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HomeMy WebLinkAboutCC MINUTES 2000 10 02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 2, 2000 CALL TO ORDER 'The meeting was called to order by Mayor Thomas at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. The Invocation was given by Mayor Pro Tem Worley and the Pledge of Allegiance was led by Councilmember Saltarelli. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli Council Absent: None City Clerk: Pamela Stoker Others Present: Christine Shingleton, Assistant City Manager Lois Jeffrey, City Attomey George Jeffdes, City Treasurer Ronald A. Nault, Finance Director Steve Foster, Chief of Police Elizabeth Binsack, Director of Community Development Tim Sedet, Director of Public Works Arlene Marks, Director of Human Resources Dana Kasdan Engineering Services Manager Gary Magill, Recreation Superintendent Joe Meyers, Senior Management Analyst Beverley White, Chief Deputy City Clerk Scott Reekstin, Acting Senior Planner Approximately 35 in the audience PROCLAMATION - None PUBLIC INPUT DINOSAUR DASH Bob Machado, 1352 Mauna Loa, Tustin, stated the Dinosaur Dash would be held November 5, 2000 and presented tee shirts to Council. Mayor Thomas commended Mr. Machado for his tireless efforts on the Dinosaur Dash event. SOLID WASTE Joy Lejuwaan,14321 Fernbrook, Tustin, wished to applaud Waste Management for the past 30 years of service to the community; noted the Federal Disposal contract began today; and stated the City should subsidize residents requesting extra green waste, recyclable and general refuse bins beginning February 1,2000. REGULAR BUSINESS 10. APPOINTMENT OF COMMISSION/COMMITTEE MEMBERS (AGENDA ORDER) Mayor Thomas moved this item out of agenda order. The following candidates applied for the Planning Commission (1 vacancy for a term expiring July 16, 2001 ): John Beringer, Betty Halderman, Andrew Hamilton. Ginny Hovland, Bernard Miller, Aaron Morris, Elizabeth Nadon, and Jon Spencer. Minutes - City Council October 2, 2000 - Page I Ballots were cast as follows: Thomas: Miller Worley: Miller Doyle: Miller Saltarelli: Miller Potts: Abstained Bernard Miller (4 votes) was appointed to the Planning Commission. The following candidates applied for the Cultural Resoumes Advisory Committee (1 vacancy for a term expiring July 16, 2001 ): Johnny Clay, Nancy Fontaine. and Gary Smith. Ballots were cast as follows: Thomas: Smith Wodey: Smith Doyle: Smith Saltarelli:Smith Potts: Abstained Gary Smith (4 votes) was appointed to the Cultural Resources Advisory Committee. Mayor Thomas congratulated the new Commission/Committee members and offered Council's support. 120-20 PUBLIC HEARING 120-50 1. AMENDMENT TO THE SEXUALLY ORIENTED BUSINESSES CODE Elizabeth Binsack, Director of Community Development, reported Ordinance No. 1204 was adopted in 1998 to regulate sexually oriented businesses; recent Federal Court revisions had affected the City's business permit process in requiring issuance of a temporary 30-day permit within ten business days of receiving a completed application; if a permit was not approved or denied within thirty days of the application it would be deemed complete on the 31st day and the applicant could begin operating the business; the appeal period was changed from five to ten days; and the ordinance required an automatic stay of enforcement of a permit denial, suspension, or revocation throughout the administrative/judidal review process. Mayor Thomas opened the Public Hearing at 7:14 p.m. Elizabeth Nadon, 2317 Cranston Lane, Tustin, questioned the number of sexually oriented businesses presently operating in Tustin and if video rentals fell into this category. Council/staff discussion followed regarding updating the City's ordinance to comply with court decisions to insure a constitutionally defensive ordinance; there were currently no permitted sexually oriented businesses operating in the City of Tustin; video rentals did not fall intb this category but floor area dedicated to adult books/videos was limited; and the City's aggressive revision of its ordinances to comply with current laws had resulted in the absence of sexually oriented businesses in the City of Tustin. Mayor Thomas closed the Public Hearing at 7:16 p.m. It was moved by Doyle, seconded by Saltarelli, to have first reading by title only and introduction of Ordinance No. 1231. Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1231 by title only: ORDINANCE NO. 1231 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3917, SUBSECTION (A) OF SECTION 3918, AND SUBSECTIONS (A) AND (B) OF SECTION 3924 Minutes - City Council October 2, 2000 - Page 2 OF THE TUSTIN CITY CODE, RELATING TO THE INVESTIGATION, ISSUANCE, AND APPEAL OF PERMITS FOR THE ESTABLISHMENT OF SEXUALLY ORIENTED BUSINESSES 480-20 CONSENT CALENDAR ( ITEMS 2 THROUGH 7 ) It was moved by Doyle, seconded by Worley, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - SEPTEMBER 18, 2000 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 18, 2000. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,098,239.10 and ratify Payroll in the amount of $382,784.40. 360-82 380-10 4. AUTHORIZATION TO EXPEND FUNDS - MDS PROJECT Recommendation: Authorize the expenditure of Assgt Forfeiture funds to BreaMDS to meet City's 25% funding responsibility as recommended by the Police Department. 270-38 5. CERTIFIED LOCAL GOVERNMENT 2000 GRANT. Recommendation by the Community Development Department: 1 ) Adopt the following Resolution No. 00-67 authorizing staff to enter into an agreement with the State Office of Historic Preservation for a Certified Local Government grant: RESOLUTION NO. 00-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE STATE OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT 2) AUthorize the Community Development Director or designee as the agent for the City to coordinate, process and execute all documents within the scope of the grant project; and 3) Agree that all required local matching funds or in-kind services be provided by the City for the proposal. 670-25 6. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 25, 2000 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 September 25, 2000. 120-5o 7. THIS ITEM WAS REMOVED FROM THE AGENDA REGULAR BUSINESS ( ITEMS 8 THROUGH 10 ) 9. TUSTIN HIGH SCHOOL TILLER TRICK OR TREAT REQUEST (AGENDA ORDER) Councilmember Potts requested this item be moved out of agenda order. Council concurred to approve a $2,500 contribution to Tustin High School for its "Tiller Trick or Treat" event. Mayor Thomas and Councilmember Ports applauded the efforts of the Tustin High School staff and students in coordinating this event. 330-20 8. REVIEW OF THE NEW SOLID WASTE MANAGEMENT CONTRACT Joe Meyers, Senior Management Analyst, reported on the City's progress from preparation of bid specifications through award of contract to Federal Disposal Services; beginning in February 2001, residential homes would begin utilizing the automated 3-cart residential collection program with a $4.00 per month fee for extra general refuse carts, 5-day a week residential collection, voluntary recycling services and increased waste diversion Minutes - City Council October 2. 2000 - Page 3 performance requirements to comply with State Mandate AB939; one cart would be provided for green waste only, one for mixed recyclables, and one for general refuse; additional mixed recyclable and green waste carts would be provided at no additional cost; and services under the Federal Disposal contract began on October 2, 2000. Councilmember Potts stated many people were involved in putting the solid waste contract out to bid; the City of Tustin's contract was the best of all cities listed on the comparison charts; unlike other cities, unlimited green waste bins were available at no charge; one general refuse bin should suffice for any family; and the $4.00 extra bin charge was to encourage residents to participate.in voluntary recycling. Council discussion followed regarding capacity of the new bins; other cities charged for extra bins; the City of Tustin had taken the approach of not charging for those bins in highest demand, i.e., the green waste and recyclable bins; a family could choose not to recycle and pay the $4.00 fee if an additional general refuse bin was needed; AB939 now required cities to divert 50% of their waste from the landfill: the City could be charged a penalty of $10,000 per day if this standard was not met through recycling; and nearby cities had been recycling for some time. Mayor Thomas stated consideration had been given to the 3-cart versus 2-cart system during the workshop discussions; he had initially advocated a 2-cart system to facilitate a gradual rather than sudden change in collection; the public would accept a 3-cart system if they had incentive and standards of service were high; uncertainties concerning the new hauler's capabilities existed; larger families would be paying more for extra bins due to larger volumes of trash; other cities charged less than $4.00 for an extra refuse bin and many of them half as much; the residents who voted to put this out to bid expecting to benefit realized only a 4% cost reduction while businesses received a 51% reduction; residents would not be happy paying more than they had paid previously; from recent observation most residents were placing some amount of trash alongside their bins for pickup; the previous hauler had picked up items left at the curb; the new contract allowed only two free extra pickups per year of bulk items; and the present Council should attempt to rectify some of these inequities with the current hauler. Councilmember Doyle questioned the justification of past commemial rates when businesses had paid 51% more than they were now paying; and noted the new hauler had been providing service for only one day. Councilmember Potts stated the evergreen clause in the City's previous contract had prevented the matter from going out to bid; he had succeeded in getting the issue on the ballot for the people to decide whether to put solid waste out to bid; the United States afforded individuals the fair right to compete; the new contract would save $18 million over a seven year period; from 1988 to 1994 costs had increased 161% under the previous contract; professional consultants had determined the parameters of the bid specifications; a tremendous effort had gone into the trash issue; was concerned that the ~;4.00 extra bin fee might be interpreted as a family tax rather than recycling incentive; the $4.00 extra bin fee may or may not be charged at some future time; future generations should be considered when deciding whether to recycle due to landfill shortage; the previous hauler had been overcharging for commercial services; omy 30% of the homes in the City of Tustin are single- family; multi-family and apartment homes were considered commercial; reiterated the benefits of the present contract exceeded other cities' contracts and other cities charged for additional 'green waste bins; it was unlikely any family in Tustin would require more than a 96- gallon bin for general refuse; objections to current contract charges or 3-bin versus 2-bin service should have been voiced at earlier opportunities; and the haulers would again be competing for the solid waste contract in seven years. Council discussion followed regarding if and when Federal Disposal Service would levy the $4.00 additional bin charge; renegotiation of certain areas of the contract with the hauler to allow modification should be considered to remedy the perceived ineqUities; and the new system should be given a fair chance to determine if inequities existed. Mayor Pro Tem Worley stated supporting competitive bidding had been a positive action and would result in substantial savings to the public; although commercial and residential costs were calculated more equally in other bids, Federal Disposal had been the lowest overall bidder and had been properly selected; the consultant had suggested that the 2-cart system would not meet the AB939 diversion requirements; the City had been diverting only 25% of its trash and high penalties were threatening; there were still a lot of unknowns regarding Minutes - City Council October 2, 2000 - Page 4 fulur~ Service; the $4.00 extra bin lee seemed rfiOre of a penat~y ~r~d was high in comparison to other cities charging $2.00; and the recycling would not begin until the first of next year, allowing time to adjust to the new hauler and to new pickup days. Councilmember Saltarelli commented the City had always negotiated a good contract; other cities had been fomed to recycle for some time; not understanding the complexities involved, citizens had voted to go out to bid and had not voted for recycling; the previous hauler believed the City could reach the 50% diversion through recycling of green waste alone; the City had to determine bid specifications and he had voted against the initial specifications; viewed the $4.00 charge as an option for those who chose not to recycle; many would not recycle and would willingly pay the $4.00 for the extra bin; commercial rates had subsidized residential rates for some time; there were different yet appropriate perspectives in viewing the issues; landlords of multi-family units would likely pass trash fee increases to their tenants through rent increases; the Council had done its best with the issues and the City should move forward to adjust to changes in hauler, new pickup days, and recycling; agreed that negotiating adjustments with the hauler could be a benefit, but might prove difficult after contract inception; had favored two trash days instead of five; all councilmembers had attempted to engineer the specifications to prevent drastic change in the' City; Waste Management had performed exceptional service for many years; and he was confident that Federal Disposal would do the same. Council/Don Shubin, Federal Disposal Service, discussion followed regarding the inequity of evaluating services of the new hauler after only one day of service; recycling bins would not be introduced until February 2001, giving residents time to adjust to the new hauler; there was no alternative to recycling available to the citizens; with the larger bins there would be fewer items placed alongside the bins; subsidizing added service charges for extra general refuse bins, pickup of trash left outside bins, and bulk item pickup; the automated system often created initial resistance in communities; the 2-cart and 3-cart systems were being successfully implemented state-wide; a family who chose not to recycle and overfilling the large general refuse bin was exceptional; Federal Disposal was performing under contract specifications which required performance with recycling diversion; the $4.00 extra bin charge was to serve as incentive to recycle; thought should be given to better incentives to recycle; Tustin produced voluminous amounts of green waste which would be hauled away at no extra charge; the manual system of voluminous green waste collection might prove more efficient than the automated system; bulky item pickup of three items was available twice annually at no additional charge; boxes left outside the bins would be picked up without charge, unless it occurred repetitively; present considerations by the City involved policy decisions; with landfill sources dwindling, other cities state-wide were looking to follow Tustin's example of competitive bidding; everyone should work together to resolve the current issues; and it was expected the City would receive a high level of service from Federal Disposal Service at minimal cost. it was moved by Doyle, seconded by Worley, to receive and file subject report. Motion carded 5-0. 400-10 ITEM NO. 9 WAS MOVED OUT OF AGENDA ORDER (see page 4) ITEM NO. 10 WAS MOVED OUT OF AGENDA ORDER (see page 2) PUBLIC INPUT - None OTHER BUSINESS POLICE DEPARTMENT Councilmember Doyle commended Police Department staff on a citizen assist. TILLER DAYS Councilmember Doyle, Mayor Pro Tem Wodey, and Mayor Thomas invited everyone to attend Tiller Days Festival and Parade on October 13, 14, and 15. Minutes - City Council October 2. 2000 - Page 5 MCAS-TUSTIN Mayor Pro Tern Wodey noted that the Base Design Bill had been vetoed by the Governor; and Mayor Thomas stated that Senator Ross Johnson had done a great job on the bill and welcomed discussion to reach agreement on the issue. COUNCIL CANDIDATE CAMPAIGN Mayor Pro Tem Worley stated that a survey by a Council candidate mailed to residents was a gimmick and clarified that it was not official City business. NEW BOOK RELEASE Mayor Pro Tem Worley announced that Sheriff Mike Carona and Marlys Wills had co- authored a book, "Save My Son" which dealt with drug addiction. ASSEMBLYMAN KEN MADDOX Mayor Thomas commended Assemblyman Ken Maddox on his recent arrest of robbery suspects while working as a Tustin Reserve Police Officer. MEDIA ONE COMPLAINT Councilmember Saltarelli noted that a citizen had complained that Media One was not securing the "rocks" hiding cable and requested they be locked to prevent potential injury to children. SANITATION DISTRICT Councilmember Saltarelli requested agendizing a presentation regarding the Sanitation District at the October 16, 2000 meeting. COMMITTEE REPORTS SANITATION DISTRICT Councilmember Saltarelli noted there was an ongoing concern with the Sanitation District that would need Council's attention; a number of districts had joined together to form the Orange County Sanitation District for administrative purposes; each district still acted separately, with Tustin falling into three districts, the largest area within DiStrict 7; rates in revenue zones other than Tustin had been consolii:lated while rates in Tustin's Zone 7 had remained at the lower rate; the City needed to consider merging revenue Zone 7 with the Irvine Ranch Water District (IRWD); IRWD served MCAS-Tustin, was financially sound and had less problems than other districts; the City would realize tremendous benefits by such a merger; and an in-depth presentation would be given at the October 16, 2000 City Council meeting. ORANGE COUNTY FIRE AUTHORITY Mayor Pro Tem Worley reported labor negotiations with Orange County Fire Autl~ority had reached an impasse. CLOSED SESSION STATEMENT - The City Council convened in Closed Session to confer with their labor negotiator, Arlene Marks, Director of Human Resources, regarding Tustin Police Support Services Association. ADJOURNMENT - The next regular meeting of the City Council was scheduled for Monday, October 16, 2000, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. PAMELA STOKER, CITY CLERK Minutes - City Council October 2, 2000 - Page 6