HomeMy WebLinkAbout FULL PACKET_2006-03-20CITY OF SANTA ANA
PARK DEVELOPMENT, RECREATION PROGRAMS
& EDUCATION PARTNERSHIPS
CITY COUNCIL COMMITTEE
November 29, 2005
A~IINUTES
The meeting was convened at 6:07 p.m. in the City Hall, Room 831.
The following Council Members were present: Claudia Alvarez (arrived 6:45 pm)
Mike Garcia (left 6:SOpm)
Jose Solorio
Staff present were: Gerardo Mouet, Exec. Director PRCSA
Ron Ono, Park Administrative Services Manager, PRCSA
Mike Lopez, Park Superintendent
1. APPROVAL OF MINUTES
ACTION ITEM: Minutes of September 20, 2005 were approved with the following
correction.
a) Correct spelling of Wildlands as one word. .
2. SANTA ANA STADIUM REPORT
RENTAL FEE COMPARISON
o Staff reported on the stadium rental fee comparison of 9 stadiums some of
which are located in Los Angeles and Orange County. The fees charge at the
SA Stadium ranked 4th among the 9 stadiums with Anaheim Glover Stadium,
Orange Coast College Lebard Stadium in Costa Mesa, and Long Beach
Stadium charging below the fees at Santa Ana Stadium.
Staff indicated when the new synthetic turf is installed at the stadium the
program use of the stadium will be limited, unless a protective surfacing is
installed. The estimated cost for the protective surfacing is approximately
$800,000 to cover synthetic turf. Staff indicated a minimum of $200,000 will
be needed to cover 25 percent of the stadium field. This type of product is
being used at the Anaheim Stadium for concert events to protect their natural
turf field.
• RESIDENT FEE
o The field reservation fee schedule for Adult Soccer, only identifies one set of
fee based on a 2- hour block of time for non-lighted fields, and a different fee
for lighted fields. There is no distinguished difference of fee for residents
versus non-residence use.
City Council Committee on 1 November 29, 2005
Park Dev., Recreation Programs & Education Partnership -Minutes
13B-1
ACTION ITEM
1) Look into the possibility of using temporary striping on the synthetic turf, i.e.
caulking or paint.
2) Look into the possibility of minimize the width of the striping.
3) Agendize the striping issue on the next meeting.
4) Create a resident fee for the Dan Young Soccer Complex field usage.
3. UPCOMING EVENTS
Staff presented the special event programs being planned for the next three months:
o DYSC Synthetic Turf Ribbon Cutting Event (Sat) Dec 3rd; 12~m.
o Children's Winter Holiday Event at SA Stadium (Sat) Dec 10 , 10 am-1 pm.
o Board of Recreation and Park Holiday Event at the Lawn Bowling Clubhouse
(Wed) Dec 14d';6:30pm.
o Santiago Park Rubber Boot Race - (Sat) Jan 21St; 7 am-1 lam.
o Multicultural Parade and Fair at Broadway and Civic Center (Sat) Feb 4tn;
o Parade:l0am-12pm.
o Fair:l2pm-4pm.
o Mother's Day Celebration at SA Stadium -Saturday, May 13th.
• ACTION ITEM:
o Promote the rubber boot race by advertising on the Website, notifying
Neighborhood Associations, School District, YMCA, Friends of SA Zoo, etc.
4. S.A. RIVER TASK FORCE UPDATE
• Staff presented the status of the SA River Task Force and a briefing of the agenda
items and discussions communicated at the two Task Force meetings and the SA
River Tour.
ACTION ITEM:
o Invite Huntington Beach and Orange County Water District to attend the
meetings.
5. RESERVATIONS (GIS) MAPPING
• Staff presented an outline for the new reservation system that will be implemented
next year. The major items being requested from the Sports groups are rosters and
insurance information. Staff will be requesting the new roster information early next
year. Staff is being trained to ensure a smooth transition of the system when it is
implemented. The new Reservation System will be presented to City Council at a
future Study Session.
6. PUBLIC COMMENTS
• No Public Comments.
7. COMMITTEE MEMBER COMMENTS
• Look into providing hand soap in the Santa Ana Stadium Restrooms.
City Council Committee on 2 November 29, 2005
Park Dev., Recreation Programs & Education Partnership -Minutes
13B-2
8. STAFF COMMENTS
• No Staff Comments.
9. ITEMS FOR FUTURE MEETINGS:
• Striping options on the Synthetic Turf at the Stadium.
• Santa Ana River Task Force Update.
10. NEXT MEETING: Change next meeting date of Jan 3, 2006 to Jan 10, 2006
at 5:45p.m.
City Hall, Room 831
Meeting adjourned at 7:10 p.m.
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services Agency
City Council Committee on 3 November 29, 2005
Park Dev., Recreation Programs & Education Partnership -Minutes
13B-3
- CITY COUNCIL COMMITTEE ON
~/ NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
January 24, 2006
CALL TO ORDER
The meeting was called to order at 5:40 p.m. in Training Room 1602, City Hall Ross Annex.
ATTENDANCE
The following Councilmembers were present: Lisa Bist, Alberta Christy and Carlos
Bustamante
Staff present were: Jay Trevino, Executive Director Planning and Building Agency; Kenneth
Adams, Assistant Director Planning and Building Agency; Ben Kaufman, Chief Assistant
City Attorney; Bruce Dunams, Community Preservation .Manager; Steve Gutmann,
Supervisor of Inspections; and Estella Rodarte, Senior Community Preservation Inspector.
AGENDA ITEMS
1. APPROVAL OF MINUTES -NOVEMBER 22, 2005 MEETING
Approved by a vote of 3:0
2. GRAFFITI ORDINANCE
Will Hayes provided the committee with a historic overview of the city's existing
graffiti ordinance. He briefed the committee on the proposed changes to the
ordinance which will be presented to the. entire council shortly. The ensuing
discussion focused upon the variety of strategies available to the city to help abate
graffiti issues.
3. STREET CURB ADDRESS PAINTING
Will Hayes provided the committee with a overview of the city's proposed street curb
ordinance. Highlights of the proposed ordinance include developing a contract with
three to four non-profit vendors to provide curb painting services for donations by the
property owners. The intent of the ordinance is to get the city out of the curb
painting business. The committee members posed several operational questions to
staff and provide some brief comments for consideration.
4. SHOPPING CART ORDINANCE DISCUSSION
Bruce Dunams provided a brief history of staff efforts regarding the shopping cart
issue. He indicated at this point the city believed the best alternative is to address
the cart as a site specific issue with the burden on the vendor to be responsible for
addressing the problem. He provided the committee with three alternatives:
13B-4
• to require all vendors to provide an on-site containment solution within six
months of the ordinance adoption;
• to require the new and larger vendors to install an on-site containment system
with a month test period before imposing the requirement as listed above; and
• to permit all vendors to develop their own plan for a containment system to
operate until they have violated apre-set standard of compliance.
Jay Trevino indicated to the committee that staff would invite the grocers
association as well other retailers to the meeting to provide input.
5. PRE-SALE ORDINANCE
Bruce Dunams provided the committee with additional information as requested
on the programs that exist in other communities. He provided information from
14 other communities all of which have an entire property inspection program.
He indicated that the staff recommendation would be to inspect the entire
property should the city adopt an inspection program.
He indicated that the staff had begun the process of contacting the real estate
industry to initiate talks to discuss the committee proposal. He provided some
preliminary information about the scope of project and initial staff analysis.
Jay Trevino indicated that staff would invite real estate industry representatives
to next committee meeting to provide direct feedback to the committee. Staff will
continue to work on the development of the program and update the committee
at the next meeting.
6. PUBLIC COMMENTS ON NON-AGENDA ITEMS -None
7. COMMITTEE MEMBER COMMENTS -None
8. ITEMS FOR NEXT MEETING
A. Pre-Sale Residential Inspection Ordinance
9. NEXT MEETING DATE: Tuesday, February 28,2006
ADJOURNMENT - 7:45 P.M.
Kenneth Adams
Assistant Director/Planning & Building Agency
KA/rb
S:Council CommMICE CClNICE Minutes Ot-24-06
Neighborhood Improvement/Code
Enforcement Council Committee Minutes
January 24, 2006
13B-5
CITY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
MAIN STREET DEVELOPMENT
MINUTES
November 3, 2005
CALL TO ORDER
The meeting convened at 5:40 p.m. in City Hall, Room 831, 20 Civic Center Plaza,
Santa Ana, California.
ATTENDANCE
City Council Committee members present: Mayor Pro Tem Lisa Bist, Councilmember
Jose Solorio, and Councilmember Claudia Alvarez (5:55 p.m.)
Staff members present: Community Development Agency Executive Director Patricia
C. Whitaker, Planning and Building Agency Executive Director Jay Trevino, Chief
Assistant City Attorney Benjamin Kaufman, Community Preservation Inspector Alvaro
Nunez, Redevelopment Assistant, Danell Mercado, Senior Planner Sergio Klotz,
Engineering Services Manager/City Engineer George Alvarez, and Assistant Planner
Lucy Linnaus
Community members present: None
AGENDA ITEMS
1. APPROVAL OF MINUTES -September 1, 2005
Action: The minutes were approved 2:0 (Absent: Alvarez)
2. PROPOSED CODE ENFORCEMENT ACTIONS
A Notice of Violation (NV) was issued to the Casa de Ceramica property at 2541
South Main regarding the banners and unpermitted signs. There has been no
compliance and the next step is sending the property owner/business owner to a
Hearing. If there is no compliance after the Hearing, the NV may eventually lead
to a criminal case.
1417 South Main will be monitored.
1117 South Main - A Notice of Violation will be issued regarding signs.
13B-6
Enforcement regarding windows in the Downtown area is continuing. Inspector
' Nunez will provide the Committee with a list of the business owners of record
who have been cited. Mr. Nunez will also check the business location south of
the Macres Flower Shop on Broadway that has several stickers on its windows
and will provide an update.
Inspector Nunez reported that there are many problems with sidewalk sales and
explained the business license and occupancy process to the Committee.
3. ADAPTIVE REUSE OF SPURGEON BUILDING
Planning and Building is looking into the reconstruction of the building. Jay
Trevino reported that a couple of months ago he and Steve Harding met with Jay
Mehan and Mike Lutton, who is active in big urban markets.
Discussion then ensued regarding parking. An assessment of Downtown parking
is necessary. Staff will continue to follow up on these issues.
4. DOWNTOWN RESIDENTIAL PARKING PERMIT PROGRAM UPDATE
Following a discussion, it was decided that staff would contact the Loft Owners
_ Association and request to be placed on their next meeting agenda on November
17 to try and educate Phase 1 & 2 Loft owners about monthly passes and the
garage security that is available and answer any other questions or concerns
they may have. Staff will update the Committee at the next meeting.
5. LOFT SURVEY UPDATE
Danell Mercado will make further contact with both Associations and update at
the next meeting.
6. SANTA ANA BOULEVARD PROJECT/RENAISSANCE
Lucy Linnaus, Assistant Planner, provided a report on the specific plan. She
noted that the purpose is to create a village environment with all the components
of a community. The goal is to establish an overall identity for the area by
establishing a land use plan maximizing the area's potential and reestablishing
the area as Orange County's downtown and Civic Center. Objectives include
walkability; creating linkages between the train depot, downtown, civic center,
and neighborhoods; providing multi-modal transportation options; and
encouraging redevelopment of the area. A timeline was provided which included
the completion of the Specific Plan as October/November 2006.
miry ~ouncu committee on Main 2 November 3, 2005
Street Development -Minutes
13B-7
Committee members will review the map boundaries and notify staff of any major
changes/suggestions.
A meeting update regarding The Depot will be provided by Pat Whitaker.
7. PROJECT UPDATES
a) 4T" Street Pushcart Status -
Staff visited the vendor to see how production was progressing. This is a
custom order, which takes longer; however, the builder will try to expedite the
order. Completion is still anticipated to be February or March 2006.
b) SC Gas Buildina
The Orange County Children's
Film School are still interested in
is yet to be made.
Therapeutic Arts Center and the Chapman
possibly occupying the building. A decision
c) Phase III Olson Lofts Status
To date, there is no proforma as yet and density is still an issue. The Olson
~ Company notified staff that a new team is being assembled to review the
issues and will report their findings in about a month. Staff will look into the
City conducting an audit.
A discussion ensued regarding the dirt parking lot. Public Works and
Planning and Building will contact the Olson Company with a possible
solution for the time being.
d) Otis Building Update
Pat Whitaker contacted Rikki Zuckerman, owner of the Otis Building. Ms.
Zuckerman requested a letter of commitment. A bench has been purchased.
The City is waiting until the entire building is painted before moving forward.
Staff will continue working on this issue.
e) Construction of Archway Sign on South Main Street
Based on research conducted by staff two feasible locations were selected -
(1)approximately 25 feet north of Walnut Street and (2) approximately 50 feet
north of Broadway. The sign will span across Main Street at an 18 foot
clearance from the center of the roadway. The cost for the two archway signs
is $1.5 million. This cost includes design, graphics design, sign fabrication
City Council Committee on Main 3 November 3, 2005
Street Development -Minutes
13B-8
and poles, and construction. Pictures of different archways from other cities
~ were provided. It was suggested that staff research the "hanging type" signs
from the San Diego area, signs with a more historic feel and also ones having
some lighting. Public Works staff will provide another cost estimate at a
future meeting.
f) Nexus Entry Sign Update
George Alvarez reported that a meeting was held regarding the art concept
design. It was decided that the artist will complete the rendition and Nexus
will build and install the art. The piece will include uplighting, the city seal and
base. A discussion about the city seal being part of the piece ensued. The
Committee will be shown the rendition at the next meeting.
g) Facade Rebate Program
Danell Mercado provided a chart with rebate information. The chart included
a list of companies and improvements done to date; a list of a rebate in
process; and a list of rebate inquiries.
h) SC Edison Substation at Second and Sycamore
Contact was made with SC Edison. What to do with the property will be
decided within the year.
8. PUBLIC COMMENTS - None
9. COMMITTEE MEMBER COMMENTS -None
10. ITEMS FOR FUTURE MEETINGS
11. NEXT MEETING -December 1, 2005
ADJOURNMENT -The meeting was adjourned at 7:08 p.m. to December 1, 2005.
c
Patricia C. Whitaker
Recording Secretary
Community Development Agency
PCW/mlr
City Council Committee on Main 4 November 3, 2005
Street Development -Minutes
13B-9
•
CITY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
MAIN STREET DEVELOPMENT
MINUTES
December 1, 2005
CALLED TO ORDER
The meeting convened at 5:45 p.m. in City Hall, Room 831, 20 Civic Center Plaza,
Santa Ana, California.
ATTENDANCE
City Council Committee members present: Mayor Pro Tem Lisa Bist, Councilmember
Jose Solorio, and Councilmember Claudia Alvarez (5:50 p.m.)
Staff members present: Deputy City Manager Development Services, Steve Harding,
Community Development Agency Executive Director Patricia C. Whitaker, Planning and
Building Agency Executive Director Jay Trevino, Chief Assistant City Attorney Benjamin
Kaufman, Senior Community Preservation Inspector Beth Aldecoa, Redevelopment
Assistant, Danell Mercado, Senior Planner Sergio Klotz, and Assistant Planner Lucy
Linnaus
Community members present: Elsa Gomez
AGENDA ITEMS
1. APPROVAL OF MINUTES -November 3, 2005
Action: The minutes were approved 2:0 (Absent: Alvarez)
2. PROPOSED CODE ENFORCEMENT ACTIONS
A hearing has been schedule in January with the Casa de Ceramica property at
2541 South Main and 1121 S. Main regarding the banners and unpermitted
signs. If there is no compliance after the Hearing, the NV may eventually lead to
a criminal case.
Enforcement regarding windows in the Downtown area is continuing. Inspector
Nunez will provide the Committee with a list of the business owners of record
who have been cited.
13B-10
3. ADAPTIVE REUSE OF SPURGEON BUILDING
No submittals of plans from Jay Meehan at this time.
4. DOWNTOWN RESIDENTIAL PARKING- UPDATE
Danell Mercado stated that the Association is not meeting until January 2006.
She shared with the Committee a DRAFT letter to be sent out immediately
informing the loft owners of their option to parking in the Downtown Parking
Structures.
5. LOFT SURVEY UPDATE
Danell Mercado will make further contact with the Association in writing asking
for responses to the survey to be returned in aself-addressed stamped
envelope.
6. SANTA ANA BOULEVARD RENAISSANCE PROJECT
Lucy Linnaus, Assistant Planner, reviewed with the committee the boundary lines
of the study area. Staff asked the committee for input on three areas of the
boundaries. The boundary line next to French Park will remain the same. The
area west of Logan will be included, as well as the cut out at Grand and First
Street.
Pat Whitaker provided the committee a map that delineated which properties
within the study area were Agency owned. The committee requested staff to
provide a write up on which properties could be potentials for demolition due to
nuisance and unsafe conditions
7. PROJECT UPDATES
a) 4T" Street Pushcart Status -
The manufacturer made the umbrellas for the carts in rainbow colors. Staff
informed the manufacturer that a solid color such as maroon or green would
be more acceptable. The manufacturer is getting estimates to change out the
color to a solid. The manufacturer is guaranteeing delivery between February
and March.
b) SC Gas Building
Chapman College has made a purchase offer and a tour has been schedule
with them in December.
c:iry Council Committee on Main
Street Development -Minutes
2
December 1, 2005
13B-11
c) Phase III Olson Lofts Status
Olson has a new architect on its team and is
density to 125 per acre. No plans have been
cost to create a bare bones parking lot of
$100,000.
looking for an increase in the
submitted. Staff analyzed the
the site, which came in at
The Committee asked Steve Harding to discuss with Olson to either submit a
project or walk away and bring back something to the Committee in writing on
what options the City can move on.
d) Otis Building Update
Staff is working on a letter from OCTA committing to moving the bus bench
once the building is painted. Once a letter is received, it will be presented to
property owner to proceed with painting the building.
e) Construction of Archway Sign on South Main Street
Estimate for the sign will be presented at the January meeting by PWA.
f) Nexus Entry Sign Update
L~
No update presented.
8. PUBLIC COMMENTS -Elsa Gomez commented on the Artist Loft Owner
Survey, and what a good idea it was. She would like the same survey sent out to
the Downtown business owners in both English and Spanish.
9. COMMITTEE MEMBER COMMENTS -None
10. ITEMS FOR FUTURE MEETINGS
a. The Depot Marketing Plan
11. NEXT MEETING -January 5, 2006
A J RNMENT -The meeting was adjourned at 6:50 p.m. to January 5, 2006.
Pa ricia C. Whitaker
Recording Secretary
Community Development Agency
PCW/dm
City Council Committee on Main 3 December 1, 2005
Street Development -Minutes
13B-12
CITY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
MAIN STREET DEVELOPMENT
MINUTES
January 5, 2006
CALLED TO ORDER
The meeting convened at 5:44 p.m. in City Hall, Room 831, 20 Civic Center Plaza,
Santa Ana, California.
ATTENDANCE `
City Council Committee members present: Mayor Pro Tem Lisa Bist, Councilmember
Jose Solorio, and Councilmember Claudia Alvarez (5:46 p.m.)
Staff members present: City Manager Dave Ream; Chief Assistant City Attorney
Benjamin Kaufman; Community Development Agency Executive .Director Patricia C.
Whitaker, Assistant Director of Community Development Nancy Edwards; Planning and
Building Agency Executive Director Jay Trevino, Principal Planner Karen Haluza; Senior
Planner Sergio Klotz, Community Preservation Inspector Alvaro Nunez; and City
Engineer George Alvarez
AGENDA ITEMS
1. APPROVAL OF MINUTES -December 1, 2005
Action: The minutes were approved 3:0
5. PROJECT UPDATES
Taken out of order.
b) SC Gas Building
Dave Ream reports that Chapman College is primarily interested in the
YMCA Building. However, the Chapman College proposed use is
inconsistent with Council direction. Staff will encourage Chapman College to
give further consideration to the SC Gas Building in the Artists Village.
13B-13
2. PROPOSED CODE ENFORCEMENT ACTIONS
A hearing has been schedule for January 26 regarding the Casa de Ceramica
property at 2541 South Main and 1121 S. Main regarding the banners and
unpermitted signs. If there is no compliance after the Hearing, the NV may
eventually lead to a criminal case.
Follow-up at 1417 S. Main has also been done. The property owner has been
contacted. He is having difficulty evicting the tenant.
Enforcement in the Downtown area continues (4th and Broadway area).
Inspector Nunez reports that the business owners of record are being cited.
Committee member Bist requested that Mr. Nunez follow-up on previous Council
Requests regarding 304 N. Broadway and 417 N. Broadway.
3. ADAPTIVE REUSE OF SPURGEON BUILDING
No submittals of plans from Jay Meehan at this time.
4. SANTA ANA BOULEVARD RENAISSANCE PROJECT UPDATE
A map of the Santa Ana Boulevard properties was provided and demolition of
buildings was discussed. Karen Haluza reported that, of the three proposals
received, Moule &Polyzoides Architects has been selected to prepare the Santa
Ana Renaissance Specific Plan. A recommendation to the City Council to award
a contract to Moule &Polyzoides Architects will be made at the Council meeting
on January 17.
Jay Trevino mentioned that staff met with Tom Mauk, County CEO, on January 4
to discuss redevelopment of the Fruit Street County property. It was a very
encouraging meeting.
Committee member Solorio departed at 6:16.
5. PROJECT UPDATES
a) 4T" Street Pushcart Status -
Staff visited the manufacturer. Delivery is some time between February and
March. The umbrellas will be maroon in color.
City Council Committee on Main . 2 January 5, 2006
Street Development -Minutes
13B-14
c) Phase III Olson Lofts Status
A new architect was hired. Working drawings are to be submitted in March.
Construction by March 2007. Staff noted that if a temporary parking lot is
provided, it might be a problem when it is taken away. A construction cost
estimate sheet ($169,820) for the Olson Parking Lot (phase 3) was provided.
d) Otis Building Update
A copy of the email received regarding OCTA willingness to move the bus
stop was provided to Committee member Solorio.
e) Construction of Archway Sign on South Main Street
George Alvarez provided pictures of possible signs located ,at Main Street
looking south at Broadway and Main Street at Walnut looking north. Cost
estimates are $900K for the Broadway sign and $700K for the Walnut sign.
The Committee would like to concentrate on the Broadway location.
f) Nexus Entry Sign Update
Renderings of the sign were provided. The Committee feels that the City seal
should be removed and that up lighting should be considered.
g) Loft Survey Update
Seventy-five survey letters were distributed to individual loft owners in late
December. Self-addressed envelopes were provided and responses were
requested by January 15. To date, fifteen responses have been received. A
letter was also mailed to loft owners regarding additional parking options.
h) The Depot Marketing Plan Update
Pat Whitaker discussed the timeline
Councilmembers in November. She
consultant had been hired to work with
Depot.
6. PUBLIC COMMENTS -None
as per the memo
also mentioned that
The Cafe Express
distributed to
a restaurant
located in the
wry councu committee on Main
Street Development -Minutes
3
13B-15
January 5, 2006
7. COMMITTEE MEMBER COMMENTS
Lisa Bist requested a copy of the Moule & Polyzoides Architects proposal. ,
Lisa Bist inquired about the Edison undergrounding schedule. George Alvarez
will update.
Lisa Bist inquired about the wall on Sandpointe. George Alvarez mentioned that
stucco work still needs to be completed.
Claudia Alvarez requested that the meeting time be changed to 5:45 p.m. All
present agreed to change the start time to 5:45 p.m. beginning February 2, 2006.
8. ITEMS FOR FUTURE MEETINGS
9. NEXT MEETING -February 2, 2006
OU NMENT -The meeting was adjourned at 6:55 p.m. to February 2, 2006.
Patricia C. Whitaker
Recording Secretary
Community Development Agency
PCW/mlr
,,.
City Council Committee on Main 4 January 5, 2006
Street Development -Minutes
13B-16
CITY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
MAIN STREET DEVELOPMENT
MINUTES
February 2, 2006
CALLED TO ORDER
The meeting convened at 5:54 p.m. in City Hall, Room 831, 20 Civic Center
Plaza, Santa Ana, California.
ATTENDANCE
City Council Committee members present: Mayor Pro Tem Lisa Bist,
Councilmember Claudia Alvarez. Absent: Councilmember Jose Solorio
Staff members present: Deputy City Manager Development Services Steve
Harding; Chief Assistant City Attorney Benjamin Kaufman; Community
Development Agency Executive Director Patricia C. Whitaker; Public Works
Agency Executive Director Jim Ross; Planning and Building Agency Executive
Director Jay Trevino; Assistant Director of Community Development Nancy
Edwards; Economic Development Manager Linda Summers; Redevelopment
Assistant Danell Mercado; Principal Planner Karen Haluza; Assistant Planner II
Lucy Linnaus; and Community Preservation Inspector Alvaro Nunez.
AGENDA ITEMS
1. APPROVAL OF MINUTES -January 5, 2006
Action: The minutes were approved 2:0
2. PROPOSED CODE ENFORCEMENT ACTIONS
The hearing for 1131 S. Main was held. The property owner pulled
permits to move the signs and the poles. The Committee asked for
additional information regarding the pulled permits and what type of
business has been approved for the location.
The hearing for 2541 S. Main was held with no one present on behalf of
• the property owner. Code Enforcement will make an effort to contact the
13B-17
property owner. If there is no response received in two weeks, the case
• will be referred to the City Attorney for prosecution.
The compliance time for 1417 S. Main elapses on February 6. If there is
no compliance, the file will be referred to the Hearing Officer process. The
NV may eventually lead to a criminal case.
The 304 N. Broadway and 411 N. Broadway locations have been fined.
Progress has been made and our staff is in contact with the business
owners to ensure full compliance.
The Committee requested that staff check the windows at AutoZone.
Code Enforcement will contact the business owner/manager.
Fiesta Marketplace in Downtown has seen a lot of unlicensed vendors in
the area. Code Enforcement has been responding and there may be a
need to coordinate a task force with the Police Department and address
the issue together.
3. SANTA ANA BOULEVARD RENAISSANCE PROJECT UPDATE
Karen Haluza reported that, of the three proposals received, Moule &
Polyzoides Architects has been selected to prepare the Santa Ana
Renaissance Specific Plan. A recommendation to the City Council to
award a contract to Moule &Polyzoides Architects will be made at the
Council meeting on February 6.
Karen Haluza asked the Committee for its input on potential stakeholder
groups and individuals to be part of the public process. The Committee
gave the following names: Latino Health Access; Saint Joseph ~alle~ ~ ~`>- `
Church/School; Garfield Elementary; Logan, Lacy, French Court and
French Park Neighborhood Associations; Downtown Business District
Associations; Loft Owners Association; The Boxing Club; Jerry King,
National History Museum; and Brian Lucas.
4. PROJECT UPDATES
a) 4T" Street Pushcart Status -
LA Manufacturing has completed the carts. The O.C. Health
Department has to complete one final inspection on the carts before
they can be released. Staff is working on a new city logo to be placed
on the carts for consistency. A ribbon cutting ceremony is being
. planned for mid March.
13B-18
• b) SC Gas Building
Jay Trevino reports that Chapman College is primarily interested in the
YMCA Building. Staff has met with Otis College of Art & Design and
they are very interested in having a satellite campus in Downtown
Santa Ana.
c) Phase III Olson Lofts Status
A new architect was hired. Working drawings are to be submitted in
March.
d) Otis Building Update
Owner is refusing to paint the building. Staff continues to pursue the
owner for compliance with the original agreement that she would paint
the building if we provided the letter from OCTA that the benches
would be moved after the building is painted.
e) Construction of Archway Siqn on South Main Street
Public Works Agency will make a recommendation to Council at its
February 21 meeting to award a contract to the design consultant for
the sign. Construction is scheduled to begin in August. The
Committee would like to work with the consultant on what the sign
would say.
f) Nexus Entry Siqn Update
Nexus has completed a cost estimate of $500,000 for the two signs.
Discussion continues on whether the City should allow Nexus to
complete only one sign, so that remaining funds can be used on public
art for the project.
g) Loft Survey Update
Survey results were passed out to the Committee and discussed.
h) The Depot Marketing Plan Update
Staff distributed binders and discussed with the Committee the plan to
introduce marketing opportunities at The Depot. Staff will begin
banner installation in March, with other opportunities being reviewed
for the 06/07 budget.
13B-19
• 5. PUBLIC COMMENTS -None
6. COMMITTEE MEMBER COMMENTS
Claudia Alvarez asked for staff to investigate the Bowers banner covering
the sign for Taco Adobe on N. Main.
7. ITEMS FOR FUTURE MEETINGS
No new items. Committee agreed to remove The Depot Marketing Plan
until updates occur.
8. NEXT MEETING -March 2, 2006
ADJOURNMENT -The meeting was adjourned at 7 p.m. to March 2, 2006.
~W
Patricia C. Whitaker
Recording Secretary
Community Development Agency
PCW/DM/mlr
i
Main St. Development Committee Minutes 4 February 2, 2006
13B-20
~~ ~J
MEMORANDUM '~
~dUCa LIAR jsC
City Council Meeting Date: March 20, 2006
David Ream
To: City My~nager Date: March 6, 2006
G. Ross, Executive Director
From:/ Pkfblic Works A~
9-t2
Subjc~s~Notification that City Engineer is Reviewing Final Tract Map No. 16775 for Approval
Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides
notice that the City Engineer has received Final Tract Map No. 16775 (City Tract Map
No. 2004-07), for 419 South Newhope Street (Exhibit I), from the owner, Santa Ana
Cottages LLC, and is in the process of reviewing the map for final approval. The
Tentative Tract Map No. 16775 was approved by the City Council on February 7,
2005. The City Engineer shall approve or disapprove this map within 10 days after
the City Council meeting of March 20, 2006.
cc: Mayor and City Council
City Manager
Deputy City Manager of Development Services
Clerk of the Council
T:\Development Services\Subdivision\Memos\FinalTractMap16775Review Notice03_20_06 _ IL.doc
17A-1
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SANTA ANA City Council Title:
Agenda Date
vux~c wea ~cr MARCH 20, 2006
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NEWHOPE STREET
EXHIBIT I
TRACT N0. 16775 ~uostioa ~'~
419 S. NEWHOPE ST.
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
WORKFORCE INVESTMENT ACT
ADDITIONAL FUNDS
~~
~aucation 18t
CITY MA AGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an Appropriation Adjustment recognizing additional revenues of
$4,181 in Title I 15o Incentive Award funds from the State of California
for Workforce Investment Act programs.
DISCUSSION
The State of California has awarded the Santa Ana Workforce Investment
Board with an Incentive Award for meeting performance measures in Program
Year 2004/05. These funds will be used to cover expenses related to the
operation of the Workforce Investment Board.
FISCAL IMPACT
Upon approval of the appropriation adjustment, funds will be available in
the Workforce Investment Act Incentive Award 04-05 account (account no.
123-167-6221).
APPROVED AS TO FUNDS AND ACCOUNTS:
Patricia C. Whitaker
Executive Director
Community Development Agency
PCW/LM/mlr
H:\ACTIONS\2006 CC\WIA Additional Funds 3-20-06.doc
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
20A-1
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
r n'~
.Education {S~
CLERK OF COUNCIL USE ONLY:
CONTRACT AMENDMENTS FOR
ASPHALT STREET MAINTENANCE
AND ASPHALT POTHOLE REPAIR
AND SIDEWALK MAINTENANCE
(SPEC. NOS.04-010 AND 04-046)
U~~~
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Amend the contract with Hardy and Harper, Inc. for asphalt street
maintenance by $330,000 for a total not to exceed $656,910.
2. Amend the contract with Hardy and Harper, Inc. for asphalt
pothole repairs and sidewalk maintenance by $200,000 for a total
not to exceed $525,000.
DISCUSSION
The Public Works Agency's Maintenance Services Division is responsible
for maintaining the street and sidewalks of Santa Ana. In order to do
so, contracts for annual asphalt street maintenance, pothole repair and
sidewalk maintenance are required.
Services provided under the asphalt street maintenance contract include
the excavation and cold milling of existing roadways, the installation
of pavement reinforcement fabric, construction of asphalt concrete
pavement, and crack sealing. Services provided under the pothole
repair and sidewalk maintenance contract include the repair of all
potholes a minimum of six inches wide and one inch deep, and the repair
of damaged pavement areas not exceeding 25 sq. ft. in diameter and two
inches in depth with an asphalt overlay. Sidewalk maintenance provided
includes sidewalk ramping and sidewalk offset grinding, which are used
to reduce risks to pedestrian traffic.
In addition, the asphalt street maintenance contract provides for
repair of pavement affected by water system maintenance. This includes
the repair of water and sewer line trenches and the adjustment of
manhole and water valve covers to the new street surface level.
22A-1
3~
Contract Amendments for Asphalt Street Maintenance
and Asphalt Pothole Repair and Sidewalk Maintenance
(Spec Nos. 04-010 and 04-046)
March 20, 2006
Page 2
On July 5, 2005, the City Council renewed the contracts with Hardy &
Harper, Inc., a Santa Ana vendor, for a one-year period. Recently,
funds from Proposition 42 have become available for use by the
Maintenance Services Division for street maintenance. The funds will
be added to the Hardy & Harper contracts to allow additional street
maintenance to be performed during the contract terms. Also, Water
Resources funds will be added to the street maintenance contract to
cover the costs associated with water and sewer line trench repairs and
manhole and water valve cover adjustments.
FISCAL IMPACT
Funds are available in the Public Works Traffic Congestion Relief
Improvement Other Than Building and the Water Utility Water System
Maintenance Other Contractual Services accounts (account nos. 28-552-
6631 and 64-575-6291).
APPROVED AS TO FUNDS & ACCOUNTS:
James G. Ross
Executive Director
public works Agency
JGR/WO/04-O10A.9 & 04-046-A.9:uc
~G2~y~ ~~~L.IGtitG~it - .
~~ Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22A-2
REQUEST FOR ~~
COUNCIL ACTION ~c~Fa~~~et,on,s~~
~~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MARCH 20, 2006
TITLE:
CONTRACT AWARD FOR
STREET SWEEPERS
(SPEC. NO. 06-008)
CITY MANAGER
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to Haaker Equipment Company for the purchase of two
street sweepers in the amount of $508,099.43; and increase the
aggregate limit for large equipment parts and service for a two-year
period in an annual amount not to exceed $60,000.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department.
The Public Works Agency uses 11 street sweepers to cover over 400 miles
of residential streets, 100 miles of primary streets, 50 miles of
industrial areas, and 25 miles of alleys. The program also includes
sweeping over 81,000 curb miles and the removal of 11,000 cubic yards
of gutter litter each year. Due to age, engine hours, and worn
condition, two 1999 Athey sweepers have been approved for replacement
in the current fiscal year. To comply with Air Quality Management
District standards, the new street sweepers will be compressed natural
gas units. Specifications for the new sweepers also call for a high
right side dump hopper system to accommodate proper disposal directly
to the Waste Management trash dumpsters.
The notice inviting bids was advertised on January 18 and 20, 2006, and
bids were solicited. A summary of the bid invitations and bids
received is as follows:
5 Invitations For Bid mailed
2 Bids received
22B-1
~~ 3B3
Contract Award for Street Sweepers
(SPEC. NO. 06-008)
March 20, 2006
Page 2
Bids were received, opened on February 1, 2006, and evaluated. Bid
results are as follows:
Vendor:
Location:
Amount:
Haaker Equipment Company La Verne
Kelly Equipment Rancho Cucamonga
$508,099.43
$538,731.40
The bid received from Haaker Equipment Company is responsive to the
specifications and meets the City's requirements.
On October 17, 2005, the City Council awarded a contract to Haaker
Equipment Company for large equipment parts and service. However, the
purchase of two additional street sweepers, when added to the current
two sewer trucks and four Elgin street sweepers purchased from Haaker
Equipment Company, exceeds the anticipated volume of service and parts.
In order for Fleet Maintenance to continue using the Haaker Equipment
Company for parts and service, staff recommends Council approval of an
increased blanket order contract.
FISCAL IMPACT
Funds are available in the Equipment Replacement Machinery & Equipment
and the Fleet Service Equipment Maintenance Operating Material &
Supplies account (account nos. 76-145-6641 and 75-111-6391).
~~ t
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FG/KM/06-008.2:uc
22B-2
REQUEST FOR ~~
COUNCIL A.CTlON ~Ed"~~A~~on,s~
~~~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MARCH 20, 2006
TITLE:
CONTRACT AWARD FOR
PAINTING SERVICES
(SPEC. N0.06-014)
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Award a contract to Wilson & Hampton Painting Contractors for painting
services in an amount not to exceed $19,843.
DISCUSSION
The Police Department is responsible for the general maintenance of the
Police Administration Building and Jail Facility. Painting of the
exterior is necessary to repair and prevent damage due to normal
exposure to the elements. The contract will provide for painting of
the sun exposed east and south facing window mullions. Painting will
improve their appearance and help in maintaining clean, attractive
facilities.
The notice inviting bids was advertised on December 9 and 12, 2005, and
bids were solicited. A summary of the bid invitations and bids
received is as follows:
14 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
2 Bids received
Bids were received and opened on February 27, 2006. The results are as
follows:
Vendor:
Wilson & Hampton Painting Contractors
US National Corp
Location: Cost:
Anaheim $19,843
Panorama City $53,600
22C-1
CS 383
Contract Award for Painting Services
(Spec. No.06-014)
March 20, 2006
Page 2
The bid received from Wilson
responsive to the specification.
& Hampton Painting Contractors is
FISCAL IMPACT
Funds are available in the Police Building & Facilities Other
Contractual Services account (account no. 11-350-6291).
APPROVED AS TOFUNDSAND ACCOUNTS:
Paul M. Walters
Chief of Police
PMW/BP/06-014.27:uc
~,
~~w~u' L i:~~ ~ B J ~~ .~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
CONTRACT AMENDMENT FOR TASER
ELECTRONIC CONTROL DEVICES,
ANIl~IUNITION AND ACCESSORIES
(SPEC. NO. 06-019)
r n'~
CEducnl~on ~,.
CLERK OF COUNCIL USE ONLY:
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Amend the contract with ProForce Law Enforcement to increase the
aggregate limit by $12,500 for Taser electronic control devices,
ammunition and accessories for an annual amount not to exceed $22,500.
DISCUSSION
The Police Agencies utilize electronic control devices to gain control
over a violently resisting subject. The Santa Ana Police Department
requires ten X26 Taser electronic control devices to replace,
supplement, and upgrade the department's current inventory of M26 Taser
electronic devices. The M26 Tasers purchased in 2001 are obsolete and
due for replacement. The current, new model X26 Taser electronic
device is smaller, lighter, and more effective. Ammunition and
accessories for the X26 Taser are also required.
The purchase of the X26 Taser electronic control devices, ammunition,
and accessories, when added to the vendor's fiscal purchases will
exceed the $10,000 aggregate total, and requires Council approval.
Participating police agencies utilize the ProForce Law Enforcement
Taser standard. ProForce Law Enforcement is the sole source
distributor for the X26 Taser electronic control devices, ammunition,
and accessories for California and recommends Council approval of an
amendment to the contract.
22D-1
C 5 38J
Contract Amendment for Taser Electronic
Control Devices, Ammunition and Accessories
(SPEC. NO. 06-019)
March 20, 2006
Page 2
FISCAL IMPACT
Funds are available in the Criminal Activities Fund Other Materials &
Supplies account (account no. 26-342-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~
~~,.,`~
Paul M. Walters
Chief of Police
~~ ev~.~ .:ter ~ _> <~ ,-~ :,"^ n_~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
PMW/TO/06-019A.7:uc
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
CONTRACT AWARD FOR
MOTOR REPLACEMENT AT
GARTHE PUMPING STATION
(SPEC. NO. 06-027)
r n'~
`E^aUCAt 1 0J1 INS[i~1\
`1/ \ ~
VVV CLERK OF COUNCIL USE ONLY:
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Bakersfield Well and Pump Co. for the purchase and
installation of motors at the Garthe Pumping Station in the amount of
$30,052.
DISCUSSION
The Public Works Agency's Water Resources Division is upgrading the
motor control center at the Garthe Pumping Station. The upgrade will
include the installation of variable speed motor drives. The existing
pump motors operate with low efficiency and are not compatible with a
variable speed motor drive. The motors will be replaced with 96.4
percent efficient motors that are compatible with a variable speed
motor drive. Once the upgrade at the Garthe Pumping Station is
complete, the pumps will start more smoothly, use less energy, and the
pressure surging into the water lines will be reduced.
The notice inviting bids was advertised on February 13 and 15, 2006,
and bids were solicited. A summary of the bid invitations and bids
received is as follows:
15 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
3 Bids received
Bids were received, opened on February 28, 2006, and evaluated (Exhibit
1) The bid received from Bakersfield Well and Pump Co. is responsive
to the specifications and meets the City's requirements.
22E-1
CS 3d3
Contract Award for Motor Replacement
at Garthe Pumping Station
(Spec. No. 06-027)
March 20, 2006
Page 2
FISCAL IMPACT
Funds are budgeted and available
and Supply Operating Materials
574-6391).
in the Water Utility Water Production
and Supplies account (account no. 64-
+` Ja s G. Ross
Executive Director
~ublic Works Agency
JGR/WO/06-027.9:uc
APPROVED AS TO FUNDS AND ACCOUNTS:
ter.--~.~ ~ .~~~ ~~y..y,~,
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22E-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR MOTOR
REPLACEMENT AT GARTHE PUMPING STATION
(Spec. No. 06-027)
Vendor Bakersfield SoCal Pump and Riv-Or Counties
Well and Pump Well Drilling, Pump Company
Company Inc.
Location Bakersfield Riverside Riverside
Labor/
Materials* $28,139.00 $29,010.00 $31,916.00
Price
*Tax @ 7.750 $ 1,912.85 $ 1,907.28 $ 2,473.49
(materials
only)
Total
Cost $30,051.85 $30,917.28 $34,389.49
to Local
Vendor N/A N/A N/A
Preference
EXHIBIT 1
22E-3
22E-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
CONTRACT AWARD FOR
CELLULAR PHONES, ACCESSORIES,
AND AIRTIME SERVICE
(SPEC. N0.06-032)
r n'~
a~;~~ts~n ,y~~
-,'j^~
CLERK OF COUNCIL USE ONLY:
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award contracts for cellular phones, accessories, and airtime service
based upon State of California contracts for a period of three-years in
the annual aggregate amount not to exceed $345,000 with the following
vendors:
Nextel Communications
Verizon Wireless
DISCUSSION
The City of Santa Ana utilizes cellular phones and airtime services for
field personnel, and for staff required to respond in immediate or
emergency situations. Verizon Wireless provides a variety of analog
and digital cellular phones designed to meet the individual
requirements of staff. Nextel Communications provides a dual system
phone that functions both as a mobile phone and two-way radio,
providing a link between field personnel and office operations. Both
vendors provide various airtime plans to fit staff requirements.
Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase
against contracts from any public agency utilizing a competitive
process. Recently, the State of California awarded contracts for
cellular phones, accessories, and airtime service to Nextel
Communications and Verizon Wireless. The contracts were awarded based
upon a competitive bid process, and will provide the City with the
current cellular phone equipment and service as well as substantial
discounts from list price.
22F-1
r.s' aa3
Contract Award for Cellular Phones,
Accessories, and Airtime Service
(Spec. No.06-032)
March 20, 2006
Page 2
FISCAL IMPACT
Funds are available in the various departmental Communications accounts
(object code 6211)
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FG/WO/06-032.273:uc
22F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
r n'~
`ga~~c align ,st
l CLERK OF COUNCIL USE ONLY:
MARCH 20, 2006
TITLE: APPROVED
^ As Recommended
CONTRACT AMENDMENT FOR ^ As Amended
FORD VEHICLE PARTS AND SERVICE ^ Ordinance on 1st Reading
(SPEC . NO. 0 6 - 0 4 0 ) ^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Amend the contract with Power Ford Tustin to increase the aggregate
limit by $40,000 for OEM Ford vehicle parts and service for a one-year
period in an annual amount not to exceed $100,000.
DISCUSSION
The Finance and Management Fleet Maintenance Division is responsible
for the maintenance and repair of the City's 800 fleet vehicles.
Twenty-two percent of the vehicles are Ford trucks, sedans and utility
vehicles including 118 Ford Crown Victoria police patrol sedans. Fleet
Maintenance maintains an Original Equipment Manufacturer (OEM) parts
inventory for shop work and contracts out service that cannot be
performed on-site at the Corporate Yard for lack of appropriate
equipment or service covered under a vehicle warranty offer.
Over the past year, Fleet has experienced an increase in Ford vehicle
repairs. Since the contract is in the final year, staff requests an
increase to the aggregate limit with Power Ford Tustin. The increase
will provide uninterrupted purchase of parts and service while bids are
solicited.
FISCAL IMPACT
Funds are available in the Equipment Maintenance Garage Operation Other
Contractual Services and Operating Material & Supplies accounts
(account nos. 75-111-6291 and 75-111-6391).
Francisco Gutierrez
Executive Director
Finance and Management Services A ency
FG/KM/06-040A.2:uc 2~G-1 53~;
22G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
CONTRACT AMENDMENT FOR
SERVICE OF HEAVY DUTY VEHICLES
(SPEC. N0.06-041)
r n'~
~Edacat~on 1st
~...,
CLERK OF COUNCIL USE ONLY:
CITY ANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Amend the contract with Mr. D's Automotive to increase the aggregate
limit by $20,000 for service of heavy duty vehicles for a one-year
period, in an annual amount not to exceed $30,000.
DISCUSSION
The Finance and Management Fleet Maintenance Division is responsible
for the maintenance and repair of the City's 800 fleet vehicles both
sedans and heavy duty vehicles at the Corporate Yard facility.
However, some vehicles repairs are directed to outside vendors for
their expertise when Fleet lacks appropriate equipment. Mr. D's
Automotive has consistently provided low-cost service and discount
pricing for heavy-duty vehicle frame, wheel, brake and alignment
service. The number of vehicles requiring service has increased,
therefore exceeding the $10,000 vendor limit. As such, staff
recommends Council approval of an amendment to the contract to provide
uninterrupted service while bids are solicited.
FISCAL IMPACT
Funds are available in the Equipment Maintenance Garage Operation Other
Contractual Services account (account no. 75-111-6291).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FG/KM/06-041A.2:uc ~~~_~
~s ~~;
22H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
CONTRACT AWARD FOR JEROME
PARK POOL HOUSE IMPROVEMENTS
(PROJECT NO. 04-6404A)
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to Coppertop Enterprises, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $109,699.95 for construction of Jerome Park Pool
House Improvements.
2. Approve a Funding Analysis with a total estimated construction cost
of $142,600.
DISCUSSION
The roof at the Jerome Park Pool House has deteriorated due to weather
(Exhibit 1). Normal maintenance will no longer keep water from leaking
through the roof . As a result, water damage is taking its toll on the
interiors of the building. The floor on the second floor of the building
has also deteriorated due to water leakage. This project provides for
the removal and replacement of the deteriorated roofing materials and the
damaged plywood sheathing of the second floor. In addition, various
improvements will be made to provide access to the building for people
with disabilities and increase safety for the pool area.
The Notice Inviting Bids was advertised on January 18 and 20, 2006, and
bids were opened on February 16, 2006. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Contractors requesting bidding documents: 3
Bids received: 1
Bids received from Santa Ana Contractors: 0
Santa Ana Contractors receiving notices: 3
~~
Eduntion 1st
23A-1
Kt(:UMMtNUtU AGTIVN
Jerome Park Pool House Improvements
Project No. 04-6404A
March 20, 2006
Page 2
NAME OF BIDDER
CITY
BID AMOUNT
1. Coppertop Enterprises, Inc.
Costa Mesa
109,699.95
One bid was received and it was responsive. The bid was submitted by
Coppertop Enterprises, Inc., for $109,699.95, which is above the
Engineer's estimate of $70,000. The high bid is attributed to the lack of
competition. The bidding period on this project was extended due to the
limited number of bidders requesting bidding documents; still only one
bid was received.
ENVIRONMENTAL IMPACT
A class 1 Categorical Exemption will be filed for this project pursuant
to the California Environmental Quality Act. Upon award of the contract,
the environment documents will be recorded with the county of Orange.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$142,600 for the project (Exhibit 2). Funds are available in the Roberti
Z'Berg Harris Grant fund, (account no. 161-270-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
~u ~, ,
d .~
James G. R ss Francisco Gutierrez ~,/'
Executive Director Executive Director (`~
Public Works Agency Finance & Mgmt. Services Agency
I
Gerardo Mouet
Executive Di ector
Parks, Recreation and
Community Services Agency
K:\Construction\RFCA-draft\04-6404A 2006-03-20 WD
23A-2
EXHIBIT 1
NTS
SANTA n"A Title
City Council CONTRACT AWARD FOR
P I~~ ~~~ Agenda Date JEROME PARK POOL HOUSE IMPROVEMENTS
March 20, 2006 PROJECT 04-6404A
Pu&iC WORKS AGENCY
~~
_~
K:\Prajeci s~0esiOn\A~tive~PARI( PROJ~ROOi Projetfs 2604\ierame~rfca.Ogn
FUNDING ANALYSIS
PROJECT 04-6404A
JEROME PARK POOL HOUSE
IMPROVEMENTS
Construction Contract $109,699
Contract Administration 7,931
Inspection and Testing 14,000
Contingencies 10,970
TOTAL ESTIMATED CONSTRUCTION COSTS $142,600
Exhibit 2
23A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
CONTRACT AWARD FOR FLOWER
STREET BIKE TRAIL AND
LANDSCAPE IMPROVEMENTS
(PROJECT NO. 1768)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to L H Engineering Company, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $465,858 for construction of Flower Street bike
trail structure and landscaping improvements.
2. Approve a Funding Analysis with a total estimated construction cost
of $582,200.
DISCIISSION
The Flower Street bike trail is a critical component of the City's
Bikeway Master Plan, as well as an integral part of the Orange County
Commuter Bikeways Strategic Plan (Exhibit 1). The proposed bike trail
project provides a gap closure and joins the recently constructed
Alton/Maple bike trail and the existing Flower Street bike trail at
Dyer/Segerstrom. The project consists of constructing a concrete
structure over the Santa Ana/Delhi Channel and a 10-foot wide asphalt
concrete bike trail with landscape on both sides of the trail. Once
completed, the new bike trail will ensure the safety of bicyclists by
providing an off-street route and beautify the community.
The Notice Inviting Bids was advertised on January 18 and 20, 2006, and
bids were opened on February 23, 2006. A summary of the bid invitations
mailed, received, and bid results follows.
Santa Ana Contractors receiving notices:
Contractors requesting bidding documents:
Bids received:
Bids received from Santa Ana Contractors:
r "~
Qducadon lat
9
13
4
0
23B-1
Flower Street Bike Trail and Landscape Improvements
Project No. 1768
March 20, 2006
Page 2
Name Of Bidder City Bid Amount
1. L H Engineering Company, Inc. Anaheim $ 465,858
2. Powell Constructors Fontana $ 540,527
3. Peterson-Chase General Irvine $ 598,830
Engineering Construction, Inc.
4. G.B. Cooke, Inc. Azusa $ 670,215
A total of 4 bids were received and all were responsive. L H Engineering
Company, Inc. submitted the lowest bid for $465,858, which is above the
Engineer's estimate of $371,210. The high bid is due to the uniqueness
of the project .
ENVIRONMENTAL IMPACT
Environmental Review No. 2000-078 has been completed and a Categorical
Exemption has been filed for this project pursuant to the California
Environmental Quality Act.
FISCAL IMPACT
The Funding Analysis shows a total estimated construction cost of
$582,200 for the project (Exhibit 2) Funds are available in the Select
Street Construction and Measure M Street Construction Funds (account
nos. 59-551-6631 and 32-551-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
J~ -~
James G. Rc~s
Executive Director
Public Works Agency
Francisco Gutierrez
Executive Director ,
Finance & Mgt. Services Agency ~~
.__.;
K:/Construction\RFCA-draft/RFCA 1768 2006-3-20 90 WD
23B-2
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Existing Alton/Maple
Bike Trail
SANTA ANA
City Council Title:
P W A Agenda Date FLOWER ST. BIKE TRAIL STRUCTURAL
AND LANDSCAPING IMPROVEMENT
March 20, Zoos (PROJECT NO.1768)
PI.BEC womcs acEx[x
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FUNDING ANALYSIS
PROJECT 1768
FLOWER STREET BIKE TRAIL AND LANDSCAPING IMPROVEMENTS
Construction Contract $465,585
Contract Administration 19,200
Inspection and Testing 27,600
Survey 22,956
Contingencies 46,586
TOTAL ESTIMATED CONSTRUCTION COSTS $582,200
Exhibit 2
23B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
t~ ~~i
Eduction 1st
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15i Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Accept the advisory poll results and approve the funding and
installation of speed humps on Sydney Street, Hobart Street, and
Glenwood Place.
ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) RECOMMENDATION:
Recommend the City Council approve the funding and installation of speed
humps on Sydney Street, Hobart Street, and Glenwood Place, by a vote of
4:0 at the meeting of February 9, 2006. (Reyes abstained; Loverin and
Older absent.)
DISCUSSION
On October 13, 2005, ETAC approved the areas of impact for polling of
speed humps on Sydney Street, Hobart Street, and Glenwood Place
(Exhibits 1, 2 and 3). Neighborhood meetings were conducted on December
6th and 8th, 2005 to explain the speed hump and advisory polling process.
Mailing of the ballots to the residents in each area of impact occurred
shortly thereafter with a return date of January 31, 2006.
The advisory poll results are as follows:
Sydney St. Hobart St. Glenwood Place
Total Ballots Mailed 17 26 68
Total Ballots Received 10 12 18
Rate of Return 59% 46% 26%
Invalid Ballots 1 0 4
Total Valid Ballots 9 12 14
Valid Ballots Not in Favor
of the Speed Humps (0%) (0%) (14%)
Valid Ballots in Favor of
the Speed Humps (1000 (1000 (86~)
23C-1
INSTALLATION OF SPEED HUMPS
ON SYDNEY STREET, HOBART
STREET, AND GLENWOOD PLACE
Installation of Speed Humps on
Sydney Street, Hobart Street, and Glenwood Place
March 20, 2006
Page 2
ETAC accepted the advisory poll results and recommended to City Council
the installation of speed humps on Sydney Street, Hobart Street, and
Glenwood Place (see Exhibits 1, 2, and 3) at their February 9, 2006
meeting.
Following City Council approval, staff will prepare the design,
specifications, and bid package with construction expected to begin May
2006.
ENVIRONMENTAL IMPACT
After completion of the Environmental Review, a Categorical Exemption
will be filed pursuant to the California Environmental Quality Act.
FISCAL IMPACT
The estimated cost to install three speed hump locations is $35,000.
Funds are available in the Select Street Construction Fund (account no.
59-551-6631, project no. 04-1002).
APPROVED AS TO FUNDS AND ACCOUNTS:
-, /f ~ /~
James G. Ross :. ~/~rancisco Gutierrez
Executive Director '7~ Executive Director
Public Works Agency VV Finance & Mgmt. Services Agency
23C-2
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® SPEED HUMP STREET SEGMENT
PRELIMINARY AREA OF IMPACT
PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT
SYDNEY STREET
SANT~ CITY COUNCIL
P~ W A ~ Agenda Date
~~t ~~~r / MARCH 20.2006
Title: t
FY 2005--06 SPEED HUMP PRIORITY
LIST AND PROPOSED SPEED E~tiai ~~
HUMP LOCATIONS
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23C-3
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® SPEED HUMP STREET SEGMENT
PRELIMINARY AREA OF IMPACT
PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT
HOBART STREET
SANTA ANA CITY COUNCIL Title:
~~ FY 2005-06 SPEED HUMP PRIORITY
P~W~ Agenda Date LIST AND PROPOSED SPEED
MARCH 20. 2006 Eb~'~'°" '~
`~""~_'~~ HUMP LOCATIONS
KAIR~FHC~b6I1~8P® IIIIIP~F.OSpp~pg~llfiFEA AlEA OF SPAR II C! 6SCU1
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23C-4
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GLENWOOD PLACE
SAN~;,,~ CITY COUNCIL Title:
P~ Agenda Date FY 2005-06 SPEED HUMP PRIORITY
%Rl[ tIgIXS AfFNCY
MARCH 20. 2006 HUMP LOCATIO OS ED SPEED
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EXHIBIT 3
23C-5
23C-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 17, 2006
TITLE:
AMENDED AGREEMENT WITH WASTE
MANAGEMENT INC. FOR REFUSE
COLLECTION AND RECYCLING
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO ~ - ~ - ~, ~ ~_~~~~
~ -~~G ~
FILE NUMBER
Approve and authorize the City Manager and the Clerk of the Council to
execute an amended agreement with Waste Management Inc. for collection
and recycling of the City's solid waste.
DISCUSSION
In 1996 the City entered into an exclusive agreement with Waste
Management Inc. to collect and recycle the City's residential, commercial
and industrial waste. With that agreement the City implemented the
three-cart curbside program, the wet/dry commercial program and the
sorted industrial waste programs that are currently in place. That
agreement has been amended to provide alley and parkway clean-up.
The proposed amended agreement will incorporate the additional services
to the City into one agreement and extend the term of the agreement
through the year 2018. In exchange, the City will receive $1,000,000 in
fiscal year 05-06 and $500,000 in each of the remaining years of the
agreement. These payments will not affect customer rates.
Customer rates will continue to be competitive. In 2004 Santa Ana's
curbside rates were mid range and commercial rates were in the lower one-
third of the rates in the County. Currently, these rates may be
increased each year by 7.5~. With the proposed amended agreement the
rates can only be increased each year by 5 percent.
Under the proposed amended agreement Waste Management will continue to
utilize the trucks purchased by the City in 1996 and will begin replacing
them in 2006 with low emission vehicles. In addition, collection of
televisions, computers and monitors will be included with the City's
large item pickup service for curbside customers.
~~
Qduntion 1st
25A-1
KCVVMMtNUtU AL 1 IVN
Amended Agreement With
Waste Management Inc.
January 17, 2006
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City will receive $1,000,000 in fiscal year 05-06 and $500,000 each
year thereafter through the term of the agreement. The funds will be
deposited into the refuse collection fund (account no. 69-01-5112).
James G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25A-2
THIRD AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTES GENERATED, PRODUCED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
by and between
THE CITY OF SANTA ANA
AND
USA WASTE OF CALIFORNIA INC.
25A-3
TABLE OF CONTENTS
RECITALS .................................................................................................................................... 1
AG REEMENT .............................................................................................................................. 2
1. GRANT OF CONTRACT ...................................................................................................... 2
2. TERM OF CONTRACT ......................................................................................................... 2
3. DEFINITIONS ........................................................................................................................ 3
4. SCOPE OF SERVICE ............................................................................................................ 6
5. COLLECTION HOURS ......................................................................................................... 7
6. HOLIDAYS ............................................................................................................................. 7
7. FREQUENCY OF COLLECTIONS ...................................................................................... 7
8. MAINTENANCE OF SCHEDULES ..................................................................................... 7
9. EXCLUSIVENESS OF AGREEMENT ................................................................................ 7
10. SOLID WASTE PROGRAM SURCHARGE ...................................................................... 9
11. AUTOMATED SYSTEM ..................................................................................................... 9
(a) LICENSE .................................................................................................................... 9
(b) FINANCING ............................................................................................................ 10
(c) MAINTENANCE OF LICENSED EQUIPMENT ................................................. 10
(d) OPERATION OF LICENSED EQUIPMENT ........................................................ 10
(e) FUEL FOR LICENSED EQUIPMENT .................................................................... 10
(fl OPTION TO PURCHASE ....................................................................................... 10
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL
COLLECTION VEHICLES ............................................................................................. 11
i
2 5A-4
12. COLLECTION POINTS AND REQUIlZEMENTS ........................................................... 11
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS ................................................................................................................ 12
(a) CITY GOVERNMENT OPERATIONS ................................................................. 12
(b) STREET SWEEPING .............................................................................................. 12
(c) NEIGHBORHOOD CLEANUPS ........................................................................... 12
14. COLLECTION, RECYCLING, YARD WASTE DNERSION AND DISPOSAL
REQUIItEMENTS ......................................................................................................... 13
(a) CURBSIDE SERVICE ............................................................................................ 13
(1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts....... 13
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts ............... 13
(3) Yard Waste Collection and Recycling Plastic Carts ................................... 13
(b) BIN SERVICE ......................................................................................................... 13
(c) ROLL-OFF SERVICE ............................................................................................. 14
(d) TEMPORARY BIN SERVICE ............................................................................... 14
(e) PARKWAY CLEANUP FOLLOWING GARAGE SALES ...................................14
(fl ALLEY CLEANUP FOLLOWING THE FIRST OF EACH MONTH ...................14
(g) DISPOSAL ............................................................................................................... 14
15. SYSTEM SAVINGS ........................................................................................................... 15
(a) SAVINGS PAYABLE TO CITY ............................................................................ 15
(b) POSSIBLE ADDITIONAL SAVINGS ................................................................... 15
16. C1WMA REPORTING REQUIREMENTS ....................................................................... 15
17. SRRE CONSULTANT ........................................................................................................ 16
ii
25A-5
18. PUBLIC EDUCATION SERVICES ................................................................................... 16
19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE .................................. 17
20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS ....................................... 18
21. COLLECTION OF BULKY ITEMS .................................................................................. 18
22. CURBSIDE SERVICE PAYMENTS ................................................................................. 19
23. RESIDENTIAL BIN SERVICE RATES ............................................................................ 19
24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES ................................................. 20
25. ROLL-OFF SERVICE RATES ........................................................................................... 20
26. COMPENSATION FOR GRANTS .................................................................................... 21
27. ADNSTMENTS TO CHARGES ....................................................................................... 21
(a) HAULING AND PROCESSING CHARGES ........................................................ 21
(1) PRICE INDICES .......................................................................................... 21
(2) CURBSIDE SERVICE ................................................................................. 21
(3) BIN SERVICE AND ROLL-OFF SERVICE .............................................. 21
(b) GATE FEES ............................................................................................................. 21
(c) SOLID WASTE PROGRAM SURCHARGE ........................................................ 21
(d) ADMINISTRATNE COST ...................................................................................... 22
28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS .............. 22
29. MINIMUM SERVICE LEVELS -MULTI-FAMILY RESIDENTIAL BUILDINGS...... 22
30. MIlVIMUM SERVICE LEVELS -COMMERCIAL/INDUSTRIAL BIN SERVICE
AND ROLL-OFF SERVICES ....................................................................................... 23
31. SERVICE STANDARDS .................................................................................................... 23
32. SUPERVISION .................................................................................................................... 24
iii
25A-6
33. TITLE TO SOLID WASTE ................................................................................................. 24
34. FAII.URE TO COLLECT .................................................................................................... 24
35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT .............................. 25
36. LIQUIDATED DAMAGES ................................................................................................ 27
37. USE BY CITY OF CONTRACTOR'S EQUIPMENT ....................................................... 27
38. COMPLAINTS .................................................................................................................... 28
39. COMPENSATION REDUCTION DURING STRIKE PERIOD ...................................... 28
40. FEES AND GRATUITIES .................................................................................................. 29
41. LEGAL RELATIONS AND RESPONSIBIL,ITIES ........................................................... 29
(a) Applicable Laws ....................................................................................................... 30
(b) Personnel .................................................................................................................. 30
(c) Permits and Licenses ................................................................................................ 30
(d) Workers' Compensation Policy ................................................................................ 30
(e) Public Liability Insurance ......................................................................................... 30
(f) Insurance Responsibility for City Owned Solid Waste Collection
and Recycling Vehicles ...............................................................................................31
(g) Indemnification ........................................................................................................ 31
(h) Enforcement of Scope of Services ........................................................................... 31
(i) Waivers ...................................................................................................................... 32
42. SUBCONTRACTORS AND MANAGEMENT ................................................................ 32
43. ACCOUNTING AND AUDITING ..................................................................................... 32
44. BOND ................................................................................................................................... 32
45. MEDIA RELATIONS ......................................................................................................... 33
rv
25A-7
46. NOTICES ............................................................................................................................. 33
47. GENDER AND NUMBER ................................................................................................. 33
48. VALIDITY ........................................................................................................................... 33
49. ASSIGNABII.,ITY ................................................................................................................ 34
50. GOVERNING LAW ............................................................................................................ 34
WASTE MANAGEMENT HOLDINGS INC. GUARANTEE
EXHIBIT "A" --- THE LICENSED EQUIPMENT
EXHIBIT "B" ---NOT REQUIltED
EXHIBIT "C" --- RATES
EXHIBIT "D" --- PAYMENT SCHEDULE ON THE C.O.P.S
v
25A-8
THIRD AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTE GENERATED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
This THIRD AMENDED AND RESTATED AGREEMENT, made and entered into
this day of , 2005 by and between the City of Santa Ana, a charter city and
municipal corporation duly authorized under the Constitution and laws of the State of California
(referred to herein as "City")," and USA Waste of California Inc., a Delaware corporation dba Waste
Management of Orange County, formally Great Western Reclamation, a division of Waste
Management Collection and Recycling, Inc, a California corporation, hereinafter called,
"CONTRACTOR,"
RECITALS
1. The Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989, Division 30 of the California Public Resources Code, commencing with
Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local
agencies to make adequate provisions for Solid Waste handling within their jurisdictions.
2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well
being require that the collection, transportation, and recycling, diversion by means of composting,
mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency
and means of such collection, transportation and recycling, yard waste diversion or disposal, and the
charges and fees therefore, be provided by contract to a qualified contractor.
3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid
Waste collection and handling (the "Original Agreement").
4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in
the best interest of the CITY and the residents therein that the Original Agreement be revised to provide
for Sold Waste collection, recycling and disposal of Curbside Service Units by means of automated
Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts.
5. On June 1, 1996, CITY and CONTRACTOR entered into an agreement entitled "Amended
and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in
the City of Santa Ana" (hereinafter referred to as "Amended Agreement" to effectuate the new
curbside service collection program.
6. On June 19, 1997, CITY and Contractor entered into an Agreement entitled "Second
Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or
Accumulated in the City of Santa Ana" to clarify the responsibilities associated with the collection,
handling, and processing of solid waste collected by Contractor.
1
25A-9
7. Since the execution of the "Second Amended and Restated Agreement for the Collection
and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Second
Amended Agreement"), City and Contractor have worked together to achieve many significant
advancements in environmental stewardship in the City of Santa Ana. In part, due to the joint efforts of
the City and Contractor, the City has been able to consistently comply with the 50% diversion
requirements as imposed by the State of California.
8. Since the execution of the Second Amended Agreement, City and Contractor have
developed new programs to increase recycling and reduce illegal disposal of used oil
9. Since the execution of the Second Amended Agreement, City and Contractor have
developed new programs to reduce illegal dumping and litter throughout the City.
10. Since the execution of the Second Amended Agreement City and Contractor have jointly
concurred to amend the Second Amended Agreement to include the above improved environmental
quality measures.
11. The parties again desire to amend the Second Amended Agreement in its entirety to
incorporate the provisions of previous amendments and to extend the term of the Agreement in
exchange for additional payments. Said additional payments will not affect the rates paid by Santa Ana
customers. City and USA Waste agree that USA Waste will bear the entire cost of these payments to
the City of Santa Ana as consideration for extending the term of the Second Amended Agreement.
The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to
provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and
the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste
diversion, and disposal, and to perform such services on the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and
mutual covenants and promises hereinafter contained and made, and subject to all the terms and
conditions hereof, the parties hereto do hereby agree as follows:
1. GRANT OF CONTRACT:
CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right
and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming,
dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein
defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of
Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to
faithfully perform such contract and obligation.
2. TERM OF CONTRACT:
2
25A-10
The term of this Agreement shall begin upon execution of this Agreement and shall extend to
June 30, 2018.
3. DEFINITIONS:
As used in this Agreement, the following words and phrases shall have the meaning assigned in
this section, unless the context at the point of usage clearly requires a different meaning.
(1). Agreement shall mean this Amended and Restated Agreement, including the exhibits
thereto and the documents incorporated herein by reference.
(2). Auditor shall mean the certified public accountant firm retained by City for auditing
services.
(3). Bin Service shall mean all Solid Waste collection services provided by CONTRACTOR by
means offront-loaded collection bins of various sizes.
(4). California Integrated Waste Management Act ("CIWMA") shall mean that act codified by
California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto.
(5). California Integrated Waste Management Board shall mean the Board created by the
California Integrated Waste Management Act, and any subsequent modifications thereto, and shall
encompass any other agency which assumes the duties of this Board.
(6). CITY shall mean the City of Santa Ana.
(7). C~ Attorney shall mean the City Attorney of CITY.
(8). C~ Council shall mean the City Council of CITY.
(9). City Manager shall mean the City Manager of CITY.
(10). Clerk of the Council shall mean the Clerk of the Council of CITY.
(11). Code shall mean the Municipal Code of CITY, both codified and miscellaneous
ordinances.
(12). CommerciaUIndustrial Bin Service shall mean Bin Service which is provided by
CONTRACTOR to commercial and/or industrial units.
(13). Commercial Solid Wastes shall mean Solid Waste originating from stores, business
offices, commercial warehouses, hospitals, educational, health care, military and correctional
institutions, non-profit research organizations and government offices.
(14). Compost means the product resulting from the controlled biological decomposition of
3
25A-11
organic wastes that are source separated from the Solid Waste stream.
(15). Composting means a method of waste treatment which produces a product meeting the
definition of "compost" herein.
(16). Composting Facility means a state permitted Solid Waste facility at which composting is
conducted and which produces a product meeting the definition of compost.
(17). Construction and Demolition Solid Waste includes Solid Wastes, such as building
materials, and packaging and rubble resulting from construction, remodeling, repair and demolition
operations on streets, pavements, houses, commercial buildings, and other structures.
(18). Contract shall mean this Agreement, entered into between CITY and CONTRACTOR.
(19). CONTRACTOR shall mean USA Waste of California Inc., a California corporation, and
shall also include the parent company Waste Management, Inc.
(20). Curbside Service Unit shall mean each single family residence and duplex unit which
receives curbside collection services provided by CONTRACTOR. This shall include commercial
curbside users and any multi-family, business or professional user which does not require Bin Service
as determined by the Executive Director.
(21). Customer shall mean a user of CONTRACTOR's bin or roll-off container service.
(22). Disposal Site shall mean any licensed landfill site permitted by the California Integrated
Waste Management Board for the receipt and ultimate disposition of Solid Waste.
(23). Executive Director shall mean the Executive Director of Public Works of CITY, or his or
her designate.
(24). Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed of at said
site. Gate Fees are also known as "tipping" fees and "landfill" fees.
(25). Gross Receipts means and includes all revenues actually received by CONTRACTOR
arising from, or attributable to, the services provided by CONTRACTOR to its Customers in the CITY
pursuant to this Agreement. Gross Receipts include Gate Fees as defined herein. Gross Revenue does
not include any revenue received by CONTRACTOR from the sale of Recyclable Solid Waste.
(26). Hauling Charges shall mean those portions of the curbside, bin, roll-off and other rates
provided for in this Agreement which compensate CONTRACTOR for the Solid Waste collection and
transporting services required of CONTRACTOR under this Agreement. The parties have agreed upon
the initial Hauling Charges as set forth hereinafter, and such charges are subject to adjustments as
provided in this Agreement.
(27). Hazardous Wastes are those wastes which, because of their physical or chemical
4
25A-12
characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the
Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill
under the applicable laws and regulations of the State of California.
(28). Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing
facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in
bins and/or roll-off containers.
(29). Licensed E~pment means the Solid Waste collection and Recycling vehicles and Solid
Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to
Section 11 of this Agreement.
(30). Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the
California Integrated Waste Management Board for sorting, separating and processing of Recyclable
Solid Wastes as well as the segregation and transportation of non-Recyclable Solid Wastes to a
Disposal Site.
(31). Permitted Solid Waste Facility means a Solid Waste facility for which there exists a Solid
Waste Facilities Permit issued by the local enforcement agency and concurred in by the California
Waste Management Board.
(32). Person shall include, without limitation, associations, clubs, societies, firms, partnerships,
sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well
as individuals, including the officers of such associations, corporations, etc.
(33). Processing means the reduction, separation, recovery, conversion or Recycling of Solid
Waste.
(34). Processing Charges shall mean those portions of the curbside, bin, roll-off container and
other rates provided for in this Agreement which compensate CONTRACTOR for Processing Solid
Wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated
Materials Recovery Facility or Composting Facility. The parties have agreed upon the initial
Processing Charges, as set forth hereinafter, and such charges are subject to adjustments as provided in
this Agreement. The cost of transporting the residue of the CITY'S Solid Waste stream to a Disposal
Site after Processing the Recyclable Solid Wastes therefrom and the cost of transporting Recyclable
Solid Wastes to their ultimate destination shall be deemed part of this Processing Charge, but the gate
fee charged at said Disposal Site for depositing said Solid Waste residue shall not be included in the
Processing Charge.
(35). Recyclable Solid Waste means and includes those Solid Wastes which may be sorted,
cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable Solid Wastes are
not a separate category of materials, but merely an evolving portion of the entire stream of Solid Waste
generated within the CITY.
(36). Recycling means collecting, sorting, cleansing, treating, Processing and reconstituting
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Recyclable Solid Wastes for the purpose of reuse or sale.
(37). Residential Bin Service shall mean Bin Service which is provided by CONTRACTOR to
any and all residential users which request or require such services pursuant to this Agreement.
(38). Residential Solid Waste means Solid Waste originating from single-family or multiple
family dwellings.
(39). Roll-Off Service shall mean Solid Waste collection from transportable containers of 10
cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and
later removed for collection of contents of said container. Roll-Off Service includes compactors which
maybe used with roll-off containers.
(40). Solid Waste shall mean all Solid Wastes, including, but not by way of limitation,
Recyclable Solid Wastes, whether now recyclable or not, generated and/or accumulated by all
residential, commercial and industrial sources, and at all construction and demolition sites within the
CITY excluding that Solid Waste referred to in Section 9(a) herein; provided, however, that Solid
Waste shall not be deemed, for purposes of this Agreement, to include any Hazardous Wastes as
defined hereinabove.
(41). Solid Waste Facility shall include a Composting Facility, Materials Recovery Facility or a
transfer station.
(42) Source Reduction and Recycling Element shall be the CITY'S plan for meeting the
requirements of CIWMA.
(43). Waste Type means identified wastes having the features of a group or class of wastes that
are distinguishable from any other Waste Type, as identified by the CITY'S Source Reduction and
Recycling Element.
(44). Yard Waste means any wastes generated from the maintenance or alteration of public,
commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree
trimming, brush, weeds and pruning.
(45) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or
organic waste and the composting, mulching, and/or transformation thereof.
4. SCOPE OF SERVICE:
(a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary, except
for those vehicles and equipment which the CITY shall license to CONTRACTOR pursuant to Section
11 herein, for the collection of all Solid Waste originating, generated and/or accumulated by any person
within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, Recycle,
divert by means of composting, mulching and/or transforming and/or dispose of said Solid Waste in
compliance with the terms of this Agreement.
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(b) All Solid Waste collected by CONTRACTOR within the CITY shall not be commingled in
equipment and/or vehicles used by CONTRACTOR, whether such equipment and vehicles are owned
by or licensed to CONTRACTOR pursuant to Section 11 herein, with Solid Waste from any other
jurisdiction or person from outside the CITY limits; however, in the event of an emergency vehicle
breakdown, a vehicle from a neighboring jurisdiction may complete the route of the vehicle which
broke down. In this case, the CONTRACTOR must notify the CITY in writing within twenty four (24)
hours of such emergency breakdown and must also provide the CITY with the allocation of tonnages
contained in the vehicle.
5. COLLECTION HOURS:
(a) All collections from residential areas shall be made between the hours of 6:00 a.m. and 6:00
p.m. Collections from commercial and industrial locations greater than 100 feet from residential units
may start at 3:00 a.m. and must terminate by 9:00 p.m., however, if complaints are received from such
residential units, the Executive Director may direct that collections in such areas shall be made between
the hours of 6:00 a.m. and 6:00 p.m. and in that event CONTRACTOR agrees to comply with such
order.
(b) Notwithstanding section (a) above, Solid Waste collected pursuant to Section 13 hereto
shall be collected pursuant to the provisions contained therein.
6. HOLIDAYS:
Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall
collect along said route on the work day next following said legal holiday and collection on each day
during said holiday week shall be similarly delayed one day. Legal holidays for the purpose of this
Agreement shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day and such other days as may be mutually agreed upon in advance by the parties.
7. FREQUENCY OF COLLECTIONS:
The Contractor will collect all Solid Waste from all areas of the CITY at least once each week
and in addition will provide more frequent service for those Customers using the Bin Services or Roll-
Off Services supplied by CONTRACTOR if requested by a Customer or if required by the CITY.
Contractor shall provide additional collection services as set forth in Sections 14 (e) and (f).
8. MAINTENANCE OF SCHEDULES:
Presently existing routes, schedules and times for collection of Solid Waste shall be maintained
but may be changed by authorization of the Executive Director and at least one week's advance
notification by CONTRACTOR to occupants of the buildings in the area where the changes are to be
made.
9. EXCLUSIVENESS OF AGREEMENT:
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The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport,
process, Recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of
all Solid Waste, as defined in this Agreement, generated and/or accumulated within the CITY, except
as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the
restraints provided in Public Resources Code Sections 49520 et seq.
(a) The grant of exclusiveness shall not include Construction and Demolition Solid Waste
which has accumulated and/or been generated at a temporary construction site and which is being
disposed of in roll-off containers or in bins.
(b) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons
who own the premises upon which solid waste has been generated or accumulated, from personally
collecting, transporting and disposing of their own Solid Waste so long as they dispose of such Solid
Waste at a site permitted by the California Integrated Waste Management Board in accordance with all
governing laws and regulations.
(c) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who
own the premises upon which Solid Waste has generated or accumulated, from: (1) selling their
Recyclable Solid Wastes, or, (2) donating their Recyclable Solid Wastes; provided, however, that in
both instances: (a) the person must, on its premises, personally segregate (by Waste Type) from other
Solid Waste the Recyclable Solid Waste to be sold or donated, and (b) the person may not pay the
buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other
tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid
Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal
service rates of its unsegregated Solid Waste shall not be deemed to be selling or donating Recyclable
Solid Wastes for purposes of this exception.
(d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape
maintenance who has a business license to operate in the CITY from collecting yard waste or other
organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any
yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection
must be transported by the gardener, tree trimmer or person to a composting facility permitted by the
California Integrated Waste Management Board in accordance with all laws and regulations.
(e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY
from hauling such Solid Waste over CITY streets, provided such collectors comply with any governing
laws or ordinances.
(f) CONTRACTOR's right to collect and/or dispose of Solid Waste shall not be exclusive in the
event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to
maintain substantially complete regular collection services pursuant to this Agreement and the
collection schedules then in effect, for any reason, including a strike by CONTRACTOR'S employees
or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than
CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal
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services from persons other than CONTRACTOR during such periods, including CONTRACTOR'S
Bin and/or Roll-Off Service Customers.
(g). CONTRACTOR shall not have the exclusive right to collect and dispose of Solid Waste by
providing Bin and/or Roll-Off Service if the conditions stated in Section 28(c) are applicable.
(h) In exchange for the exclusive rights guaranteed above, CONTRACTOR shall provide to the
City a one million ($1,000,000.00) payment on July 1, 2005 with an additional five hundred thousand
($500,000.00) per year to be paid monthly beginning July 1, 2006 and continuing each year until
expiration of this Agreement. The initial $1,000,000 payment will be made by CONTRACTOR upon
execution of this Agreement or on January 1, 2006, whichever occurs later. The additional $500,000
annual payment will be deducted monthly beginning July 1, 2006 on a pro rata basis from the curbside
service payments. However, neither payment will affect the rates that customers are currently paying.
10. SOLID WASTE PROGRAM SURCHARGE:
(a) CONTRACTOR shall pay to the CITY a Solid Waste program surcharge based upon the
Gross Receipts received by CONTRACTOR. This surcharge is now set at an amount equal to 12.8
percent of said Gross Receipts. This amount may be increased by resolution of the City Council and,
whenever said surcharge is increased by resolution of the City Council, CONTRACTOR shall be
permitted to pass through to both its Bin Service and Roll-Off Service Customers one hundred (100%)
percent of the amount of such increase.
(b) Invoices submitted to Customers by CONTRACTOR shall not reference the aforementioned
surcharge. Payments to the CITY of said Solid Waste surcharges shall be made to the CITY on a
monthly basis and shall be due and payable on or before the last calendar day of the following month.
Accompanying each payment will be a listing of the Gross Receipts for that corresponding month.
CONTRACTOR shall, whenever requested to do so, make available such records to the Executive
Director at any reasonable time.
(c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above
on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR.
11. AUTOMATED SYSTEM
(a) LICENSE: The CITY grants to the CONTRACTOR an exclusive license to use the Solid
Waste collection and Recycling vehicles and Solid Waste collection and Recycling carts listed on
Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter referred to
collectively as "the Licensed Equipment"), for a period of time coterminous with the term of this
Agreement. This license to use the Licensed Equipment shall not be deemed an equipment lease but,
rather, a personal property license to use the Licensed Equipment pursuant to the specific terms,
covenants, obligations and provisions of this Agreement. CONTRACTOR may not use the Licensed
Equipment for any other purposes or business. This license is personal to the CONTRACTOR and
shall not be assigned. It is the intent of the parties hereto that the Licensed Equipment shall be
sufficient to permit CONTRACTOR to adequately perform its performance obligations under this
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Agreement. If at any time, or from time to time, the Licensed Equipment is not adequate for
CONTRACTOR to meet such obligations, or, the Solid Waste collection and Recycling vehicles
licensed pursuant to this section need to be replaced for any reason, including loss, CONTRACTOR
shall be responsible for providing any and all additional or replacement Solid Waste collection and
Recycling vehicles and any and all additional Solid Waste collection and Recycling carts as may be
necessary for the collection, Recycling and disposal of all Solid Waste for which it is responsible under
this Agreement.
(b) FINANCING: The Licensed Equipment being provided to CONTRACTOR pursuant to
section (a) hereunder is being acquired pursuant to that certain "Installment Purchase Contract" ("IPC")
between the CITY and the California Environmental Finance Corporation ("CEFC") dated June 1,
1996, a copy of which is on file with the Clerk of the Council and which is incorporated herein by this
reference. CONTRACTOR hereby acknowledges the flow of funds and priority of revenues set forth
in Section 3.06 of the IPC, which is further summarized on pages 12 and 13 of the Official Statement
accompanying the issuance of the tax exempt Certificates of Participation ("C.O.P.s") which have been,
or will be, issued by CEFC to raise the funds necessary for it to purchase the Licensed Equipment.
While not required to do so, CEFC has agreed to acquire the Licensed Equipment in accordance with
the competitive bidding procedures set forth in Section 421 of the CTTY'S municipal charter. The
CITY agrees to take all necessary action and execute all necessary documents to facilitate the issuance
of the C.O.P.s and to approve an excess proceeds certificate authorizing an excess proceeds prepayment
of the C.O.P.s as provided in Sections 3.11 and 4.01(b) of that certain "Trust Agreement" by and
among the CITY, CEFC and Harris Trust Company of California, a copy of which is on file with the
Clerk of the Council and which is incorporated herein by this reference.
(c) MAINTENANCE OF LICENSED EQUIPMENT: CONTRACTOR shall, at its own
expense, maintain and preserve the Licensed Equipment in good repair and working order at all times
and will operate the Licensed Equipment in an efficient and economical manner and will pay all
maintenance and operation costs of the Licensed Equipment as they become due and payable. On or
before the first day of each fiscal year, CONTRACTOR will prepare a budget setting forth the
estimated maintenance and operation costs of the Licensed Equipment for such fiscal year.
(d) OPERATION OF LICENSED EOUIPMENT: CONTRACTOR shall be fully responsible
to the CITY for the storage, operation, maintenance and management of the Licensed Equipment.
CONTRACTOR shall distribute the Solid Waste collection and Recycling carts (one for Recyclable
Solid Waste, one for Yard Waste and one for non-Recyclable Solid Waste) to each Curbside Service
Unit throughout the CITY. CONTRACTOR will utilize the Licensed Equipment solely to collect,
recycle and/or dispose of Solid Waste generated within the CITY for which it is responsible pursuant to
this Agreement.
(e) FUEL FOR LICENSED EOUIPMENT: All fuel required for the operation of the Licensed
Equipment pursuant to this Agreement shall be purchased by the CONTRACTOR. CONTRACTOR
shall be responsible for the costs of such fuel and all costs associated therewith.
(f) OPTION TO PURCHASE: At such time as the C.O.P.s used to finance the Licensed
Equipment are paid in full or otherwise satisfied or demised, the CONTRACTOR shall have a ninety
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(90) day option during which it may purchase the Licensed Equipment from the CITY for the then fair
market value thereof. Exercise of this option shall be made by written notice from the CONTRACTOR
to the Executive Director. CITY and CONTRACTOR shall, within thirty (30) days after such exercise,
each select a licensed appraiser in the field to determine said fair market value. The appraisers shall
submit their appraisals to both parties within thirty (30) days after their selection, and the average
between their appraised values shall be deemed to be the fair market value. If CONTRACTOR desires
to purchase the Licensed Equipment, it must tender the full fair market value to the CITY within forty
five (45) days after both appraisers have delivered their appraisals. If either appraiser fails to act within
the terms of this option or if either party hereto fails to select an appraiser, the determination of the sole
appraiser shall be binding. The CONTRACTOR shall bear the expense of both appraisers. The CITY
agrees that if CONTRACTOR elects to exercise this option it will, after tender of the full purchase
consideration, do all things proper and necessary to transfer full title, free and clear of all liens and
encumbrances, to the Licensed Equipment to CONTRACTOR or its assignors. Should
CONTRACTOR not exercise this option to purchase the Licensed Equipment then, at the termination
of the license granted herein, CONTRACTOR shall surrender possession of the Licensed Equipment to
CITY in good order and repair to the satisfaction of CITY, normal wear and tear excepted. Proceeds
from the sale of the Licensed Equipment are the property of the City.
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES:
Once the City-owned collection vehicles, as described in Exhibit A and this Section have reached
the end of their useful lives, the CONTRACTOR will provide at its expense, new low-emission
collection vehicle replacements which meet or exceed the emission requirements of all Federal, State
or Local air quality laws or regulations. The CONTRACTOR will begin the process of replacing all
residential and commercial collection vehicles, starting with the oldest trucks in 2006 with the goal
of completing all truck replacements by 2012. All residential collection vehicles will display the
City's recycling logo. The CONTRACTOR will also replace the Solid Waste collection and
Recycling plastic carts as described in Exhibit A with new carts as needed. All replacement vehicles
and carts provided shall be owned and operated by the CONTRACTOR.
12. COLLECTION POINTS AND REQUIREMENTS:
(a) CONTRACTOR shall not be required to collect Solid Waste from any Curbside Service
Unit unless the same is placed on the curb along a public or private street, or along an alley having
street access at both ends, and is placed in Solid Waste collection and Recycling plastic carts provided
to the Curbside Service Unit by CONTRACTOR and is prepared for collection in a manner prescribed
by the CITY'S regulations covering the same. Under no circumstances shall CONTRACTOR be
required to pick up and collect any material or matter which is not Solid Waste as defined in this
Agreement, or to pick up and collect any Solid Waste from Curbside Service Units which does not
comply with the following standards and limitations:
(1) All Solid Waste shall be placed in the Solid Waste collection and Recycling plastic
carts provided by CONTRACTOR to each Curbside Service Unit pursuant to the following:
(a) Non-Recyclable Solid Waste shall be placed in burgundy plastic carts
provided by CONTRACTOR;
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(b) Recyclable Solid Waste shall be placed in grey plastic carts provided by
CONTRACTOR; and,
(c) Yard Waste shall be placed in green plastic carts provided by
CONTRACTOR.
(2) All non-Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste shall be
placed in the appropriate Solid Waste collection and Recycling plastic carts adequate to eliminate
overflow or contamination of surrounding areas. Any non-Recyclable Solid Waste, Recyclable Solid
Waste and/or Yard Waste which is not placed in a Solid Waste plastic cart which has been provided to
the Curbside Service Unit will not be picked up; and,
(3) Large, heavy items, including, without limitation, water heaters, couches, tables,
refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky
items which maybe disposed of under the provisions of Section 21.
(b) The aforementioned requirements to place non-Recyclable Solid Waste, Recyclable Solid
Waste and Yard Waste in appropriate Solid Waste collection and Recycling plastic carts shall not apply
to Christmas trees properly placed for collection.
(c) Whenever any Solid Waste that does not comply with the above standards and limitations is
not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject
to the approval of the CITY, indicating the reason for non-collection at such Curbside Service Unit.
Said notice shall also contain the CONTRACTOR'S business name and his local telephone number. A
copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY upon request by the
Executive Director and, if the reason for noncollection is not corrected within seven (7) days,
CONTRACTOR shall notify the CITY as to this continued noncollection.
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS:
(a) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all Solid Waste and
Construction and Demolition Solid Waste which is generated by CITY government operations at no
cost to the CITY. The CITY shall provide CONTRACTOR with a list of locations of bins and/or roll-
off containers from which such Solid Waste shall be collected. Said list may be modified by time to
time by the Executive Director. Solid Waste generated by such CITY operations shall be collected by
CONTRACTOR per a schedule provided to CONTRACTOR by the Executive Director which
schedule shall be approved between the CONTRACTOR and the Executive Director.
(b) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director
to ensure that Solid Waste collection is compatible with the CITY'S street sweeping operations.
CONTRACTOR will be required to complete their designated routes each day so as not to interfere
with the CITY'S street sweeping operations.
(c) NEIGHBORHOOD CLEANUPS: The Contractor shall supply rolloff containers for
CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll off containers shall
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not exceed a maximum total number of three hundred (300) containers annually.
Notwithstanding the above, at any time that the CITY determines that the number of collections
and/or the number of roll-off containers provided for in section (c) is not adequately meeting the
CITY'S needs, then the CITY and CONTRACTOR agree to meet and confer regarding these
provisions, and may, by mutual agreement, modify the number of collections and/or roll-off containers.
14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL
REQUIREMENTS:
(a) CURBSIDE SERVICE: CONTRACTOR shall provide each Curbside Service Unit within
the CITY with a minimum of three (3) Solid Waste collection and Recycling plastic carts. Any
provision of less than three (3) such plastic carts to any Curbside Service Unit shall be approved by the
Executive Director. Each Solid Waste plastic cart shall be a different color as described in Section 12
above. CONTRACTOR shall be required to collect contents of each Solid Waste plastic cart once per
week and CONTRACTOR shall be required to process the contents of said plastic carts as follows:
(1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts: Contents of
plastic carts containing Solid Waste shall be hauled directly to a legally authorized Disposal Site
pursuant to subsection (e) herein.
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts: The contents of
containers containing Recyclable Solid Waste shall be hauled to a Material Recovery Facility ("MRF"),
which MRF shall be acceptable to the CITY, for Processing and diversion. All Solid Waste transported
to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste
Type in amounts so as to comply with CIWMA and the CITY'S Source Reduction and Recycling
Element ("SRRE"). In the event that the MRF approved by the CITY is not operated by the
CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as
to ensure the CITY'S compliance with CIWMA.
(3) Yard Waste Collection and Recycling Plastic Carts: The contents of the plastic
carts containing Yard Waste will be transported to a Composting Facility which meets all state, federal
and local laws for Yard Waste Diversion and which is acceptable to the CITY. CONTRACTOR shall
be responsible to ensure that the Yard Waste collected by CONTRACTOR is diverted in compliance
with CIWMA and the CITY'S SRRE.
(b) BIN SERVICE: CONTRACTOR shall operate a Recycling program as described herein
for Bin Service. Such Recycling program shall require that CONTRACTOR take the Solid Waste in
bins which have clean "dry" loads to a MRF which is acceptable to the CITY for Processing and
diversion. CONTRACTOR shall guarantee that, at a minimum, fifty (50%) percent of the tonnage of
Solid Waste which is contained in bins and which is determined to have a high recyclable content will
be transported to a MRF. All Solid Waste which is transported to said MRF shall be processed and the
portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with
CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by
the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility
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so as to ensure the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport
directly to a legally authorized Disposal Site those bins which are determined to have limited Recycling
potential due to food or other types of contamination. Any modifications to the above-referenced
percentage shall be approved by the Executive Director and shall be based on the diversion realized.
(c) ROLL-OFF SERVICE: CONTRACTOR shall process all Solid Waste collected from its
Roll-Off Service in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport
all Solid Waste collected by the CONTRACTOR from roll-off service within the CITY boundaries to a
state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable
to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which
is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the
CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the
CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as
to ensure the CITY'S compliance with CIWMA.
(d) TEMPORARY BIN SERVICE: CONTRACTOR shall process all Solid Waste collected
from temporary bins, not including Construction and Demolition Solid Waste, in compliance with the
CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the
CONTRACTOR from temporary bins within the CITY boundaries to a state permitted MRF, as
provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid
Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be
recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event
that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be
responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with
CIWMA.
(e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES: CONTRACTOR shall
provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days
following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in
the parkways after garage sales. CONTRACTOR shall transport all Solid Waste collected by the
CONTRACTOR from Parkway Cleanups within the CITY boundaries to a state permitted MRF, as
provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY.
(f) ALLEY CLEAN-UP FOLLOWING THE 1sT OF EACH MONTH: CONTRACTOR shall
provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days
following the first day of each month and six working days during the third week of the month to
canvas the City neighborhoods in order to remove debris left in alleyways following relocations.
CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Alley Cleanups
within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with,
CIWMA, which MRF shall be acceptable to the CITY.
(g) DISPOSAL: CONTRACTOR shall be required to dispose of any and all Solid Waste
which is not recycled or diverted by means of composting, mulching and/or transforming pursuant to
the terms of this Agreement, at a legally authorized Disposal Site(s) as designated by the CITY. If
CONTRACTOR is directed to dispose of said Solid Waste at a location other than the County of
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Orange's Disposal Sites, both parties agree to meet and confer regarding any potential rate adjustments
which may be necessitated thereby. Should Disposal Sites become unavailable in Orange County at
any time during the term of this Agreement, CONTRACTOR hereby guarantees disposal at another
Disposal Site owned and operated by CONTRACTOR or an affiliate, and both parties agree to meet
and confer regarding any potential rate adjustments which may be necessitated thereby. Additionally,
CONTRACTOR hereby agrees and guarantees to the CITY that the CITY will be indemnified for
CERCLA liability for any Solid Waste collected by the CONTRACTOR in the CITY which is
delivered to CONTRACTOR'S landfill.
(h) CONTRACTOR will act as the contracting body and lead agency with the MRF and
Composting Facility with respect to this Agreement and shall be responsible for, and insure that, both
facilities act so as to meet the requirements of both this Agreement and CIWMA.
(i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do
each, every and all things required to ensure that all Solid Waste generated, produced or accumulated in
the CITY which is collected by CONTRACTOR will at all times be in full compliance with all of the
provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect,
indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage,
fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with
such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be
responsible to the extent Solid Waste is generated in the CITY and collected, processed or disposed of,
by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel
approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the
California Integrated Waste Management Board in the event that the diversion quantities contained in
the CITY'S SRRE, or any other requirement of CIWMA, are not met.
15. SYSTEM SAVINGS:
(a) SAVINGS PAYABLE TO CITY: In addition to the surcharge paid pursuant to Section 10
herein, CONTRACTOR has also agreed to pay to the CITY One Million Three Hundred Fifty One
Thousand Five Hundred Dollars ($1,351,500.00) in system savings each year during the term of this
Agreement. Such savings shall be deducted in monthly installments of One Hundred Twelve Thousand
Six Hundred and Twenty Five Dollars ($112,625.00) each from payments made to CONTRACTOR for
curbside service pursuant to Section 22 herein.
(b) POSSIBLE ADDITIONAL SAVINGS: The parties hereto have agreed that any additional
savings which may result from changes in the diversion percentages referred to in Section 14(b) above
shall be split evenly between the CITY and the CONTRACTOR. Such savings shall be the dollar
amount equal to the difference in the CONTRACTOR'S per ton cost for Processing and disposal of Bin
Service at a MRF and the per ton cost of disposal at a Disposal Site multiplied by the number of
additional tons taken directly to a Disposal Site. Any such additional savings shall be computed on a
monthly basis and such amounts shall be paid to the CITY by CONTRACTOR on or before the last
calendar day of each subsequent month.
16. CIWMA REPORTING REQUIREMENTS:
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CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by the
CITY, all monthly or annual reports required of the CITY pursuant to the CIWMA. In addition thereto,
within sixty (60) days after the end of each calendar year, the CONTRACTOR shall provide to the
CITY an annual report which: (a) provides a collated summary of all the information contained in the
monthly reports referred to above; (b) provides a narrative description of all public awareness activities
of CONTRACTOR during the past one year which may have impacted Recycling participation; and (c)
provides a discussion of Recycling and source reduction program highlights and difficulties.
CITY may require additional reports from CONTRACTOR should the reports requested, or
submitted, pursuant to this section not satisfactorily fulfill the CITY'S requirements.
17. SRRE CONSULTANT:
(a) CONTRACTOR shall provide consultant services as necessary to modify the CITY'S
SRRE as required by either the County of Orange AB 939 Local Task Force and/or the State of
California. The consultant to perform such services shall be approved by the CITY. Such consultant
services shall be provided upon request by the CITY and shall be subject to final approval of the CITY.
The CONTRACTOR shall be responsible for a maximum cost for such services of twenty thousand
($20,000.00) dollars per fiscal year. Any costs incurred by the CONTRACTOR for services approved
by the CITY which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be the
responsibility of the CITY as provided in section (b) below.
(b) CONTRACTOR shall submit a monthly report showing consultant services performed for
the preceding month. Subject to the approval of the Executive Director, any costs for approved
services which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be made by the CITY
within thirty (30) days of receipt of said report for work satisfactorily performed.
18. PUBLIC EDUCATION SERVICES:
The CONTRACTOR shall be responsible for the provision of public education services as
provided in the CITY'S SRRE. These services shall include, but are not limited to, the following items:
(a) the production and distribution of a pamphlet containing trash regulations and holidays to all
Customers and Curbside Service Units on a yearly basis and to all new service starts at service
initiation;
(b) the production and distribution to all Customers and Curbside Service Units every year of
pamphlets concerning source reduction, Recycling and/or Yard Waste Diversion on an annual basis and
to all new service starts at service initiation;
(c) the performance, as needed, of community presentations on source reduction, Recycling and
Yard Waste Diversion, including the production of all presentation materials;
(d) the provision, as necessary, of technical assistance in the areas of source reduction,
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Recycling and Yard Waste Diversion;
(e) the establishment and maintenance of a telephone hotline to receive calls from the public
and provide information concerning integrated waste management;
(f) cooperation in the production of an integrated waste management video for use by the CITY;
and,
(g) development and management of grants pursuant to the regulations contained in the
CIWMA and/or adopted by the California Integrated Waste Management Board including the
Department of Conservation and other governmental agencies that offer grants related to collection and
recycling services provided under the Agreement In fiscal year OS-06 CONTRACTOR will receive:
$5500 per month for the collection of used oil containers and filters. This includes all
manpower, vehicle, fuel, accounting and administrative costs associated with the collection program.
$75.00 per hour for grant administrator's time to develop and administer the grant programs.
This Section may be reasonably modified from time to time as deemed necessary and
appropriate by the Executive Director, including increased grant compensation paid to Contractor upon
a writing executed by the Executive Director. The CONTRACTOR shall be required to work with the
Executive Director in the preparation and production of the services listed and to proceed in the
rendering of such services as the CITY dictates. Any services required hereunder shall require the
Executor Director's approval prior to the execution thereof.
19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE:
(a) Equipment and vehicles used by CONTRACTOR, whether owned by or licensed to
CONTRACTOR, for the collection and hauling of Solid Waste shall be used so as to assure, in the
reasonable opinion of the Executive Director, that adequate standards of collection will be maintained.
All loads in CONTRACTOR'S vehicles shall be kept completely covered at all times except when
material is actually being loaded or unloaded or where the vehicles are on route in the process of
collection. The collection equipment must be designed and operated in such a manner as to prevent
Solid Waste from escaping the vehicle. Any spillage of materials which occurs during the collection
process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles
used by the CONTRACTOR pursuant to this Agreement which are not owned by the CITY shall be
registered by CONTRACTOR with the Department of Motor Vehicles of the State of California. The
CONTRACTOR's vehicles and equipment shall be subject to inspection by the CITY.
(b) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety
of sizes of bin and roll-off containers to meet the capacity requirements of commercial and residential
bin and roll-off container users. No material shall be permitted to leak, fall or be spilled on CITY
streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the
area cleaned at the CONTRACTOR's expense. The equipment used must be maintained in good
mechanical condition and must employ adequate safety conditions for the operating personnel.
(c) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or
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equipment shall be used. Employees of the CONTRACTOR who are unnecessarily noisy or who
violate the provisions of the State Motor Vehicle Code and/or any applicable CITY ordinance in the
collection of said materials shall be disciplined pursuant to CONTRACTOR's performance standards.
(d) CONTRACTOR shall equip all Solid Waste collection and Recycling vehicles which
collect Solid Waste within the CITY with informational displays. The CITY shall advise
CONTRACTOR as to the messages which should be displayed while said vehicles are operating for the
CITY. The CITY may, at its option, have the messages to be displayed changed once per year.
20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS:
(a) Bins and roll-off containers provided by CONTRACTOR shall be of a design and size to
contain, at all times, the contents therein in such a manner as to promote best possible housekeeping
conditions. Bins and roll-off containers supplied by the CONTRACTOR shall, at all times, be
maintained by it in a well-kept appearance and shall be marked with reflectorized material where such
bins and/or roll-off containers are or may reasonably be expected to be located in the public right-of-
way. Customers shall be responsible for the cleanliness, sanitation and deodorizing of such bins and
roll-off containers; provided, however, CONTRACTOR shall provide in its agreements with its
Customers for a bin or roll-off container cleaning service, including painting either as needed, at the
request of the Customer or at the request of the CITY, for a fee of twenty five ($25.00) dollars.
(b) Curbside Service Units shall be responsible for the cleanliness and sanitation of the Solid
Waste collection and Recycling plastic carts provided to such units.
(c) CONTRACTOR shall cause to have graffiti removed from bins within two (2) business
days and from roll-off containers within five (5) business days of a request by CITY to do so. Failure
to remove the graffiti within the required two (2) business days for bins and five (5) business days for
roll-off containers, excluding holidays, shall result in the assessment of a two hundred dollar ($200.00)
fine to the CONTRACTOR. CONTRACTOR may charge the user of a bin or roll-off container which
requires such graffiti removal a charge of twenty five ($25.00) dollars per incident.
(d) The Solid Waste collection and Recycling plastic carts receiving curbside service shall be
replaced where found by CONTRACTOR. The CITY reserves the right, upon submission of proof by
the Curbside Service Unit, to withhold sufficient compensation under this Agreement to adjust and pay
any claim for Solid Waste collection and Recycling plastic carts damaged by the willful or careless acts
of the employees of the CONTRACTOR. Repairs and replacement costs for said plastic carts shall be
borne by CONTRACTOR; provided, however, that such repairs and/or replacements costs shall not be
borne by CONTRACTOR when caused by the wanton or intentional destruction thereof by the
Curbside Service Unit. Curbside Service Units shall be billed by CONTRACTOR for replacements
caused by intentional or wanton destruction.
21. COLLECTION OF BULKY ITEMS:
In order to promote public sanitation and reduce fire hazards, CONTRACTOR shall provide to
all Curbside Service Units the service of curbside collection of bulky items such as couches,
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refrigerators, rugs, water heaters, and other items of Solid Waste, which CONTRACTOR is not
required to collect under Section 12 because of size or weight, as follows:
(a) Upon request by a Curbside Service Unit within the CITY, CONTRACTOR shall provide
no more than two at-demand bulky item collections per year per Curbside Service Unit at no additional
cost. Each such Curbside Service Unit is limited to a maximum of four (4) bulky items (or twenty (20)
bags of yard waste) per pick-up request. Such collection services shall provide the opportunity of
having large objects, and other Solid Waste which is not required to be picked up pursuant to this
Agreement, picked up and processed properly. Requests by Curbside Service Units for such collections
shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message
receiving, transmitting and response procedures and who shall be responsible for maintaining a log of
such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a
reasonable time but no more than five (5) working days after such a request is received. Requests for
more than two (2) at-demand collections per year shall cost thirty ($30.00) dollars per collection and
shall be billed to the Curbside Service Unit requesting the additional collection by the
CONTRACTOR.
(b) CONTRACTOR shall provide assistance of removal of bulky items on private property to
senior citizens and the disabled at no cost.
(c) CONTRACTOR shall provide for the collection and recycling of televisions, computer
monitors and computer laptops as part of the Bulky Item collection program.
22. CURBSIDE SERVICE PAYMENTS:
(a) The CONTRACTOR shall establish rates for its provision of curbside services pursuant to
this Agreement. Such rates shall in no case exceed those set forth on Exhibit "C" attached hereto and
incorporated herein by this reference. The City shall collect on behalf of the CONTRACTOR the rates
established by the CONTRACTOR for said services. Rates collected and paid to the CONTRACOTR
shall be based on the total number of Curbside Service Units billed by the CITY for curbside service
during that month. CITY shall make billing records available to CONTRACTOR upon reasonable
notice for the purpose of auditing such records.
(b) Remittance to the CONTRACTOR of payments collected by the CITY for curbside service
shall on a monthly basis.
(c) Payments to be made to the CONTRACTOR shall be reduced each month by an amount
equal to the total monthly payment on the C.O.P.s. A monthly payment schedule of the maximum
amount of monthly payments on the C.O.P.s will be attached as Exhibit "D" once they are issued. The
payments to be made to CONTRACTOR shall not be reduced to the extent of any credits against
installment payments received by the CITY pursuant to Section 4.01 of the II'C.
23. RESIDENTIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Bin Service to residential
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bin users by direct billing of the Customers receiving such service by means of separate agreements
entered into between the CONTRACTOR and each Residential Bin Service Customer. A copy of
every such agreement shall be made available to the Executive Director by CONTRACTOR.
(b) Rates for Residential Bin Service, including Gate Fees, Hauling Charges, Processing
Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and
shall not exceed those set forth on Exhibit "C" attached hereto and incorporated herein by reference.
Such rates shall include a one (1 %) percent charge based on Gross Receipts which shall be paid to the
CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last
calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction
approved by the CITY for senior citizen and mobile home park Curbside Service Units.
CONTRACTOR shall make records containing Residential Bin Service available to the Executive
Director at any reasonable time.
24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Bin Service to
commerciaUindustrial bin users by direct billing of the Customers receiving such service by means of
separate agreements entered into between the CONTRACTOR and each such Bin Service Customer.
A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR.
(b) Rates for CommerciaUIndustrial Bin Service, including Gate Fees, Hauling Charges,
Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the
CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. Such rates shall
include a one (1%) percent charge based on Gross Receipts which shall be paid to the CITY by
CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar
day of each month for the previous month. Said charge shall be used to offset a rate reduction approved
by the CITY for senior citizen and mobile home park Curbside Service Units CONTRACTOR shall
make records containing CommerciaUlndustrial Bin Service available to the Executive Director at any
reasonable time.
25. ROLL-OFF SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Roll-Off Service by direct
billing of the Customers receiving such service by means of separate agreements entered into between
the CONTRACTOR and each such Customer. A copy of every such agreement shall be made available
to the Executive Director by CONTRACTOR. Roll-off Service shall be provided at a minimum of
three (3) dumps per month per Customer.
(b) Rates for Roll-Off Services, including container delivery, collection, hauling and
transportation, shall be established by the CONTRACTOR and shall not exceed those set forth on
Exhibit "C" attached hereto. Such rates shall include a one (1%) percent charge based on Gross
Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be
due and payable on or before the last calendar day of each month for the previous month. Said charge
shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park
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Curbside Service Units. CONTRACTOR shall make records containing Roff--Off Service available to
the Executive Director at any reasonable time.
26. COMPENSATION FOR GRANTS:
CONTRACTOR shall be permitted to obtain compensation in an amount approved by the
Executive Director for the management of grants pursuant to Section 18(g) herein.
27. ADJUSTMENTS TO CHARGES:
(a) HAULING AND PROCESSING CHARGES:
(1) PRICE INDICES: The two indices which will be used for determining adjustments
to Hauling and Processing Charges shall be the December Consumer Price Index ("CPI") for All Urban
Consumers (base years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by
the United States Department of Labor, Bureau of Labor Statistics and the December Producer Price
Index ("PPI"), Diesel Fuel #2 (#057303. When both indices are to be used to determine an adjustment
to the Hauling and Processing Charges, then the adjustment formula shall be as follows: the CPI shall
be weighted at ninety (90%) percent and the PPI shall be weighted at ten (10%) percent.
(2) CURBSIDE SERVICE: The Hauling Charges and Processing Charges for
curbside service shall be adjusted annually, using the CPI and PPI adjustment formula set forth in
subsection (a)(1) above without limitation; provided, however, that adjustments permitted to the
Hauling and Processing Charges during this time period shall be calculated at seventy five (75%)
percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum
adjustment per year.
(3) BIN SERVICE AND ROLL-OFF SERVICE: From July 1, 1997 until the
termination of this Agreement, the Hauling and Processing Charges for Bin Service and Roll-Off
Service shall be adjusted in accordance with the CPI and PPI adjustment formula set forth in subsection
(a)(1) above. Adjustments to the Hauling and Processing Charges for Bin Service and Roll-Off Service
shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum
adjustment and a zero 0% percent minimum adjustment per year.
(b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a Disposal Site
occur during the term of this Agreement, CONTRACTOR shall be permitted to pass through to both its
Bin Service Customers and its Roll-Off Service Customers and CITY shall pass through to its curbside
service users one hundred (100%) percent of such increase or decrease in the Gate Fees for that portion
of the Solid Waste which is taken to the Disposal Site. CITY shall pass through to CONTRACTOR
such increase or decrease in its curbside service payments to CONTRACTOR. Should a change in
Gate Fees become effective on July 1st of any year, the parties agree to utilize the tonnages from the
previous calendar year to determine the percentage of Solid Waste that is taken to the Disposal Site.
(c) SOLID WASTE PROGRAM SURCHARGE: Should any increase or decrease in the
Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement,
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CONTRACTOR shall be permitted to pass through to both its Bin Service and its Roll-Off Service
Customers the corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste
program surcharge which CONTRACTOR is required to pay pursuant to Sections 10, 23(b) and 24(b)
herein.
(d) ADMINISTRATNE COST: The Administrative Cost for curbside service shall be
adjusted annually. The Administrative Cost shall be adjusted using the CPI set forth in subsection (a)
(1) above; provided however, that adjustments shall be calculated at one hundred (100%) percent of the
CPI.
28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REOUIREMENTS•
(a) The CONTRACTOR may enter into agreements with Bin Service Customers for special
collection services different from, in addition to, or greater than the minimum collection services
required by this Agreement. The special fees which CONTRACTOR may charge Bin Service
Customers are set forth on attached Exhibit "C."
(b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from
between buildings, other than the fees permitted as set forth on attached Exhibit "C". Further,
CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse for purposes
of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit "C" shall
require an inspection by the CITY prior to a determination of the charges which maybe imposed. The
decision of the Executive Director in respect to these charges shall be final. A brief explanation of each
special service charge must be included on every Customer's billing.
(c) In the event the CONTRACTOR is unable to provide temporary service to any Customer
within five (5) calendar days after receipt of a call by such Customer, the Executive Director may
permit any other licensed hauler to provide temporary service to such Customer if, but only if,
CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable
notification by the Executive Director to CONTRACTOR.
29. MINIMUM SERVICE LEVELS -MULTI-FAMILY RESIDENTIAL BUILDINGS:
(a) CITY shall require that all residential buildings with three or more dwelling units be served
by Bin Service, except that CITY may waive such requirement for any residential buildings with four
(4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units
existing on February 23, 1983, upon a determination that no lawfully usable space is available for such
container within the boundary lines of the subject property. The CONTRACTOR shall provide bin
containers of such capacity and collections of such frequency for residential buildings required to have
Bin Service by this section as to provide for Solid Waste collection of not less than one-half (1/2) of
one (1) yard of Solid Waste collection per dwelling unit per week. In all cases, collections shall be
made at least once per week. CONTRACTOR shall comply with any request by the Executive Director
to change the scheduled collection days for Residential Bin Service Customers, which is designed to
promote conformity of Bin Service collections in any specified area of the CITY to improve sanitation
or reduce noise.
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(b) In the event that Solid Waste being disposed of at a Residential Bin Service building
exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who
shall cause an inspection to be made of the premises. If the Executive Director determines that there is
insufficient bin capacity at said location, he shall cause written notification to be given to the property
owner and/or person in possession of the property. Said notification shall contain the date of the
reported overflow of Solid Waste from the bins. The notice shall also inform the property owner and/or
person in possession of the property that should another incident of overcapacity occur within thirty
(30) days following the date of the original incident, the property owner and/or person in possession of
the property will be required to increase the number of bins, the size of the bin, or the frequency of
collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that
this should occur, the Executive Director shall determine whether to increase the number of bins or the
frequency of collections and CONTRACTOR shall furnish such additional services and shall be
entitled to compensation from the Customers to the same extent as if the Customer requested such
additional collections from the CONTRACTOR.
30. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND
ROLL-OFF SERVICES:
City shall require that all commercial and/or industrial units and/or buildings be served by Bin
Service or Roll-Off Service; provided, however, that this requirement may be waived by the Executive
Director. In the event that Solid Waste being disposed of at a commerciaUindustrial bin or roll-off
container unit exceeds the bin or roll-off container capacity for such building, CONTRACTOR shall
notify the Executive Director who shall cause an inspection to be made of the premises. If the
Executive Director determines that there is insufficient bin or roll-off container capacity at said
location, he shall cause written notification to be given both to the business and the property owner.
Said notification shall contain the date of the reported overflow of Solid Waste from the bin or roll-off
container. The notice shall also inform the business and property owner that should another incident of
overcapacity occur within thirty (30) days following the date of the original incident, the business
and/or property owner will be required to increase the number of bins or roll-off containers, or the
frequency of collections. In the event that this should occur, the Executive Director shall determine
whether to increase the number of bins or roll-off containers, the size of the bin or roll-off container, or
the frequency of collections and CONTRACTOR shall furnish such additional services and shall be
entitled to compensation from such Customers to the same extent as if the Customer requested such
additional collections from the CONTRACTOR.
31. SERVICE STANDARDS:
(a) The CONTRACTOR's office shall be accessible by a local or toll-free telephone number.
The CONTRACTOR'S office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. Monday
through Friday and from 8:00 a.m. to noon on Saturdays. CONTRACTOR'S offices shall be closed on
Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after
normal business hours, and on Sundays and holidays thus enabling the public to leave a message. The
CONTRACTOR shall have the capability of responding to the public in English and Spanish during
office hours.
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(b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per
month on accounts which have not remitted required payments within 30 days after the date of billing.
Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer
on forms approved by the CITY that services maybe discontinued 15 days from the date of the notice if
payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall
resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR
shall provide the CITY with a bi-weekly list indicating the Customers which have had service ceased
due to nonpayment.
32. SUPERVISION:
Performance of each of the provisions of this Agreement shall be under the direction and
supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every
reasonable opportunity of ascertaining whether or not the work is performed in accordance with the
requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and
liaison between its organization and the CITY and shall maintain a telephone and a means for contact at
all times during periods of strike or other emergencies. The Executive Director may inspect the
CONTRACTOR's operations, facilities and equipment at any reasonable time and the CONTRACTOR
shall admit him to make such inspections at any reasonable time and place.
33. TITLE TO SOLID WASTE:
Title to all Solid Waste collected pursuant to this Agreement shall be vested in
CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll-off container for
collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and
otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired
by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that
CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CPNMA.
34. FAILURE TO COLLECT:
(a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert
by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with
this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior
written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert
and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its
collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or
independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby
incurred by the CITY.
(b) The CITY may give such notice for any specified individual omission by CONTRACTOR
in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48)
hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for
any reason, including a strike of CONTRACTOR'S employees, the notice shall continue in effect with
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respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other
lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted
by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall
be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11
herein and shall be allowed to use, without charge, any of CONTRACTOR'S other collection vehicles,
containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem
necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to
this section. The right of the CITY to enter upon and use facilities and equipment as specified herein
shall extend for a period of ninety (90) days.
(c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching
and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement,
CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this
Agreement. In the event of such a material default, the reasonable time for correction pursuant to
Section 35 herein shall be seven (7) days.
35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT:
(a) In the event CONTRACTOR defaults in the performance of any of the obligations,
covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any
other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in
writing of the nature of such default.
(b) The Executive Director may, in such written instrument, set a reasonable time within which
correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for
correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If
the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such
notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within
such time as set forth in the notice and shall be required to diligently achieve such correction or remedy
as soon thereafter as possible.
(c) The Executive Director shall review the CONTRACTOR'S response to the notice of
deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in
writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be
final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the
City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of
receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings
in accordance with Chapter three of the Santa Ana Municipal Code.
(d) In such case, the City Council may set the matter for hearing. The City Clerk shall give
CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council
shall consider the report of the Executive Director indicating the deficiencies, and shall give the
CONTRACTOR a reasonable opportunity to be heard.
(e) Based on the evidence presented at the public hearing, the City Council shall determine by
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Resolution whether this Agreement should be terminated. If, based upon the record, the City Council
determines that the performance of CONTRACTOR is in breach of any material term of this
Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the
City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The
decision of the City Council shall be final and conclusive. CONTRACTOR'S performance under the
Agreement is not excused during the period of time prior to the City Council's final determination as to
whether such performance is deficient.
(f) The rights of termination or imposition of liquidated damages, as set forth in Section 36
hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its
obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR'S
Agreement or impose liquidated damages in the event of any of the following:
(1) If the CONTRACTOR practices, or attempts to practice, any fraud upon the CITY;
(2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or
upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding;
(3) If the CONTRACTOR fails to provide or maintain in full force and effect the
workers' compensation, liability or indemnification coverage as required by this Agreement;
(4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory
body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the
CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good
faith, in which case no breach of this Agreement shall be deemed to have occurred;
(5) If the CONTRACTOR willfully fails to make any payments required under the
Agreement and/or refuses to provide the CITY with required information and/or reports in a timely
manner as provided in this Agreement; or,
(6) Any other act or omission by the CONTRACTOR which materially violates the
terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to
time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or
remedied within the time set in the written notice of the violation.
(g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages
and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms
of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable
damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to
enjoin the breach thereof.
(h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged
to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to
cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default,
deposits the amount in controversy into an interest bearing account in a commercial bank or lending
institution and maintains such deposit until such time as a final judicial decision or agreement between
the parties determines the rightful disposition of the said amount in controversy; provided that
CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is
reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR's service of
written notice of default on the CITY.
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36. LIQUIDATED DAMAGES:
(a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this
Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall
be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this
Agreement. The factors relating to the impracticability of ascertaining damages include, but are not
limited to, the fact that: (i) substantial damage results to members of the public who are denied Solid
Waste collection services or denied quality or reliable collection service; (ii) such breaches cause
inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual
members of the general public for whose benefit this Agreement exists, in subjective ways and in
varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that
the monetary loss resulting from denial of services or denial of quality or reliable services is impossible
to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches,
and other remedies are, at best, a means of future correction and not remedies which make the public
whole for past breaches.
(b) Accordingly, the CITY may, in its discretion but after complying with the notice and
hearing procedures set forth in Section 35, assess liquidated damages of Five Hundred Dollars
($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in
accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual
CPI adjustment computed at one hundred (100%) percent of the CPI for All Urban Consumers (base
years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by the United States
Department of Labor, Bureau of Labor Statistics.
(c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above
described liquidated damages provisions represent a reasonable sum in light of all of the circumstances.
Said liquidated damages sums shall be applicable to each calendar day of delay during which
CONTRACTOR has been found by the CITY to be in default after having been given the proper notice
and hearing set forth in Section 35 of this Agreement. The CONTRACTOR shall pay any liquidated
damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not
paid within the ten (10) day period, the CITY may order the termination of this Agreement.
37. USE BY CITY OF CONTRACTOR'S EOUIPMENT•
Upon cancellation of this Agreement by either party for any reason prior to the end of the period
specified herein as the term of this Agreement, the CITY shall take possession and control of all
vehicles and equipment which it has licensed to CONTRACTOR pursuant to Section 11 herein and
CITY shall also have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors
and other items of equipment used by CONTRACTOR in the performance of the work specified in this
Agreement. Further, the City shall have access to the MRF and composting facilities used by the
CONTRACTOR for the Processing, Recycling and Yard Waste Diversion of Solid Waste produced or
accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as
specified herein shall extend following the date of cancellation of this Agreement for a period of ninety
(90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section
27
25A-35
shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at
the date of termination.
Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this
section may be withheld by the CITY and used by it for the purpose of paying any outstanding liens or
payments due and unpaid upon the said equipment.
38. COMPLAINTS:
(a) The CITY shall record all complaints and communications received by the CITY from
persons and businesses being served under the provisions of this Agreement and all other incidents of
failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall
be responsible to resolve such complaints within two (2) business days of receipt thereof.
CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which
shall include the complaint, the communication, the date, time, complainant's name and address if
provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be
delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the
right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the
Executive Director within twenty four (24) hours of receipt thereof.
(b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out in the
proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material
from the service recipient within twenty-four (24) hours of the CONTRACTOR'S receipt of notification
of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the
following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall
maintain a written record of all calls related to missed pick-ups and the service response provided by
the CONTRACTOR. Such records shall be made available for inspection upon request by the
Executive Director.
39. COMPENSATION REDUCTION DURING STRIKE PERIOD:
In the event that there occurs any period in which CONTRACTOR fails to maintain
substantially complete regular collection services pursuant to this Agreement and the collection
schedules then in effect, by reason of a strike or CONTRACTOR'S failure to pay his employees, and
only if such period includes more than ten (10) normal collection days (weekdays), then the following
shall apply.
(a) The City Council may assess damages against the CONTRACTOR in an amount which
does not exceed the sum of the following:
(1) The expenses incurred by the CITY in providing collection, Recycling, Yard Waste
Diversion and/or disposal services pursuant to Section 34; and,
(2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for
curbside service by the CITY from the public is reduced due to any reduction or refund of such fees
granted by the City Council to compensate such fee payers for the inconvenience experienced by them
28
25A-36
due to CONTRACTOR'S failure to furnish full performance during such period.
(b) In assessing damages, the City Council shall take into account the CONTRACTOR'S efforts
to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR
shall be given credit for Curbside Service Unit collections made by CONTRACTOR by having
damages assessed, subject to the above said maximum, in approximately the same proportion to the
compensation due CONTRACTOR for curbside service during the subject period as the number of
Curbside Service Unit collections which CONTRACTOR failed to make bears to the total number of
Curbside Service Unit collections which should have been made pursuant to this Agreement.
(c) In addition to any other lawful means of effecting recovery of the damages assessed against
CONTRACTOR the amount thereof maybe deducted by CITY from money due or which may become
due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR
objects to such assessment or set-off, it shall nevertheless maintain full performance under this
Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages
assessed.
(d) Refunds or reduction of payments of CONTRACTOR'S Customers shall be the sole
responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such Customer to
grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the
CONTRACTOR may condition such refunds or reductions or compensatory service upon the
Customer's filing of a claim for the same with the CONTRACTOR. To the extent Bin or Roll-Off
Service collections are made at CITY'S expense in the absence of CONTRACTOR'S performance,
CONTRACTOR shall be liable to CITY for a proportionate amount of the Customers' payments due to
the CONTRACTOR.
40. FEES AND GRATUITIES:
CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed
by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity
for the collection of Solid Waste otherwise required to be collected under this Agreement, except such
compensation as is provided for in this Agreement. However, CONTRACTOR may make available to
Bin Service users special services as provided for in Section 28 hereof. CONTRACTOR may make a
direct charge in each instance for such service under a written agreement which shall be subject to the
approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons
requesting such additional services. All such charges shall be collected by CONTRACTOR. Nothing
in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render
services of any kind to any person to the extent such services are not specifically required by the
provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional
services not provided for herein to one or more persons, to offer or render the same services to any
other person or entity.
41. LEGAL RELATIONS AND RESPONSIBILITIES:
29
25A-37
(a) Ap lip cable Laws: CONTRACTOR shall at all times comply with all applicable provisions
of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and
Federal laws and regulations; provided, however, no amendment of the Code shall operate to change
CONTRACTOR'S right to decline to pick up and collect any material or matter which is not Solid
Waste as defined in this Agreement or to decline to pick up and collect Solid Waste which does not
comply with the standards and limitations set forth in this Agreement, or otherwise operate to
materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal
laws become effective after the date of execution of this Agreement which require modifications to the
terms hereof, the parties agree to meet and confer regarding any such modifications.
(b) Personnel: No employee of CONTRACTOR shall continue to be employed on any work
under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy.
(c) Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it
by City, County, State and Federal agencies.
(d) Workers' Compensation Policy CONTRACTOR shall maintain in full force and effect
during the term of this Agreement, a workers' compensation policy in accordance with the provisions
and requirements of the Labor Code of the State of California and such other forms of insurance as
shall be required by law. The policy providing coverage shall provide that the insurance shall not be
suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail has been given to the CITY. Waivers of Subrogation shall be in effect
for any claims asserted against the CITY which arise out of CONTRACTOR's operations and
CONTRACTOR shall have this clause endorsed on their Workers' Compensation policies.
(e) Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the
City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this
Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability
insurance satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees,
as insured or additional insured, which provides coverage for liability for any and all claims and suits
for damages or injuries to persons or property resulting from or arising out of the performance by
CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees
pursuant to Section 1 of this Agreement, of CONTRACTOR's covenants hereunder, or any failure or
omission thereof.
Said policy or policies of insurance shall provide coverage for both bodily injury and property
damage in not less that the following minimum amount: One Hundred Million Dollars
($100,000,000.00) combined single limit and, in addition, Ten Million Dollars ($10,000,000.00) of
Environmental Impairment Liability coverage for bodily injury, property damage and cleanup costs as it
relates to the transportation of Solid Waste. Said insurance shall protect CONTRACTOR and CITY
from any claim for damages for bodily injury, including accidental death, as well as from any claim for
property damage which may arise from operations performed pursuant to this Agreement, whether such
operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Such
policy or policies shall contain severability of interests clauses so that the rights and duties of the CITY
are clearly separate from CONTRACTOR'S interests. Said policy or policies shall also contain a
30
25A-38
provision that no termination, cancellation or change of coverage of insured or additional insured shall
be effective until after thirty (30) days prior written notice by certified mail thereof has been given to
CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted.
(f) Insurance Responsibility for CITY Owned Solid Waste Collection and Recyclin~ Vehicles•
This Agreement expressly and absolutely transfers the entire responsibility for any and all damage to
the CITY owned Solid Waste collection and Recycling vehicles, and any and all liability arising out of
the use of such vehicles, directly and completely to CONTRACTOR. This same transfer includes the
requirement that CONTRACTOR has expressly agreed to be contractually, fully and completely
responsible for complying with all of the State of California's Motor Vehicle Insurance laws, rules and
regulations. To be more specific, this includes having CONTRACTOR insure each and every CITY
Solid Waste collection and Recycling vehicle for auto liability and physical damage, including both
collision and comprehensive insurance. The amount of auto liability insurance shall be not less than
One Hundred Million Dollars ($100,000,000.00) combined single limit, covering auto bodily injury
and property damage for owned, non-owned and hired vehicles. Collision and Comprehensive
coverage shall be insured on an actual cash value basis. If the physical damage insurance is insured on
a loss-limit basis, the loss limit shall be equal to or exceed the actual cash value of all of the CITY
Solid Waste collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best
Company with a minimum rating at A VII. The policy or policies shall contain severability of interest
clauses so that the right and duties of the CITY are clearly separate from CONTRACTOR'S interests.
The CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will verify
to CITY that adequate funds are available to pay any liability Self-Insured Retention, collision and
comprehensive deductibles, or other self-insurance plans approved by the CITY. Ninety (90) days or
more of prior notice for material change in coverage, exclusions and conditions or cancellation will be
endorsed onto CONTRACTOR'S policies in favor of the CITY. Loss Payee endorsements or similar
clauses will be endorsed onto CONTRACTOR'S property insurance policies protecting the CITY'S
Solid Waste collection and Recycling vehicles. Endorsements to all policies with policy declaration
pages will be required. Certificates of Insurance shall be provided prior to receiving insurer policy
endorsements.
(g) Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and
employees, against any and all damages to property or injuries to or death of any person or persons,
including property and employees or agents of CITY and shall defend, indemnify and save harmless
CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any
kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone
whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this
Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or
any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the
performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and
expense, any additional kinds and amounts of insurance which, in its own judgment, maybe necessary
for its proper protection in the performance of the work. Insurance coverage specified in this
Agreement shall in no way lessen or limit the terms of this indemnification.
(h) Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any
costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school
31
25A-39
and college districts regarding the Solid Waste collection regulations contained herein.
(i) Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on
strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any
term or condition of this Agreement or any performance required thereunder, or any remedy, damage or
other liability arising out of such refusal, neglect or inability to perform at any time.
42. SUBCONTRACTORS AND MANAGEMENT:
(a) The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first
obtaining the consent of the City Council.
(b) CONTRACTOR shall designate the person to be in charge of administering this
Agreement. The CITY retains the right to reject said person at any time during the term of this
Agreement upon reasonable grounds. Should the CITY require the replacement of any
person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within
which to designate, with the CITY'S approval, a new person.
(c) The CITY may cancel this Agreement pursuant to Section 35 or in the event of a breach of
the covenants in subsections (a) and (b) hereinabove.
43. ACCOUNTING AND AUDITING:
(a) The CONTRACTOR shall maintain financial records in accordance with generally
accepted accounting principles.
(b) CONTRACTOR shall make its records, reports, and methods of accounting available to the
CTTY'S designated representative during normal business hours to allow the such person to review and
verify the information reported pursuant to this Agreement including, but not limited to, the
information reported pursuant to Section 16 hereof, the information reported pursuant to Sections 22
through 25 including, but not limited to, the tonnages reported therein, and the Gross Receipts reported
pursuant to Section 10 hereof.
(c) CITY shall make its billing records available to CONTRACTOR upon reasonable notice
for the purpose of auditing such records.
44. BOND:
The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and
file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2,000,000.00)
conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its
subcontractors, if any. Said bond maybe written for a term of one year, and may thereafter be renewed
by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in
force for the complete term of this Agreement.
32
25A-40
45. MEDIA RELATIONS:
The CONTRACTOR shall notify the CITY by facsimile of all requests for news media
interviews related to the CITY'S Solid Waste collection program within twenty-four (24) hours. Before
responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed
response with the CITY. Copies of draft news releases or proposed trade journal articles shall be
submitted to CITY for prior review and approval at least two (2) working days in advance of release.
Copies of articles resulting from media interviews or news releases shall be provided to the CITY
within five (5) days after publication.
46. NOTICES:
Any notice required by this Agreement shall be sufficiently served if personally delivered or if
deposited into the U.S. Mail, postage prepaid, and if addressed as follows:
If served by CONTRACTOR upon CITY:
Executive Director of Public Works
Public Works Agency
City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, California 92701
If served by CITY upon CONTRACTOR:
David Ross
Senior District Manager
Waste Management
1800 South Grand
Santa Ana, California 92705
With a courtesy copy to:
West Group General Counsel
Waste Management, Inc
7025 N Scottsdale Road, Suite 200,
Scottsdale, AZ 85253
47. GENDER AND NUMBER:
As used herein, the masculine gender shall include the feminine and neuter, and the singular
shall include the plural.
48. VALIDITY:
33
2 5A-41
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of the other provisions of this Agreement.
49. ASSIGNABILITY:
CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of
performance under this Agreement, whether by assignment or novation, without the prior written
consent of the CITY; provided, however, that claims for money due or to become due to the CITY
under this Agreement may be assigned to a bank, trust company or other financial institution, or to a
trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or
transfer of any rights or interests herein to any other wholly owned subsidiary of Waste Management,
Inc. Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within
seven (7) calendar days of such assignment, merger or transfer.
50. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
hereinabove written.
ATTEST:
CITY OF SANTA ANA
PATRICIA A. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
JAMES G. ROSS
Executive Director, Public Works Agency
By:
34
25A-42
DAVID N. REAM
City Manager
USA Waste of California, Inc.,
By:
Title:
EXHIBIT "A"
The Licensed Equipment
DESCRIPTION QUANTITY
Volvo FE42T, Class 7 Tractor
23
Heil Rapid Rai132 Cubic Yard Trailer with 23
Automated Lifting Arm and Packer
Volvo WX64 Chassis
2
Heil Half-Pak Front Loading Body 2
Residential Wheeled Carts Per the Attached 120,000
Specifications
25A-43
SPECIFICATIONS
Solid Waste collection and Recycling plastic carts ("carts") for curbside service, City of Santa Ana,
California
Descriution
Size A:35 gallon
Depth: 23.75 inches maximum (including handles)
Width: 19 inches maximum
Height: 35 inches maximum (to body rim)
Size B: 64 gallon
Depth: 27 inches maximum (including handles)
Width: 24 inches maximum
Height: 39 inches maximum (to body rim)
Size C: 96 gallon
Depth: 34.5 inches maximum (including handles)
Width: 26 inches maximum
Height: 43 inches maximum (to body rim)
All three sizes must be available in green, grey and burgundy.
Technical Reauirements
1. Body: Carts shall be injection molded of virgin high density polyethylene plastic. The body
of the cart shall be molded to present a smooth interior and exterior surface. The body of the
carts shall have a minimum wear strip under the floor of %2 inch (protecting the floor from
abrasive contact with the street surface).
2. Material: Recyclable polyethylene, U.L. approved with a rating of HB or better.
Average Wall Thickness: Size A: Not less than .140 inch
Size B: Not less than .160 inch
Size C: Not less than .165 inch
Carts shall be suitable for use in temperature of >120° F to -20°F. All plastic and
component parts used in the construction of the carts shall be recyclable into other
polyethylene products. Crosslink resin is not acceptable. All carts shall be manufactured
with a minimum of 20% post consumer recycle content.
Carts shall be manufactured with a UV stabilizer. The UV stabilizer shall be added in the
solution during the polymerization, prior to pelletizing, compounding and molding.
Independent laboratory tests of the carts bid must accompany bid samples certifying
compliance as specified in part 2 of the detailed specifications.
2 5A-44
3. Wheels: Two (2) wheels with self-lubricating bearings with a minimum load rating of 120
lbs. per wheel. Wheels shall be attached to the axle via a tamper resistant snap-on method
which contains no metal components. No cotter pins, "Pal nuts" or similar restraining
devices shall be utilized to attach the wheel. All wheels shall be 1.75 inches wide. Wheels
shall be easily removed for replacement with anon-commercially available tool.
Wheel Sizes: Size A: 8 inches
Size B: 10 inches
Size C: 12 inches
4. Axles: Axles shall be solid steel and electro-plated with black zinc for durability and long
life. Carts should be designed in such a way as to prevent the axle from popping out. An
axle, which is only press fitted and not secured in some additional manner will not be
acceptable.
Axle Sizes: Size A: 5/8 inch
Size B: 6/8 inch
Size C: 7/8 inch
5. Lids: Lids shall be molded of the same material as the cart body and shall be permanently
attached to the cart body with plastic hinge(s). Metal fasteners are not acceptable. Lids
shall be watertight and slightly domed to facilitate run-off of rainwater. The lid shall be
designed to fold over parallel to the back side of the cart when fully opened. Lids shall be
factory assembled.
6. Locking Bar: The semi-automated lifting area shall be integrally molded with the body of
the cart. The locking bar shall be able to rotate a full three-hundred sixty (360) degrees and
shall be constructed ofzinc-coated steel to prevent rust and corrosion. Plastic locking bars
are unacceptable.
7. Certification by a certified independent laboratory shall be required of the following
minimum standards and quality assurance measurements:
7.1 Drop Impact Test -material and weight shall be cold soaked at a temperature of not
less than -20 F for 24 hours and dropped within 60 seconds of leaving the cold
chamber. Carts shall remain watertight after a minimum drop height of 15 feet.
Test loads are as follows:
Size A: 120 lbs. distributed
Size B: 160 lbs. distributed
Size C: 1801bs. distributed
25A-45
7.2 Lift and Dump Test - shall verify the cart's compatibility with approved,
commercially available, standard dumping equipment. Test shall be performed at
room temperature with a cycle time that simulates lift, dump and return of 6
seconds. Carts shall remain watertight and functional beyond 6,000 cycles. Test
loads are as follows:
Size A: 160 lbs. distributed
Size B: 250 lbs. distributed
Size C: 3501bs. distributed
7.3 WheeUAxle Test -shall verify the combined durability of the wheels, axle and cart
axle supports under fully loaded conditions. The two cycle tests shall be performed
at room temperature as follows:
Cycle 1 - with a rolling length of 75 feet and a 5" curb drop. Cart shall continue to
roll freely and be watertight after 1,000 drops.
Cycle 2 -repeated with a 5.5" stair drop.
watertight after 1,000 drops.
Test loads shall be as follows:
Size A: 125 lbs. distributed
Size B: 200 lbs. distributed
Size C: 3501bs. distributed
Cart shall continue to roll freely and be
7.4 Salt Spray - ASTM B117-90 corrosion tests shall be applied to the lift bracket for a
minimum of 96 hours and to the axle for a minimum of 500 hours. Bracket and axle
shall remain corrosion free.
8. Serial Number/Manufacture Date: Each cart shall be hot stamped with a seven digit, 1-%2"
high alphanumeric identification number on the front of the cart. An in-molded year/month
date wheel identification will be located on the bottom of the cart.
9. Markings: Each cart lid shall be clearly and permanently marked with the cart's size or
volume capacity.
9.1 Precautionary instructions shall be molded into the lids in English and Spanish as
follows:
Size A: Cart Capacity 35 Gallons
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 125 pounds.
Do not put anything hot such as ashes in the cart.
25A-46
Do not put paints, solvents, gasoline, oil, etc. in cart.
Size B: Cart Capacity 64 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 200 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
Size C: Cart Capacity 96 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 250 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
9.2 The hot stamp text area size shall be as follows:
Size A: 2%2" x 14"
Size B: 3%z" x 18"
Size C: 4%2" x 19"
10. References: Each bid shall include references of communities which have purchased like
sizes and quantities of carts. For each reference, carts shall currently be in service for a
minimum of 2 years.
11. Warranty: Each cart must be covered by a minimum 10 year warranty against materials and
manufacturing defects. The first five years (1 through 5) shall be with full warranty; years 6
through 10 shall be prorated.
25A-47
EXHIBIT "C"
Rates
Effective July 1, 2005
1.
2.
CURBSIDE SERVICE
Subject to the provisions of this Agreement, the City shall collect the rate of $14.93 on
behalf of the Contractor for curbside service. This rate represents the CONTRACTOR's
rate of $12.14, the City's administrative cost of $2.48, and the NPDES cost of $.31 per
curbside service unit. The City shall collect the rate of $13.18 on behalf of the
CONTRACTOR for all qualifying senior citizen and mobile park curbside service units.
This rate represents the CONTRACTOR'S rate of $12.14, the City's administrative cost of
$0.73, and the NPDES cost of $.31 per curbside service unit. The City shall be permitted to
retain its administrative and NPDES costs. Rates for each additional solid waste collection
and recycling plastic cart shall be no greater than $2.00 per month.
RESIDENTIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Residential Bin Service:
Monthly Rate
1 YARD BIN X 1/WEEK $73.04
1 YARD BIN X 2/WEEK $131.11
1 YARD BIN X 3/WEEK $189.15
1 YARD BIN X 4/WEEK $247.25
1 YARD BIN X 5/WEEK $305.26
1 YARD BIN X 6/WEEK $378.34
2 YARD BIN X 1/WEEK $78,70
2 YARD BIN X 2/WEEK $142.44
2 YARD BIN X 3/WEEK $206.17
2 YARD BIN X 4/WEEK $269.89
2 YARD BIN X 5/WEEK $333.63
2 YARD BIN X 6/WEEK $397.34
3 YARD BIN X 1/WEEK $114.30
3 YARD BIN X 2/WEEK $198.69
3 YARD BIN X 3/WEEK $283.00
3 YARD BIN X 4/WEEK $367.45
3 YARD BIN X 5/WEEK $451.81
3 YARD BIN X 6/WEEK $573.62
4 YARD BIN X 1/WEEK $134.95
4 YARD BIN X 2/WEEK $232.49
4 YARD BIN X 3/WEEK $330.01
4 YARD BIN X 4/WEEK $427.57
25A-48
4 YARD BIN X 5/WEEK
4 YARD BIN X 6/WEEK
$525.06
$674.94
CONTRACTOR may offer a discount in the Residential Bin rates to a Residential Bin
Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or
Yard Waste by Waste Type in separate bins.
3.
COMMERCIAL/INDUSTRIAL BIN
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for CornmerciaUindustrial Bin Service:
Monthly Rate
1 YARD BIN X 1/WEEK $58.33
1 YARD BIN X 2/WEEK $101.64
1 YARD BIN X 3/WEEK $145.01
1 YARD BIN X 4/WEEK $188.42
1 YARD BIN X 5/WEEK $231.74
1 YARD BIN X 6/WEEK $290.05
2 YARD BIN X 1/WEEK $64.23
2 YARD BIN X 2/WEEK $113.55
2 YARD BIN X 3/WEEK $162.82
2 YARD BIN X 4/WEEK $212.07
2 YARD BIN X 5/WEEK $261.36
2 YARD BIN X 6/WEEK $333.06
3 YARD BIN X 1/WEEK $92.62
3 YARD BIN X 2/WEEK $170.32
3 YARD BIN X 3/WEEK $247.96
3 YARD BIN X 4/WEEK $325.61
3 YARD BIN X 5/WEEK $403.25
3 YARD BIN X 6/WEEK $518.29
4 YARD BIN X 1/WEEK $121.04
4 YARD BIN X 2/WEEK $219.55
4 YARD BIN X 3/WEEK $318.11
4 YARD BIN X 4/WEEK $416.71
4 YARD BIN X 5/WEEK $515.26
4 YARD BIN X 6/WEEK $666.18
CONTRACTOR may offer a discount in the commerciaUindustrial bin rates to a
Commercial/Industrial Bin Service Customer if said Customer regularly segregates
Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins.
25A-49
4.
5.
ROLL-OFF SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Roll-Off Services:
Container Size Haul Rate Additional Fee for Compactor
10 Cubic yard $179.00 $37.29
20 Cubic yard $179.00 $37.29
40 Cubic yard $179.00 $37.29
In addition to the Roll-Off Service rates set forth above, CONTRACTOR may charge the
Roll-Off Service Customer for the actual Gate Fees paid at the Disposal Site or fees charged
at the Materials Recovery Facility.
SPECIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Special Bin Services:
(A) A bin which needs to be moved in excess of twenty-five (25) feet in order to be
emptied maybe assessed no more than the following fees:
(1) Moving of bins 25 to 50 feet: $1.00 per month times the number of times
emptied each week.
(2) Moving of bins 51 to 75 feet: $2.00 per month times the number of times
emptied each week.
(B) A bin which possesses casters may be assessed a caster charge of no more than
$2.50 per bin per month.
(C) CONTRACTOR may apply a surcharge to bin Customers who use trash compactors
of not to exceed a multiplier of 1.5 times the normal bin rate for said service.
(D) CONTRACTOR may charge a special service charge of no more than $2.00 a
month times the number of times a week a bin is emptied for moving a bin out of an
enclosure.
(E) CONTRACTOR may charge a fee of no more than $54.83 per bin for an additional
bin pickup when such pickup is requested by a Customer.
(F) CONTRACTOR may charge a fee of no more than $2.00 per month to a Customer
who requests a bin with a lock.
25A-50
(G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard Bin Service.
(H) CONTRACTOR may charge a reasonable fee for a plastic injection molded two (2)
cubic yard container.
(I) CONTRACTOR may charge a fee of no more than $61.82 per bin to persons who
need temporary use of a three (3) cubic yard bin.
(J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on
difficult to service streets.
(K) CONTRACTOR may charge a fee of no more than $30.00 per occurrence for
overflowing bins.
6. EMERGENCY SERVICES
(A) The rate per vehicle hour with a two (2) person crew providing emergency Roll-Off
Service on an on-call basis shall be no more than sixty dollars ($60.00) for the term
of this Agreement.
(B) The rate per vehicle hour with a two (2) person crew providing emergency Bin
Services on an on-call basis shall be no more than sixty five dollars ($65.00) for the
term of this Agreement.
25A-51
WASTE MANAGEMENT HOLDINGS INC. (WMH) GUARANTEE
Name of Underlying Contract: Third Amended and Restated Agreement for Collection and
Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana
Date of Underlying Contract: June 19,1997
Beneficiary: CITY OF SANTA ANA, a municipal corporation of the State of California
Address: 20 Civic Center Plaza, Santa Ana, CA 92701
WMH Contracting Company: USA Waste of California, Inc., a Delaware corporation
TO THE BENEFICIARY IDENTIFIED ABOVE:
With respect to that certain underlying contract identified above (hereinafter the
"Agreement") dated as of the above specified date by and between the WMH Contracting Company
identified above (the "Contractor") and the beneficiary identified above (the "Beneficiary"), and
subject to the terms of this letter agreement (the "Guarantee"), Waste Management Holdings Inc., a
Delaware corporation (hereinafter "WMH"), hereby irrevocably and unconditionally guarantees to
the Beneficiary the performance of all obligations and the due and punctual payment of all amounts
payable by the Contractor to the Beneficiary under the Agreement when the same shall become due
and payable in accordance with the terms of the Agreement. Upon failure of the Contractor
punctually to perform or pay any such amounts, and upon written demand by the Beneficiary to
WMH at its address set forth below (or to such other address or person as WMH may specify in
writing), WMH agrees to perform or cause to be performed and to pay or cause to be paid such
amounts.
Notwithstanding the foregoing, WMH's obligations hereunder as to any claim, suit,
proceeding, event or other matter in respect of which the Beneficiary at any time shall be seeking
payment hereunder (referred to herein as "Guarantee Events") shall be subject to the preconditions
that (i) the Beneficiary shall have given written notice of such Guarantee Event to the Contractor
promptly after learning thereof, (ii) in the case of any failure by the Contractor to perform any
obligation under the Agreement, shall have afforded WMH a reasonable opportunity to cure such
failure, and (iii) there shall not have occurred and be continuing any material breach by the
Beneficiary of its obligations under the Agreement.
WMH hereby agrees that, except as expressly provided herein, its obligations hereunder
will be unconditional and will not be discharged except by complete payment or other lawful
discharge (other than by operation of Bankruptcy law) of the amounts due under the Agreement,
irrespective of any claim as to the lack of authority of the Contractor to execute or deliver the
Agreement, the absence of any action to enforce the Agreement, the failure to obtain any judgment
against the Contractor, the failure to commence any action to enforce a judgment against the
Contractor under the Agreement or any similar circumstance which might otherwise constitute a
legal or equitable discharge or defense of a guarantor generally.
25A-52
Except as set forth above, WMH hereby waives diligence, presentment, demand on the
Contractor for payment, filing of claims, requirement of a prior proceeding against the Contractor
and protest or notice, except as provided for in the Agreement with respect to amounts payable by
the Contractor. If at any time payment under the Agreement is rescinded or must be otherwise
restored or returned by the Beneficiary upon the insolvency, bankruptcy, or reorganization of the
Contractor or WMH or otherwise, WMH's obligations hereunder with respect to such payment shall
be reinstated upon such restoration or return being made by the Beneficiary.
WMH represents the Beneficiary as of the date hereof that:
(1) it is duly organized and validly existing under the laws of the jurisdiction of its
incorporation and has full corporate power and legal right to execute and deliver this Guarantee and
to perform the provisions of this Guarantee on its part to be performed;
(2) its execution, delivery, and performance of this Guarantee have been and remain
duly authorized by all necessary corporate action and do not contravene any provision of its
certificate of incorporation or by-laws or any law, regulation, or contractual restriction binding on it
or its assets; and
(3) this Guarantee is its legal, valid and binding obligation enforceable against it in
accordance with its terms except as enforcement hereof may be limited by applicable bankruptcy,
insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights or by
general equity principles.
By accepting this Guarantee and entering into the Agreement, the Beneficiary agrees that
WMH shall be subrogated to rights of the Beneficiary against the Contractor in respect of any
amounts paid by WMHA pursuant to the Guarantee.
WMH acknowledges that the Contractor is a direct or indirect subsidiary of WMH and that
WMH will receive substantial benefit from the performance of the Agreement.
Neither this Guarantee nor the Agreement may be amended without the advance written
consent of WMH and the Beneficiary. No amendment shall be effective unless set forth in a
written instrument so executed.
If WMH shall default in the performance of its obligations hereunder, WMH shall pay to
the Beneficiary all costs incurred by the Beneficiary in enforcing its rights hereunder against WMH,
including reasonable attorney fees and court costs.
Any notice or other communication required or permitted by the terms hereof shall be in
writing and shall be given in a commercially reasonable manner to WMH at 1001 Fannin, 40th
Floor, Houston TX 77002, Attention: General Counsel, or to such other address as WMH shall
specify in writing to the Beneficiary at its above-specified address or such other address as the
Beneficiary shall notify to WMH as provided herein.
25A-53
This Guarantee shall be governed by and construed in accordance with the internal laws of
the State of Illinois applicable to contracts made to be performed therein.
The Beneficiary's receipt and acceptance of this Guarantee shall constitute the Beneficiary's
acceptance of and agreement to each and every term hereof.
WASTE MANAGEMENT HOLDINGS, INC. RECEIVED AND ACCEPTED:
(Beneficiary)
By: By:
Its: Its:
25A-54
REQUEST FOR ~~,
COUNCIL ACTION ~!'`_~
tid~tcauort !st
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MARCH 20, 2006
TITLE: APPROVED
CONTRACT AWARD FOR HISTORIC ^ As Recommended
RESOURCES CONSULTING SERVICES ^ As Amended
^ Ordinance on 1 S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
li 4 ~Y V
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a contract with the Sapphos
Environmental, Incorporated to assist with historic resources consulting
services in an amount not to exceed $71,000.
DISCUSSION
Surveying, documenting, and maintaining records for properties eligible
for listing on the Santa Ana Register of Historical Properties is a
requirement of the City's Certified Local Government (CLG) Agreement with
the California State Office of Historic Preservation. A Survey
Methodology was agreed upon by the Historic Resources Commission that
requires the City be divided into quadrants, and all properties would be
surveyed for architectural and cultural merit within each quadrant. The
survey process would be continuous in an effort to have each neighborhood
survey no more than five years old. This continual updating is important
in terms of the City's CLG status and the overall integrity of the
historic preservation program.
The City received three responses to the Request for Proposal for
historic consulting services: Sapphos Environmental, Inc., CRM Tech, and
Galvin Preservation Associates, Inc. After a thorough review, staff has
identified Sapphos Environmental, Incorporated as the firm best able to
comprehensively research and document properties within the City limits
that are not currently designated on the Santa Ana Register of Historical
Properties (grading summary attached as Exhibit 1) Sapphos
Environmental, Inc. has an excellent understanding of the survey process.
Additionally, Leslie Heumann will be one of the assigned Sapphos team
members, and she has a strong familiarity with the city and the
requirements of Chapter 30 of the Santa Ana Municipal Code.
25B-1
Contract Award for Historic
Consulting Services
March 20, 2006
Page 2
The total contract amount would be for an amount not to exceed $71,000.
which includes a contingency amount of $6,100.
FISCAL IMPACT
Funding for this project is available in the Community Development Block
Grant (CDBG) fund (project nos. 7501 and 7703, account no. 135-149-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Jay Trevino
E~ tive Director
Planning & Building Agency
~,
~ ~ ~ ~ ,~ , /
+ ricia C. Whit er ~
~ Executi~ Director V
Community Development Agency
HS:rb
hs\Reports\Historic_consulting_contract.cc
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Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25B-2
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25B-3
25B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE
AMEND AGREEMENT WITH
COMMUNITY SERVICES PROGRAM,
INC. TO PROVIDE DOMESTIC
VIOLENCE VICTIM ADVOCACY
PROGRAM
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend the agreement with Community Services Program
Inc., to operate a domestic violence victim advocacy program for an
additional amount of $14,815, for a total aggregate amount not to exceed
$57,505.
DISCUSSION
In December 2005, the California Office of Emergency Services awarded the
Police Department grant funding in the amount of $95,701 for the Santa
Ana's Focused Enforcement Team (SAFE-Team) project. This third year
funding provides for the assignment of an additional domestic violence
investigator and a full-time victim advocate to handle cases of domestic
violence, sexual assault, and stalking. The Police Department works in a
collaborative effort with Community Services Program, Inc. (CSP) to provide
additional personnel to work with victims of domestic violence and violence
against women in general.
Due to unanticipated benefit costs for the full-time victim advocate
provided by CSP, an additional $14,815 is required to continue their
services. Staff requests approval to increase the aggregate limit for CSP.
FISCAL IMPACT
Funds are available in the FY 2006 SAFE-Team Grant, Other Contractual
Services account (account no. 155-357-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
( ^~ ~ r~
\._ ~~V
Paul M. Walters
Chief of Police
Police Department
Francisco Gutierrez ~~
Executive Director
Finance & Mgmt. Services Agency
25C-1
25C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
~~
~dpcation 2st
CLERK OF COUNCIL USE ONLY:
RENEW SERVICE AGREEMENT WITH
MOTOROLA, INC. FOR
MAINTENANCE OF POLICE RADIO
MODEMS
(fin
CI Y MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to renew the agreement with Motorola, Inc. to service
the Police Department's vehicle radio modems and radio network controller
in an amount not to exceed $36,000.
DISCUSSION
In 1997, the Police Department was awarded a federal "COPS MORE" grant to
purchase laptop computers for patrol officers. An officer's laptop can
send and receive calls for service, messages, and emergency radio traffic.
A radio modem and a radio network controller are two pieces of required
equipment that allow an officer's laptop to communicate with the police
dispatch center. Motorola, Inc. was selected as the department's vendor
for vehicle radio modems and the radio network controller. Motorola modems
are proprietary and can only be serviced by Motorola, Inc. The one-year
service renewal agreement will provide maintenance and support for police
radio modems and the network controller.
FISCAL IMPACT
Funds are available in the Police Department's Computer Systems Other
Contractual Services account (account no. Olt-338-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
r
Paul M. Walters
Chief of Police
Police Department
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25D-1
25D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
RENEW AGREEMENT WITH TERRI
ORAZAKI FOR ADMINISTRATIVE
SERVICES
~~~
ITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend the agreement with Terri Okazaki for
administrative services in an additional amount of $20,000, for a total
aggregate amount not to exceed $30,000.
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative (UASI) grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of urban
areas by ensuring that all emergency first responders have adequate
equipment, training and systems to prevent, respond to, and recover from
acts of terrorism.
The Santa Ana Police Department administers the UASI grant and in this
capacity often assumes the lead role in acquiring equipment and services.
In an effort to facilitate the purchase of UASI grant supported equipment
and services, Terri Okazaki was contracted to provide administrative
services in support of procurement. Staff recommends amending the
agreement as Terri Okazaki has performed well and the Police Department
continues to be in need of her services.
FISCAL IMPACT
Funds are available in the FY 2004 UASI Grant Other Contractual Services
account (account no. 125-331-6291-33112).
__. ~
C~-i..,~..~ ~.1~ ~,,'~,
Paul M. Walters
Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
`~ ~~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25E-1
CLERK OF COUNCIL USE ONLY:
25E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
~' r e GI
4~~01
~~~~
TITLE:
CONTRACT AMENDMENT FOR FAMILIES
TOGETHER OF ORANGE COUNTY
~~
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend the agreement with Families Together of
Orange County - Lyon Street Parent Center to increase the amount of the
contract by $1,800 for a total amount not to exceed $13,300.
DISCUSSION
Over the past five years, the City of Santa Ana has implemented a Weed and
Seed Strategy, which includes two officially recognized sites. In October
2004 the City received funding for the two Weed and Seed sites to provide
services in the areas of law enforcement, community policing, prevention,
intervention and treatment and neighborhood restoration.
The City of Santa Ana contracted with several Weed and Seed partners to
assist with service delivery. One of these partners is Families Together
of Orange County - Lyon Street Parent Center. Under the current
agreement, the Center is designated as a safe haven site and is providing
a reading readiness/school readiness program for youth four and five years
of age. Currently, the Center has over 20 children on the waiting list.
At its meeting on January 24, 2006, the Weed and Seed Steering Committee
recommended to increase the contract amount by $1,800 to allow the
Families Together of Orange County to continue to provide services to
those children.
25F-1
Contract Amendment for
Families Together of Orange County
March 20, 2006
Page 2
FISCAL IMPACT
Funds are available in the Weed and Seed Site II Other Contractual
Services account (account no. 126-354-6291).
~~r~
Patricia C. Whitaker
Executive Director
Community Development Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez f'
Executive Director "~'`
Finance & Management Services Agency
PCW/MY-F/mlr
H:\ACTIONS\2006 CC\ContAmendFamTogetherOC 3-20-06.doc
25F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
AGREEMENT WITH ORANGE COUNTY
CONSERVATION CORPS FOR
ASSISTANCE WITH PARRS-RELATED
PROJECTS
~~
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with the Orange County
Conservation Corps to provide assistance with parks-related projects for a
one-year period, with provision for a one-year renewal, in an annual
amount not to exceed $90,000.
DISCUSSION
The Orange County Conservation Corps (OCCC) is a work and education
program that provides young at-risk adults between the ages of 17 and 25
years with an opportunity to gain work experience and job skills while
completing their high school education. The OCCC has been heavily
involved with the Parks, Recreation and Community Services Agency in
various Santa Ana restoration projects for the past several years. The
City would like to continue its relationship with the OCCC by utilizing
them to provide labor, supervision, equipment, and tools for the removal
and re-landscaping of Santiago Creek, and to prepare the Thornton Park
site for a wetland and riparian habitat restoration project.
FISCAL IMPACT
Funds are available in the State of California Urban Creek Restoration
Program account (account no. 171-108-6291) in the amount of $80,000, and
in the Southern California Wetlands Recovery Project account (account no.
169-269-6291) in the amount of $10,000.
~z~. -~.~
Gerardo Mouet
Executive Director
Parks, Recreation and Community
Services Agency
APPROVED AS ~O FUNDS AND ACCOUNT:
~{
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
25G-1
CLERK OF COUNCIL USE ONLY:
25G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
~~;
~/
~='-
tid~yca[ion Isl
TITLE:
CONDITIONAL USE PERMIT NO. 2006-02
TO CONSTRUCT A 50 FOOT HIGH
CELLULAR ANTENNA FOR SPRINT
PCS/NEXTEL AT 2200'/. EAST MCFADDEN
AVENUE - ALCOA WIRELESS, APPLICANT
- -~
,f.~.---.__
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2006-02 as conditioned.
PLANNING COMMISSION ACTION
On February 27, 2006, the Planning Commission approved Conditional Use
Permit No. 2006-02 as conditioned by a vote of 6:0 (Rodriguez absent) to
construct a 50-foot tall cellular antenna in the Light Industrial (Ml)
zoning district at 2200% East McFadden Avenue (Exhibit A) The Planning
Commission added conditions to extend the height of the proposed screen
wall to be equal in height to the height of the proposed equipment
structure, to plant the proposed screen wall with one gallon size Boston
Ivy and provide continual maintenance to the ivy, and to relocate one
existing Canary Island Pine to the west of the equipment room and another
Canary Island Pine to the east of the proposed monopine.
FISCAL IMPACT
There is no fiscal impact associated with this action.
J y Trevino
Ex tive Director
Planning & Building Agency
ME:rb
me\reports\cup06-02.cc
31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
FEBRUARY 27, 2006
~~
~tiauca~
PLANNING COMMISSION SECRETARY
TITLE:
PUBLIC HEARING - FILED BY ALCOA WIRELESS
FOR CONDITIONAL USE PERMIT NO. 2006-02 TO
CONSTRUCT A 50-FOOT HIGH CELLULAR ANTENNA
FOR SPRINT PCS/NEXTEL AT 2200% EAST
MCFADDEN AVENUE
Prepared by Marvin Ellenbecker
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
~~~.l.QiyL
Executive Director Planning anager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2006-02 as
conditioned.
DISCUSSION
Request of Applicant
Alcoa Wireless, representing
of a conditional use permit to
at 2200% East McFadden Avenue.
Property Description
Sprint PCS/Nextel, is requesting approval
construct a 50-foot tall cellular antenna
The property is located within the Light Industrial (M-1) zoning district
and has a General Plan land use designation of Industrial (IND)
(Exhibit 1). The property is bounded by industrial and retail uses to the
north and east in the City of Tustin and borders the Newport Freeway
(SR55) along the east property line. There are industrial and wholesale
retail uses to the south and west (Exhibit 2) The subject property is
owned by Public Storage Corporation and is approximately 8.04 acres in
size, rectangular in shape and improved with public storage buildings.
Project Description
Sprint PCS is proposing to lease 760 square feet of space at the south
edge of an existing public storage building for a 50-foot wireless
facility and equipment cabinets (Exhibit 3).
EXHIBIT A
31 A-2
Conditional Use Permit No. 2006-02
February 27, 2006
Page 2
The proposed wireless facility would include 12 panel antennas in three
sectors plus a four-foot diameter microwave dish camouflaged as a Canary
Island Pine Tree (Exhibits 4 and 5). The equipment cabinets would be
screened by a seven-foot high block wall using the same rock aggregate
material as the existing block walls and building exterior (Exhibit 6).
There are two existing eight-foot Canary Island Pine Trees that will be
relocated east of the proposed wireless facility. The site is screened at
the south edge of the property abutting the freeway entrance/exit with
mature pine trees.
Analysis of the Issues
In July 1998, the Planning Commission and City Council adopted an
ordinance that regulates Wireless Communication facilities throughout the
City. Major wireless facilities are required to have a stealth design and
be located on a building or in an area that provides the greatest amount
of visual screening. These antennas also require the approval of a
conditional use permit. The proposed wireless facility is located within
an enclosed storage area that is screened by mature trees from the SR55
Freeway, the freeway entrance/exit and Village Way. The proposed monopine
is designed to allow for future collocation by another provider.
The applicant has explored alternatives to the monopine structure, such as
locating the cellular antenna on the roof of an existing building in the
area. Structures in the area, however, are not tall enough to meet the
coverage needs of Sprint PCS. A 50-foot tall facility is needed in order
to improve cellular coverage and increase call capacity and quality. The
proposed cellular antenna will provide a benefit to Santa Ana residents,
businesses and motorists who subscribe to Sprint PCS by closing service
gaps in the area and providing additional calling capacity. Equipment for
the monopine will be located in new constructed cabinets within the leased
area. All wiring and conduit will be underground or hidden in the
interior of the monopole. The proposed wireless facility complies with
the City's Wireless Communications Facility Ordinance and will provide
needed service to the southeast section of the City.
Based upon the above analysis and findings, staff recommends that the
Planning Commission approve Conditional Use Permit No. 2006-02 as
conditioned.
31 A-3
Conditional Use Permit No. 2006-02
February 27, 2006
Page 3
CEQA Compliance
This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15303. This Class 3 exemption allows
in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2005-101 will be filed for this project.
~.., __
Marvin Ellenbecker
Landscape Development Associate
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31 A-4
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C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS
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C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN
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31 A-5
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31 A-6
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31 A-9
Site: Public Storage, #UG7{}XC721-A
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EXHIBIT 6
31 A-10
bk:2/23/06
RESOLUTION NO. 2006-004
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2006-02 TO ALLOW A 50-FOOT
WIRELESS TELECOMMUNICATIONS FACILITY FOR THE
PROPERTY LOCATED AT 22003/4 EAST MCFADDEN
AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2006-02 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
February 27, 2006.
B. Conditional Use Permit No. 2006-02 has been filed with the City of Santa
Ana seeking to allow a 50-foot wireless telecommunications facility for the
property located at 22003/4 East McFadden Avenue.
C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed 50-foot tall cellular monopine will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to Sprint PCS wireless service by reducing the
gaps in digital cellular service and providing additional calling
capacity for its users, especially for those users traveling
within the southeast sector of Santa Ana.
Resolution No. 2006-004
31 A-11 Page 1 of 6
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed monopine, in conjunction with the existing
landscaping, will be compatible with the surrounding area
and will not adversely affect the economic viability in the
area. The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
industrial area.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed monopine, in conjunction with the existing
landscaping, will be compatible with the surrounding area and
will not adversely affect the economic viability in the area.
The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
industrial area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The cellular facility has been designed to comply with the
regulations and conditions identified in Chapter 41 of the
Santa Ana Municipal Code for a major wireless facility.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed monopine facility will not adversely affect the
General Plan as cellular facilities that are designed to be
compatible with the surrounding environment are consistent
with the goals and objectives of the Industrial (IND) General
Plan designation.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15303. This Class 3 exemption
allows in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2005-101 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2006-02 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
Resolution No. 2006-004
31 A-12 Page 2 of 6
the abovesaid hearing, which includes but is not limited to: the Request for Planning
Commission Action dated February 27, 2006 and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 27th day of February, 2006 by the following vote:
AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz
(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Rodriguez (1)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2006-004 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on February 27, 2006.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2006-004
Page 3 of 6
31 A-13
Conditions for Approval for Conditional Use Permit No. 2006-02
Conditional Use Permit No. 2006-02 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below riot to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. The applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No. 05-
33).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. The proposed monopine shall be constructed as per approved plans and
the existing landscaping shall be protected in place during the construction
period for the 50-foot monopine facility.
4. The applicant will extend the height of the proposed screen wall so as to be
equal in height to the height of the proposed equipment room.
5. The proposed screen wall shall be planted on the north and west elevations
with one gallon size Boston Ivy vines.
6. If moving the existing Canary Island Pine Trees is possible, submit revised
plans to Planning Manager for review and approval showing one of the
existing Canary Island Pine Trees re-located to the west side of the
equipment room and the other Canary Island Pine relocated to the east of
the proposed monopine trees.
7. The permit applicant recognizes that the frequencies used by the cellular
facility located at 22003/< East McFadden Avenue are extremely close to
the frequencies used by the City of Santa Ana for Public Safety. This
proximity will require extraordinary "comprehensive advanced planning
and frequency coordination" engineering measures to prevent
interference, especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide" published by
the Association of Public-Safety Communications Officials-International,
Resolution No. 2006-004
EXHIBIT A Page 4 of 6
31A-14
Incorporated (APCO), and as endorsed by the Federal Communications
Commission (FCC). Prior to the issuance of any permits to install the
facility, (Permit Applicant) shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of the
Orange County Sheriff-Coroner Department to minimize, to the greatest
extent possible, any interference with the Public Safety 800 MHz
Countywide Coordinated Communications System (CCCS). Similar
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
8. At all times, the permit applicant shall not prevent the City of Santa Ana
from having adequate spectrum capacity on the City's 800 MHz radio
frequency.
9. Before activating its facility, the permit applicant will submit to a post-
installation test to confirm that "advanced planning and frequency
coordination" of the facility was successful in not interfering with the City of
Santa Ana Public Safety radio equipment. This test will be conducted by
the Communications Division of the Orange County Sheriff-Coroner
Department or aDivision-approved contractor at the expense of the
Applicant. This post-installation testing process shall be repeated for
every proposed frequency addition and/or change to confirm the intent of
the "frequency planning" process has been met.
10. The permit applicant shall provide a 24-hour phone number to which
interference problems may be reported. This condition will also apply to
all existing facilities in the City of Santa Ana.
11. The permit applicant will provide a "single point of contact" in its
Engineering and Maintenance Departments to insure continuity on all
interference issues. The name, telephone number, fax number and a-mail
address of that person shall be provided to the City's designated
representative upon activation of the facility.
12. The permit applicant shall insure that lessee or other user(s) shall comply
with the terms and conditions of this permit, and shall be responsible for
the failure of any lessee or other users under the control of permit
applicant to comply.
13. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
14. The proposed wireless communication structure must be engineered to
allow the collocation of other service providers.
15. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the equipment enclosure or inside the
building.
16. Conditional Use Permit No. 2006-02 expires five years from the date of
final City approval.
Resolution No. 2006-004
Page 5 of 6
31 A-15
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2°d ,
Santa Ana, California 92702.
I served the foregoing document described as: Resolution No. 2006- in this
action by placing a true copy thereof enclosed in Seale enve opes a resse as follows:
[insert the following here
Addressee
Address]
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2006-004
31 A-16 Page 6 of 6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
l~ ' ' ' ~~
~`
education lst
TITLE:
ADOPT AN ORDINANCE REVISING THE
OFFICIAL CITY EMBLEM AN'D ADOPT
RESOLUTIONS FOR A NEW CITY
LOGOICITY MOTTOS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Adopt an ordinance revising the official City emblem.
2. Adopt a resolution revising the City logo.
3. Adopt a resolution adopting various City mottos.
DISCUSSION
In 1972 the City Council adopted a resolution approving a new City emblem.
This was incorporated into the Santa Ana Municipal Code in 1975. The
Municipal Code however does not clearly state that the image on the City
seal is in fact the City emblem. This action will clarify that the image
on the City seal shall officially be considered the City emblem.
In addition to the emblem, Santa Ana has used a variety of City logos and
mottos to promote the essence of the City. In 1983 the current City logo
was adopted which reflects a skyline against a sunburst (Attachment A).
This logo was subsequently amended to incorporate the motto, "Education
First". The "Education First" motto is a reflection of the City`s
commitment to our educational partners and our desire to promote academic
opportunities for our residents. The "Education First" logo is displayed
on City entrance signs. The new proposed logo, with the "Education First"
motto, will continue to be placed on these entrance signs.
In order to update the City's logo after 23 years, a new logo has been
developed which will be used with the mottos: "Downtown Orange County",
"Education First", and "The Golden City" (Attachment A) The City motto
was "The Golden City" from approximately 1966 to 1990 and is still used on
the City emblem. These new mottos highlight Santa Ana's designation as the
county seat of Orange County and reflect Santa Ana`s historical
significance and our economic and cultural status in the region.
50A-1
Adopt an Ordinance Revising the Official
City Emblem and Adopt Resolutions for
New Logo/City Mottos
March 20, 2006
Page 2
The attached Ordinance and Resolutions give the City Manager authority to
determine when and how the revised City logo and City mottos will be
utilized. The City Manager would also need to authorize any use of these
symbols by private or public entities.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Patrici C. Whit' r
Executive Director
Community Development Agency
PCW/WRM/mlr
H:\ACTIONS\2006 CC\AdoptResosforNewCityLogos-Mottos-OrdRevisingSeal 3-20-06.doc
50A-2
ATTACHMENT A
(Page 1 of 2)
1983 Adopted Logo
~~
2006 Proposed Logo
50A-3
ATTACHMENT A
(Page 2 of 2)
~~
50A-4
(JWF 3/15/06)
ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION 2-200 OF THE
SANTA ANA MUNICIPAL CODE RELATED TO THE
DEPICTION ON THE CITY SEAL.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Section 2-200 of the Santa Ana Municipal Code establishes a City Seal to
be used by the Clerk of the Council in authenticating certain documents of
the City.
B. Section 2-210 of the Santa Ana Municipal Code establishes a City
Emblem purpose of symbolically representing the authority of the City of
Santa Ana.
C. Section 2-200 does not call for the depiction on the City Seal to be the City
Emblem.
D. Incorporation of the City Emblem into the City Seal will clarify the City's
symbolic representations.
Section 2. Section 2-200 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 2-200. City seal--Designation.
The city seal is the impression made by that certain instrument retained and used
by the clerk of the council for the purpose of attesting documents as acts of the city
council. The general design and the details of the impression made by the city seal,
shall correspond to the City Emblem as established in Section 2-210 of the Santa
Ana Municipal Code from time to time.
t#~e~ee
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
Ordinance No. NS-
Page 1 of 2
50A-5
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance 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.
ADOPTED this day of , 2006
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
Page 2 of 2
50A-6
(JWF 3/8/06)
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FORMALLY ADOPTING A NEW CITY LOGO,
RETIRING THE OLD CITY LOGO AND AUTHORIZING
AND DIRECTING THE USE AND LICENSING OF THE
CITY LOGO IN OFFICIAL CITY COMMUNICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. From time to time, the City of Santa Ana has utilized various logos as
symbols of business and investment opportunities offered by the City.
These logos have been used in addition to the official City Emblem
adopted by the Santa Ana Municipal Code which is described in Section
2-210 of the Santa Ana Municipal Code and depicted, among other
places, on the City flag.
B. The current City logo, depicting the rays of the sun rising behind a stylized
city skyline above the script words "Santa Ana", was initially adopted in
1983 by Resolution No. 83-63 (the "1983 Logo");
C. The 1983 logo was modified in 1990 by Resolution No. 90-025 with the
addition of the words "Education First" on a ribbon below the logo in
recognition that the City had joined forces with Santa Ana's educational
institutions and chambers of commerce to promote educational
opportunities (the "Revised 1983 Logo");
D. With the passage of time and continued growth and development of Santa
Ana, the Revised 1983 Logo deserves updating in order to continue to
present a fresh and progressive image of the City of Santa Ana;
E. By companion Resolution 2006- ,the City Council has formally adopted
three City mottos, "The Golden City", "Education First" ", and "Downtown
Orange County, the former two having been long used by the City;
Section 1. That certain graphic attached hereto and marked as Attachment "A"
is hereby by adopted as the official City Logo (the "2006 Logo").
Resolution No. 2006-
50A-7 Page 1 of 3
Section 2. The City Attorney is authorized and directed to take all necessary
actions to protect the City's intellectual property interests in the 2006 Logo, and cause it
be registered as a service mark of the City with the US Patent and Trademark Office.
Section 3. The City Manager is authorized and directed to apply the 2006
Logo to such City documents, publications, brochures and communications (electronic
and physical), and on signs, vehicles and buildings, as he or she may deem advisable
from time to time. Use of the 2006 Logo shall be in addition to, or in the place of, use
and display of the City Emblem as the City Manager may deem appropriate, unless
otherwise directed by the City Council or as provided in the City Charter or Municipal
Code. The City Manager is also authorized and directed to use any of the City mottos
in conjunction with the 2006 Logo as he or she may deem appropriate from time to time.
Section 4. The City Manager is authorized to enter into agreements with
private and public entities and person for authorized use of the 2006 Logo when
consistent with the intent of this Resolution and upon such terms as he or she may
deem reasonable in consultation with the City Attorney. Use of the 2006 Logo by any
person without the written consent of the City Manager is hereby prohibited, and the
City Attorney is hereby authorized and directed to take any and all action necessary or
reasonable to protect the City's ownership of the 2006 Logo.
Section 5. The Revised 1983 Logo shall no longer be used, except that
existing displays shall continue until replaced in the normal course of business;
provided, however, that City staff shall continue to prevent its use by non-authorized
persons. It shall remain the property of the City.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Resolution No. 2006-
Page 2 of 3 50A-8
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006- to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2006-
50A-9 Page 3 of 3
Attachment A
50A-10
(JWF 3/8/06)
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FORMALLY ADOPTING THE SANTA ANA
CITY MOTTOS AND DIRECTING THE USE OF CITY
MOTTOS IN OFFICIAL CITY COMMUNICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Santa Ana has long referred to itself as The Golden City, and since at
least 1972, the City has used the phrase "the Golden City" as a motto on
the official City Emblem;
B. In 1990, in recognition that the City had joined forces with Santa Ana's
educational institutions and chambers of commerce to promote
educational opportunities, the city logo was revised to add the phrase
"Education First" to the logo;
C. Santa Ana is the historical center of Orange County and the City Council
desires to recognize and promote Santa Ana as the original and still
"Downtown" for all of Orange County;
D. No one motto can fully communicate all that Santa Ana stands for, and the
three foregoing mottos are valuable in conveying the nature and essence
of the Santa Ana today and should be used in various representations of,
and communications by, the City of Santa Ana.
Section 2. The phrases "The Golden City", "Education First" and "Downtown
Santa Ana" are hereby adopted as formal mottos of the City of Santa Ana. The City
Manager and the City Attorney are authorized and directed to take all necessary action
to protect the City's intellectual property interests in these mottos and, to the extent
feasible and where appropriate, cause them to be registered as service marks of the
City with the US Patent and Trademark Office.
Section 3. The City Manager is authorized and directed to use any of said
mottos in or on City documents, communications, signs, vehicles and equipment alone
or in conjunction with the 2006 City Logo adopted by companion Resolution 2006-
, as he or she may deem appropriate, unless otherwise directed by the City
Council or as provided in the City Charter or Municipal Code.
Resolution No. 2006-
50A-11 Page 1 of 2
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of
2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006- to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Resolution No. 2006-
Page 2 of 2
Clerk of the Council
City of Santa Ana
50A-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
RESOLUTION AUTHORIZING
TRANSPORTATION ENHANCEMENT
ACTIVITIES PROGRAM GRANT
AP,PLICATI ONS .
ITY
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
As Recommended
As Amended
Ordinance on 15' Reading
Ordinance on 2nd Reading
Implementing Resolution
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the Executive Director of the Public Work
Agency to submit projects for funding under the Transportation
Enhancement Activities Program.
DISCUSSION
The Orange County Transportation Authority is accepting grant
applications for the Transportation Enhancement Activities (TEA) Program.
The goal of the TEA Program is to help cities better integrate
transportation facilities into their infrastructure and to provide an
overall better quality of life. The total estimated funding amount for
this cycle is $8.2 million, divided into two program areas which will
receive $4.1 million each over two years: 1) Bicycle and Pedestrian
Facilities and 2) Landscaping and Scenic Beautification.
The Public Works Agency and Parks, Recreation and Community Services
Agency are submitting applications for five projects under the two
programs. These projects are as follows:
PROJECTS
FY
1. MacArthur Boulevard Golden Loop Trail Head Landscaping 06/07
2. Main Street Archway Sign 05/06
3. Maple Street Bike Trail Enhancement Project 06/07
4. Santa Ana Depot Art Wall 05/06
5. Santiago Creek Bike Trail Gap Closure & Enhancement 06/07
Improvements include: landscaping & irrigation at MacArthur Golden
Trailhead, a new archway sign on Main Street north of Warner avenue,
exercise equipment and landscaping at the Maple/Occidental Bike Trail,
supplemental funding for the art wall at the Depot, and landscape
enhancement of the Santiago Bike trail at the I-5 Freeway and at Main
Street.
I~ "~;i
~~
~aucauon !st
55A-1
Resolution Authorizing Transportation Enhancement
Activities Program Grant Applications
March 20, 2006
Page 2
Applications will be reviewed and evaluated by OCTA staff and a
recommendation for award is expected to be taken to OCTA Board in April
2006.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Since this program is federally funded, the City will need to provide 25%
matching funds for any project that receives these monies. Funds for the
City's 25% match for projects receiving TEA grant funds will need to be
budgeted in the City's Capital Improvement Program.
James G. Ross
Executive Director
Public Works Agency
Gerardo Mouet `~
Executive Dire for
Parks, Recrea ion and
Community Services Agency
55A-2
LES 3110/06
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING APPLICATION FOR FUNDS
FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY
(TEA) PROGRAM UNDER THE 1998 TRANSPORTATION
EQUITY ACT FOR THE 21ST CENTURY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The United States Congress enacted the Safe, Accountable, Flexible,
Efficient, Transportation Equity Act - Legacy for Users June 1998,
replacing the Transportation Equity Act for the 21St Century which make
funds available to the Orange county Transportation Authority (OCTA) for
transportation enhancement activities. The goal of the TEA Program is to
help cities better integrate transportation facilities into their infrastructure
and provide an overall better quality of life.
B. The total estimated funding amount for this cycle is $8.2 million, divided
into two program areas which will receive $4.1 million each over two
years. The two program areas are Bicycle and Pedestrian Facilities, and
Landscaping and Scenic Beautification.
C. The Public Works Agency and Parks, Recreation and Community
Services Agency are submitting applications for five projects under the two
program areas. The projects are as follows:
1. MacArthur Boulevard Golden Loop Trail Head Landscaping
2. Main Street Archway Sign
3. Maple Street Bike Trail Enhancement Project
4. Santa Ana Depot Art Wall
5. Santiago Creek Bike Trail Gap Closure and Enhancement
D. The City of Santa Ana will maintain and operate the property acquired,
developed, rehabilitated or restored for the life of the facility(ies) or activity;
and the Public Works Agency understands that it may only transfer the
responsibility to maintain and operate the property with the approval of the
California Department of Transportation (CalTrans) and OCTA.
Resolution No. 2006-
55A-3 Page 1 of 3
E. The Public Works Agency will give CalTrans and OCTA's representatives
access to and the right to examine all records, books, papers, or
documents related to the transportation enhancement activity.
F. The Public Works Agency will cause work on the project(s) to commence
within a reasonable amount of time after receipt of notification from the
State that funds have been approved by the Federal Highway
Administration and the project(s) will be carried to completion with
reasonable diligence.
G. The Public Works Agency will comply with provisions of the California
Environmental Quality Act, the National Environmental Quality Act, the
Americans with Disabilities Act, and any other federal, state, and/or local
laws, rules and/or regulations, as applicable.
Section 2. The City Council hereby authorizes the Executive Director of the
Public Works Agency to apply for the funding and submit the list of projects, as well as
any related documents required under the Transportation Enhancement Activities
Program.
Section 3. The City Council hereby agrees to fund its share of the project
costs over the identified programmed amount. This action is in conformance with the
OCTA TEA guidelines and does not exceed seventy-five percent of the total eligible
costs.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
55A-4 Resolution No. 2006-
Page 2 of 3
ADOPTED this day of
2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of
attached Resolution No. 2006-
Council of the City of Santa Ana on
Date:
the Council, do hereby attest to and certify the
_ to be the original resolution adopted by the City
Clerk of the Council
City of Santa Ana
55A-5
Resolution No. 2006-
Page 3 of 3
55A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2006
TITLE:
PROPOSED AMENDMENTS TO
CLASSIFICATION AND
COMPENSATION PLANS AND
ANNUAL BUDGET
r n'~
,~Eaucel~oo t~~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a Resolution that amends the City's Basic Management and Non-
Management/Confidential Classification and Compensation Plans (Resolution
Nos. 91-066 and 91-067) and amends the Fiscal Year 2005-06 Annual Budget to
reflect these changes.
DISCUSSION
The following proposed changes are part of an ongoing effort to ensure that
the City's Basic Classification and Compensation Plans reflect current
organizational needs and establish market-competitive salary rates with
equity among job classifications with comparable responsibilities.
I. Proposed Pay Equity Adjustment
The Police Technology and Support Administrator is a single position job
classification originally created to manage the operations of the Police
Department's computer systems and crime analysis unit, as well as provide
supervisory oversight of the Communications, Records, and Property and
Facilities divisions. Recently, this classification assumed supervisory
authority over the Fiscal, Crime Prevention, and Homeland Security
functions. As a result of these additional responsibilities, as well as
the Police Department's increasing reliance on state-of-the-art computer
technology and statistical analysis, the scope and authority of this
classification has exceeded its compensation level and the incumbent is
underrepresented in the City's salary structure. Therefore, the Police
Chief is requesting a 7.5% equity adjustment to appropriately compensate
the incumbent and reflect the increased level of responsibility associated
55B-1 ~S~
Classification/Compensation Plan
March 20, 2006
Page 2
with these significant functional areas.
II. Proposed Title Change
The City Attorney proposes that the title Legal Management Assistant
(Exempt)(UC) be changed to Senior Legal Management Assistant (Exempt)(UC),
as this title better reflects the responsibilities of the job
classification and is consistent with other City job titles with the same
compensation and level of responsibility. This change applies only to the
job title; it does not result in any change in compensation.
FISCAL IMPACT
Assuming an effective date of April 1, 2006, the cost of the equity
adjustment for the Police Technology and Support Administrator (MM) will be
$2133 for the remainder of the fiscal year.
APPROVED AS TO FUNDS AND ACCOUNTS:
nrique Alv
Executi Dir ct r
Personn l Services
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
P 1 Walters
Police Chief
Police DPDartment
Jose h" e c e
Cit ey
Ci rnev's Office
55B-2
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NOS. 91-066 AND
91-067 TO AMEND THE CITY'S BASIC CLASSIFICATION AND
COMPENSATION PLANS TO PROVIDE AN INCREASE IN
SALARY FOR THE MIDDLE MANAGEMENT CLASSIFICATION
OF POLICE TECHNOLOGY AND SUPPORT ADMINISTRATOR
(MM) AND TO CHANGE ONE CLASSIFICATION TITLE IN THE
CITY ATTORNEY'S OFFICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On July 1, 1991, the City Council passed and adopted Resolution
No. 91-066, re-establishing the Basic Classification and Compensation
Plan for classes of employment designated as Executive Management
(EM) and Middle Management (MM).
C. On July 1, 1991, the City Council passed and adopted Resolution No.
91-067, re-establishing the Basic Classification and Compensation Plan
for classes of employment designated as Unaffiliated Confidential (UC).
D. The Police Chief proposes to increase the salary level for the middle
management classification title of Police Technology and Support
Administrator (MM), in order to maintain internal pay equity relationships
and attract and retain qualified candidates.
E. The City Manager proposes to change one existing full time classification
title to more accurately reflect the duties and responsibilities of the position
and keep internal consistency with other classifications.
F. It is now desired to amend Council Resolution Nos. 91-066, as amended,
and 91-067 as amended, in order to effect these changes.
Resolution 2006-
Page 1 of 3
55B-3
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA:
Section 2: That Section 3B of Resolution No. 91-066, as amended, is hereby
further amended by providing an equity adjustment to the following class title: Police
Technology and Support Administrator (MM)
15-Step Salary Rate Range (SRR) Effective 03/20/06
FROM Annual Salary
No. Min-Max
MM-22 ($78,504-110,904)
TO Annual Salary
No. Min-Max
MM-25 ($84,540-119,436)
Section 3: That Section 3.1 of Resolution No. 91-067, as amended, is hereby
further amended by changing the existing unrepresented confidential classification title
of Legal Management Assistant (Exempt) (UC) to Senior Legal Management Assistant
(Exempt) (UC), at no change to the six-step salary rate range currently assigned.
Section 4: That except as amended by this Resolution, all other provisions of
Resolution Nos. 91-066, as amended, and 91-067, as amended, shall remain in full
force and effect.
2006.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph Straka
Assistant City Attorney
Resolution 2006-
Page 2 of 3
Section 5: That this Resolution shall be operative from and after March 20,
ADOPTED this 20th day of March, 2006.
Miguel A. Pulido
Mayor
55B-4
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2006- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution 2006-
Page3of3
55B-5
55B-6