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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