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HomeMy WebLinkAboutCC MINUTES 2000 05 01 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 1, 2000 CALL TO ORDER The meeting was called to order by Mayor Worley at 7:06 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Boy Scout Troop 323 and the Invocation was given by Mr. Al Enderle. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Jeffery M. Thomas, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli None Pamela Stoker William A. Huston, City Manager Christine Shingleton, Assistant City Manager Lois Jeffrey, City Attorney George Jeffries, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Tim Serlet, Director of Public Works Doug Anderson, Senior Project Manager Jim Draughon, Senior Project Manager Joe Meyers, Senior Management Analyst Keith Linker, Associate Civil Engineer Karen Peterson, Senior Planner Scott Reekstin, Acting Senior Planner Lori Ludi, Associate Planner Justina Willkom, Associate Planner Ronald A. Nault, Finance Director · Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Director, Community Development Bevedey White, Deputy City Clerk Approximately 120 in the audience PROCLAMATIONS Fire Service Recognition Day Mayor Thomas read a proclamation declaring May 13, 2000, Fire Service Recognition Day, saluting the skilled men and women who have dedicated their professional and personal lives to the service of others through implementation of fire safety and prevention programs. Battalion Chief Stan Matthews accepted the proclamation, expressed his thanks, and encouraged citizens to visit their local fire stations on May 13, 2000. Tustin Pride Student Poster/Essay Contest Winners Mayor Thomas read and presented proclamations to the Tustin Pride Student Poster/Essay Contest Winners for their achievement. Bob Aris, Tustin Pride Committee Chair, thanked the students and the committee for their participation. Melanoma Month Mayor Pro Tem Worley read a proclamation declaring May 2000, as Melanoma Month, with the City of Tustin endeavoring to educate the public regarding the dangers of sun exposure. Minutes-City Council May 1, 2000-Page I Dr. Paul Yost, Mayor of Seal Beach, received the proclamation and expressed his appreciation and support for this designation. PUBLIC INPUT Chief Deputy City Clerk Retirement - Mike Conley of the Tustin Chamber of Commerce, read a Certificate of Recognition from Assemblywoman Marilyn Brewer, recognizing Valerie Crabill's retirement. PUBLIC HEARING (ITEMS I THROUGH 4) DETERMINATION AS TO WHETHER THE LOW BIDDER FOR THE INTEGRATED SOLID WASTE MANAGEMENT SERVICES CONTRACT IS A RESPONSIBLE BIDDER Mayor Thomas opened the public hearing at 7:31 p.m. Joe Meyers, Senior Management Analyst, reported on May 1, 2000, staff had received from the Iow bidder a site plan bearing the required approvals which had been verified by the City of Santa Ana. Staff was therefore withdrawing its recommendation to find Federal Disposal Service (Federal) a non-responsible bidder. Staff recommended no action be taken. The public hearing was closed. 23. Mr. Meyers continued that staff was requesting Item No. 23 regarding award of contract, be moved to this point on the agenda for public input and requested Council hear a revised staff report recommending the award to Federal Disposal. 400-10 AWARD OF CONTRACT FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES (AGENDA ORDER) Mayor Thomas moved Item No. 23 out of agenda order. Joe Meyers, Senior Management Analyst, noted Council had previously approved the request for bids document for integrated solid waste management services, which identified all bid/bidder requirements and identified the three primary goals: (1) compliance with Measure J and all applicable state laws; (2)increase in service levels for compliance with state recycling laws; and (3) insure that the citizens of Tustin receive the best, most economical service. Mr. Meyers submitted into the record a copy of the City's bid documents with two addendums created in response to questions by local bidders, Federal Disposal's bid submittal, various City and consultant letters, supplementary chronological information from Federal Disposal, and a copy of Federal Disposal's approved site plan submitted on May 1, 2000. He detailed the chronology of the bid process, with Federal Disposal Service submitting the lowest of eight sealed bids received on January 18, 2000; described Federal's past experience with construction/demolition disposal and services to MCAS, Tustin/El Toro; the City's consultant firm of Hilton, Farnkopf & Hobson had conducted a thorough review of Federal Disposal's bid submittal and its operational assumptions, identifying and expressing concern with issues related to Federal's ability to make a timely transition into a full-service municipal refuse service; although responses on Federal's completed questionnaire raised concerns, they did not disqualify Federal as a responsible bidder; City staff had requested a copy of the operating facility permit to insure legal compliance of the site for the required uses; at 10:15 a.m. on May 1, 2000, the City had received a site plan for Federal Disposal's facility, showing all of the required activities, along with approval from the City of Santa Ana; staff stated there was no legal basis upon which to deny the award to Federal Disposal; and recommended that Council approve the award of the contract to Federal Disposal Service. Councilmember Potts expressed concern regarding Federal Disposal's lack of experience with municipal collection services; requested specifics concerning the findings of the City's consultant firm and input from the City Attorney; and suggested the City's consultant respond point by point to questions from the public. His concerns included Federal's ability to obtain the trucks/equipment/manpower required to do the job by October 1, 2000, and to make the transition from construction/demolition hauler to municipal collection for a significant population; he reiterated it was not the City's choice to utilize this new recycling separation system; stated the public would place responsibility on the hauler rather than the state and questioned Federal's ability to answer these complaints; and Monday/Tuesday were the preferred pickup days rather than Thursday/Friday; Minutes- City Council May 1, 2000- Page 2 Mayor Pro Tem Worley questioned Federal Disposal Service's lack of experience with municipal collection, their ability to transition services from another hauler, and conversion from manual collection to an automated 3-cart system that included recyclables; and expressed concern regarding public education, billing aspects and Federal's financial resources. Councilmember Saltarelli stated he and Mayor Thomas had been opponents of putting the waste disposal item out to bid; residents had overwhelmingly voted in support of going out to bid; Great Western (Waste Management) had provided excellent hauling and customer service; that same level of service would be expected from Federal Disposal; solicited Federal's assurances that customer service would always be high on its agenda; and clarified that the contract allowed for five day pickup. Councilmember Doyle questioned how many of Federal's trucks would be in the City each day; the City had performed well with the open bidding and should heed the advice of the consultants; was uncomfortable with the last minute site approval; and agreed that a two- week continuance was needed for further consideration. Don Shubin, President of Federal Disposal Service, expounded on Federal's 1984 incorporation and past experience with state contracts including Huntington State Beach and MCAS, El Toro/Tustin; stated financing was in place to purchase the necessary additional equipment, trucks, carts and containers; equipment schedules and driver pool were established with a comfortable margin to meet the October 1, 2000 start date; Federal's drivers would be utilized for residential routes; over the seven year contract, taxpayers would save approximately $23 million over existing rates; Federal's assets to liabilities ratios were stronger than those of the second Iow bidder; City staff and the consultant had performed an extensive review of the tangible aspects of Federal Disposal Service, its performance history, scope of work, customer service ability, AB939 recycling requirements and reporting requirements of the franchise agreement; testimonies as to the intangible qualities of the company would be given by past and current customers; their motto was that the customer was always right; noted they would be operating thirteen trucks per day for the City of Tustin and were currently running 22-25 trucks per day on other accounts; the best pickup days were Monday and Tuesday; collection five days per week assured having the same drivers with higher loyalty and dependability; was confident Federal Disposal would provide the excellent service the City was seeking; and he looked forward to being an active part of the Tustin community. Mayor Thomas noted a significant issue in having trucks in the City five days instead of two; residents would now be expected to separate their trash using multiple containers; questioned the cost of additional containers; the current contract called for unlimited bulk items and asked if Federal Disposal would go beyond two special pickups; and questioned Federal's community involvement and sense of commitment. Council/consultant/staff discussion followed regarding bulk items and special waste pickup; the service provider could adjust the number of pickups; the $4.00 per month charged for additional refuse containers was contained in the bid specifications and was to encourage use of the recycling cans; and additional green waste containers would be furnished at no charge. Recess - at 8:25 p.m., Mayor Thomas recessed the City Council meeting. The meeting reconvened at 8:40 p.m. The following individuals spoke in support of Federal Disposal: Scott Moore, Manager Contracts Division, American Demolition Brad Fowler, Asst. Chief of Staff/Installation, MCAS 1992-95 Rita McGovern, Empire Services Company Gary Hile, demolition contractor Burt Elliott, Elliott Associates Architects, Huntington Beach Stephen Densmore, Attorney for Federal Disposal Stephen Melvin, Tustin The following individuals spoke in opposition to Federal Disposal: Elizabeth Nadon, 2317 Cranston, Tustin; Regina Sepulveda, 2327 Sunningdale, Tustin; Minutes- City Council May 1, 2000- Page 3 Kathy Riley, 2800 Keller, #67, Tustin; Guido Borges, 2182 Dogwood, Tustin; Bob Coyle, Division President, Waste Management of Orange County Gaye Soroka, Waste Management of Orange County Roger Grable, Attorney for Waste Management of Orange County Jim Astor Councilmember Potts reiterated that no matter how many pickup days were specified, only certain parts of the City would be impacted on any one day; regardless of who the service provider would be, the City would be utilizing a new recyclable system; questioned the City's alternatives should the service prove inadequate; and encouraged the City's consultant/attorney to comment. Lois Jeffrey, City Attorney, pointed out the voters had approved through Measure J the process whereby the City would award a trash contract to the lowest responsible bidder. The process involved careful evaluation of the responsibility of the Iow bidder after the bids were received; the City had followed the required process by which the award could be made; the process of evaluation had left Federal Disposal with one remaining issue of the permitted nature of their site; this issue had been resolved and verified with the City of Santa Ana; Federal had responded to staff's notification of the problems with their bid; there was no evidence that Federal had defaulted on past commitments; the bid evaluation process had been followed, had been fair, with no requirements changed; and the lowest bidder had not been given any special favor. Councilmember Potts questioned the City's legal alternatives in the event of non- performance and inquired if there was any legal reason why the contract should not be awarded to Federal Disposal Service; and wanted the Council to do what was legal and proper in this decision. City Attorney Jeffrey reiterated that the requirement under the law was to award to the lowest responsible bidder; the City had to determine (1) who was the Iow bidder, and (2) was that Iow bidder responsible. No evidence had been presented showing Federal Disposal Service to be not responsible; stated there was no evidence on which to base an award to Waste Management; these were issues Council would have to consider to make a decision; and based on her review of all documents and staff's evaluation, the City must accept Federal's bid. Council/staff discussion followed concerning Hilton, Farnkopf & Hobson's findings; the issue of Federal's site had been resolved; Federal's financial resources could cover any additional equipment needed; Federal appeared to have satisfactory past experience and references on their services; nothing in their history indicated they could not provide service in the City of Tustin; of the seven issues in the consultant's report, the site issue had been resolved and based on the remaining six issues they could not make a conclusive statement that Federal would not be able to perform; the transition period would be difficult, but Federal would likely be able to perform satisfactory service; Federal had provided automated service in the past; automated service providers often collected twice as many accounts in one day as manual service providers; while Federal had no past experience with public education, they would be working with consultants to provide the service of educating the residents; and there were certain instances when the service provider would be responsible for billings. William Huston, City Manager, pointed out that staff had approached the bid from the standpoint of making a fair, objective analysis; there had been concerns with the transition period and Federal's ability to perform; they had to consider the independent information of their consultant, tempered with their experience and legal advice to make the decision; and there was no factual basis to reject the bid. Councilmember Potts commended Hilton, Farnkopf & Hobson for their independent evaluation and expressed concern regarding Waste Management's solvency. Councilmember Doyle stated that based on what he had heard from Council and staff, Federal had been found responsible; and legal problems could follow if the contract were not awarded to the lowest responsible bidder; and the site plan bore signed approval by the City of Santa Ana planning division. Mayor Pro Tem Worley commented on the timing of the last minute approval of the site plan; stated she had been advised by the City of Santa Ana that the site was changing from Minutes- City Council May 1, 2000- Page 4 warehouse to manufacturing and was not considered an intensification of a project; and suggested continuing the matter for two weeks to further examine and verify the site plan. Mayor Thomas agreed that a two week continuance to examine the site plan would be beneficial; language in Measure J defined responsible bidder and stated the City could not sacrifice service to automatically accept the lowest bid; there were no guarantees the City of Santa Ana would not re-define the site usage and impose additional requirements; and stated he would support a two week extension. Councilmember Saltarelli noted that five individuals had stated there was no evidence in the record to allow Council to reject Federal's bid; Waste Management had performed well for the City of Tustin; however, he could not expose the City to a multi-million dollar lawsuit by favoring a company he might feel was superior; none of the evidence presented supported rejecting Federal's bid; questioned if there was anything in the bid specifications that precluded the service provider from working out of another location; Federal's Santa Ana facility was now fully permitted; and stated that continuing the matter for two weeks would serve no purpose. It was moved by Saltarelli, seconded by Doyle, to award the Integrated Solid Waste Management Services contract to Federal Disposal Service of Santa Ana in the amount of $4,224,300 for a period of seven years, with the added provision that the franchisee shall further demonstrate to the City's satisfaction the ability and capacity to provide service by October 1, 2000, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. Mayor Thomas and Mayor Pro Tem Worley reiterated their wish to continue the matter for two weeks to further examine the conditions of the site plan. Councilmember Potts stated concern with the last-minute site approval by the City of Santa Ana; said he had to rely on the experts who stated although there were other concerns, the site plan was the only major issue; and questioned staff for any plausible reason to continue the issue for two weeks. Mayor Thomas reiterated his discomfort not only with the last minute approval of the site plan, but with the six other points the consultant raised regarding Federal's ability to perform. Lois Jeffrey, City Attorney, stated she was satisfied the City had legitimate approval of the site plan from the City of Santa Ana, and there was no need from a legal standpoint to review it further. Motion carried 3-2, Thomas and Wodey opposed. Councilmember Potts stated this had been a difficult decision; Waste Management had given good service to the City of Tustin and he had expected to award the contract to Waste Management; commented on the millions of dollars in savings that can result from putting an issue out to bid, whether or not there is a change in the service provider; and he had voted how he believed was legally proper. Mayor Pro Tem Worley commended Councilmember Potts for having initiated through the bid process the savings the taxpayers would be experiencing over the next seven years; stated the City was undergoing an experiment she hoped would be successful; and thanked Waste Management for its years of good service. Councilmember Saltarelli stated he was opposed to bidding on trash services; said there were Other ways to approach cost savings while preserving excellent vendors; expressed his thanks to Waste Management for their services; no evidence supported rejecting the lowest bid; evaluation was part of the process of making difficult decisions; and hoped Federal Disposal Service could provide the excellent service residents would be expecting. Mayor Thomas thanked staff for the hundreds of hours spent in evaluating the issues and for the public input; he would be observing and strongly hoped the transition would go well; indicated a customer support telephone line would be in place to answer any complaints; and he would be attuned to the level of service being provided. 4oo-lo Recess - At 10:23 p.m., Mayor Thomas recessed the City Council meeting. The meeting reconvened at 10:39 p.m. Minutes- City Council May 1, 2000- Page 5 . CONSIDERATION OF RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT WITH MEDIA ONE GROUP, INC. Joe Meyers, Senior Management Analyst, explained the purpose of the public hearing was to review the performance of Media One, identify the community's needs and interests, and consider the renewal of Media One's cable television franchise; reported staff received an average of five calls per day regarding customer service issues; and customers endured frequent and prolonged television service interruptions that were not adequately explained and were treated with rudeness and indifference by Media One customer service representatives. Media One's customer service staff lacked knowledge regarding its own services/procedures; telephone calls for service were not answered or were answered by recording only; Media One field staff had repeatedly failed to respond to scheduled on-site technical service calls and often did not inform citizens or the City regarding field work that occurred in the public right-of.way; and there were frequent billing issues such as rate increases, Iow service levels and billing errors. Media One offered very limited programming and did not currently offer broad-band internet service; their system was outdated with extremely limited capacity, and their customer service was poor. Media One was currently rebuilding their system; Tustin was one of the last to benefit from the system upgrade; staff would prepare a letter to Media One identifying specific measures that should be included in their proposal; Media One's proposal would be due in 120 days; and the proposal would be brought before Council for consideration. Council/staff discussion followed regarding Media One's apparent lack of customer service; senior citizens were taken off the senior plan and billed the full rate; frustration of the public due to lack of response to calls made to Media One; callers were placed on hold indefinitely; customers were not getting what they paid for; one complainant stated the cable went out four times in one day; complaints were constant; and possible difficulties with service during transition should another provider be contracted. Lois Jeffrey, City Attorney, stated there was under law a transition procedure to be followed should Media One's franchise not be renewed and a memorandum could be provided to Council regarding this procedure. Mayor Thomas opened the public hearing at 10:49 p.m. The following individual spoke in support of Media One: Stephen Sawyer, Director of Infrastructure Affairs, Media One The following individuals spoke in opposition to Media One: John Long, 14941 Bridgeport, Tustin Marvin Sellers, 14402 Grassmere, Tustin Leonard Markwitz, 14761 Del Amo, Tustin Jon Anderson, 13331 Nixon, Tustin The following individuals assumed a neutral position regarding Media One: Nick and Ellen Burkey, Santa Ana Council discussion followed regarding Tustin's Iow priority for DSL lines; the City's permit process was not key to Media One's slow progress; assurances to the City that the situation would improve had not been realized; and there was no longer any local programming or community commitment/involvement by Media One. Councilmember Saltarelli questioned when the rest of Tustin would have digital services. Mr. Sawyer responded as soon as the rebuild was complete and that it depended upon how long the City permit process would take; and he stated it had taken a year-and-a-half to get ten permits for power supplies. Elizabeth Binsack, Director of Community Development, responded that Media One's lack of professional submittals had hindered the overall process; on several occasions Media One had submitted incorrect plans in violation of City municipal code or federal laws; on-site inspections were sometimes required to pinpoint requested locations; the same plans that Minutes- City Council May 1, 2000- Page 6 22. . had been corrected had been resubmitted with no corrections or changes made; there had been some improvement seen with recent Media One submittals; and Media One had begun working more closely with the City. Councilmember Doyle commented on the importance of television in the lives of senior citizens and frustration at the lack of customer service response; and insisted the system must undergo immediate and positive change. Councilmember Potts reiterated the need for local programming in all areas of the City; and commented there were too many complaints regarding Media One's service. Mr. Meyers clarified that community programming and its production facilities were traditionally provided by the cable companies; there was a requirement for a local government channel; Media One did not consistently provide support for local programming; and the City would be requiring dedicated channel capacity to be used for local programming and the provision of local television production facilities by the provider. He continued that Cox Cable was proceeding with construction of a fiber optic system linked into the room adjacent to Council Chambers which would allow programming into their system and provide joint programming over both systems; Cox also planned to provide the City with various transmission and character generation equipment; this equipment would allow scrolling text, agendas, and the playing of tapes; an important intention of the upcoming agreement was to provide the interconnect with Cox to enable joint programming from this location; and the City could assume more responsibility for programming. Mayor Thomas closed the public hearing at 11:30 p.m. It was moved by Worley, seconded by Potts, to authorize staff to prepare and send a letter requesting a franchise agreement renewal proposal from Media One Group, Inc. that responds to the issues identified by the City Council, citizens and staff. 400-10 Motion carried 5-0. EXTENSION OF TERM OF AGREEMENT WITH GREAT WESTERN RECLAMATION (AGENDA ORDER) Mayor Thomas moved Item No. 22 out of agenda order. Joe Meyers, Senior Management Analyst, stated that at the time the bid documents were being prepared, Council had authorized an amendment to Waste Management's contract to allow a one-time extension to accommodate the preparations of a new hauler. It was moved by Potts, seconded by Doyle, to authorize staff to extend the current solid waste agreement with Great Western Reclamation for a three-month period terminating at midnight on September 30, 2000. Motion carried 5-0. 400-10 FY 2000-05 CONSOLIDATED PLAN, FY 2000-01 ACTION PLAN AND PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Mayor Thomas opened the public hearing at 11:30 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Wodey, seconded by Potts, to adopt the following Resolution No. 00-23 approving the FY 2000-05 Consolidated Plan and Resolution No. 00-24 approving the proposed use of Community Development Block Grant (CDBG) funds for inclusion in the One-Year Action Plan for FY 2000-01: RESOLUTION NO. 00-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CONSOLIDATED PLAN FISCAL YEAR 2000-05 FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RESOLUTION NO. 00-24- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROPOSED USE OF FISCAL YEAR 2000-01 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR INCLUSION IN THE ONE- YEAR ACTION PLAN Minutes- City Council May 1, 2000- Page 7 Motion carried 5-0. 640-15 . APPEAL OF CONDITIONAL USE PERMIT 99-012 AND DESIGN REVIEW 99-017 (APPLICANT: SAUNDRA JACOBS, SBA INC. FOR SPRINT PCS) Mayor Thomas opened the public hearing at 11:32 p.m. Elizabeth Binsack, Director of Community Development, spoke regarding the applicant's proposal to locate a 60-foot high major wireless communication facility at 15201 Woodlawn Avenue; showed two alternatives, a 60-foot tall unipole, and a pole disguised as a tree; one option had been approved by the Planning Commission and subsequently appealed by Council; explained local ordinance requirements regarding minimizing visual intrusion with screening and site selection; applicant indicated current service was weak with additional coverage needed for customers in surrounding buildings and vehicles on the 1-55 freeway; the 60-foot high facility was required for coverage in the buildings; two building mounted facilities would provide sufficient coverage; the applicant was pursuing the one ground mounted facility; and staff was seeking direction from Council. Saundra Jacobs, representing Sprint PCS, stated that two 45-foot antenna poles might provide the same coverage as one 60-foot pole; the two pole design would require redesign of the coverage system; the Planning Commission had agreed to all of the conditions presented on March 13, 2000; Sprint's tree design was again approved at the March 27, 2000 Planning Commission meeting; requested clarification of the property owner's responsibility for compliance with the property maintenance ordinance prior to the issuance of a building permit; Sprint would agree to clean any and all debris from the antenna construction and landscape area at the time of construction; although Sprint found it difficult to impose ordinance compliance on the landowner, they would notify the owner in writing, with a copy to the City, of any non-compliant property maintenance issues they observed at the time of construction and during subsequent maintenance of their facility installation; Sprint had spent eighteen months in the approval process while traffic and population had increased; the single 60-foot pole may not now provide the coverage needed due to area growth; and requested Council's approval with the addition of the maintenance issue. Mayor Thomas closed the public hearing at 11:45 p.m. Elizabeth Binsack stated concern that the City would see a proliferation of visually intrusive Sprint poles or building-mounted installations; said Sprint had not exhausted ordinance requirements in site selection; if Sprint did receive the approval, both the property owner and Sprint would be signing the agreement and the owner would be responsible for removing debris prior to issuance of a building permit. Councilmember Saltarelli reiterated he had appealed the Planning Commissions approval out of concern for the possible appearance of multiple, visually intrusive installations; stated rooftop installations next to other equipment would have less impact on the scenery than tall, freestanding installations along freeways; Council must protect the City's aesthetics by carefully evaluating proposed installations; and suggested installations on industrial buildings to lessen visual impact. Council/staff discussion continued regarding approving this installation and evaluating each future installation individually. Elizabeth Binsack stated the recommendation was not necessarily for denial of all Sprint facilities; staff could support installations if they were in the right location and sufficiently screened; because there was vacant land at the subject location the installation seemed more visually intrusive; and Sprint indicated that an additional future installation would be needed at the subject location. Saleem Sattar, Sprint PCS, commented they were currently working on reducing their technology and making it less intrusive; strong area growth had taken place in the past eighteen months and it would be difficult to accommodate building mounts for this particular application; there was an immediate need in this area with a growing number of dropped calls and lack of coverage, particularly on the freeway and adjacent areas near Edinger/Jamboree; and the void needed to be filled. Minutes- City Council May 1, 2000- Page 8 Mayor Thomas suggested approving this site application for a period of thirty-six months allowing Sprint to fill the void and provide time to find some other suitable location while working on their technology; and the installation could be gone by the time redevelopment began in that area. Council/staff discussion followed regarding a provision stating the installation would be removed in thirty-six months; Council could deny approval with appropriate findings; approval could be limited for thirty-six months; or they could be allowed to come back for reconsideration at the end of that period in the event there was not development in that area; Sprint had signed a lO-year lease, contingent upon approval by the City; there were legal problems with requiring them to move because this was a conditional use permit; condition 1.6 could be changed to have Sprint come back in thirty-six months rather than five years; Sprint could then be required to lower the height or change to a building mounted facility; other new conditions could then be imposed; and Sprint had not objected to that condition. It was moved by Worley, seconded by Doyle, to approve Conditional Use Permit 99-012 and Design Review 99-017. 610-40 Motion carried 4-1, Saltarelli opposed. CONSENT CALENDAR (ITEMS 5 THROUGH 21 ) Items No. 16 and 17 were removed from the Consent Calendar by Mayor Thomas and Mayor Pro Tem Worley. It was moved by Potts, seconded by Wodey, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 5. APPROVAL OF MINUTES- APRIL 17, 2000 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 17, 2000. w w = = 10. 11. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,839,520.46 and ratify Payroll in the amount of $414,137.38. 38O-lO 360-82 PLANNING COMMISSION ACTION AGENDA- APRIL 24, 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 April 24, 2000. 120-50 ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 15502 (WESTMONT) Recommendation: Release the following bonds for the indicated amounts: Faithful Performance Bond No. 12-0120-50118-97-4, $16,500.00; Labor and Materials Bond No. 12- 0120-50118-97-4, $8,250.00; and Monumentation Bond No. 12-0120-52709-97-0, $3,700.00 as recommended by the Public Works Department/Engineering Division. 600-70 RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15503 (COLUMBIA) Recommendation: Authorize release of the Monumentation Bond for Tract No. 15503 for the indicated amount: Monumentation Bond No. 12-0120-52710-97-8, $3,700.00 as recommended by the Public Works Department/Engineering Division. 600-70 RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15504 (WESTMONT) Recommendation: Authorize release of the Monumentation Bond for Tract No. 15504 for the indicated amount: Monumentation Bond No. 12-0120-25287-98-8, $3,600.00 as recommended by the Public Works Department/Engineering Division. 600-70 RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15505 (COLUMBIA) Recommendation: Authorize release of the Monumentation Bond for Tract No. 15505 for the indicated amount: Monumentation Bond No. 12-0120-25290-98-9, $7,300.00 as recommended by the Public Works Department/Engineering Division. 600-70 12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 15506 (COLUMBIA) Recommendation: Release the following bonds for the indicated amounts: Faithful Performance Bond No. 12-0120-36629-98-2, $80,000.00; Labor and Materials Bond No. 12- 0120-36629-98-2, $40,000.00; and Monumentation Bond No. 12-0120-36630-98-1, $6,500.00 as recommended by the Public Works Department/Engineering Division. 600-70 Minutes- City Council May 1, 2000- Page 9 13. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15507 (WESTMONT) Recommendation: Authorize release of the Monumentation Bond for Tract No. 15507 for the indicated amount: Monumentation Bond No. 12-0120-36628-98-6, $8,400.00 as recommended by the Public Works Department/Engineering Division. 600-70 14. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15380 (WESTMONT) Recommendation: Authorize release of the Monumentation Bond for Tract No. 15380 for the indicated amount: Monumentation Bond No. JS 5056, $6,800.00 as recommended by the Public Works Department/Engineering Division. 600-70 15. 18. 19. CONTRACT AMENDMENT TO ADD THE TUSTIN RANCH ROAD/JAMBOREE ROAD/PORTOLA PARKWAY LANDSCAPING AND LANDSCAPE EXTENSION OF THE TUSTIN RANCH REGIONAL TRAIL EXTENSION LANDSCAPING TO THE EXISTING CONTRACT WITH ACCURATE LANDSCAPE AND MAINTENANCE, INC. Recommendation: Approve the Fourth Amendment to the contract agreement between Accurate Landscape and Maintenance, Inc. and the City of Tustin for landscape maintenance services as recommended by the Public Works Department/Field Services Division. 400-45 OLD TOWN STREETSCAPE DESIGN PROJECT Recommendation: (1) Authorize the City Manager to enter into a Consultant Services Agreement with Urban Design Studio in the amount of $114,600.00 for engineering and design of streetscape and pedestrian enhancements on El Camino Real between Sixth Street and First Street and in two public alleys, subject to the approval of the City Attorney; and (2) Appropriate $94,600.00 from the City Capital Projects Fund #02, as recommended by the Redevelopment Agency staff and the Public Works Department/Engineering Division. 400-10 RESOLUTION NO. 00-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Recommendation: (1) Adopt Resolution No. 00-31 approving the Joint Exercise of Powers Agreement Relating to the California Statewide Communities Authority; and (2) Authorize the City Manager to execute subject Joint Exercise of Power Agreement as recommended by the Redevelopment Agency staff. 4OO-lO 20. 21. CONSENT CALENDAR CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF OFF-SITE MITIGATION IMPROVEMENT AGREEMENTS FOR MCAS TUSTIN REUSE PLAN Recommendation: Approve a Consultant Services Agreement with the firm of LSA Associates to prepare off-site mitigation improvement agreements for MCAS Tustin in an amount not to exceed $42,000.00; and authorize the Mayor and City Clerk to execute the contract on behalf of the City, subject to approval of the City Attorney, as recommended by the Public Works Department/Engineering Division. 400-10 CENSUS 2000 UPDATE Recommendation: Receive and file subject report as recommended by the Community Development Department. 39o-85 ITEM NO. 16. TERM EXPIRATIONS FOR COMMISSIONS/ COMMITTEES Mayor Thomas questioned the procedure for a commissioner running for another office. Lois Jeffrey, City Attorney, stated she had issued an opinion stating that upon a commissioner/committee member filing candidacy papers with the City Clerk, the date of filing would be the termination date. Council/staff discussion followed regarding the plausibility of this action in light of an established ordinance defining the criteria; legal counsel had been unsuccessful in defining the purpose of the ordinance; it should be considered a matter of procedural policy; and continuing the matter for one month would prevent having to re-appoint to fill vacancies left by those running for office. It was moved by Wodey, seconded by Saltarelli, to continue the appointments to the August 7, 2000 City Council meeting. Minutes- City Council May 1, 2000- Page 10 Motion carried 5-0. 120-40 120-50 120-20 CONSENT CALENDAR ITEM NO. 17. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENT FOR THE 2000-01 FISCAL YEAR Mayor Pro Tem Worley questioned if Tustin Ranch assessments had helped fund the equestrian trail through the gated estates development; and felt if their assessments had assisted in the funding, other Tustin Ranch residents should be able to access it. Elizabeth Binsack, Director of Community Development, suggested the creation of a topographical map to identify all trails and who funded them. It was moved by Worley, seconded by Potts, to adopt the following Resolution Nos. 00-29 and 00-30 approving the Engineer's Report for Fiscal Year 2000-01 and declaring intention to levy assessments for Fiscal Year 2000-01 and set a public hearing for June 19, 2000: RESOLUTION NO. 00-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2000-2001 RESOLUTION NO. 00-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2000-2001 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF Motion carried 5-0. 340-60 REGULAR BUSINESS ( ITEMS 22 THROUGH 25) 22. EXTENSION OF TERM OF AGREEMENT WITH GREAT WESTERN RECLAMATION Item No. 22 was moved out of agenda order. See page 7. 23. AWARD OF CONTRACT FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES Item No. 23 was moved out of agenda order. See page 2. 24. MAYORAL APPOINTMENTS TO COMMITTEES It was moved by Worley, seconded by Potts, to approve the Mayor's appointments. The appointments would remain unchanged, with the exception that Tim Serlet, Public Works Director/City Engineer, would serve as alternate to the Upper Newport Bay Executive Committee. Motion carried 5-0. 420-65 25. URGENCY ORDINANCE REGULATING TELECOMMUNICATION FACILITIES IN THE CITY'S PUBLIC RIGHTS-OF-WAY Lois Jeffrey, City Attorney, explained the ordinance dealt with proliferation of facilities in the City's right-of-way, with one telecommunications provider proposing fiber optics cables and another proposing to install boxes on light poles; and the ordinance was to regulate the installation of these permanent facilities. She continued that the providers must secure a right-of-way agreement with the City to install their facilities in City streets and would be paying either a franchise fee or license fee, depending upon the type of service provided; proposed attachments to City utility or light poles would be reviewed by the Planning Commission and approved by Council; the ordinance would give City control over these installations in City streets, serving as the regulatory framework: and amendments would be made to the ordinance as the needs became clearer. Minutes-City Council May 1, 2000-Page 11 Kim Scherer, representing Edison Carrier Solutions, a division of Southern California Edison, explained they were in wholesale telecommunications serving Sprint, AT&T, Pacific Bell, etc; Edison Carrier Solutions was requesting that they and other telecommunications companies be allowed to participate and have input in the development process of the City's permanent ordinance regulating telecommunications installations. Council/staff discussion followed regarding the need for this regulatory framework; and a company was ready to begin construction of installations on Wilson Street, with another provider expected in the near future. It was moved by Worley, seconded by Potts, to have first reading by title only and adoption of the following urgency Ordinance No. 1229: ORDINANCE NO. 1229 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 7 TO ARTICLE 7 OF THE TUSTIN CITY CODE PERTAINING TO TELECOMMUNICATION FACILITIES Motion carried 5-0, (roll call vote). 800-05 Pamela Stoker, City Clerk, read Ordinance No. 1229 by title only. PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Residential Occupancy - Councilmember Potts requested staff attend the Comlink Forum on May 4, 2000. Council Chamber- Councilmember Potts stated the need for a thermostat set at constant temperature; installation of new mute buttons on microphones; and new Council chairs. Kiev Symphony Orchestra - Mayor Pro Tem Worley commented on the Kiev Symphony Orchestra's concert at Foothill High School. Mayor Thomas remarked on how much he enjoyed the concert. Tiller Days Committee - Mayor Thomas stated the Tiller Days Committee was upset that candy would not be thrown by Council to the crowd this year during the parade; and requested staff develop alternative ways to give candy to children attending the parade. Interfaith Prayer Breakfast- Mayor Thomas stated he would be attending the Interfaith Prayer Breakfast on May 4, 2000. Tustin Pride Committee - Mayor Thomas stated the Tustin Pride Committee was complaining about the appearance of the corner of Nisson/Red Hill. AYSO Tournament- Mayor Thomas remarked on the groat tournament held by AYSO. Easter Egg Hunt- Mayor Thomas stated the Easter Egg Hunt had been an outstanding event. Calls From Citizens - Mayor Thomas requested staff contact a citizen who had been calling him repeatedly. CLOSED SESSION - None ADJOURNMENT- Mayor Thomas adjourned the meeting at 12:28 a.m. The next regular meeting of the City Council was scheduled for Monday, May 15, 2000, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. PAMELA STOKER, CITY CLERK MAYOR Minutes- City Council May 1, 2000- Page 12