HomeMy WebLinkAbout01 CC MINUTES 03-18-024:58 p.m.
Council Present:
Council Absent:
City Clerk:
Others Present:
None
Announced
6:59
Given
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
MARCH 4, 2002
NO. 1
03-18-02
CLOSED SESSION -5:00 P.M.
CALL TO ORDER
ROLL CALL
Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Wodey,
Councilmembers Lou Bone, Mike Doyle and Tony Kawashima
None
Pamela Stoker (Absent)
William A. Huston, City Manager; Lois Jeffrey, City Attorney;
Beverley White, Chief Deputy City Clerk; and 0 in the audience.
PUBLIC INPUT
CLOSED SESSION - Mayor Thomas 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 (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.
REGULAR MEETING - 7:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE - Mayor Thomas
Minutes- City Council March 4, 2002- Page 1
Given INVOCATION - Pastor Dane Counts, Kings Way Church
Council Present:
Council Absent:
City Clerk:
Others Present:
None
Presented
Bob Machado
Tustin, CA
Bob Wehn
Tustin, CA
Allan Browning
Tustin, CA
Various speakers
Kimbedy Conroy
Tustin, CA
ROLL CALL
Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Wodey,
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; Ron Nault, Director of Finance; Tim Serlet, Director of
Public Works; Elizabeth Binsack, Director of Community
Development; Steve Foster, Chief of Polio;e; Doug Anderson,
Senior Project Manager; Joe Meyers, Administrative Services
Manager; Dana Kasdan, Engineering Services Manager; Sam
Altowaiji, Field Services Manager; Patrick Sanchez, Director of
Parks & Recreation; Khanh Nguyen, Building Official; Karen
Peterson, Senior Planner; Scott Reekstin, Senior Planner;
Beverley White, Chief Deputy City Clerk; and approximately 65 in
the audience.
CLOSED SESSION REPORT
PROCLAMATION - None
PRESENTATION - State of the Library - John Adams, County
Librarian
FIRST PUBLIC INPUT
Described Tustin Public Schools Foundation programs and
thanked staff for their support.
Spoke in favor of Measure W.
Spoke on Tustin Connection, a communication program for the
city.
The following members of the audience spoke in opposition to
Measure W:
Dan Gilliland, Balboa, CA
Philip Arst, Corona del Mar, CA
Submitted a petition for additional, adequate, directional signs to
Stevens Square parking and stated that more signs would help
direct people who were not aware the parking facility existed.
Minutes - City Council March 4, 2002 - Page 2
Arnold Surfas
Tustin, CA
Adopted Resolutions No.
02-14 and 02-17B
Spoke on the lack of notification regarding the construction on El
Camino Real; the affect of the construction on the Chili Cook Off,
Tustin Tiller Days Parade and Christmas Tree Lighting Ceremony;
commented on Stevens Square parking signage; questioned the
Utt Juice property status; and requested signage guideline status.
Elizabeth Binsack, Director of Community Development,
responded that the City was updating the zoning code; the current
cede allowed significant flexibility; and the City would consider
more signage opportunities and provide more options when the
code was updated.
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)
Lois Jeffrey, City Attorney, reported that a formal request by
the applicant for continuance of the appeal of the Planning
Commission's denial of Use Determination Nos. 00-001 and
00-002 had been received by staff.
Mayor Thomas opened the public headng at 8:00 p.m.
The following members of the audience spoke in opposition
to Use Determination Nos. 00-001 and 00-002 and
Conditional Use Permits 01-017 and 01-018 (14511 and
14512 Carfax Ddve):
Clarence McCollum, Tustin, CA
Len Spivak, Fountain Valley, CA
John Grunewald, Tustin, CA
The following members of the audience spoke in favor of
Use Determination Nos. 00-001 and 00-002 and Conditional
Use Permits 01-017 and 01-018 (14511 and 14512 Carfax
Drive):
Kevin Robinson, Santa Ana, CA
Nick Spadafino, Corona, CA
Joe Foust, Santa Ana, CA
Jeff Mason, Tustin, CA
Kurt Hunt, Tustin, CA
James McKibbin, Costa Mesa, CA
Lewis A. Cadetta, Tustin, CA
Thomas Lynch, Tustin, CA
Raymond Jaycie, Tustin, CA
Minutes - City Council March 4, 2002 - Page 3
Approved
Approved
There were no other speakers and the public hearing was
closed at 8:55 p.m.
Kevin Robinson, attorney for the applicant, withdrew the
request for continuance of the appeal of the Planning
Commission's denial of Use Determination Nos. 00-001 and
00-002 on behalf of the applicant.
It was moved by Bone, seconded by Kawashima, to adopt
the following Resolution No. 02-14:
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
Motion carried 5-0.
It was moved by Wodey, seconded by Kawashima, to adopt
the following Resolution No. 02-17B:
RESOLUTION NO. 02-17B- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TUSTIN, MODIFYING
THE PLANNING COMMISSION'S DECISION TO
APPROVE CONDITIONAL USE PERMIT NOS. 01-017
AND 01-018 AUTHORIZING THE ESTABLISHMENT OF
BOARDING HOUSES FOR THE PURPOSE OF
OPERATING A SOBER LIVING FACILITY LOCATED AT
14511 AND 14512 CARFAX DRIVE
Motion carried 5-0.
CONSENT CALENDAR ( ITEMS 2 THROUGH 5 )
It was moved by Wodey, seconded by Doyle, to approve the
Consent Calendar as recommended by staff. Motion carded 5-0.
APPROVAL OF MINUTES - FEBRUARY 19, 2002
REGULAR MEETING
Recommendation: Approve the City Council Minutes of
February 19, 2002.
3. APPROVAL OF DEMANDS AND RATIFICATION OF
PAYROLL
Minutes - City Council March 4, 2002 - Page 4
Adopted Resolution No.
02-26
Adopted Resolution No.
02-25
Approved altemative No. 2
4-1, TK opposed
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, ordedng
the preparation of the Engineer's Report for the Tustin
Landscape and Lighting Distdct 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
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
Councilmember Kawashima stated he opposed altemative
No. 2 and said it was unfair to the applicants who were at
the three term limit and had applied for appointment.
It was moved by Bone, seconded by Wodey, to construe the
terms of office that were interrupted and expired as of March
21,2001 as '~11 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.
Motion carded 4-1, Kawashima opposed.
Minutes - City Council March 4, 2002 - Page 5
Appointed Friend and
Moore to Audit; Eckman,
Hovland and Murray to
Parks and Recreation
Commission; and
Jennings and Denny to
Planning Commission
APPOINTMENT OF COMMISSION/COMMITTEE
MEMBERS
Ballots were cast by Council to fill two two-year terms on the
Planning Commission, as follows:
Thomas:
Wodey:
Kawashima:
Bone:
Doyle:
Jennings, Denny
Jennings, Menard
Jennings, Menard
Jennings, Denny
Jennings, Denny
Pamela Stoker, City Clerk, reported the ballot tally as
follows:
Linda Jennings (5 votes) and Mark Denny (3 votes) were
appointed to the Planning Commission with terms expidng
March 1, 2004.
Ballots were cast by Council to fill three two-year terms on
the Parks and Recreation Commission, as follows:
Thomas:
Wodey:
Kawashima:
Bone:
Doyle:
Eckman, Hovland, Murray
Eckman, Hovland, Murray
Eckman, Hovland, Murray
Eckman, Hovland, Murray
Eckman, Hovland, Murray
Pamela Stoker, City Clerk, reported the ballot tally as
follows:
Ken Eckman (5 votes), Ginny Hovland (5 votes) and Al
Murray (5 votes) were appointed to the Parks and
Recreation Commission with terms expidng March 1, 2004.
Ballots were cast by Council to fill two four-year terms on
the Audit Committee, as follows:
Thomas:
Wodey:
Kawashima:
Bone:
Doyle:
Fdend, Moore
Friend, Moore
Fdend, Moore
Friend, Moore
Friend, Moore
Pamela Stoker, City Clerk, reported the ballot tally as
follows:
R. Lawrence Friend (5 votes) and Greg Moore (5 votes)
were appointed to the Audit Committee with terms expidng
March 1,2006.
Minutes - City Council March 4, 2002 - Pase 6
Adopted "Celebration"
program
None
OTHER BUSINESS
8. CELEBRATING TUSTIN'S 75 YEARS OF CITY HOOD
It was moved by Wodey, seconded by Bone, to adopt the
"Celebration" program for the City of Tustin to celebrate their
75th anniversary of incorporation.
Motion carded 5-0.
SECOND PUBLIC INPUT
VETERANS DAY PARADE
Councilmember Bone noted the Veterans Day parade would be held on November 11,
2002, and needed volunteers to help in the parade's organization.
SANA ANA RIVER TOUR
Councilmember Bone noted an upcoming Santa Ana River Tour on April 25 and 26,
2002.
ORANGE COUNTY BOARD OF SUPERVISORS
Councilmember Bone spoke on his and staff's attendance at a recent Board of
Supervisors meeting where the Board voted to support Scenado 1.
JOHN WAYNE AIRPORT
Councilmember Bone stated that John Wayne Airport was the eighteenth busiest airport
in the United States.
CITY WEBSITE
Councilmember Kawashima commented on the City's Document Archive on the website.
NEW COMMISSlON/COMMI'I-I'EE MEMBERS
Councilmember Kawashima congratulated newly appointed commissioners/committee
members.
MCAS, TUSTIN NEGOTIATIONS
Mayor Pro Tem Wodey commended staff on the negotiations with the Navy and their
signing of the Economic Development Conveyance.
Mayor Thomas thanked staff for their hard work on the base negotiations.
Minutes - City Council March 4, 2002 - Page 7
APRIL 1,2002 CITY COUNCIL MEETING
Mayor Pro Tem Wodey stated she would not be attending the April 1,2002 Council
meeting.
ELECTION DAY
Mayor Thomas encouraged everyone to vote on March 5, 2002.
COMMITTEE REPORTS
TUSTIN PRIDE
Councilmember Bone commented that Tustin Pdde would participate in Arbor Day on
March 13, 2002, and Volunteer Connection Day would be held on April 27, 2002, to
refurbish Tustin tennis courts on School Lane and Service Road.
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
Councilmember Bone gave a SCAG report noting that the Western States Maglev
Alliance had been formed.
ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG)
Councilmember Bone spoke on OCCOG federal funding and an upcoming urban run off
meeting.
WATER ADVISORY COMMI'I-FEE OF ORANGE COUNTY 0NACO)
Councilmember Bone gave a WACO report including January water usage; requested
staff give an update on the 17t~ Street Desalter; and that California families of 4 were the
lowest users of water.
Tim Serlet, Director of Public Works, responded that well number 4 at the 17th Street
Desalter was in the process of being replaced and that it had been drilled and casing
installed.
ORANGE COUNTY SANITATION DISTRICT
Councilmember Kawashima gave a Sanitation District report on bleaching off shore
water; the Orange County Sanitation District stated the process was harmless however
they would do further research to acquire more data to alleviate concerns from outfall
groups; and the cost was about $14 million a year.
SENIOR FUND BOARD OF DIRECTORS
Councilmember Kawashima noted his attendance at a Senior Center Fund board
meeting and the board had allocated $10,000 for renovation of Tustin Area Senior
Center Classroom 3/Computer Learning Center.
Minutes - City Council March 4, 2002 - Page 8
ADJOURNMENT - Mayor Thomas adjoumed the meeting at 9:39 p.m. The City Council
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 was scheduled for Monday, March 18, 2002, at
7:00 p.m. in the Council Chamber at 300 Centennial Way.
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, CITY CLERK
Minutes - City Council March 4, 2002 - Page 9