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HomeMy WebLinkAboutAGENDA 11-06-89 AGENDA OF A REGULAR MEETING _ ~ ~F THE TUSTIN CITY COUNCI' COl .L CHAMBERS, 300 CENTENNi NOVEMBER 6, 1989 7:00 P.M. 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 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 - The Invocation will be given by Elie Spitz, Rabbi of Congregational B'Nai Israel. III. ROLL CALL IV. PROCLAMATIONS 1. THANKSGIVING DAY - DAY OF. PRAYER 2. B'NAI B'RITH 146TH ANNIVERSARY · 3. NATIONAL FAMILY WEEK - NOVEMBER 19-25, 1989 V. PUBLIC HEARINGS 1. AMENDMENTS TO TUSTIN CITY CODE RELATED TO THE PERMITTED LOCATION OF SWIMMING POOL, SPA AND HOT TUB EQUIPMENT Current provisions of the Tustin City Code place restrictions on the placement of certain swimming pool, spa and hot tub equipment. Recommendation: That the following Ordinance No. 1034 have first reading by title only and introduction as recommended by the Community Development Department: ORDINANCE NO. 1034 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 8501h OF CHAPTER 5, ARTICLE 8 OF THE TUSTIN CITY CODE RELATED TO THE PERMITTED LOCATION OF SWIMMING POOL, SPA AND HOT TUB EQUIPMENT 2. APPEAL OF PLANNING COMMISSION, VARIANCE 89-09 (DYNACHEM) On September 11, 1989, the Planning Commission denied Variance 89- 09, a request to reduce required parking spaces to accommodate new mezzanine construction and other tenant improvements at the property located at 2631 Michelle Drive. CITY COUNCIL AGENDA PAGE 1 NOVEMBER 6, 1989 Recommendation: Uphold the Planning Commission action to deny Variance 8~ '. by adoption of the fo] ~ing Resolution No. 89- 155 as recc. ~nded by the Community D~ .opment Department: RESOLUTION NO. 89-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S ACTION TO DENY VARIANCE 89-09, A REQUEST TO REDUCE THE REQUIRED PARKING FROM 389 SPACES TO 357 SPACES TO ACCOMMODATE CERTAIN TENANT IMPROVEMENTS AT 2631 MICHELLE DRIVE IN PC-IND DISTRICT 3. ZONING CODE AMENDMENT 89-01 (14401 FRANKLIN AVENUE) The applicant is requesting amendment of Section VI.C of the Planned Community Industrial District for the Irvine Industrial Complex to add automotive service and repair as a conditionally permitted use. Recommendation by the Community Development Department: - 1. Certify the Final Negative Declaration for the project as adequate by adoption of the following Resolution No. 89-162: RESOLUTION NO. 89-162 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONING CODE AMENDMENT 89-01 AND CONDITIONAL USE PERMIT 89-35 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 2. 'That the following Ordinance No. 1035, for Zoning Code Amendment 89-01, have first reading by title only and introduction: VI. ORDINANCE NO. 1035 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 611, THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE TUSTIN/IRVINE INDUSTRIAL COMPLEX TO ADD AUTOMOTIVE'SERVICEAND REPAIR AS A PERMITTED USE IN THE INDUSTRIAL COMMERCIAL CONDITIONAL USE DESIGNATION SUBJECT TO A USE PERMIT 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 of.f-agenda items' unless authorized by law. ) VII. CONSENT CALENDAR Ail 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 16, 1989, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,203,098.67 RATIFICATION OF PAYROLL IN THE AMOUNT OF $215,252.80' CITY COUNCIL AGENDA PAGE 2 NOVEMBER 6, 1989 3. RESOLUTION NO. 89-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUS , CALIFORNIA, APPROVING 'AL PARCEL MAP 88-315 Adopt Rest .tion No. 89-163 approvin_ /inal Parcel Map 88-315 as recommended by the Community Development Department. 4. JACQUELINE M. THOMAS APPOINTMENT TO THE ORANGE COUNTY SENIOR ADVISORY COUNCIL Authorize staff to write appropriate letters to the Director of the League of California Cities, Orange County Division, to Supervisor Tom Riley and to the Chairman of the Advisory Council requesting Jacqueline Thomas' appointment as a two-year voting member of the Orange County Senior Citizen Advisory Council as recommended by the Community Services Department. 5. REJECTION OF CLAIM NO. 89-37; CLAIMANT-DAVID CRONAUER, DATE OF LO88-3/23/89, DATE FILED WITH CITY-9/5/89 Reject subject claim for personal injury of an undetermined amount as recommended by the City Attorney. 6. REJECTION OF CLAIM NO. 89-36; CLAIMANT-WALTER AND IRENE THOF~%S, DATE OF LOSS-3/3/89, DATE FILED WITH CITY-9/1/89 Reject subject claim for general damages in the amount '~f $1,000,000 as recommended by the City Attorney. 7. REJECTION OF CLAIM NO. 89-40; CLAIMANT-BARBARA OHLSSON, DATE OF LOSS-5/27/89, DATE FILED WITH CITY-9~20/89 Reject subject claim for property damages in the amount of $10,000 as recommended by the City Attorney. · 8. REJECTION OF CLAIM NO. 89-31; CLAIMANT-SHIRLEY LEWIS, DATE OF LOSS-8/1/89, DATE FILED WITH CITY-8/21/89 Reject subject claim for property and personal damages of an undetermined amount as recommended by the City Attorney. 9. ~ROFESSIONAL SERVICES.AGREEMENT FOR DESIGN OF VENTA STORM DRAIN (WALNUT AVENUE TO F-10 CHANNEL) Approve a professional services agreement with GPS Consulting Civil Engineers for design of the Venta Storm Drain project in the amount of $40,157.00, and authorize execution of the agreement by the Mayor and City Clerk as recommended by the Public Works Department/Engineering Division. 10. RIGHT-OF-WAY CERTIFICATION FOR JAMBOREE ROAD EXTENSION PROJECT, BA~CA PARKWAY TO EDINGER AVENUE Certify that all legal and physical possession and rights to enter have been obtained for A~P Project No. 1258 (Jamboree Road from Barranca Parkway to Edinger Avenue) and authorize the Mayor and City Clerk to execute the right-of-way certification document on behalf of the City as recommended by the Public Works Department/Engineering Division. 11. EL MODENA-IRVINE CHANNEL (FACILITY F07) IMPROVEMENTS BETWEEN THE SANTA ANA (I-5) FREEWAY AND DOWNSTREAM OF MICHELLE DRIVE Approve (1) Execution of the professional services agreement with the firm of Robert Bein, William Frost and Associates, in the amount of $35,320 to provide the engineering services for the design of the E1 Modena-Irvine Channel improvements between the I-5 Freeway and downstream of Michelle Drive and (2) Solicitation of proposals and execution of a professional CITY COUNCIL AGENDA PAGE 3 NOVEMBER 6, 1989 serVices agreement for the geotechnical services associated with the E1 Mod -Irvine Channel design as ~commended by the Public Works Depa ,,lent/Engineering Divisio~ 12. REHABILITATION OF FOOTHILL RESERVOIR Authorize staff to solicit bids for the installation of a fabric-reinforced Hypalon liner in the City's Foothill Reservoir as recommended by the Public Works Department/Engineering Division. 13. REQUEST FOR TREE REMOVALS Approve requests for tree removals at the following locations: 13612 Marshall Lane and 235 Main Street; and deny request for tree removal at the following location: 14192 S.W. Carfax as recommended by the Public Works Department/Engineering Division. 14. THIRD SUPPLEMENTAL AGREEMENT TO OCWD/CITY OF TUSTIN NITRATE REMOVAL DEMONSTRATION PROJECT AGREEMENT Approve the Third Supplemental Agreement to OCWD/City of Tustin Nitrate Removal Demonstration Project Agreement and aUthorize the Mayor to execute said agreement as recommended by the Public Works Department/Water Services Division. 15. DECLARATION OF SURPLUS VEHICLES AND WORK EQUIPMENT Approve (1) Declare specified equipment surplus, not required for public use and authorize disposal, (2) That Unit 3409, 1986 Chevrolet Caprice, be identified as the unit which will be donated to the Tustin Area Historical Society, authorized by the City Council on October 2, 1989 and (3) That the Tustin Unified School District be authorized to purchase one of the Police vehicles at an estimated value as recommended by the Public Works Department/Field Services Division. 16. VEHICLE PURCHASE' Authorize solicitation of bids for a utility vehicle to be assigned to COmmunity Development and transfer funds in the amount of $7,000.00 from the General Fund to support the purchase of said vehicle as recommended by the Public Works Department/Field Services Division. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1036 - ELECTION OF CITY COUNCILMEMBERS BY DISTRICT Councilman Kelly has requested the following Ordinance No. 1036 be agendized for City Council consideration: ORDINANCE NO. 1036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY SEVEN DISTRICTS AND.PROVIDING FOR SUBMITTING SUCH ORDINANCE TO THE REGISTERED VOTERS AT THE NEXT GENERAL ELECTION THAT IS MORE THAN 88 DAYS AFTER ADOPTION OF THIS ORDINANCE Recommendation: Pleasure of the City Council. 2. ORDINANCE NO. 1032 - CHANGING OF ELECTION DATE FROM NOVEMBER TO APRIL The following is a revised form of proposed Ordinance No. 1032 to CITY COUNCIL AGENDA PAGE 4 NOVEMBER 6, 1989 IX. Xo repeal Ordinance No. 980 which changed the City's election date from April ' ~ovember: ORDINANCE NO. 1032 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NO. 980WHICH REQUIRED THE CITY'S GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN NUMBERED YEARS, PURSUANT TO SECTION 36503.5 OF THE GOVERNMENT CODE Recommendation: Pleasure of the City Council. 3. ORDINANCE NO. 1033 - NEWSRACKS REGULATION The following Ordinance No. 1033 would prohibit the offering for sale in a newsrack in the public right-of-way material of the types which are commonly referred to as pornographic: ORDINANCE NO. 1033 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE REGARDING THE REGULATION OF NEWSRACKS Recommendation: Pleasure of the City Council. ORDINANCES FOR ADOPTION - None OLD BUSINESS 1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM (JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS), AIRPORT SIT~. COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM TASK FORC~ (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: Receive and file subject report as recommended by the Community Development Department. 2. GAS POWERED LEAF BLOWERS Pursuant to' direction from the City Council at the September 5, 1989 meeting, staff has requested and received information from other jurisdictions regarding ordinances and~or regulations for the use of gas powered leaf blowers. Recommendation: Pleasure of the City Council. 3. STATUS REPORT - 200 EL CAMINO (PACIFIC MEAT COMPANY) Report on demolition of the fire damaged substandard structure at 200 E1 Camino Real (formerly Pacific Meat Company). Recommendation: Authorize staff to obtain at least three demolition bids and order the demolition of a fire damaged structure by the lowest bidder as soon as possible and appropriate a maximum of $30,000 from general fund reserve for said work as recommended by the Community Development Department. CITY COUNCIL AGENDA PAGE 5 NOVEMBER 6, 1989 XI. I-5/SR-55 INTERCHANGE I~ECONSTRUCTION~ CONCERNS OF THE TUSTIN VILLAGE WAY ~-~EO~ERS ASSOCIATION During the October 16, 1989 City Cou~,cil meeting, staff was directed to place on the agenda an item to review the concerns of the Tustin Village Way. Homeowners' Association regarding the reconstruction of the I-5/SR-55 interchange. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 5. REQUEST FOR WAIVER OF STREET DEDICATION - IRVINE BOULEVARD At their meeting of October 16, 1989, the City Council reviewed a request from Chevron USA for the waiver of street dedication along Irvine Boulevard and Newport Avenue. Recommendation: Pleasure of the City Council. 6. JOINT POWERS AGREEMENT The City council at meetings on October 2 and October 16, 19S9, continued discussion on this matter pending concurrence by eaoch City on the proposed Joint Powers Agreement creating the Tustin- Santa Ana Transportation System Improvement Authority. Recommendation: Approve the Joint Powers Agreement and authorize the City Attorney to make minor changes if needed as recommended by the Community Development Department. 7. GREEN VALLEY BUILDING SETBACKS On August 21, 1989, a resident presented four concerns to the City Council. One concern was related to the substandard building setbacks from sidewalk/street right-of-way line. Recommendation: Pleasure of the City Council. 8. ON-STREET PARKING RESTRICTIONS DURING STREET SWEEPING 'HOURS As the result of a petition from Green Valley Avenue residents, the City Council at their meeting of September 5, 1989, discussed the potential of modifying the hours of on-street parking restrictions during street sweeping hours on Green Valley Avenue from 6:00 a.m. to 3:00 p.m. : . Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. NEW BUSINESS 1. REFUND OF FEES - L.P. REPERTORY COMPANY On October 4, 1989, the. L.P. Repertory Company requested a refund of fees paid in July of 1988 that included a variance, a conditional use permit, an environmental review, a sign permit and an electrical permit. Recommendation: Pleasure of the City Council. CITY COUNCIL AGENDA PAGE 6 NOVEMBER 6,1989 CONFLICT OF MEETINGS - CITY COUNCIL AND TUSTIN UNIFIED SCHOOL DISTRICT BOY OF EDUCATION City Council meetings and Tustin Unified School District Board of Education me.etings are both held on the first and third Mondays of the month. Recommendation: Pleasure of the City Council. 3. MUNICIPAL ELECTION DATE Councilman Prescott has requested the City Attorney's Office prepare an Ordinance setting the municipal election date in November of each even-numbered year, commencing in November 1992, and for that Ordinance to be submitted to the electorate. Recommendation: Pleasure of the City Council. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - OCTOBER 23, 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 October 23, 1989. 2. STATUS REPORT REGARDING MAGNOLIA TREE PARK Report on Peppertree Homeowners' Association concerns regarding' the shooting at Magnolia Tree Park. Recommendation: Receive and file subject report as recommended by the Administrative Services Department. · 3. COLONIAL BIBLE SCHOOL At the October 16, 1989 City Council meeting, a speaker addressed the Council regarding the temporary relocation of Colonial Bible School to Hope Christian Church located at 1372 Irvine Boulevard. Recommendation: Receive and file subject report as recommended by the Community Development Department. 4. WARNER AVENUE . BRIDGE CONSTRUCTION This report provides an update of the entire bridge demolition and reconstruction project to date beginning with the initial closure. of Warner Avenue. Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 5. INVESTMENT SCHEDULE, OCTOBER 31, 1989 city of Tustin Investment SChedule with maturities 12 months or less. CITY COUNCIL AGENDA PAGE 7 NOVEMBER 6, 1989 Recommendation: Receive and file subject report as recommended by the Fina' Department. XIII. PUBLIC' INPUT ~IV. 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 to decide whether to file legal action against the City of Santa Ana regarding the proposed Birtcher Development pursuant to Government Code Section 54956.9 (c) . XVI. ADJOURNMENT - To the next Regular Meeting on November 20, 1989, at 7:00 p.m. CITY COUNCIL AGENDA PAGE 8 NOVEMBER 6, 1989