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HomeMy WebLinkAboutAGENDA 04-05-93AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN APRIL 5, 1993 - 7:00 P.M. 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE II. INVOCATION - Given by Rev. James Witty, Tustin Presbyterian Church III. ROLL CALL IV. PROCLAMATION - VOLUNTEER CONNECTION DAY, APRIL 17, 1993 V. PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP NO. 92-231, NEWPORT -WARREN PLANNED COMMUNITY The applicant proposes to subdivide property located in the Newport - Warren Planned Community District to create three commercial condominiums so each building could be under separate ownership. Recommendation: Approve Tentative Parcel Map 92-231 by adoption of the following Resolution No. 93-28, as submitted or revised, as recommended by the Community Development Department: RESOLUTION NO. 93-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 92-231 2. APPEAL OF CONDITIONAL USE PERMIT 93-006, 13882 NEWPORT AVENUE On March 8, 1993, the Planning Commission denied a request by Hamid Rashidian for a Conditional Use Permit to authorize a convenience market with no alcoholic beverage sales at 13882 Newport Avenue, Unit D. Recommendation: Adopt the following Resolution No. 93-31 upholding the Planning Commission's denial of Conditional Use Permit 93-006 as recommended by the Community Development Department: RESOLUTION NO. 93-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 93-006, A REQUEST TO ESTABLISH A CONVENIENCE MARKET WITHIN AN Council Agenda 1 April 5, 1993 EXISTING TE, JT SPACE AT THE PROPER 'LOCATED AT 13882 NEWPORT AVENUE, SUITE D 3. ZONE.CHANGE 92-003 (FRONTRUNNER HOMES) The applicant is requesting a Zone Change for a vacant site located on the southerly side of EI Camino Real approximately 450 feet east of Newport Avenue to accommodate the development of a self -serve, coin-operated car wash. Recommendation by the Community Development Department: a. Certify the Negative Declaration as adequate by adopting the following Resolution No. 93-35: RESOLUTION NO. 93-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 92-003, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT b. Have first reading by title only and introduction of the following Ordinance No. 1 105 approving Zone Change 92-003 as submitted or revised: ORDINANCE NO. 1105 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 92- 003, A REQUEST TO AUTHORIZE A ZONE CHANGE OF PROPERTY GENERALLY LOCATED AT THE SOUTHERLY SIDE OF EL CAMINO REAL APPROXIMATELY 450 FEET EAST OF NEWPORT AVENUE FROM CENTRAL COMMERCIAL (C-2) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT VI. 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. VII. CONSENT CALENDAR - 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 Council Agenda 2 April 5, 1993 be discussed and/ emoved from the Consent CL' Jar for separate action. 1. APPROVAL OF MINUTES - MARCH 15, 1993 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 15, 1993. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,204,360.83 and ratify Payroll in the amount of $676,808.46. 3. REJECTION OF CLAIM NO. 93-09 -CLAIMANT, CONSTANCE D'ANGELO; DATE OF LOSS, 9/18/92; DATE FILED WITH CITY, 3/8/93 Recommendation: Reject subject claim for general damages in excess of $25,000.00 as recommended by the City Attorney. 4. RELEASE OF BONDS FOR TRACT NO. 13733 Recommendation: Authorize the release of the following bonds in the amounts indicated: Faithful Performance Bond No. 11127179478, $39,761.25; Labor and Materials Bond No. 11127179478, $39,761.25; Monumentation Bond No. 11127179486, $8,400.00; and Warranty Bond No. 11127179478M, $19,880.00 as recommended by the Public Works Department/Engineering Division. 5. AWARD OF CONTRACT FOR COMMUNITY DEVELOPMENT DEPARTMENT COMPUTER EQUIPMENT Recommendation: Receive and file subject report as recommended by the Community Development Department. 6. FOURTH OF JULY FIREWORKS CONTRACT Recommendation: Authorize the City Manager to execute an'agreement for $8,000.00 with Lantis Fireworks to provide a pyro-musical show for the 1993 Fourth of July celebration as recommended by the Community Services Department. 7. RESOLUTION NO. 93-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR MODIFICATION OF TRAFFIC SIGNALS AND INTERCONNECT AT MAIN STREET & PACIFIC STREET, AT MAIN STREET & "B" STREET, AND AT EL CAMINO REAL AND 6TH STREET Recommendation: Adopt Resolution No. 93-33 approving plans and specifications for the modification of traffic signals and interconnect at specified subject intersections as recommended by the Public Works Department/Engineering Division. 8. AUTHORIZATION TO ADVERTISE FOR BIDS, COLUMBUS TUSTIN GYMNASIUM Recommendation: Approve plans and specifications and authorize Council Agenda 3 April 5, 1993 advertisemi for- bids for Columbus ;tin Park Phase 2B, construction of the gymnasium as recommended by the Community Services Department. 9. AWARD OF CONTRACT FOR THE ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT, FY 1992-93, PHASE TWO; AND THE SIDEWALK, CURB AND GUTTER REPAIR PROJECT, FY 1992- 93, PHASE ONE Recommendation: Award the contract to All American Asphalt, Corona, in the amount of $448,899.47 for subject project as recommended by the Public Works Department/Engineering Division. 10. AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Recommendation: Authorize the City Manager to sign the amendment to the Memorandum of Understanding between the City and the Tustin Municipal Employees Association as recommended by the City Manager. 11. REQUEST FOR FUNDING - REPLACEMENT OVEN COMMUNITY CENTER/ CIVIC CENTER RENOVATION Recommendation: Appropriate $1,500.00 from the Park Development Fund to purchase a replacement oven for the Community Center kitchen as recommended by Community Services Department. 12. REJECTION OF CLAIM NO. 93-08 - CLAIMANT, YOUNG JA CHOI; DATE OF LOSS, 1/18/93; DATE FILED WITH CITY, 2/17/93 Recommendation: Reject subject claim for property damage in the amount of $314.16 as recommended by the City Attorney. 13. RESOLUTION NO. 93-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE WATER MAIN REPLACEMENT ON NEWPORT AVENUE, PHASE ONE, BETWEEN WALNUT AVENUE AND KENYON DRIVE AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 93-34 approving plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/Engineering Division. 14. AWARD OF CONTRACT - CALIFORNIA STREET WIDENING/ RECONSTRUCTION Recommendation: Award a contract to Boral Resources, Inc., in the amount of $41,863.75 subject to the transfer of additional funding in the amount of $13,650.00 from the FY 1992-93 Major Maintenance Program as recommended by the Public Works Department/Engineering Division. Council Agenda 4 April 5, 1993 15. RESOLUTION( 93-32 - A RESOLUTION C HE CITY COUNCIL OF THE CITY OF l USTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF PROJECT DESIGN REQUEST OF NORTH IRVINE/TUSTIN COMMUTER RAIL STATION/PARK-AND-RIDE FACILITY TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM Recommendation: Adopt Resolution No. 93-32 requesting the Orange County Transportation Authority include an additional City of Tustin joint project in the fiscal year 1993-94 five-year Combined Transportation Funding Programs as recommended by the Public Works Department/Engineering Division. 16. AWARD OF CONTRACT FOR SIDEWALK AND ACCESS RAMPS, SB821 PROJECT, FY 1992-93 Recommendation: Award a contract to Grigolla and Sons Construction in the amount of $20,637.20 subject to the transfer of additional funding in the amount of $7,600.00 from the FY 1992-93 Public Works/Field Services Division budget account No. 4030-6235, Sidewalk Construction as recommended by the Public Works Department/ Engineering Division. 17. RESOLUTION NO. 93-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (RE -ROOFING OF TWO MAINTENANCE FACILITY BUILDINGS) Recommendation: Adopt Resolution No. 93-36 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 18. ADA COMPLIANCE JOB ANALYSIS Recommendation: Approve contracting with Creative Management So.lutions to perform job analyses required to update ourjob descriptions to comply with the requirements of Americans with Disabilities Act as recommended by the Administrative Services Department. Vlll. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1107 -SAN DIEGO PIPELINE COMPANY FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS The San Diego Pipeline Company has prepared a new Exhibit which more precisely describes the routes of said pipelines and has requested that the new Exhibit be incorporated into subject ordinance. Council Agenda 5 April 5, 1993 Recommendati Have first reading by title or ;nd introduction of the following Ordina.ice No. 1107 with Exhibit "A' which amends previous Ordinance No. 999 Exhibit "A" as recommended by the Public Works Department/Engineering Division: ORDINANCE NO. 1107 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING EXHIBIT "A" (DESCRIPTION OF PIPELINE ROUTE) OF ORDINANCE NO. 999 OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A FRANCHISE TO SAN DIEGO PIPELINE COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS OF THE CITY OF TUSTIN, CALIFORNIA 2. ORDINANCE NO. 1108 - PICKETING OF PRIVATE HOMES This report is intended to respond to the City Council's recent request for a review of the City's options regarding the prohibition of picketing in front of or around private homes within the City. The City Council's request was prompted by a March 15, 1993, letter from Naomi Hardin, a City resident whose home has become a target for picketing by Operation Rescue and/or the Pro -Life Coalition of Tustin. Recommendation: Pleasure of the City Council. IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. ADOPT CITY OF TUSTIN RESOLUTION NO. 93-30 WATER SYSTEM PURCHASE AND OTHER RELATED ACTIONS This is the final step in the bond issue process, accepting the bids and approving the documents in their new final form. Recommendation: Adopt the following Resolution No. 93-30 as recommended by the Finance Department: RESOLUTION NO. 93-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A TRUST AGREEMENT, INSTALLMENT PURCHASE AGREEMENT AND ESCROW AGREEMENT; ACCEPTING A BID FOR THE PURCHASE OF ITS $11,500,000 WATER SYSTEM REVENUE CERTIFICATES OF PARTICIPATION, 1993 SERIES; REJECTING ALL OTHER BIDS; APPROVING THE FORM OF THE OFFICIAL STATEMENT; AND TAKING CERTAIN RELATED ACTION Council Agenda 6 April 5, 1993 2. TUSTIN TILLS T 'AYS BLUE RIBBON COMMIT I _ At the March 1, 1993 meeting, the City Council authorized the establishment of a Blue Ribbon Committee to study Tiller Days. Recommendation: Appoint a Blue Ribbon Committee to study Tiller Days and provide recommendations to the City Council about the organization of future Tustin Tiller Day events as recommended by the Community Services Department. XI. NEW BUSINESS 1. OPPOSITION TO THE POTENTIAL CLOSURE OF MARINE CORPS AIR STATION, EL TORO On March 12, 1993, Defense Secretary Aspin announced that Marine Corps Air Station, EI Toro had been included on the list of base properties to be considered by Congress for closure and realignment. Recommendation: Formally declare the City Council's opposition to the potential closure of Marine Corps Air Station, EI Toro, and reconfirm their opposition of any re -use as a commercial airport by adoption of the following Resolution No. 93-29: R RESOLUTION NO. 93-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING THE POTENTIAL CLOSURE OF MCAS, EL TORO AND ANY POTENTIAL RE -USE AS A COMMERCIAL AIRPORT 2. COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS) MEMBERSHIP DUES In 1988, 1989, and 1990, the City Council authorized $1,000.00 contributions to the Coalition for a Responsible Airport Solution (CRAS) to defray the costs of a lobbying campaign against the use of MCAS El Toro as a commercial airport. The Chairman of CRAS has again requested each member agency contribute $1,000.00 to support the Coalition's work regarding the future of EI Toro. Recommendation: Pleasure of the City Council. 3. GRAFFITI - CITIZEN TASK FORCE At the City Council meeting of March 15, 1993, Councilmember Puckett suggested the establishment of a citizen task force to explore methodologies to halt the spread of graffiti in the City. Council Agenda 7 April 5, 1993 Recommendat Establish a citizen task force >xplore methods to halt the spread of graffiti in the City; appoint a City council representative to the task force; establish an ad hoc committee to make recommendations to the City Council for membership on the citizen graffiti task force; and support Senate Bill 583, Senator Lewis' Anti -Graffiti Bill as recommended by the Police and Community Development Departments. 4. MISS TUSTIN SCHOLARSHIP PAGEANT The Pageant's Director is requesting a contribution from the City of $1,600.00. Recommendation: Pleasure of the City Council. 5. TUSTIN AREA YOUTH ISSUES COMMITTEE The City Council and Tustin Unified School Board agreed at their recent joint meeting to enter into a Memorandum of Understanding related to youth issues. Recommendation: Ratify the Memorandum of Understanding between the City and the Tustin Unified School District creating the Committee and that the City Council proceed with making its appointments to the Committee as recommended by the City Manager. 6. MOUNTAINEER REFINERY CLEAN-UP City of Tustin participation in the clean-up required by EPA at Mountaineer Refinery for environmental contamination estimated at a cost of $7,000.00. Recommendation: Pleasure of the City Council. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - MARCH 22, 1993 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 March 22, 1993. 2. SPORTS PARK MASTER PLAN UPDATE The City Council has requested regular updates on the progress of the preparation of the Master Plan, working drawings, and bid specifications Council Agenda 8 April 5, 1993 for the Sports k. Recommendation: Receive and file subject report as recommended by the Community Services Department. 3. INVESTMENT SCHEDULE AS OF FEBRUARY 28, 1993 Investment schedule with maturities, 12 months or less. Recommendation: Receive and file subject report as recommended by the Finance Department. 4. STATUS REPORT - ASSESSMENT DISTRICT NO. 85-1 AND NO. 86-2 Status report delineating the status of Assessment District No. 85-1 and No. 86-2 with respect to project completion and unexpended balances of project funding. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. XIII. PUBLIC INPUT XIV. OTHER BUSINESS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY COUNCIL XV. CLOSED SESSION (if needed for legal or personnel matters). XVI. ADJOURNMENT The next regular meeting of the City Council is scheduled for Monday, April 19, 1993, 7:00 p.m., at the Tustin Area Senior Center. Council Agenda 9 April 5, 1993