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HomeMy WebLinkAboutCC MINUTES 2000 10 16 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 16, 2000 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 oy Boy Scout Troop 323. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Tracy Wills Wodey, Mayor Pro Tem Mike Doyle Jim Ports Thomas R. Saltarelli Council Absent: None City Clerk: Pamela Stoker Others Present: WilJ am A. Huston, City Manager Christine Shingleton, Assistant City Manager Lois Jeffrey, City Attorney Omar Sandoval, Deputy City Attorney George Jeffdes, City Treasurer Ronald A. Nault, Finance Director Steve Foster, Chief of Police Elizabeth Binsack, Director of Community Development Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineenng Services Manager Joe Sovella, Interim Water Services Manager Doug Anderson, Senior Project Manager Jim Draughon, Senior Project Manager Beverley 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 Attorney regarding anticipated litigation pursuant to Government 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. 1. APPROVAL OF MINUTES - OCTOBER 2, 2000 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 2, 2000. 2. 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. 360-82 380-10 Minutes - City Council October 16, 2000 - Page 1 3. 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 Redommendation: 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. 400-45 4. 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. 400-45 5. AWARD OF CONTRACT FOR CANOPY FOR STREET SWEEPER UNLOADING AREA, NPDES COMPLIANCE (CIP NO. 1036) Recommendation: 1) Approve a supplemental approp fiation 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 low bidder, in the amount of $220,496.75, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division, -- 400-45 6. SURPLUS EQUIPMENT SALES REPORT Recommendation: Receive and file subject report as recommended by the Public Works Department/Field Services Diwsion. 380-60 7. 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 approwng the assignment of the lease transfer of the Tustin Sports Park Concession to Luigi and Amy Ravetto dba Express Sports Caf6 and waive the City's right to collect a transfer fee as recommended by the Director of Parks and Recreation. 400-10 8. 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. 120-50 9. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file subject report as recommended by the City Treasurer 355-50 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. 445-40 Minutes - City Council October 6. 2000 - Page 2 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 Distdct in accordance with terms of the original agreement and the proposed amenement; the Metropolitan Water District (MWD) was providing financia] 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 Well, and authorize the Mayor and City Clerk to execute the amendment on behalf of the City. Motion carried 5-0. 400-70 12. 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 concerns. Councilmember Doyle stated he had heard only one positive comment regarding the cable service; the main concern 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 concerned 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 concern that some citizens, including seniors, could lose cable service for extended periods during the changeover; and stated scheduling concems must be addressed. Del Heintz responded that the basic service would still De operating with only Basic Two and Three services briefly interrupted during the scheduling/changeover. Minutes - City Council October ].6, 2000 - Page 3 Steve Sawyer stated citizen concerns resulted from unfamiliar technology; these concerns would occur With any cable seNice company; and the projected completion of the changeover in Tustin was December 15, 2000. The following members of the audience voiced dissatisfaction 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 Loft Gilbertson, Tustin Barbara Webb, Tustin Ea~ Willlares, 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 Tern Worley 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 Fenew 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 yeare; 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 ~ssues; 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 semor discounts on an individual basis; clarified that the introduction of converter boxes and otheY changes had been planned well in advance of AT&T's pumhase of Media One; many consumers had been receiving premium channels in error arno charge; ano 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 was needed by AT&T to establish better customer relations for resolution of long-standing problems. Mayor Pro Tem Wodey 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. Minutes - City Council October 16. 2000 - Page 4 Councilmember Ports suggested A/'&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 concems 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. 800-10 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 carded 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). 480-20 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 Califomia 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 jumpstart TOTA's efforts and had been proven effective in revitalization 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 yeare additional funding; and requested staffs 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 concern 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. Minutes - City Council October 16, 2000 - Page 5 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 populatiorf; 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 Tern 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 Potts 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 redevelopmerit 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 have to bear the extensive costs of the project; and suggested reviewing other options such as signage. Mayor Pro Tern Worley questioned the timeframe for streetscape completion in Old Town. Christine Shingleton, Assistant City Manager, responded the downtown design study would be completed in early 2001; altematives could be reviewed with TOTA as eady 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 California 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. 330-20 15. 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. 150-50 16. 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 Minutes - City Council October 16, 2000 - Page 6 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 Aria, with Tastin 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 districtJrevenue 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 with less capital requirements; and neither the Sanitation District 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. 830-70 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 Worley 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 ir~ attendance at the November 6, 2000 Council meeting. Minutes - City Council October 16, 2000 - Page 7 AT&T BROADBAND Councilmember Saltarelli remarked that AT&T representatives had spent the remainder of the meeting speaking with audience membem who were experiencing cable problems. SKATEBOARD PARK Mayor Pro Tem Worley 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 Tern Wodey 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. ~n the Council Chamber at 300 Centennial Way. JEFF'EI~'/M. T/HOMAS, MAYOR PA~2F'ELA STOKER, CiTY CLERK Minutes - City Council October 16, 2000 - Page 8