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HomeMy WebLinkAboutCC MINUTES 1993 08 02MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 2, 1993 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Potts at 7:07 p.m. at the Tustin Area Senior Center, 200 South "C" Street, Tustin, California, The Pledge of Allegiance was led by Councilmember Pontious, and the Invocation was given by Mayor Potts. II. ROLL CALL Council Present: Jim Potts, Mayor Thomas R. Saltarelli, Mayor Pro Tem Leslie Anne Pontious Charles E. Puckett Jeffery M. Thomas Council Absent: None City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Bettie Correa, Senior Personnel Analyst Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent Doug Anderson, Transportation Engineer Dan Fox, Senior Planner Gary Magill, Recreation Supervisor Randy Westrick, Recreation Supervisor Irma Hernandez, Administrative Assistant Katie Pitcher, Administrative Assistant Valerie Whiteman, Chief Deputy City Clerk Approximately 40 in the audience III. PRESENTATION - CHILI COOK -OFF PROCEEDS TO LAUREL HOUSE Randy Westrick, Recreation Supervisor, reported that every year the Chili Cook -Off Steering Committee selected a local non-profit group to receive proceeds from the Chili Cook -Off. He announced this year's recipient was Laurel House and presented them with a check for $5,000.00. Al Lighty, representing Laurel House, thanked the Council and stated that donations enabled Laurel House to continue serving the community. IV. PROCLAMATION - POLICE OFFICER PAT WELCH Mayor Potts read and presented a proclamation to Police Officer Pat Welch recognizing his work as a canine officer. Pat Welch thanked the Council for the proclamation. ANNOUNCEMENT Councilmember Puckett introduced Bill Sherry from Boy Scout Troop 323 who was working toward an Eagle Scout rank. He noted that only 2 percent of boys who begin scouting achieve the rank of Eagle Scout, and wished Mr. Sherry success. V. PUBLIC HEARINGS 1. ZONE CHANGE 93-003 (APPLICANT: TUSTIN VILLAGE COMMUNITY ASSOCIATION) Dan Fox, Senior Planner, reported the applicant was proposing to construct 13 garages and 8 open parking spaces on a vacant parcel adjacent to the Tustin Village condominium development. He said in order to accommodate the proposed improvements, the vacant parcel must be rezoned from Multiple Family to Planned Development, and stated the Planning Commission recommended approval of the zone change. CITY COUNCIL MINUTES Page 2, 8-2-93 Mayor Potts opened the Public Hearing at 7:12 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Puckett, seconded by Thomas, that Ordinance No. 1114 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1114 by the City Clerk, it was moved by Puckett, seconded by Thomas, that the following Ordinance No. 1114 be introduced: ORDINANCE NO. 1114 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-003 CHANGING THE ZONING DESIGNATION OF THE PARCEL IDENTIFIED AS ASSESSOR PARCEL NO. 402-261-02 FROM MULTIPLE FAMILY RESIDENTIAL (R-3) TO PLANNED DEVELOPMENT (PD) Motion carried 5-0. 610-60 2. EXTENSION OF TIME FOR TENTATIVE TRACT MAP 14397 (APPLICANT: IRVINE COMPANY, DAN HOSSEINZADEH, HUNSARER & ASSOCIATES) Dan Fox, Senior Planner, reported the applicant was requesting a time extension due to the current economic condition and financing difficulties related to this project. He stated the Planning Commission recommended a one-year extension. Mayor Pro Tem Saltarelli questioned whether the City should indicate to perspective homeowners the Mello Roos district disclosure indicated in the tenant/homebuyer notification procedures in Resolution No. 93-83. Christine Shingleton, Assistant City Manager, responded that the City was not required by State law to provide Mello Roos district information, and stated the school district was responsible for disclosing that information. Council/staff discussion followed regarding the City's inability to control Mello Roos district notifications other than in Assessment District 86-2 and the 1982 Landscaping and Lighting District. Mayor Pro Tem Saltarelli said that disclosing the small percentage of total assessments on Mello Roos would be positive information to the perspective homebuyer and requested notification include Mello Roos district disclosure. Christine Shingleton, Assistant City Manager, suggested adding language indicating to the homeowner the presence of Mello Roos community facilities actassessments, with=conformance and certification notification the obligation of the school district. Mayor Potts opened the Public Hearing at 7:20 p.m. The following member of the audience spoke in favor of disclosing the Mello Roos districts: Mike LeBlanc, The Irvine Company There were no other speakers on the subject and the Public Hearing was closed at 7:20 p.m. It was moved by Thomas, seconded by Pontious, to approve the environmental determination for the project by adopting the following Resolution No. 93-82: RESOLUTION NO. 93-82 - 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 THE REQUEST FOR TIME EXTENSION TO THE EXPIRATION DATE OF TENTATIVE TRACT MAP NO. 14397 AND ALL FEASIBLE MITIGATION MEASURES HAVE CITY COUNCIL MINUTES Page 3, 8-2-93 BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas, seconded by Pontious, to approve a one (1) year extension of time to the expiration date of Tentative Tract Map No. 14397; and include Mello Roos district disclosure information by adopting the following Resolution No. 93-83 as modified: RESOLUTION NO. 93-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE MODIFICATION OF CONDITION OF APPROVAL NO. '10.1 OF RESOLUTION NO. 2916 TO ALLOW A ONE (1) YEAR TIME EXTENSION TO THE EXPIRATION DATE OF TENTATIVE TRACT MAP NO. 14397 Motion carried 5-0. 600-70 3. RESOLUTION NO. 93-78 ADOPTING THE 1993-94 SOLID WASTE COLLECTION ASSESSMENT REPORT AND CONSIDERATION OF A PROPOSED AMENDMENT OF THE AGREEMENT WITH GREAT WESTERN RECLAMATION William Huston, City Manager, reported solid waste collection rates were on the tax rolls and to meet the County tax roll deadline, it was necessary to take action prior to August 10, 1993. He stated that Great Western Reclamation had submitted a proposal for lower trash rates in exchange for a 2 -year contract extension, and noted the contract termination date in the report should be corrected to June 30, 2000. Ronald Nault, Director of Finance, summarized the elements used to determine trash collection rates including increased w-+ Material Recovery Facility (MRF) charges; disposal charges; hauling charges; and a 10 cent per month charge to offset collection delinquencies. He stated that the available credit from last year's refund from Great Western Reclamation was $114,733.00, and based upon current residential unit count, a credit of $1.31 per month may be applied to residential and commercial can units over a one-year period, or, divided into a two-year or three-year period. He explained Great Western's proposed contract amendment including a two-year term extension; 5 cent per month reduction in residential rates; and freezing all current commercial service rates at their existing level. A brief Council/staff discussion followed regarding the City's receipt of the proposal from Great Western Reclamation on July 21, 1993; late availability of staff report to public; and the public hearing notice. Mayor Potts opened the Public Hearing at 7:30 p.m. The following members of the audience expressed concern regarding inadequate public noticing, lack of sufficient time to study the matter, and requested postponement of Council action: Carl Kasalek, Tustin Guido Borges, Tustin Berklee Maughan, 14331 Green Valley, Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:40 p.m. Council/staff discussion followed regarding the August 10, 1993 County tax roll deadline; clarification that adoption of Resolution No. 93-78 would only indicate the rates on the tax roll; continuing the Public Hearing; and postponement of reduced rates would negate future savings. Mayor Potts stated that Great Western Reclamation had provided good service; however, he voiced concern with the automatic CITY COUNCIL MINUTES Page 4, 8-2-93 extension or "evergreen" clause in the contract and supported opening the bid process in 5 years. Councilmember Pontious stated her concern with the inadequate time to review and discuss the issue with the community and said that she believed once the residents hadstime to study and understand the proposal, Council could then move forward. She noted that the City had not received trash collection complaints; Great Western Reclamation was a good company; and there were no guaranteesofprice reduction:,if solid waste collection was opened for bid in 5 years. She stated that approval of the contract amendment would lower rates and create incremental savings over the years. Councilmember Thomas stated he believed the public should not be required to pay for delinquent accounts and was opposed to charging the 10 cent delinquency fee. He said that by accepting Great Western Reclamation's proposed agreement amendment, paying the $114,733.00 refund, and eliminating the 10 cent delinquency charge, customers would save approximately 11.5%. He stated he was concerned regarding the public's inadequate time to study this issue; however, he supported providing savings to the residents. Council/staff discussion followed regarding the options of refunding the $114,733.00 credit to the public; and the revenue impact of eliminating the 10 cent delinquency charge. Mayor Pro Tem Saltarelli stated he was opposed toincreasing taxes and if the proposed >agreement -amendment ;. was :not passed, customers' rates would increase approximately 85 cents next year. He said his position on the trash issue had been consistent and that Great Western Reclamation was an excellent company. He noted that Great Western Reclamation did not have a legal obligation to lower their contract rates and that in order to extend the contract two years, the company was willing to eliminate a rate increase and the "evergreen" clause. He stated his support of the proposed agreement amendment; eliminating the 10 cent delinquency charge; and because of the recessionary conditions, refunding the $114,733.00 credit to customers in one year. Councilmember Puckett noted Great Western Reclamation's proposal would save commercial users approximately $504,300.00 and residents approximately $294,400.00 over a 5 -year period. He stated that becauseofthe significant savings, offered; Great Western Reclamation's excellent performance; and the 'economicconditions; he was in favor of supporting the proposed agreement amendment. The following member of the audience stated complaints regarding Great Western Reclamation's service were not being forwarded by staff to Council: Berklee Maughan, 14331 Green Valley, Tustin Council/staff discussion followed regarding the tax roll deadline and conducting a special meeting on this issue. Mayor Potts stated that Council had previously voted on opening the trash contract to a competitive bid process in 5 years, and although Great Western Reclamation was offering savings, the agreement would have to be extended an additional 2 years. He said opening competitive bidding in 5 years would also save the City money. Councilmember Pontious pointed out the capital costs to the company and the benefits of extending costs over 7 years instead of 5 years, which would then be passed on to customers as a rate reduction. She stated that opening the bid process in 5 years would not guarantee lower costs and according to people she had contacted, they preferred taking the rate reduction at this time. CITY COUNCIL MINUTES Page 5, 8-2-93 Mayor Pro Tem Saltarelli moved to adopt the 1993-94 Solid Waste Collection Assessment Report and approve the proposed amendment of the agreement with Great Western Reclamation. Saltarelli voted in favor; Potts, Thomas opposed; Pontious and Puckett did not vote. Councilmember Puckett stated he had not voted in order to allow a member of the audience to speak on the subject. Mayor Pro Tem Saltarelli withdrew his motion. The following member of the audience spoke regarding inadequate time to study this issue: Carl Kasalek, Tustin Council/speaker/staff discussion followed regarding Great Western Reclamation's last minute submittal of the agreement amendment; Solid Waste Collection Assessment Report; Exhibit F, the weighted average increase of 1.7 percent; and scheduling a special meeting before the tax roll deadline. It was moved by Thomas, seconded by Pontious, to reopen the Public Hearing at a special meeting of the City Council on Thursday, August 5, 1993, 7:00 p.m., at the Tustin Area Senior Center. Motion carried 5-0. 830-50 400-10 VI. PUBLIC INPUT 1. UNSIGHTLY CONDITIONS OF UNOCAL/EXXON SERVICE STATIONS - r--• MCFADDEN/TUSTIN VILLAGE WAY Donna Wilson, 15500 Tustin Village Way #117, Tustin, expressed concern with unsightly conditions of the Unocal and Exxon service stations at McFadden/Tustin Village Way. Mayor Potts stated staff would investigate the matter. 2. GANG ACTIVITY/PROPERTY CONDITIONS - SOUTH SIDE OF ALLIANCE STREET Pame'1 Popoff, representing Tustin Effective Apartment Managers (TEAM), read a letter from TEAM describing gang activity and property conditions on the south side of Alliance and requested Code Enforcement, Police, Fire and Health Department assistance. Mayor Potts requested all landlords join TEAM organization efforts and absentee landlords would be subject to strict code enforcement. 3. CULTURAL ARTS PROGRAM AND FUTURE PARR Don Biery, representing Tustin Area Council for Fine Arts, complimented the City on the summer Cultural Arts program; and requested Council endorsement of a future Cultural Arts park. VII. CONSENT CALENDAR Items No. 1, 7, and 9 were removed from the Consent Calendar by Councilmember Puckett, Mayor Pro Tem Saltarelli, and Mayor Potts. It was moved by Thomas, seconded by Pontious, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,968,902.67 and ratify Payroll in the amount of $306,567.68. 380-10 CITY COUNCIL MINUTES Page 6, 8-2-93 3. RESOLUTION NO. 93-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 93-81 concerning the status of the City's Circulation Element as recommended by the Public Works Department/Engineering^Division. 750-20 4. REJECTION OF CLAIM N0. 93-31 - CLAIMANT, ALLEN MEADOWS; DATE OF LOSS, 4/17/93; DATE FILED WITH CITY, 7/1/93 Recommendation: Reject subject claim forgeneraldamages in the amount of $5,000,000.00 as recommended by the City Attorney. 180-10 S. REJECTION OF CLAIM NO. 93-30 —CLAIMANT, DUANE LEACH; DATE OF LOSS, 4/17/93; DATE FILED WITH CITY, 7/1/93 Recommendation: Reject subject claim for general damages in the amount of $5,000,000.00 as recommended by the City Attorney. 180-10 6. REJECTION OF CLAIM NO. 93-29 - CLAIMANT, BHAVANA AMIN; DATE OF LOSS, 1/9/93; DATE FILED WITH CITY, 6/30/93 Recommendation: Reject subject claim for personal injury damages in the amount of $300,000.00 as recommended by the City Attorney. 180-10 S. RESOLUTION NO. 93-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CONSTRUCTION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT WARNER AVENUE AND PULLMAN STREET Recommendation: Adopt Resolution No. 93-80 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 10. CANINE TRANSFER OF LIABILITY SALES AGREEMENT/BRONCO Recommendation: Approve sales agreement to transfer liability of canine Bronco to Officer Pat Welch as recommended by the Police Department. 400-10 CONSENT CALENDAR ITEM NO. 1 - APPROVAL OF MINUTES - JULY 19, 1993 REGULAR MEETING Councilmember Puckett clarified that the motion on New Business No. 4, Renaming City Parks, should include adding "Tustin" to the name of Centennial Park. It was moved by Puckett seconded by Potts, to approve the City Council Minutes of July 19, 1993, as amended. Motion carried 5-0. CONSENT CALENDAR ITEM NO. 7 - REJECTION OF CLAIM NO. 93-33 - CLAIMANT, JOHN MORRIS AND JENNIFER LARSON; DATE OF LOSS, 1/7/93; DATE FILED WITH CITY, 7/7/93 Mayor Pro Tem Saltarelli questioned if the claimants' attorney, David M. Nisson, was the same David M. Nisson selected as Tustin _ Man of the Year. William Huston, City Manager, responded the attorney, David M. Nisson, was selected as Tustin Man of the Year and was also affiliated with the Tustin Historical Society. It was moved by Saltarelli seconded by Thomas, to reject subject claim.for special and general damages for the approximate amounts of $100,000.00 and $250,000.00 respectively. 180-10 Motion carried 5-0. CITY COUNCIL MINUTES Page 7, 8-2-93 CONSENT CALENDAR ITEM NO. 9 - AWARD OF SERVICE CONTRACT FOR UNIFORM RENTAL AND LAUNDRY Mayor Potts noted that this award of service for uniform rental and laundry service was saving the City $7,174.00 in one year and commended staff for opening the contract to the competitive bid process. It was moved by Potts, seconded by Puckett, to award the service contract for Uniform Rental and Laundry to L & N Uniform Supply. Motion carried 5-0. 400-10 VIII. ORDINANCES FOR INTRODUCTION - None I%. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS - None %I. NEW BUSINESS 1. FEE WAIVER - DINOSAUR DASH Gary Magill, Recreation Supervisor, reported the Tustin Public Schools Foundation was conducting the Third Annual Dinosaur Dash on Sunday, November 7, 1993, at the Tustin Market Place. He stated the Foundation had requested the City waive fees for Police and Field Service Departments' assistance and stated the estimated cost was $1,500.00. He introduced Linda Jennings, Executive Director of the Tustin Public Schools Foundation. Linda Jennings reported last year's event had 2,000 runners '-^ and 5,000 people in attendance. She stated the event's profit was approximately $25,000.00 which was donated to Tustin schools. She thanked the City for their past assistance and support. Council/staff discussion followed regarding required traffic control inspection fees. It was moved by Puckett, seconded by Thomas, to waive Police and Field Service Department fees for the Dinosaur Dash. Motion carried 5-0. 390-55 Linda Jennings presented Council with t -shirts and invited everyone to participate in the event. 2. REQUEST TO UNDERGROUND OVERHEAD UTILITIES - YORBA STREET BETWEEN IRVINE BOULEVARD AND SEVENTEENTH STREET Robert Ledendecker, Director of Public Works, reported staff had received a request from Tustin resident, Roger Kline, to expedite undergrounding utilities on Yorba Street between Irvine Boulevard and Seventeenth Street. He stated staff had reviewed the project and suggested placement on the prioritized underground utilities project list as number 6. Council/staff discussion followed regarding the advantages of maintaining an underground utilities project priority list. It was moved by Potts, seconded by Pontious, to add Yorba Street between Irvine boulevard and Seventeenth Street to the underground utilities prioritized projects list as project number 6. Motion carried 5-0. 3. CITY COUNCIL CHAMBERS USE POLICIES 810-05 Randy Westrick, Recreation Supervisor, reported that with the completion of the Council Chambers renovation, staff was proposing policies limiting its use to governmental meetings. CITY COUNCIL MINUTES Page 8, 8-2-93 He stated that in the past the facility had been available for City classes and public rentals, which now could be held at other City facilities such as the Tustin Area Senior Center and Clifford C. Miller Community Center. Council/staff discussion followed regarding elimination of coffee in the Council Chambers; the need to protect the state- of-the-art audio/visual equipment in the Council Chambers; availability of the Community Center for rentals; and prohibiting food inside the Chambers. The following member of the audience spoke in opposition of restricting rental of the Council Chambers: Don Biery, 1792 Lance Drive, Tustin Council/staff discussion followed regarding rental requests reviewed on a case-by-case basis; and audio equipment provided in the enclosed Council Chambers atrium. It was moved by Puckett seconded by Pontious, to approve revised Facility Use Policies for the City Council Chambers. Motion carried 5-0. 910-10 %II. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JULY 26, 1993 It was moved by Thomas seconded by Pontious, to approve the Planning Commission Action Agenda of July 26, 1993. 120-50 Motion carried 5-0. 2. SYCAMORE AVENUE PEDESTRIAN ACCESS BETWEEN PEPPERTREE AND TUSTIN MEADOWS DEVELOPMENTS It was moved by Thomas seconded by Pontious, to receive and file subject report. Motion carried 5-0. 3. SPORTS PARR DESIGN UPDATE 730-90 It was moved by Thomas seconded by Pontious, to receive and file subject report. Motion carried 5-0. %III. PUBLIC INPUT - None %IV. OTHER BUSINESS 1. COMMUTER RAIL STATION 930-30 Councilmember Thomas commented on the joint Irvine/Tustin City Council meeting, and was pleased with Tustin Council's results. Councilmembers Puckett and Thomas commended Mayor _ Potts for his contributions at the meeting. Mayor Potts commented on results and future goals of joint Irvine/Tustin City Council meetings on the commuter rail station. 2. TOWN HALL MEETING Councilmember Thomas noted the next Town Hall meeting was tentatively scheduled for the first week in September. 3. BEAUTIFICATION/GRAFFITI SUB COMMITTEE MEETING REPORTS Councilmember Thomas questioned when the Beautification Committee/Graffiti Sub Committee meeting reports would be available. CITY COUNCIL MINUTES Page 9, 8-2-93 Christine Shingleton, Assistant City Manager, responded that upon approval of the minutes, Council would receive copies. 4. TUSTIN COMMUNITY FOUNDATION STATUS Councilmember Thomas questioned the status of Tustin Community Foundation. William Huston, City Manager, responded that it was in process with the Internal Revenue Service and upon completion with that portion, Council would select directors. 5. FUND RAISER - TUSTIN HIGH SCHOOL FOOTBALL BOOSTERS Councilmember Puckett reported the Tustin High School Football boosters would hold a fund raiser at Tustin Ranch Golf Club on August 10, 1993. 6. COUNCILMEMBER THOMAS' BIRTHDAY Mayor Potts wished Councilmember Thomas a happy birthday. KV. ADJOURNMENT Mayor Potts adjourned the meeting at 9:08 p.m. The City Council had scheduled a special meeting on Thursday, August 5, 1993, 7:00 p.m., at the Tustin Area Senior Center; a budget workshop on August 16, 1993, 6:00 p.m., at the Tustin Area Senior Center; and the next regular meeting of the City Council was scheduled for Monday, August 16, 1993, 7:00 p.m., at the Tustin Area Senior Center. JIM P078-1 MAYOR (-,j -y MARY E. W dN, CITY T LERK