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Home My WebLink AboutCC MINUTES 2001 05 21 MINUTES CITY COUNCIL REGULAR MEETING CITY OF TUSTIN MAY 21,2001 7:02 p.m. Given Given Council Present: Council Absent: Others Present: Presented Stephen Melvin 663 Ambrose Lane Tustin Erin Nielsen 1462 Oxford Tustin CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Mayor Worley ROLL CALL Tracy Wills Worley, Mayor; Jeffery Thomas, Mayor Pro Tem; Counciimembers Lou Bone, Mike Doyle and Tony Kawashima None William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffery, City Attorney; Ronald A. Nault, Finance Director; Elizabeth Binsack, Director of Community Development; Arlene Marks, Director of Human Resources; Tim Serlet, Director of Public Works, Pat Sanchez, Director of Parks & Recreation; Fred Wakefield, Police Captain, George Jeffries, City Treasurer; Dana Kasdan, Engineering Services Manager, Doug Anderson, Senior Project. Manager; Karen Peterson, Senior Planner; Minoo Ashabi, Associates Planner, Scott Reekstin, Senior Planner, Beverley White, Chief Deputy City Clerk; and approximately 100 in the audience. PROCLAMATION - Tustin Pride PostedEssay Contest Winners - Lydia Bai, Derek Bangs, Brandie Bouck, Derek Bove, Lindsey Gorman, Lauren Reeves, Paulina Tran, Tracey Tran; Former Audit Committee Members- Walt Sullens, Sheldon Weiner; and Former Parks and Recreation Commission Member- Elwyn Al Murray PUBLIC INPUT Asked that everyone remember veterans and current armed forces employees for their service to our country especially during Memorial Day. Noted neighborhood parking problems during street sweeping days and asked for assistance in resolving the issue; and she commended Council for their actions regarding the Tustin Reuse Plan. Greg Esslair 15482 Pasadena Ave. #99 Tustin Adopted ResolUtions No. 01-52 and 01-53 Questioned what was happening with negotiations with the Santa Ana Unified School District regarding the base and asked Council to rethink their position on the Tustin Reuse Plan. PUBLIC HEARING (ITEMS 1 THROUGH 5 ) 1. TENTATIVE TRACT MAP 15993 Ellizabeth Binsack, Director of Community Development, reported that staff had received a phone call from a resident on Lemon Heights Drive indicating she had not received a public hearing notice on this matter. Staff faxed a copy of the proposal to the resident and received no further comments or concerns from her. Minutes- City Council May 21, 2001 - Page 1 Adopted Resolutions No. 01'-54 and 01-55; and introduced Ordinance No. 1237 . Mayor Worley opened the Public Hearing at 7'33 p.m. The following member of the audience spoke in favor of Tentative Tract Map 15993: Thomas Olson, 15826 Alton Parkway, Ir vine There were no other speakers on the subject and Mayor Worley closed the Public Hoadng at 7:40 p,m, · It was moved by Thomas and seconded by Kawashima to adopt the following Resolution No, 01-52 approving the Final Negative Declaration for the project: RESOLUTION NO. 01-52- A RESOLUTION OF THE CITY CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE TRACT MAP 15993 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 600-70 Motion carried §-0. It was moved by Thomas and seconded by Kawashima to adopt the following Resolution No, 01-53. approving Tentative Tract Map 15993' RESOLUTION NO. 01-53- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN., CALIFORNIA, APPROVING TENTATIVE TRACT MAP 15993 TO SUBDIVIDE AN 18.95-ACRE LOT INTO TWENTY-TWO (22) NUMBERED LOTS AND FOURTEEN (14) LETTERED PARCELS FOR DEVELOPMENT OF TWENTY-TWO (22) ESTATE DENSITY RESIDENCES 600-70 Motion carried 5-0. CODE AMENDMENT 01-001 -SPECIALTY STORES Mayor Worley opened the Public Hearing at 7:42 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas and seconded by Doyle to adopt the following Resolution No. 01-54 approving the Final Negative Declaration for the project: RESOLUTION NO. 01-54- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 01-001 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas and seconded by Doyle to introduce and have first reading by title only of Ordinance No. 1237 approving Code Amendment 01-001' Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1237 by title only: 610-20 610-20 ,, 610-20 Minutes-City Council May 21, 2001 - Page 2 Adopted Resolution No. 01-56 and introduced Ordinance No. 1238 . ORDINANCE NO. 1237- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 01-001 TO: 1) AMEND ARTICLE 9, PART 9, SECTION 9297 OF THE TUSTIN CITY CODE TO INCLUDE A DEFINITION FOR "SPECIALTY STORES," 2)AMEND SECTIONS 9232(b) (y), 9233(c)(ee), 9234(c)(13), 9235(0)(hh), 9242(b)(h) TO' ADD "SPECIALTY STORES" AS CONDITIONALLY PERMITTED USES WITHIN THE RETAIL COMMERCIAL (01), CENTRAL COMMERCIAL (02), HEAVY COMMER- CIAL (C-3), COMMERCIAL GENERAL (CG), .AND INDUSTRIAL (M) DISTRICTS; 3) AMEND SECTIONS 9232b(p), 92330(v), 9234o(10), 9235c(dd), 9242b(g)TO EXEMPT SPECIALY STORES FROM THE DISTANCE SEPARATION REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES WITHIN THE RETAIL COMMERCIAL (O-1), CENTRAL COMMERCIAL (C-2), HEAVY COMMERCIAL (C-3), COMMERCIAL GENERAL (CG), AND INDUSTRIAL (M)ZONING DISTRICTS It was moved by Thomas and seconded by Kawashima to adopt the following Resolution 01-55 amending Alcoholic Beverage Sales Establishment Guidelines: RESOLUTION NO. 01-55- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ALCOHOLIC BEVERAGE 610-20 SALES ESTABLISHMENT GUIDELINES TO INCLUDE A DEFINITION FOR "SPECIALTY STORES" AND RECOMMENDED CONDITIONS OF APPROVAL Motion carried 5-0. CODE AMENDMENT 01-002 - SIDE AND REAR YARD SETBACK FOR HISTORIC STRUCTURES Mayor Worley opened the Public Hearing at 7:47 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas and seconded by Doyle to 670-95 adopt the following Resolution No. 01-56 approving the Final Negative Declaration for the project: RESOLUTION NO. 01-56- A RESOLUTION OF THE CITY · CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 01-002 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas and seconded by Doyle to Introduce and have first read!ng by title only of Ordinance No, 1238. Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1238 by title only: ORDINANCE NO, 1238- AN ORDINANCE OF THE 610-20 670-95 670-95 Minutes- City Council May 21,200~ - Page 3 Adopted Resolutions No. 01-57 and 01-58; and introduced Ordinance No. 1239. , CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 01- 002, AN AMENDMENT TO ARTICLE 9, SECTION 9271 OF THE TUSTIN CITY CODE TO ALLOW ADDITIONS TO HISTORIC RESIDENTIAL STRUCTURES LISTED ON THE CITY'S HISTORIC RESOURCES SURVEY TO MAINTAIN THE EXISTING SIDE OR REAR YARD SETBACK OF THE ORIGINAL STRUCTURE IF THE REQUIREMENTS OF THE UNIFORM BUILDING CODE CAN BE MET AND EMERGENCY ACCESS CAN BE MAINTAINED GENERAL PLAN AMENDMENT 99-002 AND ZONE CHANGE 99-003 Mayor Worley opened the Public Hearing at 8'00 p.m. .The following member of the audience spoke in favor of General Plan Amendment 99-002 and Zone Change 99-003' Roger Davila, American Senior Living representative There were no other speakers on the subject and Mayor Worley closed the Public Hearing at 8:03 p.m. it was moved by Thomas and seconded by Kawashima to adopt the following Resolution No. 01-57 adopting the Final Negative Declaration as adequate for General Plan Amendment 99-002 and Zone Change 99-003: RESOLUTION NO. 01-57- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 99-002 AND ZONE CHANGE 99-003, AS. REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. 610-60 615-20 It was moved by Thomas and seconded by Kawashima to adopt the following Resolution No. 01-58 approving General Plan Amendment 99-002 to change the land use designation from Public and Institutional to High Density Residential for the development of a 54-unit senior affordable housing project: RESOLUTION NO. 01-58- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 99-002 AMENDING THE GENERAL PLAN LAND USE DESIGNATION FROM PUBLIC/INSTITUTIONAL TO HIGH DENSITY RESIDENTIAL ON A 1.82-ACRE VACANT LOT LOCATED AT 1101 SYCAMORE AVENUE Motion carried 5-0. It was moved by Thomas and seconded by Bone to introduce and have first reading by title only of Ordinance No. 1239. Motion carried 5-0. Pamela Stoker, City Clerk, read the following 610-60 615-20 610-60 615-20 Minutes - City Council May 21, 2001 - Page 4 Continued to the June 18, 2001 Council meeting Approved Ratified Approved Approved Ordinance No. 1239 by title only: ORDINANCE NO. 1239- AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 99-003, AMENDING THE ZONING DESIGNATION ON A 1.82 ACRE'S VACANT LOT LOCATED AT 1102 SYCAMORE AVENUE FROM SUBURBAN RESIDENTIAL (R-4) DISTRICT TO MULTIPLE FAMILY RESIDENTIAL (R-3) DISTRICT . AMENDMENT TO THE TUSTIN CITY CODE RELATED TO DEVELOPMENT STANDARDS FOR DRIVE WAYS AND SITE ACCESS WITHIN ALL ZONING DISTRICTS It was moved by Doyle and seconded by Thomas to continue .Code Amendment No. 00-01 to the June 18, 2001 City Council meeting. Motion carried 5-0. 600-95 CONSENT CALENDAR (ITEMS 6 THROUGH 18 ) Items No. 6 and 12 were removed from the Consent Calendar by Councilmember Bone. It was moved by Thomas and seconded by Doyle to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation' Approve Demands in the amount of $1,999,998.20 and ratify Payroll in the amount of $539,986.40. 380-10 360-82 . PLANNING COMMISSION ACTION AGENDA-MAY 14, 2001 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 14, 2001. 120-50 , CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE SERVICES FOR GENERAL FUND AREAS WITH LANCO LANDSCAPE MANAGEMENT, INC. Recommendation: Approve.the first amendment to the contract Agreement between Lanco Landscape Management, Inc, and the City of Tustln for landscape maintenance services subject to City Attorney approval as recommended by the Public Works Department/Field Services Division. 400-45 10, CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE SERVICES FOR ASSESSMENT DISTRICT AREAS WITH TRUGREEN LAND CARE Recommendation: Approve the first amendment to the contract Agreement with TruGreen Land Care extending the Agreement for landscape maintenance services for the Assessment District areas for the period from July 1,2001 to June 30, 2002, subject to City Attorney approval as recommended by the Public Works Department/Field 400-45 Services Division. Minutes- City Council May 21, 2001 - Page Adopted Resolution No. 01-51 Adopted Resolution No. 01-50 Received and filed Approved Adopted Resolution No. 01-48 Approved Approved 11. 13. 14. 15. 16. 17. 18. RESOLUTION NO. 01-51 -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. 01-51 authorizing the City to purchase office furniture for the Public Works Department through the State of California General Services Department furniture contract for Steelcase furniture as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 01-50- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE PAVEMENT REHABILITATION OF JAMBOREE ROAD FROM 1350 FEET NORTH OF TUSTIN RANCH ROAD TO 2750 FEET NORTH OF TUSTIN RANCH ROAD (CIP NO. 7171) Recommendation: Adopt Resolution No. 01-50 approving the plans and specifications for the pavement rehabilitation of Jamboree Road from 1350 feet north of Tustin Ranch Road to 2750 feet north of Tustin Ranch Road (CIP No. 7171 ), and authorizing and' directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 380-65 400-45 SURPLUS EQUIPMENT SALES REPORT Recommendation' Receive and file as recommended by the Public Works Department/Field Services Division. 380-60 AWARD OF CONTRACT FOR FOOTHILL RESERVOIR REPAIRS (ClP NO. 6113) ......... Recommendation' Award the contract for the Foothill Reservoir repairs (ClP No. 6113) to DenBoer Engineering & Construction, Inc., of Palm Springs, California in the amount of $469,145' and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Water Services Division. 400-45 RESOLUTION NO. 01-48- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, .CALIFORNIA, AUTHORIZING THE ASSIGNMENT OF HUD SUPPORTIVE HOUSING PROGRAM GRANTS CA16B961326 AND CA16B802004 PERTAINING TO THE FORMER MCAS TUSTIN Recommendation' Adopt Resolution No. 01.48 authorizing the City Manager or designee to execute the requisite grant agreements between the City of Tustin and HUD and/or County of Orange to provide federal SHP grant funds for use in the rehabilitation or new construction of transitional housing at the former MCAS, Tustin as recommended by the Redevelopment Agency staff. 650-40 CLAIM OF PIERRE CHAN; CLAIM NO. 01-24 Recommendation' Reject the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys as recommended by the City Attorney. 180-10 CLAIM OF HECTOR ARELLANO; CLAIM NO. 01-19 Recommendation' Reject the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys as recommended by the City Attorney. 180-10 Minutes-City Council May 21, 2001 - Page 6 Approved, as corrected Approved Adopted Ordinance No. 1236 Set Budget Workshop for July 2, 2001 at 5 p.m. None I]"EMS REMOVED FROM CONSENT CALENDAR . APPROVAL OF MINUTES- MAY 7, 2001 REGULAR MEETING AND MAY 15, 2001 SPECIAL MEETING Councilmember Bone requested on Other Business, page 6, that Vincent School be changed to Benson School. It was moved by Bone and seconded by Thomas to approve the Minutes of May 7, 200t Regular Meeting, as corrected, and the Minutes of May 15, 2001 S'pecial Meeting. Motion carried 5-0. 12. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENTS FOR FIRST STREET, LA COLINA LANE, SKY LANE, GERSON PLACE AND THIRD STREET (CIP NO. 6t45) Councilmember Bone stated the staff report indicated the Iow bid was 2.6% above the engineer's estimate and questioned if it should read 2.6% below the engineer's estimate. Tim Serlet, Director of Public Works, responded it should read below the engineer's estimate. It was moved by Bone and seconded by Doyle to approve the award of contract for water main replacements for First Street, La Colina Lane, Sky Lane, Gerson Place and Third Street (CIP NO. 6145). Motion carried 5-0. REGULAR BUSINESS (ITEMS 19 THROUGH 20) 19. ORDINANCE NO. 1236- AMENDING CITY CODE SECTION 5331N TO DESIGNATE CLOVERBROOK DRIVE FOR PARKING BY PERMIT ONLY It was moved by Bone and seconded by Thomas to have second reading by title only of and adoption of Ordinance No. 1236. Motion carried 5-0 (roll call vote). Pamela Stoker, City Clerk, read the following Ordinance No. 1236 by title only: ORDINANCE NO. 1236- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN .CITY CODE SECTION 5331N TO DESIGNATE CLOVERBROOK DRIVE FOR PARKING BY PERMIT ONLY 20. BUDGET WORKSHOP Council concurred to set the Budget Workshop for Monday, July 2, 2001, at 5 p.m. PUBLIC INPUT 400-45 770-15 330-50 OTHER BUSINESS Minutes-City Council May 21, 2001 - Page 7 ADJOURNMENT IN MEMORY OF JOHN SAUAERS Councilmember Doyle requested adjourning the meeting in memory of John Sauers. AT&T Councilmember Doyle stated he had received numerous complaints about AT&T service and requested an AT&T representative attend a future Council meeting to address complaint issues. VILLAGE OF HOPE Councilmember Doyle commented on the over 350 volunteers who assisted in painting and repairs at the Village of Hope. SOUTHERN CALIFORNIA EDISON Councilmember Doyle noted that Edison bills were retroactive to March l~t with a 56% increase and that Edison could predict where rolling blackouts would occur but the'public would not be informed. GOVERNOR VISIT Councilmember Bone stated that Senator John Campbell had invited the governor to visit Tustin on May 30th. ALEX CENTER Councilmember Bone said he and the Mayor had attended the opening of the Alex Center, the first school for brain damaged children on the west coast. TEACHERS OF THE YEAR Councilmember Bone noted the Tustin Schools Foundation had selected Teachers of the Year. PRENTICE SCHOOL Councilmember Bone stated he had attended the Prentice School dedication ceremony. SANITATION DISTRICT Councilmember Kawashima reported that if the Sanitation District was found at-fault of on-shore pollution, it could result in increased taxes. FOOTHILL HIGH SCHOOL PROGRAM Councilmember Kawashima stated he had attended a Foothill High School program put on by the CHP called "Every 15 Minutes" which focused on drinking and driving. EXCHANGE CLUB Councilmember Kawashima noted his attendance at an Exchange Club dinner and their recent opening, and said they had presented the City with a plaque for flying the flag at City Hall. GREAT PARK IN EL TORO Councilmember Kawashima commented on a fax he received regarding a Great Park at El Toro and that the ad agency was asking for the City's support of the park. FARMERS MARKET Councilmember Kawashima stated a citizen had suggested moving the Farmers Market Minutes- City Council May 21, 2001 - Page 8 operating hours [o coincide with the summer Concerts in the Park. CHILI COOK-OFF Mayor.Pro Tem Thomas reminded everyone that the Chili Cook-Off would be held on June 3, 2001. MOVIE "PEARL HARBOR" Mayor Pro Tem Thomas said that the new movie "Pearl Harbor" had partially been filmed at MCAS Tustin. GROVVTH MANAGEMENT AREA 7 Mayor Worley appointed Councilmember Bone to the Growth Management Area 7 committee. STATE OF THE CITY Mayor Worley invited everyone to the State of the City luncheon to be held on June 1, 2001. CHILl COOK-OFF Mayor Worley invited everyone to the June 3, 2001 Chili Cook-Off. LETTER FROM RESIDENT Mayor Worley stated she had received a letter from a resident who commended the Tustin Today summer brochure and commented on the wonderful variety of free events available to all ages; and that the refurbished Peppertree Park looked great. 4TH OF JULY CONCERT Mayor Worley noted that the 4th of July concer[ event held at Tustin High School was also free to the public. MAYOR ABSENT Mayor Worley said she would be absent from the June 18, 2001 Council meeting. COMMITTEE REPORTS GROWTH MANAGEMENT AREA 7 Councilmember Bone reported that a task force had been formed to solve the problem at 17th Street/SR 55 freeway signal coordination. JOHN WAYNE CORRIDOR CITIES MEETING Councilmember Bone stated he and the City Manager had attended the John Wayne Corridor Cities Meeting and requested a letter from Council be forwarded supporting the Memorandum of Understanding and Environmental Impact Report. CLOSED SESSION - Mayor Worley announced the City Council would convene in closed session to confer with the City Attorney about 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); and (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). ADJOURNMENT- Mayor Worley adjourned the meeting in memory of John Sauers at 8:27 p.m. The next regular meeting of the City Council was scheduled for Monday, June 4, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes-City Council May 21, 2001 - Page 9 PAI~t~ STOKER, (~i-'T'Y ~-L-E'R-~, T"'RACY ~LS ~ORLE~', MAyOI~ Minutes-City Council May 21, 2001 - Page 10