HomeMy WebLinkAboutCC MINUTES 2000 11 06 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
NOVEMBER 6, 2000
CALL TO ORDER
The meeting was called to order by Mayor Thomas at 7:07 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California. The Invocation was given by Mayor Pro Tem Worley and the
Pledge of Allegiance was led by Councilmember Saltarelli.
ROLL CALL
Council Present: Jeffery M. Thomas, Mayor
Tracy Wills Worley, Mayor Pro Tem
Mike Doyle
Thomas R. Saltarelli
Council Absent: Jim Potts
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager
Christine Shingleton, Assistant City Manager
Lois Jeffrey, City Attorney
George Jeffries, City Treasurer
Ronald A. Nault, Finance Director
Steve Foster, Chief of Police
Elizabeth Binsack, Director of Community Development
Tim Serlet, Director of Public Works
Arlene Marks, Director of Human Resources
Sam Altowaiji, Field Services Manager
Joe Meyers, Senior Management Analyst
Robert Schoenkopf, Captain, Police Department
Beverley White, Chief Deputy City Clerk
Scott Reekstin, Acting Senior Planner
Marilyn McLaughlin, Recreation Coordinator
Approximately 150 in the audience
PROCLAMATION - None
CLOSED SESSION - At 6:05 p.m. Mayor Thomas opened Public nput. There were no
members in the audience and Public In put was closed. Mayor Thomas announced the City Council
would convene in closed session to: confer with the City Attorney regarding anticipated litigation
pursuant to Government Code Section 54956.9(b)(1 )(A) and (C); to consider an evaluation of the
performance of the City Manager pursuant to Government Code Section 54957; to confer with the
City's labor negotiator (Mayor or designee) pursuant to Government Code Section 54957.6
regarding an unrepresented employee (City Manager); and to confer with the City's labor negotiator,
Arlene Marks, Director of Human Resources, regarding Tustin Police Officers Association and
Tustin Police Support Services Association.
PUBLIC IN PUT
CANDIDATE MAILERS
Ernie Chang, Tustin, stated concern about election candidate mailers to residents; noted
that some of the mailers included character assassination; remarked on the amount of
money spent on the fliers; and encouraged people to vote for candidates with the best
qualifications.
CEDAR GROVE PARK PARKING
Mike Roy, Sedona Homeowners Association, commented on increasing parking at
Cedar Grove Park; stated the neighborhood had not been notified of potential parking
Minutes - City Council November 6. 2000 - Page i
expansion; said the local residents did not want parking expanded; requested the HOA
be included in future discussions; and requested Council explore alternative sites for
parking.
Council/staff discussion followed regarding homeowner association input; the matter
had been agendized twice and an alternative selection was made; plans were not yet
complete and the project had not been put out to bid; Council could agendize the matter
for further review; extensive time and effort had been given 'to the selection of the 31-
space parking alternative; the obvious method was to increase parking spaces within
the park; Council had previously advised homeowner associations to furnish a mailing
address to receive Council agendas; and members of the Sedona Homeowners
Association should meet with Pat Sanchez, Director of Parks & Recreation, who'would .....
explain the selection process of the 31-space parking expansion.
CANDIDATE SIGNAGE
Dick Holt, Tustin, complained about the number of election signs displayed in the City,
questioned if the signs were in compliance with the City's sign ordinance and if they
were under different regulations than garage sale signs.
Lois Jeffrey, City Attorney, responded that the signs were regulated by the City's sign
ordinance; residents could petition the City to change the ordinance; and political signs
were protected under the First Amendment of the Constitution.
Council discussion followed regarding signage; guidelines were clear on what was
acceptable; some of the signage constituted visual blight; the campaign signs should be
removed as soon as possible; and the sign ordinance should be given further
consideration if members of the community believed it was an important issue.
PUBLIC HEARING - None
CONSENT CALENDAR ( ITEMS I THROUGH 14 )
It was moved by Doyle, seconded by W0rley, to approve the Consent Calendar as recommended by
staff. Motion carried 4-0, Potts absent.
1. APPROVAL OF MINUTES - OCTOBER 16, 2000 REGULAR MEETING
Recommendation: Approve the City Council Minutes of October 16, 2000.
2. PLANNING COMMISSION ACTION AGENDA - OCTOBER 23, 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 23, 2000.
120-50
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,621,975.20 and ratify Payroll in
the amount of $827,270.55. 360-82
380-10
4. RESOLUTION NO. 00-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN,, CALIFORNIA, APPROVING AMENDMENT OF THE JOINT POWERS
AGREEMENT FOR THE ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY
Recommendation: Authorize the Mayor to sign the City's Resolution No. 00-75 amending the
Joint Powers Agreement of the Orange County Cities Risk Management Authority as
recommended by the Finance Director. 400-70
5. APPROVAL OF AGREEMENT WITH OCTA FOR INSTALLATION AND MAINTENANCE
OF TRANSPORTATION DATA GATHERING EQUIPMENT
Recommendation: Approve Cooperative Agreement C-0-0173 between OCTA and the City,
and authorize the Mayor and City Clerk to execute the document on behalf of the City as
recommended by the Public Works Department/Engineering Division.
400-70
6. AWARD OF CONTRACT FOR RED HILL AVENUE MEDIAN LANDSCAPING FROM
EDINGER AVENUE TO WALNUT AVENUE (CIP NO. 7124)
Recommendation: 1 ) Declare the bids from Debec Engineering, Inc., Mariposa Horticult,
Minutes - City Council November 6, 2000 - Page 2
Trugreen Landscape and A & M Construction as non-responsive; 2) Approve a supplemental
appropriation of $103,000 for FY 2000/2001 from the unappropriated Measure "M' Tumback
Funds to the Red Hill Avenue Median Landscaping Project (CIP No. 7124); and 3) Award the
construction contract for the Red Hill Avenue Median Landscaping from Edinger Avenue to
Walnut Avenue (CIP No. 7124) to S & M Landscape in the amount of $193,637 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
7. RESOLUTION NO. 00-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, RE-CERTIFYING THE FINAL NEGATIVE DECLARATION FOR
CONDITIONAL USE PERMIT 00-011 AS ADEQUATE FOR THE ESTABLISHMENT OF AN
AUTO STORAGE FACILITY ON A VACANT PARCEL BETWEEN EL CAMINO REAL AND
SANTA ANA FREEWAY (I-5) THROUGH A GROUND LEASE BETWEEN THE CITY OF
TUSTIN AND AUTO CENTER MERCHANTS ASSOCIATION AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Recommendation: 1)Adopt Resolution No.. 00-76 certifying the negative declaration for the
project, as adequate; and 2) Authorize the City Manager or Assistant Cit~ Manager to
execute, on behalf of the City, a Ground Lease with the Tustin Auto Center Merchants
Association as recommended by the Assistant City Manager.
400-10
8. RESOLUTION NO. 00-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION
TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS
PROGRAM: THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR
SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED
DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT
PARTNERSHIPS PROGRAM
Recommendation: 1 ) Adopt Resolution No. 00-72 approving the submission of an application
to the California Department of Housing and Community Development (HCD) for $1,500,000
in HOME Investment Partnership (HOME) funds; and 2) If application for funding is approved,
the City of Tustin agrees to use the HOME funds for eligible activities in the manner
presented in the application as approved by HCD as recommended by the Redevelopment
Agency staff.
650-10
9. MEMORANDUM OF AGREEMENT (MOA)
Recommendation: Authorize the Chief of Police to enter into a multi-agency agreement
targeting gangs and gang suspects as recommended by the Police Department.
400-70
10. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION
FUNDS (ASSEMBLY BILL 2766) PROGRAM
Recommendation: 1) Authorize the use of City AB 2766 funds for the Tustin Commuter Rail
Station; anc~ 2) Authorize the City manager to approve additional AB 2766 expenditures,
consistent with Air Quality Management District guidance, throughout the 2000/2001 program
year as needed as recommended by the Community Development Department.
690-50
11. RESOLUTION NO. 00-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR TRAFFIC
SIGNAL MODIFICATION AT FIRST STREET AND PROSPECT AVENUE (CIP NO. 4058)
Recommendation: Adopt Resolution No. 00-73 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 the 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 final 10% retention in the amount of $9,929.93 to
Inspection 'Engineering Construction, Inc. as recommended by the Public Works
Department/Engineering Division. 400-45
12. RESOLUTION NO. 00-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING FINAL PARCEL MAP 99-196 TO SUBDIVIDE A FIVE (5) ACRE
PARCEL INTO TWO (2) PARCELS OF 1.89 AND 3.12 ACRES FOR DEVELOPMENT OF
AN OFFICE BUILDING ON THE SMALLER PARCEL
Minutes - City Council November 6, 2000 - Page 3
Recommendation: Adopt Resolution No. 00-74 approving Final Pamel Map 99;196 as
recommended by the Community Development Department. 600-45
13. CAPITAL PURCHASE BIDDING EXCEPTION FOR PURCHASE OF A BACKHOE LOADER
FOR THE WATER DIVISION
Recommendation: Approve the exception to the Purchasing Rules and Regulations in
accordance with Section 1624 of the Purchasing Rules and Regulations and ratify the
purchase of a backhoe loader for the Public Works Department Water Division as
recommended by the Public Works Department/Engineering Division.
380-40
14. CONSULTANT SERVICES AGREEMENT TO PERFORM A SUBSURFACE SITE
ASSESSMENT AT THE CITY'S MAINTENANCE YARD LOCATED AT 1472 SERVICE
ROAD (CIP NO. 1033)
Recommendation: Approve the Consultant Services Agreement with Ninyo & Moore to
perform a subsurface site assessment at the City's Maintenance Yard for a not-to-exceed
fee of $37,988.75, and authorize execution of the Consultant Services Agreement by the
Mayor and City Clerk, subject to approval by the City Attorney as recommended by the Public
Works Department/Field Services Division. 400-10
REGULAR BUSINESS ( ITEMS 15 THROUGH 16 )
15. OLD TOWN FREEWAY SIGN
Elizabeth Binsack, Director of Community Development, reported the City had requested
approval from Caltrans to install freeway identification signs for Old Town Tustin; Caltrans
had indicated that Old Town Tustin did not qualify for historical landmark identification signs
because Old Town Tustin was not a State Certified Historic District; Caltrens proposed to
install directional signs at the Newport Avenue southbound off-ramp and at the Red Hill
Avenue northbound and southbound off-ramps at no cost to the City; before Caltrans could
complete the installation they would need concurrence from the City; the Planning
Commission had recommended accepting the Caltrans proposal with inclusion of signs at the
55 freeway Irvine Boulevard off ramp; the City should consider installing additional signs
along the City streets to direct individuals into Old Town; and staff would be working with the
Tustin Old Town Association to develop sign design.
Council/staff discussion followed regarding freeway signage for Little Saigon; Little Saigon
signage was accomplished through an act in the legislature; there were 'nconsistencies with
signage throughout the freeway'systems; temporary s~gns could be placed at the bottom of
the off ramp to identify the Old Town area; and the City could later take the matter to the
State Assembly.
It was moved by Doyle, seconded by Worley, to direct staff to work with Caltrans to install
signs at freeway offramps and pursue additional signage at a later date.
Motion carried 4-0, Potts absent. 680-20
16. STATUS REPORT ON AT&T'S CABLE TELEVISION FRANCHISE
The following individuals expressed complaints regarding AT&T/Media One:
John Castro, 14801 Newport Ave., #A, Tustin
Erin NielsOn, 14462 Oxford, Tustin
Jesse Dawson, 440 East t sT, Tustin
Sam Edenz, unincorporated County area
Brett Christensen, Epping Way, Tustin
John Dillon, Vandenberg Ln., Tustin
Jerry Graft, 18151 Beneta Way, Tustin
Susan Cutoura, Tustin
Ralph Smith, 1532 Melvin Way, Tustin
Shidey Taylor, unincorporated County area
Jan Eason, 14621 Red Hill, Tustin
Betty Kempt, Newport Ave., Tustin
Jan Youngs, unincorporated County area
Ray Cutour, Cloverbrook Dr., Tustin
Linda Smith, 540 W. 3~ Tustin
Minutes - City Council November 6. 2000 - Page 4
Lee Youngs, Tustin
Ead Willjams, unincorporated County area
John Vicander, Tustin
Bruce Ander, Norwood Park, Tustin
Johnathan Thomas, Holt Ave., Tustin
Kimberly Barnhart, Pacific St., Tustin
Lois Jeffrey, City Attorney, commented that the City's franchise agreement covered the City
of TUstin only and not the unincorporated County areas; suggested that those living in
unincorporated areas should present their cable problems to their elected County officials;
AT&T/Media One did not hold a monopoly in the City of Tustin; and the City's cable franchise
did not prevent other cable providers from coming into Tustin.
Council/staff discussion followed regarding cable complaints; calls from unincorporated areas
had been forwarded to Todd Spitzer, Orange County Board of Supervisors; residents of
County areas were encouraged to call County offices with cable complaints; cable problems
existed throughout the County; no other cable providers were approaching 'the City with
proposals; it was likely a gentleman's agreement existed that providers not encroach into an
area where another provider held the franchise; cable companies did not run dual systems;
and the residents needed to know what options were available to them.
Bill Fink, representative of Satellite Systems, a distributor of Dish Network, gave a
presentation of satellite options.
Council/staff discussion followed regarding questions to be answered by AT&T Broadband
representatives; residents did not understand why their cable-ready televisions would not
suffice or why set-top boxes were needed; residents were receiving considerably less service
for the same price with many channels being moved to another more expensive package;
and if AT&T's repeated interruptions of Council meeting broadcasts had been coincidental.
Del Heintz, AT&T Broad ~3and representative, responded to various issues raisect; stated the
cable companies had fought for nine years and won the battle against undue taxes levied on
residents by the County; and the refund process had begun, concurrently with the set-top box
placement.
Steve Sawyer, AT&T Broadband, stated the average customer would be refunded
approximately $87.00 and some would receive as much as $143.00, depending on their
length of time as a customer.
Mr. Heintz stated all residents who had been customers within a particular time period would
automatically receive the refund; there were strict state regulations regarding the refunds;
new customers should request a refund application; federal law mandated that cable
providers carry certain channels; there had been no change in set-top issues since the last
two Council meetings; the set-top technology was the most effective and efficient use with
every community in California requiring a set-top box; and Basic One tier cable, a direct
connection to the cable-ready television not requiring a box, was available to customers.
Council/AT&T representatives discussion followed regarding excessive costs; AT&T was
working on the rebuild and this was a difficult period; outages and angry customers were
unavoidable during a rebuild; every effort was being made to improve AT&T's customer
service procedures; introduction of the set-top boxes had been a disaster with defective
boxes installed, no-shows on service calls, and customers continually placed on hold when
calling for service; and a binder of complaint letters sent 'to the City would be forwarded to
AT&T.
William Huston, City Manager, clarified that the City would not act as the customer service
bureau for AT&T; and it was not the City's responsibility to constantly monitor AT&T or
forward information about recurring problems.
Council/AT&T representatives discussion followed regarding customer calls to the City after
calls to AT&T brought no satisfactory response; service to the handicapped needed special
attention; in order to satis~ its customers, AT&T would have to provide exceptional service
and should consider extending an incentive of free service for a time; AT&T knew what the
problems were and it was their responsibility to solve them; cable problems/complaints were
City-wide; the cable outages would diminish December 7, 2000, when the rebuild was
Minutes - City Council November 6, 2000 - Page 5
complete; AT&T had made mistakes but was making every attempt to resolve customer
service problems; AT&T had extended its hours and was building up its call centers;
integrated Voice Response voicemail systems were a fact of life for today's businesses;
AT&T apologized for the Council broadcast interruption and offered to broadcast the meeting
again at Council's direction; customer service problems continuing for such a long period
gave little indication that the client base would ever be satisfied; customers needed to voice
their problems to a live person in lieu of a voice mail system; four people left home to attend
the meeting after this evening's broadcast was interrupted; AT&T's focus should be more
aggressive in temporary staffing to handle the hign volume of calls dudng this transitional
period; the Council meeting should be broadcast in its entirety without interruption by AT&T's
public service announcements; the audio equipment for channels 3 and 33 was City-owned;
three meetings containing discussion of AT&T problems had been interrupted during
broadcast; residents did not want set-top boxes; individual charges for the boxes for each
television, remote, and VCR seemed excessive; the federal government mandated set-top
dewces and remote controls be itemized in billings; once the two-year rebuild and fine-tuning
of the system were complete, customers would see remarkable picture quality and have
access to reliable high-speed internet service, telephone, and digital and analog television;
AT&T representatives would be meeting with senior management immediately to reinforce
the seriousness of the situation in the City of Tustin and move forward in solving the service
problems; AT&T was having difficulty finding qualified staff but were adding to the staff daily;
concentrated effort was being given to staffing of AT&T's call centers; AT&T management
control had been in Tustin for only 45 to 60 days; the rebuild would bring 27 new channels to
the area; ~y December 7, 2000, high-speed internet data service would be available to
everyone; AT&T hoped they could find a common ground with Council and staff on which to
solve the problems; AT&T call centers were located in Los Angeles and Hollywood, with
overflow handled by Fresno and Stockton; rebates to customers for time lost would benefit
customer relations with AT&F; rate ~ncreases would not take place for 60 to 90 days; staff
had been given a telephone number staffed by specialists to handle customer concerns; and
AT&T senior management would be approached for further rebates with a report on the result
at the next Council meeting.
Lois Jeffrey, City Attorney, reminded Council of the importance of remaining within the
timelines of the renewal process; AT&T had applied to renew its franchise, which would
expire July 6, 2002; the City needed to act by December 7, 2000 to retain its options; and
recommended the matter be agendized for November 20. 2000.
It was moved by Doyle, seconded by Wodey, to direct staff to expedite City Council
consideration of AT&T's request to renew its franchise as recommended by the City Attorney.
Motion carried 4-0, Potts absent. 400-10
Mayor Thomas recessed the meeting at 9:27 p.m. The meeting reconvened at 9:44 p.m.
PUBLIC INPUT
SATELLITE DISH
Duke Pitts, representative from Dish Network, gave a brief report on cable alternatives
available through satellite dish.
OTHER CABLE PROVIDERS
Harold Katzman, Tustin Impedal Townhomes, Board President, suggested the City
investigate other cable providers to see what was a~zailable for the City of Tustin.
OTHER BUSINESS
· ELECTION
Councilmember Doyle encouraged everyone to vote on November 7, 2000;
commented on candidates' information sent in the mail suggesting there had been
Council corruption regarding the trash contract; said the information in the mailer was
incorrect; and noted another candidate mailer had stated the Police Department needed
rebuilding and said he could not understand the reasoning of the candidate who
developed the mailer.
Minutes - City Council November 6, 2000 - PaSe 6
Councilmember Saltarelli noted that it had been an interesting campaign; and
encouraged everyone to vote on November 7, 2000.
Mayor Thomas and Mayor Pro Tem Worley joined in encouraging everyone to vote on
November 7, 2000;
SPORTS FIELDS
Councilmember Saltarelli stated he received a phone call from a youth baseball
organization requesting the ball fields at Columbus Tustin be refurbished because they
were in poor condition.
Mayor Pro Tem Woriey requested tennis courts at the Sports Park and Columbus Tustin
Park be resurfaced and commented on the lack of sports field lighting in the City.
TUSTIN NEWS
Mayor Pro Tem Worley said the Tustin News Was not currently distributed to the entire
City and requested paper distribution to all Tustin residents.
ORANGE COUNTY FIRE AUTHORITY (OCFA)
Mayor Pro Tem Worley stated OCFA had been in impasse for several months; the
OCFA Board had made a generous offer of 14% which had been declined by the OCFA
Association; and warned that citizens may see firefightem picketing outside fire stations.
SATELLITE DISHES
Councilmember Saltarelli commented that per state law, homeowner associations could
not outlaw satellite dishes.
AT&T BROADBAND
Mayor Thomas commended AT&T representatives for being at the meeting and trying to
respond to citizen concerns.
RAILROAD INTERSECTIONS
Mayor Thomas remarked on new railroad intersection arms that could alleviate trains
blowing whistles at intersections; and requested the City forward a letter in support of
the new railroad arms to the appropriate agency.
GRAFFITI
Mayor Thomas noted graffiti in the flood control channel behind The Barn and requested
clean-up by the County.
TUSTIN DEMOGRAPHICS
Mayor Thomas stated he had met with local third graders and commented on a book
assembled by the group containing demographic questions.
BOY SCOUT TROOP 235
Mayor Thomas said he recently met with Boy Scout Troop 235, who had produced
more Eagle Scouts than any other troop in the country.
DINOSAUR DASH
Mayor Thomas stated he attended the Dinosaur Dash held November 5, 2000;
approximately 3,000 people attended.; and stated the event was attracting worldwide
runners.
Minutes - City Council No,}ember 6, 2000 - Page 7
COMMITTEE REPORTS - None
ADJOURNMENT - Mayor Thomas adjourned the meeting' at 10:15 p.m. The next regular
meeting of the City Council was scheduled for Monday, November 20, 2000, at 7:00 p.m. in the
Council Chamber at 300 Centennial Way.
J EF~[~YG~'~' M. ~HOMAS, MAYOR
,~AMEEA STOKER, CITY CLERK
Minutes - City Council November 6, .2000 - Page 8