Loading...
HomeMy WebLinkAboutGREAT WESTERN RECLAMATION, INC. A-76-42 tat WW1 in fact, voted down at the last League meeting; that some com- promise might be worked out (i .e. 2- 1/8¢ , 2-1/4¢) to give the Director of the Orange County Division a reasonable cost of living increase , but that there does not seem to be a need for a full time Director. Councilman Garthe suggested that the Division designate the items that could be cut or reduced to trim the budget to 2-1/2¢ or less. Councilman 'Brandt's motion, seconded by Councilman Ward, to approve the budget based on an assessment of 2¢ per capita, with instruc- tions that a reasonable cost of living and expense reimbursement increase for the Executive Director would be entertained by this Council , failed on a 3 : 2 vote , with Councilmen Garthe and Ortiz dissenting. Councilman Garthe ' s motion that the Council approve an assessment not to exceed 2-1/2¢ per capita, failed for lack of a second. CA 148 . 1 ,STATUS REPOU A status report prepared REFUSE COLLECTION CONTRACT by Ronald E. Wolford, FILED Assistant City Manager, on March 1 , 1977, and the draft Request for Proposal for consultant services , were received and filed on the motion of Councilman Ortiz , seconded by Council- man Garthe, and carried unanimously 5 : 0 . CA 11 . 1 A-76-42 REORGANIZATION - RECREATION $ The interim report on the PARKS DEPARTMENT reorganization of the INTERIM REPORT FILED Recreation and Parks Department prepared by Director of Recreation and Parks Robert E . Gresham and dated April 26 , 1977 was received and filed on the motion of Council- man Brandt , seconded by Councilman Ortiz , and carried 4 : 1 , •with Councilman Yamamoto dissenting. CA 52 THORNTON PARK LAKE DEVELOPMENT On the motion of Council- REFERRAL ITEM 7- 77 man Brandt , seconded by MASTER PLAN AMENDED; DELETED Vice Mayor Ward, and carried 5 : 0 , Staff was authorized to continue with the phased development of Thornton Park, to postpone development of the lake phase until either new or reclaimed water sources are made available ; and to maintain continually the lake site to eliminate any safety hazards ; Council Referral Item #7- 77 was deleted from the Summary. CA 52 PROPOSED BARRIER - ROSS STREET A report dated April 27 , REFERRAL ITEM 1- 77 1977 , prepared by Traffic FILED; DELETED Engineer Joe Foust analyz- ing the Ross Street Traf- fic problem was received and filed, and Council Referral Item No. 1- 77 was deleted from the Summary, on the motion of Council- man Yamamoto , seconded by Councilman Garthe , and carried 5 : 0 unanimously. CA 29 . 1 APPROPRIATION ADJUSTMENT #219 Appropriation Adjustment REFUSE COLLECTION LABOR COSTS #219 transferring $3, 200 APPROVED from the Street Lighting to the Refuse Collection account to fund unanticipated staff, labor costs was approved on the unanimously carried 5 : 0 motion of Councilman Brandt, seconded by Councilman Garthe. CA 65 . 3 CITY COUNCIL MINUTES 146 MAY 2 , 1977 f`' V AGENDA ORDER Consideration of. the ABC APPLICATION - MOREHEAD Alcoholic Beverage License. Application of Patrick N. Morehead, 1109 N. Harbor Boulevard, was postponed to the end of the afternoon Agenda. READING WAIVED On the unanimously approved 5 :_0 motion of Councilman Garthe , seconded by Councilman - Brandt, Council waived full reading of all ordinances and reso- lutions , the titles of which appeared on the public Agenda, and consideration was given by title only. ORDINANCE NS-1357 AN ORDINANCE OF THE CITY CRIMINAL HISTORY INFORMATION COUNCIL OF THE CITY OF FIRST READING SANTA ANA ADDING SECTION 1-17 TO THE SANTA ANA MUNICIPAL CODE, PERTAINING TO THE USE OF STATE SUMMARY CRIMINAL HISTORY INFORMATION BY SPECIFIED OFFICIALS WHEN INVESTIGATING APPLICATIONS OF LICENSES AND PERMITS, revised in accordance with Council comments of April 18 , 1977 , was placed on first reading on themotion of Councilman Yamamoto, seconded by Councilman Garthe , and carried 4 : 1 , with Councilman Qrtiz dissenting. CA 47 ; CA 65 . 6 RESOLUTION 77- 52 A RESOLUTION OF THE CITY. DEPUTIES - ATTORNEY F, ENGINEER COUNCIL OF THE CITY OF ADOPTED SANTA ANA APPOINTING DEPUTIES OF THE CITY ATTORNEY AND THE CITY ENGINEER was adopted unanimously S : 0 , on the motion of Councilman Brandt, seconded by Councilman Garthe. CA 50. 1 RESOLUTION 77- 53 A RESOLUTION OF THE CITY UNIFORM FEE SCHEDULE COUNCIL OF THE CITY OF ADOPTED SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF - FEES AND REPEALING RESOLUTION NOS. 75.24 , 75=66, 75-74, 75-115, 76- 50 , 76-126 , 76- 127 AND 76-139 was adopted on the unanimously carried 5: 0 motion of Councilman Yamamoto, seconded by Council- man Brandt. CA 65 SMITH-TUTHILL-LAMB BUILDING On -the motion of Councilman 518 NORTH BROADWAY Brandt, seconded by Council- REFERRED man Garthe , and carried 5 : 0 unanimously, two letters received urging the preservation of the Smith-Tuthill-Lamb Mor- tuary building were referred to the Community Redevelopment Commission for review. One letter dated April 14, 1977 was signed by Mrs . Thomas G . Schauwecker, President of the San Juan Capistrano Historical Society, and favored County use of the property. The second letter dated April 20 , 1977 was signed by Florence M. Winkler, President of the Santa Ana Historical Preser- vation Society, and suggested the building be shared by the City and the County, possibly as an information office . CA 85 . 1f AGENDA ORDER Discussion of the Orange LEAGUE OF CITIES BUDGET County Division, League POSTPONED TO EVENING AGENDA of Cities Budget was post- poned until the arrival of Councilman Bricken, on the unanimously carried 5 : 0 motion of Councilman Yamamoto, seconded by Councilman Garthe. Prior to the above motion, Councilman Brandt stated that it seems to be the feeling of League representatives that the. three cent per capita assessment is excessive , and that it was , CITY COUNCIL MINUTES 145 MAY 2, 1977 piturn wets REFUSE COLLECTION CONTRACT On the motion of Council STATUS REPORT & DRAFT REQUEST man Ortiz, seconded by FOR PROPOSAL - CONTINUED Councilman Bricken, the Status Report regarding Refuse Collection Contract, and: the draft Request for Proposal for Consultant Services , were continued to May 2 , 1977 by unanimous 6 : 0 vote. CA 11. 1 A-76-42 INCREASE IN LOCAL The Clerk of the Council DRAINAGE AREA FEES was directed to set a PUBLIC HEARING ORDERED public hearing for the consideration of a 13% increase in local drainage area fees needed - because of increased construction costs , on the unanimously carried 6 :0 motion of e— Councilman Ward, seconded by Councilman Garthe. (The public hearing was su-bsequently set for April 26, 1977 at 5 : 00 P.M. ) CA 70 APPLICATION FOR FUNDING The submission of an SOUTHERN PACIFIC BIKE TRAIL application to Orange RATIFIED. - County for second year - funding of the Southern Pacific Bike Trail between Bristol Street .and Warner Avenue for fiscal year 1977-78 (SB 821) by Staff on March 4 , 1977 was ratified on the unanimously approved 6 :0 motion of Council- man Ward, seconded by Councilman Bricken. CA 18.6 USE OF TITLE II -EDA FUNDS The $50;000 available REPAIRS TO POLICE BUILDING under Title II of the APPROVED Public Works-Employment Act of 1976 was auth- orized for use to repair and modify the first floor of the F Police Department building (Project P-2) , changing the scope of the project from remodeling to repairs, as described in a report dated April 12 , 1977 prepared by Captain J. L. Dittman, on the motion of Councilman Ward, seconded by Councilman Yamamoto, and carried 6 :0 unanimously. CA 140. 30 CA 47 APPROPRIATION ADJUSTMENT 193 On the unanimously 6 : 0 CETA TITLE III SUMMER YOUTH PROGRAM approved motion of Coun- APPROVED WITH MODIFICATION cilman Ward, seconded by Councilman Garthe , the following action was authorized as recommended by Keith E. Blunt, Manpower Project Coordinator, in his April 5, 1977 report , with a $12 ,022 increase in the City's allocation, and a $12 ,022 decrease in the County allocation for summer youth: 1) Authorized the City Manager to apply for $512 ,022 of CETA Title III funds to serve approximately 750 youth with a 1977 Summer Youth Program; 2) Authorized the allocation of $153,398 CETA Title III funds to the County of Orange to serve Santa Ana youth in County departments ; ' and 3) Approved Appropriation Adjustment #193 establishing -the activity account in the amount of $512 ,022 for the Summer Youth Program. CA 65.3 CA 131 .11 CA -140. 3 CITY COUNCIL MINUTES 131 APRIL 18 , 1977 APPROPRIATION ADJUSTMENT 95 Appropriation Adjustment BUS PASSENGER SHELTERS #95 transferring $55 ,040 APPROVED from Orange County Transit District Revenue Account to Local Streets account for installation of bus passenger shelters was approved on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 5 :1 , with Councilman Ortiz dissenting. CA 65. 3 CA 84 ORAL COMMUNICATION Mr. Miles Leach, 2025 WATER CONSERVATION METHODS West Tenth Street , sug- gested that the Water Conservation booklet mailed to residents of Santa Ana should have advised customers to have the water level mechanism adjusted in toilet tanks .-. rather than to advise the placement of a plastic bottle in the tank. He stated his opinion that the plastic bottle could move and keep the water running. CA 12 ORAL COMMUNICATION H Fire Chief B. J. Thompson PARAMEDIC SERVICE REPORT reported that Santa Ana Tustin Community Hospital hopes to have sufficient personnel for the operation of the third paramedic van by May 15 , 1977 ; that a driver, an EMT I and two paramedics will be on duty. Chief Thompson also reported that the Fire Depart- .meat 's paramedic truck company had been in service since the seventh day of March, and had made 191 emergency medical responses, averaging six per day, or 180 calls per month; and that the Department has seven student paramedics progressing exceptionally well in the training program. CA 64 . 2 ORAL COMMUNICATION On the unanimously WEST BRANCH LIBRARY GROUNDBREAKING approved .6 :0 motion of MAYOR PRO TEM APPOINTED Councilman Ward, seconded by Councilman Garthe, Councilman Harry K. Yamamoto was appointed Mayor Pro Tem to officiate at the groundbreaking for the West Branch Library to be held Monday, April 25 , 1977. CA 80 EXECUTIVE SESSION At 3` 15 P.M. the meeting LEGAL MATTERS was recessed for an RECESS Executive Session to consider legal matters. At 4 : 15 P.M. the meeting reconvened and immediately recessed for dinner; at 7 :30 P.M. the meeting reconvened with Council- _ men Bricker. and Brandt absent. PLEDGE OF ALLEGIANCE Following the Pledge INVOCATION of Allegiance, Pastor Linton G. Manier of the - Shelton Street Seventh Day Adventist Church gave the Invocation. CA 80. 17 CERTIFICATE OF APPRECIATION Mayor Evans announced JACK LARSON that the City' s Certifi- LIBRARY BOARD cate of Appreciation had been mailed to - Jack Larson, retiring member of the City's Library Board, in appre- ciation for his many years of service to the City. CA 56.1 CITY COUNCIL MINUTES 132 APRIL 18 , 1977 A 76.`1 man Brandt, seconded by Councilman Yamamoto , and carried 5 : 1 with Councilman Evans dissenting. The action was taken in response to a letter dated March 14 , 1977 from Barry S. Michaelson, representing Yellow Cab Company, who made the request for his client because of the very high rates for the required coverage. CA 26 REFUSE COLLECTION CONTRACT The Assistant City REPORT Q DRAFT REQUEST FOA PROPOSAL Manager ' s report CONTINUED dated March 1 , 1977, regarding the status of the negotiating team' s review of the Refuse Collection Contract, and a suggested outline for request for proposal for consulting services , was continued to April 18 , 1977 , on the unanimously carried 6 : 0 motion of Councilman Ortiz , seconded by Councilman Brandt . CA 11 . 1 A- 76- 42 AUDIENCE MEASUREMENT PRACTICES The report dated REFERRAL ITEM 31-76 - DELETED March 14, 1977 prepared FILED by Michael J. Karger, Deputy City Attorney, was, received and filed, and Council Referral Item No. 31- 76 deleted from the Summary, on the unanimously approved 6 : 0 motion of Councilman Evans , seconded by Councilman Yamamoto . CA 153 . 3 WAIVER OF FILING FEES The Staff concurred NON-PROFIT PRE-SCHOOLS with a requested REFERRAL 3- 77 - CONTINUED continuance in a letter dated March 18, 1977 from Alta Manning of the Santa Ana Committee for Child Care and the matter was continued to April 4 , 1977, on the motion of Councilman Brandt, seconded by Councilman Ortiz, and carried 6 : 0 unanimously. CA 13. 1 EIR - PROJECT 1371 _ The Draft Environmental WIDENING OF 17TH STREET Impact Report regarding APPROVED the widening of Seven- teenth Street between Santiago Street and Wright Street , all written materials and all verbal comments pertaining thereto , approved by the Planning Commission, was adopted as the Final Environmental Impact Report, and certified as completed in compliance with CEQA and the City' s rules and regulations , and reviewed and considered by Council , on the unanimously carried 6 : 0 motion of CouncilmanBrandt , seconded by Councilman Yamamoto. CA 29 . 8 CITY COUNCIL MINUTES 96 MARCH 21 , 1977 RESOLUTION 77-32 Council adopted the NAMING OF PARKS $ RECREATION following resolution FACILITIES — ADOPTED unanimously .6 : 0 on the motion of Councilman Yamamoto, seconded by Councilman Evans : RESOLUTION NO. 77-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING CERTAIN POLICIES, OBJECTIVES AND PRINCIPLES , AS A GUIDE FOR THE NAMING OF PUBLIC PARKS AND RECREATION FACILITIES. CA 52 CA 80. 6 RESOLUTION 77-36 On the motion of Council- SPUR CROSSING - ALTON AVENUE man Brandt, seconded by ADOPTED Councilman Evans , and carried unanimously 6 : 0 , Council adopted the following resolution: RESOLUTION NO. 77-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING PERMISSION TO THE SOUTHERN PACIFIC TRANSPORTATION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A SPUR CROSSING ACROSS ALTON AVENUE, BETWEEN FAIRVIEW STREET AND SUSAN STREET IN THE CITY OF SANTA ANA. CA 29. 12 RESOLUTION 77-37 Councilman Brandt 's HONORING TED W. BARTLETT motion to adopt the ADOPTED following resolution was seconded by Councilman Evans, and carried unanimously 6 : 0: RESOLUTION NO. 77-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA HONORING TED W. BARTLETT. CA 73A. MEMBERSHIP IN U. S. The letter dated CONFERENCE OF MAYORS February 18 , 1977 , FILED from Kenneth A. Gibson, President of the United States Conference of Mayors , inviting the City to join, was received and' filed on the unanimously approved 6:0 motion of Councilman Brandt , seconded by Councilman Evans. CA 150 SCHOOL BUSING TO A letter dated ACHIEVE INTEGRATION . February 24, 1977 , from REFERRED TO SCHOOL DISTRICT the Mayor of the _City of Lomita urging the adoption of a Resolution supporting Assembly Constitutional Amendment No. 13 designed to prevent the courts of this State from ordering busing between schools to achieve integration of schools on the basis of race, color, religion, sex or national origin, was referred to the Santa Ana Unified School - District Board for consideration, on the unanimously approved 6 : 0 motion of Councilman Yamamoto, seconded by Councilman Brandt. CA 38 UNINSURED MOTORIST INSURANCE FOR The City. Attorney was TAXICABS - DELETION OF REQUIREMENT directed to prepare an AUTHORIZED emergency ordinance amending the Municipal Code to delete the requirement for taxicab Operatorsto carry uninsured motorist insurance, on the motion of Council- CITY COUNCIL MINUTES 95 MARCH 21 , 1977 ti A IV:: c.t� �W.tCSysrsn.x 0 REQUEST FOR COUNCIL ACTION PREPARED BY Ronald E. Wolford DATE OF COUNCIL ACTION ,Oatut,4e11/t77 DATE 3-1-77 PHONE 4136 a. fl M... .t a/ 't77' SUBJECT REFUSE COLLECTION CONTRACT �fr77 CsY v •, .4,-f- aft s�' ofa7 r1/y7� APPROVED DEPARTMENT HEAD DEPUTY CITY MANAGER s ASSISTANT CITY/-..' 'AGER CLERK OF THE COUNCIL RECOMMENDED ACTION Receive and file. BACKGROUND The City negotiating team consisting of Councilman Ortiz , the City Manager, and the Assistant City Manager had two meetings with representatives of Great Western Reclamation in the middle of January. The contractor agreed that they would prepare and submit to the City' s team a multi-year fixed price proposal . In conversation with Tom Blackman, Jr . , yesterday, he informed me that they are still in the process of formulating these proposals and expect to have them back to the team in time for final presentation to the City Council in May. In the meantime, we have prepared an outline of a Request for Proposal for consulting services. This RFP envisions the program divided into two basic phases. Phase I would provide for review of the present refuse collection contract, analyze proposed changes in the contract, and make recommendations regarding the same. This would include reviewing proposals now being prepared by the contractor for submittal to the City' s team . Phase II of the program involves development of a strategy of solid waste management that will serve the present and future interests of the City. A copy of the RFP is attached and staff would welcome any recommended additions or revisions from any member of the City Council . A copy will be furnished to the contrac- tor and their comments will also be solicited . OLUTION P0‘ 6> z m Q z m z 7>76_19-t6 • 7• LI H H x O 7- ".d a Cl) • a HN 0 En r. XJ a an •,_r W hti (D a O O- a (D r-( D:1 (110 W O O 7d to H. H wDcaH •• wy Ti c e I H . C (D (D O to H. to • 0 (D H • 1-O w CD rr O rt N r-t1] O n H. 0 rt Z t7 j n n O z 0 E E; 'TJ Z O (D G E (D rh n (D Hirt n O N (D O N "C G w o o 7' 'J• tT ri G' (D O C N rt r0 N rt • r- n G w 5 H.rt C w rt o G w pp, wit wow c o- 0 w 0- 5 U1 id • O C rr a Oro O (D (D r• 0 H (D rt 0 rt n it rt PI rr rt H. r• (D (D r- O' w w LI • rt f.. 7-1-C W a LO n rh (D i.'i n rt It (D (D n H (D O O I' N O O C (D o (D (D n 0 Hi £ N N n w (D "J' (D n H. n a a £ 'b (t rt W TO �a w 0.1 rt a N rt H. O H. r• a (D O. O n w •i w w a O O tY CI C) 0' n N O G nit rt a rt N ortHH (DO (D cn O rt r• D o 0 (D r 7- OO, N rt .d Hi II) (D w (D 1-1 5 Y H ID O U) (D O G Ort G G (D N ". G La rt (D N ri' rt(D (D rt (D(D G H. a II) rq • "C POO O N rt a tD H (1) N O Cr n ro a w n N O0 CYO 0 rt T10- O rw rt N "C N 1-h (D H O "C (D rt 0 O rt (D O ort "C E O (D "C r•• rt H. w O 0 ,.O N 0-$ 0717- 9 O Hi O Q rt • O .d • n rn (D O (D I w 0 n CO 0 G a rt rtn (D 'U O rt a H. O a n "C O n rt rt w a N M Cl) wH Hwn O D r oTH MO wN E H n rt > N a, Pi (D H a+ ' M rt w r. ro 0 01 5 0 0 G' r• O 1-1-r0 O rtn (t (h m 0 • r. O a g n 0' a (D H. pzI Ti ,Aro n a rtG O H. rt C) M (D it G (D rt rt H G O r• O a (D G N rt ''c H Z 0 0 Da G Ort H na rn G' • aOH rt r< a (D (D ''O O O O H O H. H. rt D HH H0• r• O (D O a rtn H O • G y 0 rt to G O Ti w r r• rtrtrt N MO H. N H O O, rt O O N Cl ('3 Oro r• (DaN Di (D it H. H. rr C O n n (D r , 0 L rr w w D a H O H. n w fD 'C C N (D rt O O o rt 5 H l-' NH 'TJ H • r 0 to rt O rt O co DH O' n O H. r• N w O H p rt O z • • r• E rt • a H.• a H. G n r•ro0 0 O Cl) (D m Oct 0 O 0 N r 'x1 (-r (D m O CT rt a O n th rt H. a r• M n O rtH (D N (D rt n O `3' n H (D G (D N O O 'C O 0 rt rOn rt n n n a n n r. NLD O O 0o (D O (D N N N Ili (n I-0 H HI n O C r 0 r• O (D N n O N (D O' rt 0 N n N O N (� rt (D £ O a hi, n 'J D m t➢O to O m ( (D O O £ • C o n H r• N O w C n a w tD n N n rt rt- 0.1 O tY n C H• 0 to rt a art rtH H. O O I n C O to wo D aO to 7- (11 J 7" O) n O W rt c H. O. w rt rr r., y • • D O) 0 @ (D (D (D (J rt 1— (D a) (Oct O (D r• O an H DNM pa wEhi 7 ri n "c rt M 0rtH Z O O rt pi O O J' w is '0 (D •v (D o, rt N ro w N N w N O (D r• n tri O tY w rt� a a • a H. N (D rt 7 a O 07 WO rt 1-h (D a n rt r• O F� O it 0 a r. En G Na rt a Nrn O' - X 0 0 a a w p) - rt G C rld c 0 (D N O H H. l H. tr w rh £ H. 5 (D rt H• O O rd 0 (r) (On o 0 r rr H H n (D O tD O H O G H• O n O' a N O n H rt O (D H o C (D N a (Oct rtH n a H. (D (D 0 ( n "c £ rt C) 5 CCD rtG 0 0 G H H (D to N•a % rr ID N tD O M ;7 (D H r• (D N N n (D 0 o 0 O U) rtw N LL.1 (D N r. ((P H N n H N £ • CD H. H (D O n 'J' N (D Hirt Di r0 O E IOi n n 0 0 H. r• O N 0 c E a oc), n rt O a r• rn rt a1 N Oct H W to 7 rar H- r+nt n n a rt H. O O' CU H O (D O co M O' (D o • O n tD (D H- O' 7r £ i O N 0. 0 n (D n H G ro Ti N o G w a rt a rCD 0 Th N CJ Ti a rr n N (D rt P-1 O - a rt"C W w p• rt r• r• N r• c 0 H. O m O O' n rr O H rt (D rt 0 I G r• w H rhro rr (D 0 a N N n rt I H. N (D H (D H. rtn a 01- 0 N rt O 11- 11 n n 'f H70- FH- O It H tri hi Oct 0 H• O E rD r{ O ry Y H O' a C=J En rt '1 fD r- a a a w to in H• H '< 0 O Hi rt o. H [n P1 0) Cn C Iv m a rt C rt r- co (D th o n H I'C 'Y fD N b '-rJ n CY a M Cn • a O pn r1 H 0 H H O G G N n H. G O ',V H o rt O fD O m rt co b rt '+1 c) H. n 'o 1110' (DN1-1 0 n I 0 • n r- a r• 0D0r• 0 0 mnd rDmrnH 0 I 11a51-3 MI r• H n C a rtO O CY rtO C O H- o 7 O H tD C ID O- Cf) NO • a m a n m CD ni '1 rn < < a c (D a s n rt O fD 0 b CD rt M rt C a rt (D H. fD 1 O O (D rt H Z rt In fD O O r• I 11 n tJ it I-' r1 r1 -I HI rt N 5 it n r- 0 rD rt rh 1-1 < fD 0 H rD fD O o r• co fD 11 • 5 5 M o a It a or 'o fo 'o 'd 5 H w co 'o5 o a fD a a H. I--' a o 1-111-11r1--hO 1 h It r1 0 ' 0 'c rt in CO O O O a m Ci) it rh fD H• O- a it ri H Z • r• Pi fD rt H- In 'd Oa CD O G a 9 O" • CO O a '1 m rt rD 5 O O rh O CY M a Co H U) r a CD a m a rD m rt a rta 0 H. fD rt a rt rr rt rt a 0 H (D I-h O rD rta a n CO H rt rt a O' O a fD 'r1 rt rt rt rt a rD C) H rt r• 1-4. 0, M 1-11o 0 rt as r1H Clio Co rt oort mnr- H• rt 3 2 G' rt it Oct H• H. r- 1-1 1-11 b< rt G rt 11 O a rD It r- R7 £ hi r- CY O rh O m m a H H. r1 £ O n CO Or• 0 (D OO m NO rt0OH• W H- 0) 0 it CTO nrt5O a NI G mrDrh r- nO OH W Z O H m rt O' a M to 'L7 fD G rh 0 m 'o W H rD Cf) it H. r.u- 5 G r. H m n G '1 O a • a rD 5 C a flit rt O o a H a a • O m (D mrt n 1-1 o r H • o o Nao a 'o n m m rt 5 rtn m o H LA) rD H. F.0 H a 0 m fD O O < it H Ni CY CY to n m m fD E co n G CD O a G G r- 2 rD fD rD O a O' 5 H• o r) ri rt r•'o O CD Cn G) M 0. 0rtro a (D (-1- 0H0 < H• rhortE rt 5 rha n a O O O' o 1--, (D H• O H• O '< H Cf) £ a G ''CHH a it mm OOn rt a CI r- a '1 m G fD rt r-'Ly rt n 11 W a rta O- rt 'aJ H fD O m a 0 FU O 'N • rt (D rtrt O' O fD rD G' H H. a H. m O' W H- fD n 0 0 P. CD a W H O m 0 0 rt m a O ri a o 1-1 o a ''C n o' Pb ",..Y a O it to rt hi rD < a cr O n rt a P1 rD fD m O a CD O' r• wan O fD m r• O' o CJ) It a ro O Hi fD rt o a n W • rt NI H- O' • O' it, n rh H H. G H-'< fD in '-C rt O a a 0 rD H n (D n H r• O Cn rD to m a 0) fD m n "C E n C r1 Ort a it rD fD fD O H- n • rD H- O rD rh a x n < n. 0 chit G O a rtCn rD H H a rD It n N '3' O fD Cn CD O HC) Nn H 5r• 0 rtrtHP H r1 a 0 I O o ID O 1-1 'C O fD O O H- a O E G o O fD 0) fD • rt rt rh a O a H- rtO art fD O Co aH• a W rt rD E n a in a r1 Gro r- o n E; fD 'd O' O o H. 0) a Cr < 1-1 rD m n > a a O' H• a H 'C H a n 'o m O H ff) O a O a E m 0 ro rt n rt 0 a H- rt Ni m rt fD n • H- m H• r• m rh- rh CD CD W H• rD fD rt• O rtrt a 11 0 -U) o0Z '0 '< O "C o Hoart H H O m n - co r. O O a o - H am • CD Co 0 n rt m ar- O a m O. aox H. rt as o it 'c it N O O fD it O- W ,p. 0 0 m o O a I rA fD C 01 o rt m I a rt trt c N m A 76-4 2-- APPROPRIATION APPROPRIATION ADJUSTMENT #97 Appropriation Adjustment LULAC VS CITY OF SANTA ANA #97 to establish a APPROVED $125 , 000 appropriation to pay the initial requirements in case #74-767F, LULAC vs . City of Santa Ana, was approved on the motion of Councilman Evans , seconded by Councilman Brandt , and carried 5 : 2, with Councilmen Ward and Bricken dissenting. CA 65 . 3 CA 139 ORAL COMMUNICATION At the request of Luis WAIVER OF STADIUM FEE Ortiz of the Club APPROVED Avante - Soccer, use of the Santa Ana Bowl for a memorial benefit tournament on January 21 , 1977 from 6 : 00 P.M, to 10 : 00 P.M. waiving the fee , with only City cost to be paid by the Club, was approved on the unanimously carried 7 : 0 motion of Councilman Bricken, seconded by Councilman Ortiz. CA 52 . 8 ORAL COMMUNICATION A letter presented by WILLIAM HIME - ZONING VIOLATIONS Mr. William Hime , 4602 FILED El Don Place , citing several incidents which lead him to believe that the R1 zone in his :neighborhood is being violated was noted by Staff for investigation, and ' received and filed by Council, on the motion of Councilman Evans , seconded by Councilman Ward, and carried 7 : 0 unanimously. CA 151 . 21 ORAL COMMUNICATION Clerk of the Council REVOCATION OF TAXI LICENSE Florence I . Malone MARRAZZO - HEARING SET reported- that Mr. Ray Marrazzo appealed in writing the revocation of his taxi driver ' s permit , that a hearing has been set in accordance with the Municipal Code for February 7, 1977 ; that Mr. Marrazzo called her to plead hardship and ask for an early review of the matter. As Mr. Marrazzo was not in the Council Chambers, a hearing was set for January 25 , 1977 at 5 : 15 P.M. on the motion of Councilman Evans, seconded by Councilman Brandt , and carried 7 : 0 unanimously. - CA 26. 3 URAL COMMUNICATION Councilman Ortiz commented GREAT WESTERN TRASH CONTRACT briefly on his report REQUEST FOR CONSULTANT PROPOSAL dated January 14,1977 AUTHORIZED that outlined the progress made during negotiations with representatives of Great Western Reclamation regarding their request for an extension of their contract . On the motion of Councilman Ortiz , seconded by Councilman Bricken, which carried 7 : 0 unanimously, the following action was taken: 1) Accepted the contractor' s withdrawal of his request for a one year extension of the exist- ing trash contract and permitted the contrac- tor to prepare multiple proposals for the City' s consideration; 2) Authorized City Staff to prepare an RFP (Re- quest for Proposal) for a consultant to be retained to analyze any proposals developed by the contractor, or other contractors, and to advise the City on options available ; and 3) Authorized the existing Council-Staff task force to continue negotiations with the con- CA 11 .1 tractor on this matter. A-76-42 CITY COUNCIL MINUTES - 27 JANUARY 17 , 1977 COMMUNICATION r ORAL COMMUNICATION Councilman Bricken FLIGHT OF BUSINESS noted a Sunday REFERRED newspaper article entitled "Flight of Business" from Los Angeles , and suggested that if that situation exists in Santa Ana, a task force be formed to 1 solve the problem. This question was referred to Staff for investigation and report , on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried 7 : 0 unanimously. CA 82 ORAL COMMUNICATION Mayor Garthe announced WATER CONSERVATION that a recent copy of REFERRED "Aqueduct" listed a number of water con- _ servation ideas that might be transmitted to the citizens of Santa Ana along with a water billing or in some other fashion to -encourage the conservation of water. This sugges- tion was referred to Staff for investigation and report on the motion of Councilman Evans , seconded by Councilman Brandt , and carried unanimously 7 : 0 . CA 12 RECESS At 3 : 10 P.M. Mayor EXECUTIVE SESSION Garthe called for LITIGATION an executive session to discuss potential litigation; the meeting reconvened at 4 : 35 P.M. ORAL COMMUNICATION Mr. Bob Campbell, WAIVER OF FEE - VA APPLICATION 2401 Marty Lane , COURT ACTION DEFERRED; REFERRED stated that he had been ordered to appear in Court tomorrow morning , January 18 , 1977 in a matter involving his construction of a patio structure in the setback between his house and the street without having obtained a variance. He came to Council to ask for a waiver of fee for a variance application. In view of the fact that Council had no Staff report , the motion of Councilman Brandt , seconded by Councilman Ward, carried 4: 3 , with Councilmen Evans and Yamamoto and Mayor Garthe dissenting, directed Staff to request a delay in the Court proceedings, and the matter was referred to Staff for a report to Council within 30 days. CA 13 ORAL COMMUNICATION - Mr. Scott Levinson- AMBULANCE OPERATIONS of Conva Care Ambulance , SCOTT LEVINSON representing Conva Care , Doctor ' s Ambulance, Schaffers , Morgan Ambulance and Southland Ambulance services, stated that on January 14, 1977 the ambulance opera- tors of Santa Ana had met with the City Attorney' s staff to discuss Chapter 38 of the Municipal Code to clarify "need and necessity", but also noted that the Code does not conform to recent State, Federal and County regulations ; and that the ambulance operators are anxious to meet again with City representatives to work out problems and to improve ambulance- service in the City of Santa Ana. Staff was directed to work with the ambulance operators to develop a licensing plan that would produce better quality service, on the unanimously approved 7 : 0 motion of Councilman Yamamoto , seconded by Councilman Brandt . CA 96 CITY COUNCIL MINUTES 28 JANUARY 17 , 1977 REQUEST FOR COUNCIL ACTION PREPARED BY COUNCILMAN DAVID ORTIZ DATE OF COUNCIL ACTION DATE 1- 14- 77 PHONE 4973 SUBJECT STATUS OF TRASH CONTRACT NEGOTIATIONS APPROVED DEPARTMENT HEAD CITY MANAGER CLERK OF THE COUNCIL RECOMMENDED ACTION 1 . Accept the contractor' s withdrawal of his request for a one year extension of the existing trash contract and permit the contractor to prepare multiple proposals for the City' s consideration; 2 . Authorize City staff to prepare an RFP (Request for Proposal) for a consultant to be retained to analyze any proposals developed by the contractor, or other contractors , and to advise the City on options available ; and 3 . Authorize the existing Council-Staff task force to continue negotiations with the contractor on this matter. BACKGROUND At the request of Council at its meeting on December 20, the City' s negotiating staff, headed by Councilman David Ortiz , the City Manager and Assistant City Manager , has held two meetings with the contractor who was represented by Ron Blackman, Tom Blackman, Jr. and Attorney Rodger Howell . The City staff suggested that the principles which the Council wished to. see accepted included a requirement for financial disclosure as a precondition for any additional extensions of the existing contract , a combining of the proposals for a single package for both residential and commercial collections , and consideration of providing for limited competition in the future for the commercial service. The contractor' s response is that all of these principles are acceptable and they are willing to expand these concepts in their future proposals to the City. The contractor indicated in the second meeting today that all of these requests by the City are fully negotiable and wantsadditional time to allow for preparation of several proposals for the City' s considera • tion. The contractor feels that it will be necessary to retain the financial advisors to do some in depth analysis of their operating costs and to prepare some multi-year cost projections in order to be able to furnish the City with viable proposals that will contain fixed rates for both commercial and residential refuse service over a multi-year period. Our negotiating team believes that this is a reasonable request and that the contractor is sincere in negotiating in good faith with us to achieve these mutually agreed upon objectives. The contractor felt that there was relatively little advantage in pursuing his present ret quest for a one year extension of the existing contract which will expire in October of 1978 , and therefore, wishes to request withdrawal of this oneUsoear extension at the present time . @� ®gyp - >76-1916 T1C /llL Cr_ .a STATUS OF TRASH CONTRACT NEGOTIATIONS Page 2 January 14, 1977 If Council approves our recommendations , City staff will develop a draft Request For Proposal and will invite input and comments from all interested parties. It would be our intention to hire the best professional con- sultant available in this area. He could adequately analyze any proposals prepared by the contractor, or other contractors, in addition to giving the City good advice on developing a longer-range refuse collection strategy in dealing with both the contractor and the County in reference to the important considerations of solid waste reclamation and the future costs involved in the relocation of the existing land fill and the possibility of the County providing a transfer station at a convenient location for our City residencts so as to minimize any cost increases necessitated by increased hauling distances. If the Council approves our recommendations , it would be my intention to continue meeting with the contractor' s representatives on a regular basis so that we would be prepared to act promptly on the proposals which he plans to have ready to deliver to the Council within the next three months . It is my belief that our City negotiating team is in -total agreement with the contractor's representatives in oxft unanimous support of the above recommendations . /)/ f !fa ' ;' and Commissions shall be vested with subpoena power. The motion was seconded by Councilman Ward and carried unanimously 6 : 0. (This 'would require an amendment . to Section 906 of the City Charter.) CA 129 EXTENSION OF CONTRACT After a lengthy GREAT WESTERN RECLAMATION discussion, the GRANTED SUBJECT TO NEGOTIATIONS request for a one-year extension (from Octo- ber 31, 1978 to October 31, 1979) of the refuse collection contract was granted, subject to negotiations among the Staff, the Contractor and a representative of the City Council during the next 45 days , at which time a report shall be, submitted for Council approval, on the motion of .Councilman Ward, seconded by Councilman Bricken, and �. carried 4 : 2, with Councilmen Brandt and Ortiz dissenting. A subsequent motion by Councilman Bricken, seconded by Councilman Yamamoto, and unanimously approved 6: 0, authorized r- `-°'C Mayor Garthe to be the Council representative, or to select r-----73s . At. a Council representative to participate in the negotiations .f'' The motion authorized negotiation in good fait-h on all items ,, `R- ' relating to the contractual relationship now and in the future, and provided that items of disagreement and agree= o'er-� � � i ment be included in the report ; and that subjects for dis- cussion is cussion and report include, but not be limited to, the - � following: 1) A proposal of the scope of continuing negotia- tions , including the possible development of a request for proposal (RFP) for a consultant to do a study on key contract questions , such as the advantage or disadvantage of re-bidding or extending the present contract, rate compari- sons -and reclamation possibilities ; 2) A description of the extent of financial dis- closure or accountability by Great Western; and - 3) Other items set forth in the Assistant City Manager' s reports of October 11 and December 15 , 1976. Mr. H. Rodger Howell, Rutan and Tucker, representing the con- tractor, requested that a one-year extension, instead of the previously requested three years , be granted with the under- standing that the year of 1977 be devoted to a good faith commitment on the part of the Contractor and the Staff of the City, who will sit down and spend the time to go through the long list of items,: that has been developed to see if the ultimate arrangement can be devised that meets all the concerns expressed by the Staff, the public and the Council ; that if successful a milestone will have been achieved in public affairs / private enterprise cooperation; that the Contrac- tor has had a good relationship with the City and wishes the opportunity to continue it. A-76-42 CITY COUNCIL MINUTES 471 DECEMBER 20 , 1976 REFLECTING POOLS AS recommended by ORANGE COUNTY COURTHOUSE J. Richard Smith, ALLOCATION APPROVED Assistant City Engineer, allocation of $61, 000 from the Civic Center Parking Maintenance Fund #2661 for the conversion of reflecting pools at the Orange County Courthouse to landscaped areas , was approved on the motion of Councilman Mricken, seconded by Councilman Ortiz , and carried 6 :1 with Councilman Ortiz dissenting. CA 77 . 18 AUDIENCE MEASUREMENT PRACTICES An interim report INTERIM REPORT - REFERRAL #31-76 dated December 14, FILED 1976 and prepared by Michael J. Karger, Deputy City Attorney, describing the progress in obtaining TV market surveys for Orange County separate from Los Angeles County, was received and filed on the unanimously approved .6:0 motion of Councilman Brandt , seconded by Councilman Ward. GA 153. 3 ANIMAL CONTROL SERVICES After consideration. REFERRAL#43.-76 .- DELETED of the report dated IMPROVEMENTS AUTHORIZEDDecember 8, 1976, and prepared by City Manager Bruce C. Spragg, Staffwas authorized to investigate the possibility of providing alternate dog pound facilities on the motion of Councilman Ortiz , seconded -by Councilman Ward, and carried 6: 0 unanimously. On the further unanimously approved 6: 0 motion of Councilman -Brandt,seconded by Mayor' Garthe, the following action was taken: 1) Authorized addition of one vehicle when funding becomes available; 2) Authorized addition of up to two addi- tional personnel commencing fiscal year - 1977-78 ; and 3) Deleted Council Referral Item No. 43-76 from the Summary. The City Attorney was also instructed to prepare an ordinance to increase the penalties for violations of the leash law, on the motion of Councilman Ward, seconded by Councilman Yamamoto, and carried unanimously 6: 0. . CA 95 AGENDA ORDER Because of the late hour, the balance of the afternoon Agenda was postponed until after the evening Agenda, on the unanimously approved 6 : 0 motion of Councilman Brandt, seconded by Councilman Ward. EXECUTIVE SESSION At 5 : 30 P.M. Mayor Garthe recessed the Council for an Executive Session to discuss potential litigation; the meeting was reconvened at 5 : 45 P.M. , and immediately recessed for dinner at the Hungry Tiger, with guests Senator and Mrs. Paul Carpenter , and Senator Carpenter 's Administrative Aides Dan Salceda and Geraldine Lea; the meeting again reconvened at 7: 30 P.M. with the same Councilmen present . CITY COUNCIL MINUTES 472 DECEMBER 20 , 1976 NEWPORT-IRVINEWASTE-MANAGEMENT Amendment No. 1 to PLANNING AGENCY AGREEMENT the Joint Exercise of CONTINUED Powers Agreement between the City and NIWA, and Resolution No. 76-132 as follows , were continued to November 15 , 1976, on the motion of Councilman Evans , seconded by Councilman Brandt, and carried (4 : 1) , with Coun- cilman Bricken dissenting : RESOLUTION NO. 76-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING NEWPORT- IRVINE WASTE-MANAGEMENT PLANNING AGENCY (NIWA) 1976-77 GENERAL AND PROJECT COMMITTEE NO. 1 BUD- CA 145. 12 GETS. - A-76-81 po- A prior motion to table the matter made by Councilman Brandt, seconded by Councilman Evans failed on a (2 : 3) vote , with Councilmen Bricken, , Ward and Mayor Garthe dissenting. REQUEST FOR CONTRACT EXTENSION The request of the GREAT WESTERN RECLAMATION, INC. refuse contractor, CONTINUED Great Western Reclama- , tion, Inc. , to con-- tinue, their request for contract extension to December 20, 1976 was granted on the unanimously approved (5; 0) motion of Councilman Evans , seconded by Councilman Brandt, and carried (5 : 0) unanimously. CA 11. 1 CA 145 . 12 A-76-42 BAKER SQUARE PROJECT Mayor Garthe announced EIR 76-5 & VA 76-57 that this was the . time REFERRED TO PLANNING COMMISSION and place for the public hearing of Environmental Impact Report 76-5 concerning Baker Square Apartment Project at 611 and 615 North Bristol and at 618 and 630 North Baker. Speaking to the Environmental Impact Report, Charles Zimmerman, Planning Director, stated that there had been an application approximately one year ago for this parcel ; that it had not been an economically feasible plan; that the Environmental . Impact Report was amended, and the present plan calls for 90 dwelling units ; that the Planning Commission added a con- dition that "all required covered parking is to be in the form of completely enclosed garages , elevations of said gar- ages to be approved by the Planning Department , unless an acceptable security system is approved by the Planning Depart- ment" . There were no proponents or opponents and the Mayor closed the public hearing. On the motion of Councilman Ward, seconded by Councilman Bricken and carried (5 : 0) unanimously the Draft EIR, all written materials pertaining thereto , and all verbal comments, were adopted as the Final Environmental Impact Report and certified to have been completed in compliance with CEQA and the City' s rules and regulations, and that the Council has reviewed and considered the information contained therein: A discussion of Variance Application 76-57 followed. Council- man Ward objected to Item #4 in the Findings, and stated that he did not feel that a control gate was a proper alternative to garage doors. Councilman Bricken asked if the issues raised by the Police Department had been discussed by the CITY COUNCIL MINUTES 417 NOVEMBER 1 , 1976 I " Planning Commission. Mr. Zimmerman' s answer was that none- specif- ically were mentioned. Councilman Evans asked for an evaluation of the crime problem and the traffic problem. Chief Davis stated that the Police Department did not expect to get 100% of the safety px::.cautions that they suggested, but certainly would like to have 60% . In view of the comments of Councilmen on this project , a motion made by Councilman Ward, seconded by Mayor Garthe to approve and file the Planning Commission Findings of Fact, approving the Variance , was withdrawn by the maker and the second. -. Variance Application 76-57 was referred to the Planning Commission for more extensive deliberations with emphasis on the location, traffic and crime concerns expressed by Council, on the unanimously carried (5 : 0) motion of Council- man Bricken, seconded by Councilman Evans . CA 13. 3 RECESS At 3 : 20 P.M. the meeting was recessed by Mayor Garthe ; at 3 : 30 P.M. the meeting reconvened with the same Council members present . AGENDA ORDER Mayor Garthe announced POLICY PLAN FOR TRANSPORTATION that Council wished to IMPROVEMENT - CONTINUED continue Item #80 to a meeting date to be determined by Staff, and that all interested parties be noti- fied. A motion to that effect was made by Councilman Brandt, seconded by Councilman Evans , and carried (5 : 0) unanimously. CA 84. 8 AGENDA ORDER Appropriations Adjust- CETA TITLE I FUNDS - A.A. 48 E 49 ments 48 and 49 estab- APPROVED lisping Revenue and Distribution accounts for the additional $567, 290 funds anticipated under CETA Title I (Comprehensive Employment and Training Act) for fiscal year 1976-77 were approved on the motion of Councilman Evans , seconded by Councilman Bricken, and carried (5 : 0) unanimously. CA 65 . 3 COMMAND & CONTROL CENTER Appropriation Adjustment A.A. 47 #47 transferring funds APPROVED from Revenue Sharing monies for the Command and Control Center was added to the Council Agenda and approved on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried (5 : 0) unanimously. CA 65. 3 PROPOSED CITY CHARTER AMENDMENTS To determine which PARTIALLY APPROVED $ Charter amendments PARTIALLY CONTINUED proposed by the Charter • Amendment Committee shall be carried on the April 5 Municipal Ballot, it was informally agreed that four affirmative votes would be needed to place a measure on the ballot. The following measures were voted upon and received the vote indicated in each case : III CITY COUNCIL MINUTES 418 NOVEMBER 1 , 1976 ak RECESS At 3 :36 P.M. , Mayor Garthe called a recess of the meeting ; the meeting was reconvened at 3 : 48 P.M. with the same Council members present . CONDEMNATION - NORTH- SIDE OF -- City Attorney Keith 17TH STREET - 1701 N. LINWOOD Gow said that the DELETED FROM AGENDA agreement with Mr. Kam Foy Yee and Siu Loong Yee for the purchase of property located at 1701 North Linwood Avenue for the Seventeenth Street widening approved on the Consent Calendar earlier in the meeting resolved this matter, and the condemnation action was deleted from the Agenda, on the motion of Councilman Ward, seconded by Coun- cilman Brandt, and carried (5 : 0) unanimously. CA 29. 8 CA 71 BEQUEST FOR EXTENSION OF After an announcement GREAT WESTERN RECLAMATION CONTRACT that a representative CONTINUED of Great Western Reclamation, Inc. had requested a continuance to November 1, 1976, it was granted on the unanimously approved (5 : 0) motion of Councilman Ward, seconded by Councilman Brandt. A-76-42 POLICY BIKE TRAILS -- LANDSCAPING, MAINTENNANCE ? Assistant City Manager CONSTRUCTION -RESPONSIBILITIES Ronald Wolford referred DETERMINED to his report dated October 14 , and stated that a policy question regarding responsibility for construc- tion and maintenance of bike trails fronting on. new develop- ments had arisen in conjunction with Parcel Map 926 ; that the 18 acres of property to be developed with 400 dwelling units is at the northeast corner of MacArthur Boulevard and Bear Street, and that Bear Street is designated as a bike trail in the Master Plan. Mr. Wolford stated further that the . questions to be decided on are whether the developer should be required to bear all the cost of the installation of the bike trail and landscaping of the 26-foot parkway area between curb and property line, and whether the developer should be required to maintain the area after its completion and acceptance by the City. Speakers on the subject were : Jim Clark, representing the owners of the property Jack Fowler, representing the developer of the property They stated that they would be willing to- install street trees and a 13 . 5-foot wide combination pedestrian sidewalk and bike trail at an estimated cost of $6,300. , but that they felt that the City should bear the cost of the installation of the irriga- tion system and the balance of the landscaping of the 26-foot right-of-way at. an estimated cost of $11, 300, and to maintain the irrigation system, bike trail and landscaping at a cost of $500 per year. Council approved the following policy on motion of Councilman Yamamoto, seconded by Councilman Ward, and carried (4 : 1) , with Mayor Garthe dissenting : CITY COUNCIL MINUTES 401 OCTOBER 26, 1976 1) Installation by developer shall include street trees and a 13 . 5-foot wide combination pedestrian sidewalk and bike trail at an estimated cost of $6,300; 2) Installation by City shall include irrigation system and landscaping to complete the improve- ments within the 26-foot right-of-way- at an estimated cost of $11,300; - 3) Maintenance of the bike trail, landscaping and irri- gation system within the 26-foot area shall be the responsibility of the City at an estimated cost of $500 per year. CA 18. 6 TITLE I - PUBLIC WORKS EMPLOYMENT The eight prioritized ACT - PROPOSED PROJECTS projects proposed for APPROVED grant consideration under Title I of the Public Works Employment Act of 1976 as proposed in the Assistant City Manager' s report dated October 14 , 1976 were approved and grant applications authorized, on the unanimously approved (5 : 0) motion of Councilman Brandt, seconded by Councilman Ward. CA 99 AUDIENCE MEASUREMENT FIRM PRACTICES The report of Deputy -INTERIM REPORT - REFERRAL #31-76 City Attorney Michael FILED J. Karger dated October 15 , 1976 relat- ing progress in implementing audience measurement practices which would treat Orange County as a market separate from Los Angeles was received and filed on the motion of Councilman Ward, seconded by Councilman Brandt and carried (5 : 0) - unanimously. CA 153 . 3 HIRING MORATORIUM EXEMPTION On the request of REQUEST - 5 POLICE PERSONNEL Police Chief Raymond APPROVED Davis in his report dated October 12 , - 1976, exemption from the hiring moratorium and immediate, hiring for the following five vacancies was authorized on the unanimously approved (5: 0) motion of Councilman Brandt , seconded by Councilman Ward: 3 Typist Clerks I 1 Police Service Officer - 1 Emergency Services Dispatcher CA 50 POSSIBLE COUNCIL VACANCY The opinion of the FOLLOWING NOV. 2 ELECTION Deputy City Attorney REFERRAL ITEM #45-76 Richard E. Lay FILED; DELETED FROM SUMMARY dated October 11, 1976 that the offices of Councilman and Supervisor could not be held concurrently was received and filed, and Council Referral Item #45-76 was deleted from the Council Referral Summary, on the-motion of Councilman Ward, seconded by Councilman Brandt, and carried unanimously (5 : 0) . CA 80 CITY COUNCIL MINUTES 402 OCTOBER 26, 1976 I CAHx ( ta, H 1-).1-0 w . 0 Hh0 H ft II rh I-3 co rh ON 0 cn Nn a 0 • \� rom-' rh n 0, n) i--, o ° 0 C h< 0G H. ft Hrb (D a o r- n m -�� hi O a D hi 1-1 EiQ PO (D 0 W G rt (D m a 0 ft • k< rt ° H• a (A tO ICs Gm 0' 000 a 1-1 rtnh< m • 0 0' rort wftOG hl (DH• rt � As H. c 0 rh rt G CD m H- b' 0 0" 1-1 H O m O H- 0 am 0 ro M) C hi SD b7 hi a+ O m rt (D a s C rt Ft 0 Ft Z 1-11 Ft � H. w 0 Fir -----,....,0 0" H• G How rt H• H- rb 0' rt m G G 0 0 0 0 "C w Is, w w 0 w 0 H H 0, ft co E G a w• m m m w a (D 0 '< C G W r Ft 7) H- m ,3'4 G G' Fi C 0 t-1- 0 (D • 0 ct} - X' (D w m 0r0 0 ,Yv' a 0 H. 0 H. m m m n 1c wo -) Pw HH, m rnft H. 00' 0 'b Fin n3 Ft • o w is 0 w co w 5 • m H, 0 h0 rt 0' ww w G 0 a r-r G < CD Co (Dr• rr t nH. n m m H � m (n O m w ro c moo m m g Smart x O Hi H- n j m w H. m w m 7 m H. 5 m m H, Fi n • FfZ rt h [5 "Fs' rt m rt rt H Om m O b a G "hi m '.a O w b' w rt w a H Fi w m H rt F; F- w z m GrtaH mowH Ot ar 0H• �a Z co 0 �- rtw Hr• m H Fi J m H (retro ° wC o rt am 0 0" a. 0 H 0 m Ft Fi 0 w ID (D .,,.M...FA _ .. ........,.z,,....•,,..�..�.,..........,.•,.,,..•., r- 0 m G w '.0 H. w F-n E m ° o rt • a g 0 n rt o a (1- '00 w et a N 0 H• n 0 .vz" 0 m 0 a-, 0" 0 '-b G w tt < a m 1-h H• rt 0 0 Cn D m, ' ' .-.,� i s t. # 0 E rr C M �'i N f -- m H' o 0" `0 0 m Z `` t X , C Y( , o ,7 o H. 0 H. (r H. hi a m •• rt a �T { cn its c H. n a c a ° ok( "C < rt i rt D � � H mom 0 mrt GH, m mamC Ha m Z c`- m Ft n rtG h a rt art Fi 0 ro 0 n > - - 1, w c a m m a o ro 0 0 rt 0 .> CD Ewa ° m a lt a G mm awo P' m! m OOHrtH• Ort CDFi amw b' ri n HG . HG w et H tarts rom EC h � H m a H wm o ."~s 0 o o H '•)7 ri- o m m s ? r C 0 '.o m m H- H m H- H rt m m O ,.. Z,,{{ 1 m H5 wrrm ftrt rt CA 0 w m m x �' •' 54 �( i H. w 00 H- H H- 0 0I-1 < • '•C 0 m 7" H Z ,. ��� CD a� CD CD H- m w O w (D m a w et ftH l0 r r CD m O m r• 0 I-a 0 Ort0 m 0 i H0 3 Hrt C' \� E o rto rt E o - o rn N�. awrt cHmb i n, am • pi t f7 (n b H m ,7 m U] O co 0 0 m k� x^ 0 rtm CLyrt i c w iro H a OOH x n En w m b C m rt m m co o H. b H. , ( H a m rt w 0 rt b 'lc • C H• rt 1 H r• Hm H Or w Hr ELI i o m n � f' r Hx °M0 a 0 rnwm o t COM C,4: HH 4` <0rorrOWb r- m0 ocH fiH 1/4 i i C m H H. b et H O - H. m H, � f ` \' a bFC HrtR. LO 11) a 0 0 0 I G m H. w rt E rt rn Hs O Cn V Ft Co H- m rt O H H H- ro H. w rt a Fi 0O '< hhm • 0 0 roC0 O �' 3,---3.3.-,.....--_ __ Co n rt • n co 0 b t H ro w E � Cr) Oite ti rr rt N . m m '� H • w 0 ,/ z G w w (D 0-' Ln 0 rt m m hi H w "1)) 0 }':. etr b Fi 0 m o w rt 01 0 O G • a look °v'f t'. b r- rr - O 5 H, H. rt• b' a [ ;,`k. m 0 00 m 0 m b' H0 a% a - '' I 0 XS J o = 9 iin �flU N5 w3 v0 0 N10G9X- O tD w • H 11 » : 3 ,�0 CD a 14. M _ on °»CD 11 CE1 rr c4 2 cr iq tt 0 w C O ' 5 w w N M w ` fr ym rt O 0 rop -r•0 0 o w H p • x p p... rt p 0'to Ds w in M Cl rt O 2' O 1D g x ', 1 Fg 1,4 o o wo wr9nttt wPNE'6 A~+ se w �sNwtu ti ft 0M CD - N.0- N _ •-• A R7 O O 0 tiJ ht M r9 p fZ 0 r9 to M Nt' O 0 w p ?, pw® 5Nrt 'A H. c7 N h" 0C w I-, w ro O O , CwM p• N ® O • y N N W X°0 Y• p O p � w yy 'e. ooO. N0 D • 0H £ CDrf d 11 110 \j-.. etM0q2 1100p0 a .wry El m 0 N. O rpr8 a 1 A+ p J H .., n CD U1 g,k. .. M }qt H n CD 0 ctp 0 0 2' 111 'ti ft 0 Eta Nw Q' N 1.. rr , , GC. 2• rr D) aC • rt D ` ,� 0 m � 0 0 fret £ ro ro o r o I ' LI w nmM HI a10•' Kc�n r214rotil h" 01N p M•rr 1 WQ k0 N `> 11 rCD roicrh 119 0 w N.0 Crop i k pro p a• M' 21 ct 0 W O ro 5 ' ® c'r.p G w C ro '< W CD 20 u2iDJ • 11 CD 0 n rt r•0i r• IV m 0 ro 1 N M0 ® tO to N 04 ! OJi �D I ptGreamstc- aawsr wesniat Josef Willensky, 1530 N. Van Ness , Apartment D, a resident of one of the apartments proposed for conversion, spoke against the condominium conversion. He stated that there is a lack of parking and open space; that the balconies are 42" by 3-1/2 ' wide, and on the first floor, and that four apartments share the entrance porch; that there are six feet of living open space per apartment , and that it cannot be used because it pro- ' vides the only access ; .and that the owner has not discussed with tenants whether or not they would wish to purchase the con- verted condominium in which they live. The motion of Councilman Yamamoto , seconded by Vice Mayor Ward, to instruct the City Attorney to prepare a resolution denying Appeal No . 392 and Conditional Use Permit 78-12 , affirming the decision of the Planning Commission, failed to carry on a - 3:2 vote, with Councilmen Brandt and Garthe dissenting. A subsequent motion to continue the public hearing to August 7, 1978 made by Councilman .Brandt, seconded by Councilman Garthe, carried 5: 0 unanimously, with the proviso that Mayor Evans and i. Councilman Ortiz listen to the taping of the hearing in order to vote on the matter. CA 13.4 L VACATION- PORTION OF 5TH ST. Vice Mayor Ward announced $ ALLEY NEAR COUNTY JAIL that this was the time and RESOLUTION NO. 78-88 - ADOPTED place for the public hear- - ing of Negative Declara- tion and vacation of a portion of Fifth Street from the County Jail westerly to Shelton Street and the vacation of a 20-foot north-south alley between Santa Ana Boulevard and Fifth Street ,est of the County Jail. • Director of Public Works John Stevens stated that the vacation has been requested by Orange County so that they may incorporate the properties which they own on both sides; that the alley is r located underneath the men's jail , and has been, vacated, but not legally; that Fifth Street is an access to what the County e owns ; that the County has no plans for immediate construction which would be across those areas but they want to clear up the legality. i There being no speakers on the subject, Vice Mayor Ward closed 3 the public hearing. On the unanimously carried 5: 0 motion of Councilman Garthe, i seconded by Councilman Brandt, the following resolution was tadopted: RESOLUTION NO. 78-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF FIFTH # STREET FROM THE COUNTY JAIL WESTERLY TO SHELTON STREET AND A NORTH-SOUTH ALLEY BETWEEN SANTA ANA BOULEVARD z AND FIFTH STREET WEST OF THE COUNTY JAIL IN THE CITY OF SANTA ANA. CA 14 E } - TRASH CONTRACT On the motion of Coun- APPROVED CONTINGENT UPON cilman Brandt, seconded RATIFICATION OF ESTABLISHED PRICES by Councilman Garthe, carried 5: 0 unanimously, the refuse collection and disposal contract between the City and Great Western Reclamation, was approved contingent upon the ratification and the approval of the established prices . 9 ' 1 City Manager Bruce Spragg summarized a report dated June 27, I 1978 prepared by Director of Public Works John E . Stevens , by stating that the contract for approval had been prepared during eighteen months of negotiations . Mr. Spragg pointed out that 1 a key feature of the contract, unique to municipal refuse disposal agreements , is that the rate-of payment to the contractor is calculated by a formula based on average rates paid for refuse collection in 6 other major cities in Orange County, and subject i ': CITY COUNCIL MINUTES 292 JULY 11 , 1978 i 1 to professional audit review retained by the City; that the contract extends to June 30, 1983 with provision for yearly - renewal thereafter; that it is estimated the homeowner monthly charge will be increased bout 5% (from $2-:38 to $2. 50) and the rate for weekly service for a 3 cubic yard bin would be be- tween $26 - $28 per month; the present rate is $23 per month. He added that rates have not yet been finalized under the formula. Verlyn Jensen, attorney representing the contractor, said that the City and the contractor have been able to devise a formula which will benefit the citizens and provide an empirical basis to arrive at a fair rate; Donald Gilchrest, a member of the Chamber of Commerce and employed by I.T.T. Cannon, advocated that the Council rebid the contract to be sure that the best terms and conditions are obtained for the City. A-76-42 NORTH SANTA ANA TRAFFIC STUDY A report dated June 28 , PROGRESS REPORT - FILED 1978 prepared by Joe E. STAFF DIRECTED -Foust , Traffic and Trans- portation Engineer, was received and filed, and the Staff was directed to proceed with development of asystematic plan for increasing the capacity of Main Street and Broadway, Fairview and Bristol Streets , through minor improvements , as a means to reduce traffic in the residen- tial neighborhoods . Director of Public Works John Stevens stated that the report provides the status of the progress of the joint effort between Staff and a citizens ' traffic study committee formed to seek a mutually acceptable solution to the problem of intrusion of through traffic in the residential areas of the City. The princi- pal conclusion reached was that the arterial streets capacity must be improved if commuter traffic is to be prevented through the residential areas . - CA 18.9 BRISTOL STREET TRAFFIC MANAGEMENT On the motion of Council- PLAN - STATUS REPORT man Yamamoto, seconded by FILED Councilman Brandt, carried 5:0 unanimously, a report dated June 29, 1978 prepared by Tom Brohard, Traffic Engineering Supervisor, was received and filed. Mr. Brohard reported that the signal installation at Bristol and Willits and the restriping to provide four travel lanes , a painted two-way left turn on Bristol and to restrict traffic to right turns only at six locations was completed in early December 1977 ; that subsequently on April 17, 1978 a petition had been received to remove the left turn prohibi- tion at Bristol and Chestnut and the Council directed further evaluation of the traffic management plan; that following a public opinion survey- and consideration of the reduction of both acci- dent experience and severity of accidents , Staff recommended the maintenance of the Bristol Street Traffic Management Plan without modification. CA 29 . 8 ORIENTAL COCKROACH INFESTATION Staff was instructed to RESIDENTS COMPLAINT direct a letter to the STAFF DIRECTED Orange County Vector Control District to seek assistance with an infestation of Oriental cockroaches in South Central Santa Ana between Bristol and Main, First and McFadden, on the unanimously carried 5 : 0 motion of Councilman Bricken, seconded by Councilman Brandt. CITY COUNCIL MINUTES 2;s JULY 11, 1978 REQUEST FORS .� COUNCIL ACTION , PREPARED BY John E. Stevens ATE OF COUNC L ACTIO «- - - LF ' DATE 6/27/78 PHONE 4931 / ._ . - f REFUSE COLLECTION AND DISPOSAL 11 _s._ _ ___ '� SUBJECT �= CONTRACTerXra -Cr de /J ,g 7Y /P7 /f7 Chlon-esl a.,m.,,... _ 1 I 1 , AC APP It r 044.0.• � /> t. J DEPA RTMENYHEAD DEPUTY CITY MANAGER CITY MAtat CLERK OE THE COUN IL . (RECOMMENDED ACTION ,`ttae, It is recommended that the City Council approve a new Contract for Collection and Transporta- tion of Solid Waste Refuse Produced or Accumulated in the City of Santa Ana and authorize its execution. BACKGROUND The present refuse collection and disposal contract with Great Western Reclamation, Inc. terminates on November 30, 1978. For over eighteen months Staff has been working with Great Western in the process of negotiating a new contract. The results of these negotiations are now ready to be presented to the City Council for their review and approval in accordance with Council 's action of April 3 approving the "average rate" concept as a basis for new rates under ,a4 extended contract. ANALYSIS The new contract embodies many of the terms and conditions of the existing contract. However, several new sections have been added to address certain concerns that have been raised by the City Council , Staff, and the general public over the past several months. The following is a brief summation of the major points contained in the proposed contract: 1 1 . This contract maintains the exclusive right of Great Western to collect and remove all refuse originating within the City, except for the provision that owners may still dispose of their own individual refuse. Further, the Contractor shall not have the exclusive right to collect refuse in the event the City Council establishes a recycling program. In such case, the Contractor shall have first right of refusal to participate in the recycling program. 2. Should the Contractor fail to collect refuse in accordance with the contract, the City can use City employees or independent contractors to cause the necessary collection and/or disposal . This would include instances involving a strike of Contractor's employees. The Contractor shall be liable for all reasonable expenses incurred by the City in such collection and/or disposal . 3. In the event of minor breaches of contract wherein the contractor has failed to render performance in accordance with the requirements of this contract other than failure to collect refuse, the Director of Public Works may assess damages in the amount of one hundred dollars for each day on which such breach occurs. The Contractor has the right of appeal to the City Council regarding the decision of the Director of Public Works. 4. Although users shall still be responsible for the cleanliness of their containers, the Contractor shall provide a bin cleaning service which will be optional to the user of 11 the bin. This would involve an extra fee to the bin user. 5. A program for an annual city-wide bulky item pick-up has been established in the contract. Under such program, the Contractor willrovide a bulky p u ky item pick-up service free of charge to all residential service units. The City shall reimburse the Contrac- tor for one-half the actual costs incurred by the Contractor as the result of the special pick-up. The Contractor shall also provide bulky item pick-up service at other times to any residential unit for a fair and reasonable fee within ten days after receiving such request. Qclo_u IONe U et l‘ 1 2 f�b nd REQUEST FOR COUNCIL ACTION 2 June 27, 1978 6. Payment for standard curbside service shall be based upon a stipulated number of service units rather than a number of water meters, as presently used in the current contract. The number of service units shall be determined on January 1 and July 1 of each calendar year by the Director of Public Works. The service unit rate shall be equal to the average of the monthly rates paid by the six cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach and Orange for similar services. This average rate shall be established each year, based upon the rates in effect as of July 1 . All rates shall be independently verified by the City's auditor. The initial service unit rate determined as of July 1 , 1978, shall be effective upon the beginning of the term of the contract. In addition, in order to compensate the Contractor for recent labor adjustments, the new determined rate shall be retro- active to April 18, 1978 and the Contractor shall receive the difference between the new compensation and that paid during the same period under the existing contract. 7. In the event of bin service, the Contractor shall receive compensation by direct billing of the customers receiving such service. The bin service monthly rates shall be set by a schedule approved by the Director of Public Works. The schedule shall be such that the average cost of one collection of one cubic yard of refuse by the Contractor is equal to the average cost per cubic yard of collection in the four cities of Anaheim, Fullerton, Huntington Beach, and Orange, with such collection based upon the various types of bin service being offered to customers in Santa Ana. The average cost per cubic yard shall be calculated as of July 1 of each calendar year. 8. The Contractor may enter into agreements with bin service customers for certain collection services which might be in addition to or greater than the minimum collec- tion services required by the new contract. The Contractor may impose surcharges on customers to cover increased costs due to special collection problems such as: castor wheels where bins must be moved out so that they may be picked up and for extra rolling work necessary to move bins to the collection point. 9. Provision is made for the reduction of compensation to the Contractor during strike periods which might last more than ten normal collection days. The City Council may assess damages in an amount not exceeding the sum of (1 ) the expenses incurred by the City in providing collection or disposal services, and (2) fifty percent of the amount by which City revenue is reduced due to any reduction or refund of refuse fees granted by the City to the public. Refunds or reduction of payments of Con- tractor's bin service customers shall be the sole responsibility of the Contractor in the event of an extended termination of service due to strike. 10. The term of this contract extends to June 30, 1983 and thereafter to June 30 of such subsequent year as the parties may mutually agree upon. The City and the Contractor shall meet and confer during the period July 1 through December 31 of each calendar year preceding the calendar year in which the contract will terminate. 11 . In the event a charge for disposal of refuse at the City's designated disposal site is levied, the City of Santa Ana shall reimburse the Contractor monthly for all such charges. The City may elect not to reimburse the Contractor for charges as applied to bin service disposal , in which event the Contractor may impose a surcharge on bin service customers to compensate for such extra disposal charges. 12. The Contractor shall make its records reports and methods of accounting available to the City' s Auditor. Any report from the Auditor to the City resulting from the Auditor's review of Contractor's records shall be limited to a letter of compliance relating to accounting procedures and to the identification of Contractor's costs. The Contractor represents that since April 1 , 1978 his accounting procedures have permitted separate accounting and identification of revenues and expenditures related to operations in the City of Santa Ana. Since new charges will be based upon average rates in other cities effective July 1 , 1978, they cannot be exactly determined at this time; however, it would appear that residential rates will increase approximately 5% and commercial bin rates will increase approximately 20%. This would amount to an approximate ten cent per month increase for standard residential service. The actual increase on bin service would depend upon the type of service presently being given, such as the size of the bin and the number of pick-ups per week. After innumerable hours of negotiation conferences between Great Western representatives and members of City Staff and Council , it is felt that a fair and reasonable contract has been developed. Both the Contractor and the City have made certain concessions during the negotia- tions in an honest effort to arrive at a contract which could be acceptable to both parties. Great consideration has been given that the citizens of the City of Santa Ana receive the optimum service at the lowest, fair cost, consistent with dependable service. Approval of the proposed contract is therefore recommended. D Y O O > 2 D a m A < Z p < `-' 3 m ' Z < O C) O C7 3 - (n - a0 lainH Hhz `d cr rt a4H H 7� n n 4 7J td 7 z7� cn h1 4 C • Z w w vZ, P H o W O P o co w '- H G o H• co rr Y H. 0 G CD CD to 0 7y M G < H H w G (n H rt G `•< H. a' p ,n H c F H (n n H, 0 tt o 4 H x — ri > m a d H H. H (D H G N H .`D k3 G H. H H• 5 rt H. 7ti' cD O CH O `< 3 H m (7 Z 7•D < (n Oq a In CD cn rF rt (n H H. O H. H. (n O CD CD H. a n H t17 •• N 'T O > • CD n •• O H 0' H. n rF CD H z (n H ( CD 7� - 0 H H Z Z 0 Z o' F-hrt rrw Od (A CD a 9 n H 0 o r+ m H O o cn n CD O H. rt 0' cn Oq CD d O Cil a CD b' Fa* W rF (~ O z •• •• .. 0 o 1-100-100" N H G a" rt (n 01 HP 5 H. z 0 G a 0 (D H Pa r+ H H. p1 t7 (n > H 0 O H. HD 0 n a .H' H• cn P CD O H .7' H H rt H Cl) 0 0 cc rF fn G N d O (D (D n P H. CD P n `•< •• P H 7> tri 0 H --7 `< n rt r-r H. 0 d a CD d d rF 5 a' CD •• H( O 0.0 G H w H 0 P rF H• rf d n N H k H H z H 0 p r< n 01-1 p Oq H n O n (D P > H• (D 'd p Y H tri n H rt co a H. d' N O H. P N 0'0 0 O a 0. gig F+o > cn H. 0 rt H. P (n 6' n (n Gig p • CD N rF rF H G cn 0 7d H H O H• o n H o c+ cm- pa H W G-I H. In a H F< 5 G CD 0 O aaH CrN G rF H• N (D rF a CD 'rl P Z I U) P 5 (n (D H. H• o o H tri P 5 0 c+ 0 H CD H H 0 0 n ,.,1 " (n N H rt (D d NH) y X n H• (n H H CD 7d CD w H, H•Oq Cn O P o 0 5 (D O W n 0 'd Cl] L, r1� Hd 1 H o H a rF -• ^'a rt H• F-' H (D 0 H n P CD H. H. H P n P 0' C3"'C7 (n cn d CD I H. a H 01 O `"a 0' 0 CP � Hc-F CD CD H O CCD 0 H. 5 I'<0 CCD O 0 Z (On G G P CD H. fat P W Hi (n H• H0 0 121 a d rt CO P r+ cA G CD (D N O rF H 5 H• rF CD 0 t ' H ell CCD• Np GOH tn $ a0 t • I -' P o p, JFii oa m 7 W 0 Pi '' N D 6' a M r+ P J O H Oq 0 n > n cn > n H n aH' • H. H (/) rt Hyo 'b CD G c-3 to P $ O O .H O (o o d 0 $ P rF H. H•'d w G H H H O 0H00 0 Eth PPrt. (DH d ICI o% n off a G r+ < `d at P •• O W (n CD H. CD 'd CD H. z 0 H H H• P Co P cn Hi CD rt (n n N a (D O H Z a P n o Hv+ H rFP rf.nm oo' • H Vga H, o i n CD G (D H• H. O F-' (D G rt H H C i 2 P r+ (n H H (n H `a' P N .`7' H (D Cl) Cl) H. 0 n 'e P-. 0 a F-' (D O in 0 rt CD P CD P 0 0 rF 7d 4 I < O H H' a .H 0 rt CD H rF n G 0 H1 '➢ 0- 01 H L n 'd • H. rt 7•' • H H. G' - rt 0 H• I H. 'y -_+:'z n rt Oq co rF /.� 0 CD n H' H. H. rF Cl) Cl) 0 H H -P z 0" O 0 H•Oq O n P 0 rt W n y 4 cn xO H G Hn (n 5 co 0 0 rF y (n * 0 H• O H CD 0 (n F'h CD r+ H. v - '< • H• H. I 0 H. t'tl 4 -, 5 'd Fh H. o • G-' rt (D 0 0 Cl) 0 Si Cl) H. CD rt O rt r+ n (D G H W P K1 .H HCP D !f ''� H Ch G' H (n 0 N n G `d MCilrF 5 trill W G Pw CD • rt E p rF H. 0.:P 8 w 0 0 H 0 77d9 • t b H Hp H 'd O H• P H "d d 0 0 P 0 0 H Oq W N H• O 1-.1 H. r+ CD rF 0 d n rt 0 > a 5 `< rFH• Xw H Oq G G' 5 H P rt rF rF H > 'z H•. 0' H. r`- P .` ' P G CD H• H H U) 7d D 'a (D O rH a' a' H• 0 (n G CD Y P P a • Y b ' H• O H• n H O (n a rF p 0 n n Cn cn D E r+ EPEOO H Cr n rt r+ P 0 y 7 G 0-' H. G H N N n H. CD O CD 0 a 'r] n 5 0 0 H, 5 H o 0 n £ a' H I CD 00 H H• H• (D rF rt E aO G P O (n ,O 07d r In Ek no 0 'd 05CDrt m G z T r+ 0 (D rF H cn (D H P a W H A I d H. G • 0 2 ‘c. N P H ti co r+ o t.cdPV Pa • O cr o' a 't C o cn co H n a. w ,o rt Cr]- N HaxCD I--. r• G C `C cn 'd r• to aSto tr1 CSD "Phn H H GH LrI 0 P o o C a r r �-$ o H. r•,O (D CD H rr rr G Hh n a r'' x 'a-1 r• o o H• 7� Ui Hi hi N C7 rt. a CD O o H n p G n w • 0 Ph r+ W r• r' 0H• G 0 aHrr r+ o a N H r„C w ao ccp G nw n (no rt H. CD CD "d CD G CD r G p H H pas • 'd 'd rr o N n o O o C 1-b • H O H. O Ha H. `C a Ph CD W H. CD W fn 'd rtn acn H, `d rt H• N rr CD O rf p P a r Ph 1-• rt rh H "d • rr H• rr H H O O 'P" CD O N) p m p C W H. CD O• (D O a D H (D• O H Hrh H CD 0 rt- H. n 0 Hi H. (D rr 6' (n P r• rr H. CD • D • o N p H• rt I-, Hi, p (D O 0 Co H 0 H G o \ G" Ph in CD Fri D W 'n a C C r+ r• rr P P d0" (D o' • H• 0 a CD H. r• H 4 P P O n Hots N G G n r• p w a Ha n n rr rr H. H o `C CD Co 0 `C rr'd H G • f n (D (D o o P HO tnp G d rhG U) r� Q• o w ao NH p `< H Hi n oc cosseraN MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA June 27 , 1978 The meeting was called to order at 5 : 00 P.M. by Vice Mayor. James E. Ward in the City Council Chambers, 22 Civic Center Plaza . Council members present were John Garthe, David L . Brandt, Gordon Bricken, David F . Ortiz, Harry K. Yamamoto and Vice Mayor Ward. Mayor Vernon S . Evans was absent . The following members of Staff were present: Bruce Spragg , City Manager ; Keith L . Gow, City Attorney; and Florence I . Malone , Clerk of the Council . PLEDGE OF ALLEGIANCE The Invocation was given INVOCATION by Councilman Bricken, following the Pledge of Allegiance to the Flag. ORAL COMMUNICATION To implement the decision EMPLOYEE SALARY $ BENEFITS made by the Council on ORDINANCES NO . NS- 1432, NS-1432 . 1 June 24 , 1978 to delay RESOLUTION NO. 78-83 for three months any DELETED FROM AGENDA employee salary and bene- fits adjustments , and on the motion of Councilman Garthe, seconded by Councilman Bricken, carried 6 : 0 unanimously, the following two ordinances and one resolution were deleted from the Agenda (Agenda Items No . 1 , 2 , and 5) : ORDINANCE NO . NS-1432 - AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA AMENDING PROVISIONS OF ARTICLE VII OF CHAPTER 9 OF THE SANTA ANA MUNICIPAL CODE TO REDUCE OVERTIME BENEFITS FROM TIME-AND-ONE-HALF TO STRAIGHT TIME; AND STATING THE REASONS FOR ITS URGENCY. ORDINANCE NO . NS-1432 .1 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING PROVISIONS OF ARTICLE VII OF CHAPTER 9 OF THE SANTA ANA MUNICIPAL CODE TO REDUCE OVERTIME BENEFITS FROM TIME-AND-ONE-HALF TO STRAIGHT TIME. RESOLUTION NO. 78-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING AND ESTABLISHING RATES OF COMPENSATION AND CERTAIN EMPLOYEE BENEFITS FOR CLASSES OF EMPLOYMENT, PROVIDING FOR THE APPLICATION AND ADMINISTRATION OF SUCH RATES, AND REPEALING RESOLUTION NO . 58-281 AND ALL AMENDMENTS THERETO. CA 50 . 1 ORAL COMMUNICATION At the request of the con- REFUSE COLLECTION & DISPOSAL tractor , and on the motion COMMERCIAL RATES APPROVED of Councilman Garthe, SUBJECT TO CONTRACT APPROVAL seconded by Councilman • Brandt , carried 4: 2, with Councilman Ortiz and Bricken dissenting tentative approval of new commercial rates, representing a 20 percent increase, to become effective July 1, 1978, was given subject to approval of the new contract with Great Western Reclamation, to be considered by Council at its July 11, 1978 meeting . A prior motion to separate the motion to consider new commercial rates separately from con- tinuance of the contract consideration, made by Councilman Yamamoto , seconded by Councilman Garthe, carried 4 : 2 , with Coun- cilman Ortiz and Bricken dissenting . And finally, the vote was 6: 0 unanimously carrying the motion made by Councilman Ortiz , seconded by Councilman Bricken that' consideration of the new con- tract between the City and Great Western Reclamation for refuse collection and disposal be continued to July 11 , 1978 . CITY COUNCIL MINUTES 361 JUNE 27 , 1978 City Manager Bruce Spragg explained that the contractor is asking for this tentative approval of new commercial rates so that the implementation of the average rate formula, retroactive to July 1 , 1978 , can be commenced . In his presentation to Council Mr . Jensen stated that Great Western Reclamation, for planning purposes and to standardize its commercial billing procedures , was requesting Council ' s approval of the new commercial rates, contingent upon approval of the new contract on July 11; and that if Council did not approve the contract on July 11, then the new commercial billing rates would not go into effect . The new contract would become effective the first day of the month following its approval by the City Council and shall extend to June 30 , 1983 and thereafter to June 30 of such subsequent year as the parties may mutually agree upon. CA 11 . 1 ; A- 1963 RECESS At 5: 15 P .M. the Council HOUSING AUTHORITY $ meeting was recessed by COMMUNITY REDEVELOPMENT AGENCY Vice Mayor Ward to hold the Housing Authority meeting; the meeting was reconvened at 5 : 30 P .M. at which time the meeting was immediately recessed for the Community Redevel - opment Agency meeting; the meeting was reconvened at 5 : 55 P-.M. and a fifteen minute recess preceded the reconvening of the Council meeting, with the same members present, at 6: 10 P .M. READING WAIVED Cofuncilman Yamamoto' s motion, to waive full read- ing of all ordinances and resolutions , the titles of which appear on the public Agenda, or which otherwise come before this Council , and the titles of which are read, and to consider by title only, was seconded by Councilman Ortiz , and carried 6 : 0 unanimously. NATIONAL ELECTRICAL CODE On the motion of Council- ORDINANCE NO . NS-1416 ADOPTED man Brandt , seconded by councilman Garthe , carried 5 : 1 , with Coun- cilman Bricken dissenting , the following ordinance was placed on second reading and adopted: ORDINANCE NO . NS-1416 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-1 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO THE APPLICATION. AND SCOPE OF CHAPTER 8 THEREOF, AND AMENDING ARTICLE V OF CHAPTER 8 TO ADOPT THE NATIONAL ELECTRICAL CODE, 1975 EDITION, WITH AMENDMENTS AND ADDITIONAL REQUIREMENTS . CA 87 NATIONAL ELECTRICAL CODE To implement Council 1975 EDITION - MODIFICATIONS findings following the RESOLUTION NO. 78-40 ADOPTED public hearing held on May 15 , 1978 , and pre- sentations of evidence made to Council on June 5, 1978 , on the motion of Councilman Garthe, seconded by Councilman -Brandt , carried 5 : 1 , with Councilman Bricken dissenting , the following resolution was adopted: RESOLUTION NO . 78-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING THE NECESSITY OF CHANGES AND MODIFICATIONS IN THE REQUIREMENTS OF THE NATIONAL ELECTRICAL CODE, 1975 EDITION, AS ADOPTED BY THE COMMISSION OF HOUSING AND COMMUNITY DEVELOPMENT. CA 87 CITY COUNCIL MINUTES 362 JUNE 27 , 1978 GENERAL PLAN AMENDMENT Councilman Yamamoto informed GARDEN GROVE - EUCLID $ HAZARD the Council that the City MAYOR AUTHORIZED TO OPPOSE of Garden Grove is process- ing a proposed amendment to its General Plan to change the land use for the 54 . 27-acre surplus school property at the northwest corner of Euclid and Hazard from low density residential to industrial ; he stated that a Planning Commission hearing was held and denial was recommended on a 5 : 2 vote; and he requested that the City take a position on this matter prior to its presentation to the Garden Grove City Council . Planning Director Charles Zimmerman stated that a challenge could also be made to. the issuance of a Negative Declaration for the General Plan Amendment in view of the significant environmental r— impacts which were not addressed. On the motion of Councilman Yamamoto , seconded by Councilman Brandt , carried 7 : 0 unanimously, the Mayor was authorized to write a letter to the City of Garden Grove in opposition to General Plan Amendment No . GPA-1-78 (G) to redesignate the property at the north- west corner of Euclid and Hazard from low density residential to industrial and challenging the granting of a Negative Declaration for the General Plan amendment in view of the significant environ- mental impacts which have not adequately been addressed and will occur as a consequence of the proposed change , such as increased traffic , increased noise , and effect on residential property values and the aesthetics of the area. CA 78 ORAL COMMUNICATION On the recommendation of BOWERS MEMORIAL MUSEUM BOARD Councilman John Garthe MANUEL ESQUEDA. APPOINTED and the second to his - motion by Councilman Brandt , carried 7 : 0 unanimously , Manuel Esqueda was appointed to the Bowers Memorial Museum Board to complete the vacated term of James Faulkner ending June 30 , 1980.. CA 85 . 2 ORAL COMMUNICATION An agreement between the STADIUM CONCESSIONAIRE - BARNES City and Joe A. and Phyllis AGREEMENT APPROVED S. Barnes to complete the contract expiring June 30 , 1979 of H. L. Farmen, the present concessionaire , was approved on the motion of Councilman Ortiz , seconded by Councilman Brandt , carried 5 : 2 , with Councilman Ward and Mayor Evans dissenting . City Manager Bruce Spragg stated that the Barnes ' would assume the operation of the Stadium concession at the next scheduled event for Thursday, April 27 if approval could be obtained at this Council meeting . A- 78- 38 Mr. Spragg stated that the previous concessionaire wished to dis- continue his agreement to service Eddie West Field - Santa Ana Stadium, and the new agreement basically assigns the remainder of the contract to Joe and Phyllis Barnes with the addition of some conditions that?will benefit the City. A report dated April 14., 1978 prepared by Leisure Services Manager William J. Palethorpe was .distributed to Council.. ORAL COMMUNICATION - TRASH CONTRACT City Manager Bruce Spragg * ,; TEAMSTERS STRIKE announced that the three- r' GREAT WESTERN RECLAMATION , INC . year labor contract between the Teamsters Union and the City' s trash contractor, Great Western Reclamation, as well • as other contractors in Orange County, would expire at Midnight , April 17 , and that no 'agreementhad been reached for a new con- tract. He stated that the City can expect the strike to begin CITY COUNCIL MINUTES 151 APRIL 17 , 1978 at Midnight; that the Police Department would be on the alert ; and that the City would be prepared to take steps to assist citizens with trash disposal if the strike were not settled within a short time . He emphasized that the primary responsibility for continued trash disposal service is that of the contractor. A-1963 ORAL COMMUNICATION Director of Public Works DEVELOPMENT OF FORREST PAULL PARK John. Stevens stated that AGREEMENT APPROVED Council had previously approved an agreement with the County of Orange to develop Forrest Paull Park with the added condition that a concrete block wall be constructed between the park and residences to the west, and that certain environmental precautions be taken by the County. Mr. Stevens stated that a new agreement has been prepared which includes these conditions , .., and he requested that the Mayor be authorized to execute the agreement as approved. On the motion of Councilman Garthe, seconded by Councilman Ward, carried 7:0 unanimously, the Mayor and Clerk were authorized to execute the amended agreement with the County of Orange for the development of Forrest Paull Park. A- 78-39 RECESS At 4 : 20 P.M. Council EXECUTIVE SESSION recessed to hold an Executive Session to consider personnel matters ; at 4 : 26 P.M. the meeting was reconvened and immediately recessed for dinner ; the meeting again reconvened at 7 : 30 P.M. with all Councilmen present . INVOCATION Following the Pledge of PLEDGE OF ALLEGIANCE Allegiance to the Flag, Pastor Rick Rzeszewski of the Broadway Baptist Church gave the Invocation. CA 80 . 17 SPECIAL PRESENTATION - DIRECTOR OF Councilman Garthe , repre- BUILDING SAFETY $ HOUSING senting the City, presented WENDELL BRIL a City Seal Tile Plaque to . Wendell Bril , Director of Building Safety and Housing, who retired on March 31 , 1978 . Councilman Garthe recalled working with Mr. Bril for many years , and commended him for his outstanding public service career with the City of Santa Ana. Mr. Bril said it was his pleasure to have contributed to the building quality and safety development of Santa Ana for more than eighteen years , since 1959 . CA 73B SPECIAL PRESENTATION Councilman Brandt made the RESOLUTION 78-46 - ROTARY CLUB presentation of Resolution "FOUR-WAY TEST CITY" No . 78-46 , adopted by the City Council during the afternoon meeting, to Mr. Marty Lockney, Mr. Jack Powers , and Mr. Ray Hubert of the Rotary Club of Santa. Ana North. The resolution proclaimed the City of Santa Ana as a "Four-Way Test City" , and resolved that the City Council would consider the following four questions prior to making any decisions : 1) Is it the truth? 2) Is it fair to all concerned? 3) Will it build good will and better friendships? and 4) Will it be beneficial to all concerned? CA 73B CITY COUNCIL MINUTES 152 APRIL 17 , 1978 .we reani RECESS At 3 :10 P. M. the Vice Mayor recessed the meeting; at 3 :18 P.M. the meeting was recon- vened with the same Council members present. = TPASH NEGOTIATIONS Following an oral report !.VERAGE RATE PROPOSAL" by City Manager Bruce t r"ONTRACT EXTENSION - APPROVED Spragg, and in accordance *sts,muttrt,it, with the recommendation made by Mr. •Spragg in his report dated March 29 , 1978 , the con- cept of the "average rate proposal" was approved for use as a basis for rates to be established in the extension. of the City' s refuse collection contract, and Staff was authorized to pre- pare a written contract for Council review within forty-five days , on the motion of Councilman Bricken, seconded by Council- man Brandt , carried 5 : 0 unanimously. City Manager Spragg reported that he had received substantial concurrence with his report to Council from Verlyn Jensen , a member of the negotiating team for the Contractor, Great Wes- tern Reclamation; the average rate proposal resulted from nine meetings held to devise a fair, equitable and trackable method of extending the refuse collection contract that would protect the taxpayers in Santa Ana from excessive charges , and at the same time provide a fair reimbursement to the Contractor, with some guarantee of a continuum of the services the City has had. Enclosure #1 of the report itemizes the rates the Contractor feels he would need to extend the contract on a fixed rate basis showing a 20% rate increase in residential rates and a 38% increase in commercial rates the first year. Enclosure #2 - states that the Contractor shall be paid at a rate calculated July 1 of each year that is equal to the average of the rates in the six cities of Anaheim, Costa Mesa, Fullerton, Garden Grove , Huntington Beach and Orange . At this time , the average rate proposal would result in a 5 . 3% increase in residential rates and a 22 . 2% increase in the commercial rates the first year. Mr. Spragg stated that the Director of Public Works John Stevens would be working with Mr. Blackman of Great Western, or his representatives , to determine the minimum levels of service to assure quality service for City residents as well as an equitable cost. Councilman Bricken asked the City Attorney what recourse the City would have in the event the Contractor acquired sufficient inter- est in the companies serving the six other Orange County cities to be in a position to drive up the rates . Mr. Gow responded that the terms of the contract would prevail . Mr. Spragg added that the Contractor would be in violation of anti-trust laws and subject to prosecution if collusion were suspected. Councilman Bricken suggested that language be in- cluded in the agreement addressing that situation, even though other legal remedies are available to the City. He stated that such language in the contract would tend to avoid some criticism and may expedite the solution of any future problems in that regard. Verlyn Jensen, Attorney for the Contractor, stated that Great Western Reclamation would agree to the continuance of the unilateral cancellation clause , and they would also be unopposed to an anti-monopoly, anti-collusion clause . Jan Boer, 912 North Lowell , stated that she would like to see the contract go out to bid. A- 78-29 CITY COUNCIL MINUTES 133 APRIL 3 , 1978 CITY MEMBERSHIP IN SCAG On the motion of Council- NONPAYMENT OF DUES AUTHORIZED man Brandt , seconded by Councilman Garthe , carried 4 : 1 , with Councilman Yamamoto dissenting , Staff was instructed not to pay Southern California Association of Governments dues for a period of two General Assembly Meetings after the same are due , which is con- sidered equivalent to withdrawal under SCAG By-laws . The Assistant City Manager' s report dated March 30 , 1978 , outlined Council ' s previous action regarding SCAG membership , and item- ized possible motions to clarify the Council ' s intention regard- ing withdrawal . CA 141 DEVELOPMENT UPDATE The report dated March 28 , LA BONITA PARK 1978 prepared by Director .. FILED of Recreation and Parks Robert E . Gresham, giving Council an update on plans and a tentative schedule for the design and development of the 4 . 2 acre site located at La Bonita and Progresso Streets unofficially known as La Bonita Park , was received and filed on the motion of Councilman Bricken , seconded by Councilman Brandt , and carried 5 : 0 unanimously. The start of construction is set for December 4 , with a comple- tion target date of April , 1979 . CA 52 POLICY RE CRITERIA FOR After considering the HIGHWAY PROJECT PRIORITAZATION analysis and recommenda- STATEMENT ADOPTED tion of the Transportation and Traffic Engineer Joe Foust, in his report dated March 28 , 1978 regarding the method used by the Orange County Transportation Commission to prioritize highway projects , on the motion of Councilman Brandt , seconded by Councilman Bricken, carried 5 : 0 unanimously, the following general policy statement was adopted: "In determining transportation project priorities , the Orange County Transportation Commission should give greater consider- ation to the positive impacts of those highway projects which would tend to encourage revitalization of existing urban areas. and/or would relieve residential neighborhoods from the intrusion of through traffic seeking alternates to presently congested arterial routes . Further, additional considerations should be given to the seniority status of those projects which have been recognized as being needed for a long time but have not been implemented due to lack of funding . " CA 29 ; CA 80 . 6 PROPOSED BUDGET FOR The proposed Civic Center CIVIC CENTER - FY 1978- 79 Operating and Capital APPROVED Budget for fiscal year 1978- 79 proposed by Director of Recreation and Parks Robert E. Gresham utilizing a $55 , 885 carry-over balance from the prior year and projected revenue of $409 ,452 , was approved for submittal to the Civic Center Commission, on the unanimously carried 5 : 0 motion of Councilman Bricken, seconded by Councilman Yamamoto . CA 77 CIVIC CENTER GROUNDS Consideration of the REPLACEMENT OF MAINTENANCE MAN I replacement of a Grounds CONTINUEDiTO JUNE 20 Maintenance Man I for Civic Center Grounds Maint- enance was continued to June 19 , 1978 , on the unanimously car- ried 5 : 0 motion of Councilman Bricken, seconded by Councilman Brandt . A prior motion made by Councilman Bricken , seconded by Councilman Garthe , to approve the hiring of a Grounds Maintenance CITY COUNCIL MINUTES 134 APRIL 3 , 1978 /i .ng „i�S REQUEST FOR COUNCIL ACTION 01, PREPARED BY Bruce C. Spragg DATE OF COUNCIL ACTION 2/ /yam' DATE 3/29/78 PHONE 4131 n.flI C. , SUBJECT REFUSE COLLECTION CONTRACT 44APPROVED • ht . ,-444,11 C DEPARTMENT _ E DEPUTY CITY MANAGER ASSISTANT CITY MANAGER CTFRK OF TIE CO , IL RECOMMENDED ACTION 1 . Approve in concept the "average rate proposal" for extension of the City' s refuse collection contract; and 2 . Authorize staff to prepare a written contract for Council review within forty-five ( 45 ) days. BACKGROUND: On January 3 , 1978 Council directed staff to resume negotiations with the City' s refuse contractor and attempt to conclude agreement within 90 days for extending the City' s refuse collection contract. In compliance with this directive, the City Manager, Director of Public Works, and the Finance Director ( frequently accompanied by Councilman Yamamoto) have met nine times for ex- tended discussions with Mr . Tom Blackman, Chet Jackson, and Verlyn Jensen who represent the contractor, Great Western Reclamation, Inc . RESULTS OF NEGOTIATIONS: Both negotiating teams have reached substantial basic agreement on most sub- stantive issues . These areas of mutual agreement include : 1 . Contractor' s Accountability. The accounting records of the contractor will be made available for inspection to the City and its auditor for verification and determination of contract compliance. Moreover, effec- tive at the beginning of the contractor' s new fiscal year on April 1, the accounting system will be revised so as to enable the separate identifi- cation of the contractor' s income and expenses resulting from their opera- tions solely within the City of Santa Ana. A periodic accounting will be provided to the City for review and verification by its auditor as may be more specifically required in the written contract. 2 . Term of Extended Contract. Any revision or extension of the existing 14 year old contract will be for a term of five years, with the rates for the first three years to be fixed initially, or at least the formula for deter- mining them to be established initially for the first three years, and the rates for the remaining two years to be negotiated after the end of the first year. 3. Billing Rate Basis. It has been mutually agreed that a "service unit" (dwelling units and small businesses ) count should be used as the basis for rate payment because it reflects refuse workload , not perfectly, but more accurately than the number of water meters in the City. In addition, a majority of the comparable cities in Orange County use the dwelling unit as a basis of rate payment. A conversion from water meters to dwelling units has been established calculated upon the existing monthly payment to the contractor so that no additional expense will be borne by the City for this billing factor conversion; the current number of residential dwelling units in the City has been established at 41 ,700 , which excludes com- mercial (bin) services billed directly by the contractor. This service unit count will be adjusted semiannually to recognize growth. OLUTION 24' 0 mz -1- 0 m Request For Council Action Refuse Collection Contract - Cont' d . 4 . Minimum Service Levels. There are mutual responsibilities for both the contractor and the City in this component. For the commercial service, the contractor must be responsive to legitimate service requests when bins are damaged or need cleaning or repainting . The City must require a mini- mum size and collection frequency that is adequate to prevent overloading and sanitation problems. In some cases of substandard multi-unit design, the City may have to require coordination in the collection schedule and container size . In the residential service , provision should be made for large item pickup. Details of these minimum service levels have yet to be defined . 5 . Revised Contract Wording. The present contract has been amended several times in the past and many provisions have been added rather than consol- idated . The contract should be reviewed by both legal representatives in order to consolidate, simplify, and clarify it. REMAINING ISSUE: The recent negotiations within the past 90 days have resulted in other mutually accepted facts about this situation. For example, the complaint history with the contractor supports the claim that their service has been generally good, while rate comparisons indicate that their charges have not been far from average. Neither side has been able to determine any "average" profit margins for the refuse industry. While the contractor' s pending labor negotiations with the Teamster' s Union for another three-year labor agreement lend another ingredient of uncertainty to the contract extension, it seems to be an issue that is capable of resolution if an appropriate "starting point" can be deter- mined for the first three years of our contract extension period . The search for a starting point that is fair to the City by not allowing the contractor to increase his profit margins, yet fair to the contractor by not depriving him of compensation for legitimate cost increases, without resorting to the expense and uncertain outcome of formal bidding , has been a most diff- icult search. The different approaches and procedures used by comparable cities have made fair comparisons on an "apples to apples" basis most compl- icated . Both sides feel that the viable options have now been narrowed to two basic approaches : the fixed rate proposal and the average rate proposal . Both are summarized and illustrated for your review on the attachments . CONCLUSIONS: Both sides will be available to discuss these proposals with Council on April 3 . While the specific steps in the formula for completely calculating the averages used in this approach have yet to be- written out for documentation, staff believes that our auditors will be able to verify the equity and accuracy of this approach best, and that it provides greater assurance for our residents of the fairness of future rates . RECOMMENDATION AND SUMMARY: Staff recommends that Council select the average rate proposal . After a selec- tion is made, financial representatives from both sides can document the formula for rate calculations for the first three years and establish a revised account- ing system for the contractor that will provide accountability for making future rate adjustments in conformance with this approach. The Director of Public Works will work with the contractor' s program representative to define minimum service levels, and the respective attorneys will rewrite the formal contract provisions . This process should result in a final written agreement in conformance with the provisions described above and the approach selected by Council within a period of 45 days. ms Enclosure: 1 . Fixed Rate Proposal 2 . Average Rate Proposal -256- GREAT WESTERN RECLAMATION, INC . THREE YEAR AVERAGE RATE PROPOSAL The Contractor shall be paid at a rate equal to the average of the rates in the six cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach and Orange. The average rate shall be calcu- lated on July 1 of each year; to cover the ensuing entire year; for the initial year, the rate calculated on July 1 , 1978 shall be payable retroactive to April 18 , 1978 to compensate for labor adjustments of first year . For example, the current average rate is $2 . 20 per service unit, which is 5 . 3% above Santa Ana' s existing rate of $2 . 09 per service unit . COMMERCIAL The Contractor' s average rate per cubic yard of service shall be equal to the average of the rates per cubic yard of service in the cities of Anaheim, Fullerton, Huntington Beach and Orange .* That average shall be calculated on July 1 of each year . For example, the current average rate is $1 . 20 per cubic yard of service, which is 22. 2% above Santa Ana' s existing average commercial rate of $0 .98 per cubic yard . * Garden Grove and Costa Mesa allow open competition for commercial service and , therefore, there is no average rate in these two cities to compare. ENCLOSURE $2 GREAT WESTERN RECLAMATION, INC . THREE YEAR FIXED RATE PROPOSAL CURRENT 1ST YEAR 2ND YEAR 3RD YEAR RESIDENTIAL Monthly Rate per Service Unit $2 .09 $2 .51 $2 . 75 $2 .99 Percent of Increase 20% 10% 9% Cents per Unit Increase 42¢ 240 240 City' s Annual Contract Cost $1 , 044,708 $1,256 , 000 $1,376 ,000 $1, 496 , 000 Yearly Increase in City' s Cost $211 ,292 $120 , 000 $120 , 000 Estimated Customer Costs : Single-Family Residence $2 . 38 $2 .80 $3 . 05 $3 .30 Duplex-Without Bin-Per Unit 1 .95 2 . 30 2 . 50 2 .70 Triplex-Without Bin-Per Unit 1 .78 2 .10 2 .30 2 .45 COMMERCIAL Average Rate per Cubic Yard $0 .980 $1 .350 $1.471 $1 . 598 Percent of Increase 38% 9% 9% EXAMPLE: (Service schedule will be completely reworked) 2 Cu. Yd . Bin Emptied Once Per Week $17 . 00 $23 . 46 $25 . 57 $27 .87 The basis for these rates is the average of the rates being paid contractors in other large Orange County cities. To the average rates, we have added seven percent ( 7% ) per year for increased expenses plus the estimated effect of a new labor contract currently under negotiations . All rates to become effective July 1 , 1978 , with the residential rates in 1978 only to be paid retroactive to April 18 , 1978 to compensate for labor adjust- ments of first year . tr ape west-lug Councilman Ward suggested that the brochures be distributed at the community centers , through service clubs and through various City departments , such as the Library. CA 129 CA 152 SANTIAGO PARK DEVELOPMENT The report dated March 14 , STATUS REPORT 1978 prepared by Robert FILED E. Gresham, Director of Recreation and Parks , stated that prior to the selection of a consultant to begin the development of a master plan to upgrade Santiago Park, community meetings were being held to determine the type of upgrading desired by the residents ; the report was received and filed on the unanimously carried 7 : 0 motion of Councilman Ward, seconded by Councilman Yamamoto . CA. 52 TUSTIN-SANTA CLARA DETACHMENT In accordance with the FROM E . ORANGE COUNTY WATER DISTR. recommendation of Senior DIRECTED STAFF TO NEGOTIATE Civil Engineer Walter PAYMENT FOR COUNCIL APPROVAL Schraub in his March 4 , 1978 status report , Staff was directed to negotiate a payment, subject to £iaal . Council approval , to the East Orange County Water District to compensate the District for the loss of expected revenue neededto payoff existing bonded indebtedness in the proposed Tustin-Santa Clara Detachment, on the motion of Councilman Garthe , seconded by Councilman Ward, and carried 7 : 0 unanimously. The request for detachment was initiated by the City Council when it learned that the City had been providing water service , yet the properties had been subject to taxation by the EOCWD for approximately 4-1/2 years . CA 12 LEAGUE OF CITIES Payment of the fourth DUES PROPOSED DUES STRUCTURE quarterly dues (April through PAYMENT AUTHORIZED; PROTEST June, 1978) in the amount of $1 ,049 was authorized, on the motion of Councilman Brandt, seconded by Councilman Ward, carried 5 : 2 , with .Councilmen Yamamoto and Ortiz dissenting. The initial motion to authorize payment, made by Councilman Brandt, seconded by Councilman Bricken had failed on a 3 :4 vote , with Councilmen Ward, Yamamoto , Ortiz and Mayor Evans dissenting ; however , following a discussion of the proposed dues structure for fiscal year 1978- 79 , a motion to reconsider made by Council- , man Ward, seconded by Councilman Brandt, was-carried 5 : 2 , with Councilmen Yamamoto and Ortiz dissenting. On the motion of Councilman Ward, seconded by Councilman Brandt, carried 6 : 1 , with Councilman Garthe dissenting, the City' s vot- ing delegate to the Orange County Division League of California Cities was instructed to protest the proposed dues structure for fiscal year 1978- 79 . CA 148 . 1 TRASH NEGOTIATIONS City Manager Bruce Spragg TY MANAGER REPORT - reported that the biggest 'GREEMENT APPROVED problem in the negotiations with the City ' s trash contractor was to determine a starting point ; that the assistance of an accounting firm to provide some of the basic information as to auditability of proposed accounting systems and procedures would provide the negotiating team with the needed facts . Following Mr. Spragg' s report and on the motion of Councilman Garthe , seconded by Councilman Ward, carried 6 : 1 , with Councilman Ortiz dis- senting , an agreement between the City and Haskins F Sells to perform consultant services at a cost not to exceed $2,500 was approved. A- 78-29 CITY COUNCIL MINUTES 114 MARCH 20, 1978 HIRING FREEZE EXEMPTIONS The exemption request was REDEVELOPMENT AGENCY granted and immediate hir- 2 POSITIONS APPROVED ing of an Administrative TEMPORARY POSITIONS CONTINUED Assistant for the Redevelop- ment Agency authorized, on the motion of Councilman Brandt ; seconded by Councilman Garthe, carried 6 : 1 , with Councilman Yamamoto dissenting. On the motion of Councilman Garthe , seconded by Councilman Brandt , carried 4 : 3, with Mayor Evans , and Councilmen Yamamoto and Bricken dissenting, exemption was granted and authorization given to hire a Rehabilitation Planning Specialist immediately after the March 21 bond sale . A previous motion to deny the request failed by a 3 : 4 vote . The Redevelopment Director' s request to hire temporary employees for a minimum of six months if the bond does not sell , was con- tinued to April 3, 1978 on the motion of Councilman Brandt , seconded by Councilman Garthe , and carried 5 : 2 , with Councilman Yamamoto and Mayor Evans dissenting. CA 50 HIRING FREEZE EXEMPTION Councilman Garthe' s motion FINANCE DEPARTMENT - BUYER to approve the exemption DISAPPROVED of the Finance Department Buyer from the hiring freeze , failed for lack of a second. A subsequent motion by Councilman Bricken, seconded by Councilman Ward, to deny the request for exemption, carried 5 : 2 , with Councilmen Garthe and Mayor Evans dissenting. CA 50 c ADDITIONAL POSITION On the motion of4Founcil- GROUNDS MAINTENANCE MAN II man Ward, seconded by - CIVIC CENTER MAINTENANCE APPROVED Councilman Garthe , carried 6:1 , with Councilman Yama- moto dissenting, an additional Grounds Maintenance Man II was authorized for the Civic Center Maintenance Division. The report dated March 14 , 1978 prepared by Gerry Ott , Park-Tree Superin- tendent pointed out that the position had been proposed for the Civic Center Budget but was omitted due to a clerical error when the final budget was submitted, and that funding is completely from the Civic Center parking revenues: CA 50 STATUS REPORT - PROPOSED A report dated March 14 , BUILDING SECURITY ORDINANCE 1978, prepared by Sergeant FILED J. Brann, concerning steps taken to prepare a building security ordinance for residences and businesses , was received and filed on the motion of Councilman Ward, seconded by Council- man Brandt, carried 7 : 0 unanimously. The report states that following meetings with local builders, the Chamber of Commerce , and other interested parties , that itis anticipated that the ordinance will be ready to submit to Council by April 17 , 1978 . CA 87 RECOMMENDATIONS FOR PUBLIC After consideration of EDUCATION RE CHARTER AMENDMENTS several recommendations BROCHURES AUTHORIZED made by Public Information Officer Frank Blaszcak in his report dated March 8 , 1978 , on the motion of Councilman Ward, seconded by Councilman Yamamoto , carried 7 :0 unanimously, Staff was authorized to produce 15,000 copies of a two-color educational brochure concerning the Charter amendments to be on the June 6 bal- lot, for handout distribution, at a cost of $2 ,600 . CITY COUNCIL MINUTES 113 MARCH 20 , 1978