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Home My WebLink AboutCC MINUTES 2002 02 045:38 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: None MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 4, 2002 CLOSED SESSION- 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Jeffery M. Thomas (arrived at 5:45 p.m.), Mayor Pro Tem Tracy Wills Worley (arrived at 5:40 p.m.), Councilmembers Lou Bone, Mike Doyle and Tony Kawashima None Pamela Stoker (Absent) Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Councilmember Doyle announced that the City Council would convene in closed session to confer with the City Attomey regarding (1) Pending litigation to which the City is a party: 1. Garcia v. City of Tustin, Case Number 01CC02149 (state court matter); 2. Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number 01CC02595 (state court matter); 3. Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number CV-01-3426 W JR (CTX) (federal court matter), and 4. City of Tustin v. Marc Kassoff et al. OCSC No. 00CC06418; (2)Initiation of litigation, Government Code Section 54956.9(c), two (2) cases; (3) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: former Marine Corps Air Station, Tustin. Negotiators: Department of Navy and City Manager or Designee (City). Under negotiation: Price and terms of payment. REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Doyle INVOCATION - Mayor Worley ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley, Councilmembers Mike Doyle, Lou Bone and Tony Kawashima None Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; George Jeffries, City Treasurer; Steve Foster, Chief of Police; Ron Nault, Director of Finance; Adene Marks, Director of Human Resources; Tim Serlet, Director of Public Works; Elizabeth Binsack, Director of Community Development; Brent Zicarelli, Police Lieutenant; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Pat Sanchez, Director of Parks & Recreation; Karen Peterson, Senior Planner; Scott Reekstin, Senior Planner; Justina Willkom, Associate Planner; Carol Ruane, Senior Human Resources Analyst; Beverley White, Chief Deputy City Clerk; and approximately 100 in the audience. CLOSED SESSION REPORT Minutes - City Council February 4, 2002 - Page I Presented Jan Hiles Santa Ana, CA Continued to March 4, 2OO2 Adopted Resolution No. 02-8 and Resolution No. 02-9, as modified PROCLAMATION - Holiday Lights Display Winner- Domenico Masdea FIRST PUBLIC INPUT Described Tustin Chorus activities and requested singers join the group and invited those interested to their next rehearsal on February 12, 2002. PUBLIC HEARING (ITEMS 1 THROUGH 2 ) APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00-001 AND 00-002 (14511 AND 14512 CARFAX DRIVE) It was moved by Bone, seconded by Worley, to continue the public hearing to March 4, 2002. Motion carried 5-0. 2. HOUSING ELEMENT UPDATE Elizabeth Binsack, Director of Community Development, advised Council that one additional finding had been included in Resolution No. 02-9. Mayor Thomas opened the public hearing at 7:22 p.m. The following member of the audience spoke in opposition to Resolution No. 02-9, Approving General Plan Amendment 02-001, updating the Tustin Housing Element Pursuant to Government Code Section 65588: Lisa D. Ramirez, Catholic Charities, Tustin, CA There were no other speakers on the subject and the public hearing was closed at 7:26 p.m. It was moved by Kawashima, seconded by Bone, to adopt the following Resolution No. 02-8: RESOLUTION NO. 02-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT FOR THE REUSE AND DISPOSAL OF THE MCAS, TUSTIN AS COMPLETE AND ADEQUATE FOR THE HOUSING ELEMENT UPDATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Worley, seconded by Kawashima, to adopt the following Resolution No. 02-9, as modified to add Finding B, In accordance with Government Code section 65585 (f)(1) and HCD's findings and recommendations, the City has modified the draft Housing Element Update to comply with the requirements of Article 10.6., approving General Plan Amendment 02-001, updating the Tustin Housing Element: RESOLUTION NO. 02-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 02-001, UPDATING THE TUSTIN HOUSING ELEMENT PURSUANT TO GOVERNMENT CODE SECTION 65588 Minutes-City Council February 4, 2002- Page 2 600-20 Approved Approved Approved Approved Approved Adopted Resolution No. 02-11 Motion carried 5-0. CONSENT CALENDAR ( ITEMS 3 THROUGH 14 ) Councilmember Bone removed Items No. 7 and 8 from the Consent Calendar. It was moved by Worley, seconded by Doyle, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. APPROVAL OF MINUTES - JANUARY 22, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 22, 2002. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,191,408.20 and ratify Payroll in the amount of $676,484.05. USED VEHICLE PURCHASE Recommendation: Authorize the purchase of a 2001 Dodge Grand Caravan at a total cost of $20,398.86 as recommended by the Police Department. AUTHORIZATION FOR PURCHASE, PATROL VEHICLE Recommendation by the Police Department: 1. Authorize the purchase of three 2002 Ford Crown Victoria vehicles for marked police patrol and one Ford Expedition for police patrol supervisors to Wondries Chevrolet of Alhambra, in the amount of $111,093.72 (tax included). Wondries Chevrolet is the emergency vehicle authorized dealer for this area. 2. Authorize expenditure of funds for conversion of the four marked police patrol units to Pursuit Technologies of Buena Park, Califomia in the amount of $23,864.07 (tax included). 3. Authorize the Police Department to acquire five Mobile Audio Video Systems from Kustom Signals, Inc., Lenexa, Kansas, in the amount of $23,985.25 (tax included). This is an on-going replacement project. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR WATER MAIN INSTALLATION AND REPLACEMENT (CIP NOS. 6106 AND 6151) Recommendation: Approve the Consultant Services Agreement with Daniel Boyle Engineering, Inc. of Laguna Hills, California, in the amount of $39,901.00 and authorize the Mayor and City Clerk to execute the agreement on behalf of the City as recommended by the Public Works DepartmentJWater Services Division. 10. RESOLUTION NO. 02-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE WALNUT AVENUE REHABILITATION FROM BROWNING AVENUE TO MYFORD ROAD (CIP NO. 7125) AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 02-11, approving the plans and specifications for the pavement rehabilitation of Walnut Avenue from Browning Avenue to Myford Road (CIP No. 7125), and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Minutes - City Council February 4, 2002 - Page 3 615-90 150-50 380-40 380-40 400-10 Department/Engineering Division. 400-45 Adopted Resolution No. 02-13 Received and filed Adopted Resolution No. O2-7 Approved City Council appealed public hearing Item No. 3, Continued Public Hearing for Conditional Use Permit Nos. 01-017 and 01-018; remainder ratified Tabled Support of Measure W 11. RESOLUTION NO. 02-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT OF THE JOINT POWERS AGREEMENT FOR THE ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY, CHANGING ITS NAME TO THE "CALIFORNIA INSURANCE POOL AUTHORITY" Recommendation: Adopt Resolution No. 02-13 approving the Joint Powers Agreement name change and authorizing the Mayor to sign the amendment to the Joint Powers Agreement as recommended by the Finance Director. 400-10 12. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS Recommendation: Receive and file as recommended by the Community Development Department. 690-10 13. RESOLUTION NO. 02-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE ORANGE COUNTY ADULT ALCOHOL AND DRUG SOBER LIVING FACILITIES CERTIFICATION GUIDELINES AND DIRECTING STAFF TO PERFORM CERTAIN DUTIES AS SET FORTH IN THE GUIDELINES Recommendation: Adopt Resolution No. 02-7 as recommended by the Community Development Department. 240-40 14. CLAIM OF CHARLES M. DREES; CLAIM NO. 01-51 Recommendation: Reject Claim No. 01-51, Charles M. Drees, as recommended by the City Attorney. 180-10 ITEMS REMOVED FROM CONSENT CALENDAR PLANNING COMMISSION ACTION AGENDA- JANUARY 28, 2002 Councilmember Bone voiced concern about the lack of parking in the Carfax area. Council unanimously concurred to appeal Item No. 3, Continued Public Headng for Conditional Use Permit Nos. 01-017 and 01-018. It was moved by Bone, seconded by Worley, to ratify the remainder of the Planning Commission Action Agenda - January 28, 2002. Motion carried 5-0. RESOLUTION NO. 02-12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE PASSAGE OF PROPOSITION 40, THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 Councilmember Bone stated he opposed Proposition 40 and was concerned passage of the proposition would add $2.6 billion more to the state's current bond debt. Council unanimously concurred to table this item. 460-60 REGULAR BUSINESS ( ITEMS 15 THROUGH 17 ) 15. THE ORANGE COUNTY CENTRAL PARK AND NATURE Minutes- City Council February 4, 2002 - Page 4 failed 2-3, Bone, Doyle, Kawashima opposed No changes made to Tustin Pride Committee Approved staff recommendation 16. 17. PRESERVE INITIATIVE (ALSO KNOWN AS MEASURE W) The following members of the audience spoke in opposition to Measure W: Bill Keams, Costa Mesa, CA Bill McCoy, Tustin, CA Norman Ewers, Irvine, CA Charles Griffin, Newport Beach, CA Tom Anderson, Newport Beach, CA William Fox, Tustin, CA Jeff Robbins, Tustin, CA Ann Watt, Santa Ana, CA Sharon August Jones, Tustin, CA Nathan Menard, Tustin, CA Robert B. Hanley, Santa Ana, CA George Margolin, Newport Beach, CA Nancy Alston, Newport Beach, CA Shirley Conger, Corona del Mar, CA The following members of the audience spoke in favor of Measure W: Jack F. Miller, Tustin, CA Chad Ohanian, Tustin, CA Ken Morrison, Tustin, CA Michael Nermon, Tustin, CA Ivy Bridge, Tustin, CA Carolyn Brothers, Tustin, CA Tamara G. Murphy, Tustin, CA Leonard Hoyt McGuire, Tustin, CA Larry Maldarelli, Tustin, CA Sergio Prince, Laguna Hills, CA John Adams, Monarch Beach, CA Clara P. Honea, Tustin, CA Robert Mead, Mission Viejo, CA Gary Thompson, Rancho Santa Margarita, CA Col. Bill Snyder, Tustin, CA Councilmember Bone stated he was opposed to Measure W because he believed passage of the measure would cause John Wayne Airport expansion and would not be in the best interest of Tustin. Councilmember Doyle stated he opposed Measure W because of the potential for John Wayne Airport expansion. Councilmember Kawashima stated he was opposed to Measure W because he did not believe it was the best use of the property. It was moved by Thomas, seconded by Worley, to adopt Resolution No. 02-10, supporting Measure W. Motion failed 2-3, Bone, Doyle, Kawashima opposed. TUSTIN PRIDE Council unanimously concurred to make no changes to the structure of the Tustin Pride Committee. REQUEST FOR A MID-BLOCK CROSSWALK ON EL CAMINO REAL BETWEEN MAIN STREET AND SIXTH STREET AND CONSTRUCTION OF PARKING FACILITIES AND A PEDESTRIAN RAMP AT 450 EL 460-60 120-30 Minutes - City Council February 4, 2002 - Page 5 CAMINO REAL It was moved by Worley, seconded by Kawashima, to deny the request to install a mid-block crosswalk on El Camino Real between Main Street and Sixth Street and construction of parking facilities and a pedestrian ramp at 450 El Camino Real. None Motion carried 5-0. SECOND PUBLIC INPUT 760-75 770-30 770-40 OTHER BUSINESS SLEEP APNEA Councilmember Doyle spoke on a device used for his sleep apnea. URBAN RUN-OFF Councilmember Bone requested staff comments on urban run-off and its affect on Tustin. Tim Sedet, Director of Public Works, responded that the City monitored permitted storm water programs; permit monitoring costs would increase; and additional information would be provided to Council and the Planning Commission. LEAGUE OF CITIES Councilmember Bone stated the League of Cities requested the City take a position on Proposition 42. OLD TOWN STREETSCAPE GROUNDBREAKING Councilmember Kawashima noted his attendance at the Old Town Streetscape groundbreaking. TUSTIN OLD TOWN ASSOCIATION (TOTA) Councilmember Kawashima reported TOTA had elected new officers. SCIENCE FAIR Councilmember Kawashima stated he and Councilmember Bone had been judges at a science fair and 119 Tustin students from 1St through 8th grade won ribbons. NEW LIBRARY Mayor Pro Tem Worley stated the City was in the planning stages of building a new library and noted bi-monthly meetings were being held. SENIOR FUND BOARD OF DIRECTORS Mayor Thomas appointed Councilmember Kawashima as the Senior Fund Board of Directors alternate. SPEED BUMPS ON LAURELWOOD Mayor Thomas reported he had received a letter from a Laurelwood resident regarding speed bumps and requested staff address the issue. TRAFFIC ON PIONEER WAY Mayor Thomas commented on the traffic in the mornings on Pioneer Way and noted the positive difference in how people drove when a police officer was stationed at the intersection. Minutes- City Council February 4, 2002- Page 6 COMMITTEE REPORTS WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) Councilmember Bone gave a WACO meeting report including Orange County average temperature; year to date rainfall; and Tustin water usage. ORANGE COUNTY SANITATION DISTRICT Councilmember Kawashima said the Sanitation District was interested in becoming involved with the urban run off issue. ADJOURNMENT- Mayor Thomas adjourned the meeting at 10:31 p.m. The next regular meeting of the City Council was scheduled for Tuesday, February 19, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. J~FH--"E~Y/I(A. THOMAS, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council February 4, 2002 - Page 7