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
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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
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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.
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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