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Home My WebLink About00 AGENDA 07-18-94 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN JULY 18, 1994 - 7:00 P.M. WORKSHOP - At 5:30 p.m., the City Council will conduct a budget workshop in the Council Chambers. This workshop is open to the public. CALL TO ORDER I PLEDGE OF ALLEGIANCE / INVOCATION ROLL CALL PROCLAMATION - Man of the Year, Vic Gotham; and Woman of the Year, Angle Kardashian. PRESENTATION - Orange County Vector Control by Fable Combs. PUBLIC INPUT - At this time members of the public may address the City Council regarding any items not on the agenda and within the subiect 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 3 ) 1. ZONE CHANGE 94-002 (GLENN G. RILEY) The applicant is requesting to change the current zoning designation for the site located on the westerly side of Red Hill Avenue between Lance Drive and San Juan Street from R-4 (Suburban Residential District) to R-3 (Multiple Family Residential District). Recommendation: Adopt the following Resolution No. 94-87 denying Zone Change 94-002, as submitted or revised, as recommended by the Community Development Department: RESOLUTION NO. 94-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING ZONE CHANGE 94-002, A REQUEST TO CHANGE THE DESIGNATION OF THE PROPERTY LOCATED AT 13641 RED HILL AVENUE FROM R-4 (SUBURBAN RESIDENTIAL DISTRICT) TO R-3 (MULTIPLE FAMILY RESIDENTIAL DISTRICT) Council Agenda I July 18, 1994 2. RESOLUTION NO.. 6, PLACING ASSESSMENT F( DLID WASTE COLLECTION ON THE 1994-95 T:~( ROLL ..... Great Western Reclamation has requested an adjustment in the solid waste collection fees for 1994-95 as permitted by the franchise agreement. Recommendation: Conduct first public hearing of Resolution No. 94-86 which directs the Finance Director to place the charges for solid waste collection on the tax roll for fiscal year 1994-95 as recommended by the Finance Department. APPEAL OF CONDITIONAL USE PERMIT 93-038 (ALLSTAR LUBE & TUNE) Conditional Use Permit 93-038 authorizes the establishment of an auto service facility on the vacant lot located at the southeasterly corner of Red Hill Avenue and El Camino Real. On July 5, 1994, the City Council considered this appeal and continued the item to the July 18, 1994 Council meeting in order to resolve issues related to the right-of-way dedication condition of Conditional Use Permit 93-038. R ommenda i n by the Community Development Department: a. Recertify the Final Negative Declaration, as modified, as adequate for the project by adopting the following Resolution No. 94-81: RESOLUTION NO. 94-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING THE FINAL NEGATIVE DECLARATION, AS MODIFIED, AS ADEQUATE FOR CONDITIONAL USE PERMIT 93-038 AND DESIGN REVIEW 93-040 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT bo Uphold the Planning Commission's action related to Condition No. 6.1 and modify its action regarding Condition No. 6.4 of Conditional Use Permit 93-038 by adopting the following Resolution No. 94~82, subject to the conditions contained in Exhibit A, as submitted or revised: RESOLUTION NO. 94-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S ACTION RELATED TO CONDITION NO. 6.1 AND MODIFYING ITS ACTION REGARDING CONDITION NO. 6.4 OF CONDITIONAL USE PERMIT 93-038, A REQUEST TO ESTABLISH AND OPERATE AN AUTO'SERVICE FACILITY WITHIN THE CENTRAL COMMERCIAL (C-2) DISTRICT AND DESIGN REVIEW 93-040 FOR AN APPROXIMATELY 4,900 SQUARE FOOT AUTO SERVICE FACILITY LOCATED AT 13922' RED HILL AVENUE CONSENT CALENDAR ( ITEMS 4 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. Council Agenda 2 July 18, 1994 10. 11. 12. APPROVAL OF DEMANDS AND RATIFICATION OF PA'~'ROLL Recommendation: Approve Demands in the amount of $989,329.62 and ratify Payroll in the amount of $307,160.06. APPROVAL OF MINUTES - JULY 5, 1994 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 5, 1994. REJECTION OF CLAIM NO. 94-25 - CLAIMANT, R.D. EISZELE; DATE OF LOSS, 4/20/94; DATE FILED WITH CITY, 5/11/94 Recommendation: Reject subject claim for property damage in the amount of $771.51 as recommended by the City Attorney. INVESTMENT SCHEDULE AS OF MAY 31, 1994 Recommendation: Receive and file subject report as recommended by the Finance Department. RESOLUTION NO. 94-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 94-79 amending the Classification Plan to include the non-sworn, non-management position of Lead Communications Officer; and approve compensation of Lead Communications Officer as follows: Step A, $2851; Step B, 92994; Step C, $3143; Step D, 93300; and Step E, 93465 as recommended by Personnel Services. PLANNING COMMISSION ACTION AGENDA -JULY 11, 1994 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 July 11, 1994. TUSTIN SPORTS PARK, MULTI-USE TRACK Recommendation: Direct staff to negotiate a change order on the Sports Park project for construction of a multi-use path for jogging and rollerskating as recommended by the Community Development Department. · RESOLUTION NO. 94-84 - 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 INSTALLATION OF TRAFFIC SIGNALS AND INTERCONNECT AT MCFADDEN AVENUE AND WALNUT AVENUE Recommendation: Adopt Resolution No. 94-84 accepl~ing said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. AWARD OF CONTRACT FOR CONSTRUCTION OF VANDENBERG WELL WELLHEAD FACILITIES Recommendation: Award the contract for subject project to P.R. Burke Corporation, Tustin, in the amount of $565,193.00 as recommended by the Public Works Department/Water Division. Council Agenda 3 July 18, 1994 REGULAR BUSINESE~ ITEMS 13 THROUGH ~ i 13. ROLLER HOCKEY STUDY PROGRESS REPORT At the meeting of July 5, 1994, the City Council determined it was not feasible to locate a roller hockey facility at Tustin Sports Park; and staff was instructed to review alternate locations for a skating rink at the Columbus Tustin site. Recommendation_: Receive and file subject report as recommended by the Community Development and Community Services Departments. 14. ORDINANCE NO. 1130, BIDDING OF SOLID WASTE COLLECTION CONTRACT Ordinance No. 1130 was introduced at the July 5, 1994 City Council meeting. Recommendation: Have second reading by title only and adoption of the following Ordinance No. 1130 (roll call vote): ORDINANCE NO. 1130 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUIRING THAT CITY CONTRACTS FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND THE COLLECTION OF RECYCLABLE MATERIAL BE SUBJECT TO COMPETITIVE BID 15. ORDINANCE NO. 1131, PERMIT PARKING ON ROSALIE PLACE AND QUENT DRIVE Ordinance No. 1131 had first reading by title only and introduction at the July 5, 1994 City Council meeting. Recommendation: Have second reading by title only and adoption of the following Ordinance No. 1131 (roll call vote): ORDINANCE NO. 1131 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE ROSALIE PLACE AND QUENT DRIVE FOR PARKING BY PERMIT ONLY 16. ORDINANCE NO. 1132, THREE-TERM LIMIT Ordinance No. 1132 was introduced at the July 5, 1994 City Council meeting. Recommendation: Have second reading by title only and adoption of the following Ordinance No. 1132 (roll call vote): ORDINANCE NO. 1132- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, LIMITING CONSECUTIVE TERMS OF MEMBERS OFTHE CITY COUNCIL 17. ORDINANCE NO. 1133, PUBLIC NUDITY Ordinance No. 1133 was introduced at the July 5, 1994 City Council meeting. Recommendation: Have second reading by title only and adoption of the following Council Agenda 4 July 18, 1994 Ordinance No. 11 :~ .oll call vote): ; ORDINANCE NO. 1133 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO PUBLIC NUDITY 18, REVISED SMOKING ORDINANCE The revised smoking ordinance proposed by Councilmember Worley would prohibit smoking in any City owned, operated or leased facility; and add retail sales and retail service establishments to the places where owners and operators of such establishments must designate nonsmoking areas. No substantive changes are proposed to existing provisions regarding restauran,ts. Recommendation: Pleasure of the City Council. 19. REJECTION OF CLAIM NO. 94-26, KlM MORGAN Mayor Pro Tem Potts requested subject claim be reagendized for consideration of alternative options. Recommendation: Reject subject claim for property damages in the amount of $400.00 as recommended by the City Attorney. 20. REPLACEMENT OF PLANNING COMMISSIONER BAKER Mayor Pro Tem Potts requested that the replacement of Planning Commissioner Baker be agendized for City Council discussion. Recommendation: Pleasure of the City Council. 21. LISTING OF COMMISSIONS AND COMMITTEES Mayor Pro Tem Ports requested that a complete listing of all City Commissions and Committees, and City Council membership on those committees, be agendized for Council discussion. Recommendation: Pleasure of the City Council. 22. RESOLUTIONS RELATING TO THE NOVEMBER 8, 1994 ELECTION The report outlines for Council consideration adoption of two resolutions related to the November 8, 1994 election on three measures: City Council two-term limits, City Council three-term limits, and bidding of the solid waste collection contract. One resolution provides for calling the election, and the second optional resolutio..n provides for impartial analyses of each measure by the City A~orney and City Council authorization for preparation of ballot arguments. Recommendation: Pleasure of the City Council. Council Agenda 5 July 18, 1994 23. ORDINANCE BANI~ , GIFTS OF $250 OR MORE Proposed Ordinance No. 1129 would ban the acceptance of gifts by City Officers and Designated Employees aggregating $250 or more. Recommendation: Pleasure of the City Council. 24. FEE WAIVER - DINOSAUR DASH The Tustin Public Schools Foundation is requesting City support for the Dinosaur Dash event. Recommendation: Pleasure of the City Council. 25. MAYOR APPOINTMENTS Mayor Saltarelli requested that Mayoral appointments to the Marine Corps Air Station, Tustin Reuse Task Force and Youth Issues Committee be agendized for discussion. Recommendation: Pleasure of the City Council. 26. THE MCKINNEY ACT STRATEGY AS IT APPLIES TO MCAS TUSTIN The Stewart B. McKinney Homeless Assistance Act of 1987 requires the Defense Department and other federal agencies to give homeless assistance uses top priority consideration over other uses for transfer of surplus federally owned buildings or land which are determined to be suitable and available and which are not needed by another federal agency. Recommendation: Concur with current McKinney Act compliance strategy and/or provide any additional direction on this matter as recommended by the Community Development Department. 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 ~nd end of the meeting. OTHER BUSINESS - City Manager, City Attorney, City Council CLOSED SESSION - The City Council will convene in Closed Session to consider a matter of pending litigation pursuant to Government Code Section 54956.9(c), and a matter of threatened litigation pursuant to Government Code Section 54956.9(b) (there is a dispute between The Irvine Company and the City of Tustin over the deposit of soils in the construction of Jamboree Road). Council Agenda 6 July 18, 1994 Confidential reports relatl ) (a) purchase and sale of real, Jerty, (b) matters of pending or potential litigation, (c) p~sonnel, or which are otherwise exempt from public disclosure under the California Public Records Act, may be reviewed by the Council during a permitted Closed Session and are not available for public inspection. At such time as final actions are taken by the Council on any of these subjects, the minutes will reflect all required disclosures of information in accordance with the Brown Act. ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, August 1, 1994, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. Council Agenda 7 July 18, 1994