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HomeMy WebLinkAbout02 MINUTES 06-15-98 M]:NUTES REGu~RR MEETING OF THE C]:TY CC,,JNC]:L CI'TY OF TUSTI'N~ CAL1'FORN1'A .1UNE 1~ 1998 NO. 2 6-15-98 CALL TO ORDER/PLEDGE OF ALLEGI'ANCE/1'NVOCAT1'ON The meeting was called to order by Mayor Saltarelli at 7:02 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. Mayor Saltarelli requested the meeting be adjourned in memory of Mackenzie Katzman who was recently killed in an automobile accident, and he expressed sympathy to the Katzman family. The Pledge of Allegiance was led by Boy Scout Troop 323. The Invocation was given by Mayor Saltarelli. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tern Mike Doyle .lim Potts .leffery IVl. Thomas None Pamela Stoker (Absent) William A. Huston, City Manager .lohn Cavanaugh, Assistant City Attorney Christine Shingleton, Assistant City Manager George .leffries, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Scott Reekstin, Associate Planner .loe Meyers, Administrative Assistant IVlinoo Ashabi, Assistant Planner Gary Veeh, Water Services Manager Approximately 95 in the audience PROCLAMAT]:ON STUDENT POSTER CONTEST W1'NNERS Mayor Saltarelli read and presented proclamations honoring the 1998 Annual Student Poster Contest first place winners: Michael Chiaverini, K-2 category from Benson Elementary School; CITY COUNCIL MINUTES Page2, 6-1-98 Erika Hanson, 3rd - 5th 'grade category from Benson Elementary.Schoo!; Zack Voden, 6m - 8m grade category from Ability Plus School; and Moises Noyola, 9tn - 12 TM grade category from Tustin High School. Carol Bone, Tustin Pride Committee, thanked Council for supporting the student poster contest; announced the posters would be on display at various locations in the City; introduced new Pride members who co-chaired the student poster contest; and presented plaques from the Tustin Pride Committee to the Student Poster Contest winners. PRESENTATION ORANGE COUNTY WATER DIST~CT REPLENISHMENT SYSTEM Ron Wildermuth, Orange County Water District, reported that 800,000 new people were expected in the Orange County Water District area in the future; imported water would become less available; explained the proposed new water project; micro filtration was a new procedure for water processing; project design was estimated to begin in 1999 upon approval by the Orange County Water District and Sanitation District Board of Directors; projected impact on rates was minimal; the Water District had received a $700,000 grant from the California Energy Commission for the project; and noted the organizations that supported the project. Council/speaker discussion followed regarding the new reservoir under construction in the Hemet area. PUBLIC INPUT WATER CHARGE REBATE Susan Burns, 12792 Brittany Woods, Santa Ana, requested a meeting with the Mayor and/or staff regarding a water charge rebate. IVlayor Saltarelli responded that his staff would contact Ms. Burns the following day to set a meeting date. FALSE ARRESTS Dwight Beazley, 225 E. Del Arno Blvd., Long Beach, addressed Council regarding his false arrests, subsequent lawsuits he filed against the City,. unconstitutional conduct by the Police Department, and requested Council discuss the matter in closed session. Councilmember Potts responded that the Police Department, because of the litigation, was unable 'to respond to the allegations, noted there was considerable additional information that could not be commented on publicly, and stated he would abstain on all future votes regarding this matter. CITY COUNCIL MINUTES Page3, 6-1-98 PUBLTC HEAR1'NG (TI'EMS I THROUGH 3) 1. APPEAL OF CONDrI'I'ONAL USE PERM1'T 98-012 (HERTTAGE PARK) Elizabeth Binsack, Director of Community Development, reported that on May 11, 1998, the Planning Commission approved a Conditional Use Permit to install twelve 25-foot high light poles around the perimeter of the roller hockey and basketball courts at Heritage Park; an appeal and a petition were filed on May 18, 1998, by area residents; the residents indicated the lights would have a negative impact on the quality of life in the surrounding community; explained, the Master Plan process for Heritage Park including citizen participation and workshops; the number, height, and wattage of proposed lighting; park lights would be shut off at 10 p.m.; and lighting mitigation measures utilized in the park. Council/staff discussion followed regarding the height of the lights; the courts were lower than ground level with surrounding berms; and light illumination was directed straight down. Mayor Saltarelli opened the Public Hearing at 7:38 p.m. The following members of the audience spoke in opposition to Conditional Use Permit 98- 012: Fred Piazza, 2302 Paseo Circulo, Tustin 3ohn Vondrak, 2303 Paseo Circulo, Tustin Nancy Lawrence, 2420 Paseo Circulo, Tustin .lean Van Camp, 2386 Paseo Circulo, Tustin .lames Lawrence, 2420 Paseo Circulo, Tustin Marisa AIIred, 13199 Laraca Street, Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:50 p.m. Mayor Saltarelli responded to a speaker's comments clarifying that he had not been instrumental in locating the roller hockey court at Heritage Park; and stated his residence was located within 300 feet of the park but the proposed project had less than a 10% affect on his property value. .lohn Cavanaugh, Assistant City Attorney, explained the test for legal conflict of interest was whether a proposed project would modify property value by 10%; if there was not an affect on the fair market value on Mayor Saltarelli's property, a legal conflict of interest did not exist and the Mayor could vote on the matter. Mayor Pro Tern Worley gave a history of the design process of Heritage Park; the amount of community interest in constructing a hockey rink in the City; Council's determination to build Heritage Park as a 5-acre park; studies were conducted before locating the basketball couP, berming, landscaping, and Iow impact lighting; and area residents had the opportunity to be involved in the park design process from its inception. CITY COUNCIL MINUTES PageZt, 6-1-98 Council/staff discussion followed regarding terraced seating; the draft[ consensus plan of the park; the park approval process; potential problems of basketball court usage; location of the basketball courts; incorporating passive and activity areas in a 5-acre park; and the focus of the appeal was on park lighting. Councilmember Thomas noted that all City parks had lighting; the park was designed to be used passively and not exclusively for sports activities; the heavy usage of City parks at night; and stated he was perplexed by the sudden opposition to the proposed park lighting. Council/staff discussion followed regarding the City's park lighting policy; noise and improper park activities would be handled by Parks and .Recreation or Police Department staff; park curfew was 10:00 p.m.; lighting was incorporated in the Environmental Impact Report (EIR); and the EIR had been made available to the public.. Councilmember Potts stated he supported the proposed lighting at the park; the courts were well bermed; he was concerned about the noise and the close proximity of the basketball courts to residences; he believed the basketball courts should be located closer to the street; potential problems caused during basketball games; the basketball courts should be supervised by staff; and the possibility of relocating the basketball courts. Pat Sanchez, Parks and Recreation Director, responded that the base structure had been completed; staff would be providing initial recreation leadership at the park; and the Police Department had been apprised of concerns related to basketball court usage. William Huston, City Manager, noted that the area located between the basketball court and the residences would be heavily landscaped. 'Mayor Saltarelli said that additional landscaping could be planted if it proved to be inadequate; the Sports Park basketball courts had not generated problems; the Police Department would respond immediately if illegal activity occurred at the park; the Council's goals of creating more open space and parks in the City and their desire for the parks to be fully utilized; park lighting was analyzed and discussed thoroughly; and he did not believe area residents would experience problems caused by park lighting. Councilmember Doyle noted that Columbus Tustin Park had lighting and on many nights no one was using the park; he did not expect the lighting at the basketball court to create problems; he had initially been opposed to adding two acres to Heritage Park; he believed area residents would be pleased with the park upon completion; and he was looking forward to remodeling Peppertree Park in the near future. Council/audience discussion followed regarding residents' involvement in the park planning process; the number of'members of the audience opposed to the lighting; approximately three adjacent homes could be affected by park noise; and the benefits of living next to a park. was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 98- upholding the Planning Commission's action approving Conditional Use Permit 98-012: CITY COUNCIL MINUTES Page 5, 6-1-98 RESOLUTION NO. 98-5:1. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S ACTION TO APPROVE CONDITIONAL USE PERMIT 98-012 AUTHORIZING SPORTS FIELD LIGHTING AT HERITAGE PARK LOCATED AT 2350 KINSMAN CIRCLE Councilmember Ports encouraged area residents to call the Police Department if the park generated excess noise at night; landscaping would mitigate the noise level; the importance of having a place for children and adults to enjoy recreational activities; the necessity of stationing staff at the park; and he believed upon park completion, area residents would be pleased with the results. Motion carried 5-0. Mayor Saltarelli recessed the meeting at 8:27 p.m. The meeting reconvened at 8:35 p.m. RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 14 BETWEEN COPPERFIELD DRIVE AND 160'_.+ NORTH OF EL CAMINO REAL Tim Serlet, Director of Public Works, reported that this project would be designed and constructed by Southern California Edison utilizing Rule 20a money; the project would remove approximately 24 power poles, replace 8 street lights, and eliminate the power utility lines crossing the I-5 freeway; project cost was estimated at $525,000; Rule 20a funds did' not pay for connecting the underground cable to private service meter panels; final connection was the responsibility of the property owner; electric company estimates for utility connection ranged from $170 to $735 for residential property and $220 to $1,000 for Commercial property; the underground utilib/ project coordinated with the Red Hill Avenue widening project; 4 overhead utility lines could be incorporated in this project and undergrounding utilities in conjunction with District No. 14 would result in approximately $32,000 in savings; and staff recommended appropriating $8,000 for conversion of existing electric services to the proposed underground system. Council/staff discussion followed regarding that anticipated savings would be passed onto the property owners by the $8,000 appropriation for underground utility conversion; and the difference in conversion costs for final utility connection. Mayor Saltarelli opened the Public Hearing at 8:43 p.m. The following members of the audience spoke in favor of Red Hill Avenue Underground Utility District No. 14 between Copperfield Drive and 160+ North of El Camino Real without cost to property owners: Karl Kovac, 10761 Skyline Drive, Santa Ana Matt Nisson, 14462 Red Hill Avenue, Tustin There were no other speakers on the subject and' the Public Hearing was closed at 8:46 p.m. CITY COUNCIL MINUTES Page 6, 6-1-98 It was moved by Potts, seconded by Thomas, determining the public necessity, health, safety or welfare require the removal of poles, overhead wires and associated overhead structures along Red Hill AvenUe between Copperfield Drive and 160'_+ north of El Camino Real; and have first reading by title only and introduction of Ordinance No. 1202. The Chief Deputy City Clerk read the following Ordinance No. 1202 by title only: ORDINANCE NO. 1202 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING THE RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 14 BETWEEN COPPERFIELD DRIVE AND 160'+ NORTH OF EL CAMINO REAL Motion carried 5-0. It was moved by Thomas, seconded by Worley, to appropriate $8,000 for private property conversion costs. Motion carried 5-0. 3. LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM Steve Foster, Chief of Police, reported that for the past two years the Police Department received block grant funding totaling approximately $92,000; prior to expending the funds, a Citizen's Advisory Committee approved use of the money for a command/community resource vehicle; the primary use of the vehicle would be for tactical purposes, storefront operation, and community events; the vehicle would be fully functioning with satellite capabilities; approximate cost of the vehicle would be $200,000; the block grant monies would be used toward the total cost; community support had been solicited for funding part of the cost of the vehicle; and the remaining cost would be appropriated from asset forfeiture funds. Councilmember Potts and Mayor Saltarelli commented on the multiple uses of the vehicle and the necessity for Police Department ownership. Mayor Saltarelli opened the Public Hearing at 8:53 p.m. subject and the Public Hearing was closed. There were no speakers on the It was moved by Thomas, seconded by Doyle, to authorize usage of funds. Motion carried 5-0. CONSENT CALENDAR (ITEMS 4 THROUGH 10) Item No. 6 was removed from the Consent Calendar by Mayor Pro Tem Worley. It was moved by Thomas, seconded by Doyle, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. C1-FY COUNCIL MINUTES Page 7, 6-1-98 1 el g APPROVAL OF MINUTES- MAY 18, 1998 REGULAR MEETING Recommendation' Approve the City Council Minutes of May 18, 1998. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation' Approve Demands.in the amount of $1,071,430.53 and ratify Payroll in the amount of $356,964.37. ANNUAL REVIEW AND ADOPTION OF INVESTMENT POLICY Recommendation: Adopt the City of Tustin Investment Policy with changes as recommended by the City Treasurer. PLANNING COMMISSION ACTION AGENDA- MAY 26, 1998 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, 1998. AUTHORIZATION TO ADVERTISE BIDS FOR DRILLING OF MAIN STREET WELL NO. 4 (CITY PRO3ECT NO. 600103) Recommendation: (1) Adopt the following Resolution No. 98-50 approving the environmental determination for subject project, and (2) Adopt the following Resolution No. 98-35 approving the plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/Water Services Division: RESOLUTION NO. 98-50 - A RESOLUTION OF THE CTi'Y COUNCIL OF THE CTI-Y OF TUS'I'[N, CALIFORNIA, FINDING THAT THE NEGA'I'[VE DECLARATION APPROVED BY THE CTFY COUNCIL ON FEBRUARY 17, 1998 (RESOLUTION NO. 98-14) IS ADEQUATE FOR THE MAIN STREET WELL FACILITIES WELL NO. 4 CONSTRUCT[ON PROJECT AND APPLICABLE MTI'IGAT[ON MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALTrY ACT RESOLUTION NO. 98-35 - A RESOLUTION OF THE CTI-Y COUNCIL OF THE CTI-Y OF TUS'I-[N, CALIFORN~, APPROVING PLANS AND SPECIFICATIONS FOR DRILl TNG OF MAIN STREET WELL NO. 4 AS A REPLACEMENT FOR EXIS'I'[NG MAIN STREET WELL NO. 2 (CTTY PROJECT NO. 600103) AND AUTHORIZING ADVERTISEMENT FOR BIDS 10. REQUEST FOR LEAVE OF ABSENCE- ROBERT LEE Recommendation: Authorize a leave of absence for Robert Lee exceeding 30 days as recommended by the City Manager. CONSENT CALENDAR ITEM NO. 6 - GENERAL MUNICIPAL ELECTION - NOVEMBER 3~ 1998 Mayor Pro Tem Worley questioned whether the requirement for Spanish and Vietnamese translation on the ballot was a State or Federal Act. Valerie Crabill, Chief Deputy City Clerk, responded the translation requirements were mandated State and Federal Acts. CITY COUNCIL MINUTES Page 8, 6-1-98 Council/staff discussion followed regarding the factors used in determining the languages to be translated on ballots. It was moved by Worley, seconded by Ports, to (1) Adopt the following Resolution No. 98-43 calling and giving notice of the November 3, 1998 General Municipal Election and requesting the Orange County Board of Supervisors order consolidation and render specified election services, and (2) Adopt the following Resolution No. 98-.44 setting candidate statement regulations: RESOLUTION NO. 98-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) REQUESTING THE COUNTY BOARD OF SUPERVISORS ORDER CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEVVIDE GENERAL ELECTION ON .NOVEMBER 3, 1998; (3) AUTHORIZING THE COUNTY BOARD OF SUPERVISORS TO CANVASS THE ELECTION RETURNS; AND (4) PROVIDING FOR EXPENSES OF THE ELECTION RESOLUTION NO. 98-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998 Motion carried 5-0. REGULAR BUSINESS (ITEMS 11 THROUGH 16) 11, FISCAL YEAR Z998-99 BUDGET WORKSHOP It was moved by Thomas, seconded by Doyle, to hold the first budget workshop at 5:30 p.m. on July 6, 1998, prior to the City Council meeting. Motion carried 5-0. 12. APPLICANTS FOR PARKS AND RECREATION COMMISSION AND PLANNING COMMISSION Council concurred to conduct Parks and Recreation and Planning Commission interviews on June 15, 1998 at 5:30 p.m. POTENTIAL EXPANSION OF CULTURAL RESOURCE DISTRICT Scott Reekstin, Associate Planner, reported that in June 1997, Council directed staff to conduct a survey and community workshops to obtain community input on potential expansion of the Cultural Resource Overlay District; the potential expansion area is located north of First Street between Irvine Boulevard north of the Overlay District; in September 1997, the survey was mailed to 132 property owners, residents, and other interested persons; the survey responses indicated majority support for historic preservation and the CiTY COUNCIL MINUTES Page9, 6-3.-98 :!.4. proposed expansion; two community workshops were conducted with approximately 50 people in attendance; opposition to the expansion by some property owners was due to the perceived negative affect on property values; and staff researched the property value concerns and discovered that property values generally improved or remained the same after historic district formation. Council/staff discussion followed regarding residents' opposition to the expansion; area residents/property owners and interested parties had been noticed regarding the proposed historic district expansion; Hills Act benefits were not exclusive to the Overlay District; and the majority, of the proposed district supported expansion. Councilmember Potts was concerned about forcing property owners into the district; noted the City could assist residents with any restoration/remodeling difficulties they may have; and he believed the expansion was a positive move for the area. Mayor Saltarelli stated his concern regarding the expansion across First Street; said that because of the support of area property owners he was in favor of District expansion; and he was optimistic the expansion would be successful. Mayor Pro Tern Worley stated she supported the expansion and noted the majority of property owners favored District expansion. Councilmember Doyle stated he would abstain from voting on this matter because he lived within the Cultural Resource Overlay District. ]~t was moved by Thomas, seconded by Worley, to direct the Cultural Resource Advisory Committee to conduct a Public Hearing regarding Cultural Resource Overlay District expansion. Motion carried 4-0, .Doyle abstained. SOL1'D WASTE PROGRAM ANALYSI'S .loe Meyers, Administrative Assistant, reported in 1997, Great Western Reclamation collected 71,000 tons of refuse to the Materials Recovery Facility (IVlRF), 70,000 tons were recycled or removed from the waste stream; 54,000 tons were disposed in land fills; Great Western's recycled rate in the City was 24%; other companies and individuals transported waste to landfills which was incorporated in the comprehensive Citywide solid waste report to the California l~ntegrated Waste Management Board; the formula determining the recyclable rate; in 1995, the recyclable rate was :[7%; AB 939 required 25% diversion rate; the citY's Grand .lury response indicated the 1995 :[7% diversion rate was inaccurate; the City's :[996 rate was 24.8%; the 2000 50% diversion requirement; Dr. Eugene Tseng had been hired 'to review the City's Source Reduction and Recycling Element (SRRE) to ascertain if the 50% diversion rate could be obtained; Dr. Tseng determined the SRRE was adequate; and Dr. Tseng concluded that the current collection and disposal practices would not reduce the waste quantity disposed at the landfills to comply with the 50% diversion mandate in 2000. Dr. Tseng recommended measures ensuring the 50% mandate would be met including cOnducting a pilot study of full scale implementation of automated CITY COUNCIL MINUTES PagelO, 6-1-98 curbside recycling; implementing a separate green waste curbside collection program; conducting waste reduction and recycling workshops for residents; conducting workshops for landscape contractors; conducting waste reduction and recycling audits for non- ~esidential and business sectors; implementing a waste reduction and recycling award program; developing technical assistance waste reduction and recycling web page; and implementing a City and solid waste hauler construction, demolition, and waste technical assistance program. Mr. Meyers stated that full implementation of the recommendations could increase landfill diversion by 25-35% thereby meeting the 2000 50% diversion mandate; explained Great Western Reclamation's request to place a measure on the November ballot to permit renegotiation of the current solid waste contract; the current contract was due to expire in June 2000; Great Western Reclamation's proposed service enhancements included implementation of a green waste program, residential rate decrease, enhancements in insurance and bonding requirements, AB 939 and hazardous materials indemnification, and long term rate stabilization for residential and commercial customers; and staff had not analyzed Great Western Reclamation's proposed service enhancements. Council/staff/Dr. Tseng discussion followed regarding the California Integrated Waste Management Board's review of meeting the 50% diversion mandate; factors affecting the 17% diversion rate discrepancy; SB 1066 would allow a grace period in 2000 if'an agency was fully implementing their SRRE; MRF processing; only basic points of a new franchise agreement for the November ballot could be drafted if the Great Western Reclamation proposal was approved; the indemnification clause covering fines when AB 939 requirements were not met; and implementation of the green waste collection program would be the largest step toward achieving the 50% diversion mandate. Gaye Soroka, Great Western Reclamation, stated that Great Western Reclamation's report in 1995 revealed a 26.7% diversion rate in the City; waste not picked up by Great Western Reclamation attributed to the 1995 17% diversion amount; the Integrated Waste Management Board would be issuing compliance orders and schedules for the agencies not meeting the 25% diversion rate; the Integrated Waste Management Board indicated the 50% diversion mandate would be enforced in 2000; the benefits of implementing the green waste program at this time rather than after the Request for Proposal (RFP) process for a new solid waste franchise agreement; Great Western Reclamation conducted a survey in the City revealing 60% of respondents supported a green waste program without a rate increase; City residents were supportive of recycling; the impossibility of achieving the 50% mandate without green waste diversion; Great Western Reclamation was supportive of Dr. Tseng's recommendations; requested Council support of Great Western Reclamation's request for a November ballot measure; and the risk of not meeting AB 939 requirements in 2000 if a new contractor would be awarded the franchise agreement in 2000. Council/staff/Speaker Soroka discussion followed regarding the different size of trash bins displayed by Great Western Reclamation to be used for green waste diversion; green waste diversion could not be implemented before 2000 because of the equipment and start-up costs to Great Western Reclamation without a contract extension; Great Western Reclamation's proposed contract extension of 5~to 7 years; it was less expensive to divert green waste at curbside than at the MRF; 8,200 tons of green waste was collected in the City; 3,600 of collected green waste was recycled; Great Western Reclamation guaranteed CITY COUNCIL MINUTES Page].'1, 6-1-98 15. 'meeting the 50% diversion mandate if their contract was extended beyond 2000; green waste diversion would not affect commercial rates; Great Western Reclamation provided good service; the current solid waste contract must comply with AB 939 requirements; non- compliance fines were paid by. Great Western Reclamation; the 2000 diversion requirement could be attained by the City; Council must determine to initiate green waste diversion now or in 2000 upon agreement expiration; concern that Great Western Reclamation was recently sold and had a $7 billion loss; Great Western Reclamation was solvent; the short time frame to develop a generic contract; November ballot information must be submitted to the Registrar of Voters by August 7, 1998; and the potential risk to the City of presenting generalized deal points in the agreement for the November ballot. Councilmember Doyle stated his concern regarding .presenting general agreement information to the voters. Mayor Pro Tem Worley said she was concerned with the short time frame to put this item on the ballot; believed the City could meet the AB 939 requirements in 2000 by going through the RFP process; and she was unsure whether the voters would understand what they were voting for. Councilmember Ports said that by 2000 a better approach to reaching diversion requirements may be available; Great Western Reclamation's success in winning contracts in other cities; and he did not believe the City would be negatively impacted by waiting until 2000 to initiate diversion changes. Mayor Saltarelli stated that this issue reinforced his opinion that the solid waste contract should not be put out to bid; he was concerned with presenting a generic agreement to the voters; supported beginning a green waste diversion program as soon as possible; encouraged Great Western Reclamation to meet with staff; and he would not be opposed to Great Western Reclamation's request if something definitive could be achieved benefiting residents. It was moved by Potts, seconded by Doyle, to receive and file the 1997 Great Western Reclamation Annual Status Report and the Solid Waste Program Review Report. Motion carried 5-0. Mayor Saltarelli announced that no action would be taken on the request from Great Western Reclamation to place a measure on the November 1998 ballot to implement an enhanced recycling program through the extension of the current Solid Waste Franchise Agreement. He encouraged staff and Great Western Reclamation to continue dialogue on issues raised dudng Council discussion and present a report addressing those issues at the .lune 15, 1998 meeting, if possible. ORDINANCE NO. 1201 (CODE AMENDMENT 98-002) TRANSPORTATTON SYSTEM ];MPROVEMENT PROGRAM FEES It was moved by Thomas, seconded by Worley, to have first reading by title only and introduction of Ordinance No. 1201. CI-FY COUNCIL MINUTES Page12, 6-1-98 Motion carried 5-0. The Chief Deputy City Clerk read the following Ordinance No. 1201 by title only: ORDINANCE NO, 1201 - AN ORDINANCE OF THE C1TY COUNCIL OF THE C1TY OF TUS'IqN, CALIFORN~, APPROVING AN AMENDMENT TO TUST[N C1TY CODE SECT[ON 8101 TO ESTABLISH AND INCREASE THE MINIMUM VALUA'ilON OF DEVELOPMENT PROJECTS THAT ACTIVATE THE TRANSPORTA-I1ON SYSTEM IMPROVEMENT PROGRAM FEES FROM $20,000 TO $30,000 16, AMENDMENT NO. I TO THE 3OINT POWERS AGREEMENT, TRANSPORTATION SYSTEMS IHPROVEHENT AUTHORITY It was moved by Thomas, seconded by Worley, to approve Amendment No. 1 to the Joint Exercise of Powers Agreement between the City of Tustin and the City of Santa Ana. Motion carried 5-0. PUBLIC INPUT RED HILL AVENUE SHOPPING CENTERS Matt Nisson, 14462 Red Hill Avenue, Tustin, complained about the lack of landscaping and deteriorating conditions of shopping centers on Red Hill Avenue, specifically Red Hill and Walnut Avenues, and requested City assistance. Elizabeth Binsack, Director of Community Development, remarked on the recycling facility's compliance problems and stated that the facility's use permit would either be revoked or the facility relocated. OTHER BUSINESS ELECTION DAY- 3UNE 2, 1998 Councilmember Doyle and .Mayor Pro Tem Worley reminded everyone to vote on June 2, 1998. EL CAMINO REAL STREET FAIR/CHILI COOK-OFF Councilmember Doyle invited the community to attend the El Camino Real Street Fair/Chili Cook-Off on June 7, 1998. "SUPER SOAKERS" PROGRAM Mayor Pro Tem Worley reported that the South Gate Police Department was conducting a gun swap for "Super' Soakers" program and requested the Tustin Police Department explore the idea. CITY COUNCIL MINUTES Page 13, 6-1-98 RED HI'LL AVENUE SHOPPI'NG CENTERS Councilmember Ports requested staff explore installation of tree wells at the Red Hill Avenue shopping center locations and noted that rehabilitation was needed. MEET]:NG AD.1OURNMENT .]:N MEMORY OF MACKENZI'E KATZMAN Mayor Saltarelli reported that it had been an emotional week for his family with the accidental death of five-year old Mackenzie Katzman, and requested the meeting be adjourned in her memory. COMMITTEE REPORTS - None CLOSED SESSION - None AD3OURNMENT Mayor Saltarelli adjourned the meeting at 10:35 p.m. in memory of Mackenzie Katzman. The City Council scheduled Commission interviews on Monday, .lune 15, 1998, at 5:30 p.m.; and the next regular meeting of the City Council was scheduled for Monday, 3une 15, 1998, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. THOMAS R. SALTARELL]:, MAYOR PAMELA STOKE~ CI'TY CLERK AGENDA RATIFICATION OF DEMANDS NO. 3 6-15-98 RECOM~ENDAT I ON: That the following demands listing be confirmed and approved as submitted in accordance with Government Code Section 37208 as recommended by the Finance Department: Type of Listinq Date/Amount General Demands MAY 28, 1998 · $ 1,764,55 . (Accounts Payable) · · The Director of Finance has Certified that the listing is in accordance with the approved budget with the following exceptions: Exceptions: NONE BACKGROUND: In September of 1972, the City Council approved the use of Government Code Section 37208 which expedites payment of City payroll and accounts payable obligations which are in accordance with an approved budget. Under this procedure, each purchase is not only reviewed at the time the purchase order is. issued, but is reviewed by the Finance Department prior to payment of the invoice 'from the vendor to insure that it conforms to the approved budget. The City Council is then provided a listing at each Council meeting · of the payroll and general warrants issued since the last report so that it can inspect and confirm these warrants. AFFIDAVIT OF DEMANDS: In accordance with Government Code Section 37208,. I hereby certify that the above demands listing (accounts' payable of the City) have been found to conform to the approved, budget except as noted and have been paid. These demands are hereby submitted for City Council ~inspection and confirmation: Listings: · $ 1,764,559.8 Exceptions: NONE _. / / ' ' Director of Fi~an¢ RES :Demands. Feb tRATIFICATION OF DEMAND? NO. 3 6-15-98 RECOMMENDATION: That the folloWing demands listing be confirmed and approved as submitted in accordance with Government Code Section 37208 as recommended bY the Finance Department: Type of Listing Date/Amount General Demands (Accounts Payable) JUNE 5, 1998 $ 1,193,701.79~. ~X~/ The Director of Finance has certified that the above listing is in accordance with the approved budget with the following exceptions: Exceptions: NONE BACKGROUND: In September of 1972, the City Council apprOved the use of Government Code Section 37208 which expedites payment of City payroll and accounts payable obligations which are in accordance with an approved budget. Under this procedure, each purchase is not only reviewed at the time the purchase order is issued, but is reviewed by the Finance Department prior to payment of the invoice from the vendor to insure that it conforms to the approved budget. The City Council is then provided a listing at each Council meeting of the payroll and general warrants issued since the last report so that it can inspect and confirm these warrants'. AFFIDAVIT OF DEMANDS: In accordance with Government Code Section 37208, I hereby certify that the above demands listing (accounts payable of the City) have been found to conform to the approved budget except as noted and have been paid. These demands are hereby submitted for City Council inspection and confirmation: Listings: $ 1~193,701.79 Date: JUNE 8~ 1998 RES :Demands. Feb