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Home My WebLink AboutCC MINUTES 2002 03 044:58 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 6:59 Given Given Council Present: Council Absent: City Clerk: Others Present: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 4, 2002 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 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. REGULAR MEETING -7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Mayor Thomas INVOCATION - Pastor Dane Counts, Kings Way Church 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; Ron Nault, Director of Finance; Tim Serlet, Director of Public Works; Elizabeth Binsack, Director of Community Development; Steve Foster, Chief of Police; Doug Anderson, Senior Project Manager; Joe Meyers, Administrative Services Manager; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Patrick Sanchez, Director of Minutes - City Council March 4, 2002 - Page i I II[I T -11' · None Presented Bob Machado Tustin, CA Bob Wehn Tustin, CA Allan Browning Tustin, CA Various speakers Kimbedy Conroy Tustin, CA 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. 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 code 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 hearing 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 Drive): Minutes- City Council March 4. 2002- Page 2 Approved 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. Carletta, Tustin, CA Thomas Lynch, Tustin, CA Raymond Jaycie, Tustin, CA There were no other speakers and the public hearing was closed at 8:55 p.m. Kevin Robinson, attomey 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 Worley, seconded by Doyle, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. APPROVAL OF MINUTES - FEBRUARY 19, 2002 REGULAR MEETING Minutes - City Council March 4, 2002 - Page 3 600-20 I IIII T ~ - · Approved Adopted Resolution No. 02-26 Adopted Resolution No. 02-25 Approved alternative No. 2 4-1, TK opposed Appointed Friend and Moore to Audit; Eckman, Hovland and Murray to Parks and Recreation Commission; and Jennings and Denny to Planning Commission 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 ratifl/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 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 alternative 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 Worley, to construe the terms of office that were interrupted and expired as of March 21,2001 as 'l:ull 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 carried 4-1, Kawashima opposed. APPOINTMENT OF COMMISSION/COMMI-I-I-EE 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 Minutes- City Council March 4, 2002- Page 4 340-60 920-30 120-50 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 expiring 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 expiring 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: Friend, Moore Friend, Moore Friend, 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 expiring March 1,2006. Adopted "Celebration" 8. program CELEBRATING TUSTIN'S 75 YEARS OF CITY HOOD It was moved by Worley, seconded by Bone, to adopt the "Celebration" program for the City of Tustin to celebrate their 75th anniversary of incorporation. Motion carried 5-0. None SECOND PUBLIC INPUT OTHER BUSINESS 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 Scenario 1. Minutes - City Council March 4, 2002 - Page 5 120-50 120-40 120-10 160-70 ! il 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 COMMISSION/COMMITTEE MEMBERS Councilmember Kawashima congratulated newly appointed commissioners/committee members. MCAS, TUSTIN NEGOTIATIONS Mayor Pro Tern 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. APRIL 1,2002 CITY COUNCIL MEETING Mayor Pro Tem Worley 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 Pride 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 COMMITTEE OF ORANGE COUNTY (VVACO) Councilmember Bone gave a WACO report including January water usage; requested staff give an update on the 17"~ 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. Minutes- City Council March 4, 2002- Page 6 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. ADJOURNMENT - Mayor Thomas adjourned 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. JEFFL¢I~' M(. THOMAS, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council March 4, 2002 - Page 7