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Home My WebLink AboutCC MINUTES 11-19-13MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY NOVEMBER 19, 2013 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2332 at 5:30 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: 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(d1)] — 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) City Council /Successor Agency /Housing Authority November 19, 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 Address /Description Agency City Negotiators Negotiating Parties Under Negotiation APN: 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03 City of Tustin Jeffrey C. Parker, City Manager Tustin Unified School District, represented by Grego_ ry Franklin, Superintendent 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 Warn_ er 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 RECESSED at 5:31 p.m. RECONVENED at 7:03 p.m. City Council /Successor Agency /Housing Authority November 19, 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 #2332 at 7:03 p.m. INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Pro Tern Puckett 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 Certificate of Recognition presented to 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 presented to Pam Arends -King, Director of Finance and the Finance Department o Proclamation presented to outgoing Audit Commissioner Richard Hilde for service ORAL COMMUNICATION /PUBLIC INPUT — o John Gallie o Harold Katzman City Council /Successor Agency /Housing Authority November 19, 2013 Minutes Page 3 of 10 CONSENT CALENDAR ITEMS 1 -5 It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern Puckett to pull items 3, 4 and 5 and approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 5 -0 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, 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. It was moved by Councilmember Gomez and seconded by Mayor Murray to receive and file the quarterly investment report and direct staff to provide a more detailed report in the future, including a graph displaying a concentraion of investments. Motion carried: 5 -0 City Council /Successor Agency /Housing Authority November 19, 2013 Minutes Page 4 of 10 1 L 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. It was moved by Councilmember Gomez and seconded by Mayor Murray to retain contract award authority and direct staff to provide more information regarding the vetting process. Motion carried: 5 -0 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 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. It was moved by Mayor Murray and seconded by Councilmember Bernstein to: 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 City Council /Successor Agency /Housing Authority Minutes November 19, 2013 Page 5 of 10 4. Direct the Chief of Police to notify Council if the amount of funding available under this or subsequent MOU agreements changes. Motion carried: 5 -0 REGULAR BUSINESS ITEMS 6 -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 Tustin. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to: 1. Appropriate the first installment payment of $181,518 from MCAS Backbone Fee (Fund 187) for the Peters Canyon Wash Channel Water Capture and Reuse Pipeline; and 2. Approve the Peters Canyon Wash Water Capture and Reuse Pipeline Funding Agreement, and authorize the Mayor and City Clerk to execute the document on behalf of the City. Motion carried: 5 -0 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. City Council /Successor Agency /Housing Authority November 19, 2013 Minutes Page 6 of 10 It was moved by Councilmember Nielsen and seconded by Mayor Pro Tern Puckett to move forward with appointment of 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 and direct staff to return with a Resolution for City Council's consideration. Motion carried: 5 -0 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. Public Input: City Council /Successor Agency /Housing Authority November 19, 2013 Minutes Page 7 of 10 • Phil Hawkins • Chris Barr • Michael McCain • Judy Barr • Al Richie City Council /Successor Agency /Housing Authority November 19, 2013 Minutes Page 7 of 10 RECESSED at 8:12 p.m. RECONVENED at 8:17 p.m. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to 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. Motion carried: 5 -0 OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER JEFF PARKER • Announced the Tustin Ranch Road Extension Ceremony will be held on Saturday, November 23 at 9:00 a.m. COUNCILMEMBER BERNSTEIN • Attended the Gift of History event at the Angel Stadium of Anaheim on November 7 • Toured the pumping stations with the Municipal Water District of Orange County on November 8 • Attended the Tustin Area Republic of Women Federated dinner on November 8; guest speaker was Dinesh D'Souza author of "2016: Obama's America" • Commented on Veteran's Day on November 11; thanked those who serve our county; shared quotes from President John F. Kennedy • Attended the Association of California Cities of Orange County Local Government Innovation Task Force on November 12 • Attended the Tustin Chamber of Commerce breakfast on November 13; congratulated the Tustin Police Department; guest speaker was Assemblyman Don Wagner • Attended the Orange County Local Agency Formation Commission on November 14; congratulated Councilmember Gomez on being selected to serve on the Senior Citizens Advisory Council • Attended the Association of California Cities of Orange County Legislative and Regulatory Committee meeting on November 15 • Announced that the Mayor's Thanksgiving Breakfast will be held on November 21 • Announced that the Tustin Ranch Road Extension Opening Ceremony will be held on November 23; congratulated Doug Stack • Wished all a.Happy Thanksgiving COUNCILMEMBER GOMEZ • Attended the Ideal Spine and Rehab ribbon cutting on November 6 • Attended the American Association of University Women meeting on November 6 City Council /Successor Agency /Housing Authority November 19, 2013 Minutes Page 8 of 10 1 1 • Attended the Veteran's Day lunch at the Senior Center on November 8; local American Legion participated in the celebration • Attended the Tustin High School versus Yorba Linda High School football game • Attended the Tustin Chamber of Commerce breakfast on November 13; guest speaker was Assemblyman Don Wagner • Attended the Association of California Cities of Orange County meeting on November 14; guest speakers was Dan Schnur, Director of the Jesse M. Unruh Institute of Politics at USC • Honored to install the new Board of Directors Tustin Dollars for Scholars on November 18 • Thanked CR &R for compost giveaway • Looking forward to the Mayor's Thanksgiving Breakfast on November 21 • Looking forward to the Tustin Ranch Road Opening Ceremony on November 23 • Wished the Tustin community a Happy Thanksgiving and reminded all the count their blessings COUNCILMEMBER NIELSEN • Attended the Orange County Sanitation District Board of Directors and Steering Committee meeting on October 23 • Attended the Orange County Sanitation District Legislative and Public Affairs Committee meeting on November 12 • Attended the Association of California Cities of Orange County Legislative meeting • Attended the Orange County Council Boy Scouts of America Executive Board of Directors meeting on November 19 • Looking forward to the Tustin Ranch Road Opening Ceremony; thanked Doug Stack for tour and former Mayor Amante MAYOR PRO TEM PUCKETT • Due to traveling, was unable to attend CR &R's compost giveaway • Attended the Transportation Corridor Agencies Board of Directors meeting and three ad hoc committee meetings • Attended the Tustin Chamber of Commerce breakfast; guest speaker was Don Wagner; congratulated Police Officer of the Month • Presented a Proclamation for Scouting for Food on November 9 • Attended the Bonefish Grill ribbon cutting on November 19 • Announced the Tustin Community Foundation Mayor's Thanksgiving Breakfast will be held on November 21; keynote speaker is Erin Runnion • Announced the Enderle Center holiday kickoff event will be held on November 19 • Looking forward to the Tustin Ranch Road Opening Ceremony on November 23 • Wished all a Happy Thanksgiving City Council /Successor Agency /Housing Authority Minutes November 19, 2013 Page 9 of 10 MAYOR MURRAY • Attended the Association of California Cities of Orange County Meet and Greet Event with Neil Peterson, CEO of the Transportation Corridor Agencies on November 6 • Attended the Orange County Transportation Authority Regional Board meeting on November 8 • Attended the Spurgeon Awards luncheon; Chief Richter and Chief Small were honored for their service • Attended the Tustin Area Republic of Women Federated annual dinner; honored to administer oath of office to new board members for 2013 -2014 • Attended the Tustin Chamber of Commerce breakfast; congratulated Police Officer of the Month Royce Del Merari; guest speaker was Assemblyman Don Wagner • Attended the Association of California Cities of Orange County City Selection and Business meeting on November 14; appointed as 3rd District Representative for Orange County Transportation Authority; Councilmember Gomez was appointed to serve on the Senior Citizens Advisory Council • Attended the Association of California Cities of Orange County Legislative Committee meeting on November 15 • Interviewed with Time Warner local news to provide an update on the City • Met with San Juan Capistrano Mayor John Taylor • Attended the Bonefish Grill preopening dinner • Attended with daughter the Substation and Town Hall meeting with Chief Celano, staff and the Orange County Fire Authority on November 16 • Spoke at the Kinship Center event held at the Senior Center on November 17; encouraged all to visit their website: www.kinshipcenter.org • Attended the ribbon cutting for Bonefish Grill on November 19 • Announced SOCAL Water Polo 14 year -old girls' team won the Gold Medal National Championship • Announced the Mayor's Thanksgiving Breakfast will be held on November 21 • Looking forward to the Tustin Ranch Road Opening Ceremony on November 23; congratulated Doug Stack; thanked former Mayors Jerry Amante and Tony Coco; former Councilmembers and the Orange County Transportation Authority • Announced following the Thanksgiving holiday, the City will light 60 trees along El Camino Real from Newport Avenue to First Street to celebrate the holiday season and the 25th anniversary of the Cultural Resources Overlay District • Wished all a safe Thanksgiving ADJOURNED at 8:49 p.m. — The next meeting is scheduled for Tuesday, December 3, 2013 at 5:30 p.m. or the Closed Session Meeting followed by the Regular Business Meetin at 7:00 p the Council Chamber, 300 Cente i Way, Tustin, mia. ELWYN A. URRAY, JV-y F Y C. PARKER, Mayor C e City Council /Successor Agency /Housing Authority November 19, 2013 Minutes Page 10 of 10