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Home My WebLink About00 AGENDA 09-08-98 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN SEPTEMBER 8, :!.998 - 7:00 P.M. CALL TO ORDER INVOCATION -Mr. Al Enderle PLEDGE OF ALLEGIANCE ROLL CALL YMCA Indian Maidens Hopi Tribe PROCLAMATION - (1) State' Champions, California Cruisers Girls Fastpitch Softball Team, (2) Pacific Bell Community Recognition PRESENTATION - Gold Nugget Award from Dougherty & Dougherty for Tustin Family and Youth Center 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 4) CONTINUED PUBLIC HEARING FOR THE APPEAL OF 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 3,900 square foot fast food restaurant with drive-thru service within the Ralphs Center at 14601 Red Hill Avenue. At the August 17, 1998 City Council meeting, the applicant requested a continuance of the public hearing to allow an opportunity to address public concerns raised at the meeting. Agenda - City Council September 8, 1998 - Page 1 2~ Recommendation' he Community Development 1. Open and close the Public Hearing. 2. Pleasure of the City Council. rtment: CODE AMENDMENT 98-003(B), AMENDMENT TO TUSTIN CITY CODE RELATED TO MEDICAL OFFICE PARKING RATES AND JOINT-USE PARKING (APPLICANT: CITY OF TUSTIN) Code Amendment 98-003(B) would reduce the required parking rates for the first 4,000 square feet of medical office use within a building to standard office rates, and provide a mechanism for joint-use parking to satisfy parking requirements in non-residential developments. Recommendation by the Community Development Department: 1. Open and close the Public Hearing. 2. Adopt the following Resolution No. 98-79 approving the environmental determination for the project: RESOLUTION NO. 98-79- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 98-003(B) INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 3. Have first reading by title only and introduction of the following Ordinance No. 1206 approving Code Amendment 98-003(B): 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 9235f3b5 RELATED TO MEDICAL OFFICE PARKING RATES, AND ADDING SECTION 9271aa RELATED TO JOINT-USE PARKING MCAS-TUSTIN REUSE PLAN CORRECTIONS City Council authorization is needed to permit transmittal of an errata of corrections on the MCAS-Tustin Reuse Plan to the Federal Government. Recommendation by the Assistant City Manager: 1. Open and close the Public Hearing. 2 Acting as the Local Redevelopment Authority for MCAS-Tustin, adopt the Agenda - City Council September 8, 1998 - Page 2 following Resol ~ No. 98-80 approving an err~~ *,o the MCAS-Tustin Reuse Plan and authoi-,~,-ng its submittal to the Departn,..,.,t of Defense: RESOLUTION NO. 98-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND AUTHORIZING TRANSMITTAL OF AN ERRATA TO THE MCAS-TUSTIN REUSE PLAN TO THE DEPARTMENT OF THE NAVY AND THE DEPARTMENT OF DEFENSE 4, CONSIDERATION TO REVOKE CONDITIONAL USE PERMIT 92-014 (RECYCLING FACILITY AT 14551 RED HILL AVENUE- FACILITY OPERATOR, CALIFORNIA RECYCLING ENTERPRISES) Conditional Use Permit 92-014 authorized a bulk recycling facility within the parking lot of 14551 Red Hill Avenue (Ralph's Grocery Company). During its operation, the operators have maintained the facility in violation of numerous conditions of approval. Recommendation by the Community Development Department: 1. Open and close the Public Hearing. . Adopt the following Resolution No. 98-81 revoking Conditional Use Permit 92- 014 which would require the operator to remove the facility within ten (10) days and to restore the site to its original condition: RESOLUTION NO. 98-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT 92- 014 WHICH AUTHORIZED A 340 SQUARE FOOT BULK VENDING RECYCLING FACILITY WITHIN THE PARKING LOT OF THE SHOPPING PLAZA LOCATED AT 14551 RED HILL AVENUE CONSENT CALENDAR (ITEMS 5 THROUGH 16) 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. 5~ APPROVAL OF MINUTES- AUGUST 17, 1998 CITY COUNCIL REGULAR MEETING, AND AUGUST 17, 1998 SPECIAL MEETING OF THE TUSTIN PUBLIC FINANCING AUTHORITY Recommendation: Approve the City Council Minutes of August 17, 1998 and Tustin Public Financing Authority Minutes of August 17, 1998. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,864,379.59 and ratify Payroll in the amount of $354,389.22. · Agenda - City Council September 8, 1998 - Page 3 71 aL 10. 12, PLANNING COMM! ON ACTION AGENDA- AUGU ~4, 1998 All ac~ion~ of the P,~..,ning Commission become fina-,--~,nless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of August 24, 1998. PROJECT FUNDING FOR MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Recommendation: (1) Authorize the use of City AB 2766 funds for the Tustin Commuter Rail Station, and (2) Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 1998-99 program year as needed as recommended by the Community Development Department. RESOLUTION NO. 98-78- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING THE 1998 ELECTRIC UTILITY PROPOSITION NO. 9 Recommendation: Adopt Resolution No. 98-78 opposing the 1998 Electric Utility Proposition No. 9 and direct staff to forward this resolution to the League of California Cities and other organizations deemed appropriate as recommended by the City Clerk's office. BOYS AND GIRLS CLUB VAN DONATION Recommendation: Accept the donation of a van from the Boys and Girls Club of Tustin as recommended by Parks and Recreation Services. RESOLUTION NO. 98-82 - 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 "B" STREET AND "C" STREET RECONSTRUCTION PROJECTS BETWEEN FIRST STREET AND IRVINE BOULEVARD (ClP NOS. 700151 AND 700150) Recommendation: Adopt Resolution No. 98-82 accepting said work as complete and authorize 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/ Engineering Division. CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE SERVICES WITH PLANT CONTROL LANDSCAPE MAINTENANCE, INC. Recommendation: Approve the second amendment to the contract agreement between Plant Control Landscape Maintenance, Inc. and the City of Tustin for landscape maintenance services subject to City Attorney approval as recommended by the Public Works Department/Field Services Division. Agenda - City Council September 8, 1998 - Page 4 13. 14. 15. 16. AUTHORIZATION F ~SSIGNMENT OF CONSULT/~' ~ERVICES (PCR/KOTIN) Recommendation: ~-norize the Assistant City Mana~,.,-Jto execute an assignment of the Consultant Services Agreement with Kotin Mouchly Group Consulting to Planning Consultants Research (PCR)/Kotin as recommended by the Assistant City Manager. DENIAL OF CLAIM NO. 98-19, CLAIMANT: FELIX ZULOAGA 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. RESOLUTION NO. 98-66 - A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE INDUSTRIAL · DISABILITY OF DAVID GORA Recommendation: Adopt Resolution No. 98-66 approving the industrial disability retirement of David Gora as reviewed and approved by the Retirement Review Board.' LEAVE OF ABSENCE- WILLIAM McKEAGUE Recommendation: Grant a leave of absence to William McKeague fOr 90 days as recommended by the Director of Public Works/City Engineer. REGULAR BUSINESS-None 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 next regular meeting of the City Council is scheduled for Monday, September 21, 1998, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council September 8, 1998 - Page 5