HomeMy WebLinkAbout01 MINUTES 11-06-00 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
OCTOBER 16, 2000
NO. 01
11-06-00
CALL TO ORDER
The meeting was called to order by Mayor Thomas at 7:03 p.m. in the Council Chamber, 300
Centennial Way, Tustin, Califomia. The Invocation was given by Bill Stevens, Salvation Army
Church and the Pledge of Allegiance was led by Boy Scout Troop 323.
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
Omar Sandoval, Deputy City Attorney
George Jeffries, City Treasurer
Ronald A. Nault, Finance Director
Steve Foster, Chief of Police
Elizabeth Binsack, Director of Community Development
Tim Sedet, Director of Public Works
Pat Sanchez, Director of Parks and Recreation Services
Dana Kasdan, Engineering Services Manager
Joe Sovella, Interim Water Services Manager
Doug Anderson, Senior Project Manager
Jim Draughon, Senior Project Manager
Bevedey White, Chief Deputy City Clerk
Approximately 100 in the audience
PROCLAMATION - None
PUBLIC INPUT- None
CLOSED SESSION - At 6:00 p.m. Mayor Thomas opened Public Input. There were no
members in the audience and Public Input was closed. Mayor Thomas announced the City
Council would convene in closed session to confer with their labor negotiator, Arlene Marks,
Director of Human Resources, regarding Tustin Municipal Employees Association, Tustin Police
Managers Association, and Tustin Police Officers Association; and to confer with the City
Minutes- City Council October 16, 2000- Page I
Attorney regarding anticipate,. ,~tigation pursuant to Governme,,,¢ Code Section 54956.9
(b)(3)(A) (one case) (significant exposure to litigation) and 54956.9(c) (one case) (City is
considering initiating litigation.)
PUBLIC HEARING - None
CONSENT CALENDAR (ITEMS 1 THROUGH 10 )
It was moved by Worley, seconded by Doyle, to approve the Consent Calendar as recommended by
staff. Motion carried 5-0.
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APPROVAL OF MINUTES - OCTOBER 2, 2000 REGULAR MEETING
Recommendation: Approve the City Council Minutes of October 2, 2000.
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APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,252,334.20 and ratify Payroll in
the amount of $418,282.67.
RESOLUTION NO. 00-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE
ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT FY 2000-2001
(PROJECT NO. 402-6235) AND AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 00-70 approving the plans and specifications for
the Annual Sidewalk and Curb and Gutter Repair Project FY 2000-2001 and authorizing
and directing the City Clerk to advertise for bids as recommended by the Public Works
Department/Water Services Division.
RESOLUTION NO. 00-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ACCEPTING THE WORK OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN
REPLACEMENT PROJECTS, PROSPECT AVENUE, SEVENTEENTH STREET AND
NEWPORT AVENUE (CIP NOS. 6141, 6142, AND 6087)
Recommendation: Adopt Resolution No. 00-66 accepting said work as complete and
authorize the recordation of the Notice of Completion and direct the City Clerk to 1) Release
the Labor and Materials Bond not sooner than thirty-five (35) days after the date of
recordation of the Notice of Completion; and 2) Release of Faithful Performance Bond not
sooner than one year after the date of recordation of the Notice of Completion; and assuming
no claims or Stop Notices are filed, it is further recommended that 35 days after the date of
recordation of the Notice of Completion the City Council authorize payment of the final 10% in
the amount of $82,763.34 to Steve Casada Construction Co., Inc. as recommended by the
Public Works Department/Engineering Division.
AWARD OF CONTRACT FOR CANOPY FOR STREET SWEEPER UNLOADING AREA,
NPDES COMPLIANCE (CIP NO. 1036) '-'
Recommendation: 1) Approve a supplemental appropriation of $95,000.00 for FY 2000-2001
from the unappropriated balance of the Capital Improvement Fund to the canopy for street
sweeper unloading area, NPDES Compliance Project (CIP No. 1036); and 2) Award the
construction contract for the canopy for the street sweeper unloading area to Station
Equipment Leasing Corp., the Iow bidder, in the amount of $220,496.75, and authorize the
Minutes - City Council October 16, 2000 - Page 2
Mayor and the City ,....,~'k to execute the contract doc~...~nts on behalf of the City as
recommended by the Public Works Department/Engineering Division.
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SURPLUS EQUIPMENT SALES REPORT
Recommendation: Receive and file subject report as recommended by the Public Works
Department/Field Services Division.
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RESOLUTION NO. 00-68- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING THE ASSIGNMENT OF THE LEASE
AGREEMENT FOR THE FOOD AND BEVERAGE CONCESSION AT THE TUSTIN
SPORTS PARK
Recommendation: Adopt Resolution No. 00-68 approving the assignment of the lease
transfer of the Tustin Sports Park COncession to Luigi and Amy Ravetto, dba Express
Sports Caf~ and waive the City's right to collect a transfer fee as recommended by the
Director of Parks and Recreation.
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PLANNING COMMISSION ACTION AGENDA - OCTOBER 9, 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 October 9, 2000.
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QUARTERLY INVESTMENT REPORT
Recommendation: Receive and file subject report as recommended by the City Treasurer.
10.
RESOLUTION NO. 00-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN
THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN
Recommendation: Adopt Resolution No. 00-69 modifying the .Appendix (Designated
Positions) contained in the City's Conflict of Interest Code to add the positions of Director of
Human Resources, Associate Civil Engineer, and Assistant Civil Engineer as recommended
by the Office of the City Clerk.
REGULAR BUSINESS (ITEMS 11 THROUGH 16 )
11.
AMENDMENT TO THE AGREEMENT BETWEEN ORANGE COUNTY WATER
DISTRICT AND THE CITY OF TUSTIN FOR THE CONSTRUCTION, OPERATION,
.AND ACQUISITION OF A GROUNDWATER DESALTER PROJECT, FOR
REPLACEMENT OF FAILED WELL
Tim Serlet, Director of Public Works, reported on the proposed new well that would replace
Well Number One, presently operating at 75% capacity; costs were anticipated at $1 million;
well design/construction would be funded through a loan from Orange County Water District
in accordance with terms of the original agreement and the proposed amendment; the
Metropolitan Water District (MWD) was providing financial incentives under a Groundwater
Recovery Program; and it was anticipated that the project loan would be paid through
financial incentive provided by MWD on each acre-foot of water produced annually at the
Desalter.
It was moved by Potts, seconded by Saltarelli, to approve the amendment to the agreement
between the Orange County Water District and the City of Tustin for the Construction,
Operation, and Acquisition of a Groundwater Desalter Project, for Replacement of Failed
Minutes - City Council October 16, 2000 - Pas:e 3
12.
Well, and authorize the. Mayor and City Clerk to execute the amendment on behalf of the
City.
Motion carried 5-0.
AT&T BROADBAND SERVICE RATES
Del Heintz, Director of Local Government Affairs, AT&T Broadband, stated AT&T's position
had not changed since the last presentation to Council; noted that AT&T had installed
approximately 1,600 new set converters in the Tustin area; and said he and Steve Sawyer,
AT&T representative, were available to address Council concems.
Councilmember Doyle stated he had heard only one positive comment regarding the cable
service; the main concem was the purported rate increases and requested clarification;
believed the rates were exorbitant for senior citizens on fixed incomes; was concemed with
requirements for a set-top converter box; and the cable service company should be
community oriented with a program developed specifically for senior citizens.
Council/Mr. Heintz discussion followed regarding levels of service offered; the Basic One
level was still available and provided 22 to 23 channels without a converter box for $8.79 per
month; additional channels would require the converter box and additional fees; citizens were
concemed their cable charges were increasing an additional $9.00 to $16.00 per month for
remotes and set-top boxes they did not want; 27 channels were being added to the Basic
Two service at a cost of $.95 per month; Basic Three service would increase $. 12 per month;
the box charge would increase $.20 per month and the remote, $.05 per customer;
customers had' been demanding the History, Learning, and HBO premium channels be made
available through the new rebuild; set-top boxes were part of present technology and would
remain in the future; although cable offerings in Tustin had advanced, customer service was
extremely poor;, change-out scheduling had been disorderly with AT&T service
representatives not showing up for scheduled appointments and unreasonable service
schedules for customers; if customer service would not improve, AT&T's contract might not
be renewed; 3,500 set-top boxes had been installed within the last nine days; and AT&T
wished to address issues individually with customers.
Councilmember Potts stated he had received calls from two parties who had not yet
considered the costs but were very pleased with the additional channels; consumers needed
time to adjust to the new system; and the provider should be given an opportunity to rectify
problem areas.
Mayor Thomas expressed concem that some citizens, including seniors, could lose cable
service for extended periods during the changeover; and stated scheduling concerns must be
addressed.
Del Heintz. responded that the basic service would still be operating with only Basic Two and
Three services briefly interrupted during the scheduling/changeover.
Steve Sawyer stated citizen concems resulted from unfamiliar technology; these concems
would occur with any cable service company; and the projected completion of the
changeover in TUstin was December 15, 2000.
Minutes - City Council October 16, 2000 - Page 4
The following me,. ~rs of the audience voiced dissatk. ~ion with AT&T service:
James Sirkin, Tustin
Douglas Miller, County of Orange
John Dillon, 17574-01 Vandenberg Lane, Tustin
Bobbi Malsted, Tustin
Adrian Morton, Tustin
Lod Gilbertson, Tustin
Barbara Webb, Tustin
Ead Williams, County of Orange
The following member of the audience expressed concern with availability of set-top
converter software and called attention to AT&T circular fine print regarding disclosure of
consumer information:
Stephen Melvin, 663 Ambrose Lane, Tustin
Mayor Pro Tem Wodey stated citizens were livid about higher costs, having set-top boxes
forced on them, and poor cable service; questioned what the City could do to rectify the
problems; and recommended acceleration of the process for negotiation with other cable
service providers.
Lois Jeffrey, City Attorney, stated that cable service was not regulated by the City;. and the
City would be evaluating service and considering whether to renew the franchise agreement
with AT&T.
Council/staff discussion followed regarding the City's options; franchise renewal proceedings
required public hearings to evaluate the performance of the provider; the term of the current
franchise would run for another two years; the City could adopt a resolution 'of non-renewal
and then request proposals for other providers; the City could purchase and operate the
system or negotiate with other providers; and fair market value of the system could be
determined quickly.
Mayor Thomas noted the matter would come before Council again in January, allowing two
months to rectify problem issues; and believed the present issues were part of a broader
problem that needed to be identified.
Council/AT&T representatives discussion continued regarding franchise renewal; AT&T's
proposed franchise renewal had been submitted to the City; the set-top converter boxes were
the next step toward digital services; the boxes allowed two-way communication not available
previously; digital service would require box replacement and would allow for 200 to 250
channels; whatever choice of service the consumer made would require a converter box;
curbside technology had been unsuccessful; senior discounts did not occur once seniors
moved; the provider was willing to address senior discounts on an individual basis; clarified
that the introduction of converter boxes and other changes had been planned well in advance
of AT&T's purchase of Media One; many consumers had been receiving premium channels
in error at no charge; and the new technology would discontinue free channel reception.
Councilmember Saltarelli noted the problematic history with cable service in the City;
believed AT&T could offer solutions to all of the issues; suggested seniors be accorded
discounts not only for basic cable, but for premium channels; and believed a new mentality
Minutes - City Council October 16, 2000 - Page 5
was needed by AT&T t~, establish better customer relations ,or resolution of long-standing
problems.
Mayor Pro Tem Worley compared the relatively good service by Cox Cable in Tustin Ranch
to other areas served by Media One; citizens were angry regarding AT&T's cable service and
requirements for additional equipment; complaints had been ongoing for six years; and the
new service rates created significant cost increases.
Councilmember Potts suggested AT&T report back to Council, point by point, on how the
immediate issues had been resolved; staff should compare the rates/system of Cox
Communication in order 'to compare the two providers; and Council could then make a
decision whether to renew the franchise.
Council/Del Heintz discussion followed regarding concerns that AT&T was going to sell the
cable system to Cox Cable.
Mayor Thomas recessed the meeting at 8:16 p.m. The meeting reconvened at 8:25 p.m.
It was moved by Potts, seconded by Wodey, to receive and file subject report and request
AT&T report back in writing to Council regarding resolution of citizen issues.
Motion carried 5-0.
13.
ORDINANCE NO. 1231, AMENDMENT TO THE SEXUALLY ORIENTED BUSINESSES
CODE
It was moved by Saltarelli, seconded by Worley, to have second reading by title only 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 OF THE TUSTIN CITY
CODE, RELATING TO THE INVESTIGATION, ISSUANCE, AND APPEAL OF PERMITS
FOR THE ESTABLISHMENT OF SEXUALLY ORIENTED BUSINESSES
It was moved by Saltarrelli, seconded by Potts, to adopt Ordinance No. 1231.
Motion carried 5-0 (roll call vote).
14.
PRESENTATION BY TUSTIN OLD TOWN ASSOCIATION REGARDING PROPOSED
APPLICATION TO CALIFORNIA MAIN STREET ASSOCIATION
John Powers and Sharon Jones, Tustin Old Town Association (TOTA), gave a Powerpoint
presentation detailing Tustin Old Town Association's proposal to submit an application to the
California Trade and Commerce Agency to become a California Main Street community;
TOTA's mission was for sustained economic growth and new development/revitalization,
while maintaining a sense of history; the Main Street Program was recommended to
Minutes - City Council October 16, 2000 - Page 6
jumpstart TOTA's effo,,., and had been proven effective, .... evitalization of 1,700 old town
areas in the United States; the program was administered by the state's Trade & Commerce
Agency; training was provided and goals were detailed in writing; once the goals were met
the town would become certified through the Main Street Program; one-half of TOTA's
$16,000.00 budget for the next year was being requested from the City; Main Street Program
applicants would not be considered without the partnership of their city; requested Council's
review of the application in January with a commitment for two years additional funding; and
requested staff's continued support.
Mayor Thomas expressed support for TOTA's vision for the Old Town area; long-term
funding and budgeting were critical aspects in working toward this shared vision; questioned if
homeowners would be allowed to participate; noted his confidence in TOTA's leadership in
bringing the community together; and stated the City would extend its cooperation and
assistance.
Council/TOTA representatives discussion followed regarding area homeowners being
included in the process; TOTA did not endorse political candidates; there was concem if this
monetary investment from the City was adequate to represent a solid commitment; TOTA
was looking toward pursuit of a long-term funding base; and homeowners would be allowed
to serve on the board as voting members.
Christine Shingleton, Assistant City Manager, commended TOTA for supporting the Main
Street Program; the Program parameters had changed to include cities exceeding 50,000 in
population; the Program's approach in organization, design, promotion and economic
restructuring was the basis of successful redevelopment in downtown areas; recommended
the City support the Program with TOTA; and staff was committed to assisting the. application
process to assure the application deadline was met.
Councilmember Potts questioned the number of property and business owners involved with
TOTA and suggested the vacant property landowners be contacted for support; reiterated the
organization could not be involved in politics or endorsement of candidates; and was willing
to commit the maximum amount requested to move the program forward.
Councilmember Saltarelli expressed support in granting the requested funds to enable TOTA
to continue its effort in the Old Town area; other funding could be forthcoming in the form of
grants; and he was anxious to see development that would attract the public to the downtown
area.
Mayor Pro Tem Worley questioned if vacant property landowners were willing to participate;
suggested partial funding by the Redevelopment Agency; and stated her support of the
Program.
Councilmember Doyle stated that as a long-term resident he looked forward to progress in
the downtown area; and supported granting the amount requested.
Councilmember Ports stated that without an off ramp on the Newport freeway, people could
not get to Old Town and businesses south of the freeway were vacating; and requested staff
contact Caltrans to determine the cost of an off ramp as a redevelopment project.
William Huston, City Manager, responded that a prior Caltrans report had revealed two major
obstacles to a new off ramp: state standards versus federal standards, and the City would
Minutes - City Council October 16, 2000 - Page 7
15.
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have to bear the extens~,e costs of the project; and suggestea"reviewing other options such
as signage.
Mayor Pro Tem Wodey questioned the timeframe for streetscape completion in Old Town.
Christine Shingleton, Assistant City Manager, responded the downtown design study would
be completed in eady 2001 ;. altematives could be reviewed with TOTA as early as December
2000; the water yard project was out to bid; negotiations were in process with the developer
regarding the Utt Juice factory; and the development agreement on the Black Sheep Bistro
property would benefit surrounding businesses.
It was moved by Potts, seconded by Doyle, that the Tustin Old Town Association shall submit
an application to the Califomia Trade and Commerce Agency to become a Califomia Main
Street community; and appropriate $15,000.00 to the Tustin Old Town Association.
Motion carried 5-0.
TUSTIN LEGACY: RECOMMENDATION OF SHORT-LIST FOR COMMERCIAL RETAIL
DEVELOPER COMPETITION
It was moved by Worley, seconded by Potts, to accept the recommendation of the Technical
Evaluation Team to short-list Donahue Shriber, Home Depot, et. al., Shea Properties and
Vestar Development as qualified to proceed to the Request for Proposal stage in competition
for development of the approximate 40-acre Tustin Legacy Commercial Retail site.
Motion carried 5-0.
PRESENTATION ON SANITATION DISTRICT ISSUES
Councilmember Saltarelli presented a history of the Sanitation District formation and the
individual districts with their organizational/administrative consolidation; the districts had
maintained different revenue zones; revenue was funded through tax rates; Proposition 13
had affected assessed property values and the funding process; the Sanitation District had
adopted a revenue program in 1979 as a requirement of the Federal Clean Water Act;
property taxes continued to be the basic revenue source, with industrial and commercial
users now paying additional charges based on system usage; consolidation of rates had
been opposed; a Rate Advisory Committee (RAC) was formed to establish fair rates on a
revenue-neutral basis for rate consolidation of the districts; Tustin's District 7 still operated at
its previous lower rate; improvement projects in the Main Street sewer receptor had been
moved up to accommodate MCAS-Tustin; Revenue Area 7 included parts of Tustin, Irvine,
Orange, Newport Beach, and Santa Ana, with Tustin Ranch in the Irvine Ranch Water District
(IRWD) 14; in 1986 District 7 took responsibility for local sewer service from the 7th and 70th
sewer maintenance districts administered by the County and became the only
district/revenue area bearing responsibility for its own maintenance, rehabilitation, and
replacement of local sewers; local sewers were generally owned and operated by a city, a
sanitary district, or a water district; Revenue Area 7 was the exception; IRWD District 14
operated under a contract with the Sanitation District; 200 miles of local sewers would need
rehabilitation at 'a projected cost of $40 million through 2035; Revenue Area 7 had
approximately $400 million in reserves for various projects and major disasters;
recommended the City consider merging into the Irvine Ranch Water District rather than
staying with the Sanitation District; IRWD reserves were high and had newer infrastructure
Minutes - City Council October :[6, 2000 - Page 8
with less capital requir~-,,,ents; and neither the Sanitation L,,..~,~ct nor IRWD were opposed to
this action.
Mayor Thomas questioned the urgency of the decision and if the City would lose its seat with
the Sanitation District; and requested staff examine the viability of merging into IRWD and
report back to Council.
Councilmember Saltarelli responded that if the City merged into IRWD, it would no longer be
part of the Sanitation District but part of IRWD; with the development of MCAS-Tustin, these
considerations and the working process needed to begin now; IRWD was presently
addressing water and sanitation issues relating to MCAS-Tustin; the City needed to consult
with IRWD to determine their financing of Tustin and their methods of determining Tustin's
costs; and suggested Council make a decision within the next 90 to 120 days.
Council concurred to direct staff to report back to Council regarding potential options with
Irvine Ranch Water District in 60-90 days.
Council. discussion followed regarding major system failures in nearby cities and
legislative bodies were applying pressure on public agencies to develop programs of
preventive maintenance through levying heavy fines for system failure.
PUBLIC INPUT- None
OTHER BUSINESS / COMMITTEE REPORTS
TILLER DAYS PARADE & FESTIVAL
Councilmember Doyle stated that the Police Gang Unit did an excellent job at Tiller
Days; and stated the Tiller Days Parade and Festival had been enjoyable.
Mayor Pro Tem Wodey stated Tiller Days Parade and Festival had been a
wonderful event.
Mayor Thomas stated Tiller Days had been enjoyable, noted the police presence
at the event and commended staff and the Tiller Days Committee for a job well
done.
OLD TOWN OFF RAMP
Councilmember Potts requested staff examine the possibility of constructing a
Freeway off ramp for Old Town.
NOVEMBER 6, 2000 COUNCIL MEETING
Councilmember Potts noted he would not be in attendance at the November 6, 2000
Council meeting.
AT&T BROADBAND
Councilmember Saltarelli remarked that AT&T representatives had spent the
Minutes - City Council October 16, 2000 - Page 9
remainder of the meeting speaking with audience members who
experiencing cable problems.
were
SKATEBOARD PARK
Mayor Pro Tem Wodey read a letter from a citizen who had received a ticket from
the police department for skateboarding and requested a skateboard park be built in
Tustin. Mayor Pro Tem Worley asked staff to review Frontier Park as a possible
location for a skateboard park.
Mayor Thomas requested staff investigate utilizing the vacant lot on Newport
Avenue near Tustin High School as a skateboard park.
GRAFFITI
Mayor Pro Tem Worley stated that graffiti was appearing in Laurelwood Thursdays
before City Hall was closed alternate weeks for three days leaving the graffiti in
place for the entire weekend.
CEDAR GROVE PARK
Mayor Pro Tem Worley noted that Cedar Grove parking was continually full and was
pleased that additional parking would be installed.
LAURELWOOD FIRE
Mayor Thomas remarked on the recent fire in Laurelwood and stated that many of
the roofs were over 25 years old and needed replacing.
ADJOURNMENT- The next regular meeting of the City Council was scheduled for Monday,
November 6, 2000, at 7:00 p.m. in the Council Chamber at 300 Centennial Way.
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, CITY CLERK
Minutes- City Council October 16, 2000- Page 10