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HomeMy WebLinkAbout00 AGENDA 11-04-91AGENDA .;ITY COUNCIL REGULAR MEET1 CITY OF TUSTIN NOVEMBER 41 1991 - 7:00 P.M. The City Council meets the first and third Monday of each month at 7:00 p.m. in the City Council Chambers at 300 Centennial Way.. This agenda contains a brief general description of each item to be considered. Any person having a question concerning an item may call the City Clerk for clarification. Except as otherwise provided by law, no action shall be taken on any item not appearing in the following agenda. Copies of staff reports pertaining to this agenda are available for public use in the City Council agenda books located in the Police Department and the Tustin Public Library. These same books are also provided for public use in the Council Chambers during the Council meeting. Listening devices for the hearing impaired are available upon request from the City Clerk. Smoking is prohibited in the Council Chambers; however, if you desire to smoke, an outside speaker has been provided. I. CALL TO ORDER/PLEDGE OF ALLEGIANCE II. INVOCATION - The Invocation will be given by Rev. Dr. James Witty, Tustin Presbyterian Church. :II. ROLL CALL IV. PROCLAMATIONS 1. ETHEL REYNOLDS,,PARENTS WHO CARE 2. TILLER DAYS/PARADE COMMITTEE V. PUBLIC HEARINGS 1. 1992-93 PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (18TH YEAR APPLICATION) For the past seventeen years, federally funded Community Development Block Grant monies have been available to local jurisdictions to assist in the elimination of urban blight. Recommendation: Adopt the following Resolution No. 91-143 approving the 1992-93 application for the proposed use of Community Development Block Grant (CDBG) funds as recommended by the Community Development Department: RESOLUTION NO. 91-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY'S 1992-93 APPLICATION FOR HOUSING AND COMMUNITY DEVELOPMENT FUNDS AND AUTHORIZING SUBMISSION OF SUCH APPLICATION TO THE COUNTY OF ORANGE CITY COUNCIL AGENDA PAGE 1 NOVEMBER 41 1991 2. ORDINANCE ESTABLISH THE GRAFFITI/SPIL PAINT PROGRAM One component of the Community Improvement Partnership Program (CIPP) is a graffiti abatement element intended to facilitate the removal of graffiti from private property occurring within the community. Recommendation: Have first reading by title only and introduction of the following Ordinance No. 1079 establishing the Graffiti/ Spray Paint Program as recommended by the Community Development Department: ORDINANCE NO. 1079 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING ARTICLE 5, CHAPTER 71 TO THE TUSTIN CITY CODE ENTITLED GRAFFITI/SPRAY PAINT PROGRAM 3. ORDINANCE TO ESTABLISH MINIMUM PROPERTY MAINTENANCE STANDARDS One of the many programs supported by the City Council to achieve the goals of the Community Improvement Partnership Program (CIPP) is the development and implementation of a revised Property Maintenance Nuisance ordinance. Recommendation: Have first reading by title only and introduction of the following Ordinance No. 1080 establishing minimum property maintenance standards for the City as recommended by the Community Development Department: ORDINANCE NO. 1080 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, CHAPTER 5, OF THE TUSTIN CITY CODE IN ITS ENTIRETY RELATING TO THE ESTABLISHMENT OF MINIMUM PROPERTY MAINTENANCE STANDARDS VI. 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 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. VII. CONSENT CALENDAR - 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 - OCTOBER 21 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 21, 1991. CITY COUNCIL AGENDA PAGE 2 NOVEMBER 4,.1991 2. APPROVAL Ot iMANDS AND RATIFICATION OF YROLL Recommend, mon: Approve Demands in ti. amount of $1,418,573.78 and ratify Payroll in the amount of $297,860.44. 3. GENERAL MUNICIPAL ELECTION - APRIL 14, 1992 RESOLUTION NO. 91-139 - A RESrOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1992 Recommendation: Adopt Resolution No. 91-139 requesting the County of Orange render specified services for the election; and RESOLUTION NO. 91-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1992 Recommendation: Adopt Resolution No. 91-140 establishing regulations for candidates' statements; and RESOLUTION NO. 91-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF THE. HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1992, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWSOF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES Recommendation: Adopt Resolution No. 91-141 calling and giving notice of the April 14, 1992 General Municipal Election as recommended by the Office of the City Clerk. 4. REJECTION OF CLAIM NO. 91-36 - CLAIMANT, RICHARD A. VASILIA; DATE OF LOSS, 7/16/91; DATE FILED WITH CITY, 8/6/91 Recommendation: Reject subject claim for personal injury damages in the amount of $23,000.00 as recommended by the City Attorney. 5. REJECTION OF CLAIM NO. 91-46 - CLAIMANT, MARK LINTON; DATE OF LOSS, 4/18/91; DATE FILED WITH CITY, 9/27/91 Recommendation: Reject subject claim for personal injury and general damages of an undetermined amount as recommended by the City Attorney. 6. AWARD OF BID FOR LAUREL GLEN PARK - TRACT 12763 Recommendation: Award subject contract for construction of Laurel Glen Park, Tract 12763, to Valley Crest Landscape in the amount of $292,486.80 as recommended by the Community Services Department. 7. RESOLUTION NO. 91-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR PARK LIGHTING AT MAGNOLIA TREE PARK Recommendation: Accept the public improvements installed by Building Energy Consultants at Magnolia Tree Park by adopting Resolution No. 91-142, and authorizing the City Clerk to file the Notice of Completion with the County Recorder's Office as recommended by the Community Services Department. CITY COUNCIL AGENDA PAGE 3 NOVEMBER 4, 1991 S. QUITCLAIM ;PERPETUAL EASEMENT RIGS' TO COUNTY OF ORANGE ENVIRONMEW,- MANAGEMENT AGENCY Recommendation: Approve the quitclaim of the City's easement rights to Parcel Two adjacent to Peters Canyon Wash in trade for an encroachment permit over the covered portion of E1 Modena - Irvine Channel adjacent to the proposed synagogue site as recommended by the Public Works Department/Engineering Division. 9. CITY WATER SYSTEM HYDRAULIC NETWORK ANALYSIS MODEL Recommendation: Authorize staff to solicit proposals for the preparation of a computer hydraulic network analysis model of the City's water system as recommended by the Public Works Department/Water Division. 10. VESTING TENTATIVE TRACT MAP 1.4366 RESOLUTION NO. 91-144 - 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 VESTING TENTATIVE TRACT MAP 14366 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Approve the Environmental Determination for the project by adopting Resolution No. 91-144; and RESOLUTION NO. 91-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 14366 TO CREATE 91 NUMBERED AND 7 LETTERED LOTS FOR A SINGLE- FAMILY RESIDENTIAL PROJECT LOCATED ON LOTS 5, 6, J AND P OF TRACT 13627 Recommendation: Approve Vesting Tentative Tract Map 14366 by adopting Resolution No. 91-145, subject to conditions contained in Exhibit A of Planning Commission Resolution No. 2960 as recommended by the Community Development Department. 11. DECLARATION OF SURPLUS VEHICLES AND WORK EQUIPMENT Recommendation: Declare specified equipment surplus, not required for public use, and authorize the Public Works Department to dispose of equipment in accordance with Ordinance No. 871 as recommended by the Public Works Department/Field Services Division. VIII. ORDINANCES FOR INTRODUCTION - None I8. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 1078, ZONE CHANGE 91-01 (FOOTHILL COMMUNITY BUILDERS) The following Ordinance No. 1078 had first reading by title only and introduction at the October 21, 1991 City Council meeting: ORDINANCE NO. 1078 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 91-01 TO AMEND THE EAST TUSTIN SPECIFIC PLAN LAND USE MAP TO CHANGE THE LAND USE CATEGORY IN THE VICINITY OF LOT 11 OF TRACT 13627 FROM LOW DENSITY TO MEDIUM DENSITY RESIDENTIAL WITH A MAXIMUM DENSITY OF TEN DWELLING UNITS PER ACRE CITY COUNCIL AGENDA PAGE 4 NOVEMBER 4, 1991 X. %I. Recommendat �: Have second reading by le only and adoption of Ordinance h '1078 (roll call vote). OLD BUSINESS 1. REVIEW OF STATE CONTROLLERIS REPORT ON THE COMPREHENSIVE FISCAL ANALYSIS FOR INCORPORATION OF NORTH TUSTIN The State Controller's office has completed their audit of the Comprehensive Fiscal Analysis for Incorporation of North Tustin. The Community Development Department has asked selected City departments to review the findings and conclusions of the report in the areas in which each departments was most knowledgeable. Recommendation: Pleasure of the City Council.• 2. ALCOHOL DRUG AND RECOVERY FACILITIES At the October 7, 1991 City Council meeting, a group of residents from the Yorba Street, Linda Lane, Laurie Lane, and Rosalind Drive neighborhood presented a petition objecting to the licensing of a third Drug and Alcohol -Recovery Facility in their neighborhood. Recommendation by the Community Development Department: a. Authorize the Mayor to transmit correspondence to local State legislators, the League of California Cities, and surrounding cities requesting support for modification to State law relating to licensing of community care and drug and alcohol recovery facilities. b. Instruct staff to initiate.a code enforcement action against Recovery Homes of America facilities at 13682 Yorba Street, 13671 Rosalind Drive and 13681 Rosalind Drive and to take whatever follow-up activities necessary to gain code compliance including initiating legal action through the City Attorney's office. NEW BUSINESS 1. FEE WAIVER- DINOSAUR DASH (TUSTIN PUBLIC SCHOOLS FOUNDATION) The Tustin Public Schools Foundation is holding a 5K Dinosaur Dash on December 1, 1991, to raise funds to provide teacher grants in the classroom, staff training, workshops and seminars. The Foundation is requesting that the City Council waive fees for the services of the Police and Public Works Departments. Recommendation: Pleasure of the City Council. 2. YORBA STREET TREE REMOVAL/REPLACEMENT As a result of residents' concerns, staff has prepared a three - option program with regards to removal/replacement of the trees along the easterly side of Yorba Street. Recommendation: Approve removal of the ficus trees along the easterly side of Yorba Street between Vinewood Avenue and Jacaranda Avenue under Option No. 3, spread over a one-year phasing period, and a replacement program utilizing a 15 -gallon CITY COUNCIL AGENDA PAGE 5 NOVEMBER 4, 1991 size bradf A pear tree as recommen,' by the Public Works Department, 3ineering and Field ServiL Divisions. %II. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - OCTOBER 28, 1991 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of October 28, 1991. 2. SIGNAL TIMING ON CARROLL WAY AT SEVENTEENTH STREET A request was made by Councilmember Edgar, at the October 21, 1991 Council meeting, to investigate the problem with timing of the traffic signal on Carroll Way at Seventeenth Street. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 3. LOCAL PROGRAMMING ON COMMUNITY CABLEVISION Pursuant to the request of Councilmember Potts, staff investigated the possibility of Community Cablevision expanding its existing amount of local programming to those customers it serves in Tustin. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 4. RESTRIPING OF NEWPORT AVENUE BETWEEN NISSON ROAD AND EL CAMINO REAL AS WELL AS EL CAMINO WAY Councilmember Edgar, at the City Council meeting of October 21, 1991, requested a review of the striping changes due to the continuing heavy congestion on Newport Avenue near the I-5 freeway. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. S. STATUS OF UNREINFORCED MASONRY BUILDING SEISMIC RETROFIT At the City Council meeting on October 21, 1991, Mayor Pro Tem Pontious requested a status report of the seismic retrofitting of unreinforced masonry buildings in Tustin. Recommendation: Receive and file subject report as recommended by the Community Development Department. 6. LEGAL SERVICES Councilmember Potts had requested a report on City Attorney fees and legal costs for the past two years. This report will be ready for the November 18, 1991 City Council meeting. Recommendation: Receive and file subject report as recommended by the City Manager. CITY COUNCIL AGENDA PAGE 6 NOVEMBER 4, 1991 XIII. PUBLIC INPUT XIV. OTHER BUSINESS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY COUNCIL XV. CLOSED SESSION The City Council will recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957; and pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Gertrude Page vs. the City of Tustin and the case number is 62-27-43; and Richard Page vs. the City of Tustin, case number SACV 900010AHS (RWRX) . XVI. ADJOURNMENT The City Council has scheduled a joint meeting with the Tustin Unified School District Board of Education on November 5, 1991, 6:30 p.m., at the Tustin Area Senior Center. The next regular meeting of the City Council is scheduled for Monday, November 18, 1991, at 7:00 p.m. CITY COUNCIL AGENDA PAGE 7 NOVEMBER 4, 1991