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HomeMy WebLinkAboutCC Agenda 06-01-87 AGENDA OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS, 300 CENTENNIAL WAY JUNE 1, 1987 7:00 P.M. - This Agenda contains a brief general description of each item to be consid- ered. Any person having a question concerning an item may call the City Clerk's Office to make inquiry concerning the nature of same. Except as otherwise provided by law, no action shall be taken on any item not appearing in the following agenda. I. CALL TO ORDER/PLEDGE OF AJ. LEGIANCE/INVOCATION II. ROLL CALL I I I .PROCLAMATIONS 1. SARJU( COLEMAN, DIRECTOR, L. P. REPERTORY 2. KNIGHTS OF PYTHIAS, llJSTIN LODGE NO. 85 3. JOHN O. BRADLEY, I~IEMBER OF KNIGHTS OF PYllII/LS, FOR COI~I, IUNITY SERVICE IV. PUBLIC HEAJ~I NGS 1. APPEAL OF PLANNING COIt"IISSION DENIAL OF USE PERMIT 87-6 - 14082 RED HILL AVENUE AT NISSON ROAD - RESOLUTION NO. 87-60 On April 20, 1987, Planning Commission denied Use Permit 87-6 for an off-site beer and wine sales license in conjunction with a gas station and mini market use based on non-conformance to recently adopted distance requirements for off-site sales establishments and overconcentration of outlets in the area (within 1,000 feet of four other off-site sales establishments). RESOLUTION NO. 87-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF USE PERMIT 87-6 FOR AN OFF-SITE BEER AND WINE SALES LICENSE AT 14082 RED HILL AVENUE Recommendation: Adopt Resolution No. 87-60 as recommended by the Communi t~ Development Department. 2. EXTENSION OF MOICATORIUM ORDINANCE - OLD TOWN RESIDENTIAL AREA - URGENCY ORDINANCE NO. 987 An extension of the moratorium on processing, approval or issuance of permits for subdivisions, changes in land use occupancy and zone changes in the Old Town residential area as imposed by Ordinance No. 984 adopted by Council on April 20, 1987. CITY COUNCIL AGENDA Page 1 6-1-87 ORDINANCE NO. 987 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON THE PROCESS- ING, APPROVAL OR ISSUANCE OF PERMITS FOR SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN THE RESIDENTIAL AREA OF OLD TOWN TUSTIN AS APPROVED BY ORDINANCE 984 Recommendation: M.O. - That Urgency Ordinance No. 987 have first reading by title only. M.O. - That Urgency Ordinance No. 987 be introduced. M.O. - That Urgency Ordinance No. 987 have second reading by title only. M.O. - That Urgency Ordinance No. 987 be passed and adopted. (Roll Call Vote, Four-fifths Required) 3. EXTENSION OF MORATORIUM ORDINANCE - NEWPORT AVENUE - URGENCY ORDI- NANCE NO. 986 An extension of the moratorium on processing, issuance of permits or approvals of any kind for development projects on properties located on the east side of Newport between Main and San Juan, and on the west side of NewPort between the I-5 Freeway and Mitchell Avenue as imposed by Ordinance No. 983 adopted by Council on April 20, 1987. ORDINANCE NO. 986 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON PROCESSING, ISSUANCE OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON THE WEST SIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE AS PREVIOUSLY ADOPTED BY ORDINANCE NO. 983 Recommendation: M.O. - That Urgency Ordinance No. 986 have first reading by title only. M.O. - That Urgency Ordinance No. 986 be introduced. M.O. - That Urgency Ordinance No. 986 have second reading by title only. M.O. - That Urgency Ordinance No. 986 be passed and adopted. (Roll Call Vote, Fourth-fifths Required) 4. APPEAL OF PLANNING COIWl4ISSION DENIAL OF DEVIATION FROM TUSTIN PLAZA MASTER SIGN PLAN - BRISTOL SPAS, 13771 NEWPORT AVENUE, J~7 On May 11, 1987, Planning Commission denied the applicant's request to deviate from the Master Sign Plan. Recommendation: Uphold the Planning Cmmission action denying devia- ti on from the Tustin Plaza Master Sign Plan for Bristol Spas as recommended by the Community Development Department. Ve PUBLIC INPUT (At this time members of the public may address the City Council regard- ing any items within the subject matter jurisdiction of the City Council provided that NO action may be taken on off-agenda items unless autho- rized by law.} CITY COUNCIL AGENDA Page 2 6-1-87 VI. 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 to be discussed and/or removed from the Consent Calendar for separate action. 1. APPROVAL OF MINUTES- MAY 18, 1987, REGULAR MEETING 2. APPROVAJ. OF DEMANDS IN THE AMOUNT OF $549,064.91 RATIFICATION OF PAYROLL IN THE AMOUNT OF $157,745.93 3. RESOLUTION NO. 87-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DESIGNATING THE CITY ENGINEER AND THE CITY FINANCE DIREC- TOR TO ACT ON BEHALF OF THE CITY COUNCIL (For Correction/Cancella- tion of Special Assessments} Adopt Resolution No. 87-59 designating the City Engineer and the Finance Director to correct or cancel special assessments for weed abatement, street lighting, refuse disposal and landscape maintenance as recommended by the Finance Department. 4. REJECTION OF CLAIM NO. 87-16; CLAIMANT: BURTSCHER, ROBERT F.; DATE OF LOSS: 2/15/87; DATE FILEO WITH CITY: 4/29/87 Reject subject claim for personal injury in the amount of $5,000,000 as recommended by the City Attorney. 5. REJECTION OF CLAIM NO. 86-51; CLAIMANT: GEORGE KOROL, M.D.; DATE OF LOSS: 8/1/B6; DATE FILEO WITH CITY: 11/7/86 Reject subject claim for property damage in the amount of $1,112,000 as recommended by the City Attorney. 6. RESOLUTION NO. 87-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, AMENDING RESOLUTION NO. 87-58 (LANDSCAPE AND LIGHTING DISTRICT HEARING DATE) Adopt Resolution No. 87-62 amending Resolution No. 87-58 to set the hearing date for June 15, 1987, as recommended by the Public Works Department/Engineering Division. 7. SURPLUS MDWING EQUIPMENT Declare as surplus the following equipment.: three 25" Tru-cut reel mowers; four 21" snapper rotary mowers; four'McLane edgers; one weed eater; and one backpack blower as recommended by the Public Works Department/Engineering Division. The equipment will be sold at the annual auction. 8. EL I~)DENA-IRVINE CHANNEL EASEMENTS AND DEEDS Authorize the Mayor and City Clerk to execute E1 Modena-Irvine Channel documents on behalf of the City as recommended by the Public Works Department/Engineering Division as follows: a) Quitclaim Deed (Quitclaims construction easement back to The Irvine Company which is no longer required by the City}; b) Escrow Instruction Letter (Provides for opening of escrow account so that all documents can be processed in orderly manner with respect to stipulated order of execution/ recordat i on }; and CITY COUNCIL AGENDA Page 3 6-1-87 c) The Irvine Company Easement to City of Tustin (Provides permanent blanket easement over flood channel facility for repair/maintenance of City inlets to the E1 Modena-Irvine Channel facility}. 9. RELOCATION OF SCHOOL CROSSWALK ON BRYAN AVENUE Approve the sketch attached to the staff report showing reloca- tion of the existing school crosswalk on Bryan Avenue from the Utt Drive intersection to a new location near Charloma to serve residents in the senior citizens home at 1262 Bryan Avenue and school children in the local area as recommended by the Public Works Department/Engineering Division. 10. AGREElqENT BETWEEN THE CITY AND ASSESSMENT AND TREATMENT SERVICES CENTER (ATSC) Approve the agreement with ATSC for counseling services of youthful offenders at a rate of $200 per referral by the City; and authorize the City Manager to execute same as recommended by the Poli ce Department. RESOLUTION NO. 87-01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE SCHEDULE FOR TUSTIN CITY CODE VIOLATIONS Adopt Resolution No. 87-61 as recommended by the Police Depart- ment. VI I . ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS 1. EVENINGSIDE/RAINBOW ANNEXATION NO. 139 On May 26, 1987, Council received and filed written protests on sub- ject annexati on. Recommendation: Continue certification of the value of written protests for subject annexation to June 15, 1987, as recommended by the City Clerk. 2. LA COLINA/BROWNING ANNEXATION NO. 140 On May 26, 1987, Council received and filed written protests on sub- ject annexati on. Recommendation: Continue certification of the value of written protests for subject annexation to June 15, 1987, as recommended by the City Cler. k. CITY COUNCIL AGENDA Page 4 6-1-'87 X. NEW BUSINESS 1. ASSE~LY BILL 2190 (CHACON) MAI~)ATORY DISTRICT ELECTIONS At its meeting on May 18, 1987, Councilman Hoesterey requested sub- ject item be agendized for Council consideration. Recommendation: Direct staff to continue active opposition to Assembly Bill 2190 as recommended by the Administrative Services Department. 2. AWARB OF CONTRACT FOR ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT, 1986-87 FISCAL YEAR Bid opening for subject project was held on May 26, 1987. The low bid is 3.9% below the engineer's estimate of $222,525. Recommendation: Award the contract to R. J. Noble Company, Orange, in the amount of $213,941.55 for subject project as recommended by the Public Works Department/Engineering Division. 3. JAMBOREE ROAD EXTENSION 'THROUGH MCAS A joint project with the City of Irvine and The Irvine Company. The consultant has incurred additional costs on design work which have been reviewed and found acceptable to all parties by verbal response. Tustin's share of the change order is $24,014. Recommendation: Authorize execution of the extra work change order to Church Engineering, Inc., in the amount of $147,810 to cover extra design work on the Jamboree Road extension plans, subject to receipt of written concurrence from both the City of Irvine and The Irvine Company as recommended by the Public Works Department/Engi- neering Division. 4. 1987-88 ADVANCE FROM THE GENERAL FUND TO THE SOUTH CENTRAL PROJECT AREA (Reference Redevelopment Agency* Agenda Item No. 4) Completion of various Agency projects in the South Central Project Area require an additional $600,000 advanced from the General Fund. Recommendation: Authorize the Mayor and City Clerk to execute the agreement between the City of Tustin and the Tustin Community Redevelopment Agency directing the advance of an additional $600,000 to the South Central Project Area to carry out the programs of the Redevelopment Agency during the 1987-88 fiscal year as recommended by the Finance Di rector. 5. REPLACEIqENT OF FORD TRACTOR HOldER Replacement of a mower currently out of service and in need of $5,000-$7,000 worth of repairs. Recommendation: Waive the formal competitive bid procedure; and authorize the purchase of a reconditioned Hydro-Power 180 mower from Bob Hicks Turf and Equipment at a cost of $23,000 to replace the Ford tractor and Gang Reel mower as recommended by the Public Works Department/Engineering Division. CITY COUNCIL AGENDA Page 5 6-1-87 6, FINAL A£CEPTANCE OF PUBLIC IMPROVEMENTS - CURBS, GUTTERS & CROSS- GLITTERS, 'A" STREET FROF~ I~IN TO SECOND - RESOLUTION gO. 87-63 RESOLISTION NO. 87-63- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Recommendation: Adopt Resolution No. 87-63; and assuming no claims or stop payment notices are filed, 30 days after date of recordation of Notice of Completion, authorize payment of the final 10% reten- tion amount ($3,902.57- Bruce Paving Company)as recommended by the Engineering Division. 7. NITRATE RE#OYAL DEI~ONSTRATIO# PROJECT · Recommendation: Plesure of the City Council. XI. REPORTS 1. PLANNING COI~ISSION ACTIONS - ~IAY 26, 1987 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 May 26, 198'7. 2. TRAFFIC SISAL AT NEWPORT AVENUE & OLD IRVINE BOULEVARD Mayor Edgar requested staff report on the possibility of signalizing subject intersection and provide a cost estimate for same., Recommendation: Pleasure of the City Council. XI I. OTHER BUSINESS 1. CITY MANAGER 2. CITY ATTORNEY $. CITY COUNCIL XIII. CLOSE)) SESSION City Council will recess to a Closed Session to: 1) Consider legal matters pursuant to Government Code Section 54956.9; and 2) Give instructions to the City negotiator regarding a portion of the property located at the northeast corner of Red Hill Avenue and Walnut Avenue pursuant to Government Code Section 54956.8. XIV. ADJOURNMENT To the next Regular Meeting on June 15, 1987, at 7:00 p.m. CITY COUNCIL AGENDA Page 6 6-1-87