HomeMy WebLinkAbout00 CC AGENDA 8-5-14CITY OF TUSTIN JOINT REGULAR AUGUST 5, 2014
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND SUCCESSOR AGENCY 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
6:00 P.M.
CALL TO ORDER — Meeting #2350
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. LIABILITY CLAIM: [Government Code § 54956.95] — One Case
1. Consideration of Claim of Tiffany Trujillo, Claim No. 14 -16
3. LABOR NEGOTIATIONS: [Government Code § 54957.6]
Agency Negotiators: David E. Kendig, City Attorney
Employee Organization: Unrepresented Executive Management and
Management Employees
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
[Government Code § 54956.9(a)] — One Case
1. Successor Agency to the Tustin Redevelopment Agency, et al. v.
Matosantos: Case No. 34- 2013 - 80001623
5. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] — Two Cases
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER — Meeting #2350
INVOCATION — Father Al Baca, St. Cecelia
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Puckett
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig
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.
PRESENTATIONS
o Immunization Awareness Month
o Jon Kimbrell, Chairman of the Tustin Chamber of Commerce
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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 9)
1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY HELD ON JULY 15, 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 July 15, 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 Tustin Community Redevelopment
Agency obligations that are in accordance with the approved budget or
continued operations authorizations.
Recommendation: Approve Payroll in the amounts of $402.29, $717,653.74 and
$672,986.31; and Demands in the amount of $4,670,833.29.
3. AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR
CROSSING GUARD SERVICES
All City Management Services, Inc. (ACMS) is a national company that
specializes in private crossing guard services. The City of Tustin (City) has
contracted with ACMS in previous school years. The current Amendment to
Agreement between ACMS and the City for providing School Crossing Guard
Services expired on June 30, 2014. City Council approval is requested for an
agreement for crossing guard services for the next three years beginning with
the 2014/2015 school year with ACMS.
Recommendation: Approve the Agreement between All City Management
Services, Inc., and the City of Tustin for providing School Crossing Guard
Services and authorize the Chief of Police to execute the agreement on behalf
of the City.
4. 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
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Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
Recommendation: That the City Council receive and file report.
5. JOINT POWERS AUTHORITY AGREEMENT WITH THE INTEGRATED LAW
AND JUSTICE AGENCY FOR ORANGE COUNTY
Approval of a Joint Powers Authority Agreement between the Integrated Law &
Justice Agency for Orange County ( ILJAOC) and the City of Tustin in order to
include California State University, Fullerton Police Department as a member
agency. In addition, revisions have been made to the JPA in order to streamline
the future process of adding member agencies and to update /clean up existing
language.
Recommendation:
1. Approve the addition of the California State University Fullerton on behalf of
their Police Department, as a new Member of the Integrated Law & Justice
Agency for Orange County ( ILJAOC).
2. Approve the recommended amendments to the Governance Document of
the ILJAOC Joint Powers Authority.
3. Direct the City Clerk to provide a minute order to the ILJAOC Recording
Secretary (Jennifer Manzella at Jennifer_manzella @ILJAOC.org), confirming
the Council's action.
6. EXTENSION OF CONTRACT WITH CR &R INCORPORATED FOR SOLID
WASTE AND RECYCLING SERVICES
CR &R Incorporated (CR &R) is the City's exclusive provider for solid waste and
recycling services. The initial term of the contract was for seven (7) years, with
three (3) optional one -year extensions. CR &R has provided consistent service
with reputable customer satisfaction and has partnered with the City to
implement programs to provide additional recycling opportunities to the
community. City staff and representatives from CR &R have discussed various
extension options and have agreed to new contract terms and conditions to be
incorporated into a three -year extension.
Recommendation: That the City Council approve the Second Amendment to the
Contract for the Collection, Transportation and Disposal of Municipal Solid
Waste and for the Collection, Transportation, Processing and Diversion of
Recyclable Materials and authorize the Mayor and City Clerk to execute the
amendment on behalf of the City.
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7. REVISED RESOLUTION SUBMITTING BALLOT MEASURE TO VOTERS TO
INCREASE AND CLARIFY APPLICATION OF THE HOTEL ROOM TAX
This item presents a revised Resolution to submit a ballot measure to the voters
concerning the proposal to increase the hotel room tax, sometimes referred to
as the "Uniform Transient Occupancy Tax" or "UTOT "). The revised Resolution
addresses a request from the County Registrar of Voters to add a new required
sentence to the Resolution to consolidate the measure with the November 4,
2014 General Election.
Recommendation: That the City Council adopt the revised Resolution to submit
a ballot measure to the City's voters to increase the hotel room tax (also
referred to as a "Transient Occupancy Tax ") from 6% to 10 %, and to direct staff
to take the steps necessary to place this matter on the ballot, including soliciting
ballot arguments regarding the measure, in the form attached hereto as
Attachment 2, and entitled:
RESOLUTION NO. 14 -52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CALLING FOR THE HOLDING OF AN ELECTION FOR THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN
MEASURE RELATING TO AMENDING CHAPTER 7 OF ARTICLE 20 OF THE
TUSTIN MUNICIPAL CODE PERTAINING TO THE UNIFORM TRANSIENT
OCCUPANCY TAX TO BE CONSOLIDATED AND HELD IN CONJUNCTION
WITH THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4,
2014, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS, AND REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE THE ELECTION WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT
TO SECTION 10403 OF THE ELECTIONS CODE
8. AMENDING THE CLASSIFICATOIN AND COMPENSATION PLANS TO
INCLUDE THE CLASSIFICATION OF PUBLIC WORKS MANAGER AND
ESTABLISHING A LIMITED TERM PROJECT POSITION
Approval of the following actions will amend the City's Classification Plan and
Compensation Plan to include the classification of Public Works Manager and
authorize staff to fill a limited term project position in this classification.
Recommendation: That the City Council take the following actions:
1. Adopt City Council Resolution No. 14 -53 to amend the City's
Classification and Compensation Plans and authorize the appointment of a
project employee in the classification of Public Works Manager for a period
not to exceed four (4) years, unless otherwise extended by the City Council;
and
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2. Authorize the appropriation of $115,000 of unappropriated funds from the
Land Sale Proceeds fund (189 -00 -00 -4772) for the balance of Fiscal Year
2014 -15, to be transferred to the Public Works Engineering account in the
General Fund (100- 40 -12- 5000).
RESOLUTION NO. 14 -53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION
PLANS FOR THE CITY OF TUSTIN TO INCLUDE THE CLASSIFICATION OF
PUBLIC WORKS MANAGER AND AUTHORIZING THE ESTABLISHMENT OF
A PROJECT POSITION
9. APPROVAL OF EXTENSION TO 911 AMBULANCE SERVICE CONTRACT
This item is submitted for the approval of a six -month extension to the existing
911 ambulance contracts between the Doctor's Ambulance and the City of
Tustin from September 1, 2014 to March 1, 2015.
Recommendation: Authorize the Mayor to execute the submitted six -month
contract extensions for the provision of 911 emergency medical transportation
and related services.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 10 through 12)
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1436
Ordinance Number 1436 amends Article 5, Chapter 2 of the Tustin City Code in
its entirety and establishes a Disaster Council pursuant to the California
Emergency Services Act and California Disaster Service Worker Volunteer
Program Regulations.
Recommmendation: Have second reading by title only and adoption of
Ordinance No. 1436 (role call vote).
ORDINANCE NO. 1436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, PROVIDING FOR THE PREPARATION AND
IMPLEMENTATION OF EMERGENCY ORGANIZATIONS AND FUNCTIONS
11. CITY'S RESPONSE TO IMPLEMENT THE CALIFORNIA STATE WATER
RESOURCES CONTROL BOARD DROUGHT REGULATIONS
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In response to drought conditions and as required by Governor Brown, the State
Water Resources Control Board (Water Board) approved emergency
regulations in an effort to ensure water agencies, their customers and state
residents increase water conservation in urban areas. The City of Tustin, as a
water purveyor, is required to implement conservation measures within its
service area to comply with the Water Board regulations.
Recommendation: That the City Council take the following actions:
1. Declare a Stage 2 Water Alert as defined in the City's Water Management
Plan, Ordinance No. 1060;
2. Apply the Stage 2 Water Demand Reduction rates effective immediately;
3. Direct staff to publish notification of the declaration for three consecutive
days in a newspaper and by direct mailing to Tustin Water Services
customers;
4. Authorize staff to provide notification of the required conservation measures
prior to issuing citations; and
5. Appropirate $20,000 from Water Enterprise Fund Balance for additional
customer rebate incentive activity for efficient landscape and irrigation
systems conversion.
12. DRAFT TUSTIN PIONEERS RECOGNITION PROGRAM
The proposed Tustin Pioneers Recognition Program (the Program) would honor
Tustin Pioneers with life size bronze busts and plaques that would be placed on
pedestals in public locations throughout the City. On July 22, 2014, the Planning
Commission recommended that the City Council approve the Program
Guidelines.
Recommendation: That the City Council approve the Program Guidelines and
direct staff to obtain necessary proposals from artists and manufacturers,
consult with the Ad -hoc review committee to select an artist and manufacturer,
determine the proposed budget and bring back the item for City Council review
and approval.
OTHER BUSINESS /COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, September 2, 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. The Regular Business
Meeting of the City Council and Successor Agency to the Tustin Community
Redevelopment Agency scheduled on August 19, 2014 is cancelled due to a lack of
quorum.
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