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