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Home My WebLink AboutCC MINUTES 12-17-13MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY DECEMBER 17, 2013 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2335 at 5:33 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None 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)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — One Case • Name of Claim: James Olds Case No. WCAB: ADJ8748907 City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 1 of 10 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Three Cases 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, 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 Tustin Legacy Disposition Package 1 B to include sale Address /Description of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Under Negotiation Price and terms of payment RECESSED at 5:33 p.m. RECONVENED at 7:01 p.m. City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 2 of 10 JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2335 at 7:01 p.m. INVOCATION — Mayor Murray PLEDGE OF ALLEGIANCE - Councilmember Gomez ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action PRESENTATIONS o Mayor Murray presented a proclamation declaring December as "Safe Toys and Gifts Awareness Month" ORAL COMMUNICATION /PUBLIC INPUT — None CONSENT CALENDAR ITEMS 1 -5 It was moved by Mayor Murray and seconded by Councilmember Nielsen to pull Item 4 and approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 5 -0 City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 3 of 10 2 3 0 APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD DECEMBER 3, 2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD DECEMBER 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, and Housing Authority held on December 3, 2013 and the Special Meeting of the City Council held on December 5, 2013. 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 $623,956.98; and Demands in the amount of $ 1,695,433.72. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer /traffic impact fees, and funds expended by the City which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure is $1,119,535. Recommendation: That the Tustin City Council Adopt Resolution No. 13 -92, adopting the Measure M2 Expenditure Report for Fiscal Year 2012 -2013 and direct staff to file the report with the Orange County Transportation Authority. RESOLUTION NO. 13 -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE REPORT FOR FISCAL YEAR 2012 -2013 AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 4 of 10 The City maintains an active graffiti removal program to provide prompt removal of graffiti on public and private property within the City of Tustin. The City currently contracts with Woods Maintenance Services, Inc. (dba: Graffiti Control Systems) for graffiti abatement services and the current contract was due to expire on October 20, 2013. The City had previously gone out to bid; however, the bids were rejected due to erroneous information which caused discrepancy in the submittals. Based on City Council direction on October 1, 2013, the Community Development Department provided a month -to -month extension to the current contractor and a new notice to invite bids was issued. Two timely bids were received. Interviews were held and evaluations were completed by staff. Through the review process, it was determined that Graffiti Control Systems was the most qualified and lowest responsible bidder. City Council approval is required in order to enter into a new contract. It was moved by Councilmember Gomez and seconded by Mayor Murray to authorize the Community Development Director to enter into a contract with Woods Maintenance Services, Inc. (dba: Graffiti Control Systems) for the removal of graffiti from public and private property effective February 1, 2014 for a one year contract and four possible extensions and direct . staff to include rankings in future agenda reports regarding proposals. Motion carried: 5 -0 5. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES OLDS Adoption of the attached Resolution will certify that James Olds is industrially disabled from his position of Police Officer and allow CalPERS to process his retirement in a timely manner. Recommendation: Adopt Resolution No. 13 -95 finding that Police Officer James Olds is industrially disabled from performing the duties of his position. RESOLUTION NO. 13 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT JAMES OLDS, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER REGULAR BUSINESS ITEMS 6 -9 6. ORDINANCE NO. 1438, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 5 of 10 7 PowerPoint presentation by Pam Arends -King, Director of Finance Ordinance No. 1438 amends Part 2 of Chapter 6 of Article 1 of the Tustin City Code to satisfy a management comment finding in relation to the City's June 30, 2012 independent audit and to provide staff with a purchasing section of the Tustin City Code that is relevant and provides clear guidance. It was moved by Mayor Murray and seconded by Councilmember Bernstein to direct staff to incorporate Council's revisions to proposed Ordinance No. 1438 and return on January 7, 2014 for consideration and first reading. Motion carried: 5 -0 BUSINESS LICENSE DOCUMENTATION POLICY At the City Council's December 3, 2013 meeting, the City Council authorized a modification to the Tustin Municipal code exempting real estate agents from business license requirements (Ordinance No. 1439). In addition, Councilmember Nielsen requested staff to research and bring back options regarding modifications to the business license documentation policy when applying for a business license. The current business license tax is calculated according to gross receipts. At the time in which businesses apply for a business license, they must provide information related to gross receipts. Several options are available to applicants to suffice this request. Owners may submit tax return information with personal information redacted, financial statements indicating gross receipts, and /or some other form of back up relative to gross receipts. The aforementioned requested information has been viewed as somewhat invasive to the business owner. Several options were presented to the City Council to address the concern of how much information is required to obtain a business license. The following options presented for City Council discussion do not require a proposition 218 vote. Public Input: Harold Katzman It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to give applicants the opportunity to option out of providing back up financial information and pay a flat fee based on the average business license, which is currently $60 and will adjust accordingly following the renewals each year. Motion carried: 4 -1 ( Councilmember Gomez dissenting) City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 6 of 10 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 2518 TO ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE TO EXEMPT REAL ESTATE AGENTS FROM BUSINESS LICENSE REQUIREMENTS At the City Council's November 19, 2013 meeting, the City Council directed staff to bring back modifications to the Tustin Municipal code exempting real estate agents from business license requirements. In addition, the City Council requested staff research and bring back a recommendation regarding insurance agents relative to business licenses and State law. Staff's research has concluded it is not necessary to make any further Code amendments to address the concern raised by insurance agents about their State Constitutional rights to be exempt from local business taxes. TCC Section 2513(a) already exempts from the City's business license taxes "Nothing in this Chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt, by virtue of the Constitution or applicable statutes of the United States of America or of the State, from the amount of such taxes as are herein prescribed." As a result, to the extent an agent is already exempted under the State Constitution, City staff already possess the necessary authorization in the City Code to take administrative action to address that issue. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to have second reading by title only and adoption of Ordinance No. 1439 (roll call vote). ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 2518 TO ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE TO EXEMPT REAL ESTATE AGENTS FROM BUSINESS LICENSE REQUIREMENTS Motion carried: 5 -0 9. 2014 COMMISSION VACANCIES Due to term expirations, staff requested that the City Council set a date and time to conduct interviews to fill vacancies on the Planning Commission, Community Services Commission and Audit Commission. It was moved by Mayor Murray and seconded by Councilmember Bernstein to set the interview date for Tuesday, February 4, 2014. City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 7 of 10 Motion carried: 5 -0 OTHER BUSINESS /COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN • Thanked Commissioners for their service to the community • Attended the Mobile Home Educational Trust Breakfast on December 4 • Attended the Tustin Area Republican Women's Federation luncheon on December 6; guest speaker was Michael Ramirez a Pulitzer Prize - Winning Editorial Cartoonist • Attended the City's Tree Lighting ceremony on December 6; thanked the Parks and Recreation Department • Participated in the Huntington Harbour Boat Parade of Lights on December 8; thanked Dr. Alfred Balitzer, Rod Wilson and Ted Gover of Pacific Research and Strategies Inc. • Attended the Tustin Chamber of Commerce breakfast on December 11; congratulated Police Officer of the Month Royce Del Merari • Attended the Association of California Cities of Orange County City Legislative Roundtable with Assembly Member Don Wagner on December 11 • Attended the Water Advisory Committee of Orange County on December 13 • Thanked Pat Buttress for holiday party • Wished Mayor Murray and Councilmember Nielsen a happy birthday • Wished colleagues a Merry Christmas and a Happy New Year COUNCILMEMBER GOMEZ • Thanked staff for providing great ideas and options for the Legacy development at the Special Meeting held on December 5 • Attended the City's Tree Lighting Ceremony on December 6; well attended by the community, thanked the Parks and Recreation Department; thanked Marilyn Buescher and Barbara Guerrero for emceeing the event • Attended the annual Tustin Chamber of Commerce holiday breakfast on December 11; Foothill High School Madrigals sang Christmas carols • Accompanied Marilyn Buescher, Senior Center Supervisor, to deliver a grant from the Tustin Community Foundation on December 11; the grant will be used to purchase personal care products for homebound seniors in the area. The project is coordinated by SmileMakers Guild works in conjunction with Council on Aging Orange County. • Attended the City's Employee Appreciation Event on December 11 • Attended a meeting of the National Women's Political; Caucus of Orange County on December 12 • Attended the Tustin Meadows Winter Social on December 14 • Attended the Senior Center Volunteer Potluck on December 16; Senior Santa program is still accepting donations City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 8 of 10 o Wished colleagues and the community a safe and happy holiday season and a great new year COUNCILMEMBER NIELSEN • Attended the Orange County Sanitation District Operations Committee meeting • Attended the Tustin Legacy Workshop on December 5 • Attended the City's Tree Lighting Ceremony on December 6 • Attended the City's Employee Appreciation event on December 11 • Attended Senator Mimi Walters District Office Open House on December 12 • Attended the Association of California Cities of Orange County, Orange County Business Council and Building Industry Association holiday reception on December 12 • Attended the holiday Christmas Tustin High Dance Team Program on December 13; choreographed and coached by Kierstie Nielsen • Attended the Christmas party for local Boy Scouts Eagle Review Committee on December 16 • Attended a breakfast meeting for the Boy Scouts of America Executive Council for the Board of Directors • Wished colleagues, staff and the community a happy holiday season; thanked staff MAYOR PRO TEM PUCKETT o Attended the Mobile Home Educational Trust Breakfast on December 4 o Attended the Tustin Legacy Workshop on December 5 o Attended the California Apartment Association breakfast on December 6; guest speaker was Dave Whiting o Attended the City's Tree Lighting Ceremony on December 6 o Accompanied Santa Claus to the Orange Council Business Council holiday boutique on December 7 o Participated in the Huntington Harbour Boat Parade of Lights on December 8 o Accompanied Santa Claus and Ms. Claus on the Santa's sleigh o Attended the Tustin Chamber of Commerce breakfast on December 11 o Attended the City's Employee Appreciation event on December 11 o Attended the Transportation Authority Corridor Agency meeting on December 11 o Accompanied Santa Claus on the Santa Sleigh on December 11 o Attended the Tustin GMC Buick caravan to the Orange County Rescue Mission to distribute toys on December 14 o Accompanied Santa Claus on the Santa Sleigh on December 16 o Announced the Tustin Community Foundation collected 300 pairs of pajamas o Announced the Tustin Community Foundation distributed 100 awards for holiday decorations o Shared a story of Mary Kelly who raised money to build the wishing well on Centennial Way and Main Street o Expressed appreciation for the holiday lights in Old Town o Wished all a Merry Christmas and Happy New Year City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 9 of 10 MAYOR MURRAY o Thanked Tustin Police Officer Steve Giddings for handling a traffic accident involving Irvine Sergeant Mike Fender; also commended Orange County Fire Authority's response time • Assisted the Orange County Fire Authority during interviews for labor negotiation attorneys on December 4 • Attended the Tustin Legacy Workshop on December 5 • Attended the Orange County Transportation Authority State Route 91 Advisory Board meeting on December 6 • Attended the City's Tree Lighting Ceremony on December 6; read the Night Before Christmas with daughter Emily • Attended the Orange County Transportation Authority Regional Board meeting on December 9 • Attended the Tustin Chamber of Commerce breakfast on December 11; congratulated Police Officer of the Month Royce Del Merari • Attended the Association of California Cities of Orange County City Legislative Roundtable with Assembly Member Don Wagner on December 11 • Attended a ribbon cutting for Route 91 at the Corona Metrolink Station on December 11 • Attended the City's Employee Appreciation event on December 11 • Attended Senator Mimi Walters District Office Open House on December 12 • Attended the Orange County Transportation Authority Security Working Group on December 13 • Accompanied George Vallevieni on Santa's sleigh with daughter Emily on December 13 • Joined San Juan Capistrano Mayor Sam Allevato at the Winter Wonderland event held in San Juan Capistrano which begins at the Tustin Metrolink station • Attended the Orange County Rescue Mission holiday event; thanked Mark Parkinson and Jim Palmer • Attended a DUI press conference held by Supervisor Todd Spitzer and Irvine Mayor Pro Tern Jeff Lalloway in Irvine on December 16 • Attended daughter's holiday show performance at Ladera Elementary on December 16 • Attended a promotional ceremony at the Irvine Police Department with Chief Celano on December 17; Mike Hallinan was promoted to Commander and Frank Andersen was promoted to Lieutenant • Shared closing thoughts and accomplishments for the year 2013 • Wished all a Merry Christmas and Happy New Year ADJOURNED at 9:02 p.m. The next meeting is scheduled for Tuesday, January 7, 2014 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meetir�at 7:00 pjxk.'irHhe Council Chamber, 300 Centen/j# Way, Tustin omia. - v Vr- ELWYN A. JEF C. PARKER, Mayor Cit r City Council /Successor Agency /Housing Authority December 17, 2013 Minutes Page 10 of 10