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HomeMy WebLinkAbout2004-06-21 . . . MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA JUNE 21, 2004 CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:05P.M. ATTENDANCE: Council members present: MAYOR MIGUEL PULIDO MAYOR PRO TEM BRETT E. FRANKLIN CLAUDIA ALVAREZ LISA BIST ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO ABSENT: NONE STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Roger Aragon, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Council member Solorio abstained on item 25A. . Mayor Pulido abstained on Item 22B . Council member Bist pulled Item 20A for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) CITY COUNCIL MINUTES 178 JUNE 21, 2004 CONSENT CALENDAR NOES: None (0) None (0) ABSTAIN: ABSENT: None (0) Items removed for separate action or modified are highlighted.. SeP!åratetâêtibl1sShOW the actual vote, items without votes are adopted as part of the consent motion ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. and 10.B.) 10.A. ADJOURNED REGULAR MEETING OF JUNE 7, 2004 REGULAR MEETING OF JUNE 7, 2004 10.B. ORDINANCES SECOND READING 11.A. FISCAL YEAR 2004-2005 CITY BUDGET Placed on first reading at the June 7, 2004 Council Meeting and approved by 7-0 vote Published in the Oranqe Countv Reqister on June 11, 2004 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2653 - An ordinance of the City Council of the City of Santa Ana appropriating monies to the several offices, agencies and departments of the City for the Fiscal Year commencing July 1,2004. BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - JUNE 16,2004 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Vacancies Ward Cable Television Advisory Board 1 6 CITY COUNCIL MINUTES 179 JUNE 21, 2004 . . . CONSENT CALENDAR Environmental Transportation Advisory Committee (ETAC) 1 2 Library Board Community Redevelopment / Housing Commission Youth Commission - Regular Youth Commission - Alternate TOTAL 1 1 .2 8 Board/Commission Board of Parks & Recreation Expired Term 2 TOTAL 2 13.B. COUNCIL COMMITTEE REPORTS Committee Name Main Street Development Date 04/21/04 CLERK OF THE COUNCIL POSTING REPORT NA 3&4 Sr. Tenant 4 4&6 Ward 2&6 The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.J.) 15.A. 15.8. 15.C. Council MeetinQ AQendas MeetinQ Date Posted City Council Agenda 06/07/04 06/03/04 Revised City Council Agenda 06/07/04 06/04/04 Adjourned Regular Meeting-Closed Session Agenda 06/07/04 06/04/04 15.E. 15.F. Council Committee AQendas MeetinQ Date Main Street Development 05/19/04 Neighborhood Improvement/Code Enforcement OS/25/04 OS/21/04 Education and Youth Programs 06/03/04 OS/27/04 Education and Youth Programs Cancellation Notice 06/03/04 06/01/04 06/16/04 06/10/04 06/17/04 06/11/04 Posted 05/13/04 15.G. 15.H. 15.1. 15.J. Main Street Development Education and Youth Programs Time 8:30 am 5:05 pm 5:05 pm Time 3:00 pm 3:00 pm 3:00 pm 3:30 pm 4:25 pm 5:00 pm CITY COUNCIL MINUTES 180 JUNE 21, 2004 CONSENT CALENDAR MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter certificates into the Minutes. (16.A. through 16. H.) 16.A. 16.B. 16.C. 16.D. 16.E. 16.F. 16.G. 16.H. Honoree Date National Hispanic Business Women of the Year Awards 06/06/04 Rose Anne Kings, American Institute of Architects, Orange County Chapter Regional Competition 06/05/04 Community Street Fair Essay Contest Winners 06/06/04 Santa Ana Kiwanis Club Scholarship Winners 06/09/04 Santa Ana Kiwanis Club Foundation 50th Anniversary 06/09/04 Most Beautiful Yard Contest Winners 06/09/04 Santa Ana Civic Leadership Initiative Graduates 06/10/04 Small Business Award Recipients 06/10/04 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT - None 19.B. EXCUSED ABSENCES - None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS APPROPRIATION ADJUSTMENT RECOGNIZING TRANSPORTATION ENHANCEMENT ACTIVITY FUNDS FOR FLOWER STREET BIKE TRAIL PROJECT 1768 Motion: votes.) Approve appropriation adjustment. (Requires five affirmative APPROPRIATION ADJUSTMENT NO. 04-169 - Recognizing funds in the amount of $455,625 in the Select Street Construction Fund and appropriating $455,625 to the Select Street Construction Fund for the Flower Street Bike Trail project. MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) CITY COUNCIL MINUTES 181 JUNE 21, 2004 . . . CONSENT CALENDAR ABSTAIN: None (0) ABSENT: None (0) 20.B. APPROPRIATION ADJUSTMENT RECOGNIZING ADDITIONAL FUNDING FOR ALTON AVENUE OVERCROSSING PROJECT 1706 Motion: votes.) Approve appropriation adjustment. (Requires five affirmative APPROPRIATION ADJUSTMENT NO. 04-170 - Recognizing $75,000 from the City of Irvine in the Select Street Fund and appropriating $75,000 to the Select Street Fund for the Alton Avenue overcrossing Project. SPECIFICATIONS. PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.R.) 22. A. SPEC. NO. 02-022 - COMPUTER EQUIPMENT - Amend the contracts for the purchase of computers, peripheral computer equipment, software, and extended support by $79,803 with the following vendors: Direct Manufacturer: Value Added Reseller: Gateway Hewlett Packard En Pointe Technologies Future Computing Solutions Sehi Computer Products 22.B. SPEC. NO. 04-002 - VEHICLE BODY REPAIR - Award contracts for one- year period, with provision for two one-year renewals, in the annual aggregate amount not to exceed $120,000 with the following Santa Ana vendors: Doffo Automotive, Inc. Eleganze Auto Paint & Body Works, Inc. Kelly's Body Shop, Inc. Mayor Pulido abstained on Item 22.B due to a business relationship with one of the vendors 22.C. SPEC. NO. 04-042 - MEDICAL EXAMINATION PROGRAM - PERSONNEL SERVICES - Award a contract to Pacific Medical Clinic for a two-year period, with provision for three one-year renewals, in an annual amount not to exceed $27,500 - Finance & Management Services Agency CITY COUNCIL MINUTES 182 JUNE 21, 2004 22.D. 22.E. 22.F. 22.G. 22.H. 22.1. 22.J. 22.K. 22.L. CONSENT CALENDAR SPEC. NO. 04-057 - MOTOR CONTROL CENTER UPGRADE AT WALNUT PUMPING STATION - PUBLIC WORKS AGENCY - Award a contract to Leed Electric, Inc. in the amount of $259,170 - Finance & Management Services Agency SPEC. NO. 04-059 - DIVING BOARD AND WATER SLIDE REPLACEMENT AT CITY POOLS - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to Thomco Construction, Inc. in the amount of $69,402 - Finance & Management Services Agency SPEC. NO. 04-066 - MEDICAL OXYGEN GAS SERVICE AND HYDROSTATIC TESTING - FIRE DEPARTMENT - Award a contract to Spectrum Gas Products for a one-year period in an annual amount not to exceed $15,371 - Finance & Management Services Agency SPEC. NO. 04-067 - TOOLS AND EQUIPMENT FOR AN AERIAL LADDER TRUCK - FIRE DEPARTMENT - Award a contract to L.N. Curtis & Sons in the amount of $51,754.43 - Finance & Management Services Agency SPEC. NO. 04-068 - COMPUTER SYSTEMS - POLICE DEPARTMENT - Award a contract to SYS Technology, Inc. in the amount of $19,583.57 - Finance & Management Services Agency SPEC. NO. 04-069 - BINGO SYSTEMS FOR THE SENIOR CENTERS - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to Bingo Vision & Gaming, Inc. Centers in the amount of $15,322.05 - Finance & Management Services Agency SPEC. NO. 04-071- BIG SCREEN TELEVISION FOR MOBILE DUI EDUCATION CLASSROOM - POLICE DEPARTMENT - Award a contract to Main St. Electronics, a Santa Ana vendor, in the amount of $14,007.50 - Finance & Management Services Agency SPEC. NO. 04-072 - SWITCHBOARD REPLACEMENT AT THE WALNUT PUMPING STATION - PUBLIC WORKS AGENCY - Award a contract to RSE-Sierra Switchgear & Transformer Service, Inc. in the amount of $33,898.15 - Finance & Management Services Agency SPEC. NO. 04-075 - VEHICLE TIRES - Award contracts for vehicle tires for a 12-month period with options for two 12-month renewals in the following annual amounts not to exceed: Vendor: Scher Tire, Inc. Parkhouse Tire, Inc. Location: Riverside Santa Ana Amount: $90,000 $70,000 CITY COUNCIL MINUTES 183 JUNE 21, 2004 . 22.M. 22.N. 22.0. 22.P. . 22.a. 22.R. PROJECTS 23.A. CONSENT CALENDAR SPEC. NO. 04-076 - INMATE PERSONAL CARE ITEMS - POLICE DEPARTMENT - Award a contract to Bob Barker Company, Inc. for a one- year period with provision for two one-year renewals in an annual amount not to exceed $16,066 - Finance & Management Services Agency SPEC. NO. 04-079 HEATING, VENTILATION, AND AIR CONDITIONING SYSTEM INSTALLATION - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to F. M. Thomas Air Conditioning, Inc. in an amount not to exceed $22,858.38 - Finance & Management Services Agency SPEC. NO. 04-080 MISCELLANEOUS LIGHT CONSTRUCTION - POLICE DEPARTMENT AND PARKS, RECREATION & COMMUNITY SERVICES - Award contracts to De La Secura, Inc. in an aggregate amount not to exceed $21,350 - Finance & Management Services Agency SPEC. NO. 04-083 - FURNITURE - Award contracts for the purchase of furniture based upon the U.S. Communities and County of Orange contracts for a total aggregate amount not to exceed $87,500 with the following vendors: Haworth, Inc. McMahan Desk School Specialty Virco Steelcase (Tangram Interiors) Herman Miller, Inc. SPEC. NO. 04-084 - TECHNOLOGY PRODUCTS - Amend the contract with Government Technology Services, Inc. (GTSI) to increase the aggregate limit by $20,000 for the purchase of technology products based upon the U.S. Communities contract with GTSI for an annual amount not to exceed $30,000 - Finance & Management Services Agency SPEC. NO. 04-085 - TOOLS FOR A FIRE PUMPER - FIRE DEPARTMENT - Award a contract to Hughes Supply, Inc. for the purchase of tools for a fire pumper based upon the U.S. Communities contract with Hughes Supply, Inc. for an annual amount not to exceed $15,000 - Finance & Management Services Agency REJECTION OF BIDS FOR ADAPTIVE TRAFFIC SIGNAL SYSTEM PHASE Motion: Reject all bids for Adaptive Traffic Signal System, Phase I, II and III and authorize staff to re-advertise the project . CITY COUNCIL MINUTES 184 JUNE 21, 2004 23.B. Motion: 23.C. Motion: 23.0. Motion: 1. 23.E. Motion: AGREEMENTS Motion: CONSENT CALENDAR CONTRACT AMENDMENT FOR WEED AND DEBRIS REMOVAL (PROJECT 2210) Approve a contract amendment with Naranjo Landscaping for a one- year extension for weed and debris removal services, in an amount not to exceed $175,000. CONTRACT AWARD FOR MAIN STREET, FAIRVIEW STREET AND GRAND AVENUE TRAFFIC MANAGEMENT (PROJECT NOS. 04-5003, 04-5004 AND 04-5005) 1. Award a contract to KDC, Inc. dba Dynalectric, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $551,273 for traffic management projects on Main Street, Fairview Street and Grand Avenue. 2. Approve a Funding Analysis with a total estimated construction cost of $689,300 CONTRACT AWARD FOR HARBOR BOULEVARD REHABILITATION FROM SOUTH CITY LIMITS TO WESTMINSTER AVENUE (PROJECT 04-2101 ) Award a contract to R.J. Noble, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $476,790.19 for construction of Harbor Boulevard Rehabilitation from South City Limits to Westminster Avenue. 2. Approve a Funding Analysis with a total estimated construction cost of $608,500. CONTRACT AWARD FOR FAIRVIEWIWARNER IMPROVEMENTS (PROJECT 04-1700) INTERSECTION 1. Award a contract to Palp, Inc., dba Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $718,598.45 for intersection improvements at Fairview Street and Warner Avenue 2. Approve a Funding Analysis with a total estimated construction cost of $898,500. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.J.) 185 JUNE 21, 2004 CITY COUNCIL MINUTES . 25.A. 25.B. 25.C. 25.D. . 25.E. 25.F. 25.G. 25.H. . CONSENT CALENDAR AGMT NO. 2004-116 EXTENSION FOR STREET TREE MAINTENANCE SERVICES - Approve an agreement extension for five years plus an additional five-year renewal option, with no additional increases in costs over the 10 year period, with West Coast Arborists, Inc. in an amount not to exceed $865,350 for FY 2004-2005 - Public Works Agency Councilmember Solorio abstained on Item 25.A due to a potential conflict of interest - Charter Section 425. AGMT NO. 2004-117 - LAW ENFORCEMENT HELICOPTER SERVICES - Execute a one year agreement with the Airborne Law Enforcement Services Joint Powers Authority in an amount not to exceed $238,745 - Police Department AGMT NO. 2004-118 - GASOLINE SERVICES - Execute an amended agreement with Chevron USA to increase the aggregate limit by $7,000 in an annual amount not to exceed $17,000 - Police Department AGMT NO. 2004-119 - MAINTENANCE AND SUPPORT OF POLICE DEPARTMENT'S MOBILE ACCESS SOFTWARE - Renew the agreement with Northrop Grumman Public Safety Inc.lMobile Access Software Inc. in an amount not to exceed $53,000 - Police Department AGMT NOS. 2004-120 AND 2004-121 - COMPREHENSIVE PHYSICAL EVALUATION, HEALTH SCREENING AND VACCINATIONS FOR VARIOUS CITY DEPARTMENTS - With U.S. Healthworks in an amount not to exceed $55,000 and with Westcliff Medical Laboratories in an amount not to exceed $24,000 - Fire Department, Finance & Management Services Agency, Police Department and Personnel Services Agency AGMT NO. 2004-122 - MARTIAL ARTS INSTRUCTION - Execute an amendment to the agreement with Choc Le, increasing the agreement by $22,300 and extending the term of the agreement to June 30, 2005 - Parks, Recreation and Community Services, and Finance & Management Services Agency AGMT NO. 2004-123 - VENDING MACHINES - Execute an amendment to the agreement with Pepsi Bottling Group to provide vending machines at City owned parks and recreational facilities - Parks, Recreation and Community Services AGMT NO. 2004-124 - IMPROVE RAILROAD CROSSING ON MAIN STREET (PROJECT 1757) - With Union Pacific Railroad Company for a total cost of $58,301 - Public Works Agency CITY COUNCIL MINUTES 186 JUNE 21, 2004 25.1. CONSENT CALENDAR AGMT NO. 2004-125 - PROVIDE STORMWATER RELATED PUBLIC EDUCATION AND OUTREACH SERVICES - With Waters & Faubel for a total cost of $85,000 - Public Works Agency 25.J. AGMT NO. 2004-126 - WATER PRODUCTION FACILITIES - With Southern California Edison Company for a Demand Bidding Program for water production facilities - Public Works Agency MISCELLANOUS BUDGET 29.A. INSURANCE RENEWALS/REVISIONS TO RISK POOL AGREEMENT Motion: 1. Approve City's continued membership in the Big Independent Cities Excess Pool (BICEP) for an additional three years beginning July 1, 2004 at an annual premium cost not to exceed $2,367,000 for the first year. 2. Approve the City of Riverside and the Community Development Commission of the County of Los Angeles as potential members of Big Independent Cities Excess Pool (BICEP) members effective July 1, 2004 and authorize the City Manager to execute any documents and any amendments to operative agreements including, but not limited to, the BICEP Liability Risk Coverage Agreement and/or the BICEP Joint Powers Agreement necessary to carry out this approval, including waiver of certain time limits in Section 6.1 of the Liability Risk coverage Agreement. 3. Approve City's continued participation in the Public Entity Property Insurance Program (PEPIP) from July 1, 2004 to July 1, 2005 at a premium cost of $457,439. LAND USE MATTERS 31.A. VARIANCE NO. 2004-04 TO ALLOW A REDUCTION IN STREET FRONTAGE FOR A RESIDENTIAL PROJECT - 515 WEST TENTH STREET Filed by Tony Vu requesting a variance from the City's minimum street frontage to allow the construction for a detached two-family residence at 515 West Tenth Street. Approved by the Planning Commission at its May 24, 2004 meeting by a vote of 4:2 (Cribb and Sinclair opposed, Lutz absent). CITY COUNCIL MINUTES 187 JUNE 21, 2004 . . . CONSENT CALENDAR Motion: Receive and file the staff report approving Variance No. 2004-04 as conditioned. 31.B. CONDITIONAL USE PERMIT NO. 2004-10 TO OPERATE A CHILDCARE FACILITY FOR KIDWORKS IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT -1902 EAST CHESTNUT AVENUE. Filed by Kidworks, EI Puente Community Development allow a childcare facility within an existing building in Industrial) zoning district at 1902 East Chestnut Avenue. Corporation to the M1 (Light Approved by the Planning Commission at its May 24, 2004 meeting by a vote of 5:0 (Nalle abstained, Lutz absent). Motion: Receive and file the staff report approving Conditional Use Permit No. 2004-10 as conditioned. *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR ORDINANCES I FIRST READING 50A 2004 GENERAL MUNICIPAL ELECTION Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2654 - An ordinance of the City Council of the City of Santa Ana calling for and giving notice of a general municipal election to be held in the City of Santa Ana on November 2, 2004 for the election of certain officers as required by the provisions of the City Charter and for the submission to the voters a question relating to an increase in the rate of the hotel visitors' tax. 2. Adopt a resolution. RESOLUTION NO. 2004-039 - A resolution of the City Council of the City of Santa Ana requesting the Board of Supervisors of Orange County to consolidate the general municipal election of the City of Santa Ana with the statewide general election to be held on November 2, 2004. 3. Adopt a resolution. CITY COUNCIL MINUTES 188 JUNE 21, 2004 BUSINESS CALENDAR RESOLUTION NO. 2004-040 - A Resolution of the City Council of the City of Santa Ana establishing a system for candidates whose statements are submitted to the electorate in the 2004 general election to pay the pro rata share of the cost of inclusion of the statement. 4. Adopt a resolution. RESOLUTION NO. 2004-041 - A resolution of the City Council of the City of Santa Ana authorizing written arguments for a city measure, and rescinding Resolution No. 79-20 related to rebuttal arguments. 5. Direct the City Attorney to prepare an impartial analysis of the ballot measure. 6. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for the ballot measure, fix a date for the submission of arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. MOTION: Bist SECOND: Christy VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) None (0) ABSTAIN: ABSENT: None (0) 50.B. ADOPTION OF VENDING VEHICLE REGULATIONS Public speakers, Evangeline Gawronski, Mary Guzman, Mark Guzman, Julie Stroud, Jose Soto, John M. White, Vicky Yamamoto, Paul Giles, Maria Siono, Ginelle Hardy, Dave Hoen, Catherine Cate, Michelle Higbee, Andree Weger, and Glen Stroud supported the adoption of vending vehicle regulations. However many of the speakers expressed concerns relative to the hours of operation, the amount of litter left on the streets, and the length of time the vending trucks park within the neighborhoods. Ms. Gawronski asked the Council to consider seasonal hours which would allow trucks to operate from 9 AM. to 8: P.M. in the summer and 9 A.M. to 5 P.M. in the winter. Other speakers supported this approach as well. CITY COUNCIL MINUTES 189 JUNE 21, 2004 . . . BUSINESS CALENDAR Council discussion ensued. Councilmember Bist suggested that language in Section 36-55 (b) of the ordinance which specifies that trash shall be picked up and properly disposed of "before such vehicle is moved" would be clearer if the last five words were deleted. Many of the trucks remain in an area for a significant period of time and the trash should not be allowed to accumulate. She added this change to her motion seconded by Council member Christy to place the ordinance on first reading and authorize publication. Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2655 - An ordinance of the City Council of the City of Santa Ana adding Division 3 of Article 2 to Chapter 36 of The Santa Ana Municipal Code to regulate vending vehicles and amending Section 1-18.1 MOTION: Bist SECOND: Christy VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) None (0) ABSTAIN: ABSENT: None (0) COUNCIL RECESSED AT 7:44 P.M. COUNCIL RECONVENED AT 7:50 P.M. (FRANKLIN AND SOLORIO NOT PRESENT) RESOLUTIONS 55.A. RESOLUTION AFFIRMING CONSISTENCY BETWEEN THE CITY'S CIRCULATION ELEMENT AND THE MASTER PLAN OF ARTERIAL HIGHWAYS AND CERTIFYING THE CITY PAVEMENT MANAGEMENT PLAN Motion: Adopt a resolution. RESOLUTION NO. 2004-042 - A resolution of the City Council of the City of Santa Ana affirming consistency between the circulation element and the master plan of arterial highways and certifying the city pavement management plan. CITY COUNCIL MINUTES 190 JUNE 21, 2004 BUSINESS CALENDAR MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Garcia, Pulido (5) NOES: None (0) None (0) ABSTAIN: ABSENT: Franklin, Solorio (2) ~ PUBLIC HEARINGS ~ 75.A. APPEAL NO. 2004-05 FOR THE PROPERTY LOCATED AT 121 SOUTH BIRCH STREET, UNITS 1-8 ON THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AND CATEGORIZING AS LANDMARK Filed by Palmer Enterprises to appeal the decision of the Historic Resources Commission, which approved the placement and categorization of the structure, located at 121 South Birch Street, Units 1-8 (Kaiser Apartments) as a Landmark property on the Santa Ana Register of Historical Properties. Historic Resources Commission adopted a resolution approving Historic Resources Commission Application 2004-23 and Historic Register Categorization No. 2004-23 at its April 1, 2004 meeting by a vote of 8-0 (Chinn absent) Legal Notice published in the Orange County Reporter on June 11, 2004. Motion: Continue item to July 19, 2004. 75.B. APPEAL NO. 2004-06 (CONDITIONAL USE PERMIT NO. 2004-06) 1935 E. SEVENTEENTH STREET Filed by Bergman Architecture on behalf of America's Tire to appeal the decision of the Planning Commission, which denied the issuance of Conditional Use Permit No. 2004-06 to allow a tire store in the C5 (Arterial Commercial) zoning district at 1935 E. Seventeenth Street. Motion approved by the Planning Commission at its May 10, 2004 meeting by a vote of 5-2 (Nalle and Sinclair opposed) Legal Notice published in the Orange County Reporter on June 11, 2004. CITY COUNCIL MINUTES 191 JUNE 21, 2004 PUBLIC HEARINGS . Motion: Continue item to July 19, 2004. COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:52 P.M. COUNCIL RECONVENED AT 7:54 P.M. WITH THE SAME MEMBERS PRESENT WORK STUDY SESSION WSA WASTE WATER DISCHARGE REQUIREMENTS SUMMARY 2004-2005 - PUBLIC WORKS AGENCY . Thorn Coughran, Water Resources Manager, gave a presentation on the Wastewater Discharge Requirements Program; highlights of this presentation are as follows: . Mid 2000, the Environmental Protection Agency proposed a new regulation - Capacity, Management, Operation & Maintenance . Regulation for waste water discharge to be administered by the Santa Ana Regional Water Control Board . November, 2001, the Santa Ana Regional Water Quality Control Board proposed Wastewater Discharge Report . April 30, 2002, Santa Ana Regional Water Quality Control Board adopts Waste Discharge Requirements . Santa Ana Sewer System program task schedule: 0 Management Plan - completion date = September 30, 2002 0 Sewer System Overflow Emergency Response Plan- completion date = January 1, 2003 0 Preventative Maintenance Program - completion date = June 15,2003 0 Legal Authority - completion date = July 15, 2004 0 Grease Control Program - completion date = December 30, 2004 0 Capacity Evaluation - completion date = July 30, 2005 0 Sewer Rehabilitation Plan - completion date = September 30, 2005 0 Final Sewer System Management Plan - completion date = September 30, 2005 . Current Activities: 0 Modify City's legal authority in the City's NPDES Permit to address sewer system management plan requirements to include: 1. Control Infiltration/Connections from Inflow Sources . CITY COUNCIL MINUTES 192 JUNE 21, 2004 WORK STUDY SESSION 2. Require that Sewers/Connections be properly designed and constructed 3. Ensure proper installation, testing and inspection of new and rehabilitated sewers 4. Limit fats and greases and other debris that may cause blockages in the sewer collection system . In process of developing an effective grease control program . Future activities include introduction of program to Council/Business Community and proposed grease control program COMMENTS 90.A. PUBLIC COMMENTS Daniel Wainwright, the applicant on Item 75B, addressed the Council and noted that he looks forward to presenting his proposal to the Council on July 19, 2004 Jeff Dickman informed the Council that several residents interested in the proposed One Broadway Plaza project have looked at other Harrah projects, particularly the structure at 801 N. Main and discovered work being done without the required permits; he asked the Council if there was an agreement with Mr. Harrah to do work before the permitting process was completed. Mayor Pulido noted that there was no agreement with Mr. Harrah to do work without the required permits. Steve Harding, Executive Director, Planning and Building Agency reported that there is an agreement with Mr. Harrah which gives him the ability to use deputy inspectors and that this process is allowed by the UBC; he further noted that there is not an agreement which would allow Mr. Harrah or anyone else to avoid the permitting process. Councilmember Franklin asked Mr. Harding to provide copies of the written agreement related to inspectors to the residents. Vic and Judy Edge addressed the Council with concerns related to Sandpointe Park and Sandpointe Park clubhouse Delilah Snell promoted the concept of a Farmers Market in Santa Ana as a way to enhance the image of the City Catherine Cate and Ben Grabiel addressed the Council and presented additional concerns related to the Vending truck regulations. Ms. Cate also raised concerns relative to the tinted windows at the new Sav-On Drug Store in the downtown area, CITY COUNCIL MINUTES 193 JUNE 21, 2004 . . . COMMENTS Steve McGuigan noted that all Council meetings should be televised so that all residents could participate in meetings 90.B. CITY COUNCIL COMMENTS Councilmember Garcia . Thanked the members of the Council Neighborhood Improvement and Code Enforcement (NICE) Committee for their hard work on the vending truck ordinance Council member Solorio . Questioned the legality of the tinted windows at the Sav-On Store; Mayor Pulido noted that he is going of a tour of the facility and will bring the matter to the attention of Sav-On Management ADJOURNMENT - 7:52 p.m. - To Tuesday, July 6, 2004, at 5:30 p.m., City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California . . Patncia E. Healy Clerk of the Council CITY COUNCIL MINUTES 194 JUNE 21, 2004