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Home My WebLink AboutCC MINUTES 2004 12 06 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA DECEMBER 6, 2004 CALL TO ORDER - 7:02 P.M. ROLL CALL Present: Mayor Tony Kawashima; Mayor Pro Tem Lou Bone; Councilmembers Doug Davert, Tracy Worley Hagen and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: INVOCATION - Jim Kane PLEDGE OF ALLEGIANCE & PRESENTATION OF COLORS - Tustin DeMolay NATIONAL ANTHEM - Lauren E. Cunningham, 2004 Miss Tustin 2002-2004 COUNCIL CONCLUSION PRESENTATIONS to Councilmember Jeffery Thomas Proclamation from the Tustin City Council presented by Mayor Tony Kawashima Certificate of Commendation presented by the Irvine Ranch Water District (IRWD) Resolution presented by 715t District, State Assemblyman Todd Spitzer's office presented by Corey Calaycay . Tustin Chamber of Commerce Proclamation presented by Don Shubin 3rd District, Orange County Board of Supervisor Bill Campbell Proclamation presented by Mark Denney CERTIFICATES/PROCLAMATIONS awarded to Councilmember Jeffery Thomas 70th District, State Assemblyman John Campbell 33rd District, State Senator Dick Ackerman . 48th District, Congressman Christopher Cox City Council Meeting Minutes December 6, 2004 Page 1019 2004-2006 CITY COUNCIL OATHS OF OFFICE Ceremonial Oath of Office administered to Tony Kawashima by Pamela Stoker, City Clerk Ceremonial Oath of Office administered to Lou Bone and Jerry Amante by the Honorable Judge Lance Jensen Ceremonial Oath of Office administered to Pamela Stoker, City Clerk by Tony Kawashima ROLL CALL Present: Jerry Amante, Lou Bone, Doug Davert, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker Absent: City Clerk: MAYOR AND MAYOR PRO TEM SELECTION It was moved by Council member Davert, seconded by Council member Hagen, to nominate Mayor Pro Tem Bone as Mayor. Motion carried 5-0. Mayor Bone thanked residents, city staff, and family for support. Mayor Bone presented plaque of appreciation to past Mayor Kawashima. It was moved by Mayor Bone, seconded by Councilmember Hagen, to nominate Councilmember Davert as Mayor Pro Tem. Motion carried 5-0. PRESENTATION Building Industry Association of Southern California presentation of the "Ruby Slippers" Award presented by Richard Douglass of Centex for accomplishments in addressing important quality of life issues and housing needs of Orange County CLOSED SESSION REPORT - Nothing to Report FIRST PUBLIC INPUT - None PUBLIC HEARING 1. ADOPTING THE 2000 RESOLUTION NO. 04-90 URBAN WATER MANAGEMENT PLAN AND The California Urban Water Management Planning Act, established by State Assembly Bill No. 797, requires urban water suppliers providing water for City Council Meeting Minutes December 6, 2004 Page 2019 municipal purposes to more than 3,000 service connections or supplying more than 3,000 acre-feet of water annually, conduct a public hearing prior to the adoption of an Urban Water Management Plan. The purpose of the Urban Water Management Plan is to achieve conservation and efficient use of water supplies. The proposed plan updates the City's 1995 Urban Water Management Plan Legal Notice published in the Tustin News on November 18 and 25, 2004 The public hearing opened at 8:07 p.m. There were no speakers on the subject and the public hearing was closed at 8:07 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 04-90 - A resolution of the City Council of the City of Tustin, California adopting the City of Tustin 2000 Urban Water Management Plan 2. TENTATIVE PARCEL MAP 2004-256 Tentative Parcel Map 2004-256 is a request to merge two parcels to create one 0.68 acre parcel at the southwesterly comer of Newport Avenue and EI Camino Real for the development of a 7,400 square foot retail building. On November 22, 2004, the Planning Commission recommended that the City Council approve Tentative Parcel Map 2004-256 and approved Design Review 04-023 and Conditional Use Permit 04- 028. (Owners: Makena Great American and City of Tustin Redevelopment Agency; Applicant: Makena Great American.) Legal Notice published in the Tustin News on November 11, 2004 The public hearing opened at 8:09 p.m. There were no speakers on the subject and the public hearing was closed at 8:09 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to approve adopt resolution. Motion carried 5-0. RESOLUTION NO. 04-97 - A resolution of the City of Tustin City Council approving Tentative Parcel Map 2004-256 to merge two parcels to create one parcel 29,733 square feet in area (0.68 acres) located at 14001 and 14011 Newport Avenue and 770 EI Camino Real (APN Nos. 401-641-05 and 401-641-07) located at the southwest corner of EI Camino Real and Newport Avenue City Council Meeting Minutes December 6, 2004 Page 3 of 9 CONSENT CALENDAR - It was moved by Councilmember Hagen, seconded by Council member Amante, to approve Consent Calendar items 3 through 16 as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 15, 2004 Motion: Approve the Regular City Council Meeting Minutes of November 15, 2004. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $408,422.97, $353,321.46 and $956,181.26 and Payroll in the amount of $500,662.53 5. CONSIDERATION OF CLAIM OF JOSE LUIS OJEDA: CLAIM NO. 04-19 Motion: After investigation and review by City Staff and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant. 6. FIREARMS INVENTORY REDUCTION Motion: Authorize the sale of two used duty firearms to two (2) retiring Police Lieutenants per Department of Justice guidelines with proceeds deposited into the General Fund. Payment to be made on behalf of the retirees by Tustin Police Officers Association. 7. 2005 LOCAL APPOINTMENTS LIST Motion: Approve the 2005 Local Appointments List for the Planning Commission, Parks and Recreation Commission, Cultural Resources Advisory Committee and Audit Committee. 8. CANCELLATION OF DECEMBER 20, 2004 COUNCIL MEETING Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of December 20, 2004 and that the City Council hereby waives notice of said meeting as required by the government code. 9. MILLS ACT PROGRAM HISTORIC AGREEMENT FOR 165 SOUTH A STREET PROPERTY PRESERVATION City Council Meeting Minutes December 6, 2004 Page 4 of 9 Motion: Adopt resolution. RESOLUTION NO. 04-99 - A resolution of the City Council of the City of Tustin, California authorizing the City Manager or authorized designee to coordinate, process, and execute the Historic Property Preservation Agreement attached thereto as exhibit 1 with the owners of the property located at 165 South A Street, Tustin, California 10. MILLS ACT PROGRAM HISTORIC AGREEMENT FOR 168 NORTH A STREET PROPERTY PRESERVATION Motion: Adopt resolution. RESOLUTION NO. 04-96 - A resolution of the City Council of the City of Tustin, California authorizing the City Manager or authorized designee to coordinate, process, and execute the Historic Property Preservation Agreement attached thereto as exhibit 1 with the owners of the property located at 168 North A Street, Tustin, California 11. PLANNING ACTION AGENDA - NOVEMBER 22,2004 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of November 22, 2004. 12. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2004/2005 (CIP NO. 7001), AND ANNUAL SIDEWALK REPAIR PROJECT, FY 2004/2005 (PROJECT NO. 402-6235) Motion: 12.a. Adopt resolution; and RESOLUTION NO. 04-93 - A resolution of the City Council of the City of Tustin, California approving plans and specifications for the Annual Major Maintenance Project, FY 2004-2005 (CIP No. 7001), and Annual Sidewalk Repair Project, FY 2004-2005 (Project No. 402-6235), and authorizing advertisement for bids 12.b. Authorize and direct the City Clerk to advertise for bids. City Council Meeting Minutes December 6, 2004 Page 5 of 9 13. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PHASE V REGIONAL TRAIL PROJECT (CIP 7085) Motion: 13.a. Adopt resolution; and RESOLUTION NO. 04-94 - A resolution of the City Council of the City of Tustin, California approving plans and specifications for the Phase V Regional Trail Project (CIP No. 7085) and authorizing advertisement for bids 13.b. Authorize and direct the City Clerk to advertise for bids. 14. PROJECT FUNDING FOR THE MOTOR VEHICLE SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM REGISTRATION Motion: 14.a. Authorize the use of City AB 2766 funds for the Red Hill AvenuelOlwyn Drive Pedestrian Enhancement Project; 14.b. Authorize the use of City AB 2766 funds to offset the cost to purchase two alternative fuel (propane) street sweepers; and 14.c. Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2004/2005 program year as needed. 15. FINAL TRACT MAP 16507 (WL HOMES) On September 15, 2003 the City Council approved Vesting Tentative Tract Map 16507: WL Homes (dba John Laing Homes).for development of 189 residential units including 138 single-family detached units and 51 patio homes in Planning Area 21 of the MCAS-Tustin Specific Plan. The project site is 36.84 acres and is bounded by Edinger Avenue on the north, Harvard Avenue and City of Irvine medium density residential areas on the east, the Peters Canyon Flood Control Channel and Jamboree Road on the west, and Moffett Avenue on the south. Motion: Adopt resolution. RESOLUTION NO. 04-103 - A resolution of the City Council of the City of Tustin approving Final Tract Map 16507 to subdivide 36.84 acres to develop 189 residential units, including 138 single family detached homes and 51 patio homes, within Planning Area 21 of the MCAS Tustin Specific Plan City Council Meeting Minutes December 6, 2004 Page 6 of 9 16. 2003-2004 ANNUAL REPORT - REDEVELOPMENT AGENCY Motion: 16.a. Receive and file an annual report of housing activity for 2003-2004; and 16.b. Direct that a copy of an annual report of housing activity for 2003-2004 and all reporting documentation and forms be filed with the State Controller and State Department of Housing and Community Development. BUSINESS CALENDAR 17. CERTIFICATION OF SUPPLEMENT NO.1 TO THE FINAL EIS/EIR FOR THE DISPOSAL AND REUSE OF THE MARINE CORPS AIR STATION - TUSTIN AND APPROVAL OF THE PROJECT ENTITLED EXTENSION OF TUSTIN RANCH ROAD BETWEEN WALNUT AVENUE AND THE FUTURE ALIGNMENT OF VALENCIA NORTH LOOP ROAD (THE "PROJECT") (CIP NO. 7100) The attached resolutions provide the necessary approvals for the Tustin Ranch Road Extension, Walnut Avenue to Valencia North Loop Road (CIP No. 7100). If adopted by the City Council, Resolution No. 04-76 certifies Supplement #1 to Final EIS/EIR for the Disposal and Reuse of the Marine Corps Air Station - Tustin. Resolution No. 04-77 makes findings, adopts a Statement of Overriding Considerations, adopts a Mitigation Monitoring Reporting Program, and approves the project entitled Tustin Ranch Road Extension - Walnut Avenue to Valencia North Loop Road (the "Project"). Joe Gehley of Tustin spoke regarding process; had concerns regarding height of wall. Public Works Director Serlet responded to comments. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolutions. Motion carried 5-0. RESOLUTION NO. 04-76 - A resolution of the City Council of the City of Tustin, California, certifying the Final EIS/EIR for the disposal and reuse of MCAS Tustin as revised by Final Supplement #1 as complete and adequate pursuant to the California Environmental Quality Act for the project entitled "Extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road" (the "Project") RESOLUTION NO. 04-77 - A resolution of the City Council of the City of Tustin, California, making findings, adopting a statement of overriding considerations, adopting a Mitigation Monitoring and Reporting Program, and approving the project entitled "Extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road" (the "Project") City Council Meeting Minutes December 6, 2004 Page 7 of 9 18. CODE AMENDMENT 04-001 - MASSAGE REGULATIONS ORDINANCE The proposed amendment would provide additional regulations governing massage technicians and establish appeal procedures, including: Require massage technicians to pass the National Certification Examination in Therapeutic Massage and Bodywork (NCE) or pass a City Standardized Massage Technician/Practitioner Test; Exempt chair massage performed by City permitted massage technicians on fully clothed persons at public places; Establish additional appeal provisions for all decisions on permits regulated in Article 3 of the Tustin City Code, including the option to appoint a hearing officer to conduct appeal hearings; and Remove the exemption for athletic trainers. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to introduce and have first reading by title only of ordinance. Motion carried 5-0. ORDINANCE NO. 1289 - An ordinance of the City Council of the City of Tustin, California, amending sections 3141, 3622, 3623, 3625, 3628, and 3731 of the Tustin City Code regarding massage regulations and appeal provisions 19. CONSIDERATION OF PARKS AND RECREATION COMMISSION VACANCY Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen to appoint Henry Nunez to the Parks and Recreation Commission to fill the unexpired term of Ginny Hovland to expire on March 1, 2006. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS 1 COMMITTEE REPORTS Councilmember Amante: Thanked outgoing Council member Jeff Thomas for 12 years of service; and Also thanked the constituents who voted for him to serve on Council. Councilmember Kawashima: Thanked Councilmember Amante for support during his re-election campaign; Congratulated Mayor Bone; and Expressed gratitude to outgoing Councilmember Jeff Thomas for his years of service. City Council Meeting Minutes December 6, 2004 Page 8 of 9 Councilmember Hagen: Congratulated Council member Jerry Amante and Mayor Lou Bone; Commented on results of library grant funds in Sacramento; and Announced the last City Council meeting in December was cancelled. Mayor Pro Tem Davert: Commented on Councilmember Thomas' battle with cancer. Mayor Bone: Thanked voters for re-electing him to Council; Expressed appreciation to audience for participating in the evening's events; and Acknowledged and thanked all the former Council members and Mayors in attendance at the meeting. ADJOURNMENT - 8:45 P.M. - The next regular meeting of the City Council was scheduled for Monday, January 3, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. ~j~ LOU BONE, Mayor ~ City Clerk City Council Meeting Minutes December 6, 2004 Page 9 of 9