HomeMy WebLinkAboutCC 1 MINUTES 08-16-93 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTINt CALIFORNIA '
AUGUST 2, 1993
CONSENT CALENDAR NO. 1
8-16-93
II.
III ·
IV.
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.
ROLL CALL
Council Present:
Council Absent:
city Clerk:
Others Present:
Jim Potts, Mayor
Thomas R. Saltarelli, Mayor Pro Tem
Leslie Anne Pontious
Charles E. Puckett
Jeffery M. Thomas
None
Mary E. Wynn
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
PRESENTATION - CHILI COOKWOFF 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.
A1 Lighty, representing Laurel House, thanked the Council and
stated that donations enabled Laurel House to continue serving the
community.
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.
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Page 2, 8-2-93
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.
Vo
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.
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 regding 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.
2. EXTENSION OF TIME FOR TENTATIVE TRACT MAP 14397 (APPLICANT:
IRVINE COMPiI~'X~ DI~ HOSSEINZADEH~ HUNSAKER & 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.
CITY COUNCIL MINUTES
Page 3, 8-2-93
Council/staff discussion followed regarding the City's
inability to control Mello Roos district notifications other
than in Assessment Dis~~.6-2 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 act assessments, 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
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.
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Page 4, 8-2-93
3. RESOLUTION NO. 93-78 ADOPTING THE 1993-94 SOLID WASTE
COLLECTION ASSESSMENT REPORT AND CONSIDERATION OF X PROPOSED
AMENDMENT OF THE ~GREEMENT 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
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
extension or "evergreen" clause in the contract and supported
opening the bid process in 5 years.
CITY COUNCIL MINUTES
Page 5, 8-2-93
Councilmember Pontious stated her concern with the.inadequate
time to review and discuss th~ issue with the community and
said that she believe~'~~!~i~he residents had time 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 guarantees of price 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~p~blic 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 to increasing
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 because of the significant savings offered;
Great Western Reclamation's excellent performance; and the
economic conditions; 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.
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Page 6, 8-2-93
VI.
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.
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.
PUBLIC INPUT
1. UNSIGHTLY CONDITIONS OF UNOCAL/EXXON SERVICE STATIONS -
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.
CITY COUNCIL MINUTES
Page 7, 8-2-93
VII.
GANG ACTIVITY/PROPERTY CONDITIONS - SOUTH' SIDE OF ALLIANCE
STREET
Pame'l 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.
CULTURAL ARTS PROGRAM AND FUTURE PARK
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.
CONSENT CALENDAR
Items No. 1, 7, and 9 were removed from the Consent Calendar by
Councilmember Puckett, Mayor Pro Tem Saltarelli, and Mayor Ports.
It was moved by Thomas, seconded by Pontious, to approve the
remainder of the Consent Calendar as recommended by staff. Motion
carried 5-0.
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.
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.
4. REJECTION OF CLAIM NO. 93-31 - CLAIMANT, ALLEN MEADOWS; 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.
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.
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.
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Page 8, 8-2-93
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 COMPTmTION 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.
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.
CONSENT CALENDAR ITEM NO. I - 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.
Motion carried 5-0.
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 Pucker%, to award the service
contract for Uniform Rental and Laundry to L & N Uniform Supply.
CITY COUNCIL MINUTES
Page 9, 8w2-93
,III.
IX.
X,
XI.
Motion carried 5-0.
ORDINANCES FOR ADOPTION - None
OLD BUSINESS - None
NEW BUSINESS
1. FEE WAIVER - DINOSAUR DASH
Gary Magill, Recreation Supervisor, reported the TustinPublic
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.
Linda Jennings presented Council with t-shirts and invited
everyone to participate in the event.
REQUEST TO UNDERGROUND OVERHEAD UTILITIES - YOREA 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 P0ntious, to' add Yorba
Street between Irvine boulevard and Seventeenth Street to the
underground utilities prioritized projects list as project
number 6.
CITY COUNCIL MINUTES
Page 10, 8-2-93
XII.
Motion carried 5-0.
CITY COUNCIL CHAMBERS USE POLICIES
Randy Westrick, Recreation Supervisor, reported that with the
completion of the Council Chambers renovation, staff was
proposing policies limiting its use to governmental meetings.
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.
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.
Motion carried 5-0.
SYCAMORE AVENUE PEDESTRIAN ACCESS BETWEEN PEPPERTREE AND
TUSTINMEADOWS DEVELOPMENTS
It was moved by Thomas, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0.
3. SPORTS PARK DESIGN UPDATE
It was moved by Thomas, seconded by Pontiou~, to receive and
file subject report.
Motion carried 5-0.
CITY COUNCIL MINUTES
Page ll, 8-2-93
_IV.
XVo
PUBLIC INPUT - None
OTHER BUSINESS
1. COMMUTER RAIL STATION
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
Ports for his contributions at the meeting.
Mayor Ports commented on results and future goals of joint
Irvine/Tustin City Council meetings on the commuter rail
station.
TOWN HALL MEETING
Councilmember Thomas noted the next Town Hall meeting was
tentatively scheduled for the first week in September.
BEAUTIFICATION/GRAFFITI SUB COMMITTEE MEETING REPORTS
Councilmember Thomas questioned when the Beautification
Committee/Graffiti Sub Committee meeting reports would be
available.
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.
$. COUNCILMEMBER THOMASm BIRTHDAY
Mayor Potts wished Councilmember Thomas a happy birthday.
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
CITY COUNCIL MINUTES
Page 12, 8-2-93
Monday, August 16, 1993, 7:00 p.m., at the Tustin Area Senior
Center.
JIM POTTS, MAYOR
MARY E. WYNN, CITY CLERK
II.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
AUGUST $, 1993
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Potts at 7:04 p.m. at the
Tuztin Area Senior Center, 200 South "C" Street, Tuttin,
California. The Pledge of Allegiance was led by Councilmember
Thomas, and the Invocation was given by Councilmember Puckett.
ROLL CALL
Council Present:
Council AbSent:
City Clerk Wynn:
Others Present:
Jim Potts, Mayor
Thomas R. Saltarelli, Mayor Pro Tem
Leslie Anne Pontious
Charles E. Puckett
Jeffery M. Thomas
None
Absent
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
Robert Ruhl, Field Services Manager
Irma Hernandez, Administrative Assistant
Katie Pitcher, Administrative Assistant
valerie Whiteman, Chief Deputy City Clerk
Approximately 20 in the audience
III. PUBLIC HEARING (CONTINUED)
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
Mayor Potts opened the Public Hearing at 7:05.
The following members of the audience spoke in support of Great
Western Reclamation's service and the proposed lower trash rates:
Erin Nelson, Tustin Pride Committee Chairperson
Richard Edgar, 13622 Loretta Drive, Tustin
Kathy Weil, 1702 Summerville Avenue, Tustin
Jerry Weil, 1702 Summerville Avenue, Tustin
George Zolzer, 12592 Browning Avenue, Tustin
The following member of the audience spoke on the commendable
service provided by Great-Western Reclamation:
Helen Edgar, 13622 Loretta Drive, Tustin
The following member of the audience spoke on inadequate public
noticing of this issue and in support of the proposed lower trash
rates:
CITY COUNCIL MINUTES
Page 2, $-5-93
Guido Borges, Tustin
The following member of the audience spoke on the financial and
community service support provided by Great Western Reclamation
to the Tustin Eastern Little League and supported the proposed
.lower trash rates:
Kris Proctor, Tustin Eastern Little League representative
The following member of the audience spoke in favor of the
proposed lower trash rates; and questioned why the City of Santa
Ana had lower trash rates than Tustin with a higher amount of
trash tonnage hauled:
Berklee Maughan, Tustin
William Huston, City Manager, responded the City of Santa Ana had
a three-phase rate structure which would increase rates twice in
1994 and would include phasing in utilization of a Material
Recovery Facility (MRF); and he stated that both cities' trash
tonnage was based upon a State mandated Source Recovery Recycling
Element.
Council/staff/speaker discussion followed regarding Santa Ana's
lower commercial rates; and phasing-in of MRF.
The following.member of the audience spoke on the vague public
notice; inadequate time to study the issue; supported lower trash
rates and the proposed agreement amendment; complimented
Councilmembers who voted on opening the trash contract to
competitive bid process; Great Western Reclamation's good
service; and complimented staff for providing requested
information in a timely manner:
Carl Kasalek, Tustin
Council/staff/Speaker Maughan discussion followed regarding
commercial service rates remaining at existing level for one
year; future rate increases based on percentage of previous
year's rate; tonnage figures supplied by MRF and County of
Orange; MRF ownership by Great Western Reclamation; monitoring
the gross amount of trash tonnage; and future staff report to
address MRF operation and recycling program.
The following member of the audience spoke in favor of opening
the trash contract to competitive bidding:
Paul (inaudible last name)
There were no other speakers on the subject and the Public
Hearing was .closed' at 7:40 p.m.
.i
It was moved by P~ckett, seconded by Thomas, to accept Great
Western Reclamati0n's proposal for lower rates/contract
extension, and adopt the following Resolution No. 93-78:
RESOLUTION NO. 93-78 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF
CITY COUNCIL MINUTES
Page 3, 8-5-93
SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE
OF CALIFORNIA, APPROVING AND ADOPTING A REPORT · RELATIVE TO
PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE-COLLECTION
SERVICES, DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO
BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS
THEY APPEAR ON THE CURRENT ASSESSMENT ROLL
Councilmember Thomas stated that with approval of Great Western
Reclamation's proposal, the trash contract would go to the
competitive bid process in 7 years instead of 5 years; the
automatic extension, or "evergreen" clause would be eliminated;
and customers would have a total rate reduction, including the
credit refund, of approximately 11.5 percent. He stated that
with the poor economy and the State and Federal government taking
funds away from the City, it was positive to be able to offer a
tax reduction to residents. He pointed out the City's policy for
allowing the citizens the opportunity to voice their concerns and
said Council was interested in the public's input.
William Huston,~ City Manager, clarified that adoption of the
resolution would lower the trash rates to $10.61 for residential
customers, including elimination of the 10 cent delinquency
charge, or $10.71 with the delinquency charge; freeze all current
commercial service rates at their existing levels for an
additional year; and extend the term agreement with Great Western
Reclamation for 2 years.
Councilmember Pontious stated the proposed agreement amendment
was a benefit to the community by offering a tax reduction. She
said she favored Option 2 of the proposed credit, refunding in 2
years rather than over 3 years.
Mayor Pro Tem Saltarelli said he also supported the proposed
agreement amendment, but favored refunding the credit in one
year.
Council~discussion followed regarding refunding the credit in one
year.
Councilmember Puckett amended the motion to include elimination
of the 10 cent delinquency charge; and refund the $114,733.00
credit in a one-year period.
Mayor Potts stated the Public Hearing allowed citizens to address
Council with their concerns and questions, and by calling this
special meeting, it allowed the residents to know that Council
was interested in their concerns and not merely "rubber stamping"
staff recommendations. He said with approval of the proposed
agreement amendment it eliminated the "evergreen clause" which
would allow future competitive bid process. He noted his concern
on the lack of a check-and-balance system regarding trash tonnage
and stated that aspect would eventually have to be changed.
Motion carried 5-0.
CITY COUNCIL MINUTES
Page 4, 8-5-93
IV. ADJOURNMENT
Mayor Potts adjourned the meeting at 7:50 p.m. The City Council had
scheduled a Budget Workshop on August 16, 1993, at 6:00 p.m., 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 POTTS, MAYOR
MARY E. WYNN, CITY CLERK