HomeMy WebLinkAboutGREAT WESTERN RECLAMATION, INC.- A-2002-216 INSURANCE NOT ON E
WORK MAY NOT PROCEED A-2002-216
C' CLERK OF COUNCIL
DATE: 3/7/°3
FOURTH AMENDMENT TO AGREEMENT FOR COLLECTION
AND HANDLING OF SOLID WASTE GENERATED AND
OR ACCUMULATED IN THE CITY OF SANTA ANA
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THIS FOURTH AMENDMENT, made and entered into this /0 day of g venkr,, 2002, by and between
USA Waste of California Inc., formally Great Western Reclamation, a division of Waste Management
Collection and Recycling, Inc ("Contractor") and the City of Santa Ana, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of California
("City"), collectively referred to herein as "the Parties".
RECITALS
1. The Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989, Division 30 of the California Public Resources Code,
commencing with Section 40000 ("CIWMA"), declares that it is within the public interest
to authorize and require local agencies to make adequate provisions for Solid Waste
handling within their jurisdictions.
2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and
well being require that the collection, transportation, and recycling, diversion by means of
composting, mulching and/or transforming, and disposal of Solid Waste, including, but not
limited to, the frequency and means of such collection, transportation and recycling, yard
waste diversion or disposal, and the charges and fees therefor, be provided by contract to a
qualified contractor.
3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid
Waste collection and handling (the "Original Agreement").
4. On June 19, 1997, CITY and CONTRACTOR entered into a Second Amended and
Restated Agreement (hereinafter referred to as "Second Amended Agreement").
5. On May 20, 2002, CITY and CONTRACTOR entered into a Third Amended Agreement
(hereinafter referred to as "Third Amended Agreement").
6. Since execution of the Third Amended Agreement, the CITY and CONTRACTOR have
met to develop a payment methodology for cost associated with the reduction of debris,
garbage and litter into the City storm water system.
7. The City experiences debris, garbage and litter on sidewalks and alleys which makes its
way into the city storm drain system when it rains.
8. Pursuant to requirements of the Clean Water Act, the City must pay additional cost to
comply with obtaining a National Pollution Discharge Elimination System permit. These
costs are directly related to the cost of preventing, reducing, and/or cleaning up debris,
garbage and litter that is generated within the City and is not properly disposed of in trash
receptacles.
9. CITY and CONTRACTOR have jointly concurred that it would be in the best health and
safety interests of the CITY and the residents therein that a Fourth Amended Agreement be
revised to provide for an adjustment to the City's administrative fee for curbside service in
order to pay for the cost associated with monitoring and preventing trash from entering into
the City storm drain system.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter
contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended,
the parties hereto do hereby agree as follows:
1. Exhibit C, of said Agreement is hereby amended to increase the City's administrative cost per
curbside service unit by twenty two cents ($.22) effective January 1, 2003.
2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the
date and year first above written.
ATTEST: CITY OF SANTA ANA
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PATRICIA E. HEALY David N. Ream
Clerk of the Council City Manager
•
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney -
By: q tiL `,
Michael Vigliotta
Deputy City Attorney
APP' OVED AS T 1 NTENT: CONTRACTOR
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Fti-
es G. Ross
•cutive Director
the Public Works Agency 363 -2o/4:3". 3
Employer ID # or Individual SS
PUBLIC HEARING
ORDINANCE NO. NS-2519 - An ordinance of the City Council of the City
of Santa Ana adding Article XVIII to Chapter 13 and Sections 18-162.1 to
18-165.4 to the city's code, establishing a Federal Clean Water Protection
Enterprise Fund and Federal Clean Water Protection Enterprise Program
2. Approve resolution.
RESOLUTION NO. 2002-100 A resolution of the City Council of the
City of Santa Ana increasing the amount of sewer, water, refuse and
various specified building permit and inspection fees and charges to
fund the Federal Clean Water Protection Enterprise established
pursuant to Section 18-165.2 of the Santa Ana Municipal Code and
adding said increased fees and charges to the miscellaneous fee
schedule
3. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreement.
AGMT NO. 2002-216 - Execute an amendment to the agreement with
Waste Management Inc. increasing the City's administrative fee for
curbside service - Public Works Agency
MOTION: McGuigan SECOND: Alvarez
VOTE: AYES: Alvarez, Bist, Franklin, McGuigan, Pulido,
Solorio (6)
NOES: Christy (1)
ABSENT: None (0)
* Mayor Pulido left the meeting at 8:54 p.m.
COUNCIL AGENDA ITEM
Pursuant to Charter Section 411, any member of the City Council may place items on the
City Council Agenda to be considered by the City Council.
85.A. AUTHORIZATION TO NEGOTIATE THE SALE OF AN AMBULANCE TO
THE CITY OF MINATITLAN, MEXICO (SOLORIO)
Public hearing to consider the direct negotiated sale of an ambulance with
Minatitlan, Mexico, without the necessity of a public auction. Such decision
would require the two-thirds approval of the City Council in accordance with
Section 2-709 of the Santa Ana Municipal Code.
CITY COUNCIL MINUTES 411. NOVEMBER 18, 2002
PUBLIC HEARING
RESOLUTION 2002-098 - A resolution of the City Council of the City of
Santa Ana certifying the environmental impact report, approving a mitigation
monitoring program, and adopting certain facts, findings and a statement of
overriding considerations; approving as conditioned Conditional Use Permit
No. 2002-20 to allow the sale of alcoholic beverages for off-site
consumption; approving as conditioned Conditional Use Permit No. 2002-21
to allow after hours operation; and approving as conditioned Conditional
Use Permit No. 2002-22 to allow four live-work units for a proposed Say-On
and four live-work units located at 102, 116-120 North Main Street and 115
North Sycamore Street
Applicant: M & A Gabaee L.P
MOTION: Solorio SECOND: McGuigan
VOTE: AYES: Alvarez, Franklin, McGuigan, Pulido, Solorio
(5)
NOES: Bist, Christy (2)
ABSENT: None (0)
75.D. ORDINANCE AND RELATED ACTIONS CREATING THE FEDERAL
CLEAN WATER PROTECTION ENTERPRISE
Public hearing to consider approving a proposed new storm water fee
program under the Federal Clean Water Protection Enterprise.
Legal Notice published in the Orange County Register on November 8 and
15, 2002
Presentation of staff report by Engineering Service Manager George
Alvarez, Public Works Agency
Presentation of written communications by Clerk of the Council: None
Glen Stroud addressed the Council relative to concerns about the increase
in the water bills which will result from adoption of this ordinance; public
hearing closed
Motion: 1. Place ordinance on first reading and authorize publication of title.
CITY COUNCIL MINUTES 410 NOVEMBER 18, 2002
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
NOVEMBER 18, 2002
TITLE: APPROVED ND
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$ 2.002
As Recommended
PUBLIC HEARING — ORDINANCE As Amended
st , Icra'L
AND RELATED ACTIONS CREATING Ordinance on 1 Reading tc-' ' -
Ordinance on 2"d Reading
THE FEDERAL CLEAN WATER ) Implementing Resolution NOV= 156 ZObt
PROTECTION EN RPRISE Set Public Hearing For
CONTINUED TO
ileAgiftZ FILE NUMBER A 2002-216
CITY MANAGER -c2519) 4
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RECOMMENDED ACTION
1 . Adopt an ordinance creating the ,Federal Clean Water Protection
Enterprise .
2 . Adopt a resolution increasing the refuse program surcharge on
business and apartment service, and the sewer, water and specified
building permit fees and charges .
3 . Direct the City Attorney to prepare and authorize the City Manager
and. Clerk of the Council to execute an amendment to the agreement
with Waste Management Inc. increasing the City' s administrative fee
for curbside service.
DISCUSSION
The Santa Ana Regional Water Quality Control Board has adopted new permit
requirements for storm water management. To comply with these
regulations additional resources will be required. In the FY 02/03
budget, the City created the Federal Clean Water Protection Enterprise to
fund the various activities of the storm water management program. The
cost of this program is $1, 561, 126 this fiscal year.
To pay for these added costs it is recommended that the City fund the
Federal Clean Water Protection Enterprise with the water, sewer and
refuse enterprises and building/development fees . All of these funding
sources are related to the program. The revised fees will be effective
January 1, 2003 . The cost allocation, to the three enterprises, and
building/development fees along with the proposed rate increase are
listed below:
Page 305 75 • D •
Ordinance and Related Actions Creating the
Federal Clean Water Protection Enterprise
November 18, 2002
Page 2
Enterprise/Fees Cost Allocation % Increase
Water $816, 691 3%
Sewer $114, 283 5%
Refuse $506, 462 1 . 6%
Building/Development fees $123, 690 26%
Total $1,561, 126
The cost allocation of this program will be supported by
building/development fees in the amount bf $123, 690 . Increases will only
be to those building permit, plan check, and inspection services that
relate to storm water discharge, and will include an exception for
projects. under $30, 000 in assessed value and involving less than 500
square feet of additional floor space.
The increase in water rates will be utilized to pay the permit fee
charged to the City by the Regional Water Quality Control Board and two-
thirds of the additional training and community outreach required under
this permit. This money will benefit the quality of water.
The increase in the sewer rate will be utilized for repair and
replacement of storm drain facilities to prevent the infiltration of
sewer discharge into the storm drain system, which leads to the discharge
of untreated effluent.
The refuse increases will be utilized for a number of purposes related to
encouraging landfilling of wastes rather than their discharge into the
storm drains including one-third of the costs of training and community
outreach, industrialand commercial compliance with the new permit and
required, cleaning of storm drains .
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review. Categorical Exemption ER No'. 2002-
404 will be filed for this project.
FISCAL IMPACT
The estimated cost to the average single-family unit, based on average
water consumption, is $1 . 08 per month. '
75 . D . Page 306
Ordinance and Related Actions Creating the
Federal Clean Water Protection Enterprise
November 18, 2002
Page 3
Funds collected will be deposited in the Federal Clean Water Protection
Enterprise (account nos . 57-01-5499, 57-01-5499-56, 57-01-5499-60, 57-01-
5499-69, and 57-01-5499-70) .
APPROVED AS TO FUNDS AND ACCOUNTS:
James Ross
4€a
Executive Director Executi e Director
Public Works Agency Finance & Mgmt . Services Agency
Page 307 75 . D .