HomeMy WebLinkAbout00 AGENDA 07-05-94 AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF TUSTIN
JULY 5, 1994 - 7:00 P.M.
WORKSHOP - At 5:00 p,m.0 the City Council will conduct a budget workshop. This
workshop is open to the public.
CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION
ROLL CALL
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 1 THROUGH 3
1. VESTING TENTATIVE TRACT MAP 14914 (NEWPORT CAMINO PLAZA, LTD.)
Applicant proposes to subdivide a 1.92 acre site into 2 numbered lots to
accommodate an approximate 18,000 square foot retail shopping center, and the
project site is located on the northeast corner of Newport Avenue and El Camino
Real.
Recommendation by the Community Development Department:
a. Certify the Negative Declaration as adequate for the project by adopting the
following Resolution No. 94-75:
RESOLUTION NO. 94-75 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR VESTING TENTATIVE TRACT MAP 14914
INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
b. Approve Vesting Tentative Tract Map 14914 by adopting the following
Resolution No. 94-76, as submitted or revised:
Council Agenda 1 July 5, 1994
RESOLUTION NO. 94-76 - A RESOLUTION OF ThclClTY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP 14914
2. TENTATIVE PARCEL MAP 93-176 (BART DUESLER)
Applicant is requesting authorization to subdivide subject property into two parcels
so that each duplex building would be located on a separate lot; no new construction
or development is proposed for the site at this time. The subject property is located
on the westerly side of Green Valley Avenue south of Mitchell Avenue.
Recommendation by the Community Development Department:
.a. Certify the Final NegatLve Declaration as adequate_for the project by adopting
the following Resolution No. 94-77:
RESOLUTION NO. 94-77 ~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR TENTATIVE PARCEL MAP 93-176
INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
b. Approve Tentative Parcel Map 93-176 by adopting the following Resolution No.
94-78, as submitted or revised:
RESOLUTION NO. 94-78 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 93-176
3. APPEAL OF CONDITIONAL USE PERMIT 93-038 (ALLSTAR LUBE & TUNE)
The Planning Commission adopted Resolution No. 3275 approving Conditional Use
Permit 93-038 which authorized the establishment of an auto service facility on the
vacant lot located at the southeasterly corner of Red Hill Avenue and El Camino Real.
The property owner has filed an appeal stating under no circumstances will he grant
the required dedication of right-of-way without just compensation and he objects To
the property being included in the City's Landscape District.
Recommendation by the Community Development Department:
a. Recertify the Final Negative Declaration 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 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 Nos. 6.1 and 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:
Council Agenda 2 July 5, 1994
RESOLUTION-,,O. 94-82 - A RESOLUTION OF 1'HE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S
ACTION RELATED TO CONDITION NOS. 6.1 AND 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 13 )
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.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $2,060,837.78 and ratify
Payroll in the amount of $315,852.33.
o
1994-95 COUNTY OF ORANGE ANIMAL CONTROL/SHELTER CONTRACT
Recommendation: Approve the Agreement for Animal Control and Shelter Services
by the County of Orange and authorize the Mayor to sign the Agreement for the
1994-95 fiscal year as recommended by the Finance Department.
AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT FOR 17TH STREET AND
BRENAN WAY (PROJECT NO. 600116)
Recommendation: Award the contract for subject project to S.J. Burkhardt, Inc. of
Mira Loma, California, in the amount of $124,377.00 as recommended by the Public
Works Department/Water Division.
SALE OF SURPLUS EQUIPMENT
Recommendation: Receive and file notice of sale of surplus equipment as
recommended by the Public Works Department/Field Services Division.
REJECTION OF CLAIM NO. 94-26 - CLAIMANT, KlM MORGAN; DATE OF LOSS,
4/7/94; DATE FILED WITH CITY, 5/12/94
Recommendation: Reject subject claim for property damage in the amount of
$400.00 as recommended by the City Attorney.
RESOLUTION NO. 94-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF
TUSTIN, CALIFORNIA, CONCERNING THE STATUS OFTHE CiRCULATiON ELEMENT
FOR THE CITY OF TUSTIN
Recommendation: Adopt Resolution No. 94-80 concerning the status of the City of
Tustin's Circulation Element as recommended by the Public Works Department/
Engineering Division.
10.
REQUEST FOR CITY COUNCIL AUTHORIZATION TO TAKE ACTION TO MINIMIZE
THE CITY'S LIABILITY EXPOSURE AT TWO SUPERFUND SITES
Recommendation: Approve the Group Participation Agreement for the Mountaineer
Refinery Site (that will enable the City of Tustin to take advantage of two potential
settlement options for de minimis contributors), and to authorize settlement at the
Council Agenda 3 July 5, 1994
11.
12.
13.
Ekotek Site in the amount of $2,000.00, in accordance With the proposed settlement
agreement as recommended by the City Attorney.
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ENGINEERING
SERVICES FOR THE IRVlNE BOULEVARD/NEWPORT AVENUE INTERSECTION
ENHANCEMENT PROJECT
Recommendation: Approve selection of ASL Consulting Engineers, Irvine, to provide
consulting engineering services relating to the Irvine Boulevard/Newport Avenue
intersection Enhancement Project in the amount of $264,029.00 and authorize
execution of the Professional Services Agreement by the Mayor and City Clerk,
subject to the City Attorney's approval as-to-form as recommended by the Public
Works Department/Engineering Division.
PLANNING COMMISSION ACTION AGENDA_- JUNE 2.7, 1994
All actions of the Planning Commission become final unless appealed by tt~e City
Council or member of the public.
Recommendation: Ratify the Planning Commission Action Agenda of June 27,
1994.
APPROVAL OF MINUTES- JUNE 14, 1994 SPECIAL MEETING AND JUNE 20, 1994
REGULAR MEETING
Recommendation: Approve the City Council Minutes of June 14 and June 20, 1994.
REGULAR BUSINESS ( ITEMS 14 THROUGH 24)
14. JOINT POWERS AGREEMENT - ORANGE COUNTY FIRE AUTHORITY
The sixteen cities served by the Orange County Fire Department and County staff
have been studying and negotiating alternative means of governing and administering
the Fire Department.
Recommendation: Adopt the following Resolution No. 94-83 approving a Joint
Exercise of Powers Agreement to form the Orange County Fire Authority as
recommended by the City Manager:
RESOLUTION NO. 94-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING A JOINT EXERCISE OF POWERS AGREEMENT
TO FORM THE ORANGE COUNTY FIRE AUTHORITY AND AGREE TO PARTICIPATE
IN ACTIVITIES THAT SUPPORT AUTHORITY FORMATION
15, SELECTION OF PLANNING COMMISSIONERS AND PARKS AND RECREATION
COMMISSIONERS
Oral interviews of candidates were conducted by the City Council at a special
meeting held on June 14, 1994. The fina~ step in the selection process would be
completion of voting ballots by the City Council in open session at their meeting on
July 5, 1994.
Recommendatioq: Pleasure of the City Council.
Council Agenda 4 July 5, 1994
16.
ORDINANCE NO. ~131 - AMENDING THE CITY CODE TO DESIGNATE ROSALIE
PLACE AND QUENT DRIVE FOR PARKING BY PERMIT ONLY
At the June 20, 1994 City Council meeting, the Council approved a request for
permit parking on Rosalie Place and Quent Drive; and directed staff to prepare the
appropriate amendment to the Tustin City Code.
Recommendation: Have first reading by title only and introduction of the following
Ordinance No. 1131 as recommended by the Public Works Department/Engineering
Division:
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
17. ADOPTION OF ORDINANCE REGARDING PUBLIC NUDITY
Ordinance No. 1133 reflects the latest thinking'of the United States Supreme Court
on the issue and gives the City more effective tools for regulating public nudity than
exist in the current City Code.
Recommendation: Consider having first reading by title only and introduction of the
following Ordinance No. 1133 as recommended by the City Attorney:
ORDINANCE NO. 1133 - AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
TUSTIN, CALIFORNIA, RELATING TO PUBLIC NUDITY
18. REVISIONS TO REQUEST FOR PROPOSALS FOR ADVERTISING BUS SHELTERS
At their meeting on June 20, 1994, the City Council requested that staff re-examine
the draft Request for Proposals (RFP) for possible changes that would address the
issues discussed by the City Council and concerns expressed by prospective vendors
about provisions in the RFP which they believed were too stringent.
Recommendation: Authorize staff to advertise and circulate the Request for
Proposals for Bus Shelters with Advertising in the City of Tustin as recommended by
the Public Works Department/Engineering Division.
19. GIFT BAN ORDINANCE
Councilmember Doyle requested that the subject ordinance be discussed by the City
Council.
Recommendation: Pleasure of the City Council.
20. TERM LIMITS ORDINANCE
Mayor Saltarelli requested that the subject ordinance be discussed by the City
Council. The ordinance is the same as the two-term limit ordinance adopted by the
City Council at their June 20, 1994 meeting, except that Section 1307(b) provides
for a three-term limit.
Council Agenda 5 July 5, 1994
;21.
R~0mmendation: Pleasure of the City Council.
INITIATIVE TO AMEND THE ORANGE COUNTY GENERAL PLAN TO DESIGNATE
MARINE CORPS AIR STATION EL TORO FOR CIVIL AVIATION AND RELATED USES
On June 20, 1994, Councilmember Thomas requested that the initiative being
sponsored by the Committee for 21,000 New Jobs entitled an "initiative to Amend
the Orange County General Plan to Designate Marine Corps Air Station El Toro for
Civil Aviation and Related Uses" be agendized for City Council discussion.
Recommendation: Pleasure of the City Council.
22. BIDDING OF SOLID WASTE COLLECTION CONTRACT
At their previous meeting, the City Council reviewed and discussed a draft ordinance
to be submitted to the voters which would require the bidding of the City's Solid
Waste Disposal Contract every five years; and directed staff make inquiries as to
how other cities in the County are selecting their solid waste contractors and
whether exclusive or non-exclusive contracting for commercial and/or residential
services are prevalent.
Recommendation: Pleasure of the City Council.
23. ROLLER HOCKEY UPDATE
At the City Council meeting of June 20, 1994, Mayor Pro Tern Ports requested that
staff return with a report examining the possible addition of an "in-line skating" or
"rollerblading" hockey rink at the Tustin Sports Park currently in construction.
Recommendation: Pleasure of the City Council.
24. CITY A! IORNEY
Mayor Pro Tern Ports requested that the City Council discuss the status of the City
Attorney position.
Recommendation: Pleasure 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 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.
OTHER BUSINESS - City Manager, City Attorney, City Council
Council Agenda 6 July 5, 1994
CLOSED SESSION - ,he City Council shall convene in Closed Session to consider a
matter of pending litigation pursuant to Government Code Section 54956.9(c), and a
personnel matter pursuant to Government Code Section 54957.
Confidential reports relating to (a) purchase and sale of real property, (b) matters of pending
or potential litigation, (c) personnel, 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, July 18, 1994, at 7:00 p.m. in the Council Chambers at 300 Centennial Way.
Council Agenda 7 July 5, 1994