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HomeMy WebLinkAbout00 AGENDA 03-02-92AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN MARCH 21 1992 - 7:00 P.M. The City Council meets the f irst and third Monday of each month at 7: 00 p.m. in the City Council Chambers at 300 Centennial Way. This agenda contains a brief general description of each item to be considered. Any person having a question concerning an item may call the City Clerk for clarification. Except as otherwise provided by law, no action shall be taken on any item not appearing in the following agenda. Copies of staff reports pertaining to this agenda are available for public use in the City Council agenda books located in the Police Department and the Tustin Public Library. These same books are also provided for public use in the Council Chambers during the Council meeting. Listening devices for the hearing impaired are available upon request from the City Clerk. Smoking is prohibited in the Council Chambers; however, if you desire to smoke, an outside speaker has been provided. I. CALL TO ORDER/PLEDGE OF ALLEGIANCE II. INVOCATION - The Invocation will be given by Chaplain Brown, Marine Corps Air Station. III. ROLL CALL IV. PUBLIC HEARINGS 1. APPEAL OF AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT 88-8 On November 25, 1991, the Planning Commission approved Amendment No. 3 to Conditional Use Permit 88-8 to reduce required parking spaces for the Oak Tree Plaza center from 273 to 264 and modify site development plans to accommodate a City well site on the property. An appeal has been filed by the owners of the three retail buildings within Oak Tree Plaza. Recommendation: Uphold the Planning Commission's approval of Amendment No. 3 to Conditional Use Permit 88-8 by adopting the following Resolution No. 92-34, as submitted or revised, as recommended by the Community Development Department: RESOLUTION NO. 92-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT 88-8 MODIFYING THE SITE DEVELOPMENT PLANS AND REQUIRED PARKING AT OAK TREE PLAZA LOCATED AT 17582, 17592, 17602 AND 17612 EAST SEVENTEENTH STREET CITY COUNCIL AGENDA PAGE 1 MARCH 2, 1992 2. AMENDMENT -&v THE EAST TUSTIN DEVEi#vPMENT AGREEMENT, AND MODIFICATION TO THE SECTOR 12 CONCEPT PLAN AND APPROVAL OF VESTING TENTATIVE TRACT 14610 The Irvine Retail Properties Company proposes to construct a retail commercial center on a vacant 23.9 acre lot adjacent to the existing Tustin Market Place. The submitted Concept Site Plan for the annex site proposes construction of two major retail anchors (K -Mart and Costco) and accessory retail uses and pad buildings. Recommendation by the Community Development Department: a. Approve the Environmental Determination for the project by adopting the following Resolution No. 92-35: RESOLUTION NO. 92-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) 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 THE AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND VESTING TENTATIVE TRACT MAP NO. 14610 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT b. Approve the Amendment to the East Tustin Development Agreement by having first reading by title only and introduction of the following Ordinance No. 1082: ORDINANCE NO. 1082 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT (EXHIBIT A), AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA C. Approve Vesting Tentative Tract Map No. 14610 by adopting the following Resolution No. 92-36: RESOLUTION NO. 92-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14610 AND A MODIFICATION TO THE EAST TUSTIN SPECIFIC PLAN SECTOR 12 CONCEPT PLAN V. 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 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. CITY COUNCIL AGENDA PAGE 2 MARCH 2, 1992 VI. CONSENT CALENT - All matters listed un 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 - FEBRUARY 18, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 18, 1992. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $890,230.68 and ratify Payroll in the amount of $299,614.29. 3. RELEASE OF MONUMENTATION AND SUBDIVISION WARRANTY BONDS, TRACT 13030 Recommendation: Authorize release of the following bonds related to Tract No. 13030 in the amounts shown: Monumentation No. 5241-2171, $4,800.00; and Subdivision Warranty No. 5241- 2172, $35,913.00 as recommended by the Public Works Department/ Engineering Division. 4. RESOLUTION NO. 92-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING INCLUSION OF ESSENTIAL PUBLIC SERVICES IN THE PROPOSED MARKET INCENTIVES PROGRAM (RECLAIM) OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Recommendation: Adopt Resolution No. 92-37 opposing South Coast Air Quality Management District inclusion of essential public services in the RECLAIM program as recommended by the Community Development Department. 5. PROFESSIONAL SERVICES AGREEMENT FOR THE STREET REHABILITATION AND IMPROVEMENT OF NEWPORT AVENUE BETWEEN WASS STREET AND MCFADDEN AVENUE Recommendation: Approve a Professional Services Agreement with Williamson & Schmid for the topographic survey, mapping and construction staking of Newport Avenue (between Wass Street and E1 Camino Real and between Nisson Road and McFadden Avenue for pavement rehabilitation and improvement design by the City) in the amount of $35,700.00 and authorize execution of the agreement by the Mayor and City Clerk as recommended by the Public Works Department/Engineering Division. 6. RESOLUTION NO. 92-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR STREET REHABILITATION ON RED HILL AVENUE BETWEEN BARRANCA PARKWAY AND WARNER AVENUE, AND TRAFFIC SIGNAL MODIFICATIONS AND INTERCONNECT AT THE INTERSECTION OF RED HILL AVENUE AND WARNER AVENUE Recommendation: Adopt Resolution No. 92-38 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/ Engineering Division. VII. ORDINANCE,FOR INTRODUCTION I. ORDINANCE NO. 1081 - AMENDING CONTRACT WITH PUBLIC EMPLOYEES' RETIREMENT SYSTEM Ordinance No. 1081 will enable the City to amend its contract with CITY COUNCIL AGENDA PAGE 3 MARCH 2, 1992 the Public .nployees' Retirement Sys', to provide a single highest year option and a "two percent at 50" for all sworn employees. Recommendation: Have first reading by title only and introduction of the following Ordinance No. 1081 as recommended by the Administrative Services Department: ORDINANCE NO. 1081 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM VIII. ORDINANCES FOR ADOPTION - None IX. OLD BUSINESS 1. STATUS REPORT - ST. JEANNE DE LESTONNAC SCHOOL PUBLIC RIGHT-OF-WAY ACCESS At a previous City Council meeting, representatives of the St. Jeanne de Lestonnac School raised concerns relating to the school's access to Main Street as it pertains to the current Caltrans I-5 widening project in the vicinity of the school. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 2. BACKSTOPS AT COLUMBUS TUSTIN PARR SOFTBALL FIELDS Staff is researching this matter and will have a report for the - Council at the March 16, 1992 meeting. Recommendation: Receive and file subject report as recommended by the Community Services Department. 3. REQUEST FOR STOP SIGNS OR SPEED BUMPS ON PARKCENTER LANE AT . MARICOPA AND MONTEREY STREETS In response to the subject request from the Maricopa Community Association, the City Council, at their meeting of January 20, 1992, directed staff to prepare a warrant study for Parkcenter Lane at Maricopa and Monterey Streets. Recommendation: Deny the request for stop signs or speed bumps on Parkcenter Lane at Maricopa and at Monterey Street as recommended by the Public Works Department/Engineering Division. 4. ELECTION CAMPAIGN CONTRIBUTION RESTRICTIONS/REVIEW OF DRAFT ORDINANCE AND OTHER RELEVANT STATUTES Pursuant to City Council request, this report addresses a draft ordinance regulating campaign contributions presented to the City Council by resident, Berklee Maughan. Recommendation: Should the City Council desire to proceed in the direction of regulation of campaign contributions, direct the City Attorney prepare an ordinance consistent with the legal principles discussed in the report as recommended by the City Attorney. CITY COUNCIL AGENDA PAGE 4 MARCH 2, 1992 5. COUNTY SUR OF CELLULAR CAR PHONE USE CITY COUNCILS Councilmember Potts had requested a County survey be conducted to determine number of cities that pay for Councilmember use of cellular car phones. Recommendation: X. NEW BUSINESS Pleasure of the City Council. 1. CHAMBER OF COMMERCE REQUEST TO TEMPORARILY ALLOW UNRESTRICTED TEMPORARY SIGNAGE At the February 18, 1992 City Council meeting, Angie Kardashian, representing the Chamber of Commerce requested that the City Council grant temporary sign code exceptions for businesses in Tustin for a twelve month period due to freeway construction and the recession. Recommendation: Pleasure of the City Council. 2. APPOINTMENT TO SOUTH COAST AIR QUALITY MANAGEMENT BOARD Councilmember Prescott requested that the City Council consider the Tustin Chamber of Commerce's position that Yorba Linda City Councilmember Henry Wedaa should not be reappointed to the South Coast Air Quality Management Board (SCAQMD). Recommendation: Pleasure of the City Council. 3. WATER FUND DEBT SURCHARGE Councilmember Edgar has requested that the City Council consider reducing the existing water debt surcharge by five percent (5%). The current bi-monthly surcharge is $4.75 for a 5/8 -inch meter (typical residential meter). Recommendation: Pleasure of the City Council. 4. STATUS REPORT ON THE CAPITAL IMPROVEMENT PROJECT TO INSTALL EMERGENCY VEHICLE PRE-EMPTION AT CERTAIN TRAFFIC SIGNAL LOCATIONS The installation of an Emergency Vehicle Traffic Signal Pre- emption System had been planned for various congested intersections adjacent to the existing freeways. Recommendation: Remove the Emergency Vehicle Traffic Signal Pre- emption System project for various congested intersections from the current Capital Improvement Projects Program as recommended by the Public Works Department/Engineering Division. 5. LANDSCAPE MAINTENANCE AGREEMENT - LAURELWOOD RESIDENTIAL DEVELOPMENT The City recently completed two major projects identified as the - Tustin Ranch Road Interchange at the I-5 Freeway and the extension of Tustin Ranch Road improvement between the I-5 Freeway and Walnut Avenue; and both of these projects are located adjacent to the Laurelwood residential development. CITY COUNCIL AGENDA PAGE 5 MARCH 2, 1992 Recommenda z: Approve the Landscape 1 itenance Agreement with the Laurelwood Homeowners Association ana authorize a supplemental 1991-92 budget appropriation in the amount of $3,000.00 to cover the City's share of the landscape maintenance cost through June 30, 1992, as recommended by the Public Works Department/ Engineering Division. XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 24, 1992 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 February 24, 1992. 2. INVESTMENT SCHEDULE AS OF JANUARY 31, 1992 Investment schedule with maturities, 12 months or less. Recommendation: Receive and f ile subject report as recommended by the Finance Department. XII. PUBLIC INPUT XIII. OTHER BUSINESS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY COUNCIL XIV. CLOSED SESSION The City Council will recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Page vs. City of Tustin and the case numbers are Orange County Superior Court 62-27-43 and U.S. District Court SACV-900010AHS (RWRx) , SACV-90754AHS (RWRx) , and CV-905432JMI (Gx) . XV. ADJOURNMENT The next regular meeting of the City Council is scheduled for Monday, March 16, 1992, at 7:00 p.m. CITY COUNCIL AGENDA PAGE 6 MARCH 2, 1992