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HomeMy WebLinkAbout01 MINUTES 12-04-00 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 20, 2000 NO. 01 12-04-00 CALL TO ORDER The meeting was called to order by Mayor Thomas at 7:08 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. The Invocation was given by Al Enderle and the Pledge of Allegiance was led by Councilmember Potts. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Jeffery M. Thomas, Mayor Tracy Wills Wodey, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli None Pamela Stoker (Absent) .. William A. Huston, City Manager Lois Jeffrey, City Attorney George Jeffdes, City Treasurer Ronald A. Nault, Finance Director Steve Foster, Chief of Police Elizabeth Binsack, Director of Community Development Tim Sed.et, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Adene Marks, Director of Human Resources Dana Kasdan, Engineering Services Manager Joe Meyers, Senior Management Analyst Ron Schultz, Consultant, Public Works Doug Anderson, Senior Project Manager Jim Draughon, Senior Project Manager Karen Peterson, Senior Planner Bevedey White, Chief Deputy City Clerk Approximately 80 in the audience PROCLAMATION JENNIFER SIMMERS, ARTISTIC ROLLER SKATING CHAMPION Mayor Thomas read and presented a proclamation to Jennifer Simmers for her outstanding achievements in Artistic Roller Skating. Ms. Simmers gave a brief description of Artistic Roller Skating and expressed her gratitude for the recognition. Minutes - City Council November 20, 2000 - Page I TUSTIN TILLER DAYS VOLUNTEER CHAIRPERSONS Mayor Thomas read and presented proclamations to volunteers who coordinated the 2000 Tustin Tiller Days Celebration and expressed thanks for their service to the community: Dale Mitbo Cherdll Cady Kenn Hobson Don Biery Maureen Holthe Bill Kim Ardelle Hill Cindy North Nancy Gram Julie Wagner Bevedy Bardngton (Posthumously) Todd Ferguson Adrian Morton Carol Stedman Chady Kim Marisa Charette Mark Geary Dale Mitbo, Tiller Days Committee Chairperson, commented on the hard work of the committee, the enjoyment of participation, and thanked Council for acknowledging their efforts. Cherrill Cady, Parade Committee Chairperson, stated this was her twenty-second year on the Tiller Days Committee and expressed appreciation for the recognition. Mayor Thomas commended the Police Department for an exceptional job in making the Tiller Days celebration a safe event for families with small children to attend. PUBLIC INPUT SKATEBOARD PARK Harold Katzman, 1777 Mitchell, Tustin, requested a skateboard park be constructed in the City. ELECTION CAMPAIGN Ken Mordson, Tustin, congratulated newly elected councilmembers; stated this election had been an expensive, nasty campaign and an embarrassment to the City; remarked that he had been the object of defamatory campaign literature;-said the perpetrators should' not be rewarded; noted Mayor Thomas had not signed a Code of Fair Campaign Practices during the campaign and questioned whether it had been an oversight on the Mayor's part; and wondered why the Mayor had not repudiated the defamatory mailers. SHOPPING CARTS Paul Lindsey, Tustin, suggested installing electronic devices on shopping carts. Minutes - City Council November 20, 2000 - Page 2 DIRECT TV Bob Marsucci, Direct TV representative, spoke on satellite choices; noted the channels were digital; said various stores carried the equipment; and stated Direct TV offered a better product than cable. PUBLIC HEARING (ITEM 1) II APPEAL OF PLANNING COMMISSION APPROVAL OF ADMINISTRATIVE ADJUSTMENT 00-001 AND DESIGN REVIEW 00-024 It was moved by Wortey, seconded by Doyle, to continue the public hearing on the appeal until January 15, 2001. Motion carried 5-0. CONSENT CALENDAR (ITEMS 2' THROUGH 11 ) Item No. 7 was removed from the Consent Calendar by Mayor Pro Tem Wodey and Councilmember Potts stated he would abstain from voting on Item No. 11. It was moved by Doyle, seconded by Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. . APPROVAL OF MINUTES - NOVEMBER 6, 2000 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 6, 2000. . APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,054,380.70 and ratify Payroll in the amount of $394,123.64. . CONTRACT AGREEMENT FOR CITYWlDE TRAFFIC SIGNAL MAINTENANCE SERVICES Recommendation: Direct the Mayor and the City clerk to execute the contract documents on behalf of the City with Computer Service Company for traffic signal maintenance services for a four-year period, renewable annually, subject to approval by the City Attomey as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 00-79 - 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 THE RECONSTRUCTION OF PASADENA AVENUE (ClP NO. 7157) AND SECOND STREET (ClP NO. 7158) Recommendation: Adopt Resolution No. 00-79 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 the 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, 35 days after the date of recordation of the Notice of Completion, the City Council authorize payment of the remainder of the Minutes - City Council November 20, 2000 - Page 3 , 8. o 10. 11. retention in the amount o, ,~16,329.65 to Topline Constructio,. ,nc. as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 00-78- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2000-2001, AND AUTHORIZING ADVERTISEMENT FOR BIDS (CIP NO. 7001) Recommendation: Adopt Resolution No. 00-78, approving the plans and specifications for the Annual Major Maintenance Project FY 2000-2001 and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. APPROVAL OF TWo CONSULTANT SERVICES AGREEMENTS FOR ENVIRONMENTAL DOCUMENTATION AND FOR DESIGN OF TUSTIN RANCH ROAD EXTENSION, WALNUT AVENUE TO FUTURE VALENCIA NORTH LOOP ROAD (CIP NO. 7100) Recommendation: Approve the Consultant Services Agreements with .Moffatt & Nichol Engineers for design services of Tustin Ranch Road Extension in the not-to-exceed amount of $537,863 and with Michael Brandman Associates for environmental documentation in the not-to-exceed amount of $76,845; and authorize the Mayor and City Clerk to execute the Consultant Services Agreements on behalf of the City subject to approval by the City Attorney as recommended by the Public Works Department/Engineering Division. PLANNING COMMISSION ACTION AGENDA- NOVEMBER 14, 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 November 14, 2000. RESOLUTION NO. 00-80- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER Recommendation: Adopt Resolution No. 00-80 approving Amendment No. 3 to the Employment Agreement with the City Manager as recommended by the City Attorney. POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING; POLICE OFFICER: ASSOCIATION MEMORANDUM OF UNDERSTANDING Recommendation: Adopt the following Resolution Nos. 00-82 and 00-83 amending the City's compensation plan, approving the three-year Memorandum of Understanding for the Tustin Police Management Association, and the three-year Memorandum of Understanding for the Tustin Police Officers' Association as recommended by the Director of Human Resources: RESOLUTION NO. 00-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE COMPENSATION PLAN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE MANAGEMENT ASSOCIATION, REPRESENTED BY THE TUSTIN POLICE OFFICERS ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT Minutes - City Council November 20, 2000 - Page 4 RESOLUTION NO. 00-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE COMPENSATION PLAN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS' ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT . CONSENT CALENDAR ITEM NO. 7: RESOLUTION NO. 00-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR PEPPERTREE PARK AND MAGNOLIA TREE PARK (PROJECT NO. 2039) Mayor Pro Tem Wodey commented that these projects constituted major capital improvements and the results were excellent. It was moved by Wodey, seconded by Doyle, to adopt Resolution No. 00-77, accepting said work as complete; authorize 'the recordation of the Notice of Completion; and direct the City Clerk to: 1) Release the Labor and Materials Bond no sooner than 35 days after the date of the recordation of the Notice of Completion; and 2) Release the Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion. Motion carried 5-0 REGULAR BUSINESS ( ITEMS 12 THROUGH 13 ) 12. RENEWAL OF MEDIA ONE'S CABLE TELEVISION FRANCHISE Lois Jeffrey, City Attorney, reported on the status of the Media One franchise; the franchise would expire in July 2002; Media One had requested initiating renewal proceedings; in May 2000, Council held a public headng and received public input regarding concerns about the curr~nt franchise and desired service; the City solicited a proposal for renewal from AT&T which was received and evaluated; Council held additional public meetings where Media One customers expressed concems about Media One's service and quality of operations; the proposed resolution finds as a preliminary matter that Media One's franchise should not be renewed; staff recommended granting Media One an additional 60 days to submit a new proposal addressing City issues and public concems. Council/staff discussion followed regarding the legal name of Media One; Media One was doing business as AT&T Broadband; all previous meetings on the issue would remain a part of the record; a member of staff would be available to answer questions by AT&T to avoid misinterpretation; and any negotiations would take place once the proposal was received and evaluated. Minutes - City Council November 20, 2000 - Pase 5 The following member of the audience spoke regarding the gravity of the issue in the City; customer service; franchise renewal; and was concemed that 60 days would not allow sufficient exchange of ideas/dialog for AT&T to bring to the City what it desired: Perry Parks, Regional Vice-President for Govemment Affairs, AT&T Southern California Council/Mr. Parks discussion followed regarding a written communication received by Council and the City Attomey from AT&T's legal counsel which stated that casual, informal communication could legally impact the issues; as a result of this communication from AT&T legal counsel, caution would be exercised in dialog with AT&T; AT&T's cable service construction/upgrades had been completed; in a competitive environment, customer service would be the deciding factor in determining the cable provider; complaints regarding cable issues with Media One exceeded those of any issue in the City's history; and AT&T customers deserved an apology for poor service. Mayor Thomas stated he was in possession of a binder containing new complaints which would be given to Mr. Parks. Council/Mr. Parks discussion continued regarding ongoing complaints and poor customer service by AT&T; residents did not understand why the set-top boxes were necessary; conflicting information existed regarding the necessity of set-top boxes; the boxes allowed AT&T to utilize new technologies; Basic One tier service was still available and. did not require a set-top box; AT&T could not add services/channels without a set-top box; transition periods always existed when new technology was introduced; AT&T was working to shorten the transition period; and prudence should dictate no rate increases in February 2001. The following members of the audience voiced complaints regarding Media One/AT&T: Betty Kempt, Tustin Reid Arthur Hausch, 115 Balboa Lane, Tustin Bamey Bamhaus, Wellington Ave., Tustin Jan Eason, 14621 Redhill Ave., Tustin Judy Clevenger, 540 West Third, Tustin Paul Lindsey, Tustin Unidentified Male, Tustin Chds Jacobson, 180 Orangewood Lane, Tustin Teresa Holthe, Tustin Paula Johnston, Tustin Doug Mason, 14161 Brenan Way, Tustin Linda Smith, 540 West Third, Tustin Dr. Mariah Hood, Tustin It was moved by Potts, seconded by Wodey, to adopt the following Resolution No. 00-81 establishing the City's preliminary assessment that the Cable Television franchise of Media One of Los Angeles, Inc., d.b.a. AT&T Broadband should not be renewed as recommended by the City Attomey: Minutes - City Council November 20, 2000 - Page 6 13. RESOLUTION NO. 00-81 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING THE CITY'S PRELIMINARY ASSESSMENT THAT THE CITY SHOULD NOT RENEW THE CABLE TELEVISION FRANCHISE OF MEDIA ONE OF LOS ANGELES, INC., D.B.A. AT&T BROADBAND; REQUIRING THE PRODUCTION OF SERVICE LOGS, REQUESTING A REVISED OR NEW PROPOSAL FROM MEDIA ONE WITHIN 60 CALENDAR DAYS OF THE DATE OF THIS RESOLUTION AND' SUSPENDING THE PROVISIONS OF RESOLUTION NO. 99-49. Motion carried 5-0. COX AGREEMENT FOR PROGRAMMING SERVICES It was moved by Potts, seconded by Worley, to approve the Agreement for Programming Services and authorize the Mayor to execute it on behalf of the City. Motion carried 5-0. OTHER BUSINESS AT&T/MEDIA ONE Councilmember Doyle commented that AT&T must listen to customer complaints; and thanked residents for attending the meeting and voicing their concerns about AT&T cable service. Councilmember Saltarelli stated he received a letter from a citizen regarding cable picture-in-picture technology; and said that cable kits were available in stores allowing picture-in-picture without an extra cable box. Mayor Thomas stated that Council had received hundreds of complaint calls regarding AT&T service; stated the City would continue to battle the issue; and asked AT&T to conduct a community meeting to educate and inform the public regarding cable service. TUSTIN HIGH SCHOOL Councilmember Doyle commended the Tustin High School football team and wished them good luck in attaining a ClF championship. NEWLY ELECTED COUNCILMEMBERS Councilmember Potts congratulated newly elected Councilmembers, Lou Bone and Tony Kawashima; and did not want to see a repeat of this election's campaign tactics in future elections. Councilmember Saltarelli congratulated Lou Bone, Tony Kawashima and Mayor Thomas on their success in winning the Council election; commented on past negative campaign tactics directed at Mayor Thomas and himself; urged future candidates to focus on issues; and said he was proud of everyone who had participated in the Council election. Minutes - City Council November 20, 2000 - Pa§e 7 Mayor Pro Tem Wodey congratulated Mayor Thomas, Lou Bone, and Tony Kawashima on their Council victory. Mayor Thomas congratulated Lou Bone and Tony Kawashima on their Council election; noted that he had contacted Council candidate, Ken Morrison, stating that he was not involved in the negative information piece against Mr. Mordson; and thanked residents who had voted to re-elect him to Council. FOOTHILL HIGH SCHOOL Mayor Pro Tem Wodey stated Foothill High School water polo would be in the CIF finals and wished them luck. FIRE ANTS Mayor Pro Tem Wodey stated that fire ants were not reproducing as expected. MAYOR/MAYOR PRO TEM SELECTION Mayor Thomas remarked that the Mayor/Mayor Pro Tem selection and election certification would be agendized at one of the meetings in December. ASSESSMENT DISTRICTS Councilmember Saltarelli commented on residents who live in assessment districts; stated that Council had reduced impacts on assessments in Tustin Ranch and had refinanced bonds; the school district should involve the community in refunding bond assessments or directing the funding to schools in the Irvine Specific Plan; and the new Council should revisit these issues. Mayor Pro Tem Worley remarked on the time and effort Councilmember Saltarelli had spent on assessments. OUTGOING COUNCILMEMBERS Mayor Thomas stated it had been a pleasure to work with Councilmembers Potts and Saltarelli. COMMITTEE/COMMISSION/BOARD APPOINTMENTS Mayor Thomas requested agendizing Committee/Commission/Board appointments to coincide with the election. TENNIS COURTS Mayor Thomas said he received a letter complaining about the condition of tennis courts at the Sports Park. Minutes - City Council November 20, 2000 - Pa§e 8 courts at Columbus Tustin and the Sports Park was proceeding, as well as maintenance of basketball courts/nets and fields at Heritage and Columbus Tustin Parks. GRAFFITI Mayor Thomas remarked on the expeditious manner the graffiti at the flOod control channel had been removed and complimented Supervisor Tom Wilson's office for 'reacting in such a timely manner. THANKSGIVING HOLIDAY Mayor Thomas wished everyone a Happy Thanksgiving. CHRISTMAS TREE LIGHTING Mayor Thomas noted he had received an invitation to the annual Christmas Tree Lighting which would be held on December 7, 2000 at 6:00 p.m., on El Camino Real between 6th and Main Streets, Tustin. COMMITTEE REPORTS - None ADJOURNMENT- Mayor Thomas adjourned the meeting at 9:44 p.m. The next regular meeting of the City Council was scheduled for Monday, December 4, 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 November 20, 2000 - Page 9