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HomeMy WebLinkAboutCC MINUTES 1999 06 07 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JUNE 7, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Worley at 7:04 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Tustin Girl Scout Flag Patrol. The Tnvocation was given by Pastor Dane Counts, Kings Way Church. ROLL CALL Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle 3im Potts Thomas R. Saltarelli Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois 3effrey, City Attorney Christine Shingleton, Assistant City Manager George 3effries, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Com. Development Valerie Crabill, Chief Deputy City Clerk Minoo Ashabi, Assistant Planner Karen Peterson, Acting Senior Planner Bettie Correa, Senior Personnel Analyst Approximately 110 in the audience PROCLAMATZON GIRL SCOUT SILVER AWARDS Mayor Worley read and presented proclamations to Girl Scout Silver Award recipients Nicole Bebout, Amanda Brink, 3acqueline Caban, Ana Lopezrevoredo, Natalie McCracken, Erin O'Brien, Laura Pasternack, Caley Richter, Terrie Richter, Stephanie Robbins, Melissa Tom, and Carde Willjams. A Girl Scout Silver Award recipient explained the steps necessary to receive the Silver Award. MOTOR TREND THUNDER HISTORIC ROAD RACES DAY, JUNE 12 Mayor Worley read and presented a proclamation declaring 3une 12, 1999, as Motor Trend Thunder Historic Road Races Day. Dick Bowen, Motor Trend Thunder Historic Road Races Director, thanked Council for the proclamation and staff for their support of the event, and invited the community to attend the races. GUNNERY SGT. CERECKE, BOYS AND GIRLS CLUB MILITARY LIAISON Mayor Worley read and presented a proclamation to Gunnery Sergeant Cerecke for service as the Boys and Girls Club military liaison. CITY COUNCIL MINUTES Page 2, 6-7-99 Gunnery Sergeant Cerecke thanked Council for the proclamation, and thanked Boys and Girls Club and Marine Corps staff for their support. Cliff Polston, Tustin Boys and Girls Club Director, summarized the inception of the military liaison program; commended Sergeant Cerecke for his work on the program; and noted the services provided to area youth by the program. PUBLIC INPUT SENATE BILL 23, ASSAULT WEAPONS Ted Rosenbladt, 1971 Blueberry Way, Tustin, requested Item No. 14, Senate Bill 23, be pulled for discussion. PROPOSED AIRPORT - MARINE CORPS AIR STATION, EL TORO Robert Wehn, ~L8082 Lillian Way, Tustin, stated he opposed the flight patterns at the proposed airport and requested Council take a firmer stance on the proposed El Toro airport. PUBLIC HEARING ( ITEMS 1 THROUGH 2 ) 1. ZONE CHANGE 99-002 AND CONDITIONAL USE PERMIT 99-005 (APPLICANT: MACPHERSON PROPERTIES) Elizabeth Binsack, Director of Community Development, reported the applicant was proposing to "provide banquet facilities as ancillary uses at an existing structure within the Auto Center; the existing facility will be used as an auto museum and showroom; and the Planning Commission recommended approval of the project. Council/staff/MacPherson Properties representative discussion followed regarding banquet facility rentals would be restricted to similar uses; and projected opening date. Hayor Worley opened the Public Hearing at 7:30 p.m. There were no speakers on the subject and the Public Hearing was closed. ]~t was moved by Ports, seconded by Thomas, to adopt the following Resolution No. 99-4:L adopting the Negative Declaration for this project: RESOLUTION NO. 99-41. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 99-002 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. ]~t was moved by Potts, seconded by Thomas, to have first reading by title only and introduction of the following Ordinance No. 1217 approving Zone Change 99-002: ORDINANCE NO. 1217 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 99-002 AMENDING THE EAST TUSTIN AUTO CENTER PLANNED COMMUNITY REGULATIONS TO CONDITIONALLY ALLOW ANCILLARY BANQUET FACILITIES IN THE TUSTIN AUTO CENTER, Motion carried 5-0. It was moved by Ports, seconded by Thomas, to adopt the following P,esolution No. 99-45 approving Conditional Use Permit 99-005: RESOLUTION NO. 99-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPPROVING CONDITIONAL USE PERMIT 99-005 TO ESTABLISH AN CITY COUNCIL MINUTES Page 3, 6-7-99 ANCILLARY BANQUET FACILITY WITHIN AN EXISTING AUTO SALES/MUSEUM AND AUTO REPAIR BUILDING AT 36 AUTO CENTER DRIVE (TUSTIN AUTO CENTER) Motion carried 5-0. 610-60 The City Clerk read Ordinance No. 1217 by title only. 2. UNIFORM FIRE CODE Elizabeth Binsack, Director of Community Development, reported state law required local governments adopt the most recent editions of model construction codes every three years; Council had adopted the Uniform Building Code and a majority of the associated codes correlating to the Building Code, with the exception of the Uniform Fire Code, at a previous meeting; and the Orange County Fire Authority had completed working on Fire Code amendments. Mayor Worley opened the Public Hearing at 7:34 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts, seconded by Thomas, to have first reading by title only and introduction of Ordinance No. 1215. Motion carried 5-0. 460-50 The City Clerk read the following Ordinance No. 1215 by title only: ORDINANCE NO. 1215 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED CHAPTER OF ARTICLE 5 OF THE TUSTIN CITY CODE TO ADOPT THE 1998 CALIFORNIA FIRE CODE AND THE 1997 UNIFORM FIRE CODE AS AMENDED THERETO CONSENT CALENDAR ( ITEMS 3 THROUGH 15 ) Items No. 10, 14, and 15 were removed from the Consent Calendar by Councilmember Potts and Mayor Pro Tem Thomas. Councilmember Ports announced he would abstain from voting on Consent Calendar Item No. 4. Councilmember Saltarelli announced he would abstain from voting on Consent Calendar Items No. 3 and 15 because of his absence from the May 17, 1999 Council meeting and his affiliation with the Tustin Hospital, respectively. It was moved by Doyle, seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - MAY 17, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 17, 1999. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL "" Recommendation: Approve Demands in the amount of $1,083,255.90 and ratify Payroll in ' the amount of $385,986.89. 5. CENSUS 2000 UPDATE Recommendation: Receive and file subject report as recommended by the Community Development Department. 390-85 6. DENIAL OF CLAIM NO. 99-4, CLAIMANT: JULIE HERRON Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. l80-10 7. DENIAL OF CLAIM NO, 99-1, CLAIMANT: KATHY SHOFFEITT CITY COUNCIL MINUTES Page 4, 6-7-99 Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 8. PLANNING COMMISSION ACTION AGENDA- MAY 24, 1999 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of May 24, 1999. 120-50 9. AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF TUSTIN Recommendation: Authorize execution of Amendment No. 2 to Agreement No. C-8-0198 between the Orange County Transportation Authority and the City of Tustin to provide lunch program transportation services until October 31, 1999 as recommended by Parks and Recreation Services. 400-70 11..RESOLUTION NO. 99-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE SYCAMORE AVENUE STORM DRAIN AND BLOCK WALL CONSTRUCTION BETWEEN NEWPORT AVENUE AND SR- 55 FREEWAY (PROJECT NO. 700149) Recommendation: Adopt Resolution No. 99-40 accepting said work as complete and authorize the recordation of the Notice of Completion, subject to concurrence from the Tustin Community Redevelopment Agency, and direct the City Clerk to: (:1) Release the Labor and Materials Bond not sooner than thirty-five (:35) days after the date of recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond not sooner than one year a~cer the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 3.2. RESOLUTION NO. 99-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS Recommendation: Adopt Resolution No. 99-37 authorizing the General Services Department of the State of California to purchase six current model year GMC pick-up trucks on behalf of the City of Tustin as recommended by the Public Works Department/Field Services Division. 380-40 13. RESOLUTION NO. 99-43 - A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCT/ON OF WELL SITE FACILITIES UPGRADES (CITY PROJECT NO. 600077) AND AUTHORIZING RE-ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 99-43 approving plans and specifications and authorizing re-advertisement for subject project as recommended by the Public Works Department/Engineering Division. 400-45 CONSENT CALENDAR ITEM NO 10 - PETERS CANYON HIKING AND RIDING TRAIL Councilmember Potts requested staff monitor and provide updates at two trail locations, the 405 Freeway and east of the 3amboree Road undercrossing; and requested a Council letter to The Irvine Company, County of Orange, and Cities of Irvine and Newport Beach regarding moving forward to complete connection of the trail to the ocean. Council discussion followed regarding the City taking an assertive position to connect and complete the trail. It was moved by Potts, seconded by Thomas, to receive and file subject report. Motion carried 5-0. 920-85 CONSENT CALENDAR ITEM NO. 14 - SENATE BILL 23, ASSAULT WEAPONS The following members of the audience spoke in opposition to Senate Bill 23, Assault Weapons: CITY COUNCIL MINUTES Page 5, 6-7-99 Matt Kenney, Irvine Ted Rosenbladt, 1971 Blueberry Way, Tustin Vincent Burke, Irvine Steve Quon, Long Beach Earle Stephen, 1132 Collins Avenue, Orange 3im Hughes, Tustin Charles Pike, 1162 Appian Way, Santa Aria Patricia Gaunt, Tustin The following member of the audience spoke in favor of SB 23, Assault Weapons: Unidentified speaker Steve Foster, Chief of Police, explained state and federal law regarding assault weapons; summarized Senate Bill 23 including the ban of manufacture and sale of high capacity magazines accommodating more than 10 rounds; and eliminating the availability of after-market sales of high capacity magazines. Council/staff discussion followed regarding California Peace Officers Association and California Chiefs of Police and Sheriffs supported Senate Bill 23; and the bill only addressed mass assault weapons. Mayor Pro Tem Thomas stated that the underlying debate dealt with societal problems not guns; was concerned regarding restricting the right to bear arms; the publids rights were being taken away little by little and questioned whether the results were positive; the government should stay out of the publids lives; believed this was a partisan issue; remarked on Council approving the Police Department carrying AR-15's; opposed sending a letter to the legislature in support of this subject; and stated his concern that other matters such as abortion or immigration, for example, would be the next issues presented to local governments. Mayor Worley said she supported Senate Bill 23; noted the law enforcement associations in support of the Bill; this debate appeared to be a National Rifle Association (NRA) issue; the information presented this evening was not a valid argument in favor of assault weapons; this Bill did not affect self protection in the home; and clarified that the Bill did not address handguns/rifles. Councilmember Doyle commented on the numerous state and federal weapons laws and the lack 'of enforcement of those laws; speakers' comments should not be taken literally; was hesitant about the City becoming involved with this issue; and stressed that this Bill addressed weapons of mass destruction. Councilmember Saltarelli clarified that this legislation was not being enacted at the local level; supported reasonable gun control; Senate Bill 23 was poorly written and needed refinement; using a weapon in a crime demanded a more serious sentence; opposed the Bill as written; and opposed a letter in support of Senate Bill 23. Councilmember Potts remarked on current weapon/magazine restrictions; the accuracy of certain assault weapons; the necessity to restrict assault weapons; he did not believe this was a partisan issue;'he believed mentally ill people were responsible for the recent mass killings; Senate Bill 23 ~"" did not restrict a person from owning an automatic weapon; Senate Bill 23 aligned state law with federal law; 10 round magazines were larger than what police officers carried; and he supported Senate Bill 23. Councilmember Saltarelli reiterated that he would not support Senate Bill 23 as written; a Council letter should be written requesting language clarification in the Bill; and was concerned that Council was not representing Tustin citizens but rather voicing their personal convictions on this matter. It was moved by Ports, seconded by Saltarelli, to authorize the Mayor to send a letter to the Senate Appropriations Committee in support of Senate Bill 23 upon clarification of definitions and restrictions. CITY COUNCIL MINUTES Page 6, 6-7-99 Motion carried 4-1, Thomas opposed. 270-20 CONSENT CALENDAR ITEM NO, 15 - RESOLUTION NO. 99-39 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 99-1 Councilmember Ports questioned the status of the basketball courts on the subject property. William Huston, City Manager, responded that entiUements were necessary if a development project was proposed and the Lot Line Adjustment would not preclude further discussion of the basketball courts. zt was moved by Ports, seconded by Worley, to adopt Resolution No. 99-39 approving Lot Line Adjustment No. 99-1. Motion carried 4-0, Saltarelli abstained. 600-35 Mayor Worley recessed the meeting at 8:37 p.m. The meeting reconvene. ___d at 8:50 p.m. REGULAR BUSINESS ( ITEMS 16 THROUGH 20 ) 16. STATUS REPORT OF THE TUSTIN COMMUNITY FOUNDATION Mayor Worley announced this item was removed from the agenda at the request of the Tustin Community Foundation. 125-45 17. APPLICANTS FOR AUDIT COMMITTEE PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION Council concurred to interview candidates on July 6, 1999, at 5:00 p.m. and cast ballots at · 120-10 120-10 the 3u~y 6, 1999 Council meeting. 120-40 120-50 18. JOINT USE AGREEMENT FOR IMPROVEMENTS TO TUSTIN HIGH SCHOOL BASKETBALL COURTS Pat Sanchez, Director of Parks and Recreation Services, reported this agreement would pay a portion of the rehabilitation cost for the basketball courts at Tustin High School; the courts would be refurbished and some of the back courts and back stops would be replaced; the school district was interested in making major improvements at the courts; the City would pay approximately $15,000 toward the improvements; total project cost was approximately $85,000; and the project should be completed by September 1, 1999. It was moved by Doyle, seconded by Saltarelli, to approve the joint use agreement with the Tustin Unified School District for improvements to the Tustin High School basketball courts. Motion carried 5-Q. 400-l0 19. APPEAL OF CONDITIONAL USE PERMIT 98-022 AND DESIGN REVIEW 98-025 (APPLICANT:JACK STANALAND, PLAZA LAFAYETTE) Elizabeth Binsack, Director of Community Development, reported that after receiving public testimony on the proposed parking lot to the north of Plaza Lafayette, Council continued this item from the May 3, 1999 meeting; public opposition related to noise, light and other potential disturbances emanating from the proposed parking lot; another concern was the implementation of the Tustin Branch Trail between Warren Avenue and Plaza Lafayette; upon Council direction, staff met with the County of Orange to ascertain whether the County intended to implement the trail between Warren Avenue and Plaza Lafayette and if they would indemnify and/or obtain an easement from the property owner; County representatives visited the site and stated they would contact the City with a response; as of this date, no response had been received from the County, however, County counsel was investigating the indemnification issue; as a mitigation measure, the applicant proposed to reduce the number of parking spaces thus reducing the length of the parking lot; the excess C[I'Y COUNC2L MINUTES Page 7, 6-7-99 land would be offered to an adjacent land owner, County, or the railroad; correspondence from the state marshal's office indicated that no structures could be constructed over the pipeline easement; and summarized the conditions of approval. Council/staff discussion followed regarding the pipeline easement; and the applicant had contacted the adjacent property owners concerning the fence, without resolution. The following members of the audience spoke in favor of the Tustin Branch Trail: Jim Meyer, Trails 4 All Carol McCauley, 13591 Saigon Lane, Santa Ana Tom McCauley, 13591 Saigon Lane, Santa Ana Robert Miller, 12741 Charloma Drive, Tustin The following member of the audience spoke in favor of Conditional Use Permit 98-022 and Design Review 98-025 but opposed the proposed new conditions of approval: 3ack Stanaland, Applicant Council/staff/Mr. Stanaland discussion followed regarding on-site security; condition language concerning applicant and County of Orange good faith negotiations regarding the ingress/egress to Plaza Lafayette; capping the fence; and the trail. The following member of the audience spoke in favor of the proposed conditions of approval with added recommendations: Neil Harkleroad ,.., The following member of the audience spoke in opposition to Conditional Use Permit 98-022 and Design Review 98-025: Lou Mallinckrodt, 14141 Stratton Way, Santa Ana Mayor Worley stated that the parking lot was the key issue, not the trail; she would only approve the project if a gate was installed; if a trail was constructed in the future, a gate was necessary; and the community supported a gate and a future trail. Councilmember Doyle stated that pedestrians were not going to walk through weeds to access Plaza Lafayette and until the County committed to the trail a gate was not necessary; the pipeline easement did not affect the proposed project; the applicant had the property rights to build a parking lot; and stated his displeasure with the proposed conditions of approval. Councilmember P0tts suggested the City consider investigating accepting the liability for the sidewalk; the property owner had the right to develop the property with certain restrictions; and raising the height of one fence was cost effective. Councilmember Saltarelli commented on the applicant dedicating properb/; suggested eliminating valet parking at the plaza to mitigate parking problems; stated his concern "', regarding parking lot noise impacts on the adjacent residential neighborhoods; and was opposed to the project as presented. Mayor Pro Tem Thomas remarked on the circulation problem in the plaza; the property owner's right to develop on the property; noted the issues still unresolved; stated he would contact the County regarding resolution of the trail; supported installation of the gate; and encouraged further negotiation between the applicant and adjacent property owners on the proposed project. Council/staff/Mr. Stanaland discussion followed regarding the language in Condition 2.:L2 could be modified; the wall was a requirement between residential and commercial property; wall height; installation of a historical marker on the trail; continuing the item to allow further negotiation; the applicant had contacted the adjacent property owners CITY COUNCIL MINUTES Page 8, 6-7-99 regarding reduction of the parking lot and received no response; the public right-of-way; negotiating in good faith did not mandate the applicant reach an agreement with the County regarding public access across the property; the importance of the property owner and the County negotiating on the public access issue without Council participation; concern with what determines good faith negotiations; Condition 2.12 language modifications to include "if the off-street portion of the Tustin Branch Trail or a public linear park adjacent to the site is established, the property owner shall negotiate in good faith with the County of Orange to provide' public ingress/egress to Plaza Lafayette except the property owner is under no obligation to reach agreement except on terms mutually acceptable to the County and the property owner;" contacting County Supervisor Spitzer; and continuing the matter. It was moved by Ports, seconded by Doyle, to continue this item to the 3uly 6, 1999 Council meeting. Motion carried 5-0. 610-40 20. FISCAL YEAR 1999-2000 BUDGET WORKSHOP It was moved by Ports, seconded by Thomas, to schedule the first budget workshop for 3une 21, 1999, at 5:30 p.m. Motion carried 5-0. 330-50 PUBLIC INPUT- None OTHER BUSINESS CHILI COOK OFF Councilmember Doyle commended staff for an excellent Chili Cook Off event. Councilmember Saltarelli reported that he missed the Chili Cook Off due to attendance at high school graduation ceremonies for his son. Mayor Pro Tem Thomas reported he missed the Chili Cook Off due to illness. Mayor Worley reported the Chili Cook Off had been very successful and well attended with great entertainment. EL TORO TEST FLIGHTS Councilmember Doyle reported that 200 telephone calls were received complaining about noise during the El Toro flight tests within the time periods when no flights were landing or departing. Councilmember Potts commented on the El Toro flight tests; expected an increase in traffic congestion and pollution due to the proposed airport; and expressed his desire that Council take a position on the proposed airport. COMMENDATION - ORANGE COUNTY NEWS CHANNEL Councilmember Doyle commended the Orange County News channel for the live broadcasts of Cal State Fullerton's baseball win over Ohio State. SAFE AND HEALTHY COMMUNITIES INITIATIVE Councilmember Potts reported that Clara Honea was circulating a petition regarding the Safe and Healthy Communities initiative. CITY COUNCIL MINUTES Page 9, 6-7-99 BOYS AND GIRLS CLUB/YOUTH CENTER SUMMER PROGRAMS Councilmember Ports noted that the Boys and Girls Club and the Youth Center would not begin summer programs until 3uly and requested programs begin earlier to coincide with the ending of the school year. TUSTIN HIGH SCHOOL GRAD NIGHT Councilmember Ports reported that parent volunteers were needed to assist with Grad Night at Tustin High School. COUNCIL MEETING Mayor Pro Tem Thomas commented that tonight's Council meeting had been a lesson in free speech and the Constitution. 4TH OF JULY CELEBRATION Mayor Worley clarified that the City's 4m of 3uly celebration would be held on Sunday, 3uly 4, 1999. COMMITTEE REPORTS- None CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding pending litigation, Claim No. 99-3, Hermilo Alonso Duarte and Rafaela Duarte, a copy of the claim can be reviewed in the City Clerk's Office; and regarding pending litigation to which the City was a party, Pashalides v. City of Tustin, et.al., OCSC Case No. 801875. ADJOURNMENT Mayor Worley adjourned the meeting at 10:12 p.m. The City Council scheduled a Budget Workshop on 3une 21, 1999, at 5:30 p.m. The next regular meeting of the City Council was scheduled for Monday, 3une 21, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. CLOSED SESSION STATEMENT Tt was moved and seconded to deny the claim of Hermilo Alonso Duarte and Rafaela Duarte and directed the City Clerk to send notice thereof to the claimant and to the claimant's attorneys. Motion carried 5-0. TRAC~ W~ILLS~WO RLEY, MAYOR, j/ PAMELA STOKER, CITY CLERK