HomeMy WebLinkAbout00 AGENDA 11-20-95 , AGENDA
CiTY COUNCIL REGULAR MEETING
CITY OF TUSTIN
NOVEMBER 20, 1995 - 7:00 P.M.
CALL TO ORDER / PLEDGE OF ALLEGIANCE
INVOCATION - The Invocation will be given by Reverend Andrew Bagley, Church of
Scientology.
ROLL CALL
PROCLAMATIONS- Volunteer Instructional Program; and Anti Graffiti Contest Winners
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 I THROUGH 4 )
I ·
RECOVERY OF CITY COSTS FOR THE ABATEMENT OF A PUBLIC NUISANCE AT
PROPERTY LOCATED AT 1776 NISSON ROAD, AND TWO PROPERTIES LOCATED
IN EAST TUSTIN AT TRACT 13908, AND TRACT 13627, LOT 26
On July 18, 1995, properties located at 1776 Nisson Road, Tract 13908 and Tract
13627, Lot 26, were posted and the property owners notified by mail of the
existence of a public nuisance violation and ordered to. clear the weeds and debris
from their property by July 28, 1995. The notice warned the property owners that
failure to clear the premises of the violation would result in abatement by the 'City
and that a lien wOuld be placed upOn the land to recover the costs of abatement.
The property owners had the right to file an appeal with the City Clerk's Office by
July 28, 1995, and no appeals were received..
Recommendation: Adopt the following Resolutions No. 95-109, 95-110, and 95-
111 confirming the schedule of costs associated with the abatement of weeds and
debris and directing that the same constitute an assessment against the subject
properties as recommended by the Community Development Department:
RESOLUTION NO. 95-109- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT 1776 NISSON
Council Agenda I November 20, 1995
e
e
ROAD FOR THE COS'~
NUISANCE
..;URRED BY THE CITY FOR TH!L 5ATEMENT OF A PUBLIC
RESOLUTION NO. 95-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT TRACT 13908
FOR THE COST INCURRED BY THE CITY FOR THE ABATEMENT OF A PUBLIC
NUISANCE
RESOLUTION NO. 95-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT TRACT
13627, LOT 26 FOR THE COST INCURRED BY THE CITY FOR THE ABATEMENT OF
A PUBLIC NUISANCE
CODE AMENDMENT 95-004, AMENDMENTS TO OFFICE OF THE ZONING
ADMINISTRATOR
Code Amendment 95-004 would improve processing efficiency for certain routine
conditional use permits, and specific development and variance applications that are
presently required to be approved by the Planning Commission. The Zoning
Administrator would aisc continue to be allowed to refer any application deemed
controversial or complex to the Planning Commission for their action.
Recommendetion by the Community Development Department:
.
Approve the Environmental Determination for the project by adopting the
following Resolution No. 95-112:
RESOLUTION NO. 95-112 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR CODE AMENDMENT 95-004 INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
2. Have first reading by title only and introduction of the following Ordinance No.
1157 approving Code Amendment 95-004, as submitted or revised:
ORDINANCE NO. 1157 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING SECTION 9299, A PORTION OF
CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO THE
OFFICE OF THE ZONING ADMINISTRATOR (C.A. 95-004)
GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND
AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT (IRVlNE
COMPANY)
On October 16, 1995, City Council provided direction to staff to revise the
environmental documentation and notice the public hearing for this project to
consider both The Irvine Company's revised proposal, and the Planning Commission's
recommendation.
Council Agenda 2 November 20, 1995
1
Recommendation:
~sure of the City Council.
CODE AMENDMENT 95-003 (CITY OF TUSTIN)
Councilmember Doyle expressed concerns regarding the application of the proposed
distance regulations and guideline conditions contained in the draft ordinance. The
City Attorney has prepared a memorandum which provides several alternatives.
Recommendation' Pleasure of the City Council.
CONSENT CALENDAR ( ITEMS 5 THROUGH 16 )'
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 $1,115,365.50 and ratify
Payroll in the amount of $336,213.05.
Se
AWARD CONTRACT FOR WATER MAIN REPLACEMENT ON FAIRHAVEN AVENUE
AT SR-55 FREEWAY - PROJECT NO. 600127
Recommendation: Award the contract for the subject project to B.R. Day
Construction, Inc. of Covina, California, in the amount of 959,874.00 as
recommended by the Public Works Department/Engineering Division.'
.
RESOLUTION.NO. 95-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING AN APPLICATION FOR GRANT FUNDS
FROM THE CALIFORNIA USED OIL RECYCLING BLOCK GRANT PROGRAM TO
OPERATE A USED OIL RECYCLING PROGRAM
Recommendation: Adopt Resolution No. 95-113 approving an application for State
grant funds in the amount of $19,375 to maintain and manage a used oil recycling
program as recommended by the Public Works Department/Engineering Division. ~
Se
CLAIM OF MARIA ORNELAS' CLAIM NO. 95-30
Recommendation: Reject Claim No. 95-30, Maria Ornelas, and direct the City Clerk
to give proper notice of the rejection to the claimant and to the claimant's attorney
as recommended by the City Attorney.
.
CLAIM OF VILMA FLORES: CLAIM NO. 95-39
Recommendation: Reject Claim No. 95-39, Vilma Flores, and direct the City Clerk
to give proper notice of the rejection to the claimant and to the claimant's attorney
as recommended by the City Attorney.
10.
CLAIM OF FARNAVAZ KASRA: CLAIM NO. 95-34
Recommendation' Reject Claim No. 95-34, Farnavaz Kasra, and direct the City Clerk
to give proper notice of the rejection to the claimant and to the claimant's attorney
as recommended by the City Attorney.
Council Agenda
November 20, 1995
11.
AWARD OF GRAFFI'I'. ~lWARD
RecommendatiQn' Award a $250 reward out of no~'-~lepartmental funds to an
anonymous witness for actions leading to the issuance of a citation to a graffiti
vandal as recommended by the Community Development Department.
12.
RESOLUTION NO. 95-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN
Recommend~l;iQn: Adopt Resolution No. 95-108 amending the classification plan to
include the position of Senior Center Receptionist Clerk as recommended by
Personnel Services.
13.
RESOLUTION NO. 95-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM
THE TUSTIN REDEVELOPMENT AGENCY TOWN CENTER PROJECT AREA FOR THE
PURPOSE OF RELIEVING THE FLOODING CONDITIONS ON IRVINE BOULEVARD
OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT
Recommend~ti0n: 1) Adopt Resolution No. 95-121 so that tax funds allocated to
the RDA Town Center Project Area may be used outside the boundaries of the
Project Area for the purpose of relieving the flooding conditions on Irvine Boulevard;
and 2) authorize staff to process a Professional Services Agreement with NBS/Lowry,
Inc., for providing Engineering Services for the subject project in the amount of
$111,902 and authorize execution of the agreement by the Mayor and City Clerk as
recommended by the Public Works Department/Engineering Division.
14.
PLANNING COMMISSION ACTION AGENDA- NOVEMBER 13, 1995
All actions of the Planning Commission become final unless appealed by the City
Council or member of the public.
Recommendation: Ratify Planning Commission Action Agenda of November 13,
1995.
15. APPROVAL OF MINUTES - NOVEMBER 6, 1995 REGULAR MEETING
Recommendation: Approve City Council Minutes of November 6, 1995.
16.
INVESTMENT REPORT AS OF JUNE AND JULY, 1995
Recommendation: Receive and file subject report as recommended by the Finance
Department.
REGULAR BUSINESS (ITEMS 17 THROUGH 22 )
17. ORDINANCE NO. 1159 - UNIFORM FIRE CODE
Ordinance No. 1159 had first reading by title only and introduction at the November
6, 1995 Council meeting.
Recommendation: Have second reading by title only and adoption of the following
Ordinance No. 1159 (roll call vote):
ORDINANCE NO. 1159 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REPEALING. SPECIFIC SECTIONS OF ARTICLE 5 OF THE TUSTIN
CITY CODE' AND ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1994 EDITION,
Council Agenda 4 November 20, 1995
WITH APPENDICES AND ', UNIFORM FIRE CODE STAN, iDS, 1994 EDITION WITH
APPENDICES; WITH AMEN~JMENTS THERETO AS THE FIR~' rHOTECTION REGULATIONS
OF THE CITY OF TUSTIN
18.
APPROVAL OF AN AGREEMENT WITH ELLER MEDIA COMPANY FOR BUS
SHELTERS AND BENCHES (Formerly Patrick-Target Media)
The City Council approved the Request for Proposals for Advertising Bus Shelters at
their July 5, 1994 meeting. On January 16, 1995, based on recommendations of
the Proposal Evaluation Committee, the City Council authorized staff to enter into
negotiations with Patrick-Target Media for an exclusive advertising bus shelter
franchise agreement.
Recommendation: Approve the Agreement with Eller Media Company for the
conStruction, installation and maintenance of advertising bus shelters, non-
advertising bus shelters and bus benches and authorize the Mayor to execute the
Agreement as recommended by the Public Works Department.
19. TUSTIN BRANCH SPUR BIKETRAIL
Caltrans has been working for over two years on the acquisition of a 7 mile section
of abandoned Southern Pacific Railroad (SPRR) Tustin Branch Spur right-of-way for
the development of a multi-purpose trail. The SPRR right-of-way extends through
a small section of Tustin, Unincorporated North Tustin, Villa Park and the City of
Orange. The SPRR corridor when combined with the existing multi-use trails would
provide a continuous uninterrupted trail from' the City of Orange to the Newport
Avenue trail north of Irvine Boulevard in the City of Tustin. Funding for the
acquisition and improvement of the bicycle trail is to be provided through the Federal
Transportation Enhancement Activities Program.
Recommendation: Adopt the following Resolution No. 95-107 authorizing the Public
Works Director to apply as a Co-applicant for funds for the Transportation
Enhancement Activities Program as recommended by the Community Development
Department:
RESOLUTION NO. 95-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
'OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY OF ORANGE TO APPLY FOR
FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM
UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF
1991, IN BEHALF OF THE CITY OF TUSTIN AS CO-APPLICANT FOR THE TUSTIN.
BRANCH TRAIL BIKEWAY PROJECT
20.
FINDING OF BENEFIT FOR USE OF AGENCY FUNDS FOR ACQUISITION AND
REHABILITATION AT 14722 NEWPORT AVENUE
Staff initiated negotiations for the acquisition of property located at the northeastern
corner of Newport and Sycamore Avenues. As required by Redevelopment LaTM, the
Agency obtained a full appraisal of the property resulting in a property market value
of $480,000 plus closing costs, and any proration of taxes, bonds or assessments
on the property; and architectural services estimated at $50,000.
Council Agenda 5~ November 20, 1995
Recommendation' /~... 5ve the following Resolution I~. .~5-122 making a finding
of benefit to permit South Central tax increment funds to be used outside of the
Project Area for the purpose of acquisition and rehabilitation at 14722 Newport
Avenue for development of a youth center as recommended by the Community
Development Department:
RESOLUTION NO. 95-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM
THE SOUTH CENTRAL PROJECT AREA FOR THE PURPOSE OF ACQUIRING
PROPERTY AND UNDERTAKING REHABILITATION ACTIVITIES AT 14722 NEWPORT
AVENUE WILL BE OF BENEFIT TO THE PROJECT
21. LEGAL SERVICES AGREEMENT
Council deferred action on the legal services agreement with Rourke, Woodruff and
Spradlin because Mayor Potts indicated he had questions concerning the proposed
agreement.
Recommendation: Pleasure of the City Council.
22. REFINANCING OF TUSTIN RANCH ASSESSMENT DISTRICT BONDS (AD 85-1 AND
AD 86-2)
Council previously authorized staff to proceed with refinancing of the outstanding
assessment district bonds. Property owners will benefit by lower future annual
assessments due to lower interest rates on the bonds and using accrued construction
cost savings.
Recommendation: To approve various documents required to authorize refinancing
of Assessment Districts 85-1 and 86-2 Bonds as recommended by the Office of the
-City Manager.
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.
OTHER BUSINESS- City Manager, City Attorney, and City Council
COMMITTEE REPORTS- City Council
CLOSED SESSION- The City Council shall convene in closed session to confer with
their real property negotiators regarding a portion of the property located at 3075-3097
Edinger Avenue, Tustin, California. The negotiating parties are the City of Tustin and
Jamboree Properties. The instructions to the negotiator will include price and terms of
Council Agenda 6 November 20, 1995
payment. Action taken a.
Act.
hal documents will be reporte.
,/
~ccordance with the Brown
·
ADJOURNMENT - The next regular meeting of the City Council is scheduled for
Monday, December 4, 1995, at 7:00 p.m. in. the Council Chambers at 300 Centennial Way.
Council Agenda 7 November 20, 1995