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Home My WebLink About00 CC AGENDA 5.20.14CITY OF TUSTIN JOINT REGULAR MAY 20, 2014 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY 0 300 CENTENNIAL WAY, TUSTIN Charles E. "Chuck" Puckett, Mayor Pro Tern 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 Dr. Allan Bernstein, Councilmember Pamela Arends -King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2345 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)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. LIABILITY CLAIM [Govt. Code § 54956.95] — Two Cases 1. Consideration of Claim of Russell Taitz, Claim No. 13 -15 2. Consideration of Claim of Southern California Edison, Claim No. 13 -31 Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the meeting are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Two Cases 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Matosantos: Case No. 34- 2013 - 80001623 2. SEMA Construction, Inc. v. City of Tustin (Superior Court No. 30 -2008- 00101147) JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2345 INVOCATION — Pastor Dane Counts PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Shelby Van Raes - Student Writing Contest • Joy Wardlaw — 2014 Tustin Unified School District Teacher Secondary Teacher of the Year • Jennifer Morrow — 2014 Tustin Unified School District Teacher Elementary Teacher of the Year • Tustin Community Pride Landscape Awards 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. City Council and Successor Agency May 20, 2014 Meeting Agenda Page 2 of 6 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 6) 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON MAY 6, 2014 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council and the Successor Agency to the Tustin Community Redevelopment Agency held on May 6, 2014. 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 amount of $639,093.63 and Demands in the amount of $4,220,503.25. 3. EXTEND THE PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES WITH WHITE NELSON DIEHL EVANS LLP The City's independent auditor's agreement with White Nelson Diehl Evans LLP (WNDE) California was for three years ending fiscal year 6/30/2013. The agreement allowed for the extension of service for two subsequent fiscal years. Based on the satisfactory service WNDE has provided, the Audit Commission discussed and approved the extension of WNDE's agreement for fiscal years 2013/2014 and 2014/2015. Recommendation: Based on the advisement of the Audit Commission, that the City Council approve the extension of the professional services agreement for audit services with WNDE for fiscal years 2013/2014 and 2014/2015. 4. INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) ELECTRONIC CITATION PROJECT The County of Orange Superior Court notified all agencies they would be discontinuing their citation data entry contract in July 2014. As a result of this City Council and Successor Agency May 20, 2014 Meeting Agenda Page 3 of 6 decision, agencies would experience delays in the processing of non - electronic citations; thereby impacting the adjudication of those matters. Due to statute of limitations issues with prolonged processing, the fines associated with these citations may become forfeited revenue for the City of Tustin. In order to meet court requirements to have all citations submitted electronically, the Tustin Police Department has determined the need to purchase twenty E- Citation handheld devices. Recommendation: That the City Council authorize: 1. The approval to proceed with the ILJAOC Electronic Citation Project. 2. The purchase /acquisition of twenty E- Citation handheld devices and complete implementation. 3. The approval for a supplemental appropriation of $110,514.16 from the Equipment Fund (184) for the purchase /implementation of the E- Citation handheld devices. 5. AWARD OF CONTRACT FOR PROPOSALS FOR THE PROCESSING AND COLLECTION OF ADMINISTRATIVE CITATION FINES The City adopted the Administrative Citation Ordinance and Program (Administrative Citation Program) in 2008. The Administrative Citation Program was established in response to the need for an alternative method of enforcement for various violations of the Tustin City Code (TCC). The goal of the Administrative Citation Program is to improve quality of life by promoting and protecting the public health, safety, and welfare of Tustin residents and business owners by reducing the number of code violations through the encouragement of expedient compliance with the TCC and State Codes, ordinances, and regulations in a timely and efficient manner when other administrative remedies are unsuccessful. On April 21, 2009, the City Council awarded a consultant contract for professional services with Data Ticket Inc. (DBA: Revenue Experts) to provide processing services and fine collection of administrative citations. At that time, Data Ticket, Inc. (Newport Beach) was selected and contracted for one (1) year with four (4) yearly extensions which will expire in June of 2014. Staff has conducted an advertisement for proposals, conducted interviews, and is recommending selection of Turbo Data Systems, Inc. (Tustin) for the collection and processing services of administrative citations. Recommendation: That the City Council authorize and direct the Community Development Director to enter into contract with Turbo Data Systems, Inc. to provide collections and processing services of administrative citations. City Council and Successor Agency May 20, 2014 Meeting Agenda Page 4 of 6 6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE FRONTIER PARK WATER PLAY ELEMENT (CIP NO. 20074) The Frontier Park Water Play Element has been completed and the project is ready for acceptance and filing of the Notice of Completion. Recommendation: That the City Council: 1. Adopt Resolution No. 14 -36 accepting the Frontier Park Water Play Element (CIP No. 20074), and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 14 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FRONTIER PARK WATER PLAY ELEMENT (CIP NO. 20074) REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 7) 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1442 Ordinance No. 1442 amends Article 4, Chapter 3, Part 5 of the Tustin City Code (TCC) to be consistent with the California Green Building Standards Code requirementspertaining to Construction and Demolition (C &D) recycling. Recommendation: Have second reading by title only and adoption of Ordinance No. 1442 (roll call vote). ORDINANCE NO. 1442 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY OTHER BUSINESS /COMMITTEE REPORTS City Council and Successor Agency May 20, 2014 Meeting Agenda Page 5 of 6 ADJOURNMENT — The next meeting is scheduled for Tuesday, June 3, 2014 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council and Successor Agency May 20, 2014 Meeting Agenda Page 6 of 6