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Home My WebLink About00 AGENDA 03-04-02CALL TO ORDER AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN MARCH 4, 2002 CLOSED SESSION - 5:00 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:00 P.M. ROLL CALL PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION - The City Council shall convene in closecl session to confer with the City Attorney 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 (2) Conference with Real Property Negotiator (Government Code Section 54956.8). 1. Property: former Marine Corps Air Station, Tustin. Negotiators: Department of Navy and City Manager or Designee (City). Under negotiation: Price and terms of payment; and 2. Property: 339 Preble Drive, APN 401-592-12, 285 E. Main Street, APN 401-593-04, 240 E. Third Street and 324-330 Preble Drive, APN 401-582-01,401-593- 01 through 03, 324 E. Preble Drive, APN 401-592-11, 300 E. Third Street, APN 401-592-10 and 305 E. Main Street, APN 401-592-13 through 15; Negotiators: William and Susan Blanchard, Carolyn De Nicola, Walter and Marilyn Emery, Kenneth and Lisa Potiker, Ryp Shinagawa, and Tustin Masonic Temple Association and City Manager or Designee (City). Under negotiation: Price and terms of payment. INTERVIEWS - The City Council has scheduled Commission/Committee interviews for 6:00 p.m. in the Council Chamber. The interviews are open to the public. REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Pastor Dane Counts, Kings Way Church ROLL CALL CLOSED SESSION REPORT Agenda - City Council March 4, 2002 - Page I PROCLAMATION - None PRESENTATION - State of the Library - John Adams, County Librarian FIRST PUBLIC INPUT - At this time members of the public may address the City Council regarding any items not on the agenda, and within the subject matter jurisdiction of the City Council (no action can be taken on off-agenda items unless authorized by law). If you wish to address the City Council on any matter, please fill out one of the blue forms located on the speaker's podium and submit to the City Clerk so that your remarks on the digital recording of the meeting can be attributed to you. When you start to address the City Council, please state your full name for the record. Total time allotted for public input on non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. A speaker may not relinquish her/his time to another speaker. A Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARING (ITEM 1 ) APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00- 001 AND 00-002 (14511 AND 14512 CARFAX DRIVE) AND APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMITS 01-017 AND 01-018 (14511 AND 14512 CARFAX DRIVE) On March 12, 2001, the Planning Commission denied Use Determination Nos. 00-001 and 00-002 finding that the uses that have been established at 14511 and 14512 Carl:ax Drive are not apartments and are boarding houses which require approval of conditional use permits. The applicant appealed the Planning Commission's decision. Although the applicant appealed this decision, he also submitted an application for conditional use permits for boarding houses, consistent with the provisions of the Tustin City Code. On April 16, 2001, July 16, 2001, October 15, 2001, and February 4, 2002, the City Council continued the Use Determination appeal hearing at the applicant's request so the conditional use permit process could be completed. Staff is recommending that the City Council uphold the Planning Commission's decision determining that the uses that have been established at 14511 and 14512 Carfax Drive are not apartments and are boarding houses which require approval of conditional use permits. On January 28, 2002, the Planning Commission approved Conditional Use Permits 01- 017 and 01-018 authorizing two (2) boarding houses for the purpose of operating a sober living facility at 14511 and 14512 Carfax Drive. (Recommended Action No. 1 below.) On February 4, 2002, the City Council appealed the Planning Commission's decision. Staff is recommending that the Council deny the appeal but approve the Conditional Use Permits consistent with either Recommendation No. 2A or 2B listed below. Recommendation by the Community Development Department: Adopt the following Resolution No. 02-14 upholding the Planning Commission's decision denying Use Determination 00-001 and 00-002: Agenda - City Council March 4, 2002 - Page 2 RESOLUTION NO. 02-14 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION DENYING USE DETERMINATION NOS. 00-001 AND 00-002 AND DETERMINING THAT THE USES AT 14511 AND 14512 CARFAX DRIVE ARE NOT APARTMENT HOUSES AND ARE BOARDING HOUSES WHICH REQUIRE APPROVAL OF CONDITIONAL USE PERMITS SUBJECT TO SECTION 9228(b)(5) OF THE TUSTIN CITY CODE That the City Council take one of the following actions: 2A. Adopt Resolution No. 02-17A upholding the Planning Commission's decision approving Conditional Use Permits 01-017 and 01-018; or 2B. Adopt Resolution No. 02-17B modifying the Planning Commission's decision approving Conditional Use Permits 01-017 and 01-18; or 2C. Direct staff to prepare a resolution setting aside the Planning Commission's decision and denying Conditional Use Permits 01-017 and 01-018, with appropriate findings. CONSENT CALENDAR ( ITEMS 2 THROUGH 5 ) All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Council, staff or public request specific items be discussed and/or removed from the Consent Calendar for separate action. APPROVAL OF MINUTES - FEBRUARY 19, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 19, 2002. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,084,389.40 and ratify Payroll in the amount of $446,068.43. RESOLUTION NO. 02-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2002-2003 Recommendation: Adopt Resolution No. 02-26, ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2002-2003 as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-25 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR FRONTIER PARK PLAY EQUIPMENT Recommendation: Adopt Resolution No. 02-25, accepting said work as complete, authorize the recordation of the Notice of Completion and direct the City Clerk to: 1) Release the Labor and Materials Bond no sooner than thirty-five days after the date of recordation of the Notice of Completion; and 2) Release the Faithful Performance Bond Agenda - City Council March 4, 2002 - Page 3 no sooner than one year after the date of recordation of the Notice of Completion as recommended by Parks and Recreation Services. REGULAR BUSINESS ( ITEMS 6 THROUGH 8 ) 6. TERM LIMITS FOR PLANNING COMMISSIONERS Clarification is needed by the City Council on Term Limits for Planning Commissioners. The options for interpreting Tustin City Code Section 1513 without making a language change to the City's Code are as follows: 1. Adopt the interpretation of the City Attorney as set forth in the attached Memorandum dated December 5, 2001, entitled "Terms of Office of Members of the Planning Commission." 2. Construe the terms of office that were interrupted and expired as of March 21, 2001 as "full terms of office." This would mean that someone who had served two (2) consecutive terms and who was serving a third term at the time of the 2001 City Council amendment of the Code, would not be eligible to serve again because they would have completed three (3) full consecutive terms. Recommendation: Pleasure of the City Council. 7. APPOINTMENT OF COMMISSION/COMMI'I-I'EE MEMBERS The City Council will cast ballots to appoint members to the Planning Commission, Parks and Recreation Commission, and Audit Committee. Recommendation by the Office of the City Clerk: Cast ballots to determine appointments for the Planning Commission, Parks and Recreation Commission, and Audit Committee. 8. CELEBRATING TUSTIN'S 75 YEARS OF CITY HOOD A "Celebration" program developed by an ad hoc committee established to identify programs and publication materials to celebrate Tustin's 75~ anniversary of incorporation. Recommendation by City Manager's Office and Parks and Recreation Services: Adopt the "Celebration" program for the City of Tustin to celebrate their 75th anniversary of incorporation. SECOND PUBLIC INPUT - At this time members of the public may address the City Council, the Tustin Community Redevelopment Agency, and any other City of Tustin agency, regarding any items not on the agenda and within the subject matter jurisdiction of the City Council acting as the City Council for the City of Tustin and as the Board of Directors for the Tustin Community Redevelopment Agency and any other City of Tustin agency. No action can Asenda - City Council March 4, 2002 - Pa§e 4 be taken on off-agenda items unless authorized by law. If you wish to address the City Council on any matter, please fill out one of the blue forms located on the speaker's podium and submit to the City Clerk so that your remarks on the digital recording of the meeting can be attributed to you. Total time allotted for public input on non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. A speaker may not relinquish her/his time to another speaker. When you start to address the City Council, please state your full name for the record. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - The City Council has scheduled a joint workshop with the Audit Committee on Monday, March 18, 2002, at 5:30 p.m., and the next regular meeting of the City Council is scheduled for Monday, March 18, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council March 4, 2002 - Page 5