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Home My WebLink About00 CC AGENDA 11.19.13CITY OF TUSTIN JOINT REGULAR MEETING NOVEMBER 19, 2013 OF THE CITY COUNCIL, SUCCESSOR COUNCIL CHAMBER AGENCY AND HOUSING AUTHORITY Pt 0 300 CENTENNIAL WAY, TUSTIN Charles E. "Chuck" Puckett, Mayor Pro Tem Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Allan Bernstein, Councilmember Pamela Arends-King, Interim City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2332 ATTENDANCE PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Government Code § 54956.9(d2)] — Department of Finance and One Case 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government. Code § 54956.9(d)] — One Case a. Marie Sales, Individually and on behalf of the Estate of Paul J. Quintanar v. The City of Tustin a Governmental Entity, Chief of Police Scott Jordan, Officer A. Gleason, Officer J. Monsoor, and Officer Roque and DOES 1- 10; Case No. SACV12-01834 CJC (MLGx) 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code NOTE: As required by Senate Bill 343, any non -confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. § 54956.8] — Three Cases 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, 11, D, Final Map 17144; Address/Description Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430-27-31 and 33 and a portion of APN 430- 37-10 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Elizabeth Binsack, Community Development Director, and John Buchanan, Deputy Director of Economic Development Negotiating Parties O.C. Property Company, LLC, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation Price and terms of payment 2. Property APN: 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment 3. Property 2345 Barranca Pkwy, APN: 434-021-22, Army Address/Description Reserve Center and 15 acres of the Northeast corner of Red Hill Avenue and Warner Avenue Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Matt West, Principal Management Analyst and David E. Kendig, City Attorney Negotiating Parties United States Government acting through the Department of the Army, represented by Stan Wallin, Jeremy Hollis and Cheryl Connett of the Army Corps of Engineers Under Negotiation Price and terms of payment JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 7:00 P.M. City Council/Successor Agency/Housing Authority November 19, 2013 Meeting Agenda Page 2 of 7 CALL TO ORDER — Meeting #2332 INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Pro Tem Puckett ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS o Donna Marsh Peery, Executive Board Member and Secretary of the Board of the California Association of Parks and Recreation Commissioners and Board Members o Government Finance Officers Association Award o Audit Commissioner Richard Hilde ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 5) 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD NOVEMBER 5, 2013 Recommendation: That the City Council, Successor Agency and Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment Agency, City Council/Successor Agency/Housing Authority November 19, 2013 Meeting Agenda Page 3 of 7 and Housing Authority held on November 5, 2013. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $10,156.46 and $611,290.53; and Demands in the amount of $ 2,439,855.17. 3. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 4. CITY OPTION TO RETAIN OR DELEGATE AUTHORITY FOR AWARD OF AMBULANCE CONTRACT Orange County Fire Authority (OCFA) has contacted the City of Tustin requesting a determination as to whether or not the City would like to retain or delegate its authority for award of its ambulance contract. Currently, the City retains the authority; however, OCFA is requesting that the City make this determination for the current Request for Proposal (RFP) process anticipated for 2014. Attached is a letter from OCFA describing the two options for City Council review. Recommendation: That the City Council retain its contract award authority. 5. AB 109 - MASTER MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF TUSTIN AND THE COUNTY OF ORANGE FOR PUBLIC SAFETY REALIGNMENT AND POSTRELEASE COMMUNITY SUPERVISION ENHANCED LAW ENFORCEMENT OVERTIME SERVICES AND OTHER AUTHORIZED EXPENDITURES Assembly Bill 109, titled "2011 Realignment Legislation Addressing Public Safety" became effective on July 1, 2011, and provided for the enactment of the "2011 Postrelease Community Supervision (PCS) Act." In October 2011, the City Council/Successor Agency/Housing Authority November 19, 2013 Meeting Agenda Page 4 of 7 Orange County Community Corrections Partnership (OCCCP) developed an implementation plan, which included an allocation of state funding for enhanced municipal law enforcement services. The purpose of the proposed Memorandum of Understanding (MOU) is to continue with established policies, procedures, and cost reimbursement requirements for local agencies, including the City of Tustin, who provide such enhanced law enforcement services. Recommendation.- 1. ecommendation: 1. Approve the AB 109 MOU between the City of Tustin and the County of Orange for public safety realignment and postrelease community supervision enhanced law enforcement services; 2. Authorize the Chief of Police to sign any AB 109 MOU related paperwork on behalf of the City of Tustin, to allow for the reimbursement of funds; 3. Authorize the Chief of Police to sign subsequent MOU agreements and renewals unless there are proposed substantive changes; and 4. Direct the Chief of Police to notify Council if the amount of funding available under this or subsequent MOU agreements changes. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 6 through 8) 6. APPROVE AGREEMENT WITH THE CITY OF IRVINE, IRVINE RANCH WATER DISTRICT, COUNTY OF ORANGE, ORANGE COUNTY FLOOD CONTROL DISTRICT, AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO FUND THE PETERS CANYON WASH CHANNEL WATER CAPTURE AND REUSE PIPELINE The Agreement provides for joint funding for the construction of the Peters Canyon Wash Channel Water Capture and Reuse Pipeline (PCW Pipeline Project). The construction of the pipeline will enable the City of Tustin to continue to comply with the provisions of the Selenium Total Maximum Daily Load (TMDL) and the Time Schedule Order No. R8-2009-0069, as adopted by the United States Environmental Protection Agency and the Santa Ana Regional Water Quality Control Board. The document is a cooperative arrangement between the County of Orange, the Orange County Flood Control District, the Irvine Ranch Water District (IRWD), California Department of Transportation (Caltrans), and the Cities of Irvine and City Council/Successor Agency/Housing Authority November 19, 2013 Meeting Agenda Page 5 of 7 Tustin. Recommendation: That the City Council approve the Peters Canyon Wash Channel Water Capture and Reuse Pipeline Funding Agreement, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 7. RECOMMENDATION OF THE FINANCE DIRECTOR'S APPOINTMENT AS THE CITY TREASURER City Council is asked to consider the recommendation to appoint the Finance Director as the City Treasurer. Recommendation: That the City Council accept the City Manager's recommendation to appoint the Finance Director as the City Treasurer, who shall be responsible for investing City funds in accordance with the City's Investment Policy that is adopted by the City Council annually, and increase the Finance Director's annual salary by 5% from $165,651 to $173,933. 8. BUSINESS LICENSE PROGRAM At the City Council's October 22, 2013 meeting, City staff requested policy direction from the City Council regarding the implementation of Tustin Municipal Code, Chapter 5, Section 2512 Business License which requires any person that transacts and/or does business in the City must procure a City License. The City Council directed staff to conduct the following course of action: 1. Authorize a penalty/business registration amnesty program for businesses that are contacted by either MAS or the City that do not have a business license but are doing business within the City. Unlicensed businesses will not be required to pay penalties for the Tax due if they pay the total Tax due within 30 days of the date of the first notice requesting the business become compliant with the City's ordinance; and, 2. Relative to this program, authorize the refund of all penalties collected by MAS from newly found businesses under this program. This would not include licensed business in delinquent status, and, 3. Relative to this program, authorize the refund of business license fees collected by MAS for the years 2000-2010 which is prior to the reinstatement of the City's original 2011 amnesty program. This would not include licensed business in delinquent status, and, 4. Prepare several options for the City Council to consider relative to the licensing of brokers and realtors. City Council/Successor Agency/Housing Authority November 19, 2013 Meeting Agenda Page 6 of 7 Recommendation: That the City Council - 1 . ouncil: 1. Maintain the current system of requiring Real Estate Brokers obtain a business license based on total gross receipts; however, exempt Real Estate Agents from obtaining a business license per California State Code Section 3200 which indicates that realtors are employees of brokers, 2. Modify the program to set a flat fee of $25 annually for both Real Estate Brokers and Real Estate Agents, 3. Make no changes to the existing program. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, December 3, 2013 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency/Housing Authority November 19, 2013 Meeting Agenda Page 7 of 7