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Home My WebLink About00 AGENDA 10-02-95AGENDA COUNCIL REGULAR MEETh_ ~. CITY OF TUSTIN OCTOBER 2, 1995 - 7:00 P.M. CALL TO, ORDER / PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS- Fire' Prevention Week, October 8-14; and Lindsa~/-Fossatti, Fastpitch-Softball National Championship Team Member 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 HEARINGS ( ITEMS I THROUGH 2) I · AMENDED FINAL STATEMENT' (APPLICATION) FOR PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 1994-95 The proposed amendment will provide an additional portion of the funding necessary for design and rehabilitation of the youth center. Recommendation: Adopt the following Resolution No. 95-87 approving an amendment to the Final Statement (application) for the proposed use of Community Development Block Grant (CDBG) funds for fiscal year 1994-95: RESOLUTION NO. 95-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S 1994-95 FINAL STATEMENT (APPLICATION) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF SUCH APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT · TENTATIVE TRACT MAP NO. 14901 (SANDERSON J. RAY DEVELOPMENT/TUSTIN RANCH PLAZA) The applicant is proposing to subdivide the 14-acre site located on the southwest corner of Jamboree Road and Irvine Boulevard into eight numbered lots to permit individual ownership. Council Agenda I October 2, 1995 Recommendation b, e Community Development D, 'tment: · 1. Approve the E~ironmental Determination for the project by adopting the following Resolution No. 95-89: RESOLUTION NO. 95-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC pLAN (FINAL EIR 85- 2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE. TRACT MAP NO. 14901 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT _- 2. Approve Tentative Tract Map. No. 14901 by adopting the following Resolution No. 95-90, as submitted or revised: RESOLUTION NO. 95-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 14901 TO CREATE EIGHT (8) NUMBERED LOTS FOR A COMMERCIAL SUBDIVISION ON LOT 13 OF TRACT 12763 CONSENT CALENDAR (ITEMS 3 THROUGH 8 ) 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. 1 APPROVAL OF MINUTES- SEPTEMBER 18, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of September 18, 1995. o APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation:. Approve Demands in the amount of $1,704,888.42 'and ratify Payroll in the amount of $339,070.05. Se CLAIM OF IRWIN GROSS Recommendation: Deny subject claim and direct the City Clerk to provide appropriate notice to the claimant and his attorney as recommended by the City Attorney. Si APPROVAL OF'AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. D93-131 AND APPROVAL OF NEGATIVE DECLARATION FOR THE WIDENING OF THE 17TH STREET BRIDGE APPROACHES AT SR-55 FREEWAY Recommendation: (1) Approve subject Amendment No. 2 to Cooperative Agreement No. D93-131; and (2) Adopt the following Resolution No. 95-88 approving the Mitigated Negative Declaration for the Seventeenth Street Widening Project (City of Santa Ana ER No. 93-5) pursuant to the duties of a Responsible Agency as recommended by the Public Works Department/Engineering Division: Council Agenda 2 October 2, 1995 7, J RESOLUTION NO. 95'88 - A RESOLUTION OF THE CITY COUNCIL OF THE cITY OF TUSTIN, CALIFORNIA, ACTING AS A RESPONSIBLE AGENCY' IN APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE SEVENTEENTH STREET WIDENING PROJECT,-AS PREPARED BY THE CITY OF SANTA ANA, WITH ALL FEASIBLE MITIGATION MEASURES INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AMENDMENTTO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030- (Mc DONALD'S) Recommendation: (1) Approve the Environmental Determination for the project by adopting the following Resolution No. 95-84; and (2) Amend Conditional Use Permit 94-023 and Design Review 94-030 by adopting the following Resolution'No. 95-85 as recommended by the Community Development Department: RESOLUTION NO. 95-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 95-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030 MODIFYING THE HEIGHT OF THE SCREEN WALLS AND EARTHEN BERMS AROUND THE DRIVE-THRU FACILITY ON THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TUSTIN RANCH ROAD AND BRYAN AVENUE ON LOT'1 OF TRACT 14610 PLANNING COMMISSION ACTION AGENDA- SEPTEMBER 25, 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 September 25, 1995. REGULAR BUSINESS (ITEMS 9 THROUGH 12 ) 9. EFFECT OF SENATE BILL 2 PERTAINING TO TERM LIMITS FOR CITY OFFICIALS The City Council requested a City Attorney opinion on the effect of the passage of Senate Bill 2 on Measure H, limiting consecutive terms of the City Council, which was approved by Tustin voters last November, and whether the term limits established by Measure H apply to existing or to prospective terms of office. Recommendation' Pleasure of the City Council. Council Agenda 3 October 2, 1995 10. LEGAL SERVICES/) "£EMENT ~ ~ Following a Request for Qualifications/Proposal process, the City Council selected Rourke, Woodruff & Spradlin to provide legal services subject to reaching an agreement concerning fees. Recommendation: Adopt the following Resolution No. 95-95 appointing Lois E. Jeffrey City Attorney and authorizing a retainer agreement with Rourke, Woodruff & Spradlin as recommended by the City Council subcommittee of Mayor Pro Tem Worley and Councilmember Saltarelli: RESOLUTION NO. 95-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING THE CITY ATTORNEY AND AUTHORIZING __ EXECUTION OF A RETAINER AGREEMENT WITH ROURKE, WOODRUFF & SPRADLIN 11. ILLUMINATED CHRISTMAS DECORATION AT THE INTERSECTION OF EL CAMINO REAL AND MAIN STREET In response to a request raised at the Council meeting of September 5, 1995, staff investigated the feasibility of installing illuminated Christmas decorations at the intersection of El Camino Real and Main Street. Recommendation: Approve the purchase and installation of an illuminated Christmas street streamer at the banner pole location on Main Street as recommended by the Public Works Department/Engineering Division. 12. ORDINANCE NO. 1156 - AMENDING CITY CODE SECTIONS 4616 AND 4617, NOISE CONTROL On August 7, 1995, staff presented to the City Council proposed modifications to Sections 4616 and 4617 of the Noise Ordinance which were designed to prohibit the use of not only leafblowers, but all loud property maintenance equipment during late night hours. 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 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 Council Agenda 4 October 2, 1995 CLOSED SESSION - T,~ 'ity Council will convene in cid' ~ession to confer with the City Attorney regarding p~...,,ng litigation to which the City ,~ a party: City of Tustin vs. GeoSoils, E.L. Yeager, and Sam Johnson; OCSC Case No. 73-27-66. ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, October 16, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. Council Agenda 5 October 2, 1995