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Home My WebLink About00 AGENDA 11-16-98 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN NOVEMBER 16, 1998-7:00 P.M. CALL TO ORDER INVOCATION - Dr. Lloyd Strelow, Peace Lutheran Church PLEDGE OF ALLEGIANCE 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 (ITEM 1) 1, 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-through oil change facility with three service bays, The property is located at 12972 Newport Avenue on the northeast corner of Newport Avenue and Old Irvine Boulevard. Recommendation: Continue this item to the December 7, meeting as requested by the applicant. 1998 City Council CONSENT CALENDAR (ITEMS 2 THROUGH 12) 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. e APPROVAL OF MINUTES- NOVEMBER 2, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 2, 1998. Agenda - City Council November 16, 1998- Page 1 m 4, 1 6m s APPROVAL OF DEl, ,DS AND RATIFICATION OF F .OLL Recommendation: Approve Demands in the amount of $915,616.03 and ratify Payroll in the amount of $386,972.58. AUTHORIZATION OF A CHANGE ORDER FOR PREPARATION OF THE JOINT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (EIS/EIR) FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN Recommendation: (1) Authorize the City Manager to execute an amendment to the Consultant Services Agreement with the firm of HNTB for preparation of the Reuse Plan/Specific Plan and Joint EIS/EIR for the Disposal and Reuse of MCAS Tustin, subject to approval of the City Attorney; and (2) Appropriate $204,830 from unappropriated-1998-99 General Fund reserves as the City's share of the costs for the additional services as recommended by the Assistant City Manager. RESOLUTION NO. 98-99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE SUBJECT HISTORIC PROPERTY PRESERVATION AGREEMENT (EXHIBIT A) WITH THE OWNERS OF THE PROPERTY LOCATED AT 455 WEST THIRD STREET, TUSTIN, CALIFORNIA Recommendation: Adopt Resolution No. 98-99 authorizing the execution of an Historic Property Preservation Agreement (Mills Act Contract) with David and Sandra Rost, the owners of the residence located at 455 West Third Street, as recommended by the Community Development Department. AGREEMENT FOR ROUTE 261 (THE WEST LEG) BETWEEN THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR, AND THE CITIES OF IRVINE AND TUSTIN Recommendation: Authorize the Mayor and City Clerk to execute Caltrans Agreement No. 12-353 regarding the maintenance of those surface streets and City signs within the City of Tustin directing traffic to and from I-5 and Route 261 (the West Leg) as recommended by the Public Works Department/Engineering Division. PROGRESS REPORT: HERITAGE PARK AND FRONTIER PARK/PINE TREE PARK RESTROOM RENOVATION (PROJECT NOS. 400042, 200030, 400034) Recommendation: Receive and file subject report as recommended by Parks and Recreation Services. am RESOLUTION NO. 98-103 - 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. 600137) Recommendation: Adopt Resolution No. 98-103 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 of Faithful Performance Bond not sooner than one year after the date of recordation Agenda - City Council November 16, 1998 - Page 2 m 10. 11. 12. of the Notice of Completion as recommended by the Public Works Department/Water Services Division. AMENDMENTS TO THE CITY OF TUSTIN 457 DEFERRED COMPENSATION PLAN Recommendation: Direct staff to make the following changes to the City of Tustin Deferred Compensation Plan Document effective November 17, 1998: (1) Designate the City as Trustee for the City's Deferred Compensation Plan (Self- Trustee), (2) Index the annual maximum Contribution, (3) Allow for a one-time postponement of beginning payment date elections, and (4) Allow for a one-time distribution of accounts with $3,500 or less that have been inactive for two years as recommended by the Finance Department. RESOLUTION NO. 98-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 15380 SUBDIVIDING 5.011 ACRES INTO TWENTY-FIVE (25.) NUMBERED LOTS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED WEST OF JAMBOREE ROAD BETWEEN TUSTIN RANCH ROAD AND PORTOLA PARKWAY (APPLICANT: RICHMOND AMERICAN HOMES) Recommendation: Adopt Resolution No. 98-95 approving Final Tract Map No. 15380 as recommended by the Community Development Department. PURCHASE OF PROPERTY AT 240 E. THIRD STREET Recommendation: (1) Adopt the following Resolution No. 98-105 approving the environmental determination for the project, and (2) Approve the Agreement to Purchase Real Property at 240 E. Third Street between Walter Clifford Emery and Mary Elizabeth Emery and the City of Tustin, subject to minor modifications by the City Attorney, and authorize the Assistant City Manager to execute all documents as recommended by the Public Works Department/Water Services Division: RESOLUTION NO. 98-105 - A RESOLUTION~ OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE NEGATIVE DECLARATION APPROVED BY CITY COUNCIL ON FEBRUARY 17, 1998 (RESOLUTION NO. 98-14) IS ADEQUATE FOR ACQUISITION OF REAL PROPERTY AT 240 E. THIRD STREET FOR THE MAIN STREET WATER FACILITIES PROJECT. APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PLANNING COMMISSION ACTION AGENDA- NOVEMBER 9, 1998 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 November 9, 1998. Agenda - City Council November 16, 1998 - Page 3 REGULAR BUSINESS . ,TEM 13) 13. ORDINANCE NO. 1207, CULTURAL RESOURCES OVERLAY DISTRICT Ordinance No. 1207 had first reading by title only and introduction at the November 2, 1998 City Council meeting. Recommendation by the City Clerk's office: 1. Have second reading by title only of Ordinance No. 1207. 2. With a roll call vote, adopt the following Ordinance No. 1207: ORDINANCE NO. 1207. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 98-004, AN AMENDMENT TO TUSTIN CITY CODE SECTION 9252j2b RELATED TO RESIDENTIAL DEVELOPMENT STANDARDS IN THE CULTURAL RESOURCES DISTRICT 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 o'n 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 - The City Council shall convene in closed session to confer with the City Attorney regarding pending litigation to which the City is a party: ETRPA, et al. vs. County of Orange, et al., Case No.' S.D. No.. 710121 (consolidated with 710123) on appeal. ' ADJOURNMENT. The City Council will adjourn to a closed session on December 7, 1998, at 5:00 p.m., 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 next regular meeting of the City Council is scheduled for Monday, December 7, 1998, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Agenda - City Council November 16, 1998- Page 4