HomeMy WebLinkAbout00 AGENDA 02-21-95 AGENDA
,~oTY COUNCIL REGULAR MEET;,
CITY OF TUSTIN
TUESDAY, FEBRUARY 21, 1995 - 7:00 P.M.
WORKSHOP- At 5:30 p.m. in the Council Chambers, the City Council will conduct a
workshop with The Irvine Company on the Lower Peters Canyon Specific Plan. This
workshop is open to the public.
CALL TO ORDER / PLEDGE OF ALLEGIANCE
INVOCATION- Rev. Bill Gluli, Colonial Bible Church
ROLL CALL
PROCLAMATION- Black History Month
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 3 )
I .
APPEAL OF CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-303
(McDONALD'S CORPORATION)
On January 23, 1995, the Planning Commission conditionally approved a request to
establish a fast-food restaurant with drive-thru service on a one-acre vacant pad
within the Costco/K-Mart Center located at the southeast corner of Bryan Avenue
and Tustin Ranch Road. On January 30, 1995, the City received a request from
Cole Othmer to appeal the Planning Commission's decision.
Recommendation by the Community Development Department:
1. Approve the Environmental Determination for the project by adopting the
following Resolution No. 95-20:
Council Agenda 1 February 21, 1995
2.
RESOLUTIO~.-,NO. 95-20 - A RESOLUTION OF I'HE 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
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
e
Approve Conditional Use Permit 94-023 and Design Review 94-030 by adopting
the following Resolution No. 95-21 as recommended by the Planning
Commission' -
RESOLUTION NO. 95-21 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY APPROVING CONDITIONAL
USE PERMIT 94-023 AND DESIGN REVIEW 94-030 TO ALLOW
CONSTRUCTION OF A 2,871 SQUARE FOOT FAST-FOOD RESTAURANT WITH
DRIVE-THRU SERVICE LOCATED AT THE SOUTHEAST CORNER OF TUSTIN
RANCH ROAD AND BRYAN AVENUE ON LOT 1 OF TRACT 14610
CODE AMENDMENT 95'001 (CITY OF TUSTIN)
Approval of Code Amendment 95-001 would amend Tustin City Code Section 9293
which makes provisions related to the 'effective date length and revocation
procedures of discretionary land use approvals.
Recommendation by the Community Development Department:
1. Approve' the Environmental Determination for the project by adopting the
following Resolution No. 95-23:
RESOLUTION NO. 95-23 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR CODE AMENDMENT 95-001 INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
2. Have first reading by title only and introduction of the following Ordinance No.
1146'
ORDINANCE NO. 1146 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 95-001, ADDING
SUBSECTION (e) REGARDING REAPPLICATION FOR DISCRETIONARY LAND
USE APPROVALS, AND SUBSECTION (f) REGARDING REQUESTS FOR
MODIFICATION OF CONDITIONS OF APPROVAL, TO SECTION 9293 OF THE
TUSTIN CITY CODE
Council Agenda 2 February 21, 1995
'3. ZONE CHANGE 94;Q06 (CALIFORNIA PACIFIC HOMES)
Amendments to tl~ East Tustin Specific Plan are b~...d requested to modify the
development standards for the construction of patio cover and trellis structures
within patio home developments.
RecOmmendation by the Community Development Department:
1. Approve the Environmental Determination for the project by adopting the
following Resolution No. 95-22:
RESOLUTION NO. 95-22 - 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 ZONE
CHANGE 94-006 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN
INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
2. Have first reading by title only,and introduction of the following Ordinance No.
1145:
ORDINANCE NO. 1145 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-006 TO AMEND
SUBSECTION "a" OF SECTION 3.6.3.C3 OF THE EAST TUSTIN SPECIFIC PLAN
ENTITLED "PROJECTIONS INTO REQUIRED SETBACKS" RELATED TO THE
DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF PATIO COVER
AND TRELLIS STRUCTURES WITHIN PATIO HOME DEVELOPMENTS
CONSENT CALENDAR ( ITEMS 4 THROUGH 18 )
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.
o
APPROVAL OF DEMANDS
Recommendation: Approve Demands in the amount of 91,937,854.09.
1
.
APPROVAL OF MINUTES - FEBRUARY 1 ,. 1995 SPECIAL MEETING AND FEBRUARY
6, 1995 REGULAR MEETING
Recommendation: Approve City Council Minutes of February I and February 6,
1995.
·
1994-95 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT
UPDATE (SECOND QUARTER)
Recommendation: Receive and file subject report as recommended by the Public
Works Department/Engineering Division.
·
Council Agenda 3 February 21, 1995
.
.
10.
11.
12.
13.
APPROVAL OF MEMORANDUM OF UNDERSTANDI~G WITH TUSTIN MUNICIPAL
EMPLOYEES' A! CIATION (TMEA) ' ~
Recommendatioh, '~,uthorize the City Manager to eXucute subject Memorandum of
Understanding with the Tustin Municipal Employees Association as recommended by
Personnel Services.
RESOLUTION NO. 95-18 - 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
SIGNAL AND INTERCONNECT AT JAMBOREE ROAD AND TUSTIN RANCH PLAZA
Recommendation: Adopt Resolution No. 95-18 accepting said work as complete and
authorize the recordation of the Notice of Completion; and direct the City Clerk to
(1) Release the Labor and Materials Payment Bond not sooner than thirty-five (35)
days after the date of recordation of the Notice of Completion and (2) Release the
Faithful Performance Bond not sooner than one year after the date of recordation of
the Notice of Completion as recommended by the Public Works Department/
Engineering Division.
CONCEPT APPROVAL FOR PETERS CANYON CHANNEL (FACILITY NO. F06)
EMBANKMENT RESTORATION, MOFFETT DRIVE TO SCRRA/OCTA RAILWAY
(COUNTY OF ORANGE PROJECT)
Recommendation: Approve in concept the Peters Canyon Channel (F06)
Embankment Restoration Project from Moffett Drive to SCRRA/OCTA Railway as
requested by the County of Orange and as recommended by the Public Works
Department/Engineering Division.
SUPPLEMENTAL BUDGET APPROPRIATION FOR COST OF RELOCATION OF
TENANTS AT CITY-OWNED PROPERTY (PROJECT NO. 700116)
Re'commendation: Authorize a supplemental budget appropriation of $200,000 from
the unappropriated reserve of the MeasUre M Turnback funds to Project No. 700116
(El Camino Real Widening). These funds will be utilized for the Relocation Benefit
Payments to the tenants of the City-owned apartments at 1921-1951 El Camino Real
as recommended by the Public Works Department.
AWARD OF CONTRACT,FOR THE ANNUAL ASPHALT CONCRETE REHABILITATION
AND OVERLAY PROJECT, FY 1994-95
Recommendation: Award the FY 1994-95 Asphalt Concrete Rehabilitation and
Overlay Project contract to R.J. Noble Company in the amount of $443,860.36 as
recommended by the Public Works Department/Engineering Division.
STATUS REPORT: TRAFFIC SIGNAL INSTALLATION AT FIRST STREET/"B" STREET
(ClP NO. 800048)
Recommendation: Defer implementation of the subject project to a future fiscal year
and direct staff to monitor the, location and return the project for Council
consideration when traffic conditions indicate that installation of a traffic signal is
appropriate as recommended by the Public Works Department/Engineering Division.
RESOLUTION NO. 95-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REOUESTING THAT THE ORANGE COUNTY BOARD OF
SUPERVISORS CONDUCT EVENING MEETINGS AND PROVIDE TWO PUBLIC INPUT
Council Agenda 4 February 21, 1995
OPPORTUNITIES F' ~NG THE MEETINGS.
Recommendation' ....,opt Resolution No. 95-25 reque~..~ the Orange County Board
of Supervisors conduct evening meetings and provide an opportunity for the public
to address the Board as recommended by the Office of the City Clerk.
14.
RESOLUTION NO. 95-19 - A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF CONFIDENTIAL
EMPLOYEES
Recommendation: Adopt Resolution No. 95-19 granting confidential employees the .
same compensation and benefits as other general employees as recommended by
Personnel Services.
15.
STATUS REPORT- COMMUNITY ADVISORY COMMITTEE
Recommendation' ReCeive and file subject report as recommended by Community
Services Department.
16.
RESOLUTION NO. 95-2.4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING
RECORDATION OF NOTICE OF COMPLETION FOR .THE WATER MAIN
REPLACEMENT FOR NEWPORT AVENUE AND WARREN AVENUE, PROJECT NO.
600101
Recommendation' Adopt Resolution No. 95-24 accepting said work and authoriZing
the recordation of the Notice of Completion as recommended by the Public Works
Department/Engineering Division.
17.
PLANNING COMMISSION ACTION AGENDA - FEBRUARY 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 February 13, 1995.
18.
NEW MEMBERS FOR THE TUSTIN COMMUNITY FOUNDATION BOARD OF
DIRECTORS
Recommendation: Appoint Carol Schroeder and Ileana Lopez to the Board of
Directors of the Tustin Community Foundation as recommended by the Foundation
Board of Directors and Community Services Department.
REGULAR BUSINESS (ITEMS 19 THROUGH 26)
19. IMPLEMENTATION OF REVISED CONSTRUCTION NOISE REGULATIONS
Ordinance No. 1143 was introduced at the February 6, 1995 City Council meeting
and will establish expanded construction hours and days, and eliminate ambiguities
that existed in the previous constrvction noise regulations.
Recommendation' Have second reading by title only and adopt the' following
Ordinance No. 1143 (roll call vOte):
ORDINANCE NO. 1143 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF THE
TUSTIN CITY CODE, HEALTH AND SANITATION
Council Agenda 5 February 21, 1995
20. CITY COUNCIL/"' '/IMISSIONS AND COMMITTEE,r LATIONSHIPS
At the City Council meeting of February 6, 1995, Councilmember Thomas requested
this subject be agendized for Council discussion.
Recommendation: Pleasure of the City Council.
21. ORANGE COUNTY BANKRUPTCY STATUS
Mayor Saltarelli and the City Manager will give verbal presentations on the status of
the Orange County bankruptcy and its impact on the City.
Recommendation: Pleasure of the City Council.
22. GRAD NITE 1995 REQUEST FOR CONTRIBUTION
The Tustin High School Grad Nite Committee has requested a donation from the City
of Tustin in'the amount of $4,000.00.
Recommendation: Pleasure of the City Council.
23. STATUS OF ZONING ORDINANCE AMENDMENTS
Councilmember Thomas has requested this subject be agendized for Council
discussion.
Recommendation: Pleasure of the City Council.
24. 1995 AUDITOR SELECTION
In compliance with Ordinance No. 1135, staff advertised for professional auditing
services to begin with the June 30, 1995 fiscal year end and continue through the
June 30, 1999 year end.
Recommendation: Select the firm of Moreland and Associates. as the City auditors
for the five-year period beginning 1995 through 1999 as recommended by the Audit
Committee.
25. SMOKING ORDINANCE
Assembly Bill 13 became effective on January 1, 1995, and the City's smoking
ordinance is being reviewed.
Recommendation' Pleasure of the~ity Council.
26. MID-YEAR BUDGET REVIEW
Report addressing issues related to review of the budget at the mid-year period.
Recommendation: Pleasure of the City Council.
Council Agenda 6 February 21, 1995