HomeMy WebLinkAboutCC MINUTES 2000 06 05 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JUNE 5, 2000
CALL TO ORDER
The meeting was called to order by Mayor Thomas at 7:05 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California. The Invocation was given by Mr. Steve Gardson and the Pledge
of Allegiance was led by Mayor Pro Tem Worley.
ROLL CALL
Council Present: Jeffery M. Thomas, Mayor
Tracy Wills Worley, Mayor Pro Tem
Mike Doyle
Thomas R. Saltarelli
Council Absent: Jim Ports (present for Closed Session)
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager
Lois Jeffrey, City Attorney
George Jeffties, City Treasurer
Elizabeth Binsack, Director of Community Development
Steve Foster, Chief of Police
Ronald A. Nault, Finance Director
Pat Sanchez, Director of Parks and Recreation Services
Dana Kasdan, Engineering Services Manager
Sam Altowaiji, Field Services Manager
Joe Meyers, Senior Management Analyst
Doug Anderson, Senior Project Manager
Bevedey White, Chief Deputy City Clerk
Bettie Correa, Senior Personnel Analyst
Approximately 25 in the audience
PROCLAMATION ~ None
PUBLIC 'INPUT
Referendum - Elizabeth Nadon, 2317 Cranston, Tustin, thanked staff for their help 'n
accepting the trash contract referendum petition; stated coordinating and collecting
s~gnatures had been an exciting process; noted the public's enthusiasm during the
process; approximately 5,000 signatures had been obtained on the petition; and stated
her pleasure in being involved in the referendum procedure.
CLOSED SESSION - At 6:01 p.m. the City Council convened in closed session to confer with
the City Attorney regarding items of anticipated litigation: (1) significant exposure to litigation
pursuant to Government Code Section 54956.9(b) - two cases, and (2) initiation of litigation pursuant
to Government Code Section 54956.9(c) - one potential case.
PUBLIC HEARING (ITEM 1)
1. TENTATIVE PARCEL MAP 99-217 (APPLICANT - PROFESSIONAL REAL ESTATE
SERVICES)
Elizabeth Binsack, Director of Community Development, reported the subdivision at 15901,
15941 and 15991 Red Hill Avenue was for conveyance purposes only; the center would
continue to operate; various conditions of approval were included to provide reciprocal
access, ingress, egress, and landscape maintenance.
Mayor Thomas opened the public hearing at 7:11 p.m. There was no public in put and the
public hearing was closed.
rt was moved bV Saltarelli, seconded bV WorleV, to adopt the following Resolution No. 00-37
approving Tentative Parcel Map 99-217:
Minutes - City Council June 5. 2000 - Page 1
RESOLUTION NO. 00-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 99-217 TO SUBDIVIDE A
5.7 ACRE PARCEL LOCATED AT 15901, 15941 AND 15991 RED HILL AVENUE INTO
THREE NUMBERED PARCELS FOR CONVEYANCE PURPOSES
Motion carried 4-0, Ports absent. 600-45
CONSENT CALENDAR (ITEMS 2 THROUGH 17)
It was moved by Saltarelli, seconded by Doyle, to approve the Consent Calendar as recommended
by staff. Motion caTried 4-0, Potts absent.
2. APPROVAL OF MINUTES = May 1, 2000 REGULAR MEETING and May 15, 2000
REGULAR MEETING
Recommendation: Approve the City Council Minutes of May 1,2000, and May 15, 2000.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $3,424,951.30 and ratify Payroll in
the amount of $413,637.94.
4. PLANNING COMMISSION ACTION AGENDA - May 22, 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 May 22, 2000.
5. SCAQMD CONTRACT - POLICE BICYCLE PATROL GRANT
Recommendation: Authorize the acceptance of the proposed SCAQMD contract and
authorize execution of the contract by the Mayor as recommended by the Poli~e Department.
400-10
6. RESOLUTION NO. 00-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING THE CITY OF TUSTIN GENERAL PLAN 2000
PROGRESS REPORT AND HOUSING ELEMENT REPORT
Recommendation: Adopt Resolution No. 00-35 authorizing the Community Development
Department to forward this progress report to the State Department of Housing and
Community Development as recommended by the Community Development Department.
615-90
7. RESOLUTION NO. 00-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF THE. ATTACHED
IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING
PROGRAMS
Recommendation: Adopt Resolution No. 00-32 requesting theOrange County Transportation
Authority to include the City of Tustin projects in the 2001/2002-2005/2006 Combined
Transportation Funding Programs as recommended by the Public Works/Engineering
Division.
690-55
8. DECLARATION OF SURPLUS EQUIPMENT
Recommendation: Declare certain equipment as surplus and not required for public use, in
accordance with the Tustin City Code, Section 1626 and authorize the Public Works
Department to sell the equipment at public auction as recommended by the Public Works
Department/Field Services. 380-60
9. COOPERATIVE AGREEMENT FOR MONUMENT SIGN ON JAMBOREE ROAD
Recommendation: Approve tlie Cooperative Agreement with the City of Orange regarding
joint use of the City of Orange monument sign located in the median island of Jamboree
Road northerly of the Tustin City limits and authorize execution of the Cooperative Agreement
by the Mayor and City Clerk as recommended bythe PUblic Works Department/Engineering
Division 400-60
10. REJECTION OF ALL BID PROPOSALS FOR THE ANNUAL LANDSCAPE
MAINTENANCE SERVICES FOR ASSESSMENT DISTRICT AREAS FROM JULY 1, 2000
THROUGH JUNE 30, 2001
Recommendation: Reject all bid proposals for the subject project, and authorize staff to enter
into negotiations with the qualified proposers to reach a fair and reasonable price as
recommended by the Public Works Department/Field Services. 400-45
Minutes - City Council June 5, 2000 - Page 2
I1. REJECTION OF ALL BID PROPOSALS FOR THE ANNUAL LANDSCAPE
MAINTENANCE SERVICES FOR GENERAL FUND AREAS FROM JULY 1, 2000
THROUGH JUNE 30, 2001
Recommendation: Reject all bid proposals for the subject project and authorize staff to enter
into negotiations with the qualified propusers to reach a fair and reasonable price as
recommended by the Public Works Department/Field Services.
400-45
'12. RIGHT-OF-ENTRY AND TEMPORARY CONSTRUCTION LICENSE WITH SOUTHERN
CALIFORNIA WATER COMPANY OVER A PORTION OF THE CITY OWNED NEWPORT
AVENUE RESERVOIR PROPERTY
Recommendation: Approve the Right-of-Entry and Temporary Construction License and
authorize the Mayor and the City Clerk to execute it on behalf of the City, subject to approval
.-- by the City Attorney as recommended by the Public Works Department/Engineering Division.
400-10
13. RESOLUTION NO. 00-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR IRVINE
BOULEVARD REHABILITATION BETWEEN THE SR-55 FREEWAY AND PROSPECT
AVENUE (CIP NO. 7160) AND PROSPECT AVENUE RECONSTRUCTION BETWEEN
FIRST STREET AND IRVINE BOULEVARD (CIP NO. 7161 )
Recommendation: Adopt Resolution No. 00-41 approving the plans and specifications for the
Irvine Boulevard rehabilitation between the SR-55 Freeway and Prospect Avenue (CIP No.
7160) and Prospect Avenue Reconstruction between First Street and Irvine Boulevard (CIP
No. 7161 ), and authorizing and directing the City Clerk to advertise for bids as recommended
by the Public Works Department/Engineering Division.
400-45
14. CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF TRAFFIC CONTROL
DEVICES INVENTORY [CIP NO. 4059)
Recommendation: Approve a Consultant Services Agreement with the firm of Echelon
Industries, Inc. to prepare a citywide traffic control devices inventory in an amount not to
exceed $100,000.00 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
15. RESOLUTION NO. 00-40 - 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 RAWLINGS
RESERVOIR BOOSTER PUMP STATION (PROJECT NO. 6115)
Recommendation: Adopt Resolution No. 00-40 accepting said work and authorizing 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 3) assuming no claims or stop
payment notices are filed, authorize payment of the retention amount thirty-five (35) days
after the date of recordation of the Notice of Completion as recommended by the Public
Works Department/Water Division. 400-45
16. CONTRACT RENEWAL FOR CUSTODIAL SERVICES WITH PACIFIC BUILDING CARE
Recommendation: Approve the first amendment to the contract agreement between Pacific
Building Care and the City of Tustin for custodial services subject to City Attomey approval as
recommended by the Public Works Department/Field Services Division. 400-10
'17. GENERAL ELECTION - NOVEMBER 7, 2000
Recommendation: Adopt the following Resolution No. 00-38, calling and giving notice of the
November 7, 2000 election, requesting the County Board of SUpervisors order consolidation
with the statewide general election, authorizing the County of Orange to canvass the election
-'returns, and providing expenses of the election; and adopt the following Resolution No. 00-
39, setting candidate statement regulations as recommended by the City Clerk's Office:
RESOLUTION NO. 00-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISION OF
THE LAW OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2)
REQUESTING THE COUNTY BOARD OF SUPERVISORS ORDER CONSOLIDATION OF
THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION
Minutes - City Council June 5, 2000 - Page 3
ON NOVEMBER 7, 2000; (3) AUTHORIZING THE COUNTY BOARD OF SUPERVISORS
TO CANVASS THE ELECTION RETURNS; AND (4) PROVIDING FOR EXPENSES OF
THE ELECTION
RESOLUTION NO. 00-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000
450-50
REGULAR BUSINESS (ITEM 18)
18. APPROVAL OF A CABLE TELEVISION FRANCHISE WITH COX COMMUNICATIONS
INC.
Joe Meyers, Senior Management Analyst, reported the City's three-step process pursuant to
Cox Communications' request to renew their cable television franchise; the new proposal
addressed all issues in the City's Request for Proposal, with the exception of agreement to
provide open internet access in Tustin; open internet access was deferred in favor of
development of a separate franchise agreement; and Ordinance No. 1228 would complete the
third step of the franchise renewal process and award a franchise agreement to Cox
Communications beginning July 1, 2000 and ending June 30, 2015.
Council/staff discussion followed regarding including similar requirements for the Media One
franchise agreement; the City could require Cox Communications provide local programming;
Media One currently provided live coverage of City Council meetings; Cox was to construct a
fiber-optic link to broadcast Council meetings; local programming should be addressed at this
time; current providers had non-exclusive franchises and the City was not precluded from
requesting proposals from other providers; the current proposal was for a 15-year term and
performance clauses were included in the contract should the provider fail to perform; the City
could change the term of the contract; ascertaining how other cities addressed local
programming and terms of contracts; and costs of local programming should be considered.
Dick Waterman, Cox Communications, clarified that a 15-year contract was standard in the
industry to amortize the' costs; Cox Communications had invested $250 million in the South
County area to upgrade their systems with fiber optics; reiterated there were penalty clauses
in the contract for failure to perform; Cox Communications had gone beyond what was
required in their previous 15-year franchise agreement; the City would have the ability to
enforce Federal Communications Commission customer standards; cities could require cable
operators to provide capital equipment for the production of local programming, but costs of
the actual production, if provided by the cable operator, would be deducted from the franchise
fee paid to the City; capital had been invested to improve picture quality; the new franchise
agreement proposed providing necessary equipment for City programming it produced or
obtained from any producers on the system; local programming production revolved around
who would be responsible for the costs; and the 1984 Cable Act provided the City and cable
operator could negotiate for the provision of local programming with no restrictions.
Council/staff/speaker Waterman discussion continued regarding contract provisions;
contracts currently requiring specific hours of local programming were in force prior to 1984
and upon renewal this provision could not be included under federal law; local school districts
were receiving quality local programming by using Cox Communications' equipment; local
colleges were considering a joint venture for production of local programming; the franchise
agreement provided Cox Communications with access to MCAS-Tustin; Cox had covered
Tustin events with local programming in the past, had augmented their staff, and would
continue to do voluntary programming at no charge to the City; and installation of the fiber
optic link to provide coverage of City Council meetings was underway.
Councilmember Saltarelli questioned certain paragraphs of the agreement and stated "most
favored nation" clauses should be mutual.
Lois Jeffrey, City Attorney~ stated specific wording of the agreement needed revision to insure
the provider could not define its own parameters of the agreement; Section 19 of the
franchise agreement should state specifically, "cable television service"; and the subject
franchise was specifically a cable television franchise renewal that included intemet service.
Mr. Waterman said the language of the agreement was common to cable television
franchises; cable service was defined in the Tustin City Code and was governed by the
Minutes - City Council June 5, 2000 - Page 4
Federal Communications Commission which defined cable services; internet service might
become an information service under Title One of the Communications Act and should this
become law, the provider would negotiate a separate agreement with the City.
Council/staff/speaker Waterman discussion followed regarding the advantages of the provider
giving open access; and Cox Communications would allow other intemet service providers on
their network once their current exclusive contract expired in 2002.
Mayor Pro Tem Wodey stated that due to Tustin's smaller political subdivision in comparison
to other cities, it would not be afforded the same benefits; and suggested a throe-year
franchise would be beneficial due to the rapidly changing environment and to allow the City to
negotiate needed changes.
Mayor Thomas proposed continuing the issue to the next Council meeting for staff
recommendations regarding these issues; and suggested polling other cities regarding their
contract terms and conditions.
It was moved by Saltarolli, seconded by Worley, to continue this item to the June 19, 2000
City Council meeting.
Motion carried 4-0, Potts absent. 400-10
PUBLIC INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
Peppertree Park - Councilmember Doyle and Mayor Thomas questioned the delay of
Peppertree Park construction improvements. Staff responded that the contractor was on
schedule and reassured Council that the construction would be complete by the debut of
Concerts In The Park.
Police Department - Councilmember Doyle commended the police department on two
recent incidents that had occurred.
Media One - Councilmember Doyle complained about Media One cable reception.
Concerts In The Park - Mayor Pro Tem Worley reminded everyone that Concerts in the
Park would begin June 21,2000, at 6:30 p.m. at Peppertree Park.
Cell Phone Usage - Mayor Pro Tem Wodey complained about cell phone usage in public
establishments.
Chili Cookoff - Mayor Thomas thanked everyone that worked on the Chili Cookoff and said
it had been an enjoyable event.
State Of The City - Mayor Thomas thanked staff for an excellent State of the City event.
Tustin Legacy Golf Course - Mayor Thomas said that a veteran had suggested the new '
Tustin Legacy golf course be named after a veteran.
ADJOURNMENT - Mayor Thomas adjourned the meeting at 8:08 p.m. The next regular
meeting of the City Council was scheduled for Monday, June 19, 2000, at 7:00 p.m. in the Council
Chamber at 300 Centennial Way.
JEF--F)I~R~THOM~S, MAYOR
Minutes - City Council June 5, 2000 - Page 5