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Home My WebLink AboutCC MINUTES 05-20-14 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY, TUSTIN, CA CLOSED SESSION MEETING MAY 20, 2014 5:30 P.M. CALL TO ORDER — Meeting #2345 at 5:30 p.m. ATTENDANCE Present: Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: Mayor Al Murray and Jeffrey C. Parker, City Manager City Clerk: Erica Rabe, City Clerk Services Supervisor 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. 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 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Two Cases City Council and Successor Agency May 20, 2014 Minutes Page 1 of 9 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) RECESSED — 5:31 p.m. RECONVENED — 7:01 p.m. 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 at 7:01 p.m. INVOCATION — Pastor Dane Counts PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk Present: Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: Mayor Al Murray and Jeffrey C. Parker, City Manager City Clerk: Erica Rabe, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — The City Council unanimously denied Claim No. 13-15 and Claim No. 13-31, otherwise no reportable action. ORAL COMMUNICATION/PUBLIC INPUT o Marie Sales o Jacob Sales o Jim LaPointe o Harold Katzman City Council and Successor Agency May 20, 2014 Minutes Page 2 of 9 o Marie Sales PRESENTATIONS Mayor Pro Tern Puckett presented a Certificate of Recognition to Shelby Van Raes in honor of coordinating the "Tustin Quiz" at Pioneer Middle School. Mayor Pro Tern Puckett presented a Certificate of Recognition to Sofia Torres in honor of winning the "Tustin Quiz". Mayor Pro Tern Puckett presented a Certificate of Recognition to Joy Wardlaw in honor of being named the 2014 Tustin Unified School District Secondary Teacher of the Year Mayor Pro Tern Puckett presented a Certificate of Recognition to Jennifer Morrow in honor of being named the 2014 Tustin Unified School District Elementary Teacher of the Year Del Patterson presented the winners of the Tustin Community Pride Landscape Awards CONSENT CALENDAR ITEMS 1-6 It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 4-0 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 Govemment 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 City Council and Successor Agency May 20, 2014 Minutes Page 3 of 9 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 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 111 and protecting the public health, safety, and welfare of Tustin residents and City Council and Successor Agency May 20, 2014 Minutes Page 4 of 9 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. 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 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. City Council and Successor Agency May 20, 2014 Minutes Page 5 of 9 It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to have second reading by title only and adoption of Ordinance No. 1442 (roll call vote). Motion carried: 4-0 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 COUNCILMEMBER BERNSTEIN • Attended the Christian Business Men's Connection Government Leaders Prayer breakfast on May 9; keynote speaker was former Black Hawk Pilot Jeff Niklaus • Attended the Teacher of the Year event on May 9 • Attended the Tustin Chamber of Commerce breakfast on May 14 • Attended the City Selection Committee meeting of all the mayor's to vote regarding positions on the Local Agency Formation Commission (LAFCO) on May 14, 2014; thanked those who voted for his seat as an alternate • Attended the Inaugural Water Working group of the Association of California Cities of Orange County on May 15 • Attended the Orange County Water Summit on May 16 • Shared how to locate the north star COUNCILMEMBER GOMEZ • Attended the monthly luncheon League of Women voters for Orange County on April 16 • Attended a workshop on cyber security; discussed good security practices for business on April 17 • Attended the annual Egg Hunt sponsored by the Park and Recreation Department and the pancake breakfast on April 19; the event was well attended. • Attended the annual Tustin Area Fine Arts Student Awards on April 24; thanked TACFA for their ongoing support of the Arts in the community • Attended the community Parking Lot sale at the Senior Center on April 26 • Attended the annual "Take Back the Day" event at the Tustin Police Department; which allows local residents to dispose of expired medications in safe way • Attended School Appreciation Night at Angel Stadium on May 2; Dr. Gregory Franklin, Tustin Unified School District Superintendent threw the first pitch • Attended the Promenade on May 3; which was sponsored by the Tustin Historical Society; thanked the volunteers who help plan the event to bring City Council and Successor Agency May 20, 2014 Minutes Page 6 of 9 visitors to Tustin • Participated in the first Annual Dollars for Scholars Kentucky Derby on May 3; which is a fun event to help raise college scholarship money for our local high school seniors • Attended the monthly American Association of University Women meeting on May 7; met the middle school girls that the local chapter sponsored for TechTrek • Attended the Orange County Library Advisory Board meeting on May 8; discussed revising the bylaws to address the representation and substitute representation of the cities at this meeting; approved the budget for FY 2014- 2015 which will be sent to the Board of Supervisors. Mentioned new online services available through the library, including learning a new language or obtaining digital copies of popular magazines with a valid library card. To obtain a library card visit your local branch or submit an application online. www.ocpl.orq • Attended an event for Teach for America on May 8; the stories of the young teachers were very inspirational • Attended the monthly Orange County Senior Citizens Advisory Council in Huntington Beach on May 9 o May is Older Americans month and the theme is "Safe Today, Healthy Tomorrow" which focuses on injury prevention and safety to encourage older adults to remain active and independent o The Office on Aging has received a limited number of farmers' market coupons for low income older adults age 60 or over. The total value is $20 111 and allows seniors to purchase fresh fruits and vegetables at select farmers' markets in Orange County o The group held an election to select the California Senior legislators who advocate for seniors in Sacramento o Many different resources can be located at http://officeonaginq.ocgov.com/ or 800 510-9472 • Attended the Mother's Day lunch at the Senior Center on May 9 • Attended the Teacher of the Year event on May 9 to honor the local and district teachers of the year • Attended the Chamber of Commerce breakfast on May 14; special guest speaker was Freedom Communications' President, Eric Spitz • Attended the Tustin Public Schools Foundation reunion dinner on May 15; following a day of golf to acknowledge the 25th anniversary of the Foundation Over $3.5M dollars have been raised by the Foundation towards schools • Attended the summer showcase at the Sports Park on May 17; which informs the community of all of the programs that the City provides. Complimented Dave Wilson and his team for finding new ways to reach out to the community • Reminded all that the primary elections are coming up on June 3; encouraged all to read their ballots and to be an informed voter http://www.sos.ca.qov/elections/ 111 COUNCILMEMBER NIELSEN • Attended an event for Assemblyman Don Wagner held at the District in Tustin on April 17 City Council and Successor Agency May 20, 2014 Minutes Page 7 of 9 • Attended the Steering Committee of the Orange County Sanitation District on 111 April 23; ratified travel arrangements for the Chair to attend an international conference; discussed labor negotiations • Attended the Orange County Sanitation District Board of Directors meeting on April 23 o Certificates of Recognition were presented to Santa Ana Watershed Authority, Orange County Department of Public Works, Orange County Water District, Orange County Health Care Agency to recognize their ongoing partnership o Certificates of Recognition were presented to Orange County Science and Engineering awards o Authorized contracts for emission controls and valve replacement in Newport Beach o Approved an ordinance to limit compensation for Board Members • Attended the Orange County Council of Governments on April 24; • o Elected new Chair Brett Murdock and Vice Chair Art Brown o Appointed City of Lake Forest Mayor Dwight Robinson to represent OCCOG on the Transportation Policy Committee o Appointed City of Westminster Council Member Diana Lee Carey to represent OCCOG on the Transportation Policy Committee o Appointed City of Fountain Valley Mayor Pro Tern Steve Nagel to represent OCCOG on the Community, Economic and Human Development (CEHD)Committee o Presentation regarding the Bay Delta Conservation Plan o Presentation regarding the Magnitude 5.1 La Habra Earthquake and Impacts to Orange County o Presentation regarding the District 5 Bikeways Collaborative • Attended the Eagle Court of Honor for Brandon Geurts and Josh Van Patten on April 26 • Attended the Orange County Sanitation District Operations Committee meeting on May 7 • Attended the Tustin Chamber of Commerce breakfast on May 14 • Attended the ribbon cutting for Minuteman Press on May 15 • Attended the Orange County Boy Scouts of America Board of Directors meeting on May 20 • Announced the Orange County Sanitation District 60th anniversary will be celebrated on May 21 at 8:30 a.m. • Announced the Tustin Police Department will discuss senior safety at the Senior Center on May 21 at 10:30 a.m. MAYOR PRO TEM PUCKETT • Attended several Transportation Corridor Agencies board meetings and ad-hoc committee meetings • Attended the Government Leaders Prayer breakfast, sponsored by the Christian 111 Business Men's Connection on May 9; Jeff Niklaus, former Black Hawk Pilot, gave a wonderful speech City Council and Successor Agency May 20, 2014 Minutes Page 8 of 9 • Attended a press conference for the Transportation Corridor Agencies when the toll booths were formally switched to all electronic tolling • Attended the 20th anniversary of the Coyote Canyon Landfill in Newport Beach, CA • Participated in the 8th Annual Golf Marathon for Hope International University on May 19 • Attended the Tustin Public Schools Foundation Golf Classic and Awards Dinner on May 15 in honor of the foundation's 25th anniversary • Attended the Tustin-Santa Ana Rotary Club Lobster Fest on May 17 • Toured the Rancho Mission Viejo Property as a member of the Board of Directors of the Transportation Corridor Agencies on May 20 ADJOURNED at 8:02 p.m. 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. laer SAL, I/12 ' ELWY ( . MURRAY, , Mayor JEF" : IC. PARKER, City I 1 City Council and Successor Agency May 20, 2014 Minutes Page 9 of 9