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HomeMy WebLinkAbout00 AGENDA 05-06-91AGENDA REGUI. MEETING OF THE TUSTIN CI: yOUNCIL MAY 61 1991 The City Council meets the first and third Monday of each month at 7:00 p.m. in the City Council Chamber 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's office 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 Library. These same books are also provided for public use in the Council Chamber during the Council meeting. Listening devices for the hearing impaired are available upon request from the City Clerk. Smoking is prohibited in the Council Chamber; 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 Chaplain Brown, Marine Corps Air Station. III. ROLL CALL IV. PROCLAMATIONS 1. FIRE SERVICE RECOGNITION DAY - MAY ill 1991 2. TUSTIN OLDER AMERICANS MONTH 3. CELEBRATE THE FAMILY WEER - MAY 12-18, 1991 4. CLEAN AIR WEER - MAY 6-12, 1991 V. PUBLIC HEARINGS 1. RESOLUTION NO. 91-49, ESTABLISHING TRANSPORTATION DEMAND MANAGEMENT FEES FOR SPECIFIED NEW DEVELOPMENT PROJECTS Transportation Demand Management Requirements Ordinance No. 1062 provides a mechanism for collection of certain fees for recovery Of City costs and penalties by resolution of the City Council. Recommendation: Adopt the following Resolution No. 91-49 establishing Transportation Demand Management Fees for Specified New Development Projects as recommended by the Congestion Management Team: RESOLUTION NO. 91-49 - A RESOLUTION OF THE CITY COUNCIL OF THE - CITY OF TUSTIN, CALIFORNIA, ESTABLISHING TRANSPORTATION DEMAND FEES FOR SPECIFIED NEW DEVELOPMENT PROJECTS CITY COUNCIL AGENDA PAGE 1 MAY 61, 1991 2. APPEAL OF NDITIONAL USE PERMIT 91-C 305 EAST MAIN STREET The property owners of 305 East Main Street, Tustin Masonic Temple Association, have filed an appeal related to Condition No. 2.1(c)(2) of Planning Commission Resolution No. 2888. Recommendation: Uphold Planning Commission Resolution No. 2888 by adoption of the following Resolution No. 91-64 as recommended by the Community Development Department: RESOLUTION NO. -91-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN I CALIFORNIA, UPHOLDING CONDITION NO. 2.1(C) (2 ) OF PLANNING COMMISSION RESOLUTION NO. 2888 WHICH AUTHORIZED CONDITIONAL USE PERMIT 91-04 AT THE PROPERTY LOCATED AT 305 EAST MAIN STREET 3. GENERAL PLAN EXTENSION REQUEST Section 65361 of the California Government Code authorizes the State Office of Planning and Research to grant local jurisdictions up to a one-year extension of time in order to complete and adopt revisions to the mandatory elements of a General Plan. Recommendation: Adopt the following Resolution No. 91-44 requesting that the State Office of Planning and Research approve a 12 -month extension for City preparation and adoption of an updated General Plan as recommended by the Community Development Department: RESOLUTION NO. 91-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING AN EXTENSION OF TIME TO REVISE THE CITY OF TUSTIN GENERAL PLAN 4. APPEAL OF AMENDMENT TO CONDITIONAL USE PERMIT 89-45 (COLONIAL BIBLE CHURCH) The applicant has appealed the Planning Commission's decision to defer installation of sidewalks up to six months from issuance of Certificate of Occupancy and is requesting the City Council relieve them entirely from the obligation to install sidewalks adjacent to 14450 Chambers Road. Recommendation: Pleasure of the City Council. 5. AMENDMENTS TO THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN The California State Legislature approved Tanner Bill 2948 which requires each county in the state to prepare a Hazardous Waste Management Plan. As the lead agency, the County of Orange has worked with representatives from many Orange County cities, including Tustin, to prepare the Plan and its accompanying Environmental Impact Report in accordance with the California Environmental Quality Act. Recommendation by the Community Development Department: a. Determine that the previously approved Final EIR is adequate for consideration of the Orange County Hazardous Waste CITY COUNCIL AGENDA PAGE 2 MAY 6, 1991 Manag" `nt Plan, as amended, by ption of the following Resol on No. 91-67: RESOLUTION NO. 91-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN IS ADEQUATE TO SERVE AS THE EIR FOR THE PROGRAM, AS AMENDED, BY THE COUNTY AND THAT ALL FEASIBLE MITIGATION MEASURES HAVE BEEN PREVIOUSLY INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT b. Approve the Amendments to the Orange County Hazardous Waste Management Plan by adoption of the following Resolution No. 91-65: RESOLUTION NO. 91-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING OF AMENDMENTS TO THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN 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 - APRIL 15, 1991 REGULAR MINUTES Recommendation: Approve the City Council Minutes of April 15, 1991. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $6,723,331.83 and ratify Payroll in the amount of $579,543.21. 3. DISPOSITION OF SURPLUS TRAILER Recommendation: Declare the specified item surplus and not required for public use; and authorize the City's purchasing agent to dispose of the item in accordance with Ordinance No. 871 as recommended by the Community Development Department. 4. AUTHORIZE PURCHASE OF FURNISHINGS FOR THE TUSTIN AREA SENIOR CENTER Recommendation: Authorize purchase of furnishings for the Tustin Area Senior Center in the amount of $9r744.75 from Vertex Business Interiors of Tustin as recommended by the Community Services Department. CITY COUNCIL AGENDA PAGE 3 MAY 64, 1991 5. TENTATIVE TJ `T MAPS 13030 AND 13038 RESOLUTION NO. 91-57 - 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 13030 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. 91-57; and RESOLUTION NO. 91-59 - 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 13038 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. 91-59; and RESOLUTION NO. 91-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 13030 Recommendation: Approve Tentative Tract Map No. 13030 by adopting Resolution No. 91-58; and RESOLUTION NO. 91-60 - A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. _ 13038 Recommendation: Approve Tentative Tract Map No. 13038 by adopting Resolution No. 91-60 as recommended by the Community Development Department. 6. VESTING TENTATIVE TRACT MAP NO. 14295 RESOLUTION NO. 91-61 - 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 14295 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. 91-61; and RESOLUTION NO. 91-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14295 TO CREATE SEVENTY-SEVEN (77) NUMBERED AND SEVEN (7) LETTERED LOTS FOR A SINGLE-FAMILY RESIDENTIAL PROJECT LOCATED ON LOTS 11 AA, BB, AND CC OF TRACT 13627 Recommendation: Approve Vesting Tentative Tract Map No. 14295 by adopting Resolution No. 91-62, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2899, as recommended by the Community Development Department. CITY COUNCIL AGENDA PAGE 4 MAY 61 1991 7. RESOLUTION 91-55 - A RESOLUTION O: 1E CITY COUNCIL OF THE CITY OF TUS'i+.4, CALIFORNIA, APPROVING Th,.. APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FACILITY FUNDS UNDER SB 821 Recommendation: Adopt Resolution No. 91-55 approving the application for Bicycle and/or Pedestrian Facility Funds under DB 821 as recommended by the Public Works Department/Engineering Division. 8. AWARD OF CONTRACT FOR SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, 1990-91 FISCAL YEAR Recommendation: Award the contract for the subject project to White Construction of West Covina, California, in the amount of $91,857.00 as recommended by the Public Works Department/ Engineering Division. 9. DECLARATION OF SURPLUS VEHICLES AND WORK EQUIPMENT Recommendation: Declare the equipment detailed in report as surplus and 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. 10. RESOLUTION NO. 91-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN COMMUNITY DEVELOPMENT DEPARTMENT RECORDS Recommendation: Adopt Resolution No. 91-63 authorizing 'the destruction of Community Development Department records pursuant to the authority granted by Sections 34090, 34090.5 of the Government Code of the State of California as recommended by the Community Development Department. 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS --TRACT NO. 13106 Recommendation: Accept the public improvements within Tract No. 13106 and authorize release of the following subdivision public improvement bonds: Faithful Performance Bond No. 11119071311, $264,000; Labor and Materials Bond No. 11119071311, $132,000; and Monumentation Bond No. 11119071329, $59,000 as recommended by the Public Works Department/Engineering Division. 12. AGREEMENT - ROGER ERNST i ASSOCIATES, AUCTIONEERS Recommendation: Authorize the City Manager to execute an auction agreement with Roger Ernst & Associates, Auctioneers, for the Police Department Annual Auction of surplus City property and bicycles as recommended by the Police Department. 13. POTLATCH CORPORATION - CLAIM AGAINST THE COUNTY SANITATION DISTRICT AND MEMBER CITIES Recommendation: Authorize the County Sanitation District to provide the City's legal defense related to litigation involving the District and its member cities as recommended by the City Manager. 14. FOURTH OF JULY FIREWORKS Recommendation: Authorize the City Manager to sign an agreement in the amount of $8,000 with Pyro-Spectaculars, Inc. to provide a pyro-music show for the Annual Fourth of July Celebration as recommended by the Community Services Department. CITY COUNCIL AGENDA PAGE 5 MAY 61 1991 15. PROPERTY PF TY TAX LITIGATION WITH TY `OUNTY OF ORANGE Recommend. -.,on: Approve the tentativ, agreement to settle for 22% of tax penalties impounded between July 1, 1985 and June 30, 1989 as recommended by the City Attorney. 16. RESOLUTION NO. 91-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 91-53 amending the City of Tustin Classification Plan as recommended by the Administrative Services Department. 17. RESOLUTION NO. 91-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING. PLANS AND SPECIFICATIONS FOR PROJECT I - CONSTRUCTION MAINTENANCE ACCESS RAMPS TO PARKS AND PROJECT II - CONSTRUCTION GREEN VALLEY SIDEWALK RELOCATION; AND AUTHORIZING THE ADVERTISEMENT OF BIDS Recommendation: Adopt Resolution No. 91-68 approving plans and specifications for the subject projects and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. VIII. ORDINANCES FOR INTRODUCTION 1. CURFEW ORDINANCE NO. 1068 ORDINANCE NO. 1068 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 6102 OF TITLE 6 "PUBLIC WELFARE" RELATING TO A CURFEW FOR MINORS Recommendation: Have first reading by title only and introduction of Ordinance No. 1068. 2. ORDINANCE NO. 1066 - ENFORCEMENT OF RECREATION VEHICLE PARKING ORDINANCE NO. 1066 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5330(e) AND REPEALING SECTION 5340(e) OF TITLE 5 RELATING TO THE STORAGE OF RECREATIONAL VEHICLES ON PUBLIC STREETS Recommendation: Have first reading by title only and introduction of Ordinance No. 1066. 3. ORDINANCE NO. 1056 - PROPOSED AMENDMENT TO TUSTIN CITY CODE SECTION 1140 ORDINANCE NO. 1056 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO ADMINISTRATIVE MANDAMUS Recommendation: Have first reading by title only and introduction of Ordinance No. 1056. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1064 - PROSPECT AVENUE UNDERGROUND DISTRICT NO. 12 The following Ordinance No. 1064 had first reading by title only and introduction at the April 15, 1991 City Council meeting: CITY COUNCIL AGENDA PAGE 6 MAY 6, 1991 X. XI. ORDINANCE N 1064 - AN ORDINANCE OF TH' "TY COUNCIL OF THE CITY OF TUSTIN, L__..,IFORNIA, ESTABLISHING UNDy_.4ROUND DISTRICT NO. 12, PROSPECT AVENUE, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION Recommendation: Have second reading by title only and adoption of Ordinance No. 1064 (roll call vote). 2. ORDINANCE NO. 1067 - DISORDERLY CONDUCT The following Ordinance No. 1067 had first reading by title only and introduction at the April 15, 1991 City Council meeting: ORDINANCE NO. 1067 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 6330 OF PART 3 OF CHAPTER 3 "DISORDERLY CONDUCT" OF TITLE 6 "PUBLIC WELFARE" OF THE MUNICIPAL CODE RELATING TO INDECENT CONDUCT Recommendation: Have second reading by title only and adoption of Ordinance No. 1067 (roll call vote). 3. ORDINANCE NO. 1065 - YORBA STREET UNDERGROUND DISTRICT NO. 13 The following Ordinance No. 1065 had first reading by title only and introduction at the April 15, 1991 City Council meeting: ORDINANCE NO. 1065 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND DISTRICT NO. 13, YORBA STREET, AND DECLARING ITS INTENTION TO ORDER THE- CONVERSION Recommendation: Have second reading by title only and adoption of Ordinance No. 1065 (roll call vote). OLD BUSINESS 1. FEEDBACK FOUNDATION REQUEST FOR FUNDING This report concerns the Feedback Foundations's request for funding of home -delivered meals in the amount of $8,649.00 Recommendation: Pleasure of the City Council. NEW BUSINESS 1. APPEALS BOARD - WATER RATIONING PROGRAM Based upon the initial response to the City's notification to water customers regarding water allocations, staff expects that appeals will be filed. Recommendation: Appoint a Water Appeals Board as recommended by the City Manager. 2. MEASURE "J" Councilman Prescott has requested a proposed resolution from "Taxpayers Against J" be placed on this agenda. Recommendation: Pleasure of the City Council. CITY COUNCIL AGENDA PAGE 7 MAY 61 1991 XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - APRIL 221 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 April 22, 1991. 2. "WELCOME HOME THE TROOPS" CELEBRATIONS Report outlines a "Welcome Home the Troops" theme in existing programs. Recommendation: Receive and file subject report as recommended by the Community Services Department. 3. TRAFFIC STUDY - NEWPORT AVENUE AT EL CAMINO WAY/I-5 NORTHBOUND ON- RAMP The City Council, at their April 1, 1991 Council meeting, requested the Engineering Department conduct a traffic study on Newport Avenue in the vicinity of E1 Camino Way/I-5 northbound on- ramp, in particular, the northbound left turning movement onto the I-5 northbound on-ramp. Recommendation: Approve the implementation of striping changes as shown in the traffic study as Exhibit 2 and recommend future monitoring of impacted areas on Newport Avenue as recommended by the Public Works Department/Engineering Division. 4. 1990-91 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT - QUARTERLY UPDATE Staff has prepared for the City Council's information a graphical charting report of the schedule/status for the 1990-91 Capital Improvement Program as of the fiscal year's third quarter. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 5. STATUS REPORT - EL CAMINO REAL RECONSTRUCTION AND WIDENING Caltrans, as part of the Santa Ana (I-5) freeway widening, is in the process of relocating, reconstructing and widening E1 Camino Real between Orange Street and Red Hill Avenue. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 6. INVESTMENT SCHEDULE AS OF MARCH 30, 1991 Investment schedule with maturities, 12 months or less. Recommendation: Receive and file subject report as recommended by the Finance Department. CITY COUNCIL AGENDA PAGE 8 MAY 61 1991 7. WORKSHOP KS FINANCING REPORT The report concerning alternatives for financing future parks will be submitted to the City Council the week of May 6, 1991. Recommendation: Schedule a City Council workshop in order that the consultant can provide a presentation on the report as recommended by the City Manager. 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 pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator concerning the purchase/sale/exchange/lease of properties located at (1) southeast corner of Prospect and Santa Clara Avenues and (2) northerly Vandenberg Avenue between Prospect Avenue and Enderle Center Drive. XVI. ADJOURNMENT The next regular meeting of the City Council is scheduled --for Monday, May 20, 1991, at 7:00 p.m. CITY COUNCIL AGENDA PAGE 9 MAY 61 1991