CC - 04-04-78 - Special Meeting4 APPROVED
CIT~ OF J20SEMEAD
DATE; ?7 P
"Y
-MINUTES OF THE SPECIAL MEETING
OF THE ROSEMEAD CITY COUNCIL
APRIL 4, 1978 AT 8:00 P. M.
The Special Meeting of the Rosemead City Council was
called to order by Mayor Taylor in the Council Chambers of
City Hall, 8838 E. Valley Blvd., to consider possible re-
consideration of the Modern Services Amendments to the Con-
tract.
The Pledge to the Flag was-led by Councilman Imperial
The Invocation was delivered by Hugh Foutz, City Treasurer
ROLL CALL OF OFFICERS:
Present: Councilmembers Hunter, Imperial, Cichy, Tury
and Mayor Taylor
Absent: None
Mayor Taylor stated that the reason for this meeting was,
hopefully,that the Council would reconsider the approval of the
amendments to Modern Services Contract with the City.
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER
that the amendments to the contract be reconsidered. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
Mayor Taylor stated since the last meeting additional in-
formation has been received regarding the amendments and pos-
sibly another decision could be reached, and the original rea-
son for the amendments was because the City has an obligation
to remove the rubbish that was not collected by Modern Service,
and requested that the City Attorney clarify the obligations
and options.
Ed Dilkes, City Attorney, stated that Judge Shaftner of the
Superior Court in Pasadena, made a decision that the City of Rose-
mead had a statutory duty to provide for trash and rubbish collec-
tion, and commented that the court left that duty very much un-
defined. It was his recommendation to the Council several months
ago, that it would be wise to prepare an amendment to the Contract
that would provide for continuous rubbish collection in Rosemead,
and that is the amendment that is before the Council at this time.
The present contract as it stands now the contractor has no obli-
gation to pick-up rubbish if the charges are not paid. He,also,
stated that he did not know the sum that taking over the delin=
quencies would cost the City, but he had been informed by the
Contractor that the sum is not more than $2,500 every six months.
Documentation from the Contractor has not been received regard-
ing the exact costs.
Councilman Cichy read a memorandum to the Council regarding
the amendments and recommended that as a matter of policy the
City should assume collection of delinquencies, and although the
annual price adjustments are ambiguous, it was his recommendation
that the contractor be entitled to an increase of 7% for all bill-
ings from and after April 1, 1978 through and including March 31,
1979.
MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURF
that the original amendments voted on March 28, 1978 be rescinded.
Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
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Mayor Taylor stated that since the Modern Services Contract
is so ambiguous, it directed the City Manager to put the contract
in the proper sequence and present it to the Council, and requested
the City Attorney explain some of the ambiguity regarding the 7%
rate increase.
Ed Dilkes, City Attorney, stated although it is his opinion
that the rate increase in the 1976 agreement was to be up to 77b
not a straight 7%,it is the contractors opinion that it is a
flat 77o, and if this were to be litigated the courts would pro-
bably decide in favor of the contractor as the agreement was pre-
pared by the City.
MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER
that the proposed amendments to the Modern Services Contract be
approved with the addition to the paragraph"9. Delinquent Accounts
City shall not be responsible for delinquencies occuring prior to
the execution of this contract by both parties'.'.
Mayor Taylor requested that the vote be taken after citizen
input. Mayor Taylor made a motion to that effect, but died due
to a lack of a second.
Vote resulted:
AYES: Councilmembers Hunter, Imperial, Cichy and Tury
NAYES: Mayor Taylor
Whereupon the Mayor declared said motion duly carried and
so ordered.
The Council Meeting was adjourned at 9:30 p. m. to the
study session immediately following the Agency Meeting on Monday,
April 10, 1978.
Respectfully submitted:
City C1 i of the Ci of Rosemead
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