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Home My WebLink About00 AGENDA 09-21-98 AGENDA COUNCIL REGULAR MEETIK_. CITY OF TUSTIN 'SEPTEMBER 21, 1998- 7:00 P.M. CALL TO ORDER INVOCATION - Father Christopher Heath, St. Cecilia's Roman Catholic Church PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATION - (1) Fire Prevention Week, October 4-10; and (2) Celebration of Youth Month, October PRESENTATION Marketing Program - Council for Urban Economic Development Award for City 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) CODE AMENDMENT 98-03 (ORDINANCE NO. 1204) - CONSIDERATION OF THE CITY OF TUSTIN COMPREHENSIVE SEXUALLY ORIENTED BUSINESS ORDINANCE Code Amendment 98-03 (Ordinance No. 1204) would establish'a comprehensive ordinance related to sexually oriented businesses in the City of Tustin. If adopted, the ordinance would disperse and limit sexually oriented businesses to specified zoning districts; regulate and license sexually oriented businesses, owners and employees; provide additional health and safety regulations for sexually oriented businesses; and repeal the applicable Tustin City Code sections. Agenda - City Council September 21, 1998 - Page 1 Recommendation bv *~,e Community Development Der~,rtment: 1. Open and close the Public Hearing. 2. Adopt the following Resolution No. 98-86 approving the environmental determination for the project: RESOLUTION NO. 98-86- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR ORDINANCE NO. 1204 (CODE AMENDMENT 98-03) RELATED TO A COMPREHENSIVE SEXUALLY ORIENTED BUSINESS ORDINANCE INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 3. Have first reading by title only and introduction of the following Ordinance No. 1204 (Code Amendment 98-03): ORDINANCE NO. 1204. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A COMPREHENSIVE ORDINANCE TO: DISPERSE AND LIMIT SEXUALLY ORIENTED BUSINESSES TO SPECIFIED ZONING DISTRICTS; LICENSE AND REGULATE SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES; PROVIDE ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; AND REPEAL SECTIONS INCONSISTENT THEREWITH CONSENT CALENDAR ( ITEMS 2 THROUGH 14) 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 - SEPTEMBER 8, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 8, 1998. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,157,953.82 and ratify Payroll in the amount of $361,207.62. PLANNING COMMISSION ACTION AGENDA- SEPTEMBER 14, 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 of September 14, 1998. ! OPENING OF THE EASTERN TRANSPORTATION TOLL CORRIDOR, NORTH AND EAST LEGS Recommendation: Receive and file subject report as recommended by the Public Agenda - City Council September 21, 1998 - Page 2 · ! 1 10. 11. Works Department/E~'~eering Division. RESOLUTION NO. 98-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 15574 TO ELIMINA-I:E FOURTEEN (14) PLANNED RESIDENTIAL UNITS AND DEVELOP A COMMUNITY RECREATION FACILITY AT 2834 BALLESTEROS DRIVE WITHIN THE VENTURANZA DEL VERDE PROJECT (APPLICANT: REILLY HOMES, INC.) Recommendation: Adopt Resolution No. 98-85 approving Final Tract Map No. 15574 as recommended by the Community Development Department. PROGRESS REPORT:. CEDAR GROVE PARK AND HERITAGE .PARK (PROJECT NOS. 400041 AND 400042) Recommendation: Receive and file subject report as recommended by Parks and Recreation Services. ' ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 15428 (VIDORRA) Recommendation: Accept all public improvements within Tract No. 15428 and authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 24-003-364, $37,000.00; Labor and Materials Bond No. 24-003-364, $18,500.00; and Monumentation Bond No. 24-003-366, $6,000.00 as recommended by the Public Works Department/Engineering Division. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 14188 (SAN MARCOS AND SAN RAPHAEL) Recommendation: Authorize release of the following Monumentation Bond for Tract No. 14188 for the indicated amount: Monumentation Bond No. 111-328.5- 1616, $19,000.00 as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 9~~- 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 BAKER PIPELINE BLOW-OFF EXTENSION TO STORM DRAIN - JAMBOREE ROAD 1625' + SOUTH OF PIONEER ROAD (PROJECT NO. 700077) ,~:~ . Recommendation: Adopt Resolution 'No. 98~'3'acc~'ting said work as cOmplete, authorizing the recordation of the Notice of Completion, and directing the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five 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 the recordation of the Notice of Completion as recommended bY the Public Works Department/Engineering Division. RESOLUTION NO. 98-84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR CEDAR GROVE PARK (PROJECT NO. 400041) Agenda - City Council September 21, 1998 - Page 3 12. 13. 3.4. Recommendation: '-'opt Resolution No. 98-84 accc'"'ing said work as complete, authorizing the re, ation of the Notice of Comr. ~n, and directing the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five day. s -~i:ter 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 the recordation of the Notice of Completion as recommended by Parks and Recreation Services. PROPOSED PROSECUTION SERVICES AGREEMENT WITH THE DISTRICT ATTORNEY Recommendation: Approve a Prosecution Services Agreement with the District Attorney as recommended by the Assistant City Manager. DENIAL OF' CLAIM NO. 98-27, CLAIMANT: RHONDA THORSTAD-CURTIS 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. DENIAL OF CLAIM NO. 98-28, CLAIMANT: CAROLINE LOFTUS 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 ( ITEMS 15 THROUGH 16) 15. ORDINANCE NO. 1206, CODE AMENDMENT 98-003(B)- MEDICAL OFFICE PARKING RATES AND JOINT-USE PARKING Ordinance No. 1206 had first reading by title only and September 8, 1998 City Council meeting. introduCtion at the Recommendation by the City Clerk's office: 1. Have secOnd reading by title only of Ordinance No. 1206. 2. With a roll call vote, adopt the following Ordinance No. 1206: ORDINANCE NO. 1206. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 98-003(B), AN AMENDMENT TO TUSTIN CITY CODE SECTIONS 923168, 9232c2f, AND 934f3b5 RELATED TO MEDICAL OFFICE PARKING RATES, AND ADDING SECTION 9271aa RELATED TO JOINT-USE PARKING 16. TUSTIN HIGH SCHOOL TILLER TRICK OR TREAT FUNDING REQUEST The Associated Student Body at Tustin High School is seeking a contribution of $2,500 to cover costs of implementing the "Tiller Trick or Treat" event on October 31, 1998. Agenda - City Council September 21, 1998 - Page 4 Recommendation: P, are of the City Council. 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 - The City Council shall convene in closed session to confer with the City Attorney regarding pending litigation to which the City is a party: El Toro Reuse Planning'~A-ge'ncy, et.al, vs. Board of Supervisors for the County of Orange, Case No. 710121 (San Diego Superior Court); and to confer with their negotiators regarding the terms and conditions of real property acquisition pursuant to Government Code Section 54956.8. The real property and pertinent facts are: 240 Third Street, Tustin; parties are City of Tustin and Walter and Marilyn Emery & Associates. ADJOURNMENT. The next regular meeting of the City Council is scheduled for Monday, October 5, 1998, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council September 21, 1998 - Page 5