HomeMy WebLinkAboutAGENDA 09-18-89 AGENDA OF A I~GULAR MEETING
·
OF THE TUSTIN CITY COUNC'
CObNCIL CHAMBERS, 300 CENTENNiaL WAY
SEPTEMBER 18, 1989
7:00 P.M.
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 books located at the Police Department, Tustin Library and, on
the evening of the meeting, at the rear of the Council Chambers. 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
III. ROLL CALL
IV. PUBLIC HEARINGS
1. APPEAL OF VARIANCE 89-10
Staff has been contacted by the applicant who has requested
continuation of the scheduled hearing to submit additional
information.
Recommendation: Continue the Public Hearing on this matter until
October 2, 1989, as recommended by the Community Development
Department.
PUBLIC HEARING FOR THE PURPOSE OF DECLARING A PUBLIC NUISANCE -
13151 I~tNCHWOOD ROAD
In addition to the background provided in the staff report, staff
reports that there have been no actions by the property owner to
abate conditions on the property or to contact the City for
guidance.
Recommendation: After conducting the required PubliC Hearing~i{~
is recommended that the City Council declare the property at 13151
Ranchwood Road a public nuisance per Sections 4411 and 5501 of the
City Code and set forth a 30 day abatement period listing the
required actions by which the property owner must clean said
violation(s) by adoption of the following Resolution No. 89-138
as recommended by the Community Development Department:
RESOLUTION NO. 89-138 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN,.CALIFORNIA, DETERMINING THAT CERTAIN CONDITIONS
ON THE PROPERTY LOCATED AT 13151 RANCHWOOD ROAD (AP# 500-011-24)
CONSTITUTES A PUBLIC NUISANCE AND HEREBY ORDERING ABATEMENT OF
SAID NUISANCE
city Council Agenda Page 1 9-18-89
3 · ZONE CHANGE 9- 0 2
At the August 28, 1989 Planning Commission meeting, the Commission
adopted Resolution No. 2667, recommending approval to the City
Council of Zone Change 89-02 and Resolution No. 2668 conditionally
approving Design Review 89-52, a proposal for a 5,825 sq. ft.
retail center and certain lot consolidation and reciprocal
parking/access bonuses pursuant to the First Street Specific Plan.
Recommendation by the Community Development Department:
(1) Certify the final Negative Declaration for the project as
adequate by adoption of the following Resolution No. 89-137:
RESOLUTION NO. 89-137 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR ZONE CHANGE 89-02 AND DESIGN
REVIEW 89-52 AND CERTAIN RECIPROCAL ACCESS AND LOT
CONSOLIDATION BONUSES, INCLUDING REQUIRED FINDINGS PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(2) That the following Ordinance No. 1030, for Zone Change 89-
02, have first reading by title only and be introduced:
ORDINANCE NO. 1030 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 89-02, TO
CHANGE THE LAND USE DESIGNATION OF THE FIRST STREET SPECIFIC
PLAN FROM "OFFICE AS PRIMARY USE" TO "COMMERCIAL AS PRIMARY
USE" ON THE PROPERTY LOCATED AT 640 WEST FIRST STREET./
4. APPEAL OF PLANNING COMMISSION ACTION, CONDITIONAL USE PERMIT 89-
25 AND DESIGN REVIEW 88-66
Oh August 28, 1989, the Planning Commission adopted Resolution No.
2659 denying Conditional Use Permit 89-25/Design Review 88-66, a
proposal to authorize establishment of a 5,000 square foot full
service car wash to be located at 240 E. First Street. The
applicant has appealed the decision of the Planning Commission to
the City Council for consideration.
Recommendation: Uphold the Planning Commission action to deny
Conditional Use Permit/Design Review 88-66 by adoption of the
following Resolution No. 89-139 as recommended by the Community
Development Department:
RESOLUTION NO. 89-139 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S
ACTION TO DENY CONDITIONAL USE PERMIT 89-25/DESIGN REVIEW 88-66,
A REQUEST TO AUTHORIZE ESTABLISHMENT OF A FULL SERVICE CAR WASH
LOCATED AT 240 E. FIRST STREET
APPEAL OF PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 87-37AND
AME~~ TO USE PERMIT 87-30
The Planning Commission originally approved Design Review 87-37
for the Tustin Market Place in January of 1988.
City Council Agenda Page 2 9-18-89
Recommendat' !.by Community Developmen+' Department:
(1)'Adopt the following Resolution No. 89-140, certifying that
Final EIR 85-2 for the East Tustin Specific Plan is adequate
to serve as the Program EIR for this pro~ect: ~ ~
RESOLUTION NO. 89-140 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN
SPECIFIC PLAN, AS AMENDED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS
AND ADDENDA IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR
DESIGN REVIEW 87-37 AND AN AMENDMENT TO USE PERMIT 87-30 AND
ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS
REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(2) Adopt the following Resolution No. 89-141, approving Design
Review 87-37 and amending Use Permit 87-30 as submitted or
revised:
RESOLUTION NO. 89-141 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION ACTION ON DESIGN REVIEW 87-37 FOR THE
THEATRE/RETAIL FACILITY OF THE NORTH ENTERTAINMENT VILLAGE
OF THE TUSTIN MARKET PLACE AND AMENDING CUP 87-30, REVISING
THE LOCATION AND DESIGN OF THE PERMITTED TOWER OVER 50' IN
HEIGHT IN THE THEATRE/RETAIL FACILITY OF THE NORTH
ENTERTAINMENT VILLAGE
PUBLIC INPUT
(At this time members of the public may address the City Council
regarding any items not on the agenda within the subject matter
jurisdiction of the City Council provided that NO action may be taken
on off-agenda items unless authorized by law. )
VI. CONSENT CALENDAR
Ail matters listed unde= 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 5, 1989, ADJOURNED REGULAR MEETING
APPROVAL OF DEMANDS IN THE AMOUNT OF $2,669,529.86
RATIFICATION OF PAYROLL IN THE AMOUNT OF $203,620.87
ENTRY SIGNS - AUTHORIZATION TO SOLICIT BIDS
Authorize solicitation of bids for the installation of new entry
signs as recommended by the Community Development Department.
4. RESOLUTION NO. 89-143 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO.
89-3
Adopt Resolution No. 89-143 approving Lot Line Adjustment No.
89-3 as recommended by the Public Works Department/Engineering
Division.
city Council Agenda Page 3 9-18-89
$. RESOLUTION KO. 89-144 - A RESOLUTION O~ THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CONSTRUCTION
OF SIDEWALKS AND WHEELCHAIR RAMPS, SB821 PROJECT, 1988-89 FISCAL
YEAR
Adopt Resolution No. 89-144 accepting said work and authorizing
the recordation of the Notice of Completion as recommended by
the Public Works Department/Engineering Division.
6. RESOLUTION NO. 89-142 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY
OF THE SECOND SUPPLEMENTAL INDENTURE OF TRUST AND AUTHORIZING
CERTAIN RELATED MATTERS
Adopt Resolution 89-142 approving the Second Supplemental
Indenture amending~the Original Indenture and authorizing the
Mayor or Mayor Pro Tem to execute the Amended Indenture as
recommended by the Director of Finance.
7. LAW ENFORCEMENT/PUBLIC WORKS COMMUNICATION SYSTEM TRUST FUND
Authorize the City Finance Director to deposit funds in the
County of Orange's Law Enforcement/Public Works Communications
System Trust Fund, and transfer $142,125 from the appropriated
reserves in the Capital Improvement Fund to ~he General Fund for
the first deposit for Police and Public Works and appropriate
$9,200 from the unappropriated reserves of the Water Fund for
it's proportionate share, for a total appropriation from all
funds of $151,325 as recommended by the Director of Finance.
7II. ORDINANCES FOR INTRODUCTION - None
VIII. ORDINANCES FOR ADOPTION - None
IX. OLD BUSINESS
1. AIRPORT STATUS REPORT - JOHN WAYNE AIRPORT (JWA) · AIRPORT SITE
COALITION (ASC), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION
(CRAS) · AND HELICOPTER OVERFLIGHTS TASK FORCE (HOPTF)
Update on the John Wayne Airport Noise Monitoring Program (JWA),
Coalition for a Responsible Airport Solution (CRAS), Airport Site
Coalition (ASC) and Helicopter Overflight Program Task Force
(HOPTF).
Recommendation: 1) Provide direction~ to staff regarding
contribution to CRAS, and 2) Receive and file subject report as
recommended by the Community Development Department.
CIVIC CENTER EXPANSION/RENOVATION
Pursuant to concerns expressed by Councilman Prescott, staff has
asked John Bates, the City's architect on the civic center
project, to provide additional narrative and graphic information
on the design of the Council Chambers.
Recommendation: Pleasure of the City Council.
City Council'Agenda Page 4 9-18-89
APPROVAL OF MIND's'ES OF AUGUST 21, 1989 2~,. TRANSCRIPT OF
ORDINANCES FOR INTRODUCTION - ORDINANCE NO. 1027v COUNCIL
REORGANIZATION
Staff was unable to tell from the cassette tapes or the video tape
what the vote on New Business No. 1 was. The City Clerk and the
Deputy City Clerk both recorded the vote as the original motion
failed 1-4. Kennedy, Edgar, Kelly. and Hoesterey opposed.
Councilman Kelly was unable to recall his vote in question.
Recommendation: Approval of Minutes.
X. NEW BUSINESS
1. AW]t~tD OF.CONTRACT FOR THE ASPHALTIC CONCRETE PAVEMENT OVERLAY OF
EAST TUSTIN STREETS
Five sealed bids were received and opened on September 12, 1989.
The low bid from Sully-Miller Contracting was 5.8% under the
engineer's estimate of $523,000.00.
Recommendation: Award the contract for the subject project to the
low bidder, Sully-Miller Contracting Company, Orange, California,
in the amount of $492,655.85 as recommended by the Public Works
Department/Engineering Division.
2. FIRE SAFETY
At the August 21, 1989 C~ty Council meeting, Councilman Kelly
raised fire safety concerns concerning property at 14982 Red Hill
and 275 E. Sixth Street.
Recommendation: Receive and file subject report as recommended
by the Community Development Department.
3. NEWSPAPER STANDS - PUBLIC RIGHT-OF-WAY
Councilman Prescott requested that Section 7212 of the Tustin
Municipal Code be placed on the agenda for discussion.
Recommendation: Pleasure of the City Council.
XI. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 11v 1989
Ail 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
September 11, 1989.
STATUS REPORT ON 200 EL CAMINO REAL - PACIFIC MEAT COMPANY
The Building Official has contacted Security Pacific Bank and
Aetna Insurance Company, the only two parties who show an interest
in subject property.
City Council Agenda Page 5 9-18-89
Recommenda~ ,n: Receive and file sub-' ~,t report as recommended
by the Community Development Department.
STATUS OF STREET NAMING COMMITTEE
Mayor Kennedy, at the September 5, 1989 City Council meeting,
requested a status report on the Street Naming Committee.
Recommendation: Receive and file subject report as recommended
by the Community Development Department.
4. INVESTMENT SCHEDULE AS OF AUGUST 31, 1989
Recommendation: Receive and file.
NEIGHBORHOOD IMPROVEMENT PROGRAMACTIVITY ON SYCAMORE/NEWPORT AREA
Recommendation: Direct staff to conduct regular code enforcement
action on proper'ties in violation of City Code(s) as recommended
by the Community Development Department and Police Department.
XII. PUBLIC INPUT
xxxx. UST SS
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY COUNCIL
XIV. ADJOURNMENT - To the next RegUlar Meeting on October 2, 1989.
City Council Agenda Page 6 9-18-89