public on several other jobs that have potential safety consequences.
•
If you have any questions,please contact me at(714) 578-9626.
Sincerely,
JAME G. KEOWN
Vice President, Operations
Vcf
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FAX -14•C-A YG-=
1 E.ORA'GETHURPE A.F.. •TE o
ANAHEI\1. CA 92N1r1
ATTACHMENT 2
•
ARCADIA
■
City of
Arcadia NOTICE OF
SPECIAL MEETING
office of the As authorized by Arcadia City Charter
Section,ity Council Government Code Section 54956 a Special Meeting of 408 and California
ia City
Council is hereby called. Said meeting shall be held at the Arcadia City
Council Chambers at 240 W. Huntington Drive, Arcadia, California at 5:00
+nIaA Lojcski p.m. on August 22, 1995.
ro►
The purpose of this meeting is to discuss the Downtown 2000
ban D.Kuhn Streetscape Project and the City's contract with the Sully-Miller Contracting
Pro«�n Company for work to be performed thereon. The City Council will also
discuss adoption of a resolution declaring that delays on the Project
Thong Chang constitute an urgent threat to the public health, safety, and welfare of the
rH.Ulrich citizens, suspending the City's contract with the Sully-Miller Contracting
yB.Young Company, permitting other parties to perform work on the Project for the
KirMemberr purposes of alleviating the emergency and, pursuant to Section 1212 of the
Arcadia City Council, to authorize the letting of contracts with such other
parties without advertising for bids.
No other business shall be considered at this meeting.
/
Dated: August /7, 1995 ��1,
•ayor ProTempore
City of Arcadia
APPROVED AS TO FORM:
•
Michael J. -'arg:
Acting Ci A •rney
Huntington Drive
e Boa 60021
it 91066.6021
3403 Telephone
3729 Paa
ATTACHMENT 3
:_'ltk :�. ' *-' August 17, 1995
Leo _
*C\AT/�
James G. Keown
Vice President, Operations _
City of Sully-Miller Contracting Co.
Arcadia 1100 E. Orangethorpe Avenue, Ste. 200
Anaheim, CA 92801
Office of the Re: Arcadia Downtown 2000 Streetscape Project
City Attorney Job No(s). 582, 646 and 550
Michael H.Miller Dear Mr. Keown:
City Attorney
Please be advised that the City Council of the City of Arcadia will be holding
a special meeting on Tuesday, August 22, 1995 at 5:00 p.m. in the City
Council Chamber, 'Arcadia City Hall, 240 W. Huntington Drive, Arcadia,
California to discuss the Downtown 2000 Project and the problems caused
by the current work stoppage. The City Council will also consider adoption
of a resolution suspending the contract between the City and Sully-Miller and
providing for the continuation of work on certain portions of the Project by
other parties in order to alleviate the emergency situation.
A copy of the agenda and draft resolution will''be sent to you under separate
cover.
City staff wishes to have a meeting with you and other involved parties to
discuss this situation on Monday, August 21, 1995 at 1:00 p.m. in the City
Council Chambers Conference Room located in City Hall. We respectfully
request your attendance at this meeting. Please feel free to invite any other
involved parties as you feel are necessary to attend.
Sincerely, `
()/ki-e-i ' 7---"—{--------- --
Michael . Kar!.-r
Acting 'ty • orney
c: William R. Kelly, City Manager
Gary Baker, ASL Consultant Engineers
240 VG'. Huntington Drive
Post Office Box 60021
Arcadia,CA 91066-6021
(818)574-5407
i
(818)446-2991 Fax .
ATTACHMENT 4
ASL Consulting Engineers
3280 East Foothill Boulevard
Suite 350
Pasadena. California 91107
818/683-0066
August 18, 1995 Via Fax 446-2991 •
Mr. Rick Gomez
Deputy City Manager
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91006
Reference: Downtown 2000 Streetscape
Emergency Repair Work
Dear Mr. Gomez:
ASL Consulting Engineers, working under contract to the City of Arcadia for
construction administration, must inform the City of Arcadia of the serious and
dangerous condition that exists in the downtown area due to non-operable storm
protection devices. The Contractor, Sully-Miller, has been unable to continue work
on the project. The construction to date on Huntington Drive has severed all flood
protection devices in downtown Arcadia. As you are aware, Los Angeles County
• officially determined the rainy season to extend from October 15 to April 15. With
the onset of the rainy season approaching, we view the condition of current storm
drain devices, including: storm drain main lines, laterals, catch basins, curb, gutter,
sidewalk, roof drains, and pavement, completely inadequate to perform in any
capacity during a storm event. The storm drain system that existed prior to this
project's construction has been permanently removed or blocked off. In the event
of a storm, water would pond in downtown until it could reach an elevation where
it would flood downtown businesses to find an outlet. Storm water would also be
diverted to areas with insufficient or inoperable drainage facilities. In a moderate
storm, flooding to downtown businesses, undermining of existing public
improvements, and failure of uncompacted trenches and adjacent pavement would
be expected.
Further, immediate action must be taken to prevent the City from being in violation
of the Federal Clean Water Act. The Pollution Prevention Plan filed in accordance
with NPDES Standards requires "Best Management Practices" to be utilized to
prevent silt and debris from entering protected waterways. Pavement is the material
most suited to comply with these standards in a public roadway.
Pasadena
Corporate Office Irvine Palm Springs Camarillo San Diego San Bernardino
818/683-0066 714/727-7099 619/320-4220 805/388-2344 619/673-5505 909/381-3666
Fax 818/683-0060 Fax 714/727-7097 Fax 619/320-3580 Fax 805/388-3082 Fax 619/673-1610 Fax 909/381-4176
ATTACHMENT 5
I '
ASL Consulting Engineers
Mr. Rick Gomez
Deputy City Manager
City of Arcadia
August 18, 1995 Page 2
As the City's Engineer on the Downtown 2000 project, we recommend that
emergency work be performed by a capable contractor or City forces to adequately
protect the health and safety of the citizens of Arcadia and to prevent future and
further damage to public and private properties.
The minimum emergency work to provide an adequate storm drain system includes:
1. Completion of curb, gutter, sidewalk, roof drains, catch basins, laterals and
pavement on the north side of Huntington Drive between Santa Anita Avenue
and Second Avenue.
2. Completion of storm drain improvements in First Avenue north of Huntington
Drive to Wheeler Avenue, including catch basins, laterals and pavement.
3. Completion of storm drain improvements between San Rafael Road and the
East Branch of the Arcadia Wash, including main lines, catch basins, laterals
and pavement.
Finally, we urge City staff to regularly monitor the construction area and maintain
sandbags, cold patch paving and other emergency construction materials in the City
yard so a rapid response can be provided in the event of early rains.
Sincerely,
Ga :aker
ss• . -
Pr•; - Manager
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SUSPENDED WORK AREA
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..... a Downtown 2000 Straelscape
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AL Consulting Engineers EMERGENCY IMPROVEMENTS
FOR
HUNTIsiGTON DRIVE
RESOLUTION NO. 5877
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, DECLARING THAT
DELAYS IN THE CONSTRUCTION OF THE CITY OF
ARCADIA DOWNTOWN 2000 STREETSCAPE PROJECT
CONSTITUTE AN URGENT THREAT TO THE PUBLIC
HEALTH, SAFETY, AND WELFARE, SUSPENDING
THE WORK TO BE PERFORMED PURSUANT TO THE
CONTRACT BETWEEN THE CITY AND THE SULLY-
MILLER CONTRACTING COMPANY, AUTHORIZING
STAFF TO CONTRACT WITH OTHER QUALIFIED
PARTIES TO PERFORM SUCH WORK AS IS NECESSARY
TO ALLEVIATE THE THREAT, AND TO AUTHORIZE
THE LETTING OF CONTRACTS WITHOUT ADVERTISING
FOR BIDS
WHEREAS, the City of Arcadia ("City") and Sully-Miller Contracting Company
("Contractor") entered into that certain Contract dated April 25, 1995 for the construction of
the Arcadia Downtown 2000 Streetscape Project ("Project") (Job Nos. 582, 646 and 550),
which is incorporated herein as if fully set forth; and
WHEREAS, Contractor has commenced construction of the Project which has
involved severing all flood-protection devices in downtown Arcadia including the removal
of such integral devices as curb, gutter, sidewalk, pavement, building roof drains and other
improvements to the storm drain system (i.e. catch basins, lateral, junction boxes) in the
downtown area; and
WHEREAS, Contractor notified City on August 4, 1995 that it was requesting time
extensions on the Project and was "unable to determine the exact extent of delays to this
Project due to our inability to obtain materials as a result of a labor dispute involving local
1
ATTACHMENT 6
material suppliers" and that "when the full extent of this becomes apparent, we will submit
a request for the appropriate time extensions"; and
WHEREAS, to date no such extension to a date certain has been submitted; and
WHEREAS, the City's engineer has notified the City that the rainy season
commences in mid-October and that if such improvements are not completed by then and
that if the construction remains in its current incomplete condition an emergency situation
will result thus affecting the public health, safety, and welfare; and
WHEREAS, the City's engineer has further notified the City that in order to perform
such work as is necessary to alleviate the emergency situation, such work must be
commenced immediately and that even if so commenced there still exists the possibility that
an emergency may occur; and
WHEREAS, Section 6-3.1 of the Standard Specifications for Public Works
Construction, 1994 Edition permits work to be suspended in whole or in part when it is
determined by the City's engineer that the suspension is necessary in the interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. That due to the incomplete construction of the Downtown 2000
Streetscape Project and the inability of the Contractor to continue work on the Project an
urgent threat to the public health, safety and welfare exists.
2
}
SECTION 2. That pursuant to Section 6-3.1 of the Standard Specifications for Public
Works Construction, 1994 Edition, as determined by the City's engineer the work to be
performed by Contractor on the portion of said Project as is generally specified herein is
hereby suspended as such suspension is in the interest of the City;
Huntington Drive between Santa Anita Avenue and Second Avenue;
First Avenue between Huntington Drive and Wheeler Avenue;
Huntington Drive between San Rafael Road to the East Branch
of the Arcadia Wash.
SECTION 3. That due to the threat to the public health, safety, and welfare, the City
Manager or his designee shall have the authority to contract with such parties as are
necessary to complete the work on the Project so that such threat is alleviated. The City
Manager or his designee shall have the authority to use, in his discretion, City workers on
the Project as is necessary.
SECTION 4. That only such work as is necessary to alleviate the threat to the public
health, safety, and welfare and such work reasonably related to same shall be performed by
such parties. The scope of the work shall be determined by the City Manager or his designee
after consultation with the City's engineer.
SECTION 5. That pursuant to Section 1212 of the City Charter of the City of
Arcadia, the City Council finds that due to the facts stated herein the work to be performed
is of urgent necessity for the preservation of life, health, or property, the City Council hereby
waives the specific bid process, and that such contracts may be let and that such purchases
3
may be made without advertising for bids.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Resolution is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not effect the validity of
the remaining portions of this Resolution. The City Council of the City of Arcadia hereby
declares that it would have adopted this Resolution and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 7. That the City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of , 1995.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
.4,47/ y
City Attorney
City of Arcadia
4
A G E N D A
4 /81 -7._ '
- :"i
Arcadia City Council
and°R Redevelopment Agency ':
Meeting
- August 22, 1995
5:00 p.m.
City Council Chambers
ROLL CALL: COUNCIL MEMBERS CHANG, KUHN, ULRICH,
YOUNG, AND LOJESKI
1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL (FIVE-MINUTE TIME LIMIT PER PERSON)
2. RESOLUTION NO. 5877 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, DECLARING THAT DELAYS IN THE
CONSTRUCTION OF THE CITY OF ARCADIA DOWNTOWN 2000 STEET-
SCAPE PROJECT CONSTITUTE AN URGENT THREAT TO THE PUBLIC
HEALTH, SAFETY, AND WELFARE, SUSPENDING THE WORK TO BE
PERFORMED PURSUANT TO THE CONTRACT BETWEEN THE CITY AND
THE SULLY-MILLER CONTRACTING COMPANY, AUTHORIZING STAFF TO
CONTRACT WITH OTHER QUALIFIED PARTIES TO PERFORM SUCH WORK
AS IS NECESSARY TO ALLEVIATE THE THREAT, AND AUTHORIZING THE
LETTING OF CONTRACTS WITHOUT ADVERTISING FOR BIDS.
ADJOURN TO SEPTEMBER 5, 1995 @ 7:00 P.M. .
ATTACHMENT 7
■
•
ARCADIA • AN OPEN LETTER TO DOWNTOWN MERCHANTS
RAT
The Arcadia City Council and City staff would like to take this opportunity to update you on Downtown '000
construction activities, with particular regard to the labor dispute between the Operating Engineers Union and Sully—
Miller Contracting Company. We are very concerned about how the labor dispute is affecting your business operations
and want you to know that we are doing everything possible to resolve the situation from our end. You. the downtown
merchants, are valued community members and we truly see you as our partners in business. The goal of this project
is to help turn downtown Arcadia into a thriving business district that will benefit everyone. You can rest assured.
that we will continue to do whatever we can to make this goal a reality.
The following information is being passed on to bring you up to date on the activities that have taken place:
• The City Attorney and special legal counsel have been in regular contact with attorney's for both the Sully—
Miller Contracting Company and the Operating Engineers Union. We have made our position very clear,
including our desire for immediate resolution of the dispute and we have offered assistance as appropriate.
• Sully—Miller Contracting Company has been put on notice to complete the storm drain improvements on
Huntington Drive and First Avenue, including all required street improvements, curbs and gutters on the north
side of Huntington Drive, between the Arcadia Wash and Fifth Avenue by mid—October. We are making this
demand on the contractor due to our legal and statutory obligation to our citizens, as well as the general public.
This directive can only be applied to emergency work necessary to protect the welfare of the public. We hope
that the parties involved understand the severity of the situation.
• Construction activities are now behind schedule. Since things are changing on a day to day basis, we are
continually evaluating our alternatives with regard to scheduling the remainder of the work. THE PROJECT
WILL BE COMPLETED IN ITS ENTIRETY, BUT PERHAPS NOT BY END THE END OF THIS YEAR
AS WE HAD PLANNED.
• Because we recognize the current situation may be difficult for you,we are also exploring various ways to help
spread the word that you are open for business and parking is not a problem. To date, we have run newspaper
ads, issued press releases, placed a special downtown pamphlet in the City Newsletter (which goes to all
Arcadia households), placed information on the cable television community bulletin board, and inserted
pertinent information in City water bills.
If you have other ideas on how we can assist you during this time, please let us know. Keep in mind,
however, that the City is legally limited as to what we can and cannot do to impact the situation.
Again, this letter is simply to update you on the status of the Downtown 2000 project. We do understand your
concerns and we are doing everything we can to expedite resolution of this predicament. We are just as unhappy about
the situation as you are.
As always, please feel free to call Dale Connors (574-5409), Mohammad Mostahkami (574-5481), or Rick Gomez
(574-5414) with your suggestions and questions.
Thank you for your patience and cooperation.
Sincerely, PLEASE BE ADVISED THAT THE CITY COUNCIL WILL
IXM1t{ MEET ON TUESDAY, AUGUST 22 AT 5:00 P.M. IN THE
William R. Kelly CITY COUNCIL CHAMBERS TO CONSIDER DECLARING A
City Manager PUBLIC SAFETY EMERGENCY.
ATTAMENT 8