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HomeMy WebLinkAbout FULL PACKET_2006-04-03(JWF 3115106) ORDINANCE NO. NS-2708 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-200 OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE DEPICTION ON THE CITY SEAL. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 2-200 of the Santa Ana Municipal Code establishes a City Seal to be used by the Clerk of the Council in authenticating certain documents of the City. B. Section 2-210 of the Santa Ana Municipal Code establishes a City Emblem purpose of symbolically representing the authority of the City of Santa Ana. C. Section 2-200 does not call for the depiction on the City Seal to be the City Emblem. D. Incorporation of the City Emblem into the City Seal will clarify the City's symbolic representations. Section 2. Section 2-200 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 2-200. City seal-Designation. The city seal is the impression made by that certain instrument retained and used by the clerk of the council for the purpose of attesting documents as acts of the city council. The general design and the details of the impression made by the city seal shall correspond to the city emblem as established in Section 2-210 of the Santa Ana Municipal Code from time to time. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase Ordinance No. NS-2708 Page 1 of 2 11 A-1 or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph W. Fletcher, City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2708 to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS-2708 Page 2 of 2 Patricia E. Healy Clerk of the Council 11 A-2 j~~ "i MEMORANDUM ~:~_ 4dpcatuxt ls~ ~{ ~~/1 a ~I Cite Council Meeting Date: April 3, ?006 David Rea Tu: City Mana r Datc: March 20, 2006 mes .Ross, Executive Director From: Publi Works Agency Subjc t: N ification that City Engineer is Reviewing Final Parcel Map No. 2002-248 for pproval 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. 2002-248 (City Parcel Map No. 2003-07), for 325 West Pine Street (Exhibit I), from the owner, The Community Redevelopment Agency, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2002-248 was approved by the City Council on March 1, 2004. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of April 3, 2006. cc: Mayor and City Council City Manager Deputy City Manager of Development Services Clerk of the Council T \Developmen~ Services\SUbtlivision\Memos\FinalParcelMap2002248Review No~ice04 03 O6 IL.tloc 17A-1 EXHIBIT 1 r ~ I V m - _ _ _ I 1--7 ~ I I I 1 I I 1 I I I I I I I I i I I I I I I I I I I 1 I 1 I I I I I I I I 1 I I I I I I I I I 1 1 - -1 I - -~ I I I I I I I 1 I I I I I I>I I I Iwl 1 I C I I I lal I I I I ~ l I I I - I I I m l I 1 1 ~ 1 1 1 1\` 61 P~AGENDA°DATE~ APRIL 3. 2006 al I I__________________.i I I I I I I I I I I I I I 1 I I I 1 I I -------------------I J TITLE PARCEL MAP N0. 2002-248 325 WEST PINE STREET 17A-2 3 } 0 I ao ~m u N ,~~~ ~r .~ MEMORANDUM _~'~ F,d..u~.a~ ~~. City Council Meeting Date_ April 3, 2006 David F To; City Ma From: Subject: Ross, Executive Director rks Agency Datc: March 21, 2006 that City Engineer is Reviewing Final Tract Map No. 1 ~~ Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 16622 (City Tract Map No. 2005-03), for 9 East Hutton Centre Drive (Exhibit I), from the owner, The Grand Plan 2, LLC, and is in the process of reviewing the map for final approval. The Tentative Tract Map No. 16622 was approved by the City Council on June 20, 2005. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of April 3, 2006. cc: Mayor and City Council City Manager Deputy City Manager of Development Services Clerk of the Council T:\Development Services\Subeivision\Memos\FlnalTraciMap16622Review NoticeD4_03_06 _ ILEOc 17B-1 ' - ~ HUTTON CENTRE DRIVE -- i w ~ p Iw a ~r Z Iw U ~ Z O iS SANDPOINTE~ AVENUE EXHIBIT I SANTA ANA PV wart .o~x ~av City Council Agenda Dote APRIL 3, 2006 Tine: TRACT N0. 16622 9 E. HUTTON CENTRE DRIVE N.T.S. 17 B-2 ~~ MEMORANDUM~-~-~ ~dpcatron Est City Council Meeting Uate: Aril 3, 2006 David eam To: City Ma ager James ~. Ross, Executive Director From: P blic Works Agency Subject that r Uatc Final Tract ~~~~~ March 23, 2006 No. Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 16905 (City Tract Map No. 2005-05), for 2800 N. Farmers Drive (Exhibit I), from the owner, Shea Homes Limited Partnership, and is in the process of reviewing the map for final approval. The Vesting Tentative Tract Map No. 16905 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 April 3, 2006. cc: Mayor and City Council City Manager Deputy City Manager of Development Services Clerk of the Council T.\Development Services\Subtlivision\Memos\FinalTradMap~6905Review Notice04_03_06 _ ILtloc 17C-1 I i ?I ! t ~ LWEST MEMOR'% LANE SANTA ANA Ci(y COMnCiI Pu^ Agendo Dote u¢ms rnc+r[~c+ APRIL 3. 2006 Title: EXHIBIT I TRACT N0. 16905 2800 N. FARMERS DRIVE ~~c stlon ~i~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE. APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT ~.~<.1~.~--- CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2"" Reading ^ Implementing Resolution ^ Set PubVic Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the California Office of Traffic Safety. 2. Approve an appropriation adjustment accepting the California Office of Traffic Safety, California Seat Belt Compliance Campaign FY 06 Grant in the amount of $89,618 into the revenue account (account no. 165-01- 5357-2) and appropriate same into the California Seat Belt Compliance Campaign FY 06 overtime expenditure account (account no. 165-341- 6141). DISCUSSION The Santa Ana Police Department has been awarded an $89,618 grant from the State of California Office of Traffic Safety (OTS). This grant funding will allow the Police Department's Traffic Division to conduct a 21-day period seat belt enforcement operation in May and June 2006 during the national ~~Click It or Ticket" mobilization campaign. The goal of the California Seat Belt Compliance Campaign is to increase seat belt use statewide to 93 percent by July 2006. FISCAL IMPACT Approval of the appropriation adjustment will enhance the OTS, California Seat Belt Compliance Campaign FY 06 revenue account (account no. 165-01- 5357-2) by $89,618 and increase the same into the OTS, California Seat Belt Compliance Campaign FY 06 overtime expenditure account (account no. 165-341-6141). APPROVED AS TO FUNDS AND ACCOUNTS: C~~ Paul M. Walters Chief of Police Police Department ~~~y/j ~~F,,rancisco Gutierrez ~~ -`executive Director , Finance & Mgmt. Services Aqencv /i 20A-1 ~(' GLtKn yr ~.vun~.i~ vac vn~i: Lss03/27/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Police Department has been selected to receive a grant from the California Office of Traffic Safety in the amount of $89,618.00. B. Grant funding will allow the Police Department to conduct a 21-day enforcement operation specifically targeting seatbelt violations during the national "Click It or Ticket" seat belt compliance campaign. Section 2. The City Council authorizes the City Manager and the Chief of Police, or their designee(s), to execute a grant award agreement with the California Office of Traffic Safety in the amount of $89,618.00. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2006. Miguel A. Pulido Mayor 20A-2 Lss03/27/06 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 20A-3 20A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: APPROPRIATION RECOGNIZING R SPECIAL FEES ADJUSTMENT AND DONATIONS eyuudon lad CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $95,099 in Recreation Special Fees and Donations revenue accounts (account nos. 22-O1-various) and appropriate same to the Recreation Special Fees and Donations expenditure accounts (account nos. 22-231-various). DISCUSSION This fiscal year to date, the Parks, Recreation and Community Services Agency has received $95,099 in special fees and donations to fund events, programs and projects that benefit the residents of Santa Ana. Through the Employee Charitable Contributions program, employees donated $12,021 for the Read and Create Program and Santa Ana Seniors. Carnival promoters paid $29,000 in fees to re-establish park turf and fund youth programs and improvements at host parks. In addition, various donations were received from corporate and private entities to fund specific programs including the Children's Winter Holiday Party, Youth Expo, neighborhood concerts, and the Park Naturalist program. FISCAL IMPACT This appropriation adjustment will recognize $95,099 in Recreation Special Fees and Donations revenue accounts (account nos. 22-01-various) and appropriate same to the Recreation Special Fees and Donations expenditure accounts (account nos. 22-231-various). ~~'"~'-~+sG' ~ i Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: /Francisco Gutierrez '~ /(JJ~ Executive Director Finance & Management Svcs. Agency 20B-1 20B-2 .~ T r REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: APPROPRIATION ADJUSTMENT - FIRE FACILITY FUND (Fund 120) `,~ycadoq 15, 1/~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an Appropriation Adjustment in the amount of $596,665 in the Fire Facility Fund, Improvement Fee revenue account (account no. 120-01-5161) and appropriating the same into the Fire Facility Fund expenditure account (account no. 120-323-various). DISCUSSION The City collects fees designated as Fire Facility Improvement Fees from developers of new construction projects. These fees assist the Fire Department in paying for improvement needed to fire facilities. For many years the Fire Department leased the building at 1427 S. Broadway and has used it for the Training Section. This building is in the process of being sold. To accommodate the loss of this office and classroom space, an effort to develop the Fire Department's training site at Centennial Park with Fire Facility Improvement Fees funds has been proposed. The short-term plan is to make the needed land improvements that enable setting up of modular classrooms and offices on the site. 20C-1 ~4 ~ Appropriation Adjustment Fire Facility Fund April 3, 2006 Page 2 FISCAL IMPACT Approving this Appropriation Adjustment will increase the anticipated revenues in the Fire Facility Fund, Improvement Fee account by $596,665 (account no. 120-323-5161) and increase the Fire Facility Fund expenditure account by the same (account no. 120-323-various). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ ~~ ~_. Francisco Gutierrez ~~~ Executive Director Finance & Management Services Agency 20C-2 REQUEST FOR ~ ~ COUNCIL ACTION , U~',. ~~,T-tea CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 3, 2006 TITLE: ALLOCATION OF FY 2006-2007 AND REALLOCATION OF FY 2003-2004, FY 2004-2005 AND FY 2005-2006 EMERGENCY SHELTER GRANT FUNDS APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Allocate $304,247 in FY 2006-2007 Emergency Shelter Grant funds as recommended. 2. Reallocate $411 in FY 2003-2004, $15,945 in FY 2004-2005 and $5,000 in FY 2005-2006 Emergency Shelter Grant funds as recommended. 3 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non-profit agencies awarded funds. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION Recommended that the City Council: 1. Allocate $304,247 in FY 2006-2007 Emergency Shelter Grant funds as recommended. 2. Reallocate $411 in FY 2003-2004, $15,945 in FY 2004-2005 and $5,000 in FY 2005-2006 Emergency Shelter Grant funds as recommended. 3 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non-profit agencies awarded funds. By a vote of 7:0 at its Regular Meeting of March 21, 2006. 20D-1 Allocation of FY of FY 03-04, FY April 3 2006 Page 2 DSSCUSSION 06-07 and Reallocation 04-05, and FY OS-06 ESG Funds In July 2006, the City of Santa Ana will be awarded $304,247 in Emergency Shelter Grant (ESG) funds by the U.S. Department of Housing and Urban Development (HUD). These funds are made available to states, counties and municipalities to support emergency shelter programs for the homeless. Eligible uses include renovation of emergency shelter facilities, essential services to the homeless (e.g., food and health care), and homeless prevention. A maximum of thirty percent of the total grant may be used for essential services and thirty percent for homeless prevention. Since fiscal year 1987-1988, the City has actively participated in the ESG program to provide funding to the homeless service organizations. In November 2005, a Request for Proposals was mailed to 53 non-profit providers soliciting applications for FY 2006-2007 grant funding. Thirteen service agencies responded with funding requests totaling $415,000. Proposals predominately sought funds to offset program administration, homeless prevention, maintenance and operating costs. On January 11, 2006, an evaluation panel consisting of representatives from the Community Redevelopment and Housing Commission, the Human Relations Commission, and a staff member from Orange County's Housing and Community Service Department conducted applicant interviews to rate and rank the proposals using the following criteria: 1) community need, 2) effective and efficient use of funds, 3) organizational qualifications and 4) HUD requirements. A list of the agencies submitting proposals, the evaluation panel rating, the grant amount for the present year, the requested amount of funding for FY 2006-2007, and the recommended funding for FY 2006-2007 is provided in Exhibit 1. A brief table of information regarding each applicant is shown as Exhibit 2. One of the recommended proposals will fund homeless prevention programs, and ten will provide essential services. 20D-2 Allocation of FY 06-07 and Reallocation of FY 03-04, FY 04-05, and FY OS-06 ESG Funds April 3 2006 Page 3 Eleven proposals are being recommended for funding as follows: Council of Orange County-Saint Vincent de Paul $ 20,000 Friendship Shelter 5,000 Human Options 12,000 Laura's House 11,000 Leqal Aid Society 10,400 Mercy House - Center 90,000 Mercy House - JosephiRegina House 75,000 Orange County Association for Mental Health 35,000 Southwest Minority Economic Development Association 20,000 WISEPlace 56,990 Women's Transitional Living Center $ 25,000 Allocation for Essential Services, Prevention, & Operations $310,390 Allocation for Administration (5o of 2006-2007 ESG) $ 15,213 Total Budget for 2006-2007 5325,603 2006-2007 ESG $ 304,297 ESG Reallocated from 2003-2004,2004-2005, and 2005-2006 21,356 Total ESG Finds Available $ 325,603 Two applications were rated so low that the evaluation panel did not recommend funding. Prior years funding in the amount of $411 was returned from the Santa Ana Parks, Recreation and Community Services Agency; $51 was returned from Interval House; $4,326 was returned from Southwest Minority Economic Development Association; and $11,568 was returned from WISEPlace. Lastly, $5,000 was returned from Casa Teresa. All of the organizations, with the exception of Casa Teresa, were unable to expend their grants on ESG budgeted, eligible expenses by the end of the grant fiscal year. Casa Teresa withdrew from the program as it was experiencing some staffing concerns and felt it could not meet the program requirements. 20D-3 Allocation of FY 06-07 and Reallocation of FY 03-04, FY 04-05, and FY 05-06 ESG Funds April 3 2006 Page 4 FISCAL IMPACT HUD provides ESG funds to the City. Funds will be utilized for eligible activities by non-profit homeless service agencies and the City. 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J y n d . i S (U fn S O p (D ~ m y ~ Ji O N y fD ~ fU T N ~ N ~ ~ ~ 3 ~ N J ~ y N y O O J .. D ~~ N .. N_ N l O N ~ d . ... f° N J J f O .ZI 91 d N ~'. J O O~ ° J J ~ O 3 ~: ~ ~. N y m~ ~ O t° ~ ~° p ~' O ~ , m O mm ° x ~ ~ m ~ N N < ~ 0 oo°o d a d ~ d o~ D O J O J J ~ J n »~. m~ v > d m ~ D O A A N y N° d ~ 91 d N Z~ ° E ~ _ A m~ A W C O N W j N G N T N O C D O rt J _ .Z N Z ~ C ~ ~ ~ ~ _ w W N ° N N Ol ° o G m m m~ c i~ °' o o Z A ~ N ~ rt y O C w T ~ N w A r O O O O (T U~ N O (11 n O O O O O O ~ pOi O O O O O O O Z v+ A vj o ei N en o [n W Fn V A p v i i V i u ~ ° ° ° ° ° ° m o o o o o o ° 0 0 0 0 0 o W N A A W m N I n~ ~ t0 <D W Ut N f0 (O p~ ~ V O W W 3 V V W ~ 1J N ~D A W O ~p ' O U o e e e m 3 ~ N a 2 D-7 -~ m 'a ~ N • O .~. ~ C N ~ ~ ~ v 20D-8 REQUEST FOR ~~ COUNCIL ACTION ~dontion 1st CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 3, 2006 TITLE: APPROVED CALHOME REHABILITATION AND ^ As Recommended REPLACEMENT PROGRAM ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2"' Reading ^ Implementing Resolution ^ Set Public Hearing For_ Cz _`' "t'"~~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an Appropriation Adjustment recognizing $500,000 in CalHOme Program funds and appropriating same. 2. Adopt the CalHome Rehabilitation and Replacement Program. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION Recommended that the City Council: 1. Approve an Appropriation Adjustment recognizing $500,000 in CalHome Program funds and appropriating same. 2. Adopt the CalHome Rehabilitation and Replacement Program. By a vote of 7:0 at its Regular Meeting of March 21, 2006. DISCUSSION On September 20, 2005, the City Council approved the submission of an application for funding from the California Department of Housing and Community Development. We have received notice that the City has been awarded $500,000. In accordance with CalHome Program regulations, the proposed CalHome Rehabilitation and Replacement Program (Exhibit 1) will be used to offer deferred payment, thirty-year rehabilitation loans with zero percent interest rates to low-income owner occupied mobile home and single-family home residents. The program is available to households located in CDBG eligible census tracts (Exhibit 2). 20E-1 CalHome Rehabilitation and Replacement Program April 3, 2006 Page 2 The maximum CalHome rehabilitation loans will be $15,000 for mobile homes and $75,000 for single-family homes. Previously the maximum loan amounts were $10,000 and $50,000, respectively. The increases are necessitated by the rising costs of material and labor. Depending on fund availability, the CalHome funds may be leveraged with existing below market interest rate loan programs offered by the City and the Community Redevelopment Agency. In cases where it is financially infeasible to rehabilitate the mobile home, the owners may be eligible for CalHome replacement loans totaling no more than $'75, 000. Previously the maximum loan amount was $70, 000. The increase is necessitated by the rising costs of material and labor. Depending on fund availability, the CalHome funds may be leveraged with existing below market interest rate loan programs offered by the City and the Community Redevelopment Agency. FISCAL IMPACT Funds will be available in the CalHome Rehabilitation and Replacement Program fund (account no. 193-149-6951), Community Development Block Grant fund (account no. 135-148-6951) and in the HOME Investment Partnership Act Program account (account no. 130-148-6951). APPROVED AS TO FUNDS AND ACCOUNTS: ~oLPatricia Whitaker ~~rancisco Gutierrez ``~~ Executive irector Executive Director Community Redevelopment Agency Finance and Management Services Agency PCW/TG/mlr H:\ACTI ONS \2 D06 CC\CalHOmeRehab&ReplaceProg 9-3-06. doc 20E-2 CALHOME REHABILITATION AND REPLACEMENT PROGRAM The CalHome Rehabilitation and Replacement Program will be operated in accordance with the requirements of the State of California CalHome Program. Eligible Borrowers • Borrower(s) must be the owner(s) of a single-family home, or of a manufactured/mobile home that is permanently affixed to a space in a legal, properly permitted manufactured housing park. Properties must be located in a CDBG eligible census tract in the City of Santa Ana. • Manufactured homes must be designed for long-term occupancy. Vehicles designed for recreational purposes do not qualify. • Total annual income must be at or below 80 percent of area median income, as published by the U.S. Department of Housing and Urban Development and the California Department of Housing and Community Development. Effective March 31, 2005 the maximum household incomes are as follows: Household Size Maximum Income 1 42,900 2 98,400 3 54,500 4 60, 600 5 65,400 6 70,200 7 75,100 8 79,900 • Borrower(s) must occupy the home as their principal residence, and shall not lease or rent the property during the term of their loan. • Borrowers must have a current credit history that demonstrates prudent use of debt and a commitment to meeting financial obligations. General Program Guidelines • Funds budgeted annually will be made available on a first-come, first-served basis. Priority for loan funding will be based upon the date and time a completed application and all necessary documents are submitted. The City reserves the right to make the sole determination as to when such completed applications and documents are received. EXHIBIT 1 Page 1 20E-3 • For manufactured homes, loan funds may only be used for repairs necessary to bring the home into compliance with applicable federal and state building codes. All code deficiencies must be addressed. In cases where it is economically infeasible to rehabilitate the home, funds may also be used to purchase, transport and install a new unit on a spot located in a legally permitted manufactured housing park in the City of Santa Ana. • Funds may not be used to refinance existing debt or for repairs to the park. • For single-family homes, all code deficiencies must be addressed, and must account for at least 90 percent of the total rehabilitation cost. • The Loan Committee will make the final determination as to the eligibility of specific repairs or purchases. • All persons with an ownership interest in the home must sign the application and all loan documents. • Borrower(s) will be required to carry hazard insurance for the life of the loan. If applicable, they will also be required to carry flood insurance. Rehabilitation Guidelines • Licensed general contractors who have complied with City licensing and insurance requirements must perform all rehabilitation and construction work. Terms of CalHome Rehabilitation Loans • CalHome Rehabilitation Loans may not be forgiven. • The interest rate for these loans will be zero percent. No loan payments will be due during the term of the loans, which will be 30 years. • The entire loan will be due and payable upon sale or transfer of the property, when the property ceases to be owner occupied, or upon the loan maturity date. • Upon the loan maturity date, and in accordance with CalHome Program regulations, these loans may be amortized over a period of time to be determined by Loan Committee, or may be deferred for an additional period of time to be determined by Loan Committee. • The maximum amount for rehabilitation of an existing manufactured home is $15,000. The maximum amount for rehabilitation of a single-family home is 575,000. Depending on fund availability, up to $25,000 of the $75,000 maximum for single family homes may be funded through the existing owner occupied rehabilitation loan programs offered by the City of Santa Ana and the Community Redevelopment Agency of the City of Santa Ana. EXHIBIT 1 Page 2 20E-4 • All but the first $2,500 of these additional funds spent to remediate health hazards created by lead-based paint, asbestos or mold may be forgiven after all work required by the City or Agency has been completed. As a result, project expenditures funded by the City or Agency may exceed $75,000. • The ratio between total debt on a single family home and its after-rehabilitation value as determined by an appraisal cannot exceed 90 percent. This requirement does not apply to manufactured homes. • Borrower(s) will be required to execute appropriate loan documents incorporating the terms of their loan and the requirements of the CalHome Program. • Loans on single family homes will be secured by means of a promissory note and deed of trust recorded on the property. Loans on manufactured homes will be secured by means of a Statement of Lien added to the home's registration. Replacement Guidelines • Licensed manufactured housing dealers and their representatives must perform all work for the transportation and installation of the replacement unit. • Replacement homes must be newly manufactured, and must be located on an appropriate site in a fully permitted manufactured housing park located in a CDBG eligible census tract in the City of Santa Ana. • Replacement units must be of comparable size as the existing home, unless it is determined the household is overcrowded and a larger unit is required. Terms of CalHome Replacement Loans • The maximum loan amount is $75,000. Depending on fund availability, up to $25,000 of this total may be provided by a City loan funded through the HOME Investment Partnership Act Program. • The ratio between total debt on the home and its market value cannot exceed 100 percent plus a maximum of up to five percent of the sales price to cover actual closing costs. • The City's loan servicer will collect and manage impound accounts for payment of property insurance for the term of the loan. • Borrower(s) will be required to execute appropriate documents incorporating the terms of their loans and the requirements of the CalHome Program. • The CalHome Program loan will be secured by means of a Statement of Lien added to the home's registration. • CalHome Replacement loans may not be forgiven. EXHIBIT 1 Page 3 20E-5 • The interest rate for these loans will be zero percent. No loan payments will be due during the term of the loans which will be 30 years. • The entire loan will be due and payable upon sale or transfer of the property, when the property ceases to be owner occupied, or upon the loan maturity date. • Upon the loan maturity date, and in accordance with CalHome Program regulations, these loans may be amortized over a period of time to be determined by Loan Committee, or may be deferred for an additional period of time to be determined by Loan Committee. City Replacement Loan • The City loan will be amortized for 30 years. • Interest rates will be as follows: Household Income Interest Rate 0 - 50 Percent o£ Area 1.00 Per Annum or 300 basis points below Median the 11`" Distric t Federal Home Loan Bank Monthly Cost of Funds Index, whichever is higher. 51 - 80 Percent of Area 1.50's Per Annum or 250 basis points below Median the 11th Distric t Federal Hom e Loan Bank Monthly Cost of Funds Index, whichever is higher. • Determination of the interest rate will be made at the time of loan approval. • During the term of the loan, upon sale or transfer, when the home is no longer owner-occupied, or upon loan maturity date, the entire principle is due and payable to the City along with the applicable interest rate. • Borrower(s) whose monthly housing debt, inclusive of the City loan, is less than or equal to 30 percent of their gross monthly income will make equal monthly payments in an amount that will fully amortize that loan by its scheduled maturity date. • Borrower(s) whose monthly housing debt allows for partial payments only of the City loan will be required to make such payments. Partial loan payments will be applied first to accrued interest and then to principal. Such borrower(s) must be income-certified every five years to ensure that their monthly housing debt still allows for partial payments only. • Borrower(s) whose monthly housing debt, exclusive of the City loan, is equal to or more than 30 percent may have their loan payments deferred. Such borrower(s) must be income-certified every five years to ensure that their monthly housing debt is still equal to or greater than 30 percent. EXHIBIT 1 Page 4 20E-6 City of Santa Ana 2000 Census Tracts and Block Groups Census Tracts , , u ® ~ ]saos ]53 1 ~ eJ ]fiO. JO ec 02 CDBG Eligibility t ~ x~x.~~~~ € ate. aG~ a a~z e91 0] ~ av' 2sa o4 ]n.0 ]sam s ]s3.03 ~•° 891 02 ]53.02 d ~ cz $ G i 2 ~ ~ ac_x y ]54 OS ~ tl 891 04 91.0 ec.z z ~-° ° S ac ~ ]52 02 ] Gtoo ' ]s o1 ~ , ~ a 6~O.Ot 89.00 891.05 ~ e ]5403 - ec z aox 44.05 69.03 -° ]44.06 aGa y ~~~ -~ ]5002 ]5505 k ~ cr m ~m]4802 eGB301 ~' ~ ~9 4] 99246 ~ 924 e _ 49.01 cn ec eU eG 6 ac ~x eb ~i 99. x ~ ec-x ~ ~ ]46 5 ac-x ]45 > eo-e ]48.03 ec - ]4806 ]a 02 ac p ]44 ] 992 02 ~ ° ~ ]d6 2 ° `~ 34 ]4601 ~ eo z g6] ~~ Ot ~ J4L02 ~ o ]45.02 mx ]4403 ecz / ~ eG' w~ ea ]4108 ]4109 ]41 D2 6 ]41.03 ]42. 0 ea c ~ ec. ]43lJO ~.z ~z ~-z wxEanr ~ w.wxu kv ]40 03 a ~~ ]41.10 x~]4 11eU ~ ]65.15 ]40.05 g ]41 U6 ~ eo • ~ ' s~ o °hy eca E s" az. ~' ac-a N w ]41.W F ]4004 m ~ z ec d ]40.06 ~ ° W~ eo.z ~°b -N- ~~ 0.0 0.5 1.0 1.5 2.0 mi ~~~ tiducaunn Isr zooa Census Block Groups EXHIBIT 2 20E-7 20E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE. CONTRACTS RENEWAL FOR MISCELLANEOUS AUTOMOTIVE PARTS (SPEC. NO. 03-026) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for miscellaneous automotive parts and non-stock items for a one-year period in the following annual amounts not to exceed: Vendor: Orange County Auto Parts Factory Motor Parts Adamson Industries Power Chevrolet Irvine The Truck Lighthouse Truck & Auto Supply Inc. d/b/a TrucParCo Location: Amount: Santa Ana $30,000 Anaheim $15,000 Costa Mesa $30,000 Irvine $10,000 Santa Fe Springs $20,000 Anaheim $10,000 DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency regularly replaces miscellaneous automotive parts as part of the preventative maintenance program for City vehicles. The parts are purchased and inventoried at the City's Corporate Yard by Fleet Maintenance Personnel. Non-stock items are ordered on an as-needed basis. The contracts allow for automotive parts replacement as required. On April 7, 2003, the City Council awarded contracts to the above listed vendors for a two-year period, with provision for three one-year renewals. All the vendors have agreed to the second renewal option to the contracts, however, increases in raw materials including plastics and steel have resulted in price increases across the board of 5 percent to 10 percent. Due to low demand of the stock parts offered, the contract with Bob Stall Chevrolet will not be renewed. Adamson Industries and The Truck Lighthouse contracts are increased to cover vehicle parts to convert new Police sedans to fleet specifications. The contract for Orange County Auto Parts reflects increased usage. The recommended vendors have performed satisfactorily 22A-1 Contract Renewal for Miscellaneous Automotive Parts (Spec No. 03-026) April 3, 2006 Page 2 during the past contract period. Staff recommends the second renewal of the contracts. FISCAL IMPACT Funds are budgeted and available in the Equipment Maintenance Operating Materials & Supplies account (account no. 75-111-6391). I~Francisco Gutierrez `D Executive Director Finance and Management Services Agency(„' FG/KM/03-026R.2:uc 22A-2 REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: ~~~ ~dvUUOn lsr CONTRACT RENEWAL FOR PRINTER MAINTENANCE (SPEC. NO. 03-105) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Varitek, Inc. for printer maintenance for a one- year period in the annual amount not to exceed $20,000. DISCUSSION The City of Santa Ana utilizes various printers throughout the organization to facilitate daily operations. The printers vary in type from individual desktop to network; InkJet to LaserJet; and black and white to color. A contract for on-call and preventative maintenance, including replacement parts is essential for maximum efficiency. On January 20, 2004, the City Council awarded a contract to Varitek, Inc. for a one-year period, with provision for three 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 second renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Other Contractual Services accounts (object code 6291). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez a Executive Director Finance and Management Services Agency i FG/SP/03-1O5R.2:uc 22B-1 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACTS RENEWAL FOR LAMPS, BALLASTS, AND ACCESSORIES (SPEC. NO. 04-023) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for lamps, ballasts, and accessories for a one-year period in the following annual amounts not to exceed: Vendor: West-Cite Supply Co. Rayvern Lighting Supply AAA Electrical Supply, Inc One Source Distributors I.E.S./I.L.S. Location: Cerritos Paramount Montebello Irvine Santa Ana Amount: $18,878 $15,090 $10,153 $ 5,153 $ 5,126 DISCUSSION The Central Stores section of the Finance and Management Services Agency provides lamps, ballasts, and other electrical accessories as necessary to maintain the needs of various departments throughout the City. The contracts for lamps, ballasts, and accessories are designed to provide quality products at significant savings based on quantity pricing. On April 19, 2004, the City Council awarded contracts for lamps, ballasts, and accessories to AAA Electrical Supply, I.E.S./I.L.S., a Santa Ana vendor, One Source Distributors, Rayvern Lighting Supply and West-Cite Supply Co. for a two-year period with provision for three one-year renewals. All of the vendors have performed satisfactorily during the past contract period. One Source Distributors, I.E.S./I.L.S. and Rayvern Lighting Supply have agreed to renew the contracts without an increase in pricing. AAA Electrical Supply and West-Cite Supply Co. have also agreed to renew the contracts; however, the vendors are requesting price increases due to increases from the manufacturers. AAA Electrical Supply is requesting a 4 percent increase and West-Cite Supply is requesting minimal price increases on selected items. Staff recommends the first renewal of the contract with the recommended vendors. 22C-1 Contract Renewal and Accessories (Spec. No. 04-023) April 3, 2006 Page 2 FISCAL IMPACT for Lamps, Ballasts, Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). /~~rancisco Gutierrez ro Executive Director Finance and Management FG/WO/04-023R.2:uc Services Agency`' l 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACT RENEWAL FOR PLASTIC TRASH CAN LINERS (SPEC.. NO. 04-039) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with S&G Diversified Products, formerly Spectrum Packing for plastic trash can liners for a 12-month period in an annual amount not to exceed $38,000. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides plastic trash can liners to various departments throughout the City. The contract for plastic trash can liners is designed to provide quality products at significant savings based on quantity pricing. On May 17, 2004, the City Council awarded a contract to S&G Diversified Products, formerly Spectrum Packaging for a 12-month period, with provision for two 12-month renewals. The vendor has agreed to renew the contract; however, the vendor has requested a 22 percent increase due to increases from the manufacturer as a result of rising costs for petroleum based products. The vendor has performed satisfactorily during the past contract period, and staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~~_~ ~E'rancisco Gutierrez Executive Director Finance and Management Services Agencyf~ J FG/BP/04-039R.2:uc 22D-1 22D-2 REQUEST FOR ~~ COUNCIL ACTION ti°°°°°°'$° CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACT RENEWAL FOR TRAFFIC FLARES (SPEC. N0.04-043) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with Adamson Purchase Provision of the County flares for a one-year period in a the aggregate limit for drug test for a one-year period in the amoun Police Products under the Cooperative of Orange, for the purchase of traffic n amount to exceed $15,541; and increase kits and miscellaneous police supplies t not to exceed $25,000. DISCUSSION The Santa Ana Police Department issues traffic flares to officers for use in the performance of their duties. Traffic flares have a variety of uses by the officers, including routing of traffic during special events, and cordoning off traffic during crime and accident investigations. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Orange recently renewed the contract with Adamson Police Products for traffic flares for a one-year period. The initial contract was awarded as a result of open, competitive bidding, and meets the City requirements. Staff recommends the renewal to the contract. 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. Adamson Industries provides a variety of supplies to the Police Department including ammunition, fingerprint and drug test kits, and patrol sedan equipment. In order for the Police Department to continue using Adamson Industries for these supplies, staff recommends approval of an increased aggregate limit. 22E-1 Contract Renewal for (Spec. No. 04-043) April 3, 2006 Page 2 FISCAL IMPACT Traffic Flares Funds are available in the Police Property & Facilities Operating Materials & Supplies account (account no. 11-343-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters /~jFrancisco Gutierrez Chief of Police ~-/U~ Executive Director Finance & Mgmt. Services Agency PMW/SP/04-043R.7:uc V 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CLERK OF COUNCIL USE ONLY: APPROVED CONTRACT RENEWAL FOR RECREATION PROGRAM BROCHURE (SPEC. NO. OS-033) CITY MANAGER RECOMMENDED ACTION ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Rodgers & McDonald Publishers, Inc. for recreation program brochures for a one-year period in the annual amount not to exceed $23,000. DISCUSSION The Parks, Recreation and Community Services Agency conducts a number of leisure classes and recreation programs throughout the City's parks and community centers. These classes and programs include sports activities, health, fitness and education, visual and performing arts, and safety procedures. To effectively market these programs to the widest audience, staff contracts to have a bi-annual recreation program brochure printed and mailed to the community. This brochure also contains several sections in Spanish. On May, 2, 2005, the City Council awarded a contract to Rodgers & McDonald Publishers, Inc., with provision for two one-year renewals. Rodgers & McDonald Publishers, Inc. has agreed to renew the contract; however, the vendor has requested a four percent increase due to mill paper cost increases. The vendor has performed satisfactorily during the past contract period, and staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Recreation Community Services Youth Guidance Other Contractual Services account (account no. 11-275-6291). ~~~ ~~ ~~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/OS-033R.8:uc 2 2 F ~1 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACT AWARD FOR FIREARMS (SPEC. NO. 06-003) CI~ MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to LC Action Police Supply for the purchase of firearms in the amount of $11,261.03. DISCUSSION The Santa Ana Police Department Traffic Division has approximately 25 motor officers. Motor officers are issued firearms for protective measures in the line of duty. The current models are over 12 years old and the finish has begun to deteriorate as a result of constant exposure. The recommended action will allow for replacement and issuance of a new weapon to motor officers. The notice inviting bids was advertised on February 22 and 24, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 3 Invitations For Bid mailed 2 Invitations For Bid received Bids were received and opened on March 8, 2006. The bid received from LC Action Police Supply is responsive to the specifications and meets the City's requirements. Bid results are as follows: Vendor: Amount: LC Action Police Supply $11,261.03 All State Police Equipment Company $11,376.88 22G-1 Contract Award for Firearms (Spec. No. 06-003) April 3, 2006 Page 2 FISCAL IMPACT Funds are available in the Office Of Safety Grant OTS Traffic Offender Program Grant Operating Materials & Supplies account (account no. 165-336- 6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ( ~`~ LtiLl.Ildf~~ Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency PMW/TO/06-003.7:uc 22G-2 REQUEST FOR ~~ COUNCIL ACTION ti°°"°°"'s= CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 3, 2006 RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contact to CDCE, Incorporated for NetMotion Wireless software maintenance support for a 3-year period in an amount not to exceed $31,500. DISCUSSION The Information Services Division (ISD) of the Finance and Management Services Agency is responsible for providing wireless data communication services and related infrastructure for use citywide. To ensure the highest possible quality mobile computing service, ISD requires licensing of specialized wireless mobility software. The software will provide centralized, flexible tools for managing applications, devices, and users in a wireless network environment thus allowing ISD to have more complete control over the City's mobile computing environment. Current agencies utilizing wireless data include the Police Department, the Public Library, and the Planning and Building Agency. The Police Department uses wireless data communication to provide mobile access in patrol vehicles and other computerized law enforcement-related systems; the Library uses wireless data communication to connect its bookmobile to the Library's management software; and the Planning and Building Agency is in the early stages of using wireless data communication to support field operations. In addition, other agencies are currently developing computer systems that will use wireless data communications for mobile access to their systems. The notice inviting bids was advertised on March 3 and 6, 2006 and bids were solicited. A summary of the bid received is as follows: 3 Invitations For Bid mailed 1 Bid received 22H-1 TITLE: CONTRACT AWARD FOR NETMOTION WIRELESS SOFTWARE MAINTENANCE SUPPORT (SPEC. NO. 06-018) Contract Award for NetMotion Wireless Software Maintenance Support (Spec. No. 06-018) April 3, 2006 Page 2 Bid was received and opened on March 14, 2006. The bid received from CDCE, Incorporated is responsive to the specification and meets the City's requirements. FISCAL IMPACT Funds are available in the Finance & Management Services Communication Services Other Contractual Services account (account no. 102-171-6291). yxancisco Gutierrez Executive Director Finance and Management Services Agency ~~ FG/TO/06-018.2:uc 22H-2 REQUEST FOR ~~ COUNCIL ACTION EdpCtlO^is~ CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CLERK OF COUNCIL USE ONLY: APPROVED CONTRACT AWARD FOR TRUCK MOUNTED ARTICULATING CRANE (SPEC. NO. 06-022) CI Y MANAGER RECOMMENDED ACTION ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on god Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to the Morgan Company to provide and install a truck mounted articulating crane in the amount of $43,141.20 and increase the aggregate limit for miscellaneous crane parts and service in an amount not to exceed $20,000 annually. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. The Public Works Agency's Tree Maintenance Division is responsible for maintaining approximately 55,500 trees. A truck mounted crane assists the crew in moving heavy items such as tree stumps, large boxed trees, and fallen trees. Due to age and condition, a 1993 Palfinger articulating crane has been approved for replacement in the current fiscal year. The notice inviting bids was advertised on February 3 and 6, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 5 Invitations For Bid mailed 4 Bids received Bids were received, opened on February 15, 2006, and evaluated (Exhibit 1). Bid received from Morgan Company is responsive to the specifications and meets the City's requirements. 221-1 Contract Award for Truck Mounted Articulating Crane (Spec. No. 06-022) April 3, 2006 Page 2 Morgan Company provides for the purchase of crane parts and service as required. The purchase of the articulating crane, when combined with previous purchases by Fleet Services during the current fiscal year exceeds the $10,000 aggregate limit. In order to facilitate future repairs, staff recommends an increase to the aggregate amount. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641) for $43,141.20; and the Equipment Maintenance Garage Operation Operating Material & Supplies account (account no. 75-111-6391) for $20,000. ~rancisco Gutierrez Executive Director Finance and Management Services Agency`u FG/KM/06-022.2:uc 221-2 ABSTRACT OF BIDS CONTRACT AWARD TRUCK MOUNTED ARTICULATING CRANE (SPEC. NO. 06-022) VENDOR MORGAN CO. GREAT TEREX MASTER EDDY PACIFIC UTILITIES SALES & SERV EQUIPMENT LOCATION FONTANA FONTANA ONTARIO SOUTH GATE TERMS NET 30 NET 30 NET 30 1/2~ 20 DAYS CRANE: LABOR $ 1,800.00 NA $ 12,666 PARTS $ 42,080.00 $ 65,442.00 $ 73,796 SALES TAX $ 3,161.20 $ 5,071.55 $ 5,719 TRADE-IN CR $ 4,000.00 $ 1,000.00 $ 500 TOTAL $ 43,141.20 $ 69,153.75 $ 91,681 TERMS DISC $ - $ - $ GRAND TOTAL $ 43,141.20 $ 69,153.75 $ 91,681 DELIVERY 160 DAYS 180 DAYS 150 DAY: CRANE PM IMT EFFER 12022 11/76 110 2S 2006 2006 2006 SUMMARY OF BID AWARD TOTAL AWARD IN THE AMOUTN OF: Exhibit 1. 00 $ 27,246.00 00 $ 69,250.00 19 $ 7,478.21 00 $ 500.00 19 $103,471.21 $ 517.37 19 $102,957.07 200 DAYS EFFER 11025 2006 MORGAN COMPANY $ 43,141.20 221-3 221-4 REQUEST FOR ~~ COUNCIL ACTION ,r°°°°°"'e° CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACT AWARD FOR FLAT BED TRUCK (SPEC. NO. 06-023) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on god Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to West Covina Motors, Inc. for the purchase of one flat bed truck in the amount of $43,958.77. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid trucks are not manufactured above the half-ton category. The Parks, Recreation and Community Services Agency operates two portable stages used by City agencies including neighborhood groups, local businesses and service organizations on a daily basis. The portable stages are pulled by a flat bed truck. Due to age and condition, one 1987 GMC truck has been approved for replacement in the current fiscal year. The notice inviting bids was advertised on February 3 and 6, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 1 Invitation For Bid mailed to Santa Ana vendor 3 Bids received 22J-1 Contract Award for Flat Bed Truck (Spec. No. 06-023) April 3, 2006 Page 2 Bids were received and opened on February 15, 2006, and evaluated (Exhibit 1) The bid received from West Covina Motors, Inc. for one Chevrolet Kodiak flat bed truck is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). /Francisco Gutierrez ~J~1 Executive Director Finance and Management Services Agency FG/KM/06-023.2:uc 22J-2 ABSTRACT OF BIDS CONTRACT AWARD FLAT BED TRUCK (SPEC. NO. 06-023) VENDOR WEST COVINA VICTOR BUICK LAKE MOTORS GMC TRUC K CHEVROLET LOCATION WEST COVINA CORONA L AKE ELSINOAE TERMS NET 30 $500 20 DAYS 2& 30 DAYS VEHICLE $ 40,797.00 $ 45,113. 50 $ 48,723.00 SALES TAX $ 3,161.77 $ 3,496. 30 $ 3,776.04 TIRE FEE INCL $ 12. 25 $ 12.25 TOTAL $ 43,958.77 $ 48,622. 05 $ 52,511.29 TERM DISC. $ - $ 500. 00 $ 1,050.23 GRAND TOTAL $ 43,958.77 $ 48,122. 05 $ 51,461.06 DELIVERY 110 DAYS 180 DAYS VEHICLE CHEVY CHEVY C4500 TC4C042 2007 2006 CHEVY KODIAK over the 1-ton category SUMMARY OF BID AWARD TOTAL AWARD IN THE AMOUTN OF: 150-180 DAYS CHEVY CC4C042 2007 WEST CONVINA MOTORS, INC. $ 43,958.77 Exhibit 1. 22J-3 22J-4 REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACT AWARDS AND AGREEMENT FOR COUNCIL CHAMBERS AND CONTROL ROOM UPGRADES (SPEC. NOS. 06-031, 06-0 A/N//D/~ 06-030) ,- LL ~~ CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award contracts to VMI, Inc. and TV Magic, Inc. for video production equipment in a total aggregate amount not to exceed $190,000. 2. Award a contract to Troxell Communications for language translation equipment in the amount not to exceed $15,000. 3. Award a contract to California Stage & Lighting, Inc. for Council Chambers lighting improvements in the amount not to exceed $20,000. 4. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Adelphia Cablevision of Santa Ana to install a fiber-optic run to City Hall, in an amount not to exceed $21,180. DISCUSSION The City of Santa Ana received a capital grant from Adelphia Cablevision of Santa Ana to purchase equipment that supports the public access, education, and government (PEG) programming needs of City Channel 3 and the Council Chambers control room. The new video production equipment will replace old analog equipment that is becoming obsolete. Most of this equipment is 15 to 20 years old. The new digital equipment will provide staff with the technology to produce high quality programming that feeds into City Channel 3. The notice inviting bids for video equipment was advertised on February 22 and 24, 2006, and bids were solicited. Vendors were provided the opportunity to bid on 104 distinct items. None of the respondents bid on all 104 items contained in the invitation. The bids received from VMI, Inc. and TV Magic, Inc. are the most responsive to the specification. A contingency has been added to the award amount for freight costs and unanticipated requirements. (See exhibit 1) 22K-1 Contract Awards and Agreement for Council Chambers and Control Room Upgrades (Spec. Nos. 06-031, 06-026 And 06-030) April 3, 2006 Page 2 The language translation equipment will provide the headphones, hardware and audio components necessary to translate council meetings into Spanish. In addition, this equipment will be used for a possible future Spanish simulcast on City Channel 3. The notice inviting bids for Language Translation Equipment was advertised on February 13 and 15, 2006, and bids were solicited. Bid was received from Troxell Communications and it is responsive to the specification. A contingency amount has been added to the award amount for unanticipated requirements. (See exhibit 1) The Council Chambers lighting improvements will provide better quality lighting for digital video productions. In addition, the new lighting is energy efficient, cooler and will be an aesthetic improvement to the Council Chambers. The notice inviting bids for Lighting Equipment was advertised on February 22 and 24, 2006, and bids were solicited. Bid was received from California Stage & Lighting, Inc. and it is responsive to the specification. A contingency amount has been added to the award amount for freight costs and unanticipated requirements. (See exhibit 1) The fiber-optic run from Ross Street to the City Hall basement will provide a digital signal in and out of City Hall to replace the I-Net technology that Adelphia will soon discontinue, and provide possible future City Channel 3 upgrade capability to high definition and Spanish simulcast. FISCAL IMPACT Funds are available in the Parks, Recreation & Community Services Agency Cable Television Support Expenditure accounts (account nos. 21-231-6291 and 21-231-6391.) APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Gerardo Moue,_ Executive Director Parks, Rec. & Comm. Svcs. Agency ~. ~ ~~ ~ `~ Francisco Gutierrez ~ 1 Executive Director Finance & Mgmt. Services Agency GM/BP/06-031.8, 06-026.8, 06-030.8 & AGR.A.S:UC 22K-2 ABSTRACT OF BIDS CONTRACT AWARD FOR VIDEO PRODUCTION EQUIPMENT (SPEC. NO. 06-031) Bids were received and opened on March 9, 2006. The results were as follows: Vendor VMI, Inc. TV Magic, Inc. A-Vidd Electronics Location L os Alamitos San Diego Long Beach Number of items offered of 85 81 26 104 items requested Items awarded 50 42 0 Total Value $ 84,837.03 $ 71,489.43 $ - Freight charges are not included. Twelve of 104 items were either not available or did not meet specification. ABSTRACT OF BIDS CONTRACT AWARD FOR LANGUAGE TRANSLATION EQUIPMENT (SPEC. NO. 06-026) Bid was received and opened on February 28, 2006. The results were as follows: Vendor Troxell Communications Location Los Alamitos Total Cost $ 10,731.90 ABSTRACT OF BIDS CONTRACT AWARD FOR LIGHTING EQUIPMENT (SPEC. NO. 06-030) Bid was received and opened on March 9, 2006. The results were as follows: Vendor California Stage & Lighting Location Santa Ana Total Cost $ 17,686.41 Freight chargers are not included Exhibit 1 22K-3 22K-4 REQUEST FOR ~~ COUNCIL ACTION Edpcauon ,s~ CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE. CONTRACT AWARD FOR FIRE HOSE (SPEC. N0.06-033) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Publlc Hearing For ~~1/ !.r CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to L. N. Curtis & Sons for fire hose for a one-year period in the annual amount not to exceed $30,000. DISCUSSION The Fire Department has established an ongoing replacement program for fire hose. Fire hose is replaced at a rate of one engine load per year, eliminating a need for mass purchases. The replaced fire hose is used on reserve fire apparatus or stored for unexpected emergencies. The notice inviting bids was advertised on February 22 and 24, 2006, and bids were solicited. A summary o£ the bid invitations and bids received is as follows: 15 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 1 Bid received Bid was received, opened on March 3, 2006, and evaluated. The bid received from L. N. Curtis & Sons is responsive to the specification. To allow for unanticipated requirements, an additional contingency amount has been included. FISCAL IMPACT Funds labl are ava_~ in the Fire Maintenance Operating Materials & Supplies accoun l n t ( oupt 327-6391) . 11 ' /!// ~- ND O FUNDS A APPROVED AS T ACCOUNTS: / ~\ ~f / - ~GC ~ G~l ~~A P ill p Garcia ~vy C ~I ~~Francisco Gutierrez 6~ Fi e hief Executive Director / Finance & Mgmt. Services Agencyl~ L'~ ~ PG/Sp 06-033.3:uc LL 22L-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACT AWARD FOR MISCELLANEOUS SUPPLIES (SPEC. NO. 06-049) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Grainger for the purchase of miscellaneous supplies based upon the Western State's Contracting Alliance (WSCA) contract for a two-year period with provision for three one-year renewals, in the annual amount not to exceed $30,000. 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. Grainger provides hand tools, welding supplies, ladders and a variety of sundry supplies to all City agencies as needed. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Grainger contract for the purchase of miscellaneous supplies was awarded as a result of open, competitive bidding, and meets the City's requirements. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). (Francisco Gutierrez ~" rlVl Executive Director Finance and Management Services Agencyj,i FG/KM/06-049.2:uc JW 22M-1 22M-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 3, 2006 TITLE: CONTRACT AWARD FOR FIRING RANGE UPGRADE AND MAINTENANCE (SPEC. NO. 06-050) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2°d Reading ^ Implementing Resolution ^ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Meggitt Defense Systems (MDS) Caswell for firing range upgrade and maintenance in the amount of $44,500. The Santa Ana Police Department's firing range consists of an upper and lower range. Each range has six shooting bays and a Caswell computer-based target. system. The Caswell target system allows range masters to pre- program each bay's target. Targets are programmed to move forward, backward, and face or face away from the shooter. Santa Ana officers as well as 17 outside agencies use the firing range on a continuous basis for training. The current Caswell target system installed in 1997 is obsolete, requires constant maintenance and repair, and is no longer reliable. Staff has determined that an upgrade to the current Caswell target system is more cost effective than complete replacement, and is necessary to allow officers to continue to use the firing range to maintain and improve their firearm skills. The upgrade to the current system includes new software, hardware, and mechanical parts required to run the target system. MDS Caswell, the sole source provider for the Caswell target system has agreed to upgrade the current target system to include installation, training and maintenance. As a result, staff recommends Council approval of the upgrade. 22N-1 Contract Award for Firing Range Upgrade and Maintenance (Spec. No. 06-050) April 3, 2006 Page 2 FISCAL IMPACT Funds are available in Police Building & Facilities Machinery & Equipment account (account no. 11-350-6641). APPROVED AS TO FUNDS AND ACCOUNTS: ('~ ~./tit ' ~1_~ ~~ ~ l2liN..(J~St `--~---~ Paul M. Walters ,Francisco Gutierrez Chief of Police ~ Executive Director Finance & Mgmt. Services Agency(' PMW/TO/06-050.7:uc 22N-2 REQUEST FOR ~'~ C O U N C I L ACTION ti°°°`°°'s~ CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACT RENEWAL FOR BLOOD AND BREATH TECHNICIAN SERVICES (SPEC. N0. 7-015) C TY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with California Forensic Phlebotomy, Inc. for blood and breath technician services for a one-year period in an annual amount not to exceed $75,000. DISCUSSION California Forensic Phlebotomy, Inc. provides blood alcohol level testing and analysis, drug content, blood typing, and DNA testing for the Forensics Division of the Santa Ana Police Department. The testing is required for use as evidence in the prosecution of criminal cases. California Forensic Phlebotomy, Inc., the current provider of blood and breath technician services for all Orange County law enforcement agencies has agreed to the renewal of the contract . Due to an increase in labor costs and numerous other expenses, the service provider has requested a 6.3 percent increase in the cost per test. California Forensic Phlebotomy, Inc. has been providing service to the City since 1992, and has performed satisfactorily during the past year. The Police Department recommends the renewal to the contract. FISCAL IMPACT Funds are available in the Police Patrol Other Contractual Services account (account no. 11-337-6291). Paul M. Walters Chief of Police APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~-/~ ~~,Francisco Gutierrez ~- Executive Director Finance & Mgmt. Services Agency~~ PMW/SP/97-O15R.7:uc 2 2 0 '1 220-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: Edocn[:on ist CONTRACT AWARD FOR LIGHTING IMPROVEMENTS ON BRISTOL STREET] LA VETA AVENUE BRIDGE OVER THE I-5 FREEWAY (PROJECT NO. 2609) r TY MANAGER ~/' RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Moore Electrical Contracting, Inc., the lowest responsible bidder, in accordance with a lump sum price in the amount of $223,121 for construction of lighting improvements on the Bristol Street/La Veta Avenue Bridge over the I-5 Freeway. 2. Approve a Funding Analysis with a total estimated construction cost of $279,000. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a cooperative agreement with the City of Orange for Construction and Maintenance of lighting improvements on the Bristol Street /La Veta Avenue Bridge over the I- 5 Freeway. DISCUSSION The Bristol StreetjLa Veta Bridge was constructed as part of the Caltrans improvements to widen the I-5 Freeway (Exhibit 1). Caltrans has provided conduits and footings for future street lights on the bridge but the wires, light poles and service cabinet will be installed by the cities of Santa Ana and Orange. Once completed, this project will enhance vehicular and pedestrian safety in the area. It is recommended that the cities of Orange and Santa Ana enter into an agreement to install and maintain these street lights with the City of Santa Ana being the lead agency for the design and construction phases of the project. The cities will share the cost of the project equally. 23A-1 Lighting Improvements La Veta Avenue Bridge April 3, 2006 Page 2 on Bristol Street/ Over The I-5 Freeway The Notice Inviting Bids was advertised on January 18 and 20, 2006, and bids were opened on February 16, 2006. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: NAME OF BIDDER 0 5 3 0 CITY BID AMOUNT 1. Moore Electrical Contracting, Inc. Corona $223,121 2. Mel Smith Electric, Inc. Stanton $294,700 A total of three bids were received and two were responsive. Oak Engineering, Inc. does not possess the proper contractors' license and failed to notarize their bidder's signature on the bid bond as required by the bidding documents. The bidding document stipulates that the successful bidder must possess or obtain a Class C-10, Specialty Electrical Contractor's license, prior to the scheduled award date of the contract. Oak Engineering, Inc. (OEI) has only a Class A, General Engineering Contractor's license. OEI did not show its intention to obtain a C-10 license but instead submitted a letter to the City protesting the licensing requirement. OEI contended that a Class A contractor under California Business and Professional Code would be qualified to perform work included in this project. Although the Contractor could perform the work under class "A" license, the City has the discretion to decide which classification is necessary for bidding on a project. This project is exclusively electrical work. Public Works staff has determined that a Class C-10 Electrical contractor is more suitable for this project than a Class A General Engineering contractor. Based on the above, staff has determined that OEI's bid fails to comply with two provisions of the bidding documents and therefore recommends OEI's bid be treated as non-responsive. On March 21, 2006, a protest meeting was held before the Executive Director of Public Works Agency and no new information was provided by OEI to change our recommendation. The lowest responsive bid was submitted by Moore Electrical Contracting, Inc., for $223,121, which is above the Engineer's estimate of $207,500. 23A-2 Lighting Improvements La Veta Avenue Bridge April 3, 2006 Page 3 ENVIRONMENTAL IMPACT on Bristol Street/ Over The I-5 Freeway After completion of Environmental Review No. 2005-2, a Class 1 Categorical Exemption will be filed for this project pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $279,000 for the project (Exhibit 2). Funds are available in the Transportation System Improvement Area C Fund (account no. 990-631-6631) and the Measure M Construction Fund (account no. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ James Ross .. r- ~rancisco Gutierrez ~ nj Executive Director ~ Executive Director Public Works Agency V Finance & Mgmt. Services Agency 23A-3 w z w Q w g CAL TRANS R/W /,. / ~Qy / ~Q~ /- \/~ / i /,. / . / . I / / / /, /. /,. ,. c~~ O~?~ PAP / O~ /'~~P ,.l ~' P /,~y ~ R/w G\ .~ / / N CV WI 1N / /~ \ ~ >0 \'•~ ~d~ LEGEND -1/ N.T.S. SANTA ANA Pi ~~ Title: ® -PROJECT AREA EXHIBIT 1 PROJECT NO. 2609 LIGHTING IMPROVEMENTS ON BRISTOL STREET/LA VETA AVENUE BRIDGE OVER THE I-5 FREEWAY L 23A-4 FUNDING ANALYSIS PROJECT 2609 LIGHTING IMPROVEMENTS ON BRISTOL STREET/ LA VETA AVENUE BRIDGE OVER THE I-5 FREEWAY Construction Contract Contract Administration Inspection and Testing Contingencies $223,121 15,767 17,800 22,312 TOTAL ESTIMATED CONSTRUCTION COSTS $279,000 Exhibit 2 23A-5 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: CONTRACT AWARD P'OR CIVIC CENTER DRIVE SANITARY SEWER IM,PROVEMENT3 (PROJECT 06-3511) r~'~' "y Edpcanon ~sr 7 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Dominguez General Engineering Contractor, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $775,625 for construction of Civic Center Drive Sanitary Sewer Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $969,900. The existing sewer mains on Civic Center Drive from Bristol to Flower Streets were built in the 1920's iExhibit 1). These sewer mains have exceeded their expected life and are deteriorated and undersized. This project will provide for installation of sewer mains, laterals, manholes, and cleanouts. Once completed, the project will increase the capacity of the sewer system as well as eliminate the maintenance problems associated with older and deteriorated sewer mains. The Notice Inviting Bids was advertised on February 1 and 3, 2006 and bids were opened on March 4, 2006. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 4 Contractors requesting bidding documents: 18 Bids received: 8 Bids received from Santa Ana Contractors: 0 23B-1 Civic Center Drive Sanitary Sewer Improvements April 3, 2006 Page 2 NAME OF BIDDER CITY 1. Dominguez General Engineering Rosemead Contractor 2. Beador Construction Company, Inc. 3. GCI Construction, Inc. 4. Prkacin Company 5. SRD Engineering, Inc. 6. Clarke Contracting Company 7. Ken Thompson, Inc. BID AMOUNT $ 775,625.00 Corona $ 794,300.00 Costa Mesa $ 819,467.50 Glendale $ 825,472.00 Anaheim $ 847,500.00 Lawndale $1,312,815.00 Corona $1,423,265.00 A total of 8 bids were received and all but one were responsive. Ciedro Construction failed to notarize their bidder's signature on the bid bond as required by the bidding documents and therefore, Ciedro Construction's bid is non-responsive. The lowest bid was submitted by Dominguez General Engineering Contractor, for $775,625, which is above the Engineer's estimate of $727,925. LNVIROI3MEI3TAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER no. 2006-18 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $969,900 for the project (Exhibit 2). Funds are available in the Sanitary Sewer Service Fund (account no. 55-532-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross /Francisco Gutierrez r Executive Director ~A Executive Director ~1^ Public Works Agency UUU Finance & Mgmt. Services Agency K:\COnstruction\RFCA-draft\06-3511 60WD 23B-2 ~~ ~ ~ i J II '~ ~~~, ~ ii~, ~,., ~i ~Ma ~ roa. .~ I J~ e ~ / /_ I ~4 (1A( 1 ~ 3 I ~[ ~ 111 rwv,o ~ 1 ~~-i ~ lY l I ~ r / i ..~__f J6MEFM ~ f ~ ~ y~ - _ ,~ ~ pq - ~ ~ co,r n ~e r[ k ~ Ill~~l I ~I~~ 1, ~ - I I l1 i ~~ I I I ~ ~~ li !i ~ounii i ~ ~I ~ ~~ 1, I -- 1 L ~ ~ I ~ , ~- I /, - .., ~ I w._ 111 L ___ 1, ~. ,A~~ti ~ l) `~ 1~ __~~ ~ f ~r=_ ~ ` rma~ ,~ _ ~ - J ~ ~ LDIN( k ' 1~ ~ I ii ~. ~JI I _ ...- 171N I Sf REEf ~ ~ ~ m ~ ~i GIVIG GENfEK OR IVE _-+ er _ - P _~ _ T LOCATION SANfA ANA 6W0 ~ z o ~ a ~ 3 ` 'a ~i O ~ ~ ~: m ~~ 151 5f L__ PROJECT LOCATION -_ --_ EXHIBIT 1 ShM A ANA City Council Title PROJECT 06-3511 \~/ Agenda Date CIVIC CENTER DRIVE April 3, 2006 SANITARY SEWER IMPROVEMENTS P~d~~.oa.~,~„~, - - 23B-3 ~~t~ JJ `VV1- FUNDING ANALYSIS PROJECT 06-3511 CIVIC CENTER DRIVE SANITARY SEWER IMPROVEMENTS Construction Contract $ 775,625 Contract Administration 30,840 Inspection and Testing 50,272 Survey Staking 35,600 Contingencies 77,563 TOTAL ESTIMATED CONSTRUCTION COSTS 5~969~.900 Exhibit 2 23B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2006 TITLE: AMENDED AGREEMSNT WITH WASTE MANAGEMENT INC. FOR REFUSE COLLECTION AND RECYCLING ~~ Education 1st CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO - ~ - C~ ~ J-~/~~, -~C ~OG~ 3 -ZO ~~G,~ ~ FILE NUMBER ~_ ~ _~~ Approve .and authorize the City Manager and the Clerk of the Council to execute an amended agreement with Waste Management Inc. for collection and recycling of the City's solid waste. DISCUSSION In 1996 the City entered into an exclusive agreement with Waste Management Inc. to collect and recycle the City's residential, commercial and industrial waste. With that agreement the City implemented the three-cart curbside program, the wet/dry commercial program and the sorted industrial waste programs that are currently in place. That agreement has been amended to provide alley and parkway clean-up. The proposed amended agreement will incorporate the additional services to the City into one agreement and extend the term of the agreement through the year 2018. In exchange, the City will receive $1,000,000 in fiscal year 05-06 and $500,000 in each of the remaining years of the agreement. These payments will not affect customer rates. Customer rates will continue to be competitive. In 2004 Santa Ana's curbside rates were mid range and commercial rates were in the lower one- third of the rates in the County. Currently, these rates may be increased each year by 7.5~. With the proposed amended agreement the rates can only be increased each year by 5 percent. Under the proposed amended agreement Waste Management will continue to utilize the trucks purchased by the City in 1996 and will begin replacing them in 2006 with low emission vehicles. In addition, collection of televisions, computers and monitors will be included with the City's large item pickup service for curbside customers. 25A-1 KCVVMMCIVUCU AV I IVN Amended Agreement With Waste Management Inc. January 17, 2006 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City will receive $1,000,000 in fiscal year 05-06 and $500,000 each year thereafter through the term of the agreement. The funds will be deposited into the refuse collection fund (account no. 69-01-5112). James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25A-2 THIRD AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA by and between THE CITY OF SANTA ANA AND USA WASTE OF CALIFORNIA INC. 25A-3 TABLE OF CONTENTS RECITALS .................................................................................................................................... 1 AG REEMENT .............................................................................................................................. 2 1. GRANT OF CONTRACT ...................................................................................................... 2 2. TERM OF CONTRACT ......................................................................................................... 2 3. DEFINITIONS ........................................................................................................................ 3 4. SCOPE OF SERVICE ............................................................................................................ 6 5. COLLECTION HOURS ......................................................................................................... 7 6. HOLIDAYS ............................................................................................................................. 7 7. FREQUENCY OF COLLECTIONS ...................................................................................... 7 8. MAINTENANCE OF SCHEDULES ..................................................................................... 7 9. EXCLUSIVENESS OF AGREEMENT ................................................................................ 7 10. SOLID WASTE PROGRAM SURCHARGE ...................................................................... 9 11. AUTOMATED SYSTEM ..................................................................................................... 9 (a) LICENSE .................................................................................................................... 9 (b) FINANCING ............................................................................................................ 10 (c) MAINTENANCE OF LICENSED EQUIPMENT ................................................. 10 (d) OPERATION OF LICENSED EQUIPMENT ........................................................ 10 (e) FUEL FOR LICENSED EQUIPMENT .................................................................... 10 (fl OPTION TO PURCHASE ....................................................................................... 10 (g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES ............................................................................................. 11 i 2 5A-4 12. COLLECTION POINTS AND REQUIlZEMENTS ........................................................... 11 13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY OPERATIONS ................................................................................................................ 12 (a) CITY GOVERNMENT OPERATIONS ................................................................. 12 (b) STREET SWEEPING .............................................................................................. 12 (c) NEIGHBORHOOD CLEANUPS ........................................................................... 12 14. COLLECTION, RECYCLING, YARD WASTE DNERSION AND DISPOSAL REQUIItEMENTS ......................................................................................................... 13 (a) CURBSIDE SERVICE ............................................................................................ 13 (1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts....... 13 (2) Recyclable Solid Waste Collection and Recycling Plastic Carts ............... 13 (3) Yard Waste Collection and Recycling Plastic Carts ................................... 13 (b) BIN SERVICE ......................................................................................................... 13 (c) ROLL-OFF SERVICE ............................................................................................. 14 (d) TEMPORARY BIN SERVICE ............................................................................... 14 (e) PARKWAY CLEANUP FOLLOWING GARAGE SALES ...................................14 (fl ALLEY CLEANUP FOLLOWING THE FIRST OF EACH MONTH ...................14 (g) DISPOSAL ............................................................................................................... 14 15. SYSTEM SAVINGS ........................................................................................................... 15 (a) SAVINGS PAYABLE TO CITY ............................................................................ 15 (b) POSSIBLE ADDITIONAL SAVINGS ................................................................... 15 16. C1WMA REPORTING REQUIREMENTS ....................................................................... 15 17. SRRE CONSULTANT ........................................................................................................ 16 ii 25A-5 18. PUBLIC EDUCATION SERVICES ................................................................................... 16 19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE .................................. 17 20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS ....................................... 18 21. COLLECTION OF BULKY ITEMS .................................................................................. 18 22. CURBSIDE SERVICE PAYMENTS ................................................................................. 19 23. RESIDENTIAL BIN SERVICE RATES ............................................................................ 19 24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES ................................................. 20 25. ROLL-OFF SERVICE RATES ........................................................................................... 20 26. COMPENSATION FOR GRANTS .................................................................................... 21 27. ADNSTMENTS TO CHARGES ....................................................................................... 21 (a) HAULING AND PROCESSING CHARGES ........................................................ 21 (1) PRICE INDICES .......................................................................................... 21 (2) CURBSIDE SERVICE ................................................................................. 21 (3) BIN SERVICE AND ROLL-OFF SERVICE .............................................. 21 (b) GATE FEES ............................................................................................................. 21 (c) SOLID WASTE PROGRAM SURCHARGE ........................................................ 21 (d) ADMINISTRATNE COST ...................................................................................... 22 28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS .............. 22 29. MINIMUM SERVICE LEVELS -MULTI-FAMILY RESIDENTIAL BUILDINGS...... 22 30. MIlVIMUM SERVICE LEVELS -COMMERCIAL/INDUSTRIAL BIN SERVICE AND ROLL-OFF SERVICES ....................................................................................... 23 31. SERVICE STANDARDS .................................................................................................... 23 32. SUPERVISION .................................................................................................................... 24 iii 25A-6 33. TITLE TO SOLID WASTE ................................................................................................. 24 34. FAII.URE TO COLLECT .................................................................................................... 24 35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT .............................. 25 36. LIQUIDATED DAMAGES ................................................................................................ 27 37. USE BY CITY OF CONTRACTOR'S EQUIPMENT ....................................................... 27 38. COMPLAINTS .................................................................................................................... 28 39. COMPENSATION REDUCTION DURING STRIKE PERIOD ...................................... 28 40. FEES AND GRATUITIES .................................................................................................. 29 41. LEGAL RELATIONS AND RESPONSIBIL,ITIES ........................................................... 29 (a) Applicable Laws ....................................................................................................... 30 (b) Personnel .................................................................................................................. 30 (c) Permits and Licenses ................................................................................................ 30 (d) Workers' Compensation Policy ................................................................................ 30 (e) Public Liability Insurance ......................................................................................... 30 (f) Insurance Responsibility for City Owned Solid Waste Collection and Recycling Vehicles ...............................................................................................31 (g) Indemnification ........................................................................................................ 31 (h) Enforcement of Scope of Services ........................................................................... 31 (i) Waivers ...................................................................................................................... 32 42. SUBCONTRACTORS AND MANAGEMENT ................................................................ 32 43. ACCOUNTING AND AUDITING ..................................................................................... 32 44. BOND ................................................................................................................................... 32 45. MEDIA RELATIONS ......................................................................................................... 33 rv 25A-7 46. NOTICES ............................................................................................................................. 33 47. GENDER AND NUMBER ................................................................................................. 33 48. VALIDITY ........................................................................................................................... 33 49. ASSIGNABII.,ITY ................................................................................................................ 34 50. GOVERNING LAW ............................................................................................................ 34 WASTE MANAGEMENT HOLDINGS INC. GUARANTEE EXHIBIT "A" --- THE LICENSED EQUIPMENT EXHIBIT "B" ---NOT REQUIltED EXHIBIT "C" --- RATES EXHIBIT "D" --- PAYMENT SCHEDULE ON THE C.O.P.S v 25A-8 THIRD AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTE GENERATED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA This THIRD AMENDED AND RESTATED AGREEMENT, made and entered into this day of , 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California (referred to herein as "City")," and USA Waste of California Inc., a Delaware corporation dba Waste Management of Orange County, formally Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc, a California corporation, hereinafter called, "CONTRACTOR," RECITALS 1. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. 2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well being require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefore, be provided by contract to a qualified contractor. 3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling (the "Original Agreement"). 4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in the best interest of the CITY and the residents therein that the Original Agreement be revised to provide for Sold Waste collection, recycling and disposal of Curbside Service Units by means of automated Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts. 5. On June 1, 1996, CITY and CONTRACTOR entered into an agreement entitled "Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" (hereinafter referred to as "Amended Agreement" to effectuate the new curbside service collection program. 6. On June 19, 1997, CITY and Contractor entered into an Agreement entitled "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" to clarify the responsibilities associated with the collection, handling, and processing of solid waste collected by Contractor. 1 25A-9 7. Since the execution of the "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Second Amended Agreement"), City and Contractor have worked together to achieve many significant advancements in environmental stewardship in the City of Santa Ana. In part, due to the joint efforts of the City and Contractor, the City has been able to consistently comply with the 50% diversion requirements as imposed by the State of California. 8. Since the execution of the Second Amended Agreement, City and Contractor have developed new programs to increase recycling and reduce illegal disposal of used oil 9. Since the execution of the Second Amended Agreement, City and Contractor have developed new programs to reduce illegal dumping and litter throughout the City. 10. Since the execution of the Second Amended Agreement City and Contractor have jointly concurred to amend the Second Amended Agreement to include the above improved environmental quality measures. 11. The parties again desire to amend the Second Amended Agreement in its entirety to incorporate the provisions of previous amendments and to extend the term of the Agreement in exchange for additional payments. Said additional payments will not affect the rates paid by Santa Ana customers. City and USA Waste agree that USA Waste will bear the entire cost of these payments to the City of Santa Ana as consideration for extending the term of the Second Amended Agreement. The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste diversion, and disposal, and to perform such services on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. GRANT OF CONTRACT: CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming, dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to faithfully perform such contract and obligation. 2. TERM OF CONTRACT: 2 25A-10 The term of this Agreement shall begin upon execution of this Agreement and shall extend to June 30, 2018. 3. DEFINITIONS: As used in this Agreement, the following words and phrases shall have the meaning assigned in this section, unless the context at the point of usage clearly requires a different meaning. (1). Agreement shall mean this Amended and Restated Agreement, including the exhibits thereto and the documents incorporated herein by reference. (2). Auditor shall mean the certified public accountant firm retained by City for auditing services. (3). Bin Service shall mean all Solid Waste collection services provided by CONTRACTOR by means offront-loaded collection bins of various sizes. (4). California Integrated Waste Management Act ("CIWMA") shall mean that act codified by California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto. (5). California Integrated Waste Management Board shall mean the Board created by the California Integrated Waste Management Act, and any subsequent modifications thereto, and shall encompass any other agency which assumes the duties of this Board. (6). CITY shall mean the City of Santa Ana. (7). C~ Attorney shall mean the City Attorney of CITY. (8). C~ Council shall mean the City Council of CITY. (9). City Manager shall mean the City Manager of CITY. (10). Clerk of the Council shall mean the Clerk of the Council of CITY. (11). Code shall mean the Municipal Code of CITY, both codified and miscellaneous ordinances. (12). CommerciaUIndustrial Bin Service shall mean Bin Service which is provided by CONTRACTOR to commercial and/or industrial units. (13). Commercial Solid Wastes shall mean Solid Waste originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military and correctional institutions, non-profit research organizations and government offices. (14). Compost means the product resulting from the controlled biological decomposition of 3 25A-11 organic wastes that are source separated from the Solid Waste stream. (15). Composting means a method of waste treatment which produces a product meeting the definition of "compost" herein. (16). Composting Facility means a state permitted Solid Waste facility at which composting is conducted and which produces a product meeting the definition of compost. (17). Construction and Demolition Solid Waste includes Solid Wastes, such as building materials, and packaging and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures. (18). Contract shall mean this Agreement, entered into between CITY and CONTRACTOR. (19). CONTRACTOR shall mean USA Waste of California Inc., a California corporation, and shall also include the parent company Waste Management, Inc. (20). Curbside Service Unit shall mean each single family residence and duplex unit which receives curbside collection services provided by CONTRACTOR. This shall include commercial curbside users and any multi-family, business or professional user which does not require Bin Service as determined by the Executive Director. (21). Customer shall mean a user of CONTRACTOR's bin or roll-off container service. (22). Disposal Site shall mean any licensed landfill site permitted by the California Integrated Waste Management Board for the receipt and ultimate disposition of Solid Waste. (23). Executive Director shall mean the Executive Director of Public Works of CITY, or his or her designate. (24). Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed of at said site. Gate Fees are also known as "tipping" fees and "landfill" fees. (25). Gross Receipts means and includes all revenues actually received by CONTRACTOR arising from, or attributable to, the services provided by CONTRACTOR to its Customers in the CITY pursuant to this Agreement. Gross Receipts include Gate Fees as defined herein. Gross Revenue does not include any revenue received by CONTRACTOR from the sale of Recyclable Solid Waste. (26). Hauling Charges shall mean those portions of the curbside, bin, roll-off and other rates provided for in this Agreement which compensate CONTRACTOR for the Solid Waste collection and transporting services required of CONTRACTOR under this Agreement. The parties have agreed upon the initial Hauling Charges as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. (27). Hazardous Wastes are those wastes which, because of their physical or chemical 4 25A-12 characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. (28). Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in bins and/or roll-off containers. (29). Licensed E~pment means the Solid Waste collection and Recycling vehicles and Solid Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to Section 11 of this Agreement. (30). Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the California Integrated Waste Management Board for sorting, separating and processing of Recyclable Solid Wastes as well as the segregation and transportation of non-Recyclable Solid Wastes to a Disposal Site. (31). Permitted Solid Waste Facility means a Solid Waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Waste Management Board. (32). Person shall include, without limitation, associations, clubs, societies, firms, partnerships, sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well as individuals, including the officers of such associations, corporations, etc. (33). Processing means the reduction, separation, recovery, conversion or Recycling of Solid Waste. (34). Processing Charges shall mean those portions of the curbside, bin, roll-off container and other rates provided for in this Agreement which compensate CONTRACTOR for Processing Solid Wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated Materials Recovery Facility or Composting Facility. The parties have agreed upon the initial Processing Charges, as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. The cost of transporting the residue of the CITY'S Solid Waste stream to a Disposal Site after Processing the Recyclable Solid Wastes therefrom and the cost of transporting Recyclable Solid Wastes to their ultimate destination shall be deemed part of this Processing Charge, but the gate fee charged at said Disposal Site for depositing said Solid Waste residue shall not be included in the Processing Charge. (35). Recyclable Solid Waste means and includes those Solid Wastes which may be sorted, cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable Solid Wastes are not a separate category of materials, but merely an evolving portion of the entire stream of Solid Waste generated within the CITY. (36). Recycling means collecting, sorting, cleansing, treating, Processing and reconstituting 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 maybe used with roll-off containers. (40). Solid Waste shall mean all Solid Wastes, including, but not by way of limitation, Recyclable Solid Wastes, whether now recyclable or not, generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and demolition sites within the CITY excluding that Solid Waste referred to in Section 9(a) herein; provided, however, that Solid Waste shall not be deemed, for purposes of this Agreement, to include any Hazardous Wastes as defined hereinabove. (41). Solid Waste Facility shall include a Composting Facility, Materials Recovery Facility or a transfer station. (42) Source Reduction and Recycling Element shall be the CITY'S plan for meeting the requirements of CIWMA. (43). Waste Type means identified wastes having the features of a group or class of wastes that are distinguishable from any other Waste Type, as identified by the CITY'S Source Reduction and Recycling Element. (44). Yard Waste means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree trimming, brush, weeds and pruning. (45) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or organic waste and the composting, mulching, and/or transformation thereof. 4. SCOPE OF SERVICE: (a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary, except for those vehicles and equipment which the CITY shall license to CONTRACTOR pursuant to Section 11 herein, for the collection of all Solid Waste originating, generated and/or accumulated by any person within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, Recycle, divert by means of composting, mulching and/or transforming and/or dispose of said Solid Waste in compliance with the terms of this Agreement. 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 of 6:00 a.m. and 6:00 p.m. Collections from commercial and industrial locations greater than 100 feet from residential units may start at 3:00 a.m. and must terminate by 9:00 p.m., however, if complaints are received from such residential units, the Executive Director may direct that collections in such areas shall be made between the hours of 6:00 a.m. and 6:00 p.m. and in that event CONTRACTOR agrees to comply with such order. (b) Notwithstanding section (a) above, Solid Waste collected pursuant to Section 13 hereto shall be collected pursuant to the provisions contained therein. 6. HOLIDAYS: Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall collect along said route on the work day next following said legal holiday and collection on each day during said holiday week shall be similarly delayed one day. Legal holidays for the purpose of this Agreement shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other days as may be mutually agreed upon in advance by the parties. 7. FREQUENCY OF COLLECTIONS: The Contractor will collect all Solid Waste from all areas of the CITY at least once each week and in addition will provide more frequent service for those Customers using the Bin Services or Roll- Off Services supplied by CONTRACTOR if requested by a Customer or if required by the CITY. Contractor shall provide additional collection services as set forth in Sections 14 (e) and (f). 8. MAINTENANCE OF SCHEDULES: Presently existing routes, schedules and times for collection of Solid Waste shall be maintained but may be changed by authorization of the Executive Director and at least one week's advance notification by CONTRACTOR to occupants of the buildings in the area where the changes are to be made. 9. EXCLUSIVENESS OF AGREEMENT: 7 25A-15 The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport, process, Recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of all Solid Waste, as defined in this Agreement, generated and/or accumulated within the CITY, except as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the restraints provided in Public Resources Code Sections 49520 et seq. (a) The grant of exclusiveness shall not include Construction and Demolition Solid Waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in roll-off containers or in bins. (b) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who own the premises upon which solid waste has been generated or accumulated, from personally collecting, transporting and disposing of their own Solid Waste so long as they dispose of such Solid Waste at a site permitted by the California Integrated Waste Management Board in accordance with all governing laws and regulations. (c) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who own the premises upon which Solid Waste has generated or accumulated, from: (1) selling their Recyclable Solid Wastes, or, (2) donating their Recyclable Solid Wastes; provided, however, that in both instances: (a) the person must, on its premises, personally segregate (by Waste Type) from other Solid Waste the Recyclable Solid Waste to be sold or donated, and (b) the person may not pay the buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal service rates of its unsegregated Solid Waste shall not be deemed to be selling or donating Recyclable Solid Wastes for purposes of this exception. (d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the CITY from collecting yard waste or other organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection must be transported by the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. (e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY from hauling such Solid Waste over CITY streets, provided such collectors comply with any governing laws or ordinances. (f) CONTRACTOR's right to collect and/or dispose of Solid Waste shall not be exclusive in the event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, for any reason, including a strike by CONTRACTOR'S employees or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal 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 of the amount of such increase. (b) Invoices submitted to Customers by CONTRACTOR shall not reference the aforementioned surcharge. Payments to the CITY of said Solid Waste surcharges shall be made to the CITY on a monthly basis and shall be due and payable on or before the last calendar day of the following month. Accompanying each payment will be a listing of the Gross Receipts for that corresponding month. CONTRACTOR shall, whenever requested to do so, make available such records to the Executive Director at any reasonable time. (c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR. 11. AUTOMATED SYSTEM (a) LICENSE: The CITY grants to the CONTRACTOR an exclusive license to use the Solid Waste collection and Recycling vehicles and Solid Waste collection and Recycling carts listed on Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter referred to collectively as "the Licensed Equipment"), for a period of time coterminous with the term of this Agreement. This license to use the Licensed Equipment shall not be deemed an equipment lease but, rather, a personal property license to use the Licensed Equipment pursuant to the specific terms, covenants, obligations and provisions of this Agreement. CONTRACTOR may not use the Licensed Equipment for any other purposes or business. This license is personal to the CONTRACTOR and shall not be assigned. It is the intent of the parties hereto that the Licensed Equipment shall be sufficient to permit CONTRACTOR to adequately perform its performance obligations under this 9 25A-17 Agreement. If at any time, or from time to time, the Licensed Equipment is not adequate for CONTRACTOR to meet such obligations, or, the Solid Waste collection and Recycling vehicles licensed pursuant to this section need to be replaced for any reason, including loss, CONTRACTOR shall be responsible for providing any and all additional or replacement Solid Waste collection and Recycling vehicles and any and all additional Solid Waste collection and Recycling carts as may be necessary for the collection, Recycling and disposal of all Solid Waste for which it is responsible under this Agreement. (b) FINANCING: The Licensed Equipment being provided to CONTRACTOR pursuant to section (a) hereunder is being acquired pursuant to that certain "Installment Purchase Contract" ("IPC") between the CITY and the California Environmental Finance Corporation ("CEFC") dated June 1, 1996, a copy of which is on file with the Clerk of the Council and which is incorporated herein by this reference. CONTRACTOR hereby acknowledges the flow of funds and priority of revenues set forth in Section 3.06 of the IPC, which is further summarized on pages 12 and 13 of the Official Statement accompanying the issuance of the tax exempt Certificates of Participation ("C.O.P.s") which have been, or will be, issued by CEFC to raise the funds necessary for it to purchase the Licensed Equipment. While not required to do so, CEFC has agreed to acquire the Licensed Equipment in accordance with the competitive bidding procedures set forth in Section 421 of the CTTY'S municipal charter. The CITY agrees to take all necessary action and execute all necessary documents to facilitate the issuance of the C.O.P.s and to approve an excess proceeds certificate authorizing an excess proceeds prepayment of the C.O.P.s as provided in Sections 3.11 and 4.01(b) of that certain "Trust Agreement" by and among the CITY, CEFC and Harris Trust Company of California, a copy of which is on file with the Clerk of the Council and which is incorporated herein by this reference. (c) MAINTENANCE OF LICENSED EQUIPMENT: CONTRACTOR shall, at its own expense, maintain and preserve the Licensed Equipment in good repair and working order at all times and will operate the Licensed Equipment in an efficient and economical manner and will pay all maintenance and operation costs of the Licensed Equipment as they become due and payable. On or before the first day of each fiscal year, CONTRACTOR will prepare a budget setting forth the estimated maintenance and operation costs of the Licensed Equipment for such fiscal year. (d) OPERATION OF LICENSED EOUIPMENT: CONTRACTOR shall be fully responsible to the CITY for the storage, operation, maintenance and management of the Licensed Equipment. CONTRACTOR shall distribute the Solid Waste collection and Recycling carts (one for Recyclable Solid Waste, one for Yard Waste and one for non-Recyclable Solid Waste) to each Curbside Service Unit throughout the CITY. CONTRACTOR will utilize the Licensed Equipment solely to collect, recycle and/or dispose of Solid Waste generated within the CITY for which it is responsible pursuant to this Agreement. (e) FUEL FOR LICENSED EOUIPMENT: All fuel required for the operation of the Licensed Equipment pursuant to this Agreement shall be purchased by the CONTRACTOR. CONTRACTOR shall be responsible for the costs of such fuel and all costs associated therewith. (f) OPTION TO PURCHASE: At such time as the C.O.P.s used to finance the Licensed Equipment are paid in full or otherwise satisfied or demised, the CONTRACTOR shall have a ninety 10 25A-18 (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; 11 25A-19 (b) Recyclable Solid Waste shall be placed in grey plastic carts provided by CONTRACTOR; and, (c) Yard Waste shall be placed in green plastic carts provided by CONTRACTOR. (2) All non-Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste shall be placed in the appropriate Solid Waste collection and Recycling plastic carts adequate to eliminate overflow or contamination of surrounding areas. Any non-Recyclable Solid Waste, Recyclable Solid Waste and/or Yard Waste which is not placed in a Solid Waste plastic cart which has been provided to the Curbside Service Unit will not be picked up; and, (3) Large, heavy items, including, without limitation, water heaters, couches, tables, refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky items which maybe disposed of under the provisions of Section 21. (b) The aforementioned requirements to place non-Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste in appropriate Solid Waste collection and Recycling plastic carts shall not apply to Christmas trees properly placed for collection. (c) Whenever any Solid Waste that does not comply with the above standards and limitations is not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject to the approval of the CITY, indicating the reason for non-collection at such Curbside Service Unit. Said notice shall also contain the CONTRACTOR'S business name and his local telephone number. A copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY upon request by the Executive Director and, if the reason for noncollection is not corrected within seven (7) days, CONTRACTOR shall notify the CITY as to this continued noncollection. 13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY OPERATIONS: (a) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all Solid Waste and Construction and Demolition Solid Waste which is generated by CITY government operations at no cost to the CITY. The CITY shall provide CONTRACTOR with a list of locations of bins and/or roll- off containers from which such Solid Waste shall be collected. Said list may be modified by time to time by the Executive Director. Solid Waste generated by such CITY operations shall be collected by CONTRACTOR per a schedule provided to CONTRACTOR by the Executive Director which schedule shall be approved between the CONTRACTOR and the Executive Director. (b) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director to ensure that Solid Waste collection is compatible with the CITY'S street sweeping operations. CONTRACTOR will be required to complete their designated routes each day so as not to interfere with the CITY'S street sweeping operations. (c) NEIGHBORHOOD CLEANUPS: The Contractor shall supply rolloff containers for CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll off containers shall 12 25A-20 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 13 25A-21 so as to ensure the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport directly to a legally authorized Disposal Site those bins which are determined to have limited Recycling potential due to food or other types of contamination. Any modifications to the above-referenced percentage shall be approved by the Executive Director and shall be based on the diversion realized. (c) ROLL-OFF SERVICE: CONTRACTOR shall process all Solid Waste collected from its Roll-Off Service in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from roll-off service within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. (d) TEMPORARY BIN SERVICE: CONTRACTOR shall process all Solid Waste collected from temporary bins, not including Construction and Demolition Solid Waste, in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from temporary bins within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. (e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES: CONTRACTOR shall provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in the parkways after garage sales. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Parkway Cleanups within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. (f) ALLEY CLEAN-UP FOLLOWING THE 1sT OF EACH MONTH: CONTRACTOR shall provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days following the first day of each month and six working days during the third week of the month to canvas the City neighborhoods in order to remove debris left in alleyways following relocations. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Alley Cleanups within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. (g) DISPOSAL: CONTRACTOR shall be required to dispose of any and all Solid Waste which is not recycled or diverted by means of composting, mulching and/or transforming pursuant to the terms of this Agreement, at a legally authorized Disposal Site(s) as designated by the CITY. If CONTRACTOR is directed to dispose of said Solid Waste at a location other than the County of 14 25A-22 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: 15 25A-23 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, 16 25A-24 Recycling and Yard Waste Diversion; (e) the establishment and maintenance of a telephone hotline to receive calls from the public and provide information concerning integrated waste management; (f) cooperation in the production of an integrated waste management video for use by the CITY; and, (g) development and management of grants pursuant to the regulations contained in the CIWMA and/or adopted by the California Integrated Waste Management Board including the Department of Conservation and other governmental agencies that offer grants related to collection and recycling services provided under the Agreement In fiscal year OS-06 CONTRACTOR will receive: $5500 per month for the collection of used oil containers and filters. This includes all manpower, vehicle, fuel, accounting and administrative costs associated with the collection program. $75.00 per hour for grant administrator's time to develop and administer the grant programs. This Section may be reasonably modified from time to time as deemed necessary and appropriate by the Executive Director, including increased grant compensation paid to Contractor upon a writing executed by the Executive Director. The CONTRACTOR shall be required to work with the Executive Director in the preparation and production of the services listed and to proceed in the rendering of such services as the CITY dictates. Any services required hereunder shall require the Executor Director's approval prior to the execution thereof. 19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE: (a) Equipment and vehicles used by CONTRACTOR, whether owned by or licensed to CONTRACTOR, for the collection and hauling of Solid Waste shall be used so as to assure, in the reasonable opinion of the Executive Director, that adequate standards of collection will be maintained. All loads in CONTRACTOR'S vehicles shall be kept completely covered at all times except when material is actually being loaded or unloaded or where the vehicles are on route in the process of collection. The collection equipment must be designed and operated in such a manner as to prevent Solid Waste from escaping the vehicle. Any spillage of materials which occurs during the collection process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles used by the CONTRACTOR pursuant to this Agreement which are not owned by the CITY shall be registered by CONTRACTOR with the Department of Motor Vehicles of the State of California. The CONTRACTOR's vehicles and equipment shall be subject to inspection by the CITY. (b) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety of sizes of bin and roll-off containers to meet the capacity requirements of commercial and residential bin and roll-off container users. No material shall be permitted to leak, fall or be spilled on CITY streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the area cleaned at the CONTRACTOR's expense. The equipment used must be maintained in good mechanical condition and must employ adequate safety conditions for the operating personnel. (c) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or 17 25A-25 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, 18 25A-26 refrigerators, rugs, water heaters, and other items of Solid Waste, which CONTRACTOR is not required to collect under Section 12 because of size or weight, as follows: (a) Upon request by a Curbside Service Unit within the CITY, CONTRACTOR shall provide no more than two at-demand bulky item collections per year per Curbside Service Unit at no additional cost. Each such Curbside Service Unit is limited to a maximum of four (4) bulky items (or twenty (20) bags of yard waste) per pick-up request. Such collection services shall provide the opportunity of having large objects, and other Solid Waste which is not required to be picked up pursuant to this Agreement, picked up and processed properly. Requests by Curbside Service Units for such collections shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message receiving, transmitting and response procedures and who shall be responsible for maintaining a log of such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a reasonable time but no more than five (5) working days after such a request is received. Requests for more than two (2) at-demand collections per year shall cost thirty ($30.00) dollars per collection and shall be billed to the Curbside Service Unit requesting the additional collection by the CONTRACTOR. (b) CONTRACTOR shall provide assistance of removal of bulky items on private property to senior citizens and the disabled at no cost. (c) CONTRACTOR shall provide for the collection and recycling of televisions, computer monitors and computer laptops as part of the Bulky Item collection program. 22. CURBSIDE SERVICE PAYMENTS: (a) The CONTRACTOR shall establish rates for its provision of curbside services pursuant to this Agreement. Such rates shall in no case exceed those set forth on Exhibit "C" attached hereto and incorporated herein by this reference. The City shall collect on behalf of the CONTRACTOR the rates established by the CONTRACTOR for said services. Rates collected and paid to the CONTRACOTR shall be based on the total number of Curbside Service Units billed by the CITY for curbside service during that month. CITY shall make billing records available to CONTRACTOR upon reasonable notice for the purpose of auditing such records. (b) Remittance to the CONTRACTOR of payments collected by the CITY for curbside service shall on a monthly basis. (c) Payments to be made to the CONTRACTOR shall be reduced each month by an amount equal to the total monthly payment on the C.O.P.s. A monthly payment schedule of the maximum amount of monthly payments on the C.O.P.s will be attached as Exhibit "D" once they are issued. The payments to be made to CONTRACTOR shall not be reduced to the extent of any credits against installment payments received by the CITY pursuant to Section 4.01 of the II'C. 23. RESIDENTIAL BIN SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Bin Service to residential 19 25A-27 bin users by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each Residential Bin Service Customer. A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. (b) Rates for Residential Bin Service, including Gate Fees, Hauling Charges, Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto and incorporated herein by reference. Such rates shall include a one (1 %) percent charge based on Gross Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park Curbside Service Units. CONTRACTOR shall make records containing Residential Bin Service available to the Executive Director at any reasonable time. 24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Bin Service to commerciaUindustrial bin users by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such Bin Service Customer. A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. (b) Rates for CommerciaUIndustrial Bin Service, including Gate Fees, Hauling Charges, Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. Such rates shall include a one (1%) percent charge based on Gross Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park Curbside Service Units CONTRACTOR shall make records containing CommerciaUlndustrial Bin Service available to the Executive Director at any reasonable time. 25. ROLL-OFF SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Roll-Off Service by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such Customer. A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. Roll-off Service shall be provided at a minimum of three (3) dumps per month per Customer. (b) Rates for Roll-Off Services, including container delivery, collection, hauling and transportation, shall be established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. Such rates shall include a one (1%) percent charge based on Gross Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park 20 25A-28 Curbside Service Units. CONTRACTOR shall make records containing Roff--Off Service available to the Executive Director at any reasonable time. 26. COMPENSATION FOR GRANTS: CONTRACTOR shall be permitted to obtain compensation in an amount approved by the Executive Director for the management of grants pursuant to Section 18(g) herein. 27. ADJUSTMENTS TO CHARGES: (a) HAULING AND PROCESSING CHARGES: (1) PRICE INDICES: The two indices which will be used for determining adjustments to Hauling and Processing Charges shall be the December Consumer Price Index ("CPI") for All Urban Consumers (base years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by the United States Department of Labor, Bureau of Labor Statistics and the December Producer Price Index ("PPI"), Diesel Fuel #2 (#057303. When both indices are to be used to determine an adjustment to the Hauling and Processing Charges, then the adjustment formula shall be as follows: the CPI shall be weighted at ninety (90%) percent and the PPI shall be weighted at ten (10%) percent. (2) CURBSIDE SERVICE: The Hauling Charges and Processing Charges for curbside service shall be adjusted annually, using the CPI and PPI adjustment formula set forth in subsection (a)(1) above without limitation; provided, however, that adjustments permitted to the Hauling and Processing Charges during this time period shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum adjustment per year. (3) BIN SERVICE AND ROLL-OFF SERVICE: From July 1, 1997 until the termination of this Agreement, the Hauling and Processing Charges for Bin Service and Roll-Off Service shall be adjusted in accordance with the CPI and PPI adjustment formula set forth in subsection (a)(1) above. Adjustments to the Hauling and Processing Charges for Bin Service and Roll-Off Service shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum adjustment per year. (b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a Disposal Site occur during the term of this Agreement, CONTRACTOR shall be permitted to pass through to both its Bin Service Customers and its Roll-Off Service Customers and CITY shall pass through to its curbside service users one hundred (100%) percent of such increase or decrease in the Gate Fees for that portion of the Solid Waste which is taken to the Disposal Site. CITY shall pass through to CONTRACTOR such increase or decrease in its curbside service payments to CONTRACTOR. Should a change in Gate Fees become effective on July 1st of any year, the parties agree to utilize the tonnages from the previous calendar year to determine the percentage of Solid Waste that is taken to the Disposal Site. (c) SOLID WASTE PROGRAM SURCHARGE: Should any increase or decrease in the Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement, 21 25A-29 CONTRACTOR shall be permitted to pass through to both its Bin Service and its Roll-Off Service Customers the corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste program surcharge which CONTRACTOR is required to pay pursuant to Sections 10, 23(b) and 24(b) herein. (d) ADMINISTRATNE COST: The Administrative Cost for curbside service shall be adjusted annually. The Administrative Cost shall be adjusted using the CPI set forth in subsection (a) (1) above; provided however, that adjustments shall be calculated at one hundred (100%) percent of the CPI. 28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REOUIREMENTS• (a) The CONTRACTOR may enter into agreements with Bin Service Customers for special collection services different from, in addition to, or greater than the minimum collection services required by this Agreement. The special fees which CONTRACTOR may charge Bin Service Customers are set forth on attached Exhibit "C." (b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from between buildings, other than the fees permitted as set forth on attached Exhibit "C". Further, CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse for purposes of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit "C" shall require an inspection by the CITY prior to a determination of the charges which maybe imposed. The decision of the Executive Director in respect to these charges shall be final. A brief explanation of each special service charge must be included on every Customer's billing. (c) In the event the CONTRACTOR is unable to provide temporary service to any Customer within five (5) calendar days after receipt of a call by such Customer, the Executive Director may permit any other licensed hauler to provide temporary service to such Customer if, but only if, CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable notification by the Executive Director to CONTRACTOR. 29. MINIMUM SERVICE LEVELS -MULTI-FAMILY RESIDENTIAL BUILDINGS: (a) CITY shall require that all residential buildings with three or more dwelling units be served by Bin Service, except that CITY may waive such requirement for any residential buildings with four (4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units existing on February 23, 1983, upon a determination that no lawfully usable space is available for such container within the boundary lines of the subject property. The CONTRACTOR shall provide bin containers of such capacity and collections of such frequency for residential buildings required to have Bin Service by this section as to provide for Solid Waste collection of not less than one-half (1/2) of one (1) yard of Solid Waste collection per dwelling unit per week. In all cases, collections shall be made at least once per week. CONTRACTOR shall comply with any request by the Executive Director to change the scheduled collection days for Residential Bin Service Customers, which is designed to promote conformity of Bin Service collections in any specified area of the CITY to improve sanitation or reduce noise. 22 25A-30 (b) In the event that Solid Waste being disposed of at a Residential Bin Service building exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin capacity at said location, he shall cause written notification to be given to the property owner and/or person in possession of the property. Said notification shall contain the date of the reported overflow of Solid Waste from the bins. The notice shall also inform the property owner and/or person in possession of the property that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the property owner and/or person in possession of the property will be required to increase the number of bins, the size of the bin, or the frequency of collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from the Customers to the same extent as if the Customer requested such additional collections from the CONTRACTOR. 30. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND ROLL-OFF SERVICES: City shall require that all commercial and/or industrial units and/or buildings be served by Bin Service or Roll-Off Service; provided, however, that this requirement may be waived by the Executive Director. In the event that Solid Waste being disposed of at a commerciaUindustrial bin or roll-off container unit exceeds the bin or roll-off container capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin or roll-off container capacity at said location, he shall cause written notification to be given both to the business and the property owner. Said notification shall contain the date of the reported overflow of Solid Waste from the bin or roll-off container. The notice shall also inform the business and property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the business and/or property owner will be required to increase the number of bins or roll-off containers, or the frequency of collections. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or roll-off containers, the size of the bin or roll-off container, or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from such Customers to the same extent as if the Customer requested such additional collections from the CONTRACTOR. 31. SERVICE STANDARDS: (a) The CONTRACTOR's office shall be accessible by a local or toll-free telephone number. The CONTRACTOR'S office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. Monday through Friday and from 8:00 a.m. to noon on Saturdays. CONTRACTOR'S offices shall be closed on Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after normal business hours, and on Sundays and holidays thus enabling the public to leave a message. The CONTRACTOR shall have the capability of responding to the public in English and Spanish during office hours. 23 25A-31 (b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per month on accounts which have not remitted required payments within 30 days after the date of billing. Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer on forms approved by the CITY that services maybe discontinued 15 days from the date of the notice if payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR shall provide the CITY with a bi-weekly list indicating the Customers which have had service ceased due to nonpayment. 32. SUPERVISION: Performance of each of the provisions of this Agreement shall be under the direction and supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every reasonable opportunity of ascertaining whether or not the work is performed in accordance with the requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and liaison between its organization and the CITY and shall maintain a telephone and a means for contact at all times during periods of strike or other emergencies. The Executive Director may inspect the CONTRACTOR's operations, facilities and equipment at any reasonable time and the CONTRACTOR shall admit him to make such inspections at any reasonable time and place. 33. TITLE TO SOLID WASTE: Title to all Solid Waste collected pursuant to this Agreement shall be vested in CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll-off container for collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CPNMA. 34. FAILURE TO COLLECT: (a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby incurred by the CITY. (b) The CITY may give such notice for any specified individual omission by CONTRACTOR in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48) hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for any reason, including a strike of CONTRACTOR'S employees, the notice shall continue in effect with 24 25A-32 respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11 herein and shall be allowed to use, without charge, any of CONTRACTOR'S other collection vehicles, containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to this section. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend for a period of ninety (90) days. (c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement, CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this Agreement. In the event of such a material default, the reasonable time for correction pursuant to Section 35 herein shall be seven (7) days. 35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT: (a) In the event CONTRACTOR defaults in the performance of any of the obligations, covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in writing of the nature of such default. (b) The Executive Director may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within such time as set forth in the notice and shall be required to diligently achieve such correction or remedy as soon thereafter as possible. (c) The Executive Director shall review the CONTRACTOR'S response to the notice of deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings in accordance with Chapter three of the Santa Ana Municipal Code. (d) In such case, the City Council may set the matter for hearing. The City Clerk shall give CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the Executive Director indicating the deficiencies, and shall give the CONTRACTOR a reasonable opportunity to be heard. (e) Based on the evidence presented at the public hearing, the City Council shall determine by 25 25A-33 Resolution whether this Agreement should be terminated. If, based upon the record, the City Council determines that the performance of CONTRACTOR is in breach of any material term of this Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The decision of the City Council shall be final and conclusive. CONTRACTOR'S performance under the Agreement is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. (f) The rights of termination or imposition of liquidated damages, as set forth in Section 36 hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR'S Agreement or impose liquidated damages in the event of any of the following: (1) If the CONTRACTOR practices, or attempts to practice, any fraud upon the CITY; (2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding; (3) If the CONTRACTOR fails to provide or maintain in full force and effect the workers' compensation, liability or indemnification coverage as required by this Agreement; (4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred; (5) If the CONTRACTOR willfully fails to make any payments required under the Agreement and/or refuses to provide the CITY with required information and/or reports in a timely manner as provided in this Agreement; or, (6) Any other act or omission by the CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation. (g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to enjoin the breach thereof. (h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default, deposits the amount in controversy into an interest bearing account in a commercial bank or lending institution and maintains such deposit until such time as a final judicial decision or agreement between the parties determines the rightful disposition of the said amount in controversy; provided that CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR's service of written notice of default on the CITY. 26 25A-34 36. LIQUIDATED DAMAGES: (a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied Solid Waste collection services or denied quality or reliable collection service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. (b) Accordingly, the CITY may, in its discretion but after complying with the notice and hearing procedures set forth in Section 35, assess liquidated damages of Five Hundred Dollars ($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual CPI adjustment computed at one hundred (100%) percent of the CPI for All Urban Consumers (base years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by the United States Department of Labor, Bureau of Labor Statistics. (c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which CONTRACTOR has been found by the CITY to be in default after having been given the proper notice and hearing set forth in Section 35 of this Agreement. The CONTRACTOR shall pay any liquidated damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not paid within the ten (10) day period, the CITY may order the termination of this Agreement. 37. USE BY CITY OF CONTRACTOR'S EOUIPMENT• Upon cancellation of this Agreement by either party for any reason prior to the end of the period specified herein as the term of this Agreement, the CITY shall take possession and control of all vehicles and equipment which it has licensed to CONTRACTOR pursuant to Section 11 herein and CITY shall also have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors and other items of equipment used by CONTRACTOR in the performance of the work specified in this Agreement. Further, the City shall have access to the MRF and composting facilities used by the CONTRACTOR for the Processing, Recycling and Yard Waste Diversion of Solid Waste produced or accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend following the date of cancellation of this Agreement for a period of ninety (90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section 27 25A-35 shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at the date of termination. Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this section may be withheld by the CITY and used by it for the purpose of paying any outstanding liens or payments due and unpaid upon the said equipment. 38. COMPLAINTS: (a) The CITY shall record all complaints and communications received by the CITY from persons and businesses being served under the provisions of this Agreement and all other incidents of failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall be responsible to resolve such complaints within two (2) business days of receipt thereof. CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which shall include the complaint, the communication, the date, time, complainant's name and address if provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the Executive Director within twenty four (24) hours of receipt thereof. (b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out in the proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material from the service recipient within twenty-four (24) hours of the CONTRACTOR'S receipt of notification of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall maintain a written record of all calls related to missed pick-ups and the service response provided by the CONTRACTOR. Such records shall be made available for inspection upon request by the Executive Director. 39. COMPENSATION REDUCTION DURING STRIKE PERIOD: In the event that there occurs any period in which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, by reason of a strike or CONTRACTOR'S failure to pay his employees, and only if such period includes more than ten (10) normal collection days (weekdays), then the following shall apply. (a) The City Council may assess damages against the CONTRACTOR in an amount which does not exceed the sum of the following: (1) The expenses incurred by the CITY in providing collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to Section 34; and, (2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for curbside service by the CITY from the public is reduced due to any reduction or refund of such fees granted by the City Council to compensate such fee payers for the inconvenience experienced by them 28 25A-36 due to CONTRACTOR'S failure to furnish full performance during such period. (b) In assessing damages, the City Council shall take into account the CONTRACTOR'S efforts to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR shall be given credit for Curbside Service Unit collections made by CONTRACTOR by having damages assessed, subject to the above said maximum, in approximately the same proportion to the compensation due CONTRACTOR for curbside service during the subject period as the number of Curbside Service Unit collections which CONTRACTOR failed to make bears to the total number of Curbside Service Unit collections which should have been made pursuant to this Agreement. (c) In addition to any other lawful means of effecting recovery of the damages assessed against CONTRACTOR the amount thereof maybe deducted by CITY from money due or which may become due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR objects to such assessment or set-off, it shall nevertheless maintain full performance under this Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages assessed. (d) Refunds or reduction of payments of CONTRACTOR'S Customers shall be the sole responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such Customer to grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the CONTRACTOR may condition such refunds or reductions or compensatory service upon the Customer's filing of a claim for the same with the CONTRACTOR. To the extent Bin or Roll-Off Service collections are made at CITY'S expense in the absence of CONTRACTOR'S performance, CONTRACTOR shall be liable to CITY for a proportionate amount of the Customers' payments due to the CONTRACTOR. 40. FEES AND GRATUITIES: CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Agreement, except such compensation as is provided for in this Agreement. However, CONTRACTOR may make available to Bin Service users special services as provided for in Section 28 hereof. CONTRACTOR may make a direct charge in each instance for such service under a written agreement which shall be subject to the approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons requesting such additional services. All such charges shall be collected by CONTRACTOR. Nothing in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render services of any kind to any person to the extent such services are not specifically required by the provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional services not provided for herein to one or more persons, to offer or render the same services to any other person or entity. 41. LEGAL RELATIONS AND RESPONSIBILITIES: 29 25A-37 (a) Ap lip cable Laws: CONTRACTOR shall at all times comply with all applicable provisions of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and Federal laws and regulations; provided, however, no amendment of the Code shall operate to change CONTRACTOR'S right to decline to pick up and collect any material or matter which is not Solid Waste as defined in this Agreement or to decline to pick up and collect Solid Waste which does not comply with the standards and limitations set forth in this Agreement, or otherwise operate to materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal laws become effective after the date of execution of this Agreement which require modifications to the terms hereof, the parties agree to meet and confer regarding any such modifications. (b) Personnel: No employee of CONTRACTOR shall continue to be employed on any work under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy. (c) Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it by City, County, State and Federal agencies. (d) Workers' Compensation Policy CONTRACTOR shall maintain in full force and effect during the term of this Agreement, a workers' compensation policy in accordance with the provisions and requirements of the Labor Code of the State of California and such other forms of insurance as shall be required by law. The policy providing coverage shall provide that the insurance shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the CITY. Waivers of Subrogation shall be in effect for any claims asserted against the CITY which arise out of CONTRACTOR's operations and CONTRACTOR shall have this clause endorsed on their Workers' Compensation policies. (e) Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability insurance satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees, as insured or additional insured, which provides coverage for liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the performance by CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees pursuant to Section 1 of this Agreement, of CONTRACTOR's covenants hereunder, or any failure or omission thereof. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less that the following minimum amount: One Hundred Million Dollars ($100,000,000.00) combined single limit and, in addition, Ten Million Dollars ($10,000,000.00) of Environmental Impairment Liability coverage for bodily injury, property damage and cleanup costs as it relates to the transportation of Solid Waste. Said insurance shall protect CONTRACTOR and CITY from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Agreement, whether such operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Such policy or policies shall contain severability of interests clauses so that the rights and duties of the CITY are clearly separate from CONTRACTOR'S interests. Said policy or policies shall also contain a 30 25A-38 provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days prior written notice by certified mail thereof has been given to CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted. (f) Insurance Responsibility for CITY Owned Solid Waste Collection and Recyclin~ Vehicles• This Agreement expressly and absolutely transfers the entire responsibility for any and all damage to the CITY owned Solid Waste collection and Recycling vehicles, and any and all liability arising out of the use of such vehicles, directly and completely to CONTRACTOR. This same transfer includes the requirement that CONTRACTOR has expressly agreed to be contractually, fully and completely responsible for complying with all of the State of California's Motor Vehicle Insurance laws, rules and regulations. To be more specific, this includes having CONTRACTOR insure each and every CITY Solid Waste collection and Recycling vehicle for auto liability and physical damage, including both collision and comprehensive insurance. The amount of auto liability insurance shall be not less than One Hundred Million Dollars ($100,000,000.00) combined single limit, covering auto bodily injury and property damage for owned, non-owned and hired vehicles. Collision and Comprehensive coverage shall be insured on an actual cash value basis. If the physical damage insurance is insured on a loss-limit basis, the loss limit shall be equal to or exceed the actual cash value of all of the CITY Solid Waste collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best Company with a minimum rating at A VII. The policy or policies shall contain severability of interest clauses so that the right and duties of the CITY are clearly separate from CONTRACTOR'S interests. The CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will verify to CITY that adequate funds are available to pay any liability Self-Insured Retention, collision and comprehensive deductibles, or other self-insurance plans approved by the CITY. Ninety (90) days or more of prior notice for material change in coverage, exclusions and conditions or cancellation will be endorsed onto CONTRACTOR'S policies in favor of the CITY. Loss Payee endorsements or similar clauses will be endorsed onto CONTRACTOR'S property insurance policies protecting the CITY'S Solid Waste collection and Recycling vehicles. Endorsements to all policies with policy declaration pages will be required. Certificates of Insurance shall be provided prior to receiving insurer policy endorsements. (g) Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and employees, against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY and shall defend, indemnify and save harmless CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, maybe necessary for its proper protection in the performance of the work. Insurance coverage specified in this Agreement shall in no way lessen or limit the terms of this indemnification. (h) Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school 31 25A-39 and college districts regarding the Solid Waste collection regulations contained herein. (i) Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any term or condition of this Agreement or any performance required thereunder, or any remedy, damage or other liability arising out of such refusal, neglect or inability to perform at any time. 42. SUBCONTRACTORS AND MANAGEMENT: (a) The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first obtaining the consent of the City Council. (b) CONTRACTOR shall designate the person to be in charge of administering this Agreement. The CITY retains the right to reject said person at any time during the term of this Agreement upon reasonable grounds. Should the CITY require the replacement of any person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within which to designate, with the CITY'S approval, a new person. (c) The CITY may cancel this Agreement pursuant to Section 35 or in the event of a breach of the covenants in subsections (a) and (b) hereinabove. 43. ACCOUNTING AND AUDITING: (a) The CONTRACTOR shall maintain financial records in accordance with generally accepted accounting principles. (b) CONTRACTOR shall make its records, reports, and methods of accounting available to the CTTY'S designated representative during normal business hours to allow the such person to review and verify the information reported pursuant to this Agreement including, but not limited to, the information reported pursuant to Section 16 hereof, the information reported pursuant to Sections 22 through 25 including, but not limited to, the tonnages reported therein, and the Gross Receipts reported pursuant to Section 10 hereof. (c) CITY shall make its billing records available to CONTRACTOR upon reasonable notice for the purpose of auditing such records. 44. BOND: The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2,000,000.00) conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its subcontractors, if any. Said bond maybe written for a term of one year, and may thereafter be renewed by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in force for the complete term of this Agreement. 32 25A-40 45. MEDIA RELATIONS: The CONTRACTOR shall notify the CITY by facsimile of all requests for news media interviews related to the CITY'S Solid Waste collection program within twenty-four (24) hours. Before responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed response with the CITY. Copies of draft news releases or proposed trade journal articles shall be submitted to CITY for prior review and approval at least two (2) working days in advance of release. Copies of articles resulting from media interviews or news releases shall be provided to the CITY within five (5) days after publication. 46. NOTICES: Any notice required by this Agreement shall be sufficiently served if personally delivered or if deposited into the U.S. Mail, postage prepaid, and if addressed as follows: If served by CONTRACTOR upon CITY: Executive Director of Public Works Public Works Agency City of Santa Ana 20 Civic Center Plaza M-21 Santa Ana, California 92701 If served by CITY upon CONTRACTOR: David Ross Senior District Manager Waste Management 1800 South Grand Santa Ana, California 92705 With a courtesy copy to: West Group General Counsel Waste Management, Inc 7025 N Scottsdale Road, Suite 200, Scottsdale, AZ 85253 47. GENDER AND NUMBER: As used herein, the masculine gender shall include the feminine and neuter, and the singular shall include the plural. 48. VALIDITY: 33 2 5A-41 The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 49. ASSIGNABILITY: CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of performance under this Agreement, whether by assignment or novation, without the prior written consent of the CITY; provided, however, that claims for money due or to become due to the CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or transfer of any rights or interests herein to any other wholly owned subsidiary of Waste Management, Inc. Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within seven (7) calendar days of such assignment, merger or transfer. 50. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. ATTEST: CITY OF SANTA ANA PATRICIA A. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney JAMES G. ROSS Executive Director, Public Works Agency By: 34 25A-42 DAVID N. REAM City Manager USA Waste of California, Inc., By: Title: EXHIBIT "A" The Licensed Equipment DESCRIPTION QUANTITY Volvo FE42T, Class 7 Tractor 23 Heil Rapid Rai132 Cubic Yard Trailer with 23 Automated Lifting Arm and Packer Volvo WX64 Chassis 2 Heil Half-Pak Front Loading Body 2 Residential Wheeled Carts Per the Attached 120,000 Specifications 25A-43 SPECIFICATIONS Solid Waste collection and Recycling plastic carts ("carts") for curbside service, City of Santa Ana, California Descriution Size A:35 gallon Depth: 23.75 inches maximum (including handles) Width: 19 inches maximum Height: 35 inches maximum (to body rim) Size B: 64 gallon Depth: 27 inches maximum (including handles) Width: 24 inches maximum Height: 39 inches maximum (to body rim) Size C: 96 gallon Depth: 34.5 inches maximum (including handles) Width: 26 inches maximum Height: 43 inches maximum (to body rim) All three sizes must be available in green, grey and burgundy. Technical Reauirements 1. Body: Carts shall be injection molded of virgin high density polyethylene plastic. The body of the cart shall be molded to present a smooth interior and exterior surface. The body of the carts shall have a minimum wear strip under the floor of %2 inch (protecting the floor from abrasive contact with the street surface). 2. Material: Recyclable polyethylene, U.L. approved with a rating of HB or better. Average Wall Thickness: Size A: Not less than .140 inch Size B: Not less than .160 inch Size C: Not less than .165 inch Carts shall be suitable for use in temperature of >120° F to -20°F. All plastic and component parts used in the construction of the carts shall be recyclable into other polyethylene products. Crosslink resin is not acceptable. All carts shall be manufactured with a minimum of 20% post consumer recycle content. Carts shall be manufactured with a UV stabilizer. The UV stabilizer shall be added in the solution during the polymerization, prior to pelletizing, compounding and molding. Independent laboratory tests of the carts bid must accompany bid samples certifying compliance as specified in part 2 of the detailed specifications. 2 5A-44 3. Wheels: Two (2) wheels with self-lubricating bearings with a minimum load rating of 120 lbs. per wheel. Wheels shall be attached to the axle via a tamper resistant snap-on method which contains no metal components. No cotter pins, "Pal nuts" or similar restraining devices shall be utilized to attach the wheel. All wheels shall be 1.75 inches wide. Wheels shall be easily removed for replacement with anon-commercially available tool. Wheel Sizes: Size A: 8 inches Size B: 10 inches Size C: 12 inches 4. Axles: Axles shall be solid steel and electro-plated with black zinc for durability and long life. Carts should be designed in such a way as to prevent the axle from popping out. An axle, which is only press fitted and not secured in some additional manner will not be acceptable. Axle Sizes: Size A: 5/8 inch Size B: 6/8 inch Size C: 7/8 inch 5. Lids: Lids shall be molded of the same material as the cart body and shall be permanently attached to the cart body with plastic hinge(s). Metal fasteners are not acceptable. Lids shall be watertight and slightly domed to facilitate run-off of rainwater. The lid shall be designed to fold over parallel to the back side of the cart when fully opened. Lids shall be factory assembled. 6. Locking Bar: The semi-automated lifting area shall be integrally molded with the body of the cart. The locking bar shall be able to rotate a full three-hundred sixty (360) degrees and shall be constructed ofzinc-coated steel to prevent rust and corrosion. Plastic locking bars are unacceptable. 7. Certification by a certified independent laboratory shall be required of the following minimum standards and quality assurance measurements: 7.1 Drop Impact Test -material and weight shall be cold soaked at a temperature of not less than -20 F for 24 hours and dropped within 60 seconds of leaving the cold chamber. Carts shall remain watertight after a minimum drop height of 15 feet. Test loads are as follows: Size A: 120 lbs. distributed Size B: 160 lbs. distributed Size C: 1801bs. distributed 25A-45 7.2 Lift and Dump Test - shall verify the cart's compatibility with approved, commercially available, standard dumping equipment. Test shall be performed at room temperature with a cycle time that simulates lift, dump and return of 6 seconds. Carts shall remain watertight and functional beyond 6,000 cycles. Test loads are as follows: Size A: 160 lbs. distributed Size B: 250 lbs. distributed Size C: 3501bs. distributed 7.3 WheeUAxle Test -shall verify the combined durability of the wheels, axle and cart axle supports under fully loaded conditions. The two cycle tests shall be performed at room temperature as follows: Cycle 1 - with a rolling length of 75 feet and a 5" curb drop. Cart shall continue to roll freely and be watertight after 1,000 drops. Cycle 2 -repeated with a 5.5" stair drop. watertight after 1,000 drops. Test loads shall be as follows: Size A: 125 lbs. distributed Size B: 200 lbs. distributed Size C: 3501bs. distributed Cart shall continue to roll freely and be 7.4 Salt Spray - ASTM B117-90 corrosion tests shall be applied to the lift bracket for a minimum of 96 hours and to the axle for a minimum of 500 hours. Bracket and axle shall remain corrosion free. 8. Serial Number/Manufacture Date: Each cart shall be hot stamped with a seven digit, 1-%2" high alphanumeric identification number on the front of the cart. An in-molded year/month date wheel identification will be located on the bottom of the cart. 9. Markings: Each cart lid shall be clearly and permanently marked with the cart's size or volume capacity. 9.1 Precautionary instructions shall be molded into the lids in English and Spanish as follows: Size A: Cart Capacity 35 Gallons Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 125 pounds. Do not put anything hot such as ashes in the cart. 25A-46 Do not put paints, solvents, gasoline, oil, etc. in cart. Size B: Cart Capacity 64 Gallons. Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 200 pounds. Do not put anything hot such as ashes in the cart. Do not put paints, solvents, gasoline, oil, etc. in cart. Size C: Cart Capacity 96 Gallons. Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 250 pounds. Do not put anything hot such as ashes in the cart. Do not put paints, solvents, gasoline, oil, etc. in cart. 9.2 The hot stamp text area size shall be as follows: Size A: 2%2" x 14" Size B: 3%z" x 18" Size C: 4%2" x 19" 10. References: Each bid shall include references of communities which have purchased like sizes and quantities of carts. For each reference, carts shall currently be in service for a minimum of 2 years. 11. Warranty: Each cart must be covered by a minimum 10 year warranty against materials and manufacturing defects. The first five years (1 through 5) shall be with full warranty; years 6 through 10 shall be prorated. 25A-47 EXHIBIT "C" Rates Effective July 1, 2005 1. 2. CURBSIDE SERVICE Subject to the provisions of this Agreement, the City shall collect the rate of $14.93 on behalf of the Contractor for curbside service. This rate represents the CONTRACTOR's rate of $12.14, the City's administrative cost of $2.48, and the NPDES cost of $.31 per curbside service unit. The City shall collect the rate of $13.18 on behalf of the CONTRACTOR for all qualifying senior citizen and mobile park curbside service units. This rate represents the CONTRACTOR'S rate of $12.14, the City's administrative cost of $0.73, and the NPDES cost of $.31 per curbside service unit. The City shall be permitted to retain its administrative and NPDES costs. Rates for each additional solid waste collection and recycling plastic cart shall be no greater than $2.00 per month. RESIDENTIAL BIN SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Residential Bin Service: Monthly Rate 1 YARD BIN X 1/WEEK $73.04 1 YARD BIN X 2/WEEK $131.11 1 YARD BIN X 3/WEEK $189.15 1 YARD BIN X 4/WEEK $247.25 1 YARD BIN X 5/WEEK $305.26 1 YARD BIN X 6/WEEK $378.34 2 YARD BIN X 1/WEEK $78,70 2 YARD BIN X 2/WEEK $142.44 2 YARD BIN X 3/WEEK $206.17 2 YARD BIN X 4/WEEK $269.89 2 YARD BIN X 5/WEEK $333.63 2 YARD BIN X 6/WEEK $397.34 3 YARD BIN X 1/WEEK $114.30 3 YARD BIN X 2/WEEK $198.69 3 YARD BIN X 3/WEEK $283.00 3 YARD BIN X 4/WEEK $367.45 3 YARD BIN X 5/WEEK $451.81 3 YARD BIN X 6/WEEK $573.62 4 YARD BIN X 1/WEEK $134.95 4 YARD BIN X 2/WEEK $232.49 4 YARD BIN X 3/WEEK $330.01 4 YARD BIN X 4/WEEK $427.57 25A-48 4 YARD BIN X 5/WEEK 4 YARD BIN X 6/WEEK $525.06 $674.94 CONTRACTOR may offer a discount in the Residential Bin rates to a Residential Bin Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins. 3. COMMERCIAL/INDUSTRIAL BIN Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for CornmerciaUindustrial Bin Service: Monthly Rate 1 YARD BIN X 1/WEEK $58.33 1 YARD BIN X 2/WEEK $101.64 1 YARD BIN X 3/WEEK $145.01 1 YARD BIN X 4/WEEK $188.42 1 YARD BIN X 5/WEEK $231.74 1 YARD BIN X 6/WEEK $290.05 2 YARD BIN X 1/WEEK $64.23 2 YARD BIN X 2/WEEK $113.55 2 YARD BIN X 3/WEEK $162.82 2 YARD BIN X 4/WEEK $212.07 2 YARD BIN X 5/WEEK $261.36 2 YARD BIN X 6/WEEK $333.06 3 YARD BIN X 1/WEEK $92.62 3 YARD BIN X 2/WEEK $170.32 3 YARD BIN X 3/WEEK $247.96 3 YARD BIN X 4/WEEK $325.61 3 YARD BIN X 5/WEEK $403.25 3 YARD BIN X 6/WEEK $518.29 4 YARD BIN X 1/WEEK $121.04 4 YARD BIN X 2/WEEK $219.55 4 YARD BIN X 3/WEEK $318.11 4 YARD BIN X 4/WEEK $416.71 4 YARD BIN X 5/WEEK $515.26 4 YARD BIN X 6/WEEK $666.18 CONTRACTOR may offer a discount in the commerciaUindustrial bin rates to a Commercial/Industrial Bin Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins. 25A-49 4. 5. ROLL-OFF SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Roll-Off Services: Container Size Haul Rate Additional Fee for Compactor 10 Cubic yard $179.00 $37.29 20 Cubic yard $179.00 $37.29 40 Cubic yard $179.00 $37.29 In addition to the Roll-Off Service rates set forth above, CONTRACTOR may charge the Roll-Off Service Customer for the actual Gate Fees paid at the Disposal Site or fees charged at the Materials Recovery Facility. SPECIAL BIN SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Special Bin Services: (A) A bin which needs to be moved in excess of twenty-five (25) feet in order to be emptied maybe assessed no more than the following fees: (1) Moving of bins 25 to 50 feet: $1.00 per month times the number of times emptied each week. (2) Moving of bins 51 to 75 feet: $2.00 per month times the number of times emptied each week. (B) A bin which possesses casters may be assessed a caster charge of no more than $2.50 per bin per month. (C) CONTRACTOR may apply a surcharge to bin Customers who use trash compactors of not to exceed a multiplier of 1.5 times the normal bin rate for said service. (D) CONTRACTOR may charge a special service charge of no more than $2.00 a month times the number of times a week a bin is emptied for moving a bin out of an enclosure. (E) CONTRACTOR may charge a fee of no more than $54.83 per bin for an additional bin pickup when such pickup is requested by a Customer. (F) CONTRACTOR may charge a fee of no more than $2.00 per month to a Customer who requests a bin with a lock. 25A-50 (G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard Bin Service. (H) CONTRACTOR may charge a reasonable fee for a plastic injection molded two (2) cubic yard container. (I) CONTRACTOR may charge a fee of no more than $61.82 per bin to persons who need temporary use of a three (3) cubic yard bin. (J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on difficult to service streets. (K) CONTRACTOR may charge a fee of no more than $30.00 per occurrence for overflowing bins. 6. EMERGENCY SERVICES (A) The rate per vehicle hour with a two (2) person crew providing emergency Roll-Off Service on an on-call basis shall be no more than sixty dollars ($60.00) for the term of this Agreement. (B) The rate per vehicle hour with a two (2) person crew providing emergency Bin Services on an on-call basis shall be no more than sixty five dollars ($65.00) for the term of this Agreement. 25A-51 WASTE MANAGEMENT HOLDINGS INC. (WMH) GUARANTEE Name of Underlying Contract: Third Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana Date of Underlying Contract: June 19,1997 Beneficiary: CITY OF SANTA ANA, a municipal corporation of the State of California Address: 20 Civic Center Plaza, Santa Ana, CA 92701 WMH Contracting Company: USA Waste of California, Inc., a Delaware corporation TO THE BENEFICIARY IDENTIFIED ABOVE: With respect to that certain underlying contract identified above (hereinafter the "Agreement") dated as of the above specified date by and between the WMH Contracting Company identified above (the "Contractor") and the beneficiary identified above (the "Beneficiary"), and subject to the terms of this letter agreement (the "Guarantee"), Waste Management Holdings Inc., a Delaware corporation (hereinafter "WMH"), hereby irrevocably and unconditionally guarantees to the Beneficiary the performance of all obligations and the due and punctual payment of all amounts payable by the Contractor to the Beneficiary under the Agreement when the same shall become due and payable in accordance with the terms of the Agreement. Upon failure of the Contractor punctually to perform or pay any such amounts, and upon written demand by the Beneficiary to WMH at its address set forth below (or to such other address or person as WMH may specify in writing), WMH agrees to perform or cause to be performed and to pay or cause to be paid such amounts. Notwithstanding the foregoing, WMH's obligations hereunder as to any claim, suit, proceeding, event or other matter in respect of which the Beneficiary at any time shall be seeking payment hereunder (referred to herein as "Guarantee Events") shall be subject to the preconditions that (i) the Beneficiary shall have given written notice of such Guarantee Event to the Contractor promptly after learning thereof, (ii) in the case of any failure by the Contractor to perform any obligation under the Agreement, shall have afforded WMH a reasonable opportunity to cure such failure, and (iii) there shall not have occurred and be continuing any material breach by the Beneficiary of its obligations under the Agreement. WMH hereby agrees that, except as expressly provided herein, its obligations hereunder will be unconditional and will not be discharged except by complete payment or other lawful discharge (other than by operation of Bankruptcy law) of the amounts due under the Agreement, irrespective of any claim as to the lack of authority of the Contractor to execute or deliver the Agreement, the absence of any action to enforce the Agreement, the failure to obtain any judgment against the Contractor, the failure to commence any action to enforce a judgment against the Contractor under the Agreement or any similar circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor generally. 25A-52 Except as set forth above, WMH hereby waives diligence, presentment, demand on the Contractor for payment, filing of claims, requirement of a prior proceeding against the Contractor and protest or notice, except as provided for in the Agreement with respect to amounts payable by the Contractor. If at any time payment under the Agreement is rescinded or must be otherwise restored or returned by the Beneficiary upon the insolvency, bankruptcy, or reorganization of the Contractor or WMH or otherwise, WMH's obligations hereunder with respect to such payment shall be reinstated upon such restoration or return being made by the Beneficiary. WMH represents the Beneficiary as of the date hereof that: (1) it is duly organized and validly existing under the laws of the jurisdiction of its incorporation and has full corporate power and legal right to execute and deliver this Guarantee and to perform the provisions of this Guarantee on its part to be performed; (2) its execution, delivery, and performance of this Guarantee have been and remain duly authorized by all necessary corporate action and do not contravene any provision of its certificate of incorporation or by-laws or any law, regulation, or contractual restriction binding on it or its assets; and (3) this Guarantee is its legal, valid and binding obligation enforceable against it in accordance with its terms except as enforcement hereof may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights or by general equity principles. By accepting this Guarantee and entering into the Agreement, the Beneficiary agrees that WMH shall be subrogated to rights of the Beneficiary against the Contractor in respect of any amounts paid by WMHA pursuant to the Guarantee. WMH acknowledges that the Contractor is a direct or indirect subsidiary of WMH and that WMH will receive substantial benefit from the performance of the Agreement. Neither this Guarantee nor the Agreement may be amended without the advance written consent of WMH and the Beneficiary. No amendment shall be effective unless set forth in a written instrument so executed. If WMH shall default in the performance of its obligations hereunder, WMH shall pay to the Beneficiary all costs incurred by the Beneficiary in enforcing its rights hereunder against WMH, including reasonable attorney fees and court costs. Any notice or other communication required or permitted by the terms hereof shall be in writing and shall be given in a commercially reasonable manner to WMH at 1001 Fannin, 40th Floor, Houston TX 77002, Attention: General Counsel, or to such other address as WMH shall specify in writing to the Beneficiary at its above-specified address or such other address as the Beneficiary shall notify to WMH as provided herein. 25A-53 This Guarantee shall be governed by and construed in accordance with the internal laws of the State of Illinois applicable to contracts made to be performed therein. The Beneficiary's receipt and acceptance of this Guarantee shall constitute the Beneficiary's acceptance of and agreement to each and every term hereof. WASTE MANAGEMENT HOLDINGS, INC. RECEIVED AND ACCEPTED: (Beneficiary) By: By: Its: Its: 25A-54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: AGREEMENT WIT$ COUNTY OF ORANGE FOR 2005 6 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS CIT MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement with the County of Orange, Sheriff's Department to transfer funds for the 2005 Edward Byrne Memorial Justice Assistance Grant Program. 2. Authorize the City Manager, Chief of Police and the Clerk of the Council to execute a memorandum of understanding with the County of Orange, Sheriff's Department to submit a joint application for the 2006 Edward Byrne Memorial Justice Assistance Grant. DISCUSSION In April 2005, City Council approved to execute an agreement with the County of Orange, Sheriff's Department to submit a joint application for the 2005 Edward Byrne Memorial Justice Assistance Grant (JAG) program. The JAG program is a combination of the previous Local Law Enforcement Block Grants (LLEBG) and the Edward Byrne Memorial Formula Grants by the federal Department of Justice, Office of Justice Programs. The City agreed to contribute a portion of the 2005 JAG award to fund PROACT, the Orange County Pro-Active Methamphetamine Laboratory Investigative Team. The agreement to transfer funds for the 2005 JAG program is necessary for the City to seek reimbursement for the remainder of our allocated funds. The Orange County units of local government involved in the 2006 JAG program grant application have agreed that the County of Orange, Sheriff's Department, will submit the joint application for this program, as required by federal guidelines. Of the $122,778 tentatively allocated for Santa Ana, the entire funding amount will be designated to supplement the County's PROACT program. 25B-1 GLtKK OF GOUNGIL USE ONLY: 2005 JAG Agreement and 2006 JAG Application April 3, 2006 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. APPROVED AS TO FUNDS AND ACCOUNTS: CVW~ ` _ ~ ~ G~=- // ~~.~~ ~~~ Paul M. Walters ~~Francisco Gutierrez j'I.,~~ Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: RENEW AGREEMENT FOR POLICE DEPARTMENT JANITORIAL SERVICES CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with Able Building Maintenance Company, for janitorial services at the Police Department in an amount not to exceed $400,000. DISCUSSION In November 2003, the City Council approved a one-year agreement with the option of two, one-year renewals with Able Building Maintenance Company to provide janitorial services at the Police Department. The agreement provides for equipment, supplies, and maintenance of the Police Department facility with an on-site supervisor. Able Building Maintenance Company has performed in a satisfactory manner and staff recommends exercising the last one-year renewal option of this agreement. FISCAL IMPACT Funds are available in the Police Department's Property & Building Other Contractual Services Account (account no. 011-350-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~ r /~ Paul M. Walters /Francisco Gutierrez Chief of Police ~~/U, Executive Director Police Department Finance & Mgmt. Services Agency ~/% 25C-1 CLERK OF COUNCIL USE ONLY: 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: AMEND AGREEMENT WITH LARGE SCREEN DISPLAYS FOR CONSULTING SERVICES ITY MANAGER RECOMMENDED ACTION ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Large Screen Displays to provide multi- media systems integration consulting servic e in an additional amount of $8,500, for a total aggregate amount not to exceed $15,000. DISCUSSION On December 19, 2005, the City Council accepted the COPS 2005 Technology Grant from the U.S. Department of Justice, Office of Community Oriented Policing. The grant award will fund specific technology expansions to enhance Santa Ana's Technological Approach To Target Responses Against Crime (STAY-TRAC), specifically by equipping the field officer Roll Call Room, Community Room, and one of the Training Classrooms with the same technology and equipment currently in the STA-TRAC room. Large Screen Displays specializes in multi-media systems integration. Staff recommends amending the agreement with Large Screen Displays for an additional amount not to exceed $8,500 for the purpose of providing consulting services to complete the grant funded project. FISCAL IMPACT Funds are available in the COPS Technology 2005 Grant Other Contractual Services account (account no. 127-357-6291). APPROVED AS TO FUNDS AND ACCOUNTS: _)~ a~ k ~~ ~ Paul M. Walters ~~Francisco Gutierrez ~' Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency %- APPROVED 25D-1 CLERK OF COUNCIL USE ONLY: 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: r~ l~ Edoution Ist CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute amendments to the following agreements, extending them through June 2018: 1. An amendment to the current agreement with Waste Management for the collection and recycling of construction and demolition debris; 2. An amendment to the current agreement with Ware Disposal for the collection and recycling of construction and demolition debris; 3. An amendment to the agreement with Madison Materials for sorting, processing and recycling of construction debris. DISCUSSION In 2005 the City approved agreements for collection and recycling of construction and demolition debris with Waste Management and ware Disposal. In addition the City approved an agreement with Madison Materials to sort, process and recycle all construction and demolition debris collected and deposited at the facility by Ware Disposal and Waste Management. It is recommended the Council approve amendments to these agreements, extending them through 2018. The amendments will include provisions that will ensure that consumer prices remain competitive. City staff continues to meet with Ware Disposal to evaluate options for relocating their present processing operation to another, enclosed location and for relocating their hauling operation from their current Logan Lacy location. These meetings will continue as large properties become available. In addition, the County is expected to act at its next Board meeting on a proposal to increase landfill rates for construction and demolition materials and green waste. That action will serve as the basis for new 25E-1 AMENDMENTS TO AGREEMENTS WITH WASTE MANAGEMENT INC., WARE DISPOSAL AND MADISON MATERIALS Agreements With Waste Management Inc., Ware Disposal And Madison Materials April 3, 2006 Page 2 recycling requirements and a possible change in the City's ordinance that would require contractors generating construction and demolition debris to recycle their material at a materials recovery facility. Madison Materials will be the closest and most convenient facility available to contractors. ENVIRONMENTAL IMPACT There is no environmental impact associated with these actions. FISCAL IMPACT There is no fiscal impact associated with the action to extend these agreements. jj ~~ ~l"1 ,~i1 James G. Ross il." Executive Director Public Works Agency 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: AMENDMENT TO AGREEMENT WITH DR. LORRIE BOLDRICK FOR PROVIDING VETERINARY SERVICES CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement amendment with Dr. Lorrie Boldrick, DBA Quillie Acres, to provide veterinary services for the Santa Ana Zoo at Prentice Park for a period of one year, in an additional amount of $33,000, for a total aggregate amount not to exceed $68,000. The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture to provide veterinary services for the collection of animals maintained at the Zoo. Dr. Boldrick will provide a comprehensive program of preventative and curative medical care for the entire Zoo collection. Dr. Boldrick will visit Zoo facilities a minimum of 12 hours per week and examine the animals' health and sanitation, and assist with maintaining complete medical history records for each animal in the animal collection. Dr. Boldrick currently has an agreement to provide veterinary services to the domestic animal collection in an amount not to exceed $35,000. This agreement amendment will allow the Zoo to centralize the provision of veterinary services by authorizing Dr. Boldrick to also serve as the veterinarian for the exotic animal collection. The cost of the additional services will be approximately $33,000, bringing the total contract amount to $68,000. 25F-1 CLERK OF COUNCIL USE ONLY: Amendment for Veterinary Services April 3, 2006 Page 2 E23CAL IMPACT Funds are available in the Santa Ana Zoo at Prentice Park, Other Contractual Services expenditure account (account no. 11-247-6291). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet ~~F,rancisco Gutierrez ~ Executive Direct r Executive Director Parks, Recreation and Community Finance and Mgmt. Services Agency Services Agency 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3,2006 TITLE: AGREEMENT WITH IVAN ENTERTAINMENT FOR MOTHER'S DAY CELEBRATION ENTERTAINMENT `~ CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Ivan Entertainment in an amount not to exceed $16,000 to provide the Mother's Day Celebration entertainment. DISCUSSION The City of Santa Ana Parks and Recreation and Community Services Agency and various community volunteers are coordinating the fifth annual Mother's Day Celebration, scheduled for Saturday, May 13, 2006 at the Santa Ana Stadium. The event is scheduled to start at 5:00 p.m. and end at 9:00 p.m. and features the Grammy Award-winning Little Joe y La Familia, managed by Ivan Entertainment. Little Joe y La Familia is one of the most popular Tex- Mex bands in the music industry. The group helped pioneer "Tejano" music, a mix of traditional "norteno" music and country, blues, and rock styles. General Admission price for the event is $10.00 and tables of eight seats on the field with a buffet dinner included are available for $500.00. Tillamook Cheese is the title sponsor, having donated $15,000 to help pay for entertainment for the event. FISCAL IMPACT Funds are available in the contract services expenditure Gerardo Mouet Executive Directo Parks, Recreation and Community Services Agency Recreation Special Fees and Donations other account (account no. 22-231-6291). APPROVED A//S// T/O/ FUNDS & ACCOUNT: ~~~rancisco Gutierrez rn Executive Director Finance & Management Svcs. Agency 25G-1 CLERK OF COUNCIL USE ONLY: 25G-2 REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: AMEND AGREEMENT (A-2005-295) WITH MANAGEMENT PARTNERS, INC. r~ l~ ed~~o~ ~a~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to amend agreement A-2005-295 with Management Partners Inc. for additional consulting services in an additional amount of $45,000, for a total aggregate amount not to exceed $79,500. DISCUSSION The Fire Department currently has an agreement with Management Partners, Inc. to evaluate the feasibility of creating a joint fire dispatch center between Huntington Beach, Fountain Valley, and Santa Ana. The Fire Department needs additional analytical services that are outside of the feasibility study. The Fire Department recommends increasing the current Management Partners, Inc. agreement by $45,000 for their assistance in gathering and disseminating information and developing the framework of a long-term Strategic Plan. FISCAL IMPACT Funds are available in the Fire Department's Office of the Fire Chief, Other C rgtractu 1 Services account (account no. 11-320-6291). ~~ ~l'~ ~ . ~ APPROVED AS TO FUNDS AND ACCOUNTS: ~~.,~1 LLB /t ~ -~---i~ P it ip M. G is J,~~'rancisco Gutierrez ireChief `Q"-Executive Director ~ire~' Department Finance and Mgmt. Services Agency 25H-1 25H-2 REQUEST FOR ~'~'~ "' COUNCIL ACTION Eda~aon la, CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: AGREEMENT WITH GENERAL LEARNING CLIMATES, INC. FOR CONSULTING SERVICES CONTINUED TO FILE NUMBER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with General Learning Climates, Inc. to provide consulting services in an amount not to exceed $15,000. DISCUSSION General Learning Climates, Inc. (GLC) has provided consulting services in previous years to the Public Works Agency for organizational development. At this time, staff recommends entering into a new agreement with GLC to work with the agency in defining organizational issues and enhancing internal communications. FISCAL IMPACT Funds are available in the Public Works Administration account for Other Contractual Services (account no. 101-601-6291). ~ James G. Ross Executive Director j Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: V ~ •~ /Francisco Gutierrez C`V/, Executive Director Finance & Mgmt. Services Agency /w~ 251-1 251-2 .~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: AGREEMENT WITH WILLIAM SCOTSMAN, INC. FOR THE LEASE OF MODULAR CLASSROOMS rte'' "i ~ducanon ler ~~! ~ /•~i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a lease agreement with William Scotsman, Inc. for modular classrooms at the Fire Department's Centennial Park Training site, in an amount not to exceed $632,860. DISCUSSION For many years the Fire Department leased the building at 1427 S. Broadway and has used it for the Training Section. This building is in the process of being sold. To accommodate the loss of this office and classroom space, an effort to develop the Fire Department's training site at Centennial Park has been proposed. The short-term plan is to make the needed land improvements that enable setting up of modular classrooms and offices on the site. The Fire Department is recommending entering into a five-year lease with William Scotsman, Inc. for a modular building that has approximately 5,000 square feet of space. The monthly lease payment is $9,786 for a total cost of $587,160 and additional one-time set-up/take- down costs of approximately $45,700, totaling $632,860. William Scotsman, Inc. was selected based on a competitive bid award with the Beardsley Unified School District in Bakersfield, California. 25J-1 Agreement with April 3, 2006 Page 2 FISCAL IMPACT William Scotsman, Inc. Funds for FY 2005/06 ($56,835) are available in the Fire Department's Fire Facility Fund account (account no. 120-323-6294); future lease payments will be budgeted from the Fire Facility Fee Improvement Fee revenues (account no. 120-01-5161) in FY2007 to FY2011. APPROVED AS TO FUNDS AND ACCOUNTS: ~-Phillip M. Garcia Fire Chief Fire Department rancisco Gutierrez Executive Director Finance and Mgmt. Services Agency 25J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: RESOLUTION AUTHORIZING ABSENCE WITH PAY FOR APPROVED CITY EMPLOYEES WHO STAFF POLLING LOCATIONS ON ELECTION DAY f1 ~"~~' i=a,..:.~~~„~ ~~~: ~~~; CLERK OF COUNCIL USE ONLY: -~~~ ~5~~ ~ a ~ c. CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager to approve absence with pay for approved City employees who volunteer to staff a polling location on election day. DISCUSSION On January S, 2002, the Orange County Board of Supervisors initiated a program in which County employees volunteer to serve as poll workers on election days. The intent of the program is to provide a stable pool of trained poll workers during elections to ensure that each polling place operates efficiently and effectively. On September 1, 2004, the County of Orange Registrar of Voters asked Santa Ana and other cities to assist in this effort by releasing employees on November 2, 2004 to supplement the number of County employees and other poll workers operating polling locations on this general election day. The City complied with this request, and approximately two dozen employees who volunteered for this assignment were released from their normal jobs to perform election-related duties at polling locations throughout Orange County. The Registrar of Voters is again requesting assistance from the City of Santa Ana, and has asked that employees who wish to volunteer their services be released from work on June 6, 2006 to assist with the State Primary. City employees who volunteer and are approved by their supervisors for this duty will be released from work for training and election day duties. These volunteers will work from approximately 6:00 a.m. to 9:30p.m. on election day and will receive their normal workday salary. A three-hour training on election day duties will be provided by the County and will include preparing and closing the polling place, issuing 55A-1 Proposed Authorization of Absence with Pay for City Employees Who Staff Polling Stations On Election Day Page 2 ballots, explaining the electronic voting system, and answering voters' procedural questions. FISCAL IMPACT As City employees will be released from budgeted positions, there will be no additional costs associated with this action. However, there will be a loss of productive work hours and a corresponding loss in service provided, the impact of which will be determined by the number of employees who volunteer for this assignment. Enrique Al a Execut Di ec or Personnel S ces 55A-2 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING ABSENCE WITH PAY FOR CITY EMPLOYEES WHO VOLUNTEER TO STAFF POLLING STATIONS FOR THE COUNTY ON ELECTION DAY 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. On January 8, 2002, the Orange County Board of Supervisors initiated a program in which County employees volunteer to serve as poll workers on Election Day. Its primary objective is to ensure that poll locations throughout Orange County are staffed with a sufficient number of trained poll workers. B. On September 1, 2004, the County of Orange Registrar of Voters requested that the City of Santa Ana release City employees on November 2, 2004, in order to allow them to volunteer as poll workers on Election Day at polling stations in Orange County. The City complied with this request. C. The County of Orange Registrar of Voters is again requesting that the City of Santa Ana release City employees on June 6, 2006, to allow the employees to volunteer as poll workers at polling stations for the State Primary election. Section 2: In the interest of upholding its civic responsibilities and in reflection of its position as the largest city in Orange County and the County seat for all government operations, the City Council hereby authorizes the City manager to develop policies and procedures that allow for the release of City employees on Election Day to act as volunteer poll workers for the County at polling locations in Orange County. All work releases shall be voluntary and employees will receive their normal salary for the day released without regard to the actual hours the employee spends acting as a volunteer. Employees shall also be released for any mandatory training required of volunteer poll workers. 55A-3 Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of April, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka 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-_ 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 55A-4 REQUEST FORS ~~ COUNCIL ACTION '~, ~F,pucatmm !s, CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2006-2007 w ~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~dReading ^ Ordinance on 2 Reading ^ Implementing Resolution ^ Set Publ'ic` Hearing For CONTINUED TO ~{ - p~j~~ FILE NUMBER 1. Approve the proposed fiscal year 2006-2007 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United, States Department of Housing and Urban Development for the City's fiscal year 2006-2007 allocation of Community Development Block Grant funds, and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or subrecipients awarded funds as part of the approved program. HUMAN RELATIONS COMMISSION RECOMMENDATION Direct staff to transmit the Human Relations Commission's funding recommendations for fiscal year 2006-2007 Community Development Block Grant Social Services Programs to the City Council. By a vote of 7:0 (Hoa absent) at its Special Meeting of February 1, 2006. DISCUSSION Since fiscal year 1974-1975, Santa Ana has received Community Development Block Grant (CDBG) funds to improve low- and moderate-income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including 75A-1 Public Hearing - CDBG Program FY 06-07 March 7, 2006 Page 2 housing, street improvements, parks and public works improvements, social services, historic preservation and community services. The City's entitlement for fiscal year 2006-2007 will be $7,106,574. No more than fifteen percent of this entitlement may be used for social service programs. The proposed CDBG program and budget for fiscal year 2006-2007 reflect the culmination of a process that solicited proposals from outside organizations and City agencies for the use of the annual entitlement. Invitations to apply for funds were distributed to 179 organizations in September 2005. Staff then met with the Human Relations Commission (HRC) in its capacity as the CDBG Citizen Advisory Board to review the applications and conduct three public hearings held on January 18, 24, and 30, 2006 in the City Council Chambers. Following the public hearings, staff met again with the HRC to draft a recommended social service program and budget for City Council consideration. The proposed fiscal year 2006-2007 CDBG program and budget (Exhibit 1) consists of the Commission's recommendations for social service funding and staff's funding recommendations for the remainder of the program, including capital projects, code enforcement and program administration. The HRC ranking and funding recommendations for the social service programs is also provided (Exhibit 2). The City Council public hearing will provide another opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD. FISCAL IMPACT Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented by $7,106,574. These funds will be available for the approved program effective July 1, 2006. APPROVED AS TO FUNDS AND ACCOUNTS: ~c Patricia C. Whitaker rancisco Gutierrez Executive Director Executive Director Community Development Agency Finance & Management Services Agency PCW/NTE/mlr H:\ACTIONS\2006 CC\PH - CDBGProgFY2006-2007 2-21-06.doc 75A-2 CITY OF SANTA ANA 2006-2007 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS BY TAB ORDER TAB APPLICANT NAME SERVICE SERVICE GRANT 06-07 AMT. RECOMM'D POPULATION CATEGORY AMT_ ~Q' ~u e>\rr 1 Achievement Institute of Scientific studies Youth Academics $5,000 $ s,soo 7,500 2 Assistance League of Santa Ana Youth Clothing $17,000 $ 25,000 16,000 3 Blind Children's Learning Center Special Needs Therapy $18,000 $ 25,000 18,000 4 Bowers Museum Youth Academics $5,000 $ 5,000 5,000 5 Boys 8 Girls Club of Santa Ana Youth Recreation $29,000 $ 30,000 27,000 6 CHCADA-La Familia Family Counseling $0 $ 15,000 0 7 Cambodian Family, The Youth Academics $18,000 $ 45,000 17,000 8 Career Beginnings of Orange County Youth Academics $14,000 $ 18,000 14,000 9 Casa de Salud Family Health Clinic Adults Health $13,000 $ 50,000 10,000 10 City of Santa Ana, PRCSA- McFadden Youth Academics $81,000 $ 86,693 77,000 11 City of Santa Ana, PRCSA-Project Pride Family Recreation $198,000 $ 207,26s 177,000 12 Colette's Children's Home Homeless Sheller $0 $ 11,100 0 13 Community Service Program, Inc Youth Sheller $0 $ 15,000 0 14 Council of Orange County Society of St. Vincent de Paul Adults Case Management $0 $ 20,000 0 15 Council on Aging of Orange County Seniors Case Management $6,000 $ 17,982 7,000 16 Dayle McIntosh Center Special Needs Case Management $14,000 $ 12,000 8,000 17 Delhi Center Youth Recreation $5,000 $ 40,000 0 18 EI Centro Cultural de Mexico Youth Recreation $10,000 $ 25,000 10,000 19 EI Sol Science and Arts Academy Youth Academics $0 $ 25,000 0 20 Feedback Foundation, Inc: Meals on wheels Seniors Meals $22,500 $ 24,000 17,000 21 Feedback Foundation, Inc.-Senior Lunch Seniors Meals $22,500 $ 24,000 17,000 22 HistArt H Renaissance Inst. Low-Income Recreation $0 $ 32,000 10,000 23 Hope Community Services, Inc. Youth Crime Prevention $0 $ 44,600 0 24 Hotline of Southern California Low-Income Counseling $5,000 $ 5,000 5,000 25 Ictlms o Human Options Domestic Counseling $20,000 $ 20,000 16,000 26 Info Link Orange County Low-Income Counseling $0 $ 50,000 5,000 27 Kidsingers Youth Recreation $10,000 $ 20,000 10,000 2g ega oaety o range ase County Low-Income Management $6,000 $ 7,000 5,000 29 anposa omen an aml y Center Low-Income Counseling $6,000 $ 10,000 6,000 30 rcy ouse ransitional Living Centers, Inc. Low-Income Shelter $19,000 $ 60,000 19,000 31 atlona ounce on co o rsm ase & Drug Dependence -Orange Low-Income Management $20,000 $ 25,500 19,000 32 atlona entage- ca emy o International Dance Youth Recreation $5,000 $ 10,000 6,000 33 range ounty ar oun anon Addiction Youth Counseling $5,000 $ 10,000 6,000 75A-3 Exh{bft, CITY OF SANTA ANA 2006-2007 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS BY TAB ORDER TAB APPLICANT NAME SERVICE SERVICE G1lt~ANT 06-07 AMT. ~ OMM'D POPULATION CATEGORY AMT. ~' Q• (:RANT 34 range ounty ar oun anon ase Programs Shortstop Youth Management $13,000 $ 20,000 11,000 35 Orange County Crazies Youth Recreation $10,000 $ 25,000 10,000 36 range ounty igh chool o the Arts Foundation Youth Recreation $0 $ 10,000 7,000 37 range ounty uman Relations Council-Common Low-Income Counseling $0 $ 19,812 12,000 38 range ounty uman Relations Council-Heart of the Youth Recreation $0 $ 15,291 10,000 39 ase Orange County on Track Youth Management $4,000 $ 15,229 8,000 40 range ounty een Challenge Youth Academics $9,500 $ 9,500 9,500 41 range ounty outh Commission-Santa Ana Boxing Youth Recreation $7,000 $ 14,500 11,000 42 Relampago Del Cielo, Inc Youth Recreation $0 $ 6,200 5,000 43 Saint Joseph Ballet Youth Recreation $45,000 $ 50,000 36,000 44 ants Ana nen s or the Animals Low-Income Spay-Neuter $0 $ 10,000 8,000 45 ants Ana o ice ept.- Helicopter Low-Income Crime Prevention $204,875 $ 300,000 167,000 4(> S are Our elves- Comprehensive CARE Low-Income Counseling $0 $ 25,000 0 47 hare ur eves- ree Med/Dental Clinic Low-Income Health $10,000 $ 35,000 12,000 4g isters of t. Joseph o rang mp oyment Taller San Jose Low-Income Services $34,000 $ 55,000 35,000 49 out west inonty conomic ase Development Association Low-Income Management $10,000 $ 12,000 8,000 50 Think Together Youth Academics $5,000 $ 25,000 13,000 51 omas ouse emporary Shelter Homeless Shelter $15,000 $ 30,000 14,000 52 TKO Boxing Club Youth Recreation $13,000 $ 15,000 12,000 53 ietnamese ommunity o Orange County, Inc. Youth Crime Prevention $15,000 $ 67,091 12,000 54 WISE Place Homeless Shelter $12,500 $ 12,500 5,000 55 mp oyment Women Helping Women Adults Services $5,000 $ 9,000 5,000 ~, 56 omens ransitiona romg ictims o Center Domestic Shelter $5,000 $ 20,000 5,000 57 ants Ana n o0 District Police Low-Income Crime Prevention $0 $ 271,409 0 ;2,097,593 ;950,000 Amount Available ; 950,000 Difference ;0 7 5A-4 Exh2 `" TAB Administration 8 Planning 58 Administration $ 785,000 $ 735,000 $ 735,000 59 Fair Housing Council of Orange County $ 69,985 $ 72,396 $ 72,396 60 General Planning $ 235,000 $ 100,000 $ 100,000 Total Administration 8 Planning $ 1,089,985 $ 907,396 $ 907,396 Obligations 61 Section 108 Loan Repayment -- Police Holding Facility $ 1,892,815 $ 1,884,155 $ 1,884,155 Total Obligations $ 1,892,815 $ 1,884,155 $ 1,884,155 Capital Improvements 62 Fire Equipment 63 Neighborhood Sponsored Improvements 64 Public Facilities Improvements/ADA 65 Parks and Recreation - Windsor Park Improvements 66 Public Works - Neighborhood Street Improvements $ 700,625 $ 475,000 $ $ - $ 50,000 $ $ - $ 100,000 $ $ 435,000 $ 400,000 $ $ 535,000 $ 400,000 $ Total Capital Improvements $ Code Enforcement 67 Code Enforcement $ 2006-07 STAFF RECOMMENDATION 475,000 50,000 100,000 400,000 400,000 1,670,625 $ 1,425,000 $ 1,795,260 $ 1,720,000 $ 1,425,000 1,720,000 Total Code Enforcement $ 1,795,260 $ 1,720,000 $ 1,720,000 Housing Rehabilitation 68 Paint Your Heart Out $ 91,792 $ 90,112 $ 90,112 69 Rebuilding Together O.C. $ 26,000 $ 26,000 $ 26,000 70 Multi-Family Rehab Loans $ 323,963 $ 103,911 $ 103,911 Total Housing Rehabilitation $ 441,755 $ 220,023 $ 220,023 Total Nonsocial Services Request $ 6,156,574 TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING S 6,156,574 Social Service Requests $ 950,000 TOTAL 06/07 CDBG GRANT S 7,106,574 PROPOSED 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT NONSOCIAL SERVICE PROGRAM FUNDING REQUESTS 2005-06 2006-07 APPROPRIATION REQUEST Exhibit 1 75~-5 CITY OF SANTA ANA 2006-2007 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS BY RATING ORDER TAB APPLICANT NAME SERVICE SERVICE POPULATION CATEGORY HRC 05-06 06-07 A11TT IIRC AVE. GRANT REC0111111'D RATF. AMT_ ~Q' ~ReNT 40 Orange County een Challenge Youth Academics 9.6 $9,500 $ 9,500 9,500 24 Hotline of Southern California Low-Income Counseling 9.0 $5,000 $ 5,000 5,000 4 Bowers Museum Youth Academics 8.9 $5,000 $ 5,000 5,000 5 Boys & Girls Club of Santa Ana Youth Recreation 8.9 $29,000 $ 30,000 27,000 4g isters o t Joseph o Employment Orange-Taller San Jose Low-Income Services 8.7 $34,000 $ 55,000 35,000 3'7 Orange ounty Human Relations Council-Common Low-Income Counseling 8.7 $0 $ 19,812 12,000 1 Achievement Institute o Scientific Studies Youth Academics 8.6 $5,000 $ 9,900 7,500 10 ity of nta Ana, PR SA- McFadden Youth Academics 8.6 $81,000 $ 86,693 77,000 25 Victims o Human Options Domestic Counseling 8.6 $20,000 $ 20,000 16,000 39 Case Orange County on Track Youth Management 8.6 $4,000 $ 15,229 8,000 11 City of anta Ana, PR SA- Project Pride Family Recreation 8.4 $198,000 $ 207,286 177,000 18 EI Centro Guttural de Mexico Youth Recreation 8.4 $10,000 $ 25,000 10,000 50 Think Together Youth Academics 8.3 $5,000 $ 25,000 13,000 2 Assistance League o ants Ana Youth Clothing 8.3 $17,000 $ 25,000 16,000 3 Blind hildren's Leammg Center Special Needs Therapy 8.3 $18,000 $ 25,000 18,000 41 range ounty outh Commission-Santa Ana Boxing Youth Recreation 8.1 $7,000 $ 14,500 11,000 43 Saint Joseph Ballet Youth Recreation 8.1 $45,000 $ 50,000 36,000 7 Cambodian Family, The Youth Academics 8.1 $18,000 $ 45,000 17,000 15 Couna on Aging of range ase County Seniors Management 8.0 $6,000 $ 17,982 7,000 19 I Sol cience and Arts Academ Youth Academics 8.0 $0 $ 25,000 0 31 Natrona ouncil on Alcoholism Case & Drug Dependence -Orange Low-Income Management 8.0 $20,000 $ 25,500 19,000 32 National entage-Aca emy of International Dance Youth Recreation 8.0 $5,000 $ 10,000 6,000 33 range ounty ar Foundation Addiction Youth Counseling 8.0 $5,000 $ 10,000 6,000 3g range ounty Human Relations Council-Heart of the Youth Recreation 8.0 $0 $ 15,291 10,000 44 ants Ana Wends or the Animals Low-Income Spay-Neuter 8.0 $0 $ 10,000 8,000 51 homes House emporary Shelter Homeless Shelter 8.0 $15,000 $ 30,000 14,000 21 bac oundatton, Inc.- Senior Lunch Seniors Meals 7.9 $22,500 $ 24,000 17,000 34 range ounty Bar Foundatron Case Programa Shortstop Youth Management 7.9 $13,000 $ 20,000 11,000 36 range County High cool of the Arts Foundation Youth Recreation 7.9 $0 $ 10,000 7,000 47 here Our Ives Free Med/Dental Clinic Low-Income Health 7.9 $10,000 $ 35,000 12,000 49 Southwest Minority conomic Case Development Association Low-Income Management 7.9 $10,000 $ 12,000 8,000 52 TKO Boxing Club Youth Recreation 7.9 $13,000 $ 15,000 12,000 20 eedback oun atfon, Inc.- Meals on Wheels Seniors Meals 7.8 $22,500 $ 24,000 17,000 22 HistArt H Renaissance Inst. Low-Income Recreation T.8 $0 $ 32,000 10,000 27 Kidsin ers Youth Recreation 7.7 $10,000 $ 20,000 10,000 2g Manposa Women and Family Center Low-Income Counseling 7.7 $6,000 $ 10,000 6,000 75A-6 ~xhb~2 CITY OF SANTA ANA 2006-2007 HRC PUBLIC SERVICE GRANT RECOMMENDATIONS BY RATING ORDER SERVICE SERVICE HRC 05-06 06-07 AMT HRC TAB APPLICANT NAME pOpULATION CATEGORY AVE. GRANT REQ RECOMM'D RATE AMT. GRANT 53 Vietnamese Community of Orange County, Inc. Youth Crime Prevention 7.7 $15,000 $ 67,091 12,000 56 Women's Transitional Living Victims o Center Domestic Shelter 7.6 $5,000 $ 20,000 5,000 g Career Beginnings of Orange County Youth Academics 7.5 $14,000 $ 18,000 14,000 35 Orange County Crazies Youth Recreation T.4 $10,000 $ 25,000 10,000 42 Relampago Del Cielo, Inc Youth Recreation 7.4 $0 $ 6,200 5,000 45 ants Ana Police Dept- Helicopter Low-Income Crime Prevention 7.4 $204,875 $ 300,000 167,000 55 mployment Women Helping Women Adults Services 7.4 $5,000 $ 9,000 5,000 2g egal Aid ociety of Orange Case County Low-Income Management 7.3 $6,000 $ 7,000 5,000 30 Mercy House ransitional Living Centers, Inc. low-Income Shelter 7.1 $19,000 $ 60,000 19,000 16 Case Dayle McIntosh Center Special Needs Management 7.1 $14,000 $ 12,000 8,000 23 Hope Community Services, Inc. Youth Crime Prevention 7.0 $0 $ 44,600 0 46 Share ur Selves Comprehensive CARE Low-Income Counseling 7.0 $0 $ 25,000 0 54 WISE Place Homeless Shelter 8.9 $12,500 $ 12,500 5,000 9 Casa de alud Family Health Clinic Adults Health 8.8 $13,000 $ 50,000 10,000 26 Info Link Orange County Low-Income Counseling 6.7 $0 $ 50,000 5,000 12 Colette's Children's Home Homeless Shelter 6.1 $0 $ 11,100 0 13 Community Service Program, Inc Youth Sheffer 6.1 $0 $ 15,000 0 14 Council of Orange ounty Case Society of St. Vincent de Paul Adults Management 5.9 $0 $ 20,000 0 57 ants Ana Uni ed chool District Police Low-Income Crime Prevention 5.8 $0 $ 271,409 0 6 CHCADA-La Familia Family Counseling 5.8 $0 $ 15,000 0 17 Delhi Center Youth Recreation 1.9 $5,000 $ 40,000 0 52,097,593 5950,000 Amount Available $ 950,000 Difference SO 75A-7 E~h2 ~2 75A-8 REQUEST FOR ~'~ COUNCIL ACTION ~"'A' ~p,etlnn ~9t1 CITY COUNCIL MEETING DATE: !~P APRIL 3, 2006 TITLE: PUBLIC HEARING - EMERGENCY ORDINANCE EXTENDING MORATORIUM FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS ON THE PROHIBITION, CONSTRUCTION OR ESTABLISHMENT OF HOOKAH LOUN a ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an emergency ordinance of the City of Santa Ana extending the moratorium on the construction or establishment of any new hookah lounge for a period of 10 months and 15 days. The City recently received an application to establish a hookah parlor within an existing commercial retail center. A "hookah parlor," for the purposes of this ordinance, shall mean any facility or location whose business operation is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes. Hookah parlors have been associated with a number of detrimental impacts such as public loitering, public drinking and intoxication, and noise. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify hookah parlors as a land use or designate zoning districts throughout the City where hookah parlors may be permitted. As such, provisions of the General Plan and the Santa Ana Municipal Code need review, study and possible revision in order to respond to recent concerns relating to the impacts of hookah parlors and the potential establishment of new hookah parlors in the City. The City Council adopted a 45 day moratorium on February 21, 2006 to prohibit the establishment of new hookah lounges in the City of Santa Ana. The interim ordinance prohibits the establishment of anv hookah 75B-1 Hookah Lounge Moratorium Extension April 3, 2006 Page 2 lounge for a 45-day time period, which is due to expire on April 6, 2006. During the 45-day interim ordinance period, staff has determined that additional analysis will be necessary in order to assist in the preparation of a permanent ordinance for this use. Staff is recommending an extension to be adopted by the City Council that would allow the development of appropriate standards for hookah parlors and to determine the appropriate level of review required for approval. The extension of the moratorium will be for an additional 10 months and 15 days, February 18, 2007 based on Government Code Section 65858. It is anticipated that the development and operational standards for this use will be presented to the Planning Commission for review later this year. FISCAL IMPACT There is no fiscal impact associated with this action. a Trevino cutive Director Planning & Building Agency VC:rb vc\reporte\hookahEx[enaion.cc 75B-2 ORDINANCE NO. - AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE TEMPORARY PROHIBITION ON THE CONSTRUCTION OR ESTABLISHMENT OF ANY NEW HOOKAH PARLOR THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify hookah parlors as a land use or designate zoning districts throughout the City where hookah parlors may be permitted. B. For this reason, on February 21, 2006, at a regularly scheduled public meeting the City Council adopted Ordinance No. NS-2707, which established a moratorium on the construction or establishment of a hookah parlor (hereafter "the moratorium ordinance"). By its own terms the moratorium ordinance expires 45 days following its adoption C. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of hookah parlors and fail to address the needs of the City and its residents today and in the future. As such, provisions of the General Plan and the Santa Ana Municipal Code ("the Code") need review, study and possible revision in order to respond to recent concerns relating to the impacts of hookah parlors and the potential establishment of new hookah parlors in the City. D. Given these concerns, the City Council has requested, in adopting this moratorium, that a study be undertaken of the current provisions of the General Plan and Chapter 41 of the Code to classify hookah parlors and determine whether such businesses should be permitted in the City and if so, where, and under what conditions. E. Without adoption of this ordinance, properties in the City would quickly receive entitlements to establish hookah parlors despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created by hookah parlors. Ordinance No. NS - Page 1 of 5 75B-3 F. It has come to the City Council's attention that at least two individuals have made efforts in an attempt to establish a hookah parlor in Santa Ana. G. The City is not, at this time, able to determine under what circumstances, if any, hookah parlors should be established within the City for the following reasons: 1. In other cities, the operation of hookah parlors have led to complaints of loud music, drinking in public and large crowds milling outside of the site. 2. The Orange County Register reports (November 10, 2005) that in two and one-half (2'/~) years the Anaheim Police Department has responded to 413 incidents tied to hookah parlors. 3. This same news report further states that illegal weapons and underage drinking were found by an Anaheim Police Department vice operation directed at hookah parlors. 4. This news report further stated that some hookah parlors in Anaheim had been the target of fire bombs and arson. 5. While there is a widespread belief that smoking from a hookah pipe is safer than other types of tobacco smoking, the World Health Organization ("WHO") reported in 2005 that "waterpipe smokers and second-hand smokers [are] at risk for the same kinds of diseases as are caused by cigarette smoking, including cancer, heart disease, respiratory disease, and adverse effects during pregnancy." 6. The WHO investigatory panel also found that a "typical 1-hour long waterpipe smoking session involves inhaling 100-200 times the volume of smoke inhaled with a single cigarette," and that the smoke, even after passing through water, "contains high levels of toxic compounds, including high levels of carbon monoxide, metals and cancer-causing chemicals." 7. The WHO investigatory panel also found that sharing a hookah's mouthpiece poses a serious risk of transmission of communicable diseases. 8. Finally, the WHO investigatory panel found that the common practice of sweetening and flavoring hookah tobacco, giving it a sweet taste and smell, may account for the increase of its use among young people who otherwise avoid smoking. Ordinance No. NS - Page 2 of 5 75B-4 9. While California Labor Code section 6404.5 generally bans indoor smoking at restaurants and bars, it exempts smoking inside retail or wholesale tobacco shops and private smokers' lounges. It is unclear how substantial the sale of tobacco for offsite consumption must be to qualify for this exemption. While the City is currently studying this issue, the Public Health Institute's Technical Assistance Legal Center, funded by the California Department of Health Services, recommends that this exception should only be available to a business that derives seventy-five percent (75%) or more of gross sales receipts from the sale of tobacco products and tobacco paraphernalia. H. If hookah parlors are permitted in the City and left unregulated, they will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Hookah parlors established in other cities have been associated with increases in noise, loitering, public drinking, possession of illegal weapons, underage drinking, and arson. 2. Unregulated hookah parlors could exacerbate the inherently dangerous behavior of tobacco use around non-tobacco users; diminish the protection of children from exposure to smoking and tobacco while they increase the potential for minors to associate smoking and tobacco with a healthy lifestyle; and weaken the protection of the public from smoking and tobacco-related pollution. 3. Hookah parlors if allowed in the City under the current state of the City's regulations will have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods. In order to prevent frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of hookah parlors may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting hookah parlors to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. J. In response to the threat of unregulated hookah parlors several cities, including but not limited to the Cities of Anaheim, Garden Grove, and Dublin Ordinance No. NS - Page 3 of 5 75B-5 California, have adopted similar moratoriums or development restrictions. Other cities, such as New York, have simply banned them. K. The Request for Council Action for this ordinance dated April 3, 2006 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. L. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A-K of this ordinance. Section 2. Extension of Moratorium Ordinance. A. The City Council hereby extends Ordinance No. NS -2707 for the period specified in this Section 2. B, Pursuant to section 415 of the city's charter, this interim ordinance is introduced, passed and adopted at the same meeting and shall take effect immediately. It shall be effective for a period of 10 months and 15 days from the date of its adoption, and thereafter shall be null and void unless extended by further action of the City Council. Section 3. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this ordinance or Ordinance No. NS-2707. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of the Code. Section 4. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 5. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A-K, inclusive of this ordinance. ADOPTED this day of , 2006. Ordinance No. NS - Page 4 of 5 75B-6 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief 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 Ordinance No. _ to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance No. NS - Page 5 of 5 75B-7 75B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: PUBLIC HEARING-CONDEMNATION OF PIONG/PTENG PROPERTIES LOCATED AT 1300 P1EST WALNUT STREET AND 202 SOUTH BRISTOL STREET (PROJECT 1819) Qdacation la, CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the condemnation of real properties located at 1300 West Walnut Street and 202 South Bristol Street declaring the public necessity and interest therefore. DISCUSSION Bristol Street improvements from Pine to Third are part of the Bristol Corridor Specific Plan approved by the City Council in 1991. Street widening from two to three lanes in each direction, addition of a second left-turn, a right turn lane, and a bus turn-out in both north and southbound directions are included. These improvements are needed to improve traffic flow, which is currently operating at an unacceptable level of service. Other benefits of the project include the addition of landscaped medians and parkways, the conversion of overhead utility lines to underground, and the addition of a storm drain system. To accommodate the widening, acquisition of a portion of properties located at 1300 West Walnut Street and 202 South Bristol Street are needed (Exhibit 1). A 6-month temporary construction easement will also be obtained in order to facilitate construction of the approved project. A good faith offer was made to the property owners on August 3, 2005, in the amount of $832,770. The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 6-months. Public Works Agency has and will continue to make every effort to reach a settlement with the property owners. Although negotiations will continue, staff is requesting adoption of this resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2006. 75C-1 Condemnation of Properties Located at 1300 West Walnut Street and 202 South Bristol Street April 3, 2006 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment No. 89-O1 approved by City Council in 1990. FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross ~8.~'rancisco Gutierrez v ,,~ Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 75C-2 r ' N89°39 N ~ P M 6.50'-~` 69 I ~:.:o a; r..: ,...i ~ . I{ .. aj.~~a..~.4 I ~__-__ I TAKE Afl EA O.14T FT' ' TCE AREA I 890 FT` I !?i.i ~.:..: t ~' ~ :. ... ... I PINE STREET I s 0 i 52 TAKE AREA TEMPORARY CONSTRUCTION EASEMENT AREA EXHIBIT 1 A~= 90°19'36" R = 25.00' L = 39.38' T = 25.11' W, UN~/..~ I LL J I O I 3'^ vJ i M I I I sAVTA aNA C 1 Tr CoUNC I L Tdle~ PUBLIC HEARING ~~~ ~~ aGENDn CONDEMNATION OF WONGMIENG ~ ~ , LOCATED AT 1300 WEST WALNUT STREET DATE: AND 202 SOUTH BRISTOL STREET _~~~~.aas ^~^-~ APRIL 3, 2006 PROJECT 1819 75C-3 -_ _~_ __ WALNUT;STREET RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1300 WEST WALNUT AND 202 S. BRISTOL STREET (APN 007-212-28 & 29) 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 on April 3, 2006, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. 75C-4 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report / Environmental Impact Statement EIR No.89-01. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in a portion of that certain real property located at 1300 WEST WALNUT and 202 S. BRISTOL STREET (APN 007-212-28 & 29) in the City of Santa Ana, California consisting of approximately 4,147 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 890 square feet of property for a six (6) month temporary construction easement (collectively referred to as "the Restaurant Property"). The Restaurant Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Corridor Specific Plan Project ("the Project") and related improvements. The location of the Project is between Pine Street and Third Street for the widening of Bristol Street. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, sidewalks, and raised median in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure 75C-5 section 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 were made to the appropriate party or parties with respect to the Restaurant Property on or about August 3, 2005. Section 7. Excepting the portion of the Property described in Section 3 above for which the City will acquire only a temporary construction easement, the City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2006 Miguel A. Pulido Mayor 75C-6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior 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- 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 75C-7 '. _• #l - 1 - PEE PARCEL - . ~ . LEGAL DESCR[PT[O[~I A.F. N0.007-212-28 ~ 29 Those portions of Lot 1 of Tract No. 999 in the Gity of Santa. Ana, County of Orange, Sfafe of California, as shown on the map recorded in Boo[<33, Page 10 ° of ~itiscelfaneous Maps, in the office of the County Recorder of said County described as follows: The East 45.00 feet of the .North 145.00 feet of said Lo# 1, measured along the East and West lines of said Lot 1. The South 6.50 feet of the North 12.00 feet of the East 99.00 feet; except the East 45.00 feet of said Lot 1. Together•.with the following described portion of said Lot 1: Beginning at.a point on a line parallel with and distant 42.00 feet southerly. from the centerline of Walnut Street as sFiown on said map; -said point being distant South 89°34'24" West 10.00 feet from the westerly fine of the East 45:00 feet of said Lot 1; thence North 89°34'24" East along said parallel line to said westerly line; thence South 0°11'00" East 10.00 feet along said westerly line; thence North 45°18'18" West 14.11 feet to the point of beginning. Except those portions previously dedicated for street purposes. Containing an area of 4,147 square feet, more or less. All as shown on exhibit attached hereto and made a part hereof. Prepared underfhe supervision of: /Z /S O L J. in Da e LS 5683 Exp ~ a! Of • ~P~RIBIT A-page 1 of 4 75C-8 - ~ =- 0 M V M 10 _O~N _-____ ~ NO°11'00"W 54 _ _6. ~~4A' ~ N'LY 12' LOT 1. TR. 999 P.0.6. L=14.11' N45°18'18"W I I I I ~~:.: ~ L- _ ~ I J,: 7...~j...= ~~ EAST 45' LOT 1. TR. 999 I '- - .-.~ ~ N89°34'24" I: '.. :I': •.. •.:' :~. I I J~ 0 I ~ w I I N I I _ I ~:.; r~ N N89°34'24"E _ WALNUT STREET 9.89' ~NE COR LOT 1. TR 999 ~~ ~ A ~= 90° 14'36" R = 25.00' ~i L = 39.38' /~ d T = 25.11' m ~mq ~ ~'~ o~ W I ~ W I i 140' ~ 3 I, O I~ /moo IP ~ I j z / ~52' m _~~ 45. I I 3 o I I o I ~ zi -- J _ f I I I I I 30, 40' I I PINE STREE -- -- --~ APN 007-212-28 AND 29 FEE PARCEL EXHIBIT I I EXFIIBIT A-page 2 of 4 TEMPORARY CONSTRUCTION EASEMENT PARCEL LEGAL DESCRIPTION A.P. NO. 007-212-28 & 29 That portion of Lot 1 of Tract No. 999 in the City of Santa Ana, County of Orange, Stafe of California, as shown on the map recorded in Book 33, Page 10 of Miscellaneous Maps, in the office of the County Recorder of said County; being a strip of land, 5.00 feet in width, the Easterly, Northeasterly and Northerly line of said strip being"described as follows: Beginning the intersection of the Southerly Line of the North 145.00 feet measured along the East and West lines of said Lot 1, and the Westerly line of the East 45.00 feet of said Lot 1; thence North 00°11'00" West along said Westerly line a distance of 123.00 feet; thence North 45°18'18" West 14.11 feet to the Southerly line of the North 12.00 feet of said Lot 1; thence South 89°34'24" West along second said Southerly line a distance of 44.00 feet to the Westerly line of the East 99,00 feet of said Lot 1. The Westerly and Southerly line of said strip of land to be lengthened or shortened so as to originate in said Southerly line of the North 145.00 feet measured along the East and West lines of said Lot 1 and to terminate in said Westerly Line of the East 99.00 feet of said Lot 1. Containing an area of 890 square feet, more or less. All as shown on exhibit attached hereto and made a part hereof. Prepared under the supervision of: r '~ ~~~~1~~ Lee J. artm ~,,! 9• zs 5~as ~~. 9/~0 oI ~ , ©F' ~ ~~ c'%.~ Date EXIIIBIT A-page 3 of 4 75C-10 .. ~ - 0 O N ~Q M (V N89°34T24 E _ _ 44'_ _ ~ / /// 3 5' O ~~ ~:: :: ~. EAST 45' J LOT 1. TR. 999--CI N89°34'24"E WA --~NE I R\ N45° 18`T8'iW I 3 ~' MI O ~ o -TJ I -.- 4~-.5-,I Q I I I I~ 23 I I52' . :.. ..:.. . ~ I I ~ .... ~I~~ J J ' S~~P.pB.~~I` N89°34 24 E ~ I I 3 I o 0 I:..: :'l::~ ;:~z¢. I i Zoe =- -- -~ I ~ ~ I ~ ~ i a ~ f ~~ ~~. i 30 40' I ~ I -_ ' ~ N ~ + I PINE STREET STREET LOT 1, TR 999 1~ W H J O m I II L~ APN 007-212-28 AND 29 TEMPORARY CONSTRUCTION EASEMENT i EXHIBIT A-page 4 of 4 _~ 75C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2006 TITLE: PUBLIC HEARING-CONDEMNATION OF F10NG/PIENG PROPERTIES LOCATED AT 218 AND 222 SOUTH BRISTOL STREET (PROJECT 1819) ~ducauon ~,~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of real properties located at 218 and 222 South Bristol Street declaring the public necessity and interest therefore. DISCUSSION Bristol Street improvements from Pine to Third are part of the Bristol Corridor Specific Plan approved by the City Council in 1991. Street widening from two to three lanes in each direction, addition of a second left-turn, a right turn lane, and a bus turn-out in both north and southbound directions are included. These improvements are needed to improve traffic flow, which is currently operating at an unacceptable level of service. Other benefits of the project include the addition of landscaped medians and parkways, the conversion of overhead utility lines to underground, and the addition of a storm drain system. To accommodate the widening, acquisition of a portion of the properties located at 216 and 222 South Bristol Street are needed (Exhibit 1) A 6- month temporary construction easement will also be obtained in order to facilitate construction of the approved project. A good faith offer was made to the property owners on September 10, X005, in the amount of $6,200. Staff has made a diligent effort to negotiate with the property owners and their representatives for the past 6-months. Public works Agency has and will continue to make every effort to reach a settlement with the property owners. Although negotiations will continue, staff is requesting adoption of this resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2006. 75D-1 Condemnation of Properties Located at 218 and 222 South Bristol Street April 3, 2006 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment No. 89-O1 approved by City Council in 1990. FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819). APPROVED AS TO FUNDS AND ACCOUNTS: n ~ /~~. ~iY~7~i~.Li'/,c. ~1 {/,/James G. Ross Francisco Gutierrez ~n ~v("`Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 75D-2 r ' - N89.39 z4-E WALNUT STREET O _ N N ~ Q M L 1 i .. ... .. :.:... .. ... r^ i J sz' ~ i O :. _: __ m TAKE AREA 4.536 FT' N89°34'24"E ° z I I ~ I~TI o I ~ ~ ~ ~ ~ I ~64 Fi A ,:>:'.: m ~ I .,..:.,...~...?;y. .,,V 40' ' I ~ I - ' - - ~ I io' o PINE STREET _ ~' _~_ TAKE AREA TEMPORARY CONSTRUCTION EASEMENT AREA EXHIBIT 1 ``A"r` ANA CITY COUNCIL PUBLIC HEARING TIfl6~ ' AGENDA CONDEMNATION OF WONGM/ENG ~ ~~ ~ ,y ~ LOCATED AT 218 AND 222 SOUTH BRISTOL ~ DATE: STREET P~a~~~ ~,a°~ ~~~_° APRIL 3, 2006 PROJECT 1819 75D-3 J RESOLUTION NO. 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 218-222 S. BRISTOL STREET (APN 007-212- 26, & 27) 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 on April 3, 2006, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. 75D-4 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report / Environmental Impact Statement EIR No.89-01. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in a portion of that certain real property located at 218-222 S. BRISTOL STREET (APN 007-212-26 & 27) in the City of Santa Ana, California consisting of approximately 4,536 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 664 square feet of property for a six (6) month temporary construction easement (collectively referred to as "the Vacant Property"). The Vacant Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Corridor Specific Plan Project ("the Project") and related improvements. The location of the Project is between Pine Street and Third Street for the widening of Bristol Street. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, sidewalks, and raised median in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana 75D-5 Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure section 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 were made to the appropriate party or parties with respect to the Vacant Property on or about September 10, 2005 Section 7. Excepting the portion of the Property described in Section 3 above for which the City will acquire only a temporary construction easement, the City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2006. Miguel A. Pulido Mayor 75D-6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior 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- 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 75D-7 - FEE PARCEL LEGAL DESCRIPTION A.P. NO. OU7-212-26 ~ 27 The East 45.00 feet of Tract No. 999 in the City of Santa Ana, County of Orange, State of Callfomia, as shown on the map recorded 'in Book 33, Page 10- of Miscellaneous Maps, in the office of the County Recorder of said County. Except the North 145.00 feet measured along the East and West lines (hereof. Together with the following described portion of said Lot 1: Begirining at a point on the southerly line of said Lot 1, said point being distant South 89°34'15" West 10.00 feet from the westerly line of said East 45.00 feet; thence North 89°34'15" East 10.00 feet along said southerly line to said westerly line; thence- North 0°11'00" West 10.00 feet along said westerly line; therice South 44°4'1'37" West to the point of beginning. Except those portions previously dedicated for street purposes. Containing an area bf 4,536 square feet, more or less, All as shown on exhibit attached hereoo and made. a part hereof. Prepared under the supervision of: _ ~ G~ L J. Ma ih - 2 !S Dat ~ ~ . EDIT A•page 1 of 4 - 75D-8 - 0 O N ~ r'i v ' .. ... ...• I: .. I ~ ~ L- - - - I I ~- - - - i:~i ~..: •7 _._j_... _~ ~ I o v :? U ' EAST 45' I L07 1. TR. 999 -C I L=14.17' N44°41'37"E~ ~ ~ - - I - - P.O.B. PINE STREET N89°34'15"E N89°34'24"E WALNUT STREET ~52' ___._ ~ J ~NE ICOR LOT 1 1 ~ ---~-_=` W i I ~ W ---~ in ~~ 3 O O O Z 10' i ~ ( m I3 O O 3 O O O ~ Z , 3~ 24 "E 30' ~ 'I 4 0' TR 999 I I I I I 1 - - - - - - ~ ~ APN 007-212-26 AND 27 I FEE PARCEL EXHIBIT E~77BIT A page 2 of 4 ~~n_4 r .: r+- ~~ - r TEMPORARY CONSTRUGTION EASEMENT LEGAL DESCRfPTION A:P. N0.007-212-26 ~ 27 That portion of Lot 1 of Tract No. 999 in the City of Santa Ana, County of Orange, State of California, as shown on the map recorded in Book 33, Page 10 of Miscellaneous Maps, in the office of the County Recorder of said County, being a strip of land, 5A0-feet in width, the easteriy~line of said strip being described as follows: Beginning at a point on the southerly line of said Lot 1, said point being distant South 89°34'15° West 10.00 feet from the westerly line of the East 45.00 feet of said Lot 1; thence North 44°41'37" East 14.17 feet to said westerly Line; thence North 00°i 1'00" West along said westerly line 118.00 feet to the southerly line of . the North 145.00 feet measured along the East and West lines of said Lot 1. The westerly line of said strip of land to be lengthened or shortened so as to originate in said southerly line of Lot 1 and to terminate in said southerly line of the North 145.00 feet of Lot 1. Containing an area of 664 square feet, more or less. All as shown on exhibit attached hereto and made a part hereof Prepared under the supervision of: L J. m /.f D Da e E~ITA-page 3 of 4 75D-10 _~ ,:- - ;~ -- O N __ - M Q ~. •'1= .. L--=- 0 -- --~ N$4°34`24"E - W~A\LNUT STREET J: J?_ t - .+ a -=:=-f i _- ~ ; I I - _ N89°34'24"E - _ ., ~ ii I I o P 11 ! W I ~ rt~~7-??~-26 _ --. 5' I I _ _ I _ _ _ I ~I I. I ~: ..__=~ j , I ~~~ i I \~ I _ .: 1 ~ 3 I I ~ 00 I I O O I. O Z O ~ I Z~ I °- 45' .-5' ~ I tO 30' ~ o! -!~ SE -L=14.17' ~ N44°41'37"E W W J O 00 COR LOT .1. I I I I I I I I1 l~ TR 999 ~ P.0:8. 10' - - N89°34'15"E - PINE STREET _._ _ _ - APN 007 2~~ 26 AND 27 ~ TEMPQRARY CONSTRUCTION EASEMENT E'~j~1 EXIIIIBITA-page 4 of 4 75D-12 / \ _~*A ~ _ ~-~ education Ist CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY MEMORANDUM To: Councilmember Claudia Alvarez From: Joseph W. Fletcher, City Attorney Date: March 31, 2006 Re: Your letter of March 28-Child Safety Zoning Issues Cc: Mayor and Councilmembers, City Manager, Police Chief Thank you for the heads-up regarding your 85A item for next Monday. I am working with Pat Healy to develop agenda language broad enough to permit the Council take a wide array of actions on the issues you want to address. Registered Offender Data My Office is working with the Police Department to compile the statistics you seek regarding the number of registered sex offenders in Santa Ana, particularly the high-risk offenders who likely would be targets of enhanced restrictions. The Chief will be making that available to you and the Council. Local Child Safety Zone Legislation Our preliminary research on Child Safety Zone ordinances indicates that no such legislation has been adopted in Orange County. The city of National City in San Diego County adopted an ordinance in late 2005 (copy attached) making illegal for any registered sex offender to be on or within three hundred feet of a sc}~op~, a child-care center, youth facility, video arcade, pjayground, park, or ar;}use~er~~ G~11t~T, They claim to be the first city in California to so. We are continuing our research because we have indications that one or more Northern California cities have adopted some form of a safe-zone ordinance and at least one of those may be in litigation. Various local regulations have been enacted around the country also. I will be prepared to provide more information on those measures on Monday. 85A-1 State Measures Initiatives: Elements of the Child Safety Zone concept are found in the "Jessica's Law" initiative that is being reviewed by the Secretary of State for inclusion on the November ballot. It is patterned after the Jessica's Law that was adopted by Florida in 2005. Besides enhancing sentencing for high risk offenders, the California Jessica's Law would require GPS tracking of certain high-risk offenders and restricts them from living within 2000 feet of schools and parks, and other "child-oriented" locations designated by local governments. Pending State Legislation: AB 50 has been introduced to, among other things; make it a illegal for particular registered sex offenders or persons convicted of certain sex crimes from being present on any school property, or street, sidewalk, or public walkway adjacent to any school property. AB 96 adds a GPS tracking requirement certain high-risk sex offenders before they are paroled. Both of these bills were approved by the Assembly and are being considered in the State Senate. It is unknown whether they will become law before the Jessica's Law measure is considered by the voters. Next Steps Consistent with my Council-endorsed policy on 85A matters, I will await direction following Council debate before drafting any ordinance on this matter. In the meantime, l intend to be well-versed on the legal issues that would confront Santa Ana if it seeks to adopt local sex offender regulations so that the Council may give quality consideration to your proposal. If you have any other questions or ideas on this subject, feel free to contact me. 2 85A-2 City of National City Municipal Code Chapter 10.63 SEX OFFENDERS PROXIMITY TO CHILDREN'S FACILITIES 10.63.010 Purpose. Sex offenders pose a clear threat to the children residing, or visiting in our community. Because convicted sex offenders are more likely than any other type offender to reoffend for another sexual assault, the City Council of the City of National City desires to impose safety precautions in furtherance of the goal of protecting our children. The purpose of this regulation is to reduce the potential risk of harm to children of our community by impacting the ability for sex offenders to be in contact with unsuspecting children in locations that are primarily designed for use by, or are primarily used by children, namely, the grounds of a public or private school for children, a center or facility that provides day care or children's services, a video arcade, a playground, park, or an amusement center. The City of National City desires to add location restrictions to such offenders where the state law is silent. 10.63.020 Definitions. A. "Sex Offender" means a person who has been required to register with a governmental entity as a sex offender. B. "Children" means those person's who are under the age of eighteen (18) years of age. 10.63.030 Prohibitions. A sex offender is prohibited from being on or within three hundred feet (300') of a public or private school for children, a center or facility that provides day care or children's services, a video arcade, a playground, park, or an amusement center. This prohibition does not apply to a sex offender's place of residence when regulated by state law. 10.63.040 Violations. Any person violating this section is guilty of a misdemeanor. A misdemeanor is punishable by a fine up to one thousand dollars ($1,000) or by imprisonment for up to one year, or both. The city attorney may reduce the violation to an infraction. An infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of this provision. A person is guilty of a separate offense for each and every day during which a violation occurs. 85A-3 Christensen, Angi From: Walters, Paul Sent: Friday, March 31, 2006 11:05 AM To: Christensen, Angi; Fletcher, Joe; Arthur, Jill; Magallon, Becky Subject: Council Request Importance: High This following info is in response to Councilmember Alvarez's request: Page 1 of 1 + ~ "J /, -~ 1.The number of children residing in our city that have been reportedly sexually abused for the past three years: 2003:192 2004: 166 2005: 157 2.The number of registered sex offenders currently residing in our city: There are currently 785-registered sex offenders in Santa Ana. Of this total 274 are currently in police custody and an additional 228 have been deported to their country of origin. Leaving 383 active registrants in the general community. Of the total registrants only six are high-risk offenders and of those six, two are in custody for parole violations and warrants. The City Attorney is answering the remaining questions. Please let me know if you need any additional info. Paul M. Walters Chief of Police 3/31/2006 85A-4 cA~1PA1~N FoR 1 1 CHILD SAFETY ii, ,, Comparison of Current Law vs. Jessica's Law Mandato Minimum Sentences or (;h[ld Molesters Current Law: Jessica's Law: • Sentences are 15 years to life for offenders • Closes loopholes in current law and ensures that rape a child under the age of l4. The that California has a mandatory minimum of offender must be 10 years older than the 1 S years to life for any offender that rapes a child. There is ambiguity in the law. child under the age of 14. The offender must be 7 years older than the child. • Sentences are 25 years to life if an offender commits a forcible sex act on either a child or adult and has a prior convicted offense, commits the offense with aggravated assault, among a host of criteria that may be applied as a factor. There is judicial discretion. • For every convicted forcible sex act, the offender will receive consecutive, full-term sentences. (For example, if an offender molests the same child three times, in the span of several hours, the offender will receive 45 years to life or 3 consecutive sentences). ^ Closes loopholes in California law by eliminating judicial discretion which ensures all offenders will be sentenced 25 years to life. • Adds the crime of burglary with the intent to commit a forcible sex crime to the mandatory minimum sentencing of life with the possibility of parole. "Good-Time Credits" or Sex U Current Law: Jessica's Law: ^ Allows sex offenders to reduce their prison terms through the use of "good-time credits." ^ Eliminates the use of "good-time credits" for violent sex offenders, ensuring that they serve a full 15 to 25 years before being considered for parole on their life crime. 85A-5 (iYJL rac%n Current Law: Jessica's Law: • Permits the state to use GPS tracking as a condition of parole for convicted sex offenders. ^ Requires registered sex offenders released on parole to be placed on a GPS tracking system for life. • Requires offenders to pay for their own GPS equipment, if they are financially able. Predator-Free Zone Current Law: • Prohibits some offenders convicted of lewd and lascivious conduct against a child from living within one-quarter mile (1320 ft.) of a school, for the duration of their parole. Jessica's Law: • Allows local governments to include additional sites they deem appropriate, such as children's museums or water parks. • Prohibits all registered sex offenders from living within 2000 ft. of a school or park, for the duration of their registration. Current Law: • Requires two offenses before a predator can be classified as "sexually violent." ^ "Sexually Violent Predators (SNP's)" may be civilly committed to a state hospital for a two year term. District Attorneys may file a new petition every two years demonstrating the offender is still a danger. • SNP's may run their parole time out while civilly committed, leaving no parole jurisdiction upon release. vaotent t-reaators~~ Jessica's Law: ^ Allows for an offender to be evaluated as a sexually violent predator after one crime, rather than waiting for a second victim. • Allows for indefinite commitment to a state hospital (like other states with an SVP program) until the SVP can prove to a court they no longer fit the criteria. • Requires SNP's parole period to toll while in the state hospital so they serve their parole time after discharge. 85A-6 Child Porno ra h Current Law: Jessica's Law: • Possession of child pornography is a misdemeanor. Current Law: • Current law is incomplete in addressing this problem because it waits for direct harm to occur before criminal penalties can be attached. ^ Law enforcement attempts to go undercover to capture internet predators are often disallowed by the courts because of loopholes in California law. Internet Lurin Jessica's Law: • Possession of child pornography is a wobbler (alternate misdemeanor/felony). • Possession of child pornography is a felony if the offender has a prior conviction of a sex offense. • Specifically prohibits any contact or communication with a minor for the purpose of engaging in sexual conduct or abuse. ^ Closes loopholes by allowing law enforcement to act as decoys in order to engage and capture internet predators. Current Law: "Date "Drug Use Jessica's Law: ^ Imposes an additional three-year prison term for persons who force the use of specified controlled substances in the commission of a felony. • Imposes an additional five-year prison term for persons who use specified controlled substances (i.e. date rape drugs) in the commission of specified sexual crimes, such as Increase Parole Terms and Fines Current Law: • Provides for parole terms from 3-5 years for various sex offenses. Jessica's Law: • Provides for parole terms of up to 10 years for the most heinous sex offenses. • Increases various fines and 85A-7 Christensen, Angi From: Walters, Paul Page 1 of 1 t ~~ ~ ` .. ~ r.~r __ Sent: Friday, March 31, 2006 11:05 AM To: Christensen, Angi; Fletcher, Joe; Arthur, Jill; Magallon, Becky Subject: Council Request Importance: High This following info is in response to Councilmember Alvarez's request: 1.The number of children residing in our city that have been reportedly sexually abused for the past three years: 2003: 192 2004: 166 2005: 157 2.The number of registered sex offenders currently residing in our city: There are currently 785-registered sex offenders in Santa Ana. Of this total 274 are currently in police custody and an additional 228 have been deported to their country of origin. Leaving 383 active registrants in the general community. Of the total registrants only six are high-risk offenders and of those six, two are in custody for parole violations and warrants. The City Attorney is answering the remaining questions. Please let me know if you need any additional info. Paul M. Walters Chief of Police 3/31/2006 85A 8