HomeMy WebLinkAbout FULL PACKET_2006-01-17
MEMORANDUM
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Cit~, Council Meeting Date: January) 7, 2006
To:
David Ream I
City Manag~
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Date: January 3, 2006
~oss, Executive Director
From:",// Public Works Agency
Subject: N9tification that City Engineer is Reviewing Final Parcel Map No. 2004-317 for
/Approval
................~......--,/
Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides
notice that the City Engineer has received Final Parcel Map No. 2004-317 (City
Parcel Map No. 2005-10), for 2000 East First Street (Exhibit I), from the owner, The
Sisters of the Company of Mary Our Lady, and is in the process of reviewing the map
for final approval. The Tentative Parcel Map No. 2004-317 was approved by the City
Council on November 7, 2005. The City Engineer shall approve or disapprove this
map within 10 days after the City Council meeting of January 17, 2006.
cc: Mayor and City Council
City Manager
Deputy City Manager of Development Services
Clerk of the Council
T:IDevelopment ServiceslSubdivisionlMemoslFinalParcelMap2004317Review Nolice01_17 _ 06 _ lL.doc
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SANTA ANA
f City Council
P W A' Agenda Date
, ,
PUBlIC 'ORKS AGENCY JANUARY 17, 2006
Title:
ct. FIRST STREET
EXHIBIT I
PARCEL MAP 2004 - 317
2000 E. FIRST STREET
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CITY LIMITS - CITY OF SANTA ANA
CITY LIMITS - CITY OF TUSTIN
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CITY COUNCIL MEETING DATE:
~
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REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
APPROVED
APPROPRIATION ADJUSTMENT -
HIGH CONCENTRATION OF WIA
ELIGIBLE YOUTH GRANT -
WORKFORCE INVESTMENT ACT
FIFTEEN PERCENT SPECIAL
FUNDING
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
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CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Approve an Appropriation Adjustment accepting State of California
Fifteen Percent Governor's Workforce Investment Act funds in the
amount of $62,500 into revenue account (account no. 123-01-5350) and
appropriate the same to expenditure accounts (account nos. 123-196-
various) .
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with Orangewood
Children's Foundation to fund the Foster Youth Liaison Project from
January 1, 2006, through December 31, 2006, for an amount not to
exceed $60,650.
DISCUSSION
Under the Workforce Investment Act (WIA), Section 129 (b) (2) (C), the State
of California is required to provide additional assistance to local areas
that have high concentrations of eligible youth. On October 7, 2005, the
State released Directive number WIAD05-7 indicating that WIA Fifteen
Percent funding would be available upon approval of a proposal submitted
by the local Workforce Investment Boards. The Santa Ana Workforce
Investment Board/Youth Council submitted a proposal to fund the Foster
Youth Liaison Proj ect, administered by the Orangewood Children's
Foundation. The proposal submitted would target and facilitate
enrollment of foster/emancipated youth to the local WIA funded youth
system. The project would provide universal services for up to 100 youth
at the Orangewood Children's Foundation Resource Center located in Santa
Ana. In addition, the proj ect will enroll 12 WIA eligible
foster/emancipated youth into the WIA system. Services provided to the
youth include comprehensive education and employment preparation services
20A-1
AA-High Concentration of WIA Eligible
Youth Grant - WIA Fifteen Percent
Special Funding
January 17, 2006
Page 2
for both In-School and Out-of-School youth who are Santa Ana residents
between the ages of 16 and 21 and are in the foster care system or have
been emancipated. On November 9, 2005, the State awarded $62,500 to the
Santa Ana Workforce Investment Board to facilitate the increase of
foster/emancipated youth receiving WIA services for the period of
November 1, 2005, through December 31, 2006.
FISCAL IMPACT
Upon approval of the appropriation adjustment, funds for this program
will be available in the Workforce Investment Board High Concentration of
WIA Eligible Youth Grant Fifteen Percent account (account no. 123-196-
various) .
APPROVED AS TO FUNDS AND ACCOUNTS:
Pa~~C(;h~~
Executive Director
Community Development Agency
~
Francisco Gutierrez ~
Executive Director
Finance & Management Services Agency
PCW/FJ/mlr
H:\ACTIONS\2006 CC\AA-HighConcentrationWIAEligYouthGrant-WIA15percentSpFunding 1-17-06.doc
20A-2
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
CONTRACT RENEWAL FOR
WEEKEND AND HOLIDAY
GRAFFITI REMOVAL
(SPEC. NO. 04-132)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For_____
!2dz
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Renew the contract with Graffiti Protective Coatingsl Inc. for weekend
and holiday graffiti removal for a one-year period in the annual amount
not to exceed $1001000.
DISCUSSION
The Public Works Agency/s Maintenance Division is responsible for
weekday graffiti removal. Contract services will include the removal
of graffiti on weekends and holidaysl based on requests received from
City staff and residents through the City/s graffiti hot-line telephone
number.
On November 151 20041 the City Council awarded a contract to Graffiti
Protective Coatings 1 Inc. for a one-year periodl with provision for
four one-year renewals. The vendor has performed satisfactorily during
the past contract period and has agreed to renew the contract without
an increase in pricing. Staff recommends the first renewal of the
contract.
FISCAL IMPACT
Funds are available in the Environmental Sanitation Other Contractual
Services account (account no. 68-632-6291).
12
APPROVED AS TO FUNDS AND
-=t\\t\~~~~~J.""'" ~~~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
ACCOUNTS:
J mes G. Ross
xecutive Director
Public Works Agency
JGR/WO/04-132R.9:uc
22A-1
Agenc~~__
22A-2
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
CONTRACT AWARD FOR BATTERY
BACK-UP POWER SUPPLY SYSTEM
(SPEC. NO. 05-119)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing FOf____
flJhr2
CONTINUED TO
--'
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to ComSerCo, Inc., for the purchase of battery back-up
power supply and low voltage disconnect units in the amount of
$22,627.50.
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of
urban areas by ensuring that all emergency first responders have
adequate equipment and systems to prevent, respond to and recover from
acts of terrorism. The grant provides total reimbursement to local
agencies for equipment purchases approved and authorized by the Office
of Disaster Preparedness.
As part of the Mobile Data Computer project, the Fire Department
recently placed computers in all department vehicles. The computers
rely on the vehicle's electrical system for power. Therefore, should
the vehicle's electrical system fail to operate, the computer will
become inoperable, resulting in the loss of critical information
required in an emergency situation. The installation of back-up power
supply and low voltage disconnect units in the vehicles will allow for
uninterrupted power to the computers.
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228-1
Contract Award for Battery Back-Up Power
Supply System
(Spec. No. 05-119)
January 17, 2006
Page 2
The notice inviting bids was advertised on December 16 and 19, 2005,
and bids were solicited. A summary of the bid invitations and bids
received is as follows:
4 Invitations For Bid mailed
1 Invitation For Bid received
Bid was received and opened on December 28, 2005. The bid received
from ComSerCo Inc. is responsive to the specifications and meets the
City's requirements.
FISCAL IMPACT
Funds are available in the Office of Emergency Services (OES) Urban
Areas Security Initiative (UASI) Grant Operating Materials & Supplies
account (account no. 125-320-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
~(\~~~\~~ ~~ ~~-\~ -~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agenc~~
228-2
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
CONTRACT AWARD FOR
MARK I ANTIDOTE KITS
(SPEC. NO. 05-120)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For___._.
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CONTINUED TO
----
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Rej ect Bid A from Fisher Safety, a division of Fisher Scientific
as nonresponsive.
2. Award a contract to Bound Tree Medical, LLC for the purchase of
Mark I Nerve Agent Antidote Kits in the amount of $13,215.53.
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of
urban areas by ensuring that all emergency first responders have
adequate equipment and systems to prevent, respond to and recover from
acts of terrorism. The grant provides total reimbursement to local
agencies for equipment purchases approved and authorized by the Office
of Disaster Preparedness.
The Fire Department requires Mark I, Nerve Agent Antidote Kits
containing antidotes to be used in instances of exposure to a nerve or
organophosphate agent. The antidote relieves, counteracts, or reverses
the effects of poisons or drugs such as nerve agents. The Mark I kit
consists of two auto- inj ectors containing Atropine Sulfate and
Pralidoxime Chloride. The auto-injectors are self-contained, compact
injection systems that come equipped with a pre-measured dose of
antidote, permitting rapid administration of the antidote, preventing
22C-1
Contract Award for Mark I Antidote Kit
(Spec. No. 05-120)
January 17, 2006
Page 2
needle cross-contamination between patients, and enabling rapid and
accurate administration to a large number of patients. In the event of
a Weapons of Mass Destruction incident, the use of auto-injectors would
facilitate treatment for emergency first responders by providing
simple, accurate drug administration of a pre-measured, controlled
dose.
The notice inviting bids
and bids were sol ic i ted.
received is as follows:
was advertised on December 16 and 19, 2005,
A summary of the bid invitations and bids
5 Invitations For Bid mailed
2 Invitations For Bid received
Bids were received and opened
Fisher Safety, a division of
availability conditions and
recei ved from Bound Tree
specifications and meets the
follows:
Vendor:
on December 28, 2005. Bid A submitted by
Fisher Scientific did not meet price and
was considered nonresponsive. The bid
Medical, LLC is responsive to the
City's requirements. Bid results are as
Amount:
Bound Tree Medical, LLC
Fisher Safety,
Div. Fisher Scientific - Bid B
FISCAL IMPACT
$13,215.53
$14,123.59
Funds are available in the Office of Emergency Services (OES) Urban
Areas Security Initiative (UASI) Grant Operating Materials & Supplies
account (account no. 125-320-6391)
APPROVED AS TO FUNDS AND ACCOUNTS:
':\~'-""f.'J~ \\~ ~-..
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agencyj~
22C-2
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
JANUARY 17, 2006
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
PAINTING SERVICES
(SPEC. NO. 05-126)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
{2a;{Z.
CITY MANAGER
CONTINUED TO
-
FILE NUMBER
RECOMMENDED ACTION
Award a contract to Solorio, Inc. for painting of the Main Library in
the amount not to exceed $58,000.
DISCUSSION
As part of a routine maintenance schedule, the Main Library requires
interior painting. The library was last painted in 1991. Painting of
the library interior will improve its appearance and help in
maintaining clean, attractive facilities. The contract will provide for
painting of both public and administrative areas including the
basement, first and second floors, elevator and office doors, and
varnishing of stairway handrails.
The notice inviting bids was advertised on December 2 and 5,
bids were solicited. A summary of the bid invitations
received is as follows:
2005, and
and bids
6 Invitations For Bid mailed
3 Invitations For Bid mailed to Santa Ana vendors
1 Bid received
Bid was received and opened on December 20, 2005. The bid received
from Solorio, Inc., a Santa Ana vendor, is responsive to the
specification.
220-1
Contract Award for Painting Services
(Spec. No. 05-126)
January 17, 2006
Page 2
FISCAL IMPACT
Funds are available in the Library Administration & Support Services
Other Contractual Services account (account no. 11-214-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
(/If;r )
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Rob Richard
Library Director
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Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency/-
RR/BP/05-125.4:uc
220-2
REQUEST FOR
COUNCIL ACTION
~
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CITY COUNCIL MEETING DATE:
JANUARY 17, 2006
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
CALL ACCOUNTING SYSTEM
(SPEC. NO. 05-129)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
/2fJl1/Z.
CONTINUED TO
----
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to NEC Unified Solutions for a call accounting system
in the amount of $18,372.97.
DISCUSSION
The City's private voice communication network system provides
telephone services to City Hall and to all off-site City locations. The
voice services network system consists of 12 large computer private
branch exchange telephone systems, and approximately 17 smaller key
systems. The systems are linked internally allowing for a cost-
effective method for both internal and external telephone
communications. The City's telephone system averages over 20,000 (both
inbound and outbound) calls each business day.
The Telecommunications Services unit of the Information Services
Division manages and supports the City's voice communication system.
One tool they employ is a call accounting system, which tracks all
inbound, outbound and internal calls processed by the City's telephone
system. The information gathered by the call accounting system is used
to generate various management and accounting reports, which allow
Telecommunications Services to analyze call activity as part of a
process to minimize phone related costs, and to allocate (i.e. charge
back) phone usage and equipment costs to each City Agency/Department.
22E-1
Contract Award for Call Accounting System
(Spec. No. 05-129)
January 17, 2006
Page 2
The WinTRAK ProPAK II Call Accounting system currently in use by the
City was installed on July 27, 1999. The software's manufacturer, MTS
IntegraTRAK, has indicated they will discontinue the WinTRAK product
line and technical support will end January 1, 2006. An enhanced
product, the Applications Suite, has been offered as a replacement. The
recommended action will allow for the purchase of the replacement
product, which has been updated with new features to better track the
latest local and long distance services provided by the telecom service
providers. It also includes more tools to assist in minimizing phone
costs and preventing phone abuse. Therefore, staff recommends approval
of the purchase.
The notice inviting bids was advertised on December 7 and 9, 2005 and
bids were solicited. A summary of the bid received is as follows:
7 Invitations For Bid mailed
2 Bids received
Bids were received and opened on December 22, 2005. The bid received
from NEC Unified Solutions is responsive to the specification and meets
the City's requirements. Bid results are as follows:
Vendor:
Amount:
NEC Unified Solutions
MTS IntegraTRAK
$18,372.97
$20,471.42
FISCAL IMPACT
Funds are available in the
Services account (account no.
Communication Services
102-171-6291) .
Other
Contractual
...
'{.C\t\. ~t\.j >,-.r i...J
Francisco Gutierrez
Executive Director
Finance & Management
~*..
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Services AgenCy~
,-
FGjTOj05-129.2:uc
22E-2
REQUEST FOR
COUNCIL ACTION
~
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CITY COUNCIL MEETING DATE:
JANUARY 17, 2006
TITLE:
CONTRACT AWARD FOR
FIRE EXTINGUISHER SERVICE
(SPEC. NO. 05-131)
CLERK OF COUNCIL USE ONLY:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For ___
(JAa
CONTINUED TO
~
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to FireMaster for fire extinguisher service for a two-
year period with provision for three one-year renewals in the annual
amount not to exceed $20rOOO.
DISCUSSION
The City establishes an annual blanket order list consisting of vendors
that provide supplies and services that are required by agencies on a
consistent basis. Fire extinguisher services are required at times by
all City departments to maintain over 1r100 fire extinguishers located
in various City facilities and vehicles. The contract will provide
fixed pricing for testing, rechargingr and repair of fire extinguishers
for all City departments.
The notice inviting bids was advertised on December 16 and December 19r
2005r and bids were solicited. A summary of the bid invitations and
bids received is as follows:
6 Invitations For Bid mailed
3 Invitations For Bid mailed to Santa Ana vendors
1 Bid received
Bid was received and opened on December 28r 2005, and evaluated. The
bid received from FireMaster is responsive to the specification.
22F-1
Contract Award for Fire Extinguisher Service
(Spec. No. 05-131)
January 17, 2006
Page 2
FISCAL IMPACT
Funds are available in the various departmental Other Contractual
Services accounts (object code 6291) .
~\\.(',.';t\.~\~ >..) ~ ~ :::.. _
Francisco Gutierrez
Executive Director J
Finance and Management Services Agency t~/
-
FG/BP/05-131.2:uc
22F-2
REQUEST FOR
COUNCIL ACTION
~
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CITY COUNCIL MEETING DATE:
JANUARY 17, 2006
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
MISCELLANEOUS REPAIRS OF
FIRE APPARATUS
(SPEC. NO. 05-135)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For ____
OJJa-
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to American LaFrance of Los Angeles for the
miscellaneous repair of fire apparatus for a three-year period in the
annual amount not to exceed $60,000.
DISCUSSION
The Fleet Maintenance Division of the Finance and Management Services
Agency is responsible for basic maintenance of all City-owned vehicles,
including fire apparatus. Larger repairs, or those requiring
specialized tools on fire apparatus are contracted out to the
manufacturer, American LaFrance. Their Southern California repair
facility is staffed by certified emergency vehicle technicians. The
vendor has performed satisfactorily in previous years and staff
recommends the award of the contract.
FISCAL IMPACT
Funds are available in the Equipment Maintenance Garage Operation
Maintenance & Repair Machinery & Equipment account (account no. 75-111-
6281) .
~~S'\.~.\~(''"''--:> \\ ~,)-"'fI ....~
Francisco Gutierrez
Executive Director
Finance and Management Services AgencYi~~
-
FG/KM/05-135.2:uc
22G-1
22G-2
REQUEST FOR
COUNCIL ACTION
~
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
APPROVED
CONTRACT AWARD FOR SEISMIC
RETROFIT OF FAIRVIEW STREET
BRIDGE OVER THE SANTA ANA
RIVER (PROJECT NO. 1825)
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Award a contract to Powell Constructors, the lowest responsible
bidder, in accordance with unit bid prices in the estimated amount of
$1,363,322.50 for construction of Seismic Retrofit of Fairview Street
Bridge over the Santa Ana River.
2. Approve an appropriation adjustment accepting funds in the amount of
$1,174,740 into the Select Street Construction Fund (account no. 59-
01-5343) and appropriating $1,174,740 to the Select Street
Construction Fund (account no. 59-551-6631) for the Fairview Street
Bridge Seismic Retrofit project.
3. Approve a Funding Analysis with a total estimated construction cost
of $1,704,100.
DISCUSSION
The bridge seismic retrofit project involves the Fairview Street bridge
over the Santa Ana River Channel (Exhibit 1). The project provides
various measures to minimize effect of a seismic event on the bridge.
The measures include tying the bridge girders together with steel cable
retainers, placement of additional piles at the bridge abutments, and
construction of pile caps. The proposed retrofit improvements will
enhance public safety on the bridge.
The Notice Inviting Bids was advertised on October 28 and 31, 2005, and
bids were opened on December 7, 2005. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
23A-1
Seismic Retrofit of Fairview Street
Bridge over the Santa Ana River
January 17, 2006
Page 2
Santa Ana Contractors receiving notices: 3
Contractors requesting bidding 14
documents:
Bids received: 3
Bids received from Santa Ana 0
Contractors:
NAME OF BIDDER
CITY
BID AMOUNT
Powell Constructors
Fontana
1,363,322.50
A total of three bids were received but only one was responsive. Beador
Construction Company and Peterson Chase General Engineering Construction,
Inc. failed to notarize their bidders' signature on the bid bond as
required by the bidding documents. The lowest responsive bid was
submitted by Powell Constructors, for $1,363,322.50, which is above the
Engineer's estimate of $1,233,000. The Disadvantaged Business Enterprise
form from Powell Constructors had the bidders name typed but was not
signed. However, this does not materially affect the bid and staff
considers this to be a minor irregularity.
The City has submitted applications to the California Department of
Transportation (Caltrans) under the Highway Bridge Replacement Program
and received approval for funding to perform the seismic retrofit of
Fairview bridge over the Santa Ana River. Caltrans is providing 80%
funding for the construction phase of the project; therefore, revenue is
available to commit these funds for seismic retrofit related projects.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption
ER no. 2003-186 has been filed.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$1,704,100 for the project (Exhibit 2). Funds are available in the
Select Street Construction Fund (account no. 59-551-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
/-
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James G. RoSs
Executive Director
Public Works Agency
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Francisco Gutierrez /?
Executive Director ~i
Finance & Mgmt. Services Agency ~
23A-2
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EXHIBIT 1
Title: SEISMIC RETROFIT OF FAIRVIEW STREET
BRIDGE OVER THE SANTA ANA RIVER
(~RQJECT NO. 1825)
City Council
Agenda Date
JAN. 17, 2006
NIue IQRlS lGOCl
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FUNDING ANALYSIS
PROJECT 1825
SEISMIC RETROFIT OF FAIRVIEW STREET
BRIDGE OVER THE SANTA ANA RIVER
Construction Contract
Contract Administration
Inspection and Testing
Survey Staking
Contingencies
$1,363,322
64,446
110,000
30,000
136,332
TOTAL ESTIMATED CONSTRUCTION COSTS
$1,704,100
Exhibit 2
23A-4
REQUEST FOR
COUNCIL ACTION
~
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AMENDED AGREEMENT WITH WASTE
MANAGEMENT INC. FOR REFUSE
COLLECTION AND RECYCLING
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve and authorize the City Manager and the Clerk of the Council to
execute an amended agreement with Waste Management Inc. for collection
and recycling of the City's solid waste.
DISCUSSION
In 1996 the City entered into an exclusive agreement with Waste
Management Inc. to collect and recycle the City's residential, commercial
and industrial waste. With that agreement the City implemented the
three-cart curbside program, the wet/dry commercial program and the
sorted industrial waste programs that are currently in place. That
agreement has been amended to provide alley and parkway clean-up.
The proposed amended agreement will incorporate the additional services
to the City into one agreement and extend the term of
through the year 2018. In exchange, the City will receive
fiscal year 05-06 and $500,000 in each of the remaining
agreement. These payments will not affect customer rates.
the agreement
$1,000,000 in
years of the
Customer rates will continue to be competitive. In 2004 Santa Ana's
curbside rates were mid range and commercial rates were in the lower one-
third of the rates in the County. Currently, these rates may be
increased each year by 7.5%. With the proposed amended agreement the
rates can only be increased each year by 5 percent.
Under the proposed amended agreement Waste Management will continue to
utilize the trucks purchased by the City in 1996 and will begin replacing
them in 2006 with low emission vehicles. In addition, collection of
televisions, computers and monitors will be included with the City's
large item pickup service for curbside customers.
25A-1
Amended Agreement With
Waste Management Inc.
January 17, 2006
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City will receive $1,000,000 in fiscal year 05-06 and $500,000 each
year thereafter through the term of the agreement. The funds will be
deposited into the refuse collection fund (account no. 69-01-5112).
APPROVED AS TO FUNDS AND ACCOUNTS:
, .~(~
tJames G. Ross
Executive Director
Public Works Agency
~\)~t'~~r.l') 4,-,
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
AgenC~
25A-2
THIRD AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTES GENERATED, PRODUCED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
by and between
THE CITY OF SANTA ANA
AND
USA WASTE OF CALIFORNIA INC.
25A-3
TABLE OF CONTENTS
RECITALS ............... ........................ ............ ....... .............. ...... ............... ...... ..... .............. .............. 1
AGREEMENT .............................................................................................................................. 2
1. GRANT OF CONTRACT ............... ............................. .......... .......... ..... ........ ......................... 2
2. TERM OF CONTRACT .................. .......... ............................ .......... ........ ............................... 2
3. DEFINITIONS ......... ................ ...... ............. ............................. ........ ............... .......... .............. 3
4. SCOPE OF SERVICE............................................................................................................ 6
5. COLLECTION HOURS ......................................................................................................... 7
6. HOLIDA YS............................................................................................................................. 7
7. FREQUENCY OF COLLECTIONS ...... .................... .................. ............. ......... .................... 7
8. MAWTENANCE OF SCHEDULES..................................................................................... 7
9. EXCLUSNENESS OF AGREEMENT .......................... ........................... ........................... 7
10. SOLID WASTE PROGRAM SURCHARGE ...................................................................... 9
11. AUTOMATED SYSTEM ............... ........................... .............. ............... ........ ......... ............. 9
( a) LICENSE.................................................................................................................... 9
(b) FINANCING............... ............ ........... ............... .............. ......... ............. ................... 10
(c) MAWTENANCE OF LICENSED EQUIPMENT ................................................. 10
(d) OPERATION OF LICENSED EQUIPMENT........................................................ 10
(e) FUEL FOR LICENSED EQUIPMENT ....................................................................10
(f) OPTION TO PURCHASE ......... ....... ................. ............. ....... ........ ........ ....... ........... 10
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL
COLLECTION VEHICLES ............ ............ ........... ............. ............... .......... ........... ......... 11
25A-4
12. COLLECTION POINTS AND REQUIREMENTS ........................................................... 11
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERA TIONS................................................................................................................ 12
(a) CITY GOVERNMENT OPERATIONS ................................................................. 12
(b) STREET SWEEPING.............. ......................... ............... ......... .... ........................... 12
(c) NEIGHBORHOOD CLEANUPS .......................................... ................. ................ 12
14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL
REQUIREMENTS ......................................................................................................... 13
(a) CURBSIDE SERVICE ..... .................................... ............... ................... ................. 13
(1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts ....... 13
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts ............... 13
(3) Yard Waste Collection and Recycling Plastic Carts................................... 13
(b) BIN SERVICE......................................................................................................... 13
(c) ROLL-OFF SERVICE............................................................................................. 14
(d) TEMPORARY BIN SERVICE ......................... ................ ...................... ................ 14
(e) P ARKW A Y CLEANUP FOLLOWING GARAGE SALES ...................................14
(f) ALLEY CLEANUP FOLLOWING THE FIRST OF EACH MONTH ...................14
(g) DISPOSAL.. ............ ............. ........................... ........ ......... ............ ................... ......... 14
15. SYSTEM SAVINGS.... ............ .............. .......................... ..... .......... ...... ....... ....................... 15
(a) SAVINGS PAYABLE TO CITY... ........................ ...................... ...... ..................... 15
(b) POSSIBLE ADDITIONAL SAVINGS................................................................... 15
16. CIWMA REPORTING REQUIREMENTS ....................................................................... 15
17. SRRE CONSULTANT ........................................................................................................ 16
11
25A-5
18. PUBLIC EDUCATION SERVICES....... ......... ........... ......... ............. ................ .................. 16
19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE.................................. 17
20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS....................................... 18
21. COLLECTION OF BULKY ITEMS .................................................................................. 18
22. CURBSIDE SERVICE PAYMENTS ................................................................................. 19
23. RESIDENTIAL BIN SERVICE RATES ............................................................................ 19
24. COMMERCIALIINDUSTRIAL BIN SERVICE RATES ................................................. 20
25. ROLL-OFF SERVICE RATES .......................... ............. ...... .............................................. 20
26. COMPENSATION FOR GRANTS .............................. ............... ............... .................. ...... 21
27. ADmSTMENTS TO CHARGES........................................ ......... ........ .................... .......... 21
(a) HAULING AND PROCESSING CHARGES ........................................................ 21
(1) PRICE INDICES ................. ............. ................ .......... .............................. .... 21
(2) CURBSIDE SERVICE.. ...... .................... ......... ................. ................ ........... 21
(3) BIN SERVICE AND ROLL-OFF SERVICE.............................................. 21
(b) GATE FEES ..... ............ .......................................... ......... ......... ......................... ....... 21
(c) SOLID WASTE PROGRAM SURCHARGE ........................................................ 21
(d) ADMINISTRA TNE COST.... .......................... ......... .............. ........................... ......22
28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS .............. 22
29. MINIMUM SERVICE LEVELS - MULTI-FAMILY RESIDENTIAL BUILDINGS...... 22
30. MINIMUM SERVICE LEVELS - COMMERCIALIINDUSTRIAL BIN SERVICE
AND ROLL-OFF SERVICES........... ...................... ...... ......... ........ ..................... .......... 23
31. SERVICE STANDARDS. ........ ............................... ............... ......... .................. ........... ....... 23
32. SUPERVISION.... ........ ........... ............. ........................ ............... ......... ....................... ......... 24
111
25A-6
33. TITLE TO SOLID WASTE................... ....... ...... ........ ............ ................ ....... ..... ........ ..... .... 24
34. F All.,URE TO COLLECT................. .................... .................................. .......... .......... ......... 24
35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT .............................. 25
36. LIQUIDATED DAMAGES ................ ............. ........... ....... ................................. ................ 27
37. USE BY CITY OF CONTRACTOR'S EQUIPMENT ....................................................... 27
38. COMPLAINTS .................................................................................................................... 28
39. COMPENSATION REDUCTION DURING STRIKE PERIOD ...................................... 28
40. FEES AND GRATUITIES .................................................................................................. 29
41. LEGAL RELATIONS AND RESPONSIBILITIES ........................................................... 29
(a) Applicable Laws ........................................ ........... ........... ................ ..... .................... 30
(b) Personnel.................................................................................................................. 30
(c) Permits and Licenses................................................................................................ 30
(d) Workers' Compensation Policy................. ...................... ........... ........ ...................... 30
(e) Public Liability Insurance......................................................................................... 30
(f) Insurance Responsibility for City Owned Solid Waste Collection
and Recycling Vehicles............................................................................................... 31
(g) Indemnification........................................................................................................ 31
(h) Enforcement of Scope of Services ........ ................... ................................ ...... .......... 31
(i) Waivers...................................................................................................................... 32
42. SUBCONTRACTORS AND MANAGEMENT ................................................................ 32
43. ACCOUNTING AND AUDITING ...................... ....... .......... ............. .............. ......... .......... 32
44. BOND........... ...... ................ ............................. ................... .......... ........................... ....... ...... 32
45. MEDIA RELATIONS .................... ......................... .......... ...... ............ .................. ..... ......... 33
IV
25A-7
46. NOTICES .... ................ ........ ............. ........... ....... .......................... ................. ....... ..... ........... 33
47. GENDER AND NUMBER ................ .......... .............. ............... .................. ........ ........... ..... 33
48. VALIDITy..... ..................... ............................ ............................ .......... ............... ........... ..... 33
49. ASSIGNABILITy............. ........... .............. ......... ... ............. .................. ......... .......... ........ .... 34
50. GOVERNWG LAW... ........... ............... ....... ............ ..................... ............. ...... ......... ........... 34
WASTE MANAGEMENT HOLDINGS INC. GUARANTEE
EXHIBIT "A" --- THE LICENSED EQUIPMENT
EXHIBIT "B" ---NOT REQUIRED
EXHIBIT "C" --- RATES
EXHIBIT "D" --- PAYMENT SCHEDULE ON THE C.O.P.S
v
25A-8
THIRD AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTE GENERATED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
This THIRD AMENDED AND RESTATED AGREEMENT, made and entered into
this _ day of , 2005 by and between the City of Santa Ana, a charter city and
municipal corporation duly authorized under the Constitution and laws of the State of California
(referred to herein as "City")," and USA Waste of California Inc., a Delaware corporation dba Waste
Management of Orange County, formally Great Western Reclamation, a division of Waste
Management Collection and Recycling, Inc, a California corporation, hereinafter called,
"CONTRACTOR,"
REC!TAL~
1. The Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989, Division 30 of the California Public Resources Code, commencing with
Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local
agencies to make adequate provisions for Solid Waste handling within their jurisdictions.
2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well
being require that the collection, transportation, and recycling, diversion by means of composting,
mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency
and means of such collection, transportation and recycling, yard waste diversion or disposal, and the
charges and fees therefore, be provided by contract to a qualified contractor.
3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid
Waste collection and handling (the "Original Agreement").
4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in
the best interest of the CITY and the residents therein that the Original Agreement be revised to provide
for Sold Waste collection, recycling and disposal of Curbside Service Units by means of automated
Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts.
5. On June 1, 1996, CITY and CONTRACTOR entered into an agreement entitled "Amended
and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in
the City of Santa Ana" (hereinafter referred to as "Amended Agreement" to effectuate the new
curbside service collection program.
6. On June 19, 1997, CITY and Contractor entered into an Agreement entitled "Second
Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or
Accumulated in the City of Santa Ana" to clarify the responsibilities associated with the collection,
handling, and processing of solid waste collected by Contractor.
1
25A-9
7. Since the execution of the "Second Amended and Restated Agreement for the Collection
and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Second
Amended Agreement"), City and Contractor have worked together to achieve many significant
advancements in environmental stewardship in the City of Santa Ana. In part, due to the joint efforts of
the City and Contractor, the City has been able to consistently comply with the 50% diversion
requirements as imposed by the State of California.
8. Since the execution of the Second Amended Agreement, City and Contractor have
developed new programs to increase recycling and reduce illegal disposal of used oil
9. Since the execution of the Second Amended Agreement, City and Contractor have
developed new programs to reduce illegal dumping and litter throughout the City.
10. Since the execution of the Second Amended Agreement City and Contractor have jointly
concurred to amend the Second Amended Agreement to include the above improved environmental
quality measures.
11. The parties again desire to amend the Second Amended Agreement in its entirety to
incorporate the provisions of previous amendments and to extend the term of the Agreement in
exchange for additional payments. Said additional payments will not affect the rates paid by Santa Ana
customers. City and USA Waste agree that USA Waste will bear the entire cost of these payments to
the City of Santa Ana as consideration for extending the term of the Second Amended Agreement.
The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to
provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and
the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste
diversion, and disposal, and to perform such services on the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and
mutual covenants and promises hereinafter contained and made, and subject to all the terms and
conditions hereof, the parties hereto do hereby agree as follows:
1. GRANT OF CONTRACT:
CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right
and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming,
dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein
defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of
Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to
faithfully perform such contract and obligation.
2. TERM OF CONTRACT:
2
25A-1 0
The term of this Agreement shall begin upon execution of this Agreement and shall extend to
June 30, 2018.
3. DEFINITIONS:
As used in this Agreement, the following words and phrases shall have the meaning assigned in
this section, unless the context at the point of usage clearly requires a different meaning.
(1). Agreement shall mean this Amended and Restated Agreement, including the exhibits
thereto and the documents incorporated herein by reference.
(2). Auditor shall mean the certified public accountant firm retained by City for auditing
servIces.
(3). Bin Service shall mean all Solid Waste collection services provided by CONTRACTOR by
means of front-loaded collection bins of various sizes.
(4). California Integrated Waste Management Act ("CIWMA") shall mean that act codified by
California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto.
(5). California Integrated Waste Management Board shall mean the Board created by the
California Integrated Waste Management Act, and any subsequent modifications thereto, and shall
encompass any other agency which assumes the duties of this Board.
(6). CITY shall mean the City of Santa Ana.
(7). City Attorney shall mean the City Attorney of CITY.
(8). City Council shall mean the City Council of CITY.
(9). City Manager shall mean the City Manager of CITY.
(10). Clerk of the Council shall mean the Clerk of the Council of CITY.
(11). Code shall mean the Municipal Code of CITY, both codified and miscellaneous
ordinances.
(12). Commercia1lIndustrial Bin Service shall mean Bin Service which IS provided by
CONTRACTOR to commercial and/or industrial units.
(13). Commercial Solid Wastes shall mean Solid Waste originating from stores, business
offices, commercial warehouses, hospitals, educational, health care, military and correctional
institutions, non-profit research organizations and government offices.
(14). Compost means the product resulting from the controlled biological decomposition of
3
25A-11
organic wastes that are source separated from the Solid Waste stream.
(15). Composting means a method of waste treatment which produces a product meeting the
definition of "compost" herein.
(16). Compo sting Facility means a state permitted Solid Waste facility at which composting is
conducted and which produces a product meeting the definition of compost.
(17). Construction and Demolition Solid Waste includes Solid Wastes, such as building
materials, and packaging and rubble resulting from construction, remodeling, repair and demolition
operations on streets, pavements, houses, commercial buildings, and other structures.
(18). Contract shall mean this Agreement, entered into between CITY and CONTRACTOR.
(19). CONTRACTOR shall mean USA Waste of California Inc., a California corporation, and
shall also include the parent company Waste Management, Inc.
(20). Curbside Service Unit shall mean each single family residence and duplex unit which
receives curbside collection services provided by CONTRACTOR. This shall include commercial
curbside users and any multi-family, business or professional user which does not require Bin Service
as determined by the Executive Director.
(21). Customer shall mean a user of CONTRACTOR's bin or roll-off container service.
(22). Disposal Site shall mean any licensed landfill site permitted by the California Integrated
Waste Management Board for the receipt and ultimate disposition of Solid Waste.
(23). Executive Director shall mean the Executive Director of Public Works of CITY, or his or
her designate.
(24). Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed of at said
site. Gate Fees are also known as "tipping" fees and "landfill" fees.
(25). Gross Receipts means and includes all revenues actually received by CONTRACTOR
arising from, or attributable to, the services provided by CONTRACTOR to its Customers in the CITY
pursuant to this Agreement. Gross Receipts include Gate Fees as defined herein. Gross Revenue does
not include any revenue received by CONTRACTOR from the sale of Recyclable Solid Waste.
(26). Hauling Charges shall mean those portions of the curbside, bin, roll-off and other rates
provided for in this Agreement which compensate CONTRACTOR for the Solid Waste collection and
transporting services required of CONTRACTOR under this Agreement. The parties have agreed upon
the initial Hauling Charges as set forth hereinafter, and such charges are subject to adjustments as
provided in this Agreement.
(27). Hazardous Wastes are those wastes which, because of their physical or chemical
4
25A-12
characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the
Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill
under the applicable laws and regulations of the State of California.
(28). Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing
facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in
bins and/or roll-off containers.
(29). Licensed Equipment means the Solid Waste collection and Recycling vehicles and Solid
Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to
Section 11 of this Agreement.
(30). Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the
California Integrated Waste Management Board for sorting, separating and processing of Recyclable
Solid Wastes as well as the segregation and transportation of non-Recyclable Solid Wastes to a
Disposal Site.
(31). Permitted Solid Waste Facility means a Solid Waste facility for which there exists a Solid
Waste Facilities Permit issued by the local enforcement agency and concurred in by the California
Waste Management Board.
(32). Person shall include, without limitation, associations, clubs, societies, firms, partnerships,
sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well
as individuals, including the officers of such associations, corporations, etc.
(33). Processing means the reduction, separation, recovery, conversion or Recycling of Solid
Waste.
(34). Processing Charges shall mean those portions of the curbside, bin, roll-off container and
other rates provided for in this Agreement which compensate CONTRACTOR for Processing Solid
Wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated
Materials Recovery Facility or Composting Facility. The parties have agreed upon the initial
Processing Charges, as set forth hereinafter, and such charges are subject to adjustments as provided in
this Agreement. The cost of transporting the residue of the CITY'S Solid Waste stream to a Disposal
Site after Processing the Recyclable Solid Wastes therefrom and the cost of transporting Recyclable
Solid Wastes to their ultimate destination shall be deemed part of this Processing Charge, but the gate
fee charged at said Disposal Site for depositing said Solid Waste residue shall not be included in the
Processing Charge.
(35). Recyclable Solid Waste means and includes those Solid Wastes which may be sorted,
cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable Solid Wastes are
not a separate category of materials, but merely an evolving portion of the entire stream of Solid Waste
generated within the CITY.
(36). Recycling means collecting, sorting, cleansing, treating, Processing and reconstituting
5
25A-13
Recyclable Solid Wastes for the purpose of reuse or sale.
(37). Residential Bin Service shall mean Bin Service which is provided by CONTRACTOR to
any and all residential users which request or require such services pursuant to this Agreement.
(38). Residential Solid Waste means Solid Waste originating from single-family or multiple
family dwellings.
(39). Roll-Off Service shall mean Solid Waste collection from transportable containers of 10
cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and
later removed for collection of contents of said container. Roll-Off Service includes compactors which
may be used with roll-off containers.
(40). Solid Waste shall mean all Solid Wastes, including, but not by way of limitation,
Recyclable Solid Wastes, whether now recyclable or not, generated and/or accumulated by all
residential, commercial and industrial sources, and at all construction and demolition sites within the
CITY excluding that Solid Waste referred to in Section 9(a) herein; provided, however, that Solid
Waste shall not be deemed, for purposes of this Agreement, to include any Hazardous Wastes as
defined hereinabove.
(41). Solid Waste Facility shall include a Composting Facility, Materials Recovery Facility or a
transfer station.
(42) Source Reduction and Recycling Element shall be the CITY'S plan for meeting the
requirements of CIWMA.
(43). Waste Type means identified wastes having the features ofa group or class of wastes that
are distinguishable from any other Waste Type, as identified by the CITY'S Source Reduction and
Recycling Element.
(44). Yard Waste means any wastes generated from the maintenance or alteration of public,
commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree
trimming, brush, weeds and pruning.
(45) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or
organic waste and the composting, mulching, and/or transformation thereof.
4. SCOPE OF SERVICE:
(a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary, except
for those vehicles and equipment which the CITY shall license to CONTRACTOR pursuant to Section
11 herein, for the collection of all Solid Waste originating, generated and/or accumulated by any person
within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, Recycle,
divert by means of compo sting, mulching and/or transforming and/or dispose of said Solid Waste in
compliance with the terms of this Agreement.
6
25A-14
(b) All Solid Waste collected by CONTRACTOR within the CITY shall not be commingled in
equipment and/or vehicles used by CONTRACTOR, whether such equipment and vehicles are owned
by or licensed to CONTRACTOR pursuant to Section 11 herein, with Solid Waste from any other
jurisdiction or person from outside the CITY limits; however, in the event of an emergency vehicle
breakdown, a vehicle from a neighboring jurisdiction may complete the route of the vehicle which
broke down. In this case, the CONTRACTOR must notify the CITY in writing within twenty four (24)
hours of such emergency breakdown and must also provide the CITY with the allocation of tonnages
contained in the vehicle.
5. COLLECTION HOURS:
(a) All collections from residential areas shall be made between the hours of6:00 a.m. and 6:00
p.m. Collections from commercial and industrial locations greater than 100 feet from residential units
may start at 3:00 a.m. and must terminate by 9:00 p.m., however, if complaints are received from such
residential units, the Executive Director may direct that collections in such areas shall be made between
the hours of 6:00 a.m. and 6:00 p.m. and in that event CONTRACTOR agrees to comply with such
order.
(b) Notwithstanding section (a) above, Solid Waste collected pursuant to Section 13 hereto
shall be collected pursuant to the provisions contained therein.
6. HOLIDAYS:
Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall
collect along said route on the work day next following said legal holiday and collection on each day
during said holiday week shall be similarly delayed one day. Legal holidays for the pmpose of this
Agreement shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day and such other days as may be mutually agreed upon in advance by the parties.
7. FREQUENCY OF COLLECTIONS:
The Contractor will collect all Solid Waste from all areas ofthe CITY at least once each week
and in addition will provide more frequent service for those Customers using the Bin Services or Roll-
Off Services supplied by CONTRACTOR if requested by a Customer or if required by the CITY.
Contractor shall provide additional collection services as set forth in Sections 14 (e) and (t).
8. MAINTENANCE OF SCHEDULES:
Presently existing routes, schedules and times for collection of Solid Waste shall be maintained
but may be changed by authorization of the Executive Director and at least one week's advance
notification by CONTRACTOR to occupants of the buildings in the area where the changes are to be
made.
9. EXCLUSIVENESS OF AGREEMENT:
7
25A-15
The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport,
process, Recycle, divert by means of compo sting, mulching, and/or transforming, retain and dispose of
all Solid Waste, as defined in this Agreement, generated and/or accumulated within the CITY, except
as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the
restraints provided in Public Resources Code Sections 49520 et seq.
(a) The grant of exclusiveness shall not include Construction and Demolition Solid Waste
which has accumulated and/or been generated at a temporary construction site and which is being
disposed of in roll-off containers or in bins.
(b) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons
who own the premises upon which solid waste has been generated or accumulated, from personally
collecting, transporting and disposing of their own Solid Waste so long as they dispose of such Solid
Waste at a site permitted by the California Integrated Waste Management Board in accordance with all
governing laws and regulations.
(c) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who
own the premises upon which Solid Waste has generated or accumulated, from: (1) selling their
Recyclable Solid Wastes, or, (2) donating their Recyclable Solid Wastes; provided, however, that in
both instances: (a) the person must, on its premises, personally segregate (by Waste Type) from other
Solid Waste the Recyclable Solid Waste to be sold or donated, and (b) the person may not pay the
buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other
tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid
Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal
service rates of its unsegregated Solid Waste shall not be deemed to be selling or donating Recyclable
Solid Wastes for purposes of this exception.
(d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape
maintenance who has a business license to operate in the CITY from collecting yard waste or other
organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any
yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection
must be transported by the gardener, tree trimmer or person to a compo sting facility permitted by the
California Integrated Waste Management Board in accordance with all laws and regulations.
( e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY
from hauling such Solid Waste over CITY streets, provided such collectors comply with any governing
laws or ordinances.
(f) CONTRACTOR's right to collect and/or dispose of Solid Waste shall not be exclusive in the
event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to
maintain substantially complete regular collection services pursuant to this Agreement and the
collection schedules then in effect, for any reason, including a strike by CONTRACTOR's employees
or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than
CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal
8
25A-16
services from persons other than CONTRACTOR during such periods, including CONTRACTOR's
Bin and/or Roll-Off Service Customers.
(g). CONTRACTOR shall not have the exclusive right to collect and dispose of Solid Waste by
providing Bin and/or Roll-Off Service if the conditions stated in Section 28( c) are applicable.
(h) In exchange for the exclusive rights guaranteed above, CONTRACTOR shall provide to the
City a one million ($1,000,000.00) payment on July 1,2005 with an additional five hundred thousand
($500,000.00) per year to be paid monthly beginning July 1, 2006 and continuing each year until
expiration of this Agreement. The initial $1,000,000 payment will be made by CONTRACTOR upon
execution of this Agreement or on January 1, 2006, whichever occurs later. The additional $500,000
annual payment will be deducted monthly beginning July 1, 2006 on a pro rata basis from the curbside
service payments. However, neither payment will affect the rates that customers are currently paying.
10. SOLID WASTE PROGRAM SURCHARGE:
(a) CONTRACTOR shall pay to the CITY a Solid Waste program surcharge based upon the
Gross Receipts received by CONTRACTOR. This surcharge is now set at an amount equal to 12.8
percent of said Gross Receipts. This amount may be increased by resolution of the City Council and,
whenever said surcharge is increased by resolution of the City Council, CONTRACTOR shall be
permitted to pass through to both its Bin Service and Roll-Off Service Customers one hundred (100%)
percent ofthe amount of such increase.
(b) Invoices submitted to Customers by CONTRACTOR shall not reference the aforementioned
surcharge. Payments to the CITY of said Solid Waste surcharges shall be made to the CITY on a
monthly basis and shall be due and payable on or before the last calendar day of the following month.
Accompanying each payment will be a listing of the Gross Receipts for that corresponding month.
CONTRACTOR shall, whenever requested to do so, make available such records to the Executive
Director at any reasonable time.
(c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above
on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR.
11. AUTOMATED SYSTEM
(a) LICENSE: The CITY grants to the CONTRACTOR an exclusive license to use the Solid
Waste collection and Recycling vehicles and Solid Waste collection and Recycling carts listed on
Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter referred to
collectively as "the Licensed Equipment"), for a period of time coterminous with the term of this
Agreement. This license to use the Licensed Equipment shall not be deemed an equipment lease but,
rather, a personal property license to use the Licensed Equipment pursuant to the specific terms,
covenants, obligations and provisions of this Agreement. CONTRACTOR may not use the Licensed
Equipment for any other purposes or business. This license is personal to the CONTRACTOR and
shall not be assigned. It is the intent of the parties hereto that the Licensed Equipment shall be
sufficient to permit CONTRACTOR to adequately perform its performance obligations under this
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Agreement. If at any time, or from time to time, the Licensed Equipment is not adequate for
CONTRACTOR to meet such obligations, or, the Solid Waste collection and Recycling vehicles
licensed pursuant to this section need to be replaced for any reason, including loss, CONTRACTOR
shall be responsible for providing any and all additional or replacement Solid Waste collection and
Recycling vehicles and any and all additional Solid Waste collection and Recycling carts as may be
necessary for the collection, Recycling and disposal of all Solid Waste for which it is responsible under
this Agreement.
(b) FINANCING: The Licensed Equipment being provided to CONTRACTOR pursuant to
section (a) hereunder is being acquired pursuant to that certain "Installment Purchase Contract" ("IPC")
between the CITY and the California Environmental Finance Corporation ("CEFC") dated June 1,
1996, a copy of which is on file with the Clerk of the Council and which is incorporated herein by this
reference. CONTRACTOR hereby acknowledges the flow of funds and priority of revenues set forth
in Section 3.06 of the IPC, which is further summarized on pages 12 and 13 of the Official Statement
accompanying the issuance of the tax exempt Certificates of Participation ("C.O.P.s") which have been,
or will be, issued by CEFC to raise the funds necessary for it to purchase the Licensed Equipment.
While not required to do so, CEFC has agreed to acquire the Licensed Equipment in accordance with
the competitive bidding procedures set forth in Section 421 of the CITY'S municipal charter. The
CITY agrees to take all necessary action and execute all necessary documents to facilitate the issuance
of the C.O.P.s and to approve an excess proceeds certificate authorizing an excess proceeds prepayment
of the C.O.P.s as provided in Sections 3.11 and 4.01(b) of that certain "Trust Agreement" by and
among the CITY, CEFC and Harris Trust Company of California, a copy of which is on file with the
Clerk of the Council and which is incorporated herein by this reference.
(c) MAINTENANCE OF LICENSED EQUIPMENT: CONTRACTOR shall, at its own
expense, maintain and preserve the Licensed Equipment in good repair and working order at all times
and will operate the Licensed Equipment in an efficient and economical manner and will pay all
maintenance and operation costs of the Licensed Equipment as they become due and payable. On or
before the first day of each fiscal year, CONTRACTOR will prepare a budget setting forth the
estimated maintenance and operation costs of the Licensed Equipment for such fiscal year.
(d) OPERATION OF LICENSED EQUIPMENT: CONTRACTOR shall be fully responsible
to the CITY for the storage, operation, maintenance and management of the Licensed Equipment.
CONTRACTOR shall distribute the Solid Waste collection and Recycling carts (one for Recyclable
Solid Waste, one for Yard Waste and one for non-Recyclable Solid Waste) to each Curbside Service
Unit throughout the CITY. CONTRACTOR will utilize the Licensed Equipment solely to collect,
recycle and/or dispose of Solid Waste generated within the CITY for which it is responsible pursuant to
this Agreement.
(e) FUEL FOR LICENSED EQUIPMENT: All fuel required for the operation of the Licensed
Equipment pursuant to this Agreement shall be purchased by the CONTRACTOR. CONTRACTOR
shall be responsible for the costs of such fuel and all costs associated therewith.
(f) OPTION TO PURCHASE: At such time as the C.O.P.s used to finance the Licensed
Equipment are paid in full or otherwise satisfied or demised, the CONTRACTOR shall have a ninety
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(90) day option during which it may purchase the Licensed Equipment from the CITY for the then fair
market value thereof. Exercise of this option shall be made by written notice from the CONTRACTOR
to the Executive Director. CITY and CONTRACTOR shall, within thirty (30) days after such exercise,
each select a licensed appraiser in the field to determine said fair market value. The appraisers shall
submit their appraisals to both parties within thirty (30) days after their selection, and the average
between their appraised values shall be deemed to be the fair market value. If CONTRACTOR desires
to purchase the Licensed Equipment, it must tender the full fair market value to the CITY within forty
five (45) days after both appraisers have delivered their appraisals. If either appraiser fails to act within
the terms of this option or if either party hereto fails to select an appraiser, the determination of the sole
appraiser shall be binding. The CONTRACTOR shall bear the expense of both appraisers. The CITY
agrees that if CONTRACTOR elects to exercise this option it will, after tender of the full purchase
consideration, do all things proper and necessary to transfer full title, free and clear of all liens and
encumbrances, to the Licensed Equipment to CONTRACTOR or its assignors. Should
CONTRACTOR not exercise this option to purchase the Licensed Equipment then, at the termination
of the license granted herein, CONTRACTOR shall surrender possession of the Licensed Equipment to
CITY in good order and repair to the satisfaction of CITY, normal wear and tear excepted. Proceeds
from the sale of the Licensed Equipment are the property of the City.
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES:
Once the City-owned collection vehicles, as described in Exhibit A and this Section have reached
the end of their useful lives, the CONTRACTOR will provide at its expense, new low-emission
collection vehicle replacements which meet or exceed the emission requirements of all Federal, State
or Local air quality laws or regulations. The CONTRACTOR will begin the process of replacing all
residential and commercial collection vehicles, starting with the oldest trucks in 2006 with the goal
of completing all truck replacements by 2012. All residential collection vehicles will display the
City's recycling logo. The CONTRACTOR will also replace the Solid Waste collection and
Recycling plastic carts as described in Exhibit A with new carts as needed. All replacement vehicles
and carts provided shall be owned and operated by the CONTRACTOR.
12. COLLECTION POINTS AND REQUIREMENTS:
(a) CONTRACTOR shall not be required to collect Solid Waste from any Curbside Service
Unit unless the same is placed on the curb along a public or private street, or along an alley having
street access at both ends, and is placed in Solid Waste collection and Recycling plastic carts provided
to the Curbside Service Unit by CONTRACTOR and is prepared for collection in a manner prescribed
by the CITY'S regulations covering the same. Under no circumstances shall CONTRACTOR be
required to pick up and collect any material or matter which is not Solid Waste as defined in this
Agreement, or to pick up and collect any Solid Waste from Curbside Service Units which does not
comply with the following standards and limitations:
(1) All Solid Waste shall be placed in the Solid Waste collection and Recycling plastic
carts provided by CONTRACTOR to each Curbside Service Unit pursuant to the following:
(a) Non-Recyclable Solid Waste shall be placed in burgundy plastic carts
provided by CONTRACTOR;
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(b) Recyclable Solid Waste shall be placed in grey plastic carts provided by
CONTRACTOR; and,
(c) Yard Waste shall be placed in green plastic carts provided by
CONTRACTOR.
(2) All non-Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste shall be
placed in the appropriate Solid Waste collection and Recycling plastic carts adequate to eliminate
overflow or contamination of surrounding areas. Any non-Recyclable Solid Waste, Recyclable Solid
Waste and/or Yard Waste which is not placed in a Solid Waste plastic cart which has been provided to
the Curbside Service Unit will not be picked up; and,
(3) Large, heavy items, including, without limitation, water heaters, couches, tables,
refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky
items which may be disposed of under the provisions of Section 21.
(b) The aforementioned requirements to place non-Recyclable Solid Waste, Recyclable Solid
Waste and Yard Waste in appropriate Solid Waste collection and Recycling plastic carts shall not apply
to Christmas trees properly placed for collection.
(c) Whenever any Solid Waste that does not comply with the above standards and limitations is
not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject
to the approval of the CITY, indicating the reason for non-collection at such Curbside Service Unit.
Said notice shall also contain the CONTRACTOR's business name and his local telephone number. A
copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY upon request by the
Executive Director and, if the reason for noncollection is not corrected within seven (7) days,
CONTRACTOR shall notify the CITY as to this continued noncollection.
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS:
(a) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all Solid Waste and
Construction and Demolition Solid Waste which is generated by CITY government operations at no
cost to the CITY. The CITY shall provide CONTRACTOR with a list of locations of bins and/or roll-
off containers from which such Solid Waste shall be collected. Said list may be modified by time to
time by the Executive Director. Solid Waste generated by such CITY operations shall be collected by
CONTRACTOR per a schedule provided to CONTRACTOR by the Executive Director which
schedule shall be approved between the CONTRACTOR and the Executive Director.
(b) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director
to ensure that Solid Waste collection is compatible with the CITY'S street sweeping operations.
CONTRACTOR will be required to complete their designated routes each day so as not to interfere
with the CITY'S street sweeping operations.
(c) NEIGHBORHOOD CLEANUPS: The Contractor shall supply rolloff containers for
CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll off containers shall
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not exceed a maximum total number of three hundred (300) containers annually.
Notwithstanding the above, at any time that the CITY determines that the number of collections
and/or the number of roll-off containers provided for in section (c) is not adequately meeting the
CITY'S needs, then the CITY and CONTRACTOR agree to meet and confer regarding these
provisions, and may, by mutual agreement, modify the number of collections and/or roll-off containers.
14. COLLECTION. RECYCLING. YARD WASTE DIVERSION AND DISPOSAL
REQUIREMENTS:
(a) CURBSIDE SERVICE: CONTRACTOR shall provide each Curbside Service Unit within
the CITY with a minimum of three (3) Solid Waste collection and Recycling plastic carts. Any
provision of less than three (3) such plastic carts to any Curbside Service Unit shall be approved by the
Executive Director. Each Solid Waste plastic cart shall be a different color as described in Section 12
above. CONTRACTOR shall be required to collect contents of each Solid Waste plastic cart once per
week and CONTRACTOR shall be required to process the contents of said plastic carts as follows:
(1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts: Contents of
plastic carts containing Solid Waste shall be hauled directly to a legally authorized Disposal Site
pursuant to subsection (e) herein.
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts: The contents of
containers containing Recyclable Solid Waste shall be hauled to a Material Recovery Facility ("MRF"),
which MRF shall be acceptable to the CITY, for Processing and diversion. All Solid Waste transported
to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste
Type in amounts so as to comply with CIWMA and the CITY'S Source Reduction and Recycling
Element ("SRRE"). In the event that the MRF approved by the CITY is not operated by the
CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as
to ensure the CITY'S compliance with CIWMA.
(3) Yard Waste Collection and Recycling Plastic Carts: The contents of the plastic
carts containing Yard Waste will be transported to a Composting Facility which meets all state, federal
and local laws for Yard Waste Diversion and which is acceptable to the CITY. CONTRACTOR shall
be responsible to ensure that the Yard Waste collected by CONTRACTOR is diverted in compliance
with CIWMA and the CITY'S SRRE.
(b) BIN SERVICE: CONTRACTOR shall operate a Recycling program as described herein
for Bin Service. Such Recycling program shall require that CONTRACTOR take the Solid Waste in
bins which have clean "dry" loads to a MRF which is acceptable to the CITY for Processing and
diversion. CONTRACTOR shall guarantee that, at a minimum, fifty (50%) percent of the tonnage of
Solid Waste which is contained in bins and which is determined to have a high recyclable content will
be transported to a MRF. All Solid Waste which is transported to said MRF shall be processed and the
portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with
CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by
the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility
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so as to ensure the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport
directly to a legally authorized Disposal Site those bins which are determined to have limited Recycling
potential due to food or other types of contamination. Any modifications to the above-referenced
percentage shall be approved by the Executive Director and shall be based on the diversion realized.
(c) ROLL-OFF SERVICE: CONTRACTOR shall process all Solid Waste collected from its
Roll-Off Service in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport
all Solid Waste collected by the CONTRACTOR from roll-off service within the CITY boundaries to a
state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable
to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which
is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the
CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the
CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as
to ensure the CITY'S compliance with CIWMA.
(d) TEMPORARY BIN SERVICE: CONTRACTOR shall process all Solid Waste collected
from temporary bins, not including Construction and Demolition Solid Waste, in compliance with the
CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the
CONTRACTOR from temporary bins within the CITY boundaries to a state permitted MRF, as
provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid
Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be
recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event
that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be
responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with
CIWMA.
(e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES: CONTRACTOR shall
provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days
following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in
the parkways after garage sales. CONTRACTOR shall transport all Solid Waste collected by the
CONTRACTOR from Parkway Cleanups within the CITY boundaries to a state permitted MRF' as
provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY.
(t) ALLEY CLEAN-UP FOLLOWING THE 1sT OF EACH MONTH: CONTRACTOR shall
provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days
following the first day of each month and six working days during the third week of the month to
canvas the City neighborhoods in order to remove debris left in alleyways following relocations.
CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Alley Cleanups
within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with,
CIWMA, which MRF shall be acceptable to the CITY.
(g) DISPOSAL: CONTRACTOR shall be required to dispose of any and all Solid Waste
which is not recycled or diverted by means of composting, mulching and/or transforming pursuant to
the terms of this Agreement, at a legally authorized Disposal Site(s) as designated by the CITY. If
CONTRACTOR is directed to dispose of said Solid Waste at a location other than the County of
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Orange's Disposal Sites, both parties agree to meet and confer regarding any potential rate adjustments
which may be necessitated thereby. Should Disposal Sites become unavailable in Orange County at
any time during the term of this Agreement, CONTRACTOR hereby guarantees disposal at another
Disposal Site owned and operated by CONTRACTOR or an affiliate, and both parties agree to meet
and confer regarding any potential rate adjustments which may be necessitated thereby. Additionally,
CONTRACTOR hereby agrees and guarantees to the CITY that the CITY will be indemnified for
CERCLA liability for any Solid Waste collected by the CONTRACTOR in the CITY which is
delivered to CONTRACTOR's landfill.
(h) CONTRACTOR will act as the contracting body and lead agency with the MRF and
Composting Facility with respect to this Agreement and shall be responsible for, and insure that, both
facilities act so as to meet the requirements of both this Agreement and CIWMA.
(i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do
each, every and all things required to ensure that all Solid Waste generated, produced or accumulated in
the CITY which is collected by CONTRACTOR will at all times be in full compliance with all of the
provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect,
indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage,
fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with
such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be
responsible to the extent Solid Waste is generated in the CITY and collected, processed or disposed of,
by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel
approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the
California Integrated Waste Management Board in the event that the diversion quantities contained in
the CITY'S SRRE, or any other requirement of CIWMA, are not met.
15. SYSTEM SAVINGS:
(a) SAVINGS PAYABLE TO CITY: In addition to the surcharge paid pursuant to Section 10
herein, CONTRACTOR has also agreed to pay to the CITY One Million Three Hundred Fifty One
Thousand Five Hundred Dollars ($1,351,500.00) in system savings each year during the term of this
Agreement. Such savings shall be deducted in monthly installments of One Hundred Twelve Thousand
Six Hundred and Twenty Five Dollars ($112,625.00) each from payments made to CONTRACTOR for
curbside service pursuant to Section 22 herein.
(b) POSSIBLE ADDITIONAL SAVINGS: The parties hereto have agreed that any additional
savings which may result from changes in the diversion percentages referred to in Section 14(b) above
shall be split evenly between the CITY and the CONTRACTOR. Such savings shall be the dollar
amount equal to the difference in the CONTRACTOR's per ton cost for Processing and disposal of Bin
Service at a MRF and the per ton cost of disposal at a Disposal Site multiplied by the number of
additional tons taken directly to a Disposal Site. Any such additional savings shall be computed on a
monthly basis and such amounts shall be paid to the CITY by CONTRACTOR on or before the last
calendar day of each subsequent month.
16. CIWMA REPORTING REQUIREMENTS:
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CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by the
CITY, all monthly or annual reports required of the CITY pursuant to the CIWMA. In addition thereto,
within sixty (60) days after the end of each calendar year, the CONTRACTOR shall provide to the
CITY an annual report which: (a) provides a collated summary of all the information contained in the
monthly reports referred to above; (b) provides a narrative description of all public awareness activities
of CONTRACTOR during the past one year which may have impacted Recycling participation; and (c)
provides a discussion of Recycling and source reduction program highlights and difficulties.
CITY may require additional reports from CONTRACTOR should the reports requested, or
submitted, pursuant to this section not satisfactorily fulfill the CITY'S requirements.
17. SRRE CONSULTANT:
(a) CONTRACTOR shall provide consultant services as necessary to modify the CITY'S
SRRE as required by either the County of Orange AB 939 Local Task Force and/or the State of
California. The consultant to perform such services shall be approved by the CITY. Such consultant
services shall be provided upon request by the CITY and shall be subject to final approval of the CITY.
The CONTRACTOR shall be responsible for a maximum cost for such services of twenty thousand
($20,000.00) dollars per fiscal year. Any costs incurred by the CONTRACTOR for services approved
by the CITY which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be the
responsibility of the CITY as provided in section (b) below.
(b) CONTRACTOR shall submit a monthly report showing consultant services performed for
the preceding month. Subject to the approval of the Executive Director, any costs for approved
services which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be made by the CITY
within thirty (30) days of receipt of said report for work satisfactorily performed.
18. PUBLIC EDUCATION SERVICES:
The CONTRACTOR shall be responsible for the provision of public education services as
provided in the CITY'S SRRE. These services shall include, but are not limited to, the following items:
(a) the production and distribution of a pamphlet containing trash regulations and holidays to all
Customers and Curbside Service Units on a yearly basis and to all new service starts at service
initiation;
(b) the production and distribution to all Customers and Curbside Service Units every year of
pamphlets concerning source reduction, Recycling and/or Yard Waste Diversion on an annual basis and
to all new service starts at service initiation;
(c) the performance, as needed, of community presentations on source reduction, Recycling and
Yard Waste Diversion, including the production of all presentation materials;
(d) the provision, as necessary, of technical assistance in the areas of source reduction,
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Recycling and Yard Waste Diversion;
( e) the establishment and maintenance of a telephone hotline to receive calls from the public
and provide information concerning integrated waste management;
(f) cooperation in the production of an integrated waste management video for use by the CITY;
and,
(g) development and management of grants pursuant to the regulations contained in the
CIWMA and/or adopted by the California Integrated Waste Management Board including the
Department of Conservation and other governmental agencies that offer grants related to collection and
recycling services provided under the Agreement In fiscal year 05-06 CONTRACTOR will receive:
$5500 per month for the collection of used oil containers and filters. This includes all
manpower, vehicle, fuel, accounting and administrative costs associated with the collection program.
$75.00 per hour for grant administrator's time to develop and administer the grant programs.
This Section may be reasonably modified from time to time as deemed necessary and
appropriate by the Executive Director, including increased grant compensation paid to Contractor upon
a writing executed by the Executive Director. The CONTRACTOR shall be required to work with the
Executive Director in the preparation and production of the services listed and to proceed in the
rendering of such services as the CITY dictates. Any services required hereunder shall require the
Executor Director's approval prior to the execution thereof.
19. STANDARDS FOR COLLECTION. EQUIPMENT AND NOISE:
(a) Equipment and vehicles used by CONTRACTOR, whether owned by or licensed to
CONTRACTOR, for the collection and hauling of Solid Waste shall be used so as to assure, in the
reasonable opinion of the Executive Director, that adequate standards of collection will be maintained.
All loads in CONTRACTOR's vehicles shall be kept completely covered at all times except when
material is actually being loaded or unloaded or where the vehicles are on route in the process of
collection. The collection equipment must be designed and operated in such a manner as to prevent
Solid Waste from escaping the vehicle. Any spillage of materials which occurs during the collection
process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles
used by the CONTRACTOR pursuant to this Agreement which are not owned by the CITY shall be
registered by CONTRACTOR with the Department of Motor Vehicles of the State of California. The
CONTRACTOR's vehicles and equipment shall be subject to inspection by the CITY.
(b) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety
of sizes of bin and roll-off containers to meet the capacity requirements of commercial and residential
bin and roll-off container users. No material shall be permitted to leak, fall or be spilled on CITY
streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the
area cleaned at the CONTRACTOR's expense. The equipment used must be maintained in good
mechanical condition and must employ adequate safety conditions for the operating personnel.
(c) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or
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equipment shall be used. Employees of the CONTRACTOR who are unnecessarily noisy or who
violate the provisions of the State Motor Vehicle Code and/or any applicable CITY ordinance in the
collection of said materials shall be disciplined pursuant to CONTRACTOR's performance standards.
(d) CONTRACTOR shall equip all Solid Waste collection and Recycling vehicles which
collect Solid Waste within the CITY with informational displays. The CITY shall advise
CONTRACTOR as to the messages which should be displayed while said vehicles are operating for the
CITY. The CITY may, at its option, have the messages to be displayed changed once per year.
20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS:
(a) Bins and roll-off containers provided by CONTRACTOR shall be of a design and size to
contain, at all times, the contents therein in such a manner as to promote best possible housekeeping
conditions. Bins and roll-off containers supplied by the CONTRACTOR shall, at all times, be
maintained by it in a well-kept appearance and shall be marked with reflectorized material where such
bins and/or roll-off containers are or may reasonably be expected to be located in the public right-of-
way. Customers shall be responsible for the cleanliness, sanitation and deodorizing of such bins and
roll-off containers; provided, however, CONTRACTOR shall provide in its agreements with its
Customers for a bin or roll-off container cleaning service, including painting either as needed, at the
request of the Customer or at the request of the CITY, for a fee of twenty five ($25.00) dollars.
(b) Curbside Service Units shall be responsible for the cleanliness and sanitation of the Solid
Waste collection and Recycling plastic carts provided to such units.
(c) CONTRACTOR shall cause to have graffiti removed from bins within two (2) business
days and from roll-off containers within five (5) business days of a request by CITY to do so. Failure
to remove the graffiti within the required two (2) business days for bins and five (5) business days for
roll-off containers, excluding holidays, shall result in the assessment of a two hundred dollar ($200.00)
fine to the CONTRACTOR. CONTRACTOR may charge the user of a bin or roll-off container which
requires such graffiti removal a charge of twenty five ($25.00) dollars per incident.
(d) The Solid Waste collection and Recycling plastic carts receiving curbside service shall be
replaced where found by CONTRACTOR. The CITY reserves the right, upon submission of proof by
the Curbside Service Unit, to withhold sufficient compensation under this Agreement to adjust and pay
any claim for Solid Waste collection and Recycling plastic carts damaged by the willful or careless acts
of the employees of the CONTRACTOR. Repairs and replacement costs for said plastic carts shall be
borne by CONTRACTOR; provided, however, that such repairs and/or replacements costs shall not be
borne by CONTRACTOR when caused by the wanton or intentional destruction thereof by the
Curbside Service Unit. Curbside Service Units shall be billed by CONTRACTOR for replacements
caused by intentional or wanton destruction.
21. COLLECTION OF BULKY ITEMS:
In order to promote public sanitation and reduce fire hazards, CONTRACTOR shall provide to
all Curbside Service Units the service of curbside collection of bulky items such as couches,
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refrigerators, rugs, water heaters, and other items of Solid Waste, which CONTRACTOR is not
required to collect under Section 12 because of size or weight, as follows:
(a) Upon request by a Curbside Service Unit within the CITY, CONTRACTOR shall provide
no more than two at-demand bulky item collections per year per Curbside Service Unit at no additional
cost. Each such Curbside Service Unit is limited to a maximum of four (4) bulky items (or twenty (20)
bags of yard waste) per pick-up request. Such collection services shall provide the opportunity of
having large objects, and other Solid Waste which is not required to be picked up pursuant to this
Agreement, picked up and processed properly. Requests by Curbside Service Units for such collections
shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message
receiving, transmitting and response procedures and who shall be responsible for maintaining a log of
such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a
reasonable time but no more than five (5) working days after such a request is received. Requests for
more than two (2) at-demand collections per year shall cost thirty ($30.00) dollars per collection and
shall be billed to the Curbside Service Unit requesting the additional collection by the
CONTRACTOR.
(b) CONTRACTOR shall provide assistance of removal of bulky items on private property to
senior citizens and the disabled at no cost.
(c) CONTRACTOR shall provide for the collection and recycling of televisions, computer
monitors and computer laptops as part of the Bulky Item collection program.
22. CURBSIDE SERVICE PAYMENTS:
(a) The CONTRACTOR shall establish rates for its provision of curbside services pursuant to
this Agreement. Such rates shall in no case exceed those set forth on Exhibit "C" attached hereto and
incorporated herein by this reference. The City shall collect on behalf of the CONTRACTOR the rates
established by the CONTRACTOR for said services. Rates collected and paid to the CONTRACOTR
shall be based on the total number of Curbside Service Units billed by the CITY for curbside service
during that month. CITY shall make billing records available to CONTRACTOR upon reasonable
notice for the purpose of auditing such records.
(b) Remittance to the CONTRACTOR of payments collected by the CITY for curbside service
shall on a monthly basis.
(c) Payments to be made to the CONTRACTOR shall be reduced each month by an amount
equal to the total monthly payment on the C.O.P.s. A monthly payment schedule of the maximum
amount of monthly payments on the C.O.P.s will be attached as Exhibit "D" once they are issued. The
payments to be made to CONTRACTOR shall not be reduced to the extent of any credits against
installment payments received by the CITY pursuant to Section 4.01 ofthe IPC.
23. RESIDENTIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Bin Service to residential
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bin users by direct billing of the Customers receiving such service by means of separate agreements
entered into between the CONTRACTOR and each Residential Bin Service Customer. A copy of
every such agreement shall be made available to the Executive Director by CONTRACTOR.
(b) Rates for Residential Bin Service, including Gate Fees, Hauling Charges, Processing
Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and
shall not exceed those set forth on Exhibit "C" attached hereto and incorporated herein by reference.
Such rates shall include a one (1 %) percent charge based on Gross Receipts which shall be paid to the
CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last
calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction
approved by the CITY for senior citizen and mobile home park Curbside Service Units.
CONTRACTOR shall make records containing Residential Bin Service available to the Executive
Director at any reasonable time.
24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Bin Service to
commercial/industrial bin users by direct billing of the Customers receiving such service by means of
separate agreements entered into between the CONTRACTOR and each such Bin Service Customer.
A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR.
(b) Rates for Commercia1/Industrial Bin Service, including Gate Fees, Hauling Charges,
Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the
CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. Such rates shall
include a one (1%) percent charge based on Gross Receipts which shall be paid to the CITY by
CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar
day of each month for the previous month. Said charge shall be used to offset a rate reduction approved
by the CITY for senior citizen and mobile home park Curbside Service Units CONTRACTOR shall
make records containing Commercial/Industrial Bin Service available to the Executive Director at any
reasonable time.
25. ROLL-OFF SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Roll-Off Service by direct
billing of the Customers receiving such service by means of separate agreements entered into between
the CONTRACTOR and each such Customer. A copy of every such agreement shall be made available
to the Executive Director by CONTRACTOR. Roll-off Service shall be provided at a minimum of
three (3) dumps per month per Customer.
(b) Rates for Roll-Off Services, including container delivery, collection, hauling and
transportation, shall be established by the CONTRACTOR and shall not exceed those set forth on
Exhibit "C" attached hereto. Such rates shall include a one (1%) percent charge based on Gross
Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be
due and payable on or before the last calendar day of each month for the previous month. Said charge
shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park
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Curbside Service Units. CONTRACTOR shall make records containing Roff-Off Service available to
the Executive Director at any reasonable time.
26. COMPENSATION FOR GRANTS:
CONTRACTOR shall be permitted to obtain compensation in an amount approved by the
Executive Director for the management of grants pursuant to Section 18(g) herein.
27. ADJUSTMENTS TO CHARGES:
(a) HAULING AND PROCESSING CHARGES:
(1) PRICE INDICES: The two indices which will be used for determining adjustments
to Hauling and Processing Charges shall be the December Consumer Price fudex ("CPI") for All Urban
Consumers (base years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by
the United States Department of Labor, Bureau of Labor Statistics and the December Producer Price
fudex ("PPI"), Diesel Fuel #2 (#057303. When both indices are to be used to determine an adjustment
to the Hauling and Processing Charges, then the adjustment formula shall be as follows: the CPI shall
be weighted at ninety (90%) percent and the PPI shall be weighted at ten (10%) percent.
(2) CURBSIDE SERVICE: The Hauling Charges and Processing Charges for
curbside service shall be adjusted annually, using the CPI and PPI adjustment formula set forth in
subsection (a)(l) above without limitation; provided, however, that adjustments permitted to the
Hauling and Processing Charges during this time period shall be calculated at seventy five (75%)
percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum
adjustment per year.
(3) BIN SERVICE AND ROLL-OFF SERVICE: From July 1, 1997 until the
termination of this Agreement, the Hauling and Processing Charges for Bin Service and Roll-Off
Service shall be adjusted in accordance with the CPI and PPI adjustment formula set forth in subsection
(a)(I) above. Adjustments to the Hauling and Processing Charges for Bin Service and Roll-Off Service
shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum
adjustment and a zero 0% percent minimum adjustment per year.
(b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a Disposal Site
occur during the term ofthis Agreement, CONTRACTOR shall be permitted to pass through to both its
Bin Service Customers and its Roll-Off Service Customers and CITY shall pass through to its curbside
service users one hundred (100%) percent of such increase or decrease in the Gate Fees for that portion
of the Solid Waste which is taken to the Disposal Site. CITY shall pass through to CONTRACTOR
such increase or decrease in its curbside service payments to CONTRACTOR. Should a change in
Gate Fees become effective on July 1st of any year, the parties agree to utilize the tonnages from the
previous calendar year to determine the percentage of Solid Waste that is taken to the Disposal Site.
(c) SOLID WASTE PROGRAM SURCHARGE: Should any increase or decrease in the
Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement,
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CONTRACTOR shall be permitted to pass through to both its Bin Service and its Roll-Off Service
Customers the corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste
program surcharge which CONTRACTOR is required to pay pursuant to Sections 10, 23(b) and 24(b)
herein.
(d) ADMINISTRATIVE COST: The Administrative Cost for curbside service shall be
adjusted annually. The Administrative Cost shall be adjusted using the CPI set forth in subsection (a)
(1) above; provided however, that adjustments shall be calculated at one hundred (100%) percent of the
CPI.
28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS:
(a) The CONTRACTOR may enter into agreements with Bin Service Customers for special
collection services different from, in addition to, or greater than the minimum collection services
required by this Agreement. The special fees which CONTRACTOR may charge Bin Service
Customers are set forth on attached Exhibit "C."
(b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from
between buildings, other than the fees permitted as set forth on attached Exhibit "C". Further,
CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse for purposes
of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit "C" shall
require an inspection by the CITY prior to a determination of the charges which may be imposed. The
decision of the Executive Director in respect to these charges shall be final. A brief explanation of each
special service charge must be included on every Customer's billing.
(c) In the event the CONTRACTOR is unable to provide temporary service to any Customer
within five (5) calendar days after receipt of a call by such Customer, the Executive Director may
permit any other licensed hauler to provide temporary service to such Customer if, but only if,
CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable
notification by the Executive Director to CONTRACTOR.
29. MINIMUM SERVICE LEVELS - MUL TI-F AMIL Y RESIDENTIAL BUILDINGS:
(a) CITY shall require that all residential buildings with three or more dwelling units be served
by Bin Service, except that CITY may waive such requirement for any residential buildings with four
(4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units
existing on February 23, 1983, upon a determination that no lawfully usable space is available for such
container within the boundary lines of the subject property. The CONTRACTOR shall provide bin
containers of such capacity and collections of such frequency for residential buildings required to have
Bin Service by this section as to provide for Solid Waste collection of not less than one-half (1/2) of
one (1) yard of Solid Waste collection per dwelling unit per week. In all cases, collections shall be
made at least once per week. CONTRACTOR shall comply with any request by the Executive Director
to change the scheduled collection days for Residential Bin Service Customers, which is designed to
promote conformity of Bin Service collections in any specified area of the CITY to improve sanitation
or reduce noise.
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(b) In the event that Solid Waste being disposed of at a Residential Bin Service building
exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who
shall cause an inspection to be made of the premises. If the Executive Director determines that there is
insufficient bin capacity at said location, he shall cause written notification to be given to the property
owner and/or person in possession of the property. Said notification shall contain the date of the
reported overflow of Solid Waste from the bins. The notice shall also inform the property owner and/or
person in possession of the property that should another incident of overcapacity occur within thirty
(30) days following the date ofthe original incident, the property owner and/or person in possession of
the property will be required to increase the number of bins, the size of the bin, or the frequency of
collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that
this should occur, the Executive Director shall determine whether to increase the number of bins or the
frequency of collections and CONTRACTOR shall furnish such additional services and shall be
entitled to compensation from the Customers to the same extent as if the Customer requested such
additional collections from the CONTRACTOR.
30. MINIMUM SERVICE LEVELS - COMMERCIALIINDUSTRIAL BIN SERVICE AND
ROLL-OFF SERVICES:
City shall require that all commercial and/or industrial units and/or buildings be served by Bin
Service or Roll-Off Service; provided, however, that this requirement may be waived by the Executive
Director. In the event that Solid Waste being disposed of at a commercial/industrial bin or roll-off
container unit exceeds the bin or roll-off container capacity for such building, CONTRACTOR shall
notify the Executive Director who shall cause an inspection to be made of the premises. If the
Executive Director determines that there is insufficient bin or roll-off container capacity at said
location, he shall cause written notification to be given both to the business and the property owner.
Said notification shall contain the date of the reported overflow of Solid Waste from the bin or roll-off
container. The notice shall also inform the business and property owner that should another incident of
overcapacity occur within thirty (30) days following the date of the original incident, the business
and/or property owner will be required to increase the number of bins or roll-off containers, or the
frequency of collections. In the event that this should occur, the Executive Director shall determine
whether to increase the number of bins or roll-off containers, the size of the bin or roll-off container, or
the frequency of collections and CONTRACTOR shall furnish such additional services and shall be
entitled to compensation from such Customers to the same extent as if the Customer requested such
additional collections from the CONTRACTOR.
31. SERVICE STANDARDS:
(a) The CONTRACTOR's office shall be accessible by a local or toll-free telephone number.
The CONTRACTOR's office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. Monday
through Friday and from 8:00 a.m. to noon on Saturdays. CONTRACTOR's offices shall be closed on
Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after
normal business hours, and on Sundays and holidays thus enabling the public to leave a message. The
CONTRACTOR shall have the capability of responding to the public in English and Spanish during
office hours.
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(b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per
month on accounts which have not remitted required payments within 30 days after the date of billing.
Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer
on forms approved by the CITY that services may be discontinued 15 days from the date of the notice if
payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall
resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR
shall provide the CITY with a bi-weekly list indicating the Customers which have had service ceased
due to nonpayment.
32. SUPERVISION:
Performance of each of the provisions of this Agreement shall be under the direction and
supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every
reasonable opportunity of ascertaining whether or not the work is performed in accordance with the
requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and
liaison between its organization and the CITY and shall maintain a telephone and a means for contact at
all times during periods of strike or other emergencies. The Executive Director may inspect the
CONTRACTOR's operations, facilities and equipment at any reasonable time and the CONTRACTOR
shall admit him to make such inspections at any reasonable time and place.
33. TITLE TO SOLID WASTE:
Title to all Solid Waste collected pursuant to this Agreement shall be vested in
CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll-off container for
collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and
otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired
by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that
CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA.
34. FAILURE TO COLLECT:
(a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert
by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with
this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior
written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert
and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its
collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or
independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby
incurred by the CITY.
(b) The CITY may give such notice for any specified individual omission by CONTRACTOR
in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48)
hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for
any reason, including a strike of CONTRACTOR's employees, the notice shall continue in effect with
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respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other
lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted
by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall
be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11
herein and shall be allowed to use, without charge, any of CONTRACTOR's other collection vehicles,
containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem
necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to
this section. The right of the CITY to enter upon and use facilities and equipment as specified herein
shall extend for a period of ninety (90) days.
( c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching
and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement,
CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this
Agreement. In the event of such a material default, the reasonable time for correction pursuant to
Section 35 herein shall be seven (7) days.
35. DEFAULT. DAMAGES AND TERMINATION OF AGREEMENT:
(a) In the event CONTRACTOR defaults in the performance of any of the obligations,
covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any
other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in
writing of the nature of such default.
(b) The Executive Director may, in such written instrument, set a reasonable time within which
correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for
correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If
the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such
notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within
such time as set forth in the notice and shall be required to diligently achieve such correction or remedy
as soon thereafter as possible.
(c) The Executive Director shall review the CONTRACTOR's response to the notice of
deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in
writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be
final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the
City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of
receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings
in accordance with Chapter three ofthe Santa Ana Municipal Code.
(d) In such case, the City Council may set the matter for hearing. The City Clerk shall give
CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council
shall consider the report of the Executive Director indicating the deficiencies, and shall give the
CONTRACTOR a reasonable opportunity to be heard.
(e) Based on the evidence presented at the public hearing, the City Council shall determine by
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Resolution whether this Agreement should be terminated. If, based upon the record, the City Council
determines that the performance of CONTRACTOR is in breach of any material term of this
Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the
City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The
decision of the City Council shall be final and conclusive. CONTRACTOR's performance under the
Agreement is not excused during the period of time prior to the City Council's final determination as to
whether such performance is deficient.
(f) The rights of termination or imposition of liquidated damages, as set forth in Section 36
hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its
obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR's
Agreement or impose liquidated damages in the event of any ofthe following:
(1) If the CONTRACTOR practices, or attempts to practice, any fraud upon the CITY;
(2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or
upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding;
(3) If the CONTRACTOR fails to provide or maintain in full force and effect the
workers' compensation, liability or indemnification coverage as required by this Agreement;
(4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory
body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the
CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good
faith, in which case no breach of this Agreement shall be deemed to have occurred;
(5) If the CONTRACTOR willfully fails to make any payments required under the
Agreement and/or refuses to provide the CITY with required information and/or reports in a timely
manner as provided in this Agreement; or,
(6) Any other act or omission by the CONTRACTOR which materially violates the
terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to
time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or
remedied within the time set in the written notice ofthe violation.
(g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages
and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms
of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable
damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to
enjoin the breach thereof.
(h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged
to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to
cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default,
deposits the amount in controversy into an interest bearing account in a commercial bank or lending
institution and maintains such deposit until such time as a final judicial decision or agreement between
the parties determines the rightful disposition of the said amount in controversy; provided that
CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is
reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR's service of
written notice of default on the CITY.
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36. LIQUIDATED DAMAGES:
(a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution ofthis
Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall
be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this
Agreement. The factors relating to the impracticability of ascertaining damages include, but are not
limited to, the fact that: (i) substantial damage results to members of the public who are denied Solid
Waste collection services or denied quality or reliable collection service; (ii) such breaches cause
inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual
members of the general public for whose benefit this Agreement exists, in subjective ways and in
varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that
the monetary loss resulting from denial of services or denial of quality or reliable services is impossible
to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches,
and other remedies are, at best, a means of future correction and not remedies which make the public
whole for past breaches.
(b) Accordingly, the CITY may, in its discretion but after complying with the notice and
hearing procedures set forth in Section 35, assess liquidated damages of Five Hundred Dollars
($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in
accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual
CPI adjustment computed at one hundred (100%) percent of the CPI for All Urban Consumers (base
years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by the United States
Department of Labor, Bureau of Labor Statistics.
(c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above
described liquidated damages provisions represent a reasonable sum in light of all of the circumstances.
Said liquidated damages sums shall be applicable to each calendar day of delay during which
CONTRACTOR has been found by the CITY to be in default after having been given the proper notice
and hearing set forth in Section 35 of this Agreement. The CONTRACTOR shall pay any liquidated
damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not
paid within the ten (10) day period, the CITY may order the termination of this Agreement.
37. USE BY CITY OF CONTRACTOR'S EQUIPMENT:
Upon cancellation of this Agreement by either party for any reason prior to the end ofthe period
specified herein as the term of this Agreement, the CITY shall take possession and control of all
vehicles and equipment which it has licensed to CONTRACTOR pursuant to Section 11 herein and
CITY shall also have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors
and other items of equipment used by CONTRACTOR in the performance of the work specified in this
Agreement. Further, the City shall have access to the MRF and compo sting facilities used by the
CONTRACTOR for the Processing, Recycling and Yard Waste Diversion of Solid Waste produced or
accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as
specified herein shall extend following the date of cancellation of this Agreement for a period of ninety
(90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section
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shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at
the date of termination.
Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this
section may be withheld by the CITY and used by it for the purpose of paying any outstanding liens or
payments due and unpaid upon the said equipment.
38. COMPLAINTS:
(a) The CITY shall record all complaints and communications received by the CITY from
persons and businesses being served under the provisions of this Agreement and all other incidents of
failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall
be responsible to resolve such complaints within two (2) business days of receipt thereof.
CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which
shall include the complaint, the communication, the date, time, complainant's name and address if
provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be
delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the
right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the
Executive Director within twenty four (24) hours of receipt thereof.
(b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out in the
proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material
from the service recipient within twenty-four (24) hours of the CONTRACTOR's receipt of notification
of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the
following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall
maintain a written record of all calls related to missed pick-ups and the service response provided by
the CONTRACTOR. Such records shall be made available for inspection upon request by the
Executive Director.
39. COMPENSATION REDUCTION DURING STRIKE PERIOD:
In the event that there occurs any period in which CONTRACTOR fails to maintain
substantially complete regular collection services pursuant to this Agreement and the collection
schedules then in effect, by reason of a strike or CONTRACTOR's failure to pay his employees, and
only if such period includes more than ten (10) normal collection days (weekdays), then the following
shall apply.
(a) The City Council may assess damages against the CONTRACTOR in an amount which
does not exceed the sum of the following:
(1) The expenses incurred by the CITY in providing collection, Recycling, Yard Waste
Diversion and/or disposal services pursuant to Section 34; and,
(2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for
curbside service by the CITY from the public is reduced due to any reduction or refund of such fees
granted by the City Council to compensate such fee payers for the inconvenience experienced by them
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due to CONTRACTOR's failure to furnish full performance during such period.
(b) In assessing damages, the City Council shall take into account the CONTRACTOR's efforts
to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR
shall be given credit for Curbside Service Unit collections made by CONTRACTOR by having
damages assessed, subject to the above said maximum, in approximately the same proportion to the
compensation due CONTRACTOR for curbside service during the subject period as the number of
Curbside Service Unit collections which CONTRACTOR failed to make bears to the total number of
Curbside Service Unit collections which should have been made pursuant to this Agreement.
(c) In addition to any other lawful means of effecting recovery of the damages assessed against
CONTRACTOR the amount thereof may be deducted by CITY from money due or which may become
due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR
objects to such assessment or set-off, it shall nevertheless maintain full performance under this
Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages
assessed.
(d) Refunds or reduction of payments of CONTRACTOR's Customers shall be the sole
responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such Customer to
grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the
CONTRACTOR may condition such refunds or reductions or compensatory .service upon the
Customer's filing of a claim for the same with the CONTRACTOR. To the extent Bin or Roll-Off
Service collections are made at CITY'S expense in the absence of CONTRACTOR's performance,
CONTRACTOR shall be liable to CITY for a proportionate amount of the Customers' paymepts due to
the CONTRACTOR.
40. FEES AND GRATUITIES:
CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed
by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity
for the collection of Solid Waste otherwise required to be collected under this Agreement, except such
compensation as is provided for in this Agreement. However, CONTRACTOR may make available to
Bin Service users special services as provided for in Section 28 hereof. CONTRACTOR may make a
direct charge in each instance for such service under a written agreement which shall be subject to the
approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons
requesting such additional services. All such charges shall be collected by CONTRACTOR. Nothing
in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render
services of any kind to any person to the extent such services are not specifically required by the
provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional
services not provided for herein to one or more persons, to offer or render the same services to any
other person or entity.
41. LEGAL RELATIONS AND RESPONSIBILITIES:
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(a) Applicable Laws: CONTRACTOR shall at all times comply with all applicable provisions
of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and
Federal laws and regulations; provided, however, no amendment of the Code shall operate to change
CONTRACTOR's right to decline to pick up and collect any material or matter which is not Solid
Waste as defined in this Agreement or to decline to pick up and collect Solid Waste which does not
comply with the standards and limitations set forth in this Agreement, or otherwise operate to
materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal
laws become effective after the date of execution of this Agreement which require modifications to the
terms hereof, the parties agree to meet and confer regarding any such modifications.
(b) Personnel: No employee of CONTRACTOR shall continue to be employed on any work
under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy.
(c) Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it
by City, County, State and Federal agencies.
(d) Workers' Compensation Policy: CONTRACTOR shall maintain in full force and effect
during the term of this Agreement, a workers' compensation policy in accordance with the provisions
and requirements of the Labor Code of the State of California and such other forms of insurance as
shall be required by law. The policy providing coverage shall provide that the insurance shall not be
suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail has been given to the CITY. Waivers of Subrogation shall be in effect
for any claims asserted against the CITY which arise out of CONTRACTOR's operations and
CONTRACTOR shall have this clause endorsed on their Workers' Compensation policies.
(e) Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the
City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this
Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability
insurance satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees,
as insured or additional insured, which provides coverage for liability for any and all claims and suits
for damages or injuries to persons or property resulting from or arising out of the performance by
CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees
pursuant to Section 1 of this Agreement, of CONTRACTOR's covenants hereunder, or any failure or
omission thereof.
Said policy or policies of insurance shall provide coverage for both bodily injury and property
damage in not less that the following minimum amount: One Hundred Million Dollars
($100,000,000.00) combined single limit and, in addition, Ten Million Dollars ($10,000,000.00) of
Environmental Impairment Liability coverage for bodily injury, property damage and cleanup costs as it
relates to the transportation of Solid Waste. Said insurance shall protect CONTRACTOR and CITY
from any claim for damages for bodily injury, including accidental death, as well as from any claim for
property damage which may arise from operations performed pursuant to this Agreement, whether such
operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Such
policy or policies shall contain severability of interests clauses so that the rights and duties of the CITY
are clearly separate from CONTRACTOR's interests. Said policy or policies shall also contain a
30
25A-38
provision that no termination, cancellation or change of coverage of insured or additional insured shall
be effective until after thirty (30) days prior written notice by certified mail thereof has been given to
CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted.
(f) Insurance Responsibility for CITY Owned Solid Waste Collection and Recycling Vehicles:
This Agreement expressly and absolutely transfers the entire responsibility for any and all damage to
the CITY owned Solid Waste collection and Recycling vehicles, and any and all liability arising out of
the use of such vehicles, directly and completely to CONTRACTOR. This same transfer includes the
requirement that CONTRACTOR has expressly agreed to be contractually, fully and completely
responsible for complying with all of the State of California's Motor Vehicle Insurance laws, rules and
regulations. To be more specific, this includes having CONTRACTOR insure each and every CITY
Solid Waste collection and Recycling vehicle for auto liability and physical damage, including both
collision and comprehensive insurance. The amount of auto liability insurance shall be not less than
One Hundred Million Dollars ($100,000,000.00) combined single limit, covering auto bodily injury
and property damage for owned, non-owned and hired vehicles. Collision and Comprehensive
coverage shall be insured on an actual cash value basis. If the physical damage insurance is insured on
a loss-limit basis, the loss limit shall be equal to or exceed the actual cash value of all of the CITY
Solid Waste collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best
Company with a minimum rating at A VIT. The policy or policies shall contain severability of interest
clauses so that the right and duties of the CITY are clearly separate from CONTRACTOR's interests.
The CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will verify
to CITY that adequate funds are available to pay any liability Self-Insured Retention, collision and
comprehensive deductibles, or other self-insurance plans approved by the CITY. Ninety (90) days or
more of prior notice for material change in coverage, exclusions and conditions or cancellation will be
endorsed onto CONTRACTOR's policies in favor of the CITY. Loss Payee endorsements or similar
clauses will be endorsed onto CONTRACTOR's property insurance policies protecting the CITY'S
Solid Waste collection and Recycling vehicles. Endorsements to all policies with policy declaration
pages will be required. Certificates of Insurance shall be provided prior to receiving insurer policy
endorsements.
(g) Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and
employees, against any and all damages to property or injuries to or death of any person or persons,
including property and employees or agents of CITY and shall defend, indemnify and save harmless
CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any
kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone
whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this
Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or
any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the
performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and
expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary
for its proper protection in the performance of the work. Insurance coverage specified in this
Agreement shall in no way lessen or limit the terms of this indemnification.
(h) Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any
costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school
31
25A-39
and college districts regarding the Solid Waste collection regulations contained herein.
(i) Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on
strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any
term or condition of this Agreement or any performance required thereunder, or any remedy, damage or
other liability arising out of such refusal, neglect or inability to perform at any time.
42. SUBCONTRACTORS AND MANAGEMENT:
(a) The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first
obtaining the consent ofthe City Council.
(b) CONTRACTOR shall designate the person to be in charge of administering this
Agreement. The CITY retains the right to reject said person at any time during the term of this
Agreement upon reasonable grounds. Should the CITY require the replacement of any
person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within
which to designate, with the CITY'S approval, a new person.
(c) The CITY may cancel this Agreement pursuant to Section 35 or in the event ofa breach of
the covenants in subsections (a) and (b) hereinabove.
43. ACCOUNTING AND AUDITING:
(a) The CONTRACTOR shall maintain financial records III accordance with generally
accepted accounting principles.
(b) CONTRACTOR shall make its records, reports, and methods of accounting available to the
CITY'S designated representative during normal business hours to allow the such person to review and
verify the information reported pursuant to this Agreement including, but not limited to, the
information reported pursuant to Section 16 hereof, the information reported pursuant to Sections 22
through 25 including, but not limited to, the tonnages reported therein, and the Gross Receipts reported
pursuant to Section 10 hereof.
( c) CITY shall make its billing records available to CONTRACTOR upon reasonable notice
for the purpose of auditing such records.
44. BOND:
The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and
file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2,000,000.00)
conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its
subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed
by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in
force for the complete term of this Agreement.
32
25A-40
45. MEDIA RELATIONS:
The CONTRACTOR shall notify the CITY by facsimile of all requests for news media
interviews related to the CITY'S Solid Waste collection program within twenty-four (24) hours. Before
responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed
response with the CITY. Copies of draft news releases or proposed trade journal articles shall be
submitted to CITY for prior review and approval at least two (2) working days in advance of release.
Copies of articles resulting from media interviews or news releases shall be provided to the CITY
within five (5) days after publication.
46. NOTICES:
Any notice required by this Agreement shall be sufficiently served if personally delivered or if
deposited into the U.S. Mail, postage prepaid, and if addressed as follows:
If served by CONTRACTOR upon CITY:
Executive Director of Public Works
Public Works Agency
City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, California 92701
If served by CITY upon CONTRACTOR:
David Ross
Senior District Manager
Waste Management
1800 South Grand
Santa Ana, California 92705
With a courtesy copy to:
West Group General Counsel
Waste Management, Inc
7025 N Scottsdale Road, Suite 200,
Scottsdale, AZ 85253
47. GENDER AND NUMBER:
As used herein, the masculine gender shall include the feminine and neuter, and the singular
shall include the plural.
48. VALIDITY:
33
25A-41
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of the other provisions of this Agreement.
49. ASSIGNABILITY:
CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of
performance under this Agreement, whether by assignment or novation, without the prior written
consent of the CITY; provided, however, that claims for money due or to become due to the CITY
under this Agreement may be assigned to a bank, trust company or other financial institution, or to a
trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or
transfer of any rights or interests herein to any other wholly owned subsidiary of Waste Management,
Inc. Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within
seven (7) calendar days of such assignment, merger or transfer.
50. GOVERNINGLAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
hereinabove written.
CITY OF SANTA ANA
ATTEST:
By:
DAVID N. REAM
City Manager
PATRICIA A. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
USA Waste of California, Inc.,
By:
Title:
JAMES G. ROSS
Executive Director, Public Works Agency
34
25A-42
EXHIBIT" A"
The Licensed Equipment
DESCRIPTION
QUANTITY
Volvo FE42T, Class 7 Tractor
23
Rei1 Rapid Rail 32 Cubic Yard Trailer with
Automated Lifting Arm and Packer
23
Volvo WX64 Chassis
2
Rei1 Ra1f-Pak Front Loading Body
2
Residential Wheeled Carts Per the Attached
Specifications
120,000
25A-43
SPECIFICATIONS
Solid Waste collection and Recycling plastic carts ("carts") for curbside service, City of Santa Ana,
California
Description
Size A: 35 gallon
Depth: 23.75 inches maximum (including handles)
Width: 19 inches maximum
Height: 35 inches maximum (to body rim)
Size B: 64 gallon
Depth: 27 inches maximum (including handles)
Width: 24 inches maximum
Height: 39 inches maximum (to body rim)
Size C: 96 gallon
Depth: 34.5 inches maximum (including handles)
Width: 26 inches maximum
Height: 43 inches maximum (to body rim)
All three sizes must be available in green, grey and burgundy.
Technical Requirements
1. Body: Carts shall be injection molded of virgin high density polyethylene plastic. The body
of the cart shall be molded to present a smooth interior and exterior surface. The body ofthe
carts shall have a minimum wear strip under the floor of 12 inch (protecting the floor from
abrasive contact with the street surface).
2. Material: Recyclable polyethylene, UL. approved with a rating ofHB or better.
Average Wall Thickness:
Size A:
Size B:
Size C:
Not less than .140 inch
Not less than .160 inch
Not less than .165 inch
Carts shall be suitable for use in temperature of >1200 F to -20OP. All plastic and
component parts used in the construction of the carts shall be recyclable into other
polyethylene products. Crosslink resin is not acceptable. All carts shall be manufactured
with a minimum of20% post consumer recycle content.
Carts shall be manufactured with a UV stabilizer. The UV stabilizer shall be added in the
solution during the polymerization, prior to pelletizing, compounding and molding.
Independent laboratory tests of the carts bid must accompany bid samples certifying
compliance as specified in part 2 of the detailed specifications.
25A-44
3. Wheels: Two (2) wheels with self-lubricating bearings with a minimum load rating of 120
lbs. per wheel. Wheels shall be attached to the axle via a tamper resistant snap-on method
which contains no metal components. No cotter pins, "Pal nuts" or similar restraining
devices shall be utilized to attach the wheel. All wheels shall be 1.75 inches wide. Wheels
shall be easily removed for replacement with a non-commercially available tool.
Wheel Sizes: Size A:
Size B:
Size C:
8 inches
10 inches
12 inches
4. Axles: Axles shall be solid steel and electro-plated with black zinc for durability and long
life. Carts should be designed in such a way as to prevent the axle from popping out. An
axle, which is only press fitted and not secured in some additional manner will not be
acceptable.
Axle Sizes: Size A:
Size B:
Size C:
5/8 inch
6/8 inch
718 inch
5. Lids: Lids shall be molded of the same material as the cart body and shall be permanently
attached to the cart body with plastic hinge(s). Metal fasteners are not acceptable. Lids
shall be watertight and slightly domed to facilitate run-off of rainwater. The lid shall be
designed to fold over parallel to the back side of the cart when fully opened. Lids shall be
factory assembled.
6. Locking Bar: The semi-automated lifting area shall be integrally molded with the body of
the cart. The locking bar shall be able to rotate a full three-hundred sixty (360) degrees and
shall be constructed of zinc-coated steel to prevent rust and corrosion. Plastic locking bars
are unacceptable.
7. Certification by a certified independent laboratory shall be required of the following
minimum standards and quality assurance measurements:
7.1 Drop Impact Test - material and weight shall be cold soaked at a temperature of not
less than _200 F for 24 hours and dropped within 60 seconds of leaving the cold
chamber. Carts shall remain watertight after a minimum drop height of 15 feet.
Test loads are as follows:
Size A:
Size B:
Size C:
120 lbs. distributed
160 lbs. distributed
180 lbs. distributed
25A-45
7.2 Lift and Dump Test - shall verify the cart's compatibility with approved,
commercially available, standard dumping equipment. Test shall be performed at
room temperature with a cycle time that simulates lift, dump and return of 6
seconds. Carts shall remain watertight and functional beyond 6,000 cycles. Test
loads are as follows:
Size A:
Size B:
Size C:
160 lbs. distributed
250 lbs. distributed
350 lbs. distributed
7.3 Wheel! Axle Test - shall verify the combined durability of the wheels, axle and cart
axle supports under fully loaded conditions. The two cycle tests shall be performed
at room temperature as follows:
Cycle 1 - with a rolling length of 75 feet and a 5" curb drop. Cart shall continue to
roll freely and be watertight after 1,000 drops.
Cycle 2 - repeated with a 5.5" stair drop. Cart shall continue to roll freely and be
watertight after 1,000 drops.
Test loads shall be as follows:
Size A:
Size B:
Size C:
125 lbs. distributed
200 lbs. distributed
350 lbs. distributed
7.4 Salt Spray - ASTM B 117 -90 corrosion tests shall be applied to the lift bracket for a
minimum of 96 hours and to the axle for a minimum of 500 hours. Bracket and axle
shall remain corrosion free.
8. Serial NumberlManufacture Date: Each cart shall be hot stamped with a seven digit, 1-W'
high alpha/numeric identification number on the front ofthe cart. An in-molded year/month
date wheel identification will be located on the bottom ofthe cart.
9. Markings: Each cart lid shall be clearly and permanently marked with the cart's size or
volume capacity.
9.1 Precautionary instructions shall be molded into the lids in English and Spanish as
follows:
Size A:
Cart Capacity 35 Gallons
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 125 pounds.
Do not put anything hot such as ashes in the cart.
25A-46
Size B:
Size C:
Do not put paints, solvents, gasoline, oil, etc. in cart.
Cart Capacity 64 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 200 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
Cart Capacity 96 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 250 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
9.2 The hot stamp text area size shall be as follows:
Size A:
Size B:
Size C:
2Yz" x 14"
3Yz" x 18"
4Yz" x 19"
10. References: Each bid shall include references of communities which have purchased like
sizes and quantities of carts. For each reference, carts shall currently be in service for a
minimum of 2 years.
11. Warranty: Each cart must be covered by a minimum 10 year warranty against materials and
manufacturing defects. The first five years (1 through 5) shall be with full warranty; years 6
through 10 shall be prorated.
25A-47
EXHIBIT "C"
Rates
Effective July 1, 2005
1. CURBSIDE SERVICE
Subject to the provisions of this Agreement, the City shall collect the rate of $14.93 on
behalf of the Contractor for curbside service. This rate represents the CONTRACTOR's
rate of $12.14, the City's administrative cost of $2.48, and the NPDES cost of $.31 per
curbside service unit. The City shall collect the rate of $13.18 on behalf of the
CONTRACTOR for all qualifying senior citizen and mobile park curbside service units.
This rate represents the CONTRACTOR's rate of $12.14, the City's administrative cost of
$0.73, and the NPDES cost of $.31 per curbside service unit. The City shall be permitted to
retain its administrative and NPDES costs. Rates for each additional solid waste collection
and recycling plastic cart shall be no greater than $2.00 per month.
2. RESIDENTIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Residential Bin Service:
1 YARD BIN X l/WEEK
1 YARD BIN X 2/WEEK
1 YARD BIN X 3/WEEK
1 YARD BIN X 4/WEEK
1 YARD BIN X 5/WEEK
1 YARD BIN X 6/WEEK
Monthlv Rate
$73.04
$131.11
$189.15
$247.25
$305.26
$378.34
2 YARD BIN X l/WEEK
2 YARD BIN X 2/WEEK
2 YARD BIN X 3/WEEK
2 YARD BIN X 4/WEEK
2 YARD BIN X 5/WEEK
2 YARD BIN X 6/WEEK
$78.70
$142.44
$206.17
$269.89
$333.63
$397.34
3 YARD BIN X l/WEEK
3 YARD BIN X 2/WEEK
3 YARD BIN X 3/WEEK
3 YARD BIN X 4/WEEK
3 YARD BIN X 5/WEEK
3 YARD BIN X 6/WEEK
$114.30
$198.69
$283.00
$367.45
$451.81
$573.62
4 YARD BIN X 1/WEEK
4 YARD BIN X 2/WEEK
4 YARD BIN X 3/WEEK
4 YARD BIN X 4/WEEK
$134.95
$232.49
$330.01
$427.57
25A-48
4 YARD BIN X 5/WEEK
4 YARD BIN X 6/WEEK
$525.06
$674.94
CONTRACTOR may offer a discount in the Residential Bin rates to a Residential Bin
Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or
Yard Waste by Waste Type in separate bins.
3. COMMERCIALIINDUSTRIAL BIN
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for CommerciallIndustrial Bin Service:
Monthlv Rate
1 YARD BIN Xl/WEEK
1 YARD BIN X 2/WEEK
1 YARD BIN X 3/WEEK
1 YARD BIN X 4/WEEK
1 YARD BIN X 5/WEEK
1 YARD BIN X 6/WEEK
$58.33
$101.64
$145.01
$188.42
$231.74
$290.05
2 YARD BIN X l/WEEK
2 YARD BIN X 2/WEEK
2 YARD BIN X 3/WEEK
2 YARD BIN X 4/WEEK
2 YARD BIN X 5/WEEK
2 YARD BIN X 6/WEEK
$64.23
$113.55
$162.82
$212.07
$261.36
$333.06
3 YARD BIN X l/WEEK
3 YARD BIN X 2/WEEK
3 YARD BIN X 3/WEEK
3 YARD BIN X 4/WEEK
3 YARD BIN X 5/WEEK
3 YARD BIN X 6/WEEK
$92.62
$170.32
$247.96
$325.61
$403.25
$518.29
4 YARD BIN X l/WEEK
4 YARD BIN X 2/WEEK
4 YARD BIN X 3/WEEK
4 YARD BIN X 4/WEEK
4 YARD BIN X 5/WEEK
4 YARD BIN X 6/WEEK
$121.04
$219.55
$318.11
$416.71
$515.26
$666.18
CONTRACTOR may offer a discount in the commercial/industrial bin rates to a
Commercial/Industrial Bin Service Customer if said Customer regularly segregates
Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins.
25A-49
4. ROLL-OFF SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Roll-Off Services:
Container Size
Haul Rate
Additional Fee for Compactor
10 Cubic yard
20 Cubic yard
40 Cubic yard
$179.00
$179.00
$179.00
$37.29
$37.29
$37.29
In addition to the Roll-Off Service rates set forth above, CONTRACTOR may charge the
Roll-Off Service Customer for the actual Gate Fees paid at the Disposal Site or fees charged
at the Materials Recovery Facility.
5. SPECIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Special Bin Services:
(A) A bin which needs to be moved in excess of twenty-five (25) feet in order to be
emptied may be assessed no more than the following fees:
(1) Moving of bins 25 to 50 feet: $1.00 per month times the number of times
emptied each week.
(2) Moving of bins 51 to 75 feet: $2.00 per month times the number of times
emptied each week.
(B) A bin which possesses casters may be assessed a caster charge of no more than
$2.50 per bin per month.
(C) CONTRACTOR may apply a surcharge to bin Customers who use trash compactors
of not to exceed a multiplier of 1.5 times the normal bin rate for said service.
(D) CONTRACTOR may charge a special service charge of no more than $2.00 a
month times the number of times a week a bin is emptied for moving a bin out of an
enclosure.
(E) CONTRACTOR may charge a fee of no more than $54.83 per bin for an additional
bin pickup when such pickup is requested by a Customer.
(F) CONTRACTOR may charge a fee of no more than $2.00 per month to a Customer
who requests a bin with a lock.
25A-50
(G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard Bin Service.
(H) CONTRACTOR may charge a reasonable fee for a plastic injection molded two (2)
cubic yard container.
(I) CONTRACTOR may charge a fee of no more than $61.82 per bin to persons who
need temporary use of a three (3) cubic yard bin.
(J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on
difficult to service streets.
(K) CONTRACTOR may charge a fee of no more than $30.00 per occurrence for
overflowing bins.
6. EMERGENCY SERVICES
(A) The rate per vehicle hour with a two (2) person crew providing emergency Roll-Off
Service on an on-call basis shall be no more than sixty dollars ($60.00) for the term
of this Agreement.
(B) The rate per vehicle hour with a two (2) person crew providing emergency Bin
Services on an on-call basis shall be no more than sixty five dollars ($65.00) for the
term of this Agreement.
25A-51
WASTE MANAGEMENT HOLDINGS INC. (WMH) GUARANTEE
Name of Underlying Contract: Third Amended and Restated Agreement for Collection and
Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana
Date of Underlying Contract: June 19, 1997
Beneficiary: CITY OF SANTA ANA, a municipal corporation of the State of California
Address:
20 Civic Center Plaza, Santa Ana, CA 92701
WMH Contracting Company: USA Waste of California, Inc., a Delaware corporation
TO THE BENEFICIARY IDENTIFIED ABOVE:
With respect to that certain underlying contract identified above (hereinafter the
"Agreement") dated as of the above specified date by and between the WMH Contracting Company
identified above (the "Contractor") and the beneficiary identified above (the "Beneficiary"), and
subject to the terms of this letter agreement (the "Guarantee"), Waste Management Holdings Inc., a
Delaware corporation (hereinafter "WMH"), hereby irrevocably and unconditionally guarantees to
the Beneficiary the performance of all obligations and the due and punctual payment of all amounts
payable by the Contractor to the Beneficiary under the Agreement when the same shall become due
and payable in accordance with the terms of the Agreement. Upon failure of the Contractor
punctually to perform or pay any such amounts, and upon written demand by the Beneficiary to
WMH at its address set forth below (or to such other address or person as WMH may specify in
writing), WMH agrees to perform or cause to be performed and to payor cause to be paid such
amounts.
Notwithstanding the foregoing, WMH's obligations hereunder as to any claim, suit,
proceeding, event or other matter in respect of which the Beneficiary at any time shall be seeking
payment hereunder (referred to herein as "Guarantee Events") shall be subject to the preconditions
that (i) the Beneficiary shall have given written notice of such Guarantee Event to the Contractor
promptly after learning thereof, (ii) in the case of any failure by the Contractor to perform any
obligation under the Agreement, shall have afforded WMH a reasonable opportunity to cure such
failure, and (iii) there shall not have occurred and be continuing any material breach by the
Beneficiary of its obligations under the Agreement.
WMH hereby agrees that, except as expressly provided herein, its obligations hereunder
will be unconditional and will not be discharged except by complete payment or other lawful
discharge (other than by operation of Bankruptcy law) of the amounts due under the Agreement,
irrespective of any claim as to the lack of authority of the Contractor to execute or deliver the
Agreement, the absence of any action to enforce the Agreement, the failure to obtain any judgment
against the Contractor, the failure to commence any action to enforce a judgment against the
Contractor under the Agreement or any similar circumstance which might otherwise constitute a
legal or equitable discharge or defense of a guarantor generally.
25A-52
Except as set forth above, WMH hereby waives diligence, presentment, demand on the
Contractor for payment, filing of claims, requirement of a prior proceeding against the Contractor
and protest or notice, except as provided for in the Agreement with respect to amounts payable by
the Contractor. If at any time payment under the Agreement is rescinded or must be otherwise
restored or returned by the Beneficiary upon the insolvency, bankruptcy, or reorganization of the
Contractor or WMH or otherwise, WMH's obligations hereunder with respect to such payment shall
be reinstated upon such restoration or return being made by the Beneficiary.
WMH represents the Beneficiary as of the date hereof that:
(1) it is duly organized and validly existing under the laws of the jurisdiction of its
incorporation and has full corporate power and legal right to execute and deliver this Guarantee and
to perform the provisions of this Guarantee on its part to be performed;
(2) its execution, delivery, and performance of this Guarantee have been and remain
duly authorized by all necessary corporate action and do not contravene any provision of its
certificate of incorporation or by-laws or any law, regulation, or contractual restriction binding on it
or its assets; and
(3) this Guarantee is its legal, valid and binding obligation enforceable against it in
accordance with its terms except as enforcement hereof may be limited by applicable bankruptcy,
insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights or by
general equity principles.
By accepting this Guarantee and entering into the Agreement, the Beneficiary agrees that
WMH shall be subrogated to rights of the Beneficiary against the Contractor in respect of any
amounts paid by WMHA pursuant to the Guarantee.
WMH acknowledges that the Contractor is a direct or indirect subsidiary of WMH and that
WMH will receive substantial benefit from the performance ofthe Agreement.
Neither this Guarantee nor the Agreement may be amended without the advance written
consent of WMH and the Beneficiary. No amendment shall be effective unless set forth in a
written instrument so executed.
If WMH shall default in the performance of its obligations hereunder, WMH shall pay to
the Beneficiary all costs incurred by the Beneficiary in enforcing its rights hereunder against WMH,
including reasonable attorney fees and court costs.
Any notice or other communication required or permitted by the terms hereof shall be in
writing and shall be given in a commercially reasonable manner to WMH at 1001 Fannin, 40th
Floor, Houston TX 77002, Attention: General Counsel, or to such other address as WMH shall
specify in writing to the Beneficiary at its above-specified address or such other address as the
Beneficiary shall notify to WMH as provided herein.
25A-53
This Guarantee shall be governed by and construed in accordance with the internal laws of
the State of Illinois applicable to contracts made to be performed therein.
The Beneficiary's receipt and acceptance of this Guarantee shall constitute the Beneficiary's
acceptance of and agreement to each and every term hereof.
WASTE MANAGEMENT HOLDINGS, INe. RECENED AND ACCEPTED:
(Beneficiary)
By:
By:
Its:
Its:
25A-54
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT FOR CITY OF SANTA
ANA REGIONAL TRANSPORTATION
CENTER METROLINK EXTENSION
STUDY PROJECT #06-2502
~
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with Parsons Brinckerhoff in
an amount not to exceed $154,000 to conduct the City of Santa Ana
Regional Transportation Center Metrolink Extension Study.
DISCUSSION
On October 14, 2005, the aCTA Board of Directors approved a package of
projects as a substitute for the Centerline Project that would satisfy
the air quality goals established for rapid transit projects. The Board
also approved a five-year program of rapid transit projects using the
existing Metrolink commuter rail corridor as the backbone of the Orange
County's transit system. These Board actions allow cities to develop and
propose feeder systems connecting major destinations or activity centers
on the existing commuter routes within their city limits. These feeder
systems could use buses, trolleys, light-rail, monorails or other systems
best suited to the community.
Approximately $30 million will be available to cities for startup
allocations for Metrolink Extension Planning Studies. The aCTA Call for
Project is scheduled for Spring 2006. To meet the schedule, staff
recommends the services of a professional transportation consultant. The
services are to assist the City with a grant application and to conduct
preplanning studies for the feeder systems.
Staff recommends that the City execute an agreement with Parsons
Brinckerhoff (PB) to provide consultant support services to conduct the
City of Santa Ana Regional Transportation Center Metrolink Extension
Study that will meet the various Federal transit agencies' guidelines.
258-1
RTC Metrolink Extension Study
January 17, 2006
Page 2
Staff did not solicit request for proposals from other firms due to time
constraints to meet the grant application deadline. PB is a nationally
recognized firm for their expertise in conducting similar studies. PB
has provided a strong study team, which is very familiar with the City's
needs. PB's familiarity with the City comes from amending the
Circulation Element of the General Plan and work on the Centerline
proj ect. PB's proposed cost is very competitive. The contract is
estimated at a cost of $140,000 plus a ten percent contingency for a
contract amount not-to-exceed $154,000.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for the contract are available in Transportation System Improvement
Area F Funds (account nos. 33-631-6631 and 35-631-6631, project no. 06-
2502) .
APPROVED AS TO FUNDS AND ACCOUNTS:
~- ~~
~/LMt3 .' /
~~ames G. Ross
~'Executive Director
Public Works Agency
~~~I' ~ ~~~c" ~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
r
i
C:\Temp\Temporary Internet Files\OLK18C\01 17 06 RTC Agreement.doc
258-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT WITH ENVIRONMENT
NOW FOR THORNTON PARK HABITAT
RESTORATION PROJECT AND
APPROPRIATION ADJUSTMENT
()~/(;) a
CITY MANAGER
CONTINUED TO
, . .";\
<
FILE NUMBER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with Environment Now for
the Cienega de las Ranas Habitat Restoration proj ect at Thornton Park
for an amount not to exceed $25,000.
2. Approve an appropriation adjustment recognizing $25,000 in Southern
California Wetlands Recovery Project grant funds in revenue account
(account no. 169-01-5379) and appropriate same to the Southern
California Wetlands Recovery Project expenditure accounts (account nos.
169-269-various) .
DISCUSSION
The Parks, Recreation, and Community Services Agency was successful in
receiving a $25,000 Southern California Wetlands Recovery Project Small
Grants Program grant for the Cienega de las Ranas Habi tat Restoration
Project at Thornton Park. The project is the first of a two-phase project
to restore wetland and riparian habitat at Thornton Park. The proposed
proj ect will reinstate approximately 1.5 acres of habi tat and provide
enhanced recreational and learning opportunities for Santa Ana residents.
FISCAL IMPACT
The appropriation adjustment will enhance the Southern California Wetlands
Recovery Project revenue account (account no. 169-01-5379) and Southern
California Wetlands Recovery Project expenditure accounts (account nos.
169-269-various) by $25,000.
!;:;a~~
Executive Director
Parks, Rec. and Com. Svcs. Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
~1\.t)~~~A\ ~~..
Francisco Gutierrez @~
Executive Director
Finance & Management Svcs. Agenc
25C-1
25C-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
CONTRACT AWARD TO PREPARE THE
SANTA ANA RENAISSANCE SPECIFIC
PLAN AND APPROPRIATION ADJUSTMENT
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
O~,~
CITY MANAGER
CONTINUED TO
~)
.-/
FILE NUMBER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute a contract with Moule &
Polyzoides Architects and Urbanists to prepare the Santa Ana
Renaissance Specific Plan in an amount not to exceed $528,000.
2. Approve appropriation adjustment recognizing $424,000 in the 2005-
2006 FY revenue account for Inclusionary Housing Fees for City Place
(account no. 011-01-5400-1) and appropriating $424,000 to the
Planning and Building Agency 2005-2006 FY budget allocation in the
account for contractual services (account no. 11-505-6291) for
payments to the consultants contracted to prepare the Santa Ana
Renaissance Specific Plan.
DISCUSSION
In June of 2005, the City Council held a one-day workshop to discuss
development related issues and to establish priority focus areas for the
City. The Santa Ana Boulevard Corridor, expanded to include the Downtown
and Logan areas, was identified as one of the top three priority focus
areas. Staff was directed to renew the process to develop a Specific
Plan for the area, which had been placed on hold when the Centerline
project was placed on hold.
The proj ect area encompasses approximately 450 acres and is generally
bounded by Grand Avenue, First Street, Flower Street and Civic Center
Boulevard. The scope of work for the Specific Plan effort includes:
1. Data collection and analysis of the opportunities and constraints
2. Formulation of goals and objectives
3. Develop strategies for economic, land use, housing, urban design,
streetscapes, open space and vehicular and pedestrian circulation
and transit programs
250-1
Contract Award to Prepare the
Santa Ana Renaissance Specific Plan
and Appropriation Adjustment
January 17, 2006
Page 2
4. Develop land use, urban design and streetscape plans
5. Provide economic analysis and infrastructure needs analysis, as
well as financing, development and implementation strategies
6. Develop a form-based code for the project area
7. Conduct the public outreach program
A Request for Proposals was distributed to eight urban design consulting
firms in late October 2005. In response to the Request for Proposals
staff received proposals from three highly-qualified urban design firms;
Moule & Polyzoides Architects and Urbanists, Cal thorpe Associates and
TCB/AECOM. After reviewing the proposals staff, including
representatives from the Planning and Building Agency, Community
Development Agency and Public Works, conducted interviews with each of
the consulting teams. At the conclusion of the interviews, together with
an analysis of the proposals submitted, the staff team determined that
the firm of Moule & Po1yzoides Architects and Urbanists was the one most
qualified to assist in the preparation of the Specific Plan.
Mr. Stefanos Polyzoides, Principal of Moule & Po1yzoides Architects and
Urbanists will lead the project. He has assembled a team of
distinguished local and national consultants who have a proven track
record in successful Specific Plans. Mr. Po1yzoides and his team bring a
perspective on urban planning that balances historical and design issues,
have an extensive experience with the housing market and the development
process, provide a full complement of English/Spanish bilingual staff,
have national recognition in successful Transi t Oriented Design
development, have national leadership in the practice of form-based codes
and provide a design approach that aims to reduce traffic and parking
loads.
Based on the need to address the development potential of the proj ect
area and to improve its aesthetic character, as well as the consultants'
qualifications and experience in preparing Specific plans in mature urban
settings, it is recommended that Moule & Polyzoides Architects and
Urbanists be awarded the contract for this project. The contract will be
broken into two phases, with the phase one, the preparation of the
Specific Plan, being considered first. The total contract amount for the
preparation of the Speci fic plan will not exceed $528, 000. Staff will
return with the contract for the second phase of the project, preparation
of the Environmental Impact Report, at a later date.
250-2
Contract Award to Prepare the
Santa Ana Renaissance Specific Plan
and Appropriation Adjustment
January 17, 2006
Page 3
FISCAL IMPACT
Several recently approved development agreements, including the agreement
for City Place, included a provision for the developer to pay an in-lieu
fee to fund the planning and construction of housing that will meet the
City's obligation to provide a range of housing that satisfies the
Regional Housing Needs Assessment (RHNA). Use of these funds for long-
range planning efforts, such as the Santa Ana Renaissance Specific Plan
is an eligible expenditure.
The recommended appropriation adjustment would recognize $424,000 in the
2005-2006 FY revenue account for Inclusionary Housing Fees for City Place
(account no. 011-01-5400-1) and would appropriate a like amount to the
Planning and Building Agency 2005-2006 FY budget allocation in the
account for contractual services (account no. 11-505-6291) to provide the
majority of funding for this contract. In addition, $100,000 is available
in 2004-05 FY CDBG Funds in the account for Planning General Plan
Amendments (account no. 135-149-6291/Proj. No. 05-7803jW.O. No. 80304).
The required balance of $4,000 is available in the 2005-06 FY Planning
and Building budget allocation in the account for other contractual
services (account no. 11-505-6291). Funding for this contract lS
summarized below:
City Place Inclusionary Housing Fees
CDBG Funds (Project No. 05-7803)
Planning & Building 2005-06 FY Allocation
011-01-5400-1
135-149-6291-80304
11-505-6291
TOTAL:
$424,000
$100,000
$ 4,000
$528,000
APPROVED AS TO FUNDS AND ACCOUNTS:
~eVino
cutlve Dlrector
Planning & Building Agency
~~~\~ ~ ~~A '"- ~
Franclsco Gutlerrez
Executive Director
Finance & Management Services Agency
Q
,/
v ~.. tL/r'di.'c~(f.~_d,)
,ttiLPatricia . Whitaker
} Executive' irector
Community Development Agency
LL:rb
ll\reports\contract award SARSP
250-3
250-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT WITH ORANGE COUNTY
SANITATION DISTRICT FOR
RESTAURANT FATS, OILS AND
GREASE INS ECTION SERVICES
CONTINUED TO
-
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney
the Clerk of the Council
Sanitation District for
services.
to prepare and authorize the City Manager and
to execute an agreement with the Orange County
restaurant fats, oils and grease inspection
DISCUSSION
In October 2004, the City adopted an ordinance amending Chapter 39 of the
Santa Ana Municipal Code to control the discharge of fats, oils and
grease (FOG) from food service establishments to the City's sewer
collection system. In January 2005, the City's Public Works Agency began
implementation of a comprehensive FOG control program. The new FOG
control program includes regular inspections of all food service
establishments to insure compliance with the ordinance. The FOG
ordinance and program are required by the California Regional Water
Quality Control Board (RWQCB) Order No. R8-2002-0014.
All Santa Ana food service establishments are required to implement
Kitchen Best Management Practices (BMPs) to reduce the amount of FOG
discharged to the sewer system. Examples of Kitchen BMPs include
employee training, providing drain screens in sinks, maintaining a waste
grease barrel for proper FOG disposal, and disposing of food waste into
trash bins.
FOG inspections are currently conducted by City staff and a consultant
retained by the City. The Orange County Sanitation District (OCSD) has
negotiated with the Orange County Health Care Agency (OCHCA), on behalf
of 17 cities and sewer agencies, to utilize OCHCA inspectors to conduct
Kitchen BMP screening inspections as part of their routine restaurant
inspection duties. The findings from these screening inspections will be
used by each city to prioritize their FOG control inspection programs.
25E-1
Agreement with Orange County Sanitation District
January 17, 2006
Page 2
The OCHCA inspections are informational only; the City is still
responsible for enforcing all of the FOG Control Program Requirements.
OCSD and OCHCA have reached an agreement for implementation of the
proposed screening inspection program. OCSD will be the lead agency and
will contract directly with OCHCA for the program. OCSD will then
contract individually with each of the 17 agencies to recoup the program
costs for OCHCA.
The total program cost for 2006 is estimated at $260,000. The cost will
be divided amongst OCSD and 17 agencies based upon population or the
actual number of FSE inspections conducted, at OCSD's discretion. Based
upon population, the cost for Santa Ana is estimated to be $51,286 for
2006.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Sanitary Sewer Service Fund (account no. 56-
575-6291) .
V2
APPROVED AS TO FUNDS AND ACCOUNTS:
es G. Ross
ecutive Director
ublic Works Agency
~~~~".} \\ ~~ d
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
AgenC!J@>
JGR/rb/RFCA08/04/03Agree.EECforFogStudy
25E-2
CITY CqUNCIL MEETING DATE:
JANUARY 17, 2006
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
TITLE:
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
RENEW AGREEMENT WITH ARAMARK
CORRECTIONAL SERVICES, INC.
FOR INMATE FOOD SERVICES
~
ITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to renew the service agreement with Aramark
Correctional Services, Inc., to provide inmate food and commissary service
for the Santa Ana Police Department and Jail for an additional one-year
period in an amount not to exceed $1,101,200.
DISCUSSION
In January 2002, Council approved a three-year agreement with Aramark
Correctional Services, Inc., for food services at the Santa Ana Jail. This
food service includes daily meals for all inmates, inmate commissary
service, and operation of the staff cafeteria in the Police Administration
Building. The existing agreement expired in January 2006.
The Police Department staff recommends a one-year renewal of the agreement
with Aramark through January 2007 in an amount not to exceed $1,101,200.
The proposed agreement amount reflects the higher inmate population and an
increase in the rate per meal from $1.939 to $2.00. Under the terms of the
original agreement, the price per meal may be adjusted annually in relation
to the cost of living standards. Staff recommends renewal of the agreement
in order to continue consistency and efficiency in the Police Department's
food services operations.
25F-1
Inmate Food Services
January 17, 2006
Page 2
FISCAL IMPACT
Funds for the first five months of the renewal agreement are available in
the Police Department, Jail Contractual Services Account (account no.
011-349-6291). Funds for the last seven months of the agreement will be
included in the FY 06-07 budget. The payment for commissary service will
be paid from the Inmate Commissary Trust Fund (account no. 98-01-3611-
349), which is derived from inmate deposits.
APPROVED AS TO FUNDS AND ACCOUNTS:
~~
Paul M. Walters
Chief of Police
Police Department
Francisco
Executive
Finance &
'::\~~L':::> \\ ~~,,^-,
Gutierrez cv% ~
Director
Mgmt. Services Agency
25F-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
APPROVED
TITLE:
AGREEMENT FOR PREVENTIVE
MAINTENANCE OF TRANSFER
SWITCHES AND GENERATOR
SWITCHGEAR AT THE POLICE AND
HOLDING F LITIES
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an agreement with Dennis Don Associates
for the preventive maintenance of transfer switches and generator
switchgear at the Police Administrative and Holding Facilities for a one-
year period, with a provision for two one-year extensions, in an annual
amount not to exceed $15,700.
DISCUSSION
The Police Administrative and Holding Facilities are equipped with a state-
of-the art emergency power system, with transfer switches and generator
swi tchgear made by Russell Electric. The preventive maintenance services
provided by Dennis Don Associates are based on recommendations to inspect,
adjust, and calibrate the equipment. The proposed agreement will include
comprehensive yearly preventive maintenance inspections of the transfer
switches and generator switchgear.
FISCAL IMPACT
Funds are available in the Police Department Building and Facilities,
Other Contractual Services account (account no. 011-350-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
(
\ ~ C(v\.-l"
Paul M. Walters
Chief of Police
Police Department
\
(J-
'tf\~.s~\t"\ ~J.~ \\ \.~: Il
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
/"
h
Agency
25G-1
25G-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
LEAGUE OF CALIFORNIA CITIES
ANNUAL DUES
~
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City of Santa Ana's membership with the League of
California Cities in the amount of $53,113.
DISCUSSION
The League of California Cities represents the interests of cities
throughout California. The League monitors state legislative issues and
sponsors training seminars and conferences to educate council members and
staff on legislative and policy matters of interest. The League's
efforts to strengthen the position of local governments resulted in the
successful sponsorship of Proposition 1A which secured constitutional
protection of local revenue sources. The membership dues are determined
on a per capita basis, and the dues for calendar year 2006 are $53,114.
FISCAL IMPACT
Funds are available in the City Manager's Office, Legislative Affairs,
Other Agency Services account (account no. 11-011-6251).
APPROVED AS TO FUNDS AND ACCOUNTS:
'=\~~i-> \\Aft~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
29A-1
29A-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2005
TITLE:
ORANGE COUNTY DIVISION
LEAGUE OF CALIFORNIA
CITIES ANNUAL DUES
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 SI Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City of Santa Ana's membership with the Orange County
Division of the League of California Cities in the amount of $46,503.
DISCUSSION
The Orange County Division of the League of California Cities represents
the interests of cities in Orange County. The Division monitors local and
state legislative issues, educates councilmembers and staff on legislative
and policy matters of interest, and serves as the City Selection Committee
for local appointments on various boards and commissions. The membership
dues are determined on a per capita basis, and the dues for calendar year
2006 are $46,503.
FISCAL IMPACT
Funds for this membership are available in the Council Legislative
account for membership services (account no. 11-011-6251).
APPROVED AS TO FUNDS AND ACCOUNTS:
'=\~~CD ~~::~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
298-1
298-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
RESOLUTION AUTHORIZING
PARTICIPATION IN THE STATE
CALIFORNIA CULTURAL AND
HISTORICAL ENDOWMENT GRANT
PROGRAM("; /;7 1).2 .
CITY MANAGER
OF
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution authorizing the submittal of a grant application to the
California Cultural and Historical Endowment Grant Program for the Birch
Park Historical Restoration project in the amount of $511,450.
DISCUSSION
The California Cultural and Historical Endowment was established under the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Act of 2002 (Proposition 40). The program provides funds for
projects that tell the stories of California as a unified society and of
the many groups of people that together comprise historic and modern
California. Approximately $43 million is available to fund projects
during the current grant cycle.
The Parks, Recreation, and Community Services Agency requests
authorization to submit a grant application in the amount of $511,450 for
the historical restoration of Birch Park. Builtin 1910, Birch Park is
the oldest park in Santa Ana. The proposed proj ect will construct a
replication of the park's historical band stand, a 1,300 square foot
storage building, and provide ancillary parking accommodations. The
popular Santa Ana Band originally used the bandstand in the early 1900's,
and hosted concerts that drew thousands of Santa Ana residents.
FISCAL IMPACT
There is no fiscal impact associated with this ac
&~~f-$
Executive Director
Parks, Rec. and Comm. Svcs. Agency
J mes G. Ross
xecutive Director
Public Works Agency
55A-1
Lss12/20/05
Resolution No. 2006-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING
THE APPLICATION FOR GRANT FUNDS FOR
THE CALIFORNIA CULTURAL AND HISTORICAL
ENDOWMENT GRANT PROGRAM - 2005
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION
ACT OF 2002 FOR THE HISTORICAL RENOVATION
PROJECT AT BIRCH PARK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The people of the State of California have enacted the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, which
provides funds to the State of California for the California Cultural and Historical
Endowment Grant Program; and
B. The California Cultural and Historical Endowment has been delegated the
responsibility for the administration of the Grant Program, setting up necessary
procedures; and
C. Said procedures require the City to certify by resolution the approval of an
application before submission of the application to the California Cultural and Historical
Endowment; and
D. If the City is awarded a grant, the City will enter into an agreement with the
California Cultural and Historical Endowment for the development of the project; and
Section 2. The City Council approves the filing of an application for the
California Cultural and Historical Endowment Grant Program under the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for
grant assistance in the amount of $511 ,450.00 for the Birch Park Historical Renovation
Project; and
Section 3. The City Council certifies that the City has or will have sufficient
funds to operate and maintain the Project, and where applicable, to complete the
Project; and
Resolution No. 2006-
Page 1 of 3
55A-2
Section 4. The City Council certifies that the City has reviewed, understands
and agrees to the general provisions of the grant agreement; and
Section 5. The City Council appoints the City Manager, or the Executive
Director of the Parks, Recreation and Community Services Agency or his designee, as
agent for the City of Santa Ana to conduct all negotiations, execute and submit all
documents, including but not limited to applications, agreements, amendments and
payment requests which may be necessary for the completion of the aforementioned
project.
ADOPTED this
day of
,2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES:
Council members
NOES:
Councilmembers
ABST AI N
Councilmembers
NOT PRESENT
Councilmembers
Resolution No. 2006-
Page 2 of 3
55A-3
CERTIFICATE OF ATTESTATION & ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006 - to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Resolution No. 2006-
Page 3 of 3
Clerk of the Council, City of Santa Ana
55A-4
REQUEST FOR
COUNCIL ACTION
~
~~~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 17, 2006
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2005-03, CONDITIONAL USE
PERMIT NO. 2005-28, VARIANCE NO. 2005-
62 AND SITE PLAN REVIEW NO. 2005-05 TO
AMEND SPECIFIC DEVELOPMENT PLAN NO. 12
TO ALLOW LONG-TERM STAY HOTELS AT 2721
HOTEL TERRACE DRIVE - EXTENDED STAY
AMERICA'(2..LICANr
~!Z-
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
~
FILE NUMBER
RECOMMENDED ACTION
1. Deny Zoning Ordinance Amendment No. 2005-03.
2. Adopt a resolution denying Conditional Use Permit No. 2005-28.
3. Adopt a resolution denying Variance No. 2005-62.
4. Adopt a resolution denying Site Plan Review No. 2005-05.
PLANNING COMMISSION ACTION
On November 28, 2005, the Planning Commission recommended that the City
Council deny Zoning Ordinance Amendment No. 2005-03, adopt a resolution
denying Conditional Use Permit No. 2005-28, and adopt a resolution
denying Variance No. 2005-62 and adopt a resolution denying Site Plan
Review No. 2005-05 by a vote of 6: 0 (De La Torre absent) to amend
Specific Development Plan No. 12 to allow long-term stay business hotels
with a conditional use permit and an Extended Stay America long-term stay
hotel at 2721 Hotel Terrace Drive (Exhibit A) .
After receiving public testimony, the Planning Commission made a policy
decision not to amend Specific Development No. 12 to allow long-term stay
business hotels as a land use. The Commission believed that the emphasis
of Hotel Terrace should not shift towards primarily serving long-term
stay business travelers. Units with kitchens, which cater to extended
stay business clients, were not seen as compatible with a long-term
vision for Hotel Terrace to attract full service hotels to the area that
cater to both business and leisure travelers. Long-term stay business
hotels that meet the City's design standards may be appropriate elsewhere
in the City, but not in Hotel Terrace, the Commission found.
75A-1
ZOA No. 2005-03, CUP No. 2005-28,
VA No. 2005-62 and SPR No. 2005-05
January 17, 2006
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
ay M. Trevino
utive Director
Planning & Building Agency
BA:rb
ba\reports200S\ESAdeniall-17-06cc
75A-2
REQUEST FOR
Planning Commission Action
fti\l-
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
NOVEMBER 28, 2005
TITLE:
PUBLIC HEARING - FILED BY EXTENDED STAY
AMERICA FOR ZONING ORDINANCE AMENDMENT
NO. 2005-03, CONDITIONAL USE PERMIT NO.
2005-28, VARIANCE NO. 2005-62 AND SITE
PLAN REVIEW NO. 2005-05 TO AMEND SPECIFIC
DEVELOPMENT PLAN NO. 12 TO ALLOW LONG-
TERM STAY HOTELS WITH A CONDITIONAL USE
PERMIT
Prepared by Bill Apple
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
~ecutive Director
Planning Manager
RECOMMENDED ACTION
Recommend that the City Council:
1. Deny Zoning Ordinance Amendment No. 2005-03.
2. Adopt a resolution denying Conditional Use Permit No. 2005-28.
3. Adopt a resolution denying Variance No. 2005-62.
4. Adopt a resolution denying Site Plan Review No. 2005-05.
DISCUSSION
Request of Applicant
Extended Stay America (ESA) is requesting approval of a zoning ordinance
amendment to amend the uses permitted within Specific Development Plan
No. 12 (SD-12) to include long-term stay business hotels with a
conditional use permit (CUP). A 15 space parking variance is also being
requested as well as site plan review approval to operate the proposed
long-term stay hotel at 2721 Hotel Terrace Drive. Finally, the
applicant is requesting a deviation from the City's design standards
adopted for long-term stay business hotels.
EXHIBIT A
75A-3
ZOA No. 05-03, CUP No. 05-28,
VA No. 05-62 and SPR No. 05-05
November 28, 2005
Page 2
Property Description
The project site lS 3.2 acres and is located in the City's hotel
district, referred to as Hotel Terrace. The zoning of the property is
Specific Development No. 12 (SD-12), which governs about 22 acres of
land, currently developed with hotel uses. The General Plan designation
for the area is General Commercial (GC) (Exhibits 1 and 2) .
The site is currently occupied by Woolley's Petite Suites Hotel which
was constructed in 1987 and consists of 183 rooms on three levels, with
approximately 78,546 square feet. There are 214 parking spaces
available on the project site; however, 24 of these spaces are shared
with the adjacent Embassy Suites Hotel property to the south.
Surrounding land uses include the Quality Suites Hotel to the north, the
Holiday Inn Hotel to the east, the Embassy Suites Hotel to the south and
the Hampton Inn and Best Western Hotels across Hotel Terrace Drive to
the west. The site is accessible from Hotel Terrace Drive via Grand
Avenue or Dyer Road.
Project Description
Extended Stay America (ESA) is a privately held company that owns and
operates over 670 locations nationwide. The company owns all of its
properties and does not franchise any of its hotel locations. Hotel stays
are primarily geared towards business travelers who are in the area for
job training, on temporary job assignments or who have recently been
transferred. According to ESA, 50 percent of its clientele stay for one
month or more, while 80 percent of client stays are for over two weeks.
Room rates vary from location to location but generally average around
$99.00 per night.
The project will convert the existing Woolley's Petite Suites Hotel into a
long-term stay business hotel for Extended Stay America. No new square
footage will be added to the building. All improvements will be to the
interior of the structure with the exception of new accent stone that will
be added to the base of the porte-cochere and columns on the front
elevation wrapping partially around each side of the building. One new
guest room will be added to the interior of the hotel bringing the total
room count to 184 rooms. The typical room size will be 384 square feet
with each room having its own kitchen. Each kitchen will have its own
sink with disposal, full size refrigerator, microwave, stovetop, toaster
75A-4
ZOA No. 05-03, CUP No. 05-28,
VA No. 05-62 and SPR No. 05-05
November 28, 2005
Page 3
or toaster oven, dry food and utensil storage area, 30 inches of clear
counter work space, and light and ventilation that conforms with current
building code requirements. Each guest room will be pre-wired for cable
television, telephone, voice mail and high speed internet service.
Project amenities include an exterior fountain, a pool and spa, barbeques
and seating area adj acent to the pool, a weight room/training center,
business center (with fax and copy machines, high-speed internet service
and printer), two meeting/conference rooms totaling 2,040 square feet, a
gift shop, and a 575 square foot breakfast area that will serve a free
continental breakfast to guests. Guest laundry facilities will be
provided with six washers and 10 dryers in a new ground floor laundry room
in keeping with the City's design and development standards (Exhibits 3
and 4) .
Analysis of the Issues
In May 2001, the City Council adopted Ordinance No. NS-2471 which
established new hotel regulations citywide. The City's zoning code did
not previously differentiate between hotels catering to long-term stay
business guests and transient/residential hotels. Therefore, the new
ordinance established definitions for hotels, long-term stay business
hotels and transient residential hotels. Further, the ordinance stated
that new extended stay business hotels be allowed only "in limited
circumstances and on a case-by-case basis. II Any new extended stay
business hotels were required to be in an SD and obtain a CUP. In July
2001, the City Council approved Resolution No. 2001-042 which
established design and development standards for each hotel type. The
design and development standards were intended to serve as guidelines
for reviewing new hotels/motels and/or long-term stay business hotel
proj ects. Extended Stay America is proposing to convert the existing
Woolley's Petite Suites Hotel within Hotel Terrace into a long-term stay
business hotel.
Zoning Ordinance Amendment
Currently, SD-12 does not permit long-term stay business hotels as an
allowed use. For the proposed project to move forward, a zoning
ordinance amendment (ZOA) would be required to amend the land uses
permitted within SD-12 to include long-term stay business hotels with a
conditional use permit (Exhibit 5). The zoning ordinance amendment
75A-5
ZOA No. 05-03, CUP No. 05-28,
VA No. 05-62 and SPR No. 05-05
November 28, 2005
Page 4
is the primary action required for the proj ect since all other proposed
zoning actions, which include a conditional use permit (CUP), variance
(VA) and site plan review (SPR) would be unnecessary if the zoning
ordinance amendment were denied. The proposed long-term stay hotel would
not be permitted without an amendment to SD-12.
Long-term stay business hotels by Santa Ana Municipal Code definition are
distinguished from regular hotels in that they provide a kitchen in each
guest room and are designed and operated to primarily accommodate business
travelers whose guest stays vary in general from one week to a month or
more. Any hotel that provides kitchen facilities in the guest rooms and
where less than 25 percent of the rooms are occupied for less than 28 days
in any 60 day period is defined by the S.A.M.C as a long-term stay
business hotel. Long-term stay business hotels must be located within a
specific development (SD) zoning district and require an approved
conditional use permit.
In October 2001, the City Council denied a request to establish a new,
114 room long-term stay business hotel within the Brookhollow Office
Park (SD-8) located across Grand Avenue just east of the proposed
proj ect site. The City Council considered long- term stay hotels to be
at the lower end of the hotel product line and questioned whether a
long-term stay hotel was the highest and best use of property adjacent
to the Newport-Costa Mesa (SR-55) freeway.
The 2001 project differs from the project proposed today in that
Extended Stay America will establish a long-term stay hotel within an
existing hotel building and proposes to keep project amenities that were
offered by the previous hotel. Amenities such as 2,040 square feet of
meeting/ conference room space, an exterior fountain, an exercise room,
pool and spa, barbeques, gift shop, breakfast room and business center
are proposed to remain as project amenities for the life of the long-
term stay hotel.
On November 14, 2005 the Planning Commission held a study session to
discuss long-term stay business hotels and whether they are an
appropriate land use within Hotel Terrace (SD-12). The Planning
Commission commented that the area has tremendous long term potential
and that it may be reluctant to make any land use changes that could
negatively impact the Hotel Terrace area. Long-term stay business
hotels that meet the City's Design and Development Standards were viewed
as a use that may be appropriate in other areas of the City, but not
75A-6
ZOA No. 05-03, CUP No. 05-28,
VA No. 05-62 and SPR No. 05-05
November 28, 2005
Page 5
wi thin Hotel Terrace. The Commission did not wish to encourage lodging
that primarily caters to longer term business travelers. The addition of
full kitchens to hotel rooms was not viewed by the Commission as an
upgrade to the hotel product currently available within Hotel Terrace.
The Commission would like to attract more leisure travelers who are more
likely to support area restaurants and services because they are
vacationing in the area for shorter lengths of time. The proximity of
Hotel Terrace to area beaches, to John Wayne Airport and to tourist
attractions such as Disneyland and Knott's Berry Farm is another reason
why the Commission feels Hotel Terrace should be marketed to vacationers
and leisure travelers visiting the area and not to shift to an emphasis on
long term business travelers.
It remains a goal of the City to attract full service hotels that provide
food service and banquet rooms in conjunction with the hotel. Conference
space, enhanced lobby areas, high ceilings, enhanced architecture and
rooms that open to the interior of the hotel are other amenities
associated with full service hotels. As the proposed zone change would
have the effect of potentially changing the character of the Hotel Terrace
toward a more exclusively long-term stay business oriented traveler and
lodging product, staff recommends that the Commission deny the zoning
ordinance amendment necessary to allow long-term stay business hotels
wi thin SD No. 12. It is also recommended that the Commission deny the
CUP, VA and SPR that would otherwise be required for the project.
A thorough analysis of each discretionary action has been provided below:
Conditional Use Permit
Section 41-54 of the Santa Ana Municipal Code requires that long-term stay
business hotels established in the City after July 1, 2001 be located in a
Specific Plan or Specific Development district and then only as a
conditional use. Long term stay hotels are not currently permitted within
Specific Development No. 12. In order for the project to move forward,
SD-12 would need to be amended to allow long-term stay business hotels
with a conditional use permit.
Based upon the City's desire to provide lodging opportunities that cater
to the business and leisure traveler seeking a full-service hotel
experience, staff recommends that the Commission deny the proposed
conditional use permit that is required for the proposed project.
75A-7
ZOA No. 05-03, CUP No. 05-28,
VA No. 05-62 and SPR No. 05-05
November 28, 2005
Page 6
Variance
The City's parking code for hotel uses requires 205 on-site parking
spaces for the proposed proj ect. Two-hundred fourteen parking spaces
are provided; however, 24 parking spaces are shared with the Embassy
Suites Hotel property directly to the south. A non-exclusive reciprocal
parking and access agreement has been established between the two hotel
sites; however, the agreement can be terminated upon written notice by
ei ther party at any time, eliminating the combined use of these 24
parking spaces. Should this worst case scenario occur, the project site
would be deficient 15 parking spaces.
A parking study, prepared by P&D Consultants (Exhibit 6) looked at the
parking demand for long-term stay business hotels using three separate
methodologies. The study compared the City of Santa Ana's parking
requirements to the cities of Anaheim, Costa Mesa, Huntington Beach,
Irvine, Newport Beach and Yorba Linda. The study also compared the
Institute of Transportation Engineers (ITE) parking generation rates for
long-term stay business hotels to City of Santa Ana parking
requirements, and conducted a field survey of three long-term stay
hotels in Irvine, Anaheim and Newport Beach to determine the ratio of
hotel room occupancy to actual parking demand. Applying each city's
parking criteria to the proposed proj ect, Anaheim would require 147
spaces, Huntington Beach would require 202 spaces, and Newport Beach
would require 92 spaces. The Cities of Irvine and Yorba Linda require
parking studies for proposed hotel uses to determine parking demand and
the City of Costa Mesa counts hotels with kitchens as a residential
unit.
Using the Institute of Transportation Engineers (ITE) methodology, the
average parking rate generation was 0.91 parking spaces per room, which
was based on data collection at 14 hotels throughout the United States.
Applied to the proposed project a total of 168 parking spaces would be
required. This amount of parking is lower than the 190 parking spaces
provided on the project site indicating that there would be enough
parking on the proposed ESA site.
Finally, long-term stay business hotels in the City of Irvine, Newport
Beach and Anaheim were surveyed on October 13, 2005 and October 15, 2005
from 6: 00 a. m. to 12: 00 a. m. to determine the parking demand for each
occupied room. Parking demand was calculated for one weekday and one
weekend day at these three hotels. The average parking rate for the
weekday was 0.81 parking spaces per room and 0.77 spaces per room for
75A-8
ZOA No. 05-03, CUP No. 05-28,
VA No. 05-62 and SPR No. 05-05
November 28, 2005
Page 7
the weekend. Applying the 0.81 ratio to the proposed project, a total
of 149 parking spaces would be required. This amount of parking is
lower than the 190 spaces available on the proposed ESA project site.
Although the findings of the parking study show that there would be
enough parking on the proj ect site to support the 15 space parking
variance, the variance request is only one component of the proposed
project. Because the project is inconsistent with the zoning ordinance
and general plan and thus staff is recommending that the Commission deny
the overall proj ect for reasons previously discussed above, staff is
also recommending that the variance request be denied for the proposed
project.
Site Plan Review
Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by
the Planning Commission of all projects proposed within a specific
development zone to ensure the project is in conformance with the specific
development plan. The proposed project is not in compliance with the
regulations outlined within SD-12 as long-term stay hotels are not
permitted within SD-12. The project would require an amendment to SD-12
to allow long term stay hotels with a conditional use permit. The project
also requires a variance for parking. The project complies with the
City's design standards for long-term stay hotels with the exception of
the four items shown on Table 1:
ISSUE
Setbacks
Lobby Ceiling
Height
Building
Landscaping
Walls/Fences
TABLE 1
NON-COMPLlANCE WITH CITY DESIGN STANDARDS FOR
LONG-TERM STAY BUSINESS HOTELS
CITY DESIGN
STANDARD
20 feet abutting streets
50 % of lobby area to
have 12-foot ceiling
hei ht
5 feet of landscaping
between building and
edestrian walkwa
6-foot decorative wall
along side and rear
ro e lines
PROJECT DESIGN
NOTES
15 - 40 feet
Project design complies with SD-
12 provisions & original project
a roval
Lobby has coffered ceilings.
Lobby area is 1,353 s.f. over twice
the size re uired
Landscape provided in different
configuration
Ceiling height varies from
8'lh to 10 feet as originally
constructed
Pedestrian walkway
adjacent to building then 5
feet of landsca in
No wall along side and
rear property lines
Wall would interfere with existing
mature landscaping
75A-9
ZOA No. 05-03, CUP No. 05-28,
VA No. 05-62 and SPR No. 05-05
November 28
Page 8
Staff is recommending that the Commission deny the site plan review
because the project is not in compliance with the uses allowed within SD-
12, City parking standards and four of the design standards adopted for
long-term stay hotels.
Based upon the above analysis and findings, staff recommends that the
Planning Commission recommend that the City Council deny the proposed
project (Exhibits 7 and 8) .
CEQA Compliance
In accordance with the California Environmental Quality Act, no
Environmental Documentation is required for the proposed proj ect due to
the fact that denial is recommended.
13~~
Bill Apple
Associate Planner
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75A-11
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75A-12
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6
FOR PRESENTATION TO THE CITY OF SANTA ANA
Overview
Extended Stay Hotels provides a quality lodging experience for the growing ranks of
travelers who need services and facilities specifically designed for extended stay travel.
The company targets large corporate customers with multi-location extended stay needs
by proving affordable nightly and weekly rates.
We offer quality modem studio suites featuring separate living, dining and sleeping areas,
generous work space and a fully-equipped kitchen including a stovetop, full size
refrigerator and microwave oven. Properties include conveniences such as free voice mail
and computer data ports, as well as leisure facilities consisting of pools, spas and exercise
rooms.
~ Extended Stay America was acquired in May of 2004 by Blackstone Group
private equity firm.
~ Extended Stay Hotels does not franchise, all hotels are company owned.
~ Owning and managing our hotels allows us to have consistent standards
throughout the chain.
~ Extended Stay Hotels operates extended stay lodging under the names Extended
Stay Deluxe, Extended Stay America, Homestead Studio Suites, StudioPLUS
Deluxe Studios and Crossland Economy Studios in 673 locations across the
United States.
~ Extended Stay Hotels reinvest 3% of annual revenue directly back into the hotels.
~ Extended Stay Hotels is largest owner operator of extended stay hotels in the world.
~ Blackstone Group also owns Prime Hospitality, Boca Resorts and Wyndham
International.
,~i~
Existine Property Profile
Woolley's Petite Suites rooms currently provide a kitchen sink, refrigerator, and eating
utensils as well many of the amenities we provide in our Extended Stay Hotels. The
existing amenities, added features, and $4,000,000 of capital upgrades to remodel all
suites with new carpet, paint, furniture, full size refrigerator, microwave, stovetop,
toaster, coffee maker, sink with a garbage disposer, place settings, cooking and dining
utensils, etc surpasses the general standards currently adopted by the City.
On-Site Amenities
~ Full-size ironing board and iron in every room.
~ Workspace with full computer hookups will be installed.
~ Wireless High Speed Internet access will be available.
~ Free unlimited local phone calls.
~ Private personalize voicemail with remote message retrieval will be provided.
~ The lobby will be remodeled including new carpet, paint, seating, and
wainscoting.
~ A business center will be added to the lobby so the guest can have access to
printers.
~ Two +900 sq ft meeting rooms will be completely updated/remodeled
~ The guest laundry facility will be expanded and relocated to first floor adjacent to
the exercise room for convenience and security.
~ A fully equipped exercise facility will be added.
~ The outdoor pool and spa will continue to be a feature element.
~ The breakfast/sitting area by the pool will be maintained.
~ The gift shop/pantry will be expanded to include toiletries and food items.
~ An interim supply oftoiletries and hygiene items will be provided to guests if
needed.
~ The on site shuttle van service will be expanded to accommodate our guests.
~ We will reconfigure the existing house laundry to add a handicap accessible
bathroom, commercial dishwasher, and expand linen storage.
~ New housekeeping/storage rooms will be added to each floor to reduce the staffs
need to haul all service items from the first floor.
~ A new employee break room with kitchen cabinets, sink, a full size refrigerator,
microwave, table/ seating area, and personal storage cabinets will be constructed.
Competitor Set
ESH hotels are good neighbors and compete head to head nationally every day with the
same hotels that are in the immediate area of Hotel Terrace in Santa Ana, CA.
~ Comfort Inn/Suites is in the immediate vicinity of273 of our 673 hotels (41 %).
~ Hampton Inn/Suites is in the immediate vicinity of 189 of our 673 hotels (28%).
~ Holiday Inn/Express is in the immediate vicinity of 185 of our 673 hotels (28%).
~ Candlewood Suites is in the immediate vicinity of 161 of our 673 hotels (24%).
~ Quality Inn/Suites is in the immediate vicinity of 74 of our 673 hotels (11 %).
Page 2
75A-24
Rates
See page 9 of this document for a competitive survey with ESH projected rates versus
competitor rates.
Customer Profile
In general, Extended Stay Hotels provides solutions for longer term business travel,
relocation, training and temporary job assignments. Every suite has a kitchen so guests
can cook and eat on their own schedule and spend more time relaxing. With Extended
Stay Hotels studio suites the traveler feels at home because of amenities such as high
speed Internet access, personalized voice mail, computer data ports, cable TV, a fitness
facility, a pool, a spa, etc.
General Profile*:
~ Age: 25-44
~ % Men: 63%
~ % Married: 59%
~ % College Educated: 67%
~ Average Household Income: $90,999
~ % White Collar: 78%
~ % Blue Collar: 14%
~ Average, travelers take 15 business trips and 8 leisure trips per year.
~ ESH customers take more business trips (both short and extended stays).
~ ESH Hotels attract a somewhat affluent consumer.
~ ESA and Homestead users are mostly upscale.
~ ESH users also most likely to be male married, and college educated.
Customer Se2mentation:
. Large Companies / Corporations
~ Relocations
~ Consultants
~ Recruitment
~ Training
. Government
~ Civilian
~ Military
~ State / Local Government
. Chain Store Operations
~ Restaurants
~ Clothing
~ Media
~ Homeimprovement
· Contractor / Construction Crews
~ General & Sub
~ Commercial
~ Retail
~ Residential
Page 3
75A-25
. Hospitals / Temporary Medical
. Real Estate Companies
. 3rd Party Relocation companies
. Insurance
~ Displaced Insured
~ Catastrophe teams
~ Claims adjusters
. Sports Teams / Venues
~ Amateur & professional
· Film and Entertainment Industry
. Schools
~ Colleges / Universities
. Airports / Airlines
Trip Profiles*
Key Characteristics:
~ Long business trips
~ 80% are over 2 weeks
~ 50% are one month or more
~ "Work Assignment"
~ "Temporary Housing"
~ 500 - 1000 miles from home
Profile of 7+ Ni2ht Business Trips*
~ Work Assignment: 82%
~ Job Relocation: 2%
~ Training:7%
~ Conference: 7%
~ Other Business: 2%
ESH Partial National Account Client List
ESH I k .th 75<<Yc f h D
1000 d
. I r . I d
current y wor s WI over 00 t e ortune an our partla 1st mc u es:
AAA MCI WorldCom
Accenture Medical Staffing Network
AFL Wireless/ALCOA MESABA Aviation
A1catel Microsoft
Allstate Mitsubishi Motor
ALSTOM Motorola
American Express Travel Mycom North America
American Red Cross Nationwide Insurance
American Stone Company Nestle
Asplundh Tree Services Nike
Be staff Nursing Nokia
Bell South Nortel Networks
75A~26
Best Buy Northrop Grumman
Blue Cross Blue Shield Northwest Airlines
BNSF (Burlington Northern Santa Fe) NOVARTIS
Boeing Nursefinders
Bryan Healthcare Oakland Athletics
Carnival Cruise Lines Oracle
Chevron/Texaco Panasonic
Cisco Systems Parametric Technology
Comcast Parker Hannifin
Computer Science Corporation (CSC) Parson's Engineering
Covansys Perkin Elmer
Cox Communications (see Dent Wizard) Perot Systems/CSRG
Daimler Chrysler PG&E
Data Conversion Corp/Patni Pilot Catastrophe Adjustors
Data Tec Rapidigm
Delphi Raytheon
Department of Defense Red Simpson
Dupont RMH Cable
EDS SAIC
Ericsson Wireless Communications Sat yam
Exxon/Mobil SBC (Southwestern Bell)
FastaffNursing/US Nursing Shell Vacations Club
Federal Express Siemens
FEMA Sikorsky Aircraft Corp.
Ford Sodexho Marriott
Fortney & Weygendt, Inc. Sony
Fry's Electronics Staff Care
Fuji Stone & Webster (The Shaw Group)
GE / GE Capital Sun Microsystems
GE Medical Texas Instruments
General Dynamics Time Warner/AOL
General Motors/GM/GMAC Timec
HCL Technologies T-Mobile
Headstrong (FKA - TechSpan) Tokyo Electron America, Inc.
Hewlett Packard Toyota
Home Depot U.S. Air Force
Honeywell U.S. Army
IBM U.S. Navy
IHOP UNF Railroad Institute
IKON Unilever
Infosys Technologies Ltd. Union Pacific Railroad
Page 5
75A-27
Jacobs Engineering Unisys
JC Penney UPS (Mail Boxes, Etc.)
Johnson Controls Verizon
Keane, Inc. Wal-Mart/Sam's Stores
KLA Tencor Washington Group
Kroger White Rhino
Landry's Seafood Restaurants Wipro
Lockheed Martin Xerox
Louis Berger Group, Inc. Zensar Technologies
Lucent Xerox
MajescoSoftware, Inc. Zensar Technologies
Mayo Clinic
Page 6
75A-28
Existini! ESH Orani!e County LocatIOns
Key # Hotel Name Location
E2 Extended Stay America Orange County - Anaheim Hills
E3 Extended Stay America Orange County - Y orba Linda
E4 Extended Stay America Orange County - Anaheim Convention Center
E5 Extended Stay America Orange County -Katella Avenue
E7 Extended Stay America Orange County - Huntington Beach
E8 Extended Stay America Orange County - John Wayne Airport
EIO Extended Stay America Orange County - Lake Forest
Ell Extended Stay America TemecuIa - Wine Country
HI Homestead Studio Suites Orange County - Brea
H6 Homestead Studio Suites Orange County - Cypress
H9 Homestead Studio Suites Orange County - Irvine Spectrum
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Page 7
75A-29
ESH Interiors Packai!es
As a result of the high priority placed on the continual recapitalize of all assets, ESH has
contracted noted design firms to create new interior and exterior design packages for all ESH
brands. Attached is a small sampling of these interior design concepts.
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* From Copernicus - Marketing, Consulting & Research - Developmental Research Reports
Prepared for The Blackstone Group, 9-21-04
Page 8
75A-30
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75A-31
CHANGES PROPOSED BY APPLICANT
SPECIFIC DEVELOPMENT PLAN #12
SECTION 1 APPLICABILITY OF ORDINANCE
The specific development zoning district for the subject
property, as authorized by Chapter 41, Division 26, Sec. 41-
593 et seq, of the Santa Ana Municipal Code, is specifically
subject to the standards and regulations contained in this
plan for the express purpose of establishing land use
regulations and standards. All other applicable chapters,
articles and sections of the Santa Ana Municipal Code shall
apply unless expressly waived or superseded by this ordinance.
SECTION 2 PURPOSE
The SD #12 specific development plan consisting of standards
and regulations is hereby established for the express purpose
of protecting the health, safety and general welfare of the
people of the City by promoting and enhancing the value of
properties and encouraging orderly development.
SECTION 3 USES PERMITTED
A. The following uses shall be permitted:
1. The refining, processing, testing, treatment or
packaging of raw or pre-processed sugar products and
its by-products, including without limitation, the
refining of raw cane sugar and wet corn millings;
2. Research and/or development facilities;
3. Administrative offices which are subsidiary to and
reasonably necessary for the operation of the above
stated uses;
4. Professional offices, such as, however which may not
be limited to, the following:
a. Accountants
b. Attorneys
c. Dentists, doctors and related professions
d. Engineers, architects, planners
e. Research and development facilities
f5Jr~3~
5. Business offices, such as, however which may not be
limited to, the following:
a. Advertising agencies
b. Banks or other financial offices
c. Escrow and real estate companies
d. Insurance companies
e. Corporate headquarters
f. Photographers, artists, etc.
g. Travel agencies
h. Consulting services
6. Political, civic and charitable organizations;
however, bingo or other gaming activities shall not
be permitted.
7. Restaurants
8. Hotels, motels and the associated retail and service
uses customarily provided with the operation of such
a facility.
9. Retail sales shall be permitted when one or more of
the following criterion is established:
a. The retail sales activities are conducted
within and are harmonious with the unique
architectural environment of a turn-of-the-
century sugar factory.
b. The retail sales activities are incidental to
the primary use of a building principally used
for professional offices.
10. Any use, excepting residential, hospital or clinic
uses, which are unconditionally permitted in the P,
LP, MI or LM Districts which in the determination of
the Planning Commission are harmonious and
compatible with surrounding uses.
11. The following uses shall only be permitted subject
to an approved conditional use permit:
a. Hospitals and Clinics
b. Churches and accessory church building
c. Schools and training facilities
d. Residences
e. Lonq-term stay business hotels
75A~33
SECTION 4 OPERATIONAL STANDARDS
For the refining, processing, testing, treatment or packaging
of raw or pre-processed sugar products and its by-products,
including without limitation, the refining of raw cane sugar
and wet corn millings, the following operational standards
shall apply:
A. Any activity permitted in this district shall be
conducted in a manner creating no nuisance to adjacent
property, such as, but not limited to, vibration, sound,
electromechanical disturbance and radiation, air or water
pollution, dust, emission of odorous, toxic or noxious
matter. All lighting is to be shielded and confined
within property lines.
B. All materials, supplies, products and equipment stored
outside of a building shall be completely screened from
the view of any street or adjacent properties.
C. All loading areas located within one hundred (100) feet
of primary streets shall be visually screened from such
primary streets. On other than primary streets, street
side loading shall be allowed, providing the loading dock
is set back a minimum of seventy (70) feet from the
street right of way line.
D. Railroad trackage shall be allowed on any side but the
street side of a building. If railroad trackage and
loading are located other than at the rear of a building
area, complete screening from the street shall be
provided. This provision shall not apply to improvements
existing prior to the effective date of the ordinance
establishing SD-12 regulations.
For all other uses permitted in the district, the
following operational standards shall apply:
E. All items stored, offered for sale and all business
activities conducted on the premises shall be within a
fully enclosed building except the following:
1. Outdoor cafes
2. Floral Displays
F. Storage of goods shall be limited to those sold at retail
on the promises.
75A,34
G. Any use permitted herein may be prohibited by reason of
noise, odor, dust, electrical interference or adverse
environmental impact on adjacent uses.
SECTION 5 HEIGHT LIMIT
The height of buildings and structures shall be subject to the
provisions and requirements of Height District I of the Santa
Ana Municipal Code.
SECTION 6 SIGNS
All signs shall be subject to approval of a planned sign
program.
A. General Requirements
1. Sign elevations, to indicate overall and
letter/figure dimensions, colors, material, proposed
copy, illumination and/or movement characteristics.
2. Site plan, to include all signs existing or proposed
for site, each identified with a sufficient amount
of information to adequately describe.
3. Building elevations with signs depicted.
B. Sign Design
1. Sign Area - sign area permitted for the aggregate of
all permanent signs shall not exceed 1 sq. ft. of
signage for each lineal foot of building or activity
frontage.
2. Wall Signs
a. Sign area shall not exceed 40% of the signable
area selected. Signable area shall be
calculated by enclosing, with sets of parallel
lines, that portion of a wall, canopy or fa9ade
unbroken by architectural features.
b. Business identification shall be limited to
internally illuminated or non-illuminated
channel letters only.
c. Signs shall be permitted as follows:
75As35
d.
Building Height
Maximum Letter Height
1-3 Stories
4 Stories
5 Stories
6 Stories
7 Stories
8-10 Stories
11-14 Stories
15 Stories or higher
24"
36"
42"
48"
54"
60"
72"
84"
e. For buildings exceeding three stories in
height, principle business or building
identification signs shall be placed on the top
story.
There shall be a maximum of two principle
business or building identification signs per
building.
One illuminated or non-illuminated individual
channel letter tenant business identification
sign, not to exceed 18" in height, shall be
permitted per ground floor entrance.
3. Freestanding Signs
Each development site shall be permitted one
freestanding sign as follows:
Location
Maximum Height
Sign Area
Dyer Road
10'
60
Grand Avenue
10'
60
Corporate Terrace
7'
40
4. The following signs shall not be permitted in the
SD-12 District.
a. Any sign incorporating a display that may be
confusing to motor vehicle operators, such as
"Stop/, "Danger/, "Turn Here/.
b. Any sign incorporating any flashing, moving or
intermittent lighting (excluding public service
signs such as time and temperature displays) .
75&36
c. Any sign which by color, wording, design,
location or illumination resemble or conflict
with any traffic control device or impedes the
safe and efficient flow of traffic.
d. Flags, banners, balloons and pennants,
excepting those of national, state and local
government or other political subdivisions.
e. Portable signs.
f. Any sign incorporating mechanical movement.
g. Any sign which projects above a parapet line or
the highest point of a roof.
h. Advertising statuary.
i. Signs on public property: (street, median
island, sidewalk, parkway, utility poles,
trees, traffic sign post, traffic signal or any
other traffic control device) No person, except
a public officer in performance of his duty
shall affix, by any means, any form of sign,
other than a typical real estate directional
sign, on any public property or within the
public right-of-way. The Zoning Administrator
may authorize the encroachment of a projecting
sign into the public right-of-way after
referral to the Director of Public Works
regarding an encroachment permit.
j. Vehicle signs: Signs on or affixed to trucks,
automobiles, trailers or other vehicles which
advertise, identify or provide direction to a
use or activity, when the vehicle is not
directly related to the lawful making of
deliveries or rendering of services, is
prohibited.
k. Light bulb strings or bare bulb signs: Exterior
displays consisting of unshielded light bulbs,
festoons, and strings of open light bulbs, open
neon or other gaseous tubing are prohibited.
The Zoning Administrator may, however, grant an
exception hereto when it is demonstrated that
the display is an integrated design feature in
character with the activity to which it
relates. Nothing herein shall be considered to
75A~37
prohibit traditional decorative holiday
lighting.
1. Signs installed, relocated or maintained so as
to prevent free ingress to or egress from any
door, window or fire escapes are prohibited.
No sign, except those required by law, shall be
attached to a standpipe or fire escape.
m. Off-premise signs: Any sign, other than a
temporary directional real estate sign,
installed for the purpose of advertising a
project, event, person or subject not directly
related to the business or activity on the
premises upon which said sign is located, is
prohibited.
SECTION 7 LANDSCAPING AND SETBACK REQUIREMENTS
A. Prior to the issuance of building permits, landscape
plans shall be submitted to and approved by the Planning
Division.
B. There shall be a minimum landscaped setback of twenty
feet adjacent to Dyer Road and Grand Avenue.
C. There shall be a minimum landscape setback of 15 feet
adjacent Corporate Terrace.
D. Landscape setback adjacent street frontages shall include
a minimum of one 24" box specimen tree, two understory
tree and three shrubs for each 25 feet of lot frontage.
E. A minimum of three percent (3%) of all land area devoted
to grade level parking shall be developed with and
permanently maintained with landscape planters.
F. Incorporated within that 3% there shall be a minimum of
one 15 gallon tree for each six parking spaces.
G. For structured parking areas with depth landscape
planters, and equal 1 to one half of the overall height
of the structure shall be provided.
H. All landscape areas shall be permanently maintained and
served with an automatically actuated underground
irrigation system.
75A~38
SECTION 8 PARKING REQUIREMENTS
Required parking shall be in conformance with the design
standards of the Santa Ana Municipal Code and in effect at the
time parking facilities are constructed. The actual number of
minimum parking spaces required shall be determined based on
the following standards:
A. For the refining, processing, testing, treatment or
packaging of raw or pre-processed sugar products and its
by-products, including without limitation, the refining
of raw cane sugar and wet corn millings, the following
parking requirements shall apply:
1. One (1) parking space for each employee on the
maximum working shift;
2. One (1) parking space for each two (2) employees
other than those employees on the maximum working
shift;
3. One (1) parking space for each vehicle used in
conjunction with the business or activity operated
on such property;
4. Additional parking spaces as may be required to
insure adequate on-site parking for the vehicles of
employees, guests, clients, salesmen or any other
person which may from time to time be expected to
require access to any permitted use on such
property.
B. For all other uses permitted in the district, parking
requirements shall be in conformance with Section 41-613
through Section 41-618 inclusive, with the exception that
parking lot landscaping requirements may be modified in
accordance with an approved landscape plan.
75~9
LONG-TERM STAY HOTEL
PARKING STUDY
SANT A ANA, CALIFORNIA
November 10, 2005
Prepared for:
City of Santa Ana
Planning and Building Agency
20 Civic Center Plaza, M-20
Santa Ana, CA 920702
Prepared by:
TCB
P&D Consultants
999 Town & Country Road, 4th Floor
Orange, CA 92868
Contact: Mark Nelson, P.E.
Principal
(714) 835-4447
~~~lfo
Lonf!-Term Stay Hotel
Draft Parking Study
TABLE OF CONTENTS
Section
Pa2e
1.0 INTR OD U CTI 0 N ............. .... ......... ..... .......... ........... ............. ............. ............ ......... ......1
1.1 Project Description...... ..... ............... ................. .............................................. ...... 1
1.2 Purpose and Scope of Study......... ............. ................. .......... ...... ..........................1
2.0 ME THO DO LOGy................. ........... ................. ...... ................. ................. .......... ......... 4
2.1 Parking Counts............... ......... ...... ............... ...... .............. ................ ................. ...4
2.2 Parking Demand Forecast ........ .................... ....................... ............... .., ...............4
2.2.1 City Zoning Ordinance Methodology .......................................................4
2.2.2 ITE Parking Generation Methodology ......................................................4
2.2.3 Telephone Survey Methodology ............... ................................................4
2.2.4 Parking Occupancy Methodology.......... .... ............ .................. ......... ........ 5
3.0 EXIS TIN G CO ND ITI 0 NS .......... ...... ........ ................ ........ ........ ......... ............... ...........6
3.1 Existing Parking Supply...... ...... ....... .............. .......... ................. ............. ..... .........6
3.2 Existing Parking Demand. ............ ........... ............ ............ ...... ...............................6
3.3 Parking Analysis......... ................... ................................... ................... ........ ........6
4.0 FUTURE PARKING ANAL ySIS................................................................................. 8
4.1 Future Parking Supply.................... ............ ........ .................................. ......... ....... 8
4.2 Future Parking Demand ........ ........ ................................................ ........ ........ ....... 8
4.2.1 City Zoning Ordinance Parking Demand ..................................................8
4.2.2 ITE Parking Generation Parking Demand.................................................9
4.2.3 Telephone Survey Parking Demand........ ............ ........ ........ ......................9
4.2.4 Parking Occupancy Parking Demand......................................................10
4.3 Parking Analysis. ................................ ................ ........ ............................ ........... 10
5.0 FIND IN GS ...... ....... ................ ...... ........ ............ ........ ..................... ...... ........... ..... ........ 12
APPENDIX
A.
Parking Counts
Page i
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75A-41
Lonff-Term Stav Hotel
Draft Parkin}! Study
Table
3.2-1
3.3-1
3.3-2
4.2-1
4.2-2
4.2-3
4.3-1
Fieure
1.1-1
1.1-2
LIST OF TABLES
Paee
Peak Parking Demand - Existing Conditions......................... .... .... ........................ .... ...... 6
Occupied Rooms - Existing Conditions ............ ............. ....... ................ .... .... ............ ......7
Parking Rate per Occupied Room - Existing Conditions .................................................7
Parking Requirements - City of Santa Ana Municipal Code............................................8
Parking Rates - Assorted Cities................... ..... .................... ................................ ...........9
Parking Requirements - Assorted Cities....................................... ............. ....................10
Parking Analysis........... ........................ ..................... ................. ....... ...........................11
LIST OF FIGURES
Paee
Regional Location Map...................................... ...................................................... ....... 2
Project Site Plan........................................................ .................... ............................ ...... 3
TCB
Page ii
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Long-Term Stav Hotel
Draft Parking Studv
1.0 INTRODUCTION
This report summarizes the assumptions, methodologies, findings and recommendations of the
parking study completed for the proposed Extended Stay America (ESA) hotel in the City of
Santa Ana. The study examined the parking demand and supply for three existing hotels and
estimated the future parking demand at the proposed hotel based on four different
methodologies.
1.1 Project Description
The project site is located just off State Route (SR) 55 approximately two miles south of the
Interstate-5 (1-5) and SR 55 interchange and approximately two miles north of the 1-405 and SR
55 interchange as shown on Figure 1.1-1. The proposed project consists of converting an
existing Woolley's Petite Suites into an ESA hotel. The hotel will be located in the City of Santa
Ana's Hotel Terrace district in the southeast portion of the City of Santa Ana. The Hotel Terrace
district is located approximately two miles north of John Wayne Airport.
The ESA hotel chain directs its services towards guests who intend to stay over long periods of
time by providing full kitchens that include refrigerators, cook top ranges, sinks, coffee makers,
toasters, etc..., and on-site laundry facilities. The proposed ESA hotel will consist of 184 rooms
with 2,040 square feet (SF) dedicated as a conference/meeting room. Figure 1.1-2 shows the site
plan of the proposed ESA hotel. As shown in Figure 1.1-2, the ESA hotel will provide 214
parking spaces with 24 of these parking spaces shared with the Embassy Suites Hotel to the
south. The 24 shared parking spaces are located on the southeast corner of the lot. In a worse
case scenario, if these 24 parking spaces were eliminated, 190 parking spaces will be available
for the proposed ESA hotel.
1.2 Purpose and Scope of Study
The purpose of this parking study is to determine if 190 parking spaces are adequate parking for
the proposed project and whether there is enough on-site parking spaces available to justify the
City of Santa Ana supporting a IS-space parking variance. As discussed in Section 4.2, 205
parking spaces are required per the City of Santa Ana Municipal Code. ESA contends that
parking rates for hotels listed in the City of Santa Ana Municipal Code generates a higher
amount of parking spaces required than is actually needed for a long-term stay hotel. This
parking study examined existing conditions, reviewed parking demand publications, and
determined the amount of parking spaces by applying four different methodologies used to
forecast parking demand.
Page 1
TCB
75A-43
Pacmc Ocean
Long- Term Stay Hotel Parking Study
Santa Ana, California
TCB
P&D Consultants
Figure 1.1-1
Regional Location Map
75A-44
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75A-45
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Long-Term Stav Hotel
Draft Parking Studv
2.0 METHODOLOGY
This section describes the procedures and methodologies used to prepare the Long-Term Stay
Hotel Parking Study. Topics discussed include parking surveys and parking demand forecast
methodologies.
2.1 Parking Counts
P&D conducted parking counts through a subcontract with Southland Car Counter, Inc., to
obtain information relevant to parking operations at existing long-term stay hotels that included
an inventory of existing parking activity, demand and supply. The parking counts were taken
from 6:00 A.M. to 12:00 A.M. on Thursday, October 13, and on Saturday, October 15.
2.2 Parking Demand Forecast
To estimate future parking demand for the proposed hotel, the four methodologies described
below were used.
2.2.1 City Zoning Ordinance Methodology
The City Zoning Ordinance methodology establishes the minimum parking requirements for land
uses based on variables such as size, the number of seats, the number of employees, etc.... The
parking rates are listed in the City of Santa Ana Municipal Code.
2.2.2 ITE Parking Generation Methodology
The Institute of Transportation Engineers (ITE) Parking Generation methodology is similar to
the City Zoning Ordinance Methodology discussed in Section 2.2.1. The ITE Parking
Generation methodology establishes the minimum parking requirements for different land uses
based on variables such as size, the number of rooms, the number of employees, etc.... ITE
compiles the parking rates for different land uses based on parking counts collected by public
municipalities and private transportation consultant firms throughout the United States. The
parking rates are summarized in the ITE publication, Parking Generation.l
2.2.3 Telephone Survey Methodology
The Telephone Survey methodology involved contacting other local jurisdictions to establish
how other jurisdictions would establish the minimum parking requirements for a long-term stay
hotel. The following six cities were contacted as requested by the City of Santa Ana:
· City of Anaheim, CA
· City of Costa Mesa, CA
· City of Huntington Beach, CA
· City of Irvine, CA
· City of Newport Beach, CA
· City of Y orba Linda, CA
] Institute of Transportation Engineer, Parking Generation, 3rd Edition, 2004.
TCB
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75A-46
Lon)!-Term Stav Hotel
Draft Parkin)! Studv
2.2.4 Parking Occupancy Methodology
The Parking Occupancy methodology establishes the mInImUm parking requirements by
collecting parking counts for different land uses and then comparing them to variables such as
size, the number of rooms, the number of employees, etc..., to establish the observed parking
rates. The parking rates are then applied to the proposed development to determine the minimum
parking requirements.
To establish the long-term stay hotel parking rates, P&D conducted parking counts through a
subcontract with Southland Car Counter, Inc. The parking counts were collected at the following
three long-term stay hotels on a weekday and on a weekend day as requested by the City of Santa
Ana:
· Extended Stay America - Anaheim (124 rooms)
· Extended Stay America - Newport Beach (164 rooms)
· Homestead Studio Suites - Irvine (149 rooms)
These hotels were determined to have similar operations as the proposed ESA hotel. The
observed peak parking demand was then compared against occupied rooms to establish parking
rates per occupied room.
TCB
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Lonz-Term Stav Hotel
Draft Parkinz Study
3.0 EXISTING CONDITIONS
This section examines the existing conditions at the proposed project site, Woolley's Petite
Suites, and the three surveyed hotels for a typical weekday and weekend day. This section
includes a parking analysis by comparing the existing observed parking demand and supply to
derive parking rates for long-term stay hotels.
3.1 Existing Parking Supply
As discussed in Section 1.1, the proposed project consists of converting an existing Woolley's
Petite Suites into the proposed ESA hotel. The existing parking supply at the Woolley's Petite
Suites is 190 with an additional 24 parking spaces shared with the neighboring Embassy Suites
Hotel to the south. These parking spaces are located on the southeast comer of the lot.
As discussed in Section 2.2.4, P&D conducted parking counts at three long-term stay hotels.
The existing parking supply for the ESA hotel in Anaheim is 127 parking spaces for 124 rooms.
The existing parking supply for the ESA hotel in Newport Beach is 175 parking spaces for 164
rooms. The existing parking supply for the Homestead Studio Suites in Irvine is 148 parking
spaces for 149 rooms.
3.2 Existing Parking Demand
Parking counts were not conducted for the existing Woolley's Petite Suites because they would
be converted into an ESA hotel. Table 3.2-1 summarizes the peak parking demand at the three
surveyed hotels for weekday and weekend day. As shown in Table 3.2-1, the peak parking
demand typically occurs during the early morning and late evening.
TABLE 3.2-1
PEAK PARKING DEMAND - EXISTING CONDITIONS
Hotel Thursdav - October 13 Saturday - October 15
Peak Demand Time Peak Demand Time
Extended Stay America - Anaheim 70 6:00 A.M. 96 11 :00 P.M.,
12:00 A.M.
Extended Stay America - Newport Beach 121 6:00 A.M. 98 6:00 A.M.
Homestead Studio Suites - Irvine 108 6:00 A.M. 91 6:00 A.M.
Source: P&D Consultants (2005).
3.3 Parking Analysis
The existing parking demand at the three surveyed hotel were compared against the peak
occupied rooms to establish the parking rates per occupied room. Table 3.3-1 lists how many
rooms were occupied at each hotel on the day of the parking counts. The hotel occupancy rates
at the surveyed hotels were provided by ESA. Homestead Studio Suites is partnered with ESA.
Therefore, the occupancy rates for Homestead Studio Suites were obtained through ESA.
Page 6
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Lonfl-Term Stay Hotel
Draft Parking Study
TABLE 3.3-1
OCCUPIED ROOMS - EXISTING CONDITIONS
Thursday - October 13 Saturday - October 15
Hotel Occupied Percent Occupied Percent
Rooms Occupancy Rooms Occupancy
Extended Stay America - Anaheim 96 77% 115 93%
Extended Stay America - Newport Beach 146 89% 138 84%
Homestead Studio Suites - Irvine 125 84% 117 79%
Source: Extended Stay America (2005).
Table 3.3-2 shows the peak parking demand per occupied room for each of the surveyed hotels
and the average peak parking demand per occupied room for a weekday and weekend day. As
shown in Table 3.3-2, the highest parking rate per occupied room occurred at the Homestead
Studio Suites in Irvine at 0.86 parking spaces per occupied room. The average parking rate per
occupied room was 0.81 parking spaces per occupied for a weekday and 0.77 parking spaces per
occupied room for a weekend day. The room occupancy is higher than the actual number of
parking spaces used because the guests will use other forms of transportation other than the car
such as taxies, shuttles, public transportation, etc..., or the guests share rental cars.
TABLE 3.3-2
PARKING RATE PER OCCUPIED ROOM - EXISTING CONDITIONS
Hotel Parkin!!: Rate per Occupied Room
Thursday - October 13 Saturday - October 15
Extended Stay America - Anaheim 0.73 0.83
Extended Stay America - Newport Beach 0.83 0.71
Homestead Studio Suites - Irvine 0.86 0.78
Average Parking Rate per Occupied Room 0.81 0.77
Source: P&D Consultants (2005).
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Lonz-Term Stay Hotel
Draft Parking Study
4.0 FUTURE PARKING ANALYSIS
This section examines the future parking conditions at the proposed ESA hotel by examining the
future parking demand and supply and determining if sufficient parking will exist based on the
four different methodologies used to forecast future parking demand.
4.1 Future Parking Supply
The future parking supply at the proposed ESA hotel in the City of Santa Ana will remain the
same as existing conditions. Therefore the proposed ESA hotel will contain 190 parking spaces
as a worst case scenario should the 24 parking spaces shared with the Embassy Suites Hotel to
the south should be eliminated.
4.2 Future Parking Demand
As discussed in Section 2.4, the future parking demand at the proposed ESA hotel was estimated
based on four different methodologies.
4.2.1 City Zoning Ordinance Parking Demand
Section 41-1344 of the City of Santa Ana Municipal Code establishes the minimum parking
requirements for a hotel and is shown below:
(a) The minimum off-street parking requirements for hotels and motels are as follows: one (1)
space for each guest room, plus one (1) space for each ten (10) rooms, plus two (2) spaces for
a manager's unit, if provided.
(b) Except for facilities limited to the exclusive use of guests, parking shall be provided for
restaurants, banquet facilities and other retail services or recreational uses included in a hotel
or motel building or grounds in accordance with the requirements of this article for such
uses.
Table 4.2-1 shows the parking requirements for the proposed ESA hotel based on the City of
Santa Ana Municipal Code. It was assumed that the proposed ESA hotel will provide parking
spaces for managers and the 2,040 SF conference/meeting room was reserved only for hotel
guests. As shown in Table 4.2-1, the required parking spaces for the proposed ESA hotel will be
205 parking spaces.
TABLE 4.2-1
PARKING REQUIREMENT-CITY OF SANTA ANA MUNICIPAL CODE
Parkin!!: Code Size Parkin!!: Spaces
One space per guest room 184 Rooms 184
One space per 10 guest rooms 184 Rooms 19
Two spaces for managers Manager's Unit 2
Total 205
Source: P&D Consultants, (2005).
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4.2.2 ITE Parking Generation Parking Demand
The ITE Parking Generation contains parking data for several different types of hotels uses. The
hotel uses are divided into three different categories, an All Suites Hotel, a Business Hotel and a
Resort Hotel. However, the descriptions of these different hotels do not closely resemble the
proposed ESA hotel. Therefore, the parking rates for these hotel land uses were not, but the
parking rate for the general Hotel category was used. The average parking rate listed in the ITE
Parking Generation was 0.91 parking spaces per room, which was based on data collected at 14
hotels throughout the United States. Therefore, the required parking spaces for the proposed
ESA hotel will be 168 parking spaces.
4.2.3 Telephone Survey Parking Demand
P&D contacted the six local jurisdictions identified in Section 2.2.3 to determine how other
jurisdictions would determine the minimum parking requirements for a long-term stay hotel. In
general, each jurisdiction calculated the minimum parking requirements based on each
jurisdiction's respective parking rates as listed in the Municipal Code or Zoning Code. However,
the Cities of Irvine and Y orba Linda do not have any established parking rates for hotels. These
Cities requires an independent transportation consultant to conduct a parking study to establish
the minimum parking requirements. Table 4.2-2 shows the parking rates per hotel variable. As
shown in Table 4.2-2, each jurisdiction has a different methodology for calculating the minimum
parking requirements.
TABLE 4.2-2
PARKING RATES-ASSORTED CITIES
Parkin [J Rates
City Per 10 Per 1,000 SF of Manager's Per Per Transport
Per Room Conference
Rooms Room Unit Employee Vehicle
Santa Ana 1.0 1.0 N/A 2.0 N/A N/A
Anaheim 0.8 N/A 8 N/A 0.25 N/A
Costa MesaL1J 2.0 N/A N/A N/A N/A N/A
Huntington Beach I.I N/A N/A 2.0 N/A 1.0, minimum 2
Irvine Requires Parking Study
Newport Beach 0.5 N/A N/A N/A N/A N/A
Y orba Linda Requires Parking Study
. .
Sources: Cities of Anaheim, Costa Mesa, Huntington Beach, Irvine, Newport Beach and Y orba Linda (2005).
[1] The City of Costa Mesa Municipal Code states that the parking requirements for hotels with cooking facilities
shall be governed by the residential parking standards. The proposed hotel rooms most closely resemble a
bachelor's residential unit. Therefore, the parking requirements are 1.5 parking spaces per unit and 0.5 guest
parking spaces per unit.
Table 4.2-3 shows the parking requirements for each jurisdiction based the each jurisdiction's
Municipal Code or Zoning Code. As shown in Table 4.2-3, the parking requirement varied from
a low of 92 parking spaces for the City of Newport Beach to a high of368 parking spaces for the
City of Costa Mesa. The parking requirements for the City of Costa Mesa were high because the
City of Costa Mesa considered hotels with cooking facilities to be residential units. Therefore,
the parking rate of2.0 parking spaces per bachelor residential unit was used.
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TABLE 4.2-3
PARKING REQUIREMENT - ASSORTED CITIES
Parkin!! Requirements
City 2,040 SF of One 19 Two
184 Rooms Conference Manager's Employees Transport Total
Room Unit VehicIes
Santa Ana 203 N/A 2 N/A N/A 205
Anaheim 147 16 N/A 5 N/A 168
Costa Mesa 368 N/A N/A N/A N/A 368
Huntington Beach 202 N/A 2 N/A 2 206
Irvine Requires Parking Study
Newport Beach 92 N/A N/A N/A N/A 92
Yorba Linda Requires Parking Study
Source: P&D Consultants (2005).
However, based on conversations with each jurisdiction, each jurisdiction would accept a
variance to the parking requirements provided an independent transportation consultant
performed a parking study. The requirements of the parking study included the consultant
collecting parking counts at multiple locations with similar land uses. The consultant then would
derive the parking requirements based on the observed parking rates.
4.2.4 Parking Occupancy Parking Demand
As discussed in Section 3.3, the average peak parking rate for a weekday was 0.81 parking
spaces per occupied room, and the average peak parking rate for weekend day was 0.77 parking
spaces per occupied room. Because the parking rate for a weekday was higher than the weekend
day, the parking requirements for a weekday take precedence. Therefore, the parking
requirement for the proposed ESA hotel is 149 parking spaces if the hotel operates at full
occupancy. Because 190 parking spaces are provided on-site, there will be a surplus of 41
parking spaces. However, hotels typically do not operate at full occupancy. Assuming the
proposed ESA hotel will operate at 90 percent of full capacity, the parking requirement is 134
parking spaces with a surplus of 56 parking spaces.
4.3 Parking Analysis
The parking requirements calculated in Section 4.2 based on the four different methodologies
was compared against the future parking supply at the proposed ESA hotel to determine if
sufficient parking would exist. Table 4.3-1 summarizes the parking demand based on the four
methodologies and parking supply. As shown in Table 4.3-1, the proposed ESA hotel will
provide sufficient parking spaces based on each methodology and for each jurisdiction except for
the parking requirements for the Cities of Costa Mesa, Huntington Beach and Santa Ana. The
Cities of Huntington Beach and Santa Ana had parking rates that closely resembles one parking
space per room, which was higher than the observed parking rates as determined in this study.
The City of Costa Mesa counts hotels with kitchens as residential units.
Tes
Page 10
75A-52
Lonrz-Term Stav Hotel Draft Parkinrz Studv
TABLE 4.3-1
PARKING ANALYSIS
Methodology Parkin!?: Demand Parkin!?: Supply Sufficient?
Santa Ana Municipal Code 205 190 No
ITE Parkin~ Generation 168 190 Yes
Telephone Survey
- Anaheim 167 190 Yes
- Costa Mesa 368 190 No
- Huntington Beach 206 190 No
- Irvine Requires Parking Study 190 N/A
- Newport Beach 92 190 Yes
- Y orba Linda Requires Parking Study 190 N/A
Parking Occupancy
- at 100% Occupancy 149 190 I Yes
- at 90% Occupancy 134 190 I Yes
Source: P&D Consultants (2005).
TCB Page 11
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5.0 FINDINGS
This section summarizes the key findings of the parking study.
· The observed average parking rate at the three surveyed hotels was 0.81 parking spaces per
occupied room for a typical weekday.
· The observed average parking rate at the three surveyed hotels was 0.77 parking spacers per
occupied room for a typical weekend day.
· The parking requirement based on the City of Santa Ana Municipal Code was 205 parking
spaces.
· The parking requirements based on the ITE Parking Generation was 168 parking spaces.
· Each jurisdiction calculates the hotel parking requirements differently. Therefore, the
parking requirements varied from a low of92 parking spaces to a high of368 parking spaces.
· Each jurisdiction would accept a variance to the parking requirements provided an
independent transportation consultant conducted a parking study.
· The parking requirement based on the average parking rate at the three surveyed hotel of
0.81 parking spaces per occupied room is 149 parking spaces if the proposed ESA hotel
operated at full occupancy. Because 190 parking spaces are provided on-site, there will be a
surplus of 41 parking spaces, which will justify the proposed 15-space parking variance.
· Assuming a 90 percent occupancy rate at the proposed ESA hotel, the parking requirement
based on the average parking rate at the three surveyed hotel of 0.81 parking spaces per
occupied room is 134 parking spaces.
· The proposed ESA hotel will provide sufficient parking for each forecasted parking
requirement based on each methodology and for each jurisdiction except for the Cities of
Costa Mesa, Huntington Beach and Santa Ana. The Cities of Huntington Beach and Santa
Ana had parking rates that closely resembles one parking space per room, which was higher
than the observed parking rates as determined in this study. The City of Costa Mesa counts
hotels rooms with kitchens as residential units.
Page 12
TCB
75A-54
Lonfl-Term Stav Hotel
Drafi Parking Studv
APPENDIX A
Parking Counts
TCB
75A-55
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Conditional Use Permit No. 2005-28
November 28, 2005
Page 1 of 3
Findings of Fact
A.
Wi 11 the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
On November 14, 2005 the Planning Commission held a study
session to discuss long-term stay business hotels and whether
they are an appropriate land use within Hotel Terrace (SD-12).
The Planning Commission commented that the area has tremendous
long term potential and that they are reluctant to make any land
use changes that would negatively impact the Hotel Terrace area.
Long-term stay hotels that meet the City's Design and
Development Standards were viewed as a product type that may be
appropriate in other areas of the City, but not wi thin Hotel
Terrace. The Commission did not wish to encourage lodging
products that primarily cater to longer term business travelers
within Hotel Terrace. The addition of full kitchens to hotel
rooms was not viewed as an upgrade to the hotel product
currently available within Hotel Terrace. The Commission would
like to attract more leisure travelers who are more likely to
support area restaurants and services because they are
vacationing in the area for shorter lengths of and not staying
in hotel rooms with kitchens where meals can be prepared in
guest rooms. The proximity of Hotel Terrace to area beaches, to
John Wayne Airport and to tourist attractions such as Disneyland
and Knott's Berry Farm is another reason why the Commission
feels Hotel Terrace should be marketed to vacationers and
leisure travelers visiting the area and not shift to an emphasis
on long-term stay business travelers. Based upon this policy
direction a long-term stay hotel would not contribute to the
general well being of the community as this hotel type may
preclude the City from attracting full service hotels to the
Hotel Terrace area which attract a higher percentage of leisure
and vacation travelers.
B. will the proposed use under the circumstances of the particular case
be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity?
The project proposes to convert an existing hotel property into
a long-term stay business hotel. Long-term stay business
hotels by Santa Ana Municipal Code definition are
distinguished from regular hotels in that they provide a
fSa~~2
Conditional Use Permit No. 2005-28
November 28, 2005
Page 2 of 3
ki tchen in each guest room and are designed and operated to
primarily accommodate business travelers whose guest stays
vary in general from one week to a month or more. The
retrofitting of hotel rooms to provide sinks with disposals,
full refrigerators, cook tops and cup board storage was not
viewed as an upgrade in quality to the Hotel Terrace area.
The addition of kitchens would make it easier for these rooms
to be converted to a transient -residential hotel, where the
rooms are continuously occupied, which would be detrimental to
the health, safety and general welfare of persons residing or
working in the area.
C. will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
Long-term stay business hotels are not currently permitted
within SD-12 so zoning standards would need to be amended for
this use. The zoning code permits hotel products that do not
have kitchens. These hotels tend to cater to travelers who
stay at a hotel for shorter periods of time, which is not the
primary market of the proposed long-term stay business hotel.
There is a perception that converting the existing hotel into a
long-term stay hotel will preclude higher end full service
hotels from locating moving into the Hotel Terrace area. This
would adversely affect the economic stability or future
economic development of properties in the surrounding area and
would affect the City's goal of attracting full service hotels
that cater to vacationers and leisure travelers to Hotel
Terrace area.
D.
Will the proposed use comply with the regulations
specified in Chapter 41 of the Santa Ana Municipal
use?
and conditions
Code for such
The proposed project is not in compliance with the regulations
outlined within SD-12 as long-term stay business hotels are not
a permitted land use within SD-12. The project would require an
amendment to SD-12 to allow long term stay business hotels with
a conditional use permit. The project also requires a variance
for parking and requires approval to deviate from City adopted
design standards for long-term stay hotels.
75A-63
Conditional Use Permit No. 2005-28
November 28, 2005
Page 3 of 3
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use of the property as a long-term stay business
hotel would adversely affect the General Plan as the proposed
use is not permitted within Specific Development Plan No. 12
and therefore the zoning of the property would be in conflict
with the General Plan.
75A-64
Variance No. 2005-62
November 28, 2005
Page 1 of 2
Findings of Fact
A. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is
found to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter;
The project site is rectangular in shape and approximately 3.2
acres in size and located in the City's hotel district, referred
to as Hotel Terrace (SD-12). There is nothing unique about the
size or shape of the property that would keep the project from
meeting the letter of the zoning code. The project when
originally approved met the parking standards for a hotel and
could meet current standards by reducing the number of rooms
proposed for the proposed long-term stay business hotel.
B. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights;
The property currently operates as a hotel and could continue
to do so without the need of the proposed variance. The
applicant is proposing to change the use of the property from
a hotel to a long-term stay business hotel, which is not
permitted by current zoning regulations. The variance is not
needed for the preservation and enjoyment of the owner's
substantial property rights as the property could continue to
function as a hotel without the need of a parking variance.
C. That the granting of a variance will not be materially detrimental
to the public welfare or injurious to surrounding property;
The granting of a variance for parking for a long-term stay
business hotel, which is a use that is not permitted within
Specific Development Plan No. 12, would be detrimental to the
public welfare and injurious to surrounding property.
f5l~gg
Variance No. 2005-62
November 28, 2005
Page 2 of 2
D. That the granting of a variance will not adversely affect the
General Plan of the City;
The Granting of the parking variance would adversely affect the
General Plan of the City. The parking variance is only one
component of a larger project that is not in compliance with the
regulations outlined within Specific Development No. 12. The
granting of a parking variance for a use that is not permitted
by City of Santa Ana zoning regulations would have an adverse
affect on the General Plan of the City.
75A-66
KO -1/4/06
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DENYING ZONING ORDINANCE
AMENDMENT NO. 2005-03, DENYING CONDITIONAL
USE PERMIT NO. 2005-28 TO ALLOW A LONG-TERM
STAY BUSINESS HOTEL. VARIANCE NO. 2005-62 TO
REDUCE THE REQUIRED PARKING AND SITE PLAN
REVIEW NO. 2005-05 FOR THE PROPERTY LOCATED AT
2721 HOTEL TERRACE DRIVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Applicant is requesting approval of a zoning ordinance amendment to
amend the uses permitted within Specific Development Plan No. 12 (SD-
12) to include long-term stay business hotels with a conditional use permit
(CUP). The applicant is also requesting a conditional use permit for a
long-term stay business hotel, a 15 space parking variance, as well as site
plan review approval to operate the proposed long-term stay hotel at 2721
Hotel Terrace Drive.
B. On November 28, 2005, Zoning Ordinance Amendment No. 2005-03,
Conditional Use Permit No. 2005-28, Variance No. 2005-62 and Site Plan
Review No. 2005-05 came before the Planning Commission for a duly
noticed public hearing. The Planning Commission by a vote of 6:0 (De La
Torre absent) voted to recommend the City Council deny the above
referenced actions.
C. On January 17, 2006, the City Council held a duly noticed public hearing on
Zoning Ordinance Amendment No. 2005-03, Conditional Use Permit No.
2005-28, Variance No. 2005-62 and Site Plan Review No. 2005-05.
D. The City Council further finds that the emphasis of SD-12 should not shift
towards the inclusion of serving long-term stay business travelers. The
Zoning Ordinance Amendment for SD-12 is not warranted for numerous
reasons including, but not limited to, units with kitchens, which cater to
extended stay business clients, are not compatible with a long-term vision
for SD-12 to attract full service hotels to the area that cater to both
business and leisure travelers. Long-term stay business hotels that meet
the City's design standards may be appropriate elsewhere in the City, but
not in SD-12.
75A-67
Resolution No. 2006-xx
Page 1 of 4
E. Long-term stay business hotels are not a conditionally permitted use
within SD-12. As such, the City Council denies Conditional Use Permit
No. 2005-28.
F. The City Council's decision to deny Applicant's request for the Zoning
Ordinance Amendment renders Variance No. 2005-62 moot. In addition,
the property currently operates as a hotel and can continue to do so
without the need of the proposed variance. Moreover, there is nothing
unique about the size or shape of the property that would keep the project
from meeting the zoning code and the variance is not needed for the
preservation and enjoyment of the owner's substantial property rights as
the property can continue to function as a hotel without the parking
variance.
G. The Site Plan is not in compliance with the regulations outlined within SD-12
as long-term stay hotels are not permitted within SD-12.
H. In accordance with the California Environmental Quality Act, no
Environmental Documentation is required for the proposed project due to the
fact this project is denied.
Section 2. The City Council of the City of Santa Ana, after conducting the
public hearing, hereby denies Zoning Ordinance Amendment No. 2005-03, Conditional
Use Permit No. 2005-28, Variance No. 2005-62 and Site Plan Review No. 2005-05.
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes, but is not limited to: the Request for City Council Action dated January
17, 2006 and exhibits attached thereto; and the public testimony written and oral, all of
which are incorporated herein by this reference
Section 3. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this
day of January, 2006
Miguel A. Pulido
Mayor
75A-68
Resolution No. 2006-xx
Page 2 of 4
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006-XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
75A-69
Resolution No. 2006-xx
Page 3 of 4
75A-70