HomeMy WebLinkAbout00 AGENDA 12-07-98 AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF TUSTIN
DECEMBER 7, 1998- 7:00 P.M.
CLOSED SESSION - At 5:00 p.m. in the City Manager's Conference Room, the City
Council shall convene in closed session to confer with special counsel regarding the
initiation of litigation, one (1) case, pursuant to Government Code Section 54956.9 (c);
and to confer with Nick Nichols, the City's labor negotiator, regarding labor negotiations
with the Tustin Police Officers Association, Tustin Police Officers Association
Management Unit, Tustin Police Support Services Association, and Tustin Municipal
Employees Association.
CALL TO ORDER
INVOCATION Mr. Steve Garrison
PLEDGE OF ALLEGIANCE - Tustin Girl Scout Flag Patrol
ROLL CALL
PUBLIC INPUT - At this time members of the public may address the City Council
regarding any items not on the .agenda and within the subject matter jurisdiction of the
City Council (NO ACTION can be taken on off.agenda items unless authorized by law). If
you wish to address the City Council on any matter, please fill out one of the blue forms
located on the speaker's podium and submit to the City Clerk so that your remarks on
the tape recording of the meeting can be attributed to you. When you start to address
the City Council, please state your full name and address for the record. A Public Input
portion is provided both at the beginning and end of the meeting.
PUBLIC HEARING ( ITEMS I THROUGH 5)
CONDITIONAL USE PERMIT 97'028 AND DESIGN REVIEW 97-036 (APPLICANT:
MASROOR BATLA, BATLA FOOD GROUP)
Conditional Use Permit 97.028 and Design Review 97-036 are requests to
demolish a vacant 4,400 square foot bank building and construct a 4,000 square
foot fast food restaurant with drive-thru service within the Ralphs Center at 14601
Red Hill Avenue.
Agenda - City Council December 7, 1998- Page I
1
Recommendation by ..,,¢ Community Development Dep..,.cment:
1. Open and close the Public Hearins.
2. Pleasure of the City Council.
APPEAL OF CONDITIONAL USE PERMIT 98-007 AND DESIGN REVIEW 98-007
(APPLICANT: MICHAEL J. DOBSON, EZ LUBE)
Conditional Use Permit 98-007 and Design Review 98-007 are requests to
construct a 1,472 square foot drive-throush oil chanse facility with three service
bays located at 12972 Newport Avenue on the northeast corner of Newport Avenue
and Old Irvine Boulevard.
Recommendation: Continue this item to the January
meeting as requested by the applicant.
19,
1999 City Council
VESTING TENTATIVE TRACT MAP 15707, ZONE CHANGE 98-004 AND DESIGN
REVIEW 98-002 (APPLICANT: WARMINGTON HOMES)
Vesting Tentative Tract Map 15707 would subdivide a 3.5 acre site into 38
numbered lots and 10 lettered lots for the purpose of constructing 38 single family
residential units on property located at 120-250 Sixth Street. Zone Change 98-
004 would change the zoning from Multiple-Family Residential (R-3) and Central
Business District (C-2P) to Planned Community (PC) and establish Planned
Community District Regulations on the properties known as 120-250 Sixth Street
.and 715-765 El Camino Real. Design Review 98-002 would approve the site and
architecture design of the project.
Recommendation by the Community Development Department:
1. Open and close the Public Hearing.
.
Adopt the following Resolution No. 98-107 approving the environmental
documentation for the project:
RESOLUTION NO. 98-107 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR ZONE CHANGE 98-004, VESTING
TENTATIVE TRACT MAP 15707 AND DESIGN REVIEW 98-002 INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
,
Have first reading by title only and introduction of the following Ordinance
No. 1208 approving Zone Change 98-004 (previously identified as Zone
Change 98.002):
Agenda - City Council December 7, 1998 - Page 2
1
ORDINANCE',...,. 1208- AN ORDINANCE OF , ,-,E CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 98-004 TO
CHANGE THE ZONING FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) AND
CENTRAL BUSINESS DISTRICT (C-2P) TO PLANNED COMMUNITY (PC)
AND ESTABLISH PLANNED COMMUNITY DISTRICT REGULATIONS ON THE
PROPERTIES KNOWN AS 120-250 SIXTH STREET AND 715-765 EL
CAMINO REAL AND DESCRIBED AS ASSESSOR'S PARCEL NO. 401-642-04
OF TRACT 15707
.
Adopt the following Resolution No. 98-108 approving Vesting Tentative
Tract Map 15707:
RESOLUTION NO. 98-108- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP 15707 TO SUBDIVIDE A 3.5 ACRE SITE INTO 38 NUMBERED LOTS
AND 10 LETTERED LOTS FOR THE PURPOSE OF CONSTRUCTING 38.
SINGLE FAMILY RESIDENTIAL UNITS ON PROPERTY LOCATED AT 120-250
SIXTH STREET AND 715-765 EL CAMINO REAL
5. Adopt the following Resolution No. 98-109 approving Design Review 98-002:
RESOLUTION NO. 98-109 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTI'N, CALIFORNIA, APPROVING DESIGN REVIEW 98-002 FOR A
38 SINGLE-FAMILY DETACHED DWELLING UNIT PROJECT TO BE
CONSTRUCTED ON TRACT 15707 LOCATED AT 120-250 SIXTH STREET
VESTING TENTATIVE TRACT MAP 15681 (APPLICANT: BROOKFIELD HOMES)
Vesting Tentative Tract Map 15681 would subdivide a 71.8 acre site for the
purpose of developing 114 single family residential units within the Estate Density
Residential/Hillside District of the East Tustin Specific Plan on Lots 9 and 10 of
Tract. 13627.
Recommendation by the Community Development Department:
1. Open and close the Public Hearing.
.
Adopt the following Resolution No. 98-114 approving the environmental
documentation for the project:
RESOLUTION NO. 98-114. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL
ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE EAST
· TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY
SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA)IS ADEQUATE
TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP
15681 AND APPLICABLE MITIGATION MEASURES HAVE BEEN
Agenda - City Council December 7, 1998 - Page 3
1
.
INCORPORA1 ~__.
QUALITY ACT
AS REQUIRED BY THE CAL.. ORNIA
ENVIRONMENTAL
Adopt the following Resolution No.
Tract Map 15681:
98-115 approving Vesting Tentative
RESOLUTION NO. 98-115 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP 15681 TO SUBDIVIDE A 71.8 ACRE SITE INTO 114 NUMBERED LOTS
AND 34 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 114 SINGLE
FAMILY DETACHED RESIDENTIAL UNITS ON LOTS 9 AND 10 OF TRACT
13627 GENERALLY LOCATED WESTERLY OF THE INTERSECTION OF
PIONEER ROAD AND PATRIOT WAY
CONSIDERATION OF A LEASE WITH THE UNITED STATES OF AMERICA FOR
CERTAIN PROPERTY WHICH INCLUDES BUILDINGS 553 AND 554 AT MCAS
TUSTIN, AND A SUBLEASE BETWEEN THE CITY AND THE ORANGE COUNTY
RESCUE MISSION
Approval is requested for the City to enter into a lease with the Navy for Buildings
553 and 554 at MCAS Tustin for an interim period prior to disposal of the property
by the Federal Government and also to sublease said premises to the Orange
County Rescue Mission.
Recommendation by the Redevelopment Agency staff:
1. Open and close the Public Hearing.
.
Approve the Environmental Determination for the project by adopting the
following Resolution No. 98-112:
RESOLUTION NO. 98-112 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR THE INTERIM LEASE AND SUBLEASE OF
BUILDINGS 553 AND 554, MCAS TUSTIN, INCLUDING REQUIRED FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
.
Approve a Less Than Fair Market Interim Lease between-the United States of
America and the City of Tustin for certain property at MCAS Tustin, which
includes Buildings 553 and 554, and authorize the City Manager or AsSistant
City Manager to execute said Lease with concurrence by the City Attorney.
.
Authorize the City Manager or Assistant City Manager to enter into a Sublease
between the City of Tustin and the Orange County Rescue Mission subject to
approval by the City Attorney of all Sublease documents.
Agenda- City Council December 7, 1998 - Page 4
CONSENT CALENDAR ( ITEMS 6 THROUGH 22)
All matters listed under Consent Calendar are considered routine and will be enacted by
one motion. There will be no separate discussion of these items prior to the time of the
voting on the motion unless members of the Council, staff or public request specific
items be discussed and/or removed from the Consent Calendar for separate action.
1
APPROVAL OF MINUTES- NOVEMBER 16, 1998 REGULAR MEETING
Recommendation: Approve the City Council Minutes of November 16, 1998.
1
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,457,316.10 and ratify
Payroll in the amount of $358,318.53.
el
1999 LOCAL APPOINTMENTS LIST
Recommendation: Approve 1999 Local Appointments
Commission, Parks and Recreation Commission and
recommended by the City Clerk's Office.
List for the Planning
Audit Committee as
J
PLANNING COMMISSION ACTION AGENDA- NOVEMBER 23, 1998
All actions of the Planning Commission become final unless appealed by the City
Council or member of the public.
Recommendation: Ratify Planning Commission Action Agenda - November 23,
1998.
10.
RESOLUTION NO. 98-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING AN APPLICATION TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD FOR A PLAYGROUND COVER AND
SURFACING GRANT
Recommendation: Approve request to apply for a Tire Recycling Grant from the
California Integrated Waste Management Board for playground surfacing at
Peppertree Park and adopt Resolution No. 98-116 tO support the grant request as
recommended by Parks and Recreation Services.
11.
CITY OF TUSTIN RESPONSE TO COUNTY OF ORANGE NOTICE OF
PREPARATION OF DRAFT ENVIRONMENTAL IMPACT REPORT NO. ~75 FOR
THE MCAS EL TORO MASTER DEVELOPMENT PLAN
Recommendation: Authorize staff to forward subject draft response to the
County's Notice of Preparation of an Environmental Impact Report for the Marine
Corps Air Station El Toro Master Plan Development as recommended by the
Redevelopment Agency staff.
12.
PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF FOOTHILL RESERVOIR
IMPROVEMENTS (PROJECT NO. 600113)
Recommendation: Authorize the Mayor and City Clerk, subject to final City
Attorney approval, to execute the Professional Services Agreement with Daniel
Boyle Engineering, Inc. for engineering services for the design of improvements to
Agenda - City Council December 7, 1998- Page 5
13.
14.
15.
16.
17.
the Foothill Reservo,, ds recommended by the Publ,,. Works Department/Water
Services Division.
RESOLUTION NO. 98-101 - A.RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE
ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT FY 1998-99
(PROJECT NO. 4020-6235)
Recommendation: Adopt Resolution No..98-101 approving the plans and
specifications for the Annual Sidewalk and Curb and Gutter Repair Project fiscal
year 1998-99 and authorizing and directing the City Clerk to advertise for bids as
recommended by the Public Works Department/Engineering Division.
RESOLUTION NO. 98-104- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR THE WATER
MAIN REPLACEMENT PROJECT (PROJECT NO. 600138)
Recommendation: Adopt Resolution. No. 98-104 accepting said work and
authorizing the recordation of the Notice of Completion, 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 after the date of recordation
of the Notice of Completion as recommended by the Public Works Department/
Water Division.
WATER LINE RELOCATION FOR SYCAMORE AVENUE IMPROVEMENT PROJECT
BETWEEN NEWPORT AVENUE AND PASADENA AVENUE (CIP NO. 700149),
UTILIZATION OF UNALLOCATED WATER CAPITAL IMPROVEMENT FUNDS
Recommendation: Authorize an appropriation of $40,000 from the Unallocated
Water Capital Improvement Fund to the Capital Improvement Project No. 700149
for 'the relocation of the 8" water main along the northerly side of Sycamore
Avenue between Newport Avenue and Pasadena Avenue as recommended by the
Public Works Department/Engineering Division.
RESOLUTION NO. 98-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE
ANNUAL MAJOR MAINTENANCE PROGRAM, FY 1998-99 (CIP NO. 700001)
Recommendation: Adopt Resolution No. 98-106 approving the plans 'and
specifications for the Annual Major Maintenance Program fiscal year 1998-99 and
authorizing and directing the City Clerk to advertise for bids as recommended by
the Public Works Department/Engineering Division.
RESOLUTION NO. 98-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE
ANNUAL STREET AND ALLEY REPAIR PROGRAM FISCAL YEARS 1998-99
THROUGH 2001-02 (PROJECT NO. 4030.6245)
Recommendation: Adopt ResolutiOn No. 98-113 approving the plans and
specifications for the Annual Street and Alley Repair Program, fiscal years 1998-99
Agenda - City Council December 7, 1998 - Page 6
through 2001-02 anu-~uthorizing and directing the C~yClerk to advertise for bids
as recommended by the Public Works Department/Engineering Division.
18.
AWARD OF CONTRACT FOR CONSTRUCTION OF RAWLINGS RESERVOIR
BOOSTER PUMPING STATION (PROJECT 'NO. 600115)
Recommendation: Award contract for subject project to Schuler Engineering
Corporation of Corona, California, in the amount of $615,086.00 as recommended
by the Public Works Department/Water Division.
19.
AWARD OF CONTRACT FOR THE UNDERGROUND STORAGE TANKS REMOVAL
AND REPLACEMENT PROJECT (CIP NO. 100033)
Recommendation: (1) Award subject contract to Miller Brooks Environmental, Inc.
in the amount of $326,286.30 and authorize the Mayor and City Clerk to execute
the contract documents on behalf of the City, (2) Approve the transfer of
$70,000.00 from the construction phase of the Irrigation System Replacement
Project on Jamboree Road (CIP No. 200038) to subject project in the 1998-99
fiscal year budget, and (3) Authorize City staff to contract with Cardlock Fuels to
provide for the City's fuel needs, beginning January 1, 1999, and continuing until
the completion of construction of this project as recommended by the Public
Works Department/Field Services Division.
20.
DENIAL OF CLAIM NO. 98-33, CLAIMANT: DWIGHT AND JENELLE BEAZLEY
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.
21.
DENIAL OF CLAIM NO. 98-34, CLAIMANT: CHRISTINA WILLIAMS
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.
22.
DENIAL OF CLAIM NO. 98-35, CLAIMANT: SANDRA VANAUKEN
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.
REGULAR BUSINESS (ITEM 23)
23. DECLARING RESULTS OF NOVEMBER 3;, 1998 GENERAL MUNICIPAL
ELECTION/OATHS OF OFFICE
On November 3, 1998, the City's General Municipal Election was held to elect two
Members of the City Council. The Orange County Registrar of voters has certified
the results of that election.
Recommendation by the City Clerk's Office:
.
Adopt the following Resolution No. 98-100 declaring the results and other
such matters as provided by law for the November 3, 1998 General Municipal
Election:
Agenda - City Council December 7, 1998 - Page 7
RESOLUTION h,... 98-:100 - A RESOLUTION OF ,, ~E CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON-NOVEMBER 3, 1998,' DECLARING THE
RESULTS AND OTHER SUCH MATTERS AS PROVIDED BY LAW
2. Have the City Clerk administer the Oaths of Office to newly elected
Councilmembers Tracy Wills Worley and Michael J. Doyle.
PUBLIC INPUT - At this time members of the public may address the City Council
regarding any items not on the agenda and within the subject matter jurisdiction of the
City Council (NO ACTION can be taken on off-agenda items unless authorized by law). If
you wish to address the City Council on any matter, please fill out one of the blue forms
located on the speaker's podium and submit to the City Clerk so that your remarks on
the tape recording of the meeting can be attributed to you. When you start to address
the City Council, please state your full name and address for the record. A Public Input
portion .is provided both at the beginning and end of the meeting.
OTHER BUSINESS - City Manager, City Attorney, City CounCil
COMMITTEE REPORTS- City Council
CLOSED SESSION - None
ADJOURNMENT- The City Council will adjourn to a cloSed session on December 14,
1998, at 5:30 p.m. in the City Manager's Conference Room, to discuss real property
acquisition at' MCAS Tustin and to give negotiation direction to the City's negotiator,
Christine Shingleton; the parties are the City of Tustin, Tustin Community
Redevelopment Agency, and the Federal Government. The discussion will concern price,
terms and conditions. The next regular meeting of the City Council is scheduled for
Tuesday, January 5, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way.
Agenda - City Council December 7, 1998 - Page 8