HomeMy WebLinkAboutCC MINUTES 08-05-14 MINUTES OF THE JOINT REGULAR MEETING OF THE
CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
AUGUST 5, 2014
300 CENTENNIAL WAY, TUSTIN, CA
CLOSED SESSION MEETING •
6:00 P.M.
CALL TO ORDER — Meeting #2350 at 6:01 p.m.
ATTENDANCE
Present: Mayor AI. Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and
Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr.
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. 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
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
City Council and Successor Agency August 5, 2014
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[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
RECESSED — 6:02 p.m.
RECONVENED — 7:16 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 #2350 at 7:16 p.m.
INVOCATION — Father Wayne Adajar, St. Cecilia
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 Dr.
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 — The Council unanimously
denied Claim No. 14-16, Tiffany Trujillo, otherwise no reportable action. The Council will
reconvene after open session.
111
ORAL COMMUNICATION/PUBLIC INPUT—
City Council and Successor Agency August 5, 2014
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o Laura Evans
o Marc Senesac
o Louise Baxter
PRESENTATIONS
Mayor Murray presented a Proclamation to Dr. Daniel Mackey in recognition of Immunization
Awareness Month.
Mayor Murray introduced and welcomed Jon Kimbrell as the newly appointed Chairman of
the Tustin Chamber of Commerce.
CONSENT CALENDAR ITEMS 1-9
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to
approve the balance as recommended by staff.
Motion carried: 5-0
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. (ALMS) is a national company that
specializes in private crossing guard services. The City of Tustin (City) has
contracted with ALMS 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
City Council and Successor Agency August 5, 2014
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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
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
City Council and Successor Agency August 5, 2014
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with reputable customer satisfaction and has partnered with the City to
111 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.
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 CLASSIFICATION AND COMPENSATION PLANS TO
INCLUDE THE CLASSIFICATION OF PUBLIC WORKS MANAGER AND
ESTABLISHING A LIMITED TERM PROJECT POSITION
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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
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 10-12
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.
It was moved by Councilmember Nielsen and seconded by Mayor Pro Tem
Puckett to have second reading by title only and adoption of Ordinance No.
1436 (roll call vote).
City Council and Successor Agency August 5, 2014
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Motion carried: 5-0
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
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.
PowerPoint presentation by Doug Stack, Director of Public Works
Public Input:
o Edward Beran
o John Green
City Manager Jeff Parker announced the City will host a Town Hall meeting to
address the public's concerns and provide additional information regarding the
drought regulations and the City's rate structure.
It was moved by Councilmember Bernstein and seconded by Mayor Murray 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.
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Motion carried: 5-0 ,
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.
PowerPoint presentation by Scott Reekstin, Principal Planner
It was moved by Mayor Murray and seconded by Councilmember Nielsen 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.
Motion carried: 5-0
Elizabeth Binsack, Director of Community Development, requested direction
regarding the City participating in funding the pedestals. Mayor Murray
expressed that he preferred to see the funding for the pedestals wrapped into
the program; Councilmember Gomez concurred.
OTHER BUSINESS/COMMITTEE REPORTS
City Manager Jeff Parker
Thanked the Mayor and City Council for joining the Police Department and community at
National Night Out.
Councilmember Bernstein
July 16
o Accompanied Director Wilson and the Community Services Commission on the
park tour of the City; thanked Director Wilson
July 17
o Attended the Orange County Vector Control Board meeting; provided an update
regarding the West Nile Virus
July 23
o Attended an informational meeting at Irvine Ranch Water District regarding the
current drought
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Attended the Association of California Cities of Orange County City Leader Reception at
the Disneyland Resort.
July 24
o Announced he was appointed as the alternate of the Orange County Local Agency
Formation Commission (LAFCO) by the Orange County Selections Committee;
thanked those who supported his candidacy
July 25
o Toured water facilities with Water Services Manager Art Valenzuela and Director of
Public Works Doug Stack
Provided an update regarding the water bond and drought situation.
Provided water conservation tips.
August 4
o Interviewed with MIG regarding the Downtown Commercial Core
Congratulated Chief Celano on a successful "National Night Out."
Councilmember Gomez
Corrected comments regarding the Dental Clinic made at the last meeting. The
sponsoring organization, along with the Senior Center, was the Tustin-Santa Ana Rotary
Club; however, the Lions Club was indicated at the last meeting.
August 4
o Prepared for the 25th anniversary celebration at the Senior Center and reviewed
the Senior Advisory Board meeting that she missed
o Announced the annual "Pasta Fest" will be held on Saturday, September 6
o Announced the Senior Center will be hosting a "CarFit" presentation on October 22,
2014; sponsored by Triple A to help seniors stay safe in their cars and properly
adjust seats, seat belts, mirrors, etc.
o Toured the Bocce Ball courts which will be opening very soon
o Announced the Senior Advisory Board will hold their annual retreat in September
o Met with MIG consultants to discuss Old Town Tustin revitalization
August 5
o Spoke at the Lions Club meeting to provide city updates to the group; an Orange
resident and Lions Club member shared that when she attends civic events in
Orange, she does not see Councilmembers in attendance. She was very
complimentary of the entire Council and how visible and approachable Tustin
' Councilmembers are in the community.
Congratulated Chief Celano and the Police Department for a very nice "National Night
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Out" event.
Councilmember Nielsen
Deferred some reports to the September 2nd meeting.
Thanked Parks and Recreation Director Dave Wilson for Concerts in the Park this year.
Attended the "Despicable Me 2" Movie in the Park at Cedar Grove.
Thanked Chief Celano and the Police Department for"National Night Out."
Thanked the Police Officers Association for their scholarship to Rob Nelsen from Tustin
High School.
Attended the Eagle Court of Honor for Don Lee.
Looking forward to more Movies in the Park and Concerts in the Park.
Mayor Pro Tern Puckett
July 16
o Attended Concerts in the Park; thanked Dave Wilson for a wonderful selection of
bands
July 17
o Attended the Association of California Cities of Orange County City Leader
Reception at the Disneyland Resort
July 23
o Attended dinner with the Orange County Fair Board
July 25-July 27
o Attended the CALEA Accreditation in Chicago with Chief Celano, Captain Garaven
and Police Support Services Manager Kristin Miller
July 30
o Attended Concerts in the Park
July 31
o Attended the Boys and Girls Club Endowment Board meeting
o Attended a play date at the Boys and Girls Club
August 1
o Toured Rancho Mission Viejo with the Transportation Corridors Agency
o Announced "National Night Out" was outstanding
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Looking forward to "Tustin Day" at the Orange County Fair on August 7
Mayor Murray
July 17
o Attended the Orange County Fire Authority Executive Board meeting
July 21
o Attended the LOSSAN Rail Corridor Agency Board meeting
July 23
o Attended Concerts in the Park
July 24
o Chaired the Orange County Selection Committee; congratulated Dr. Bernstein for
his selection as the LAFCO alternate
o Attended the Orange County Fire Authority Board meeting; announced he was
selected as the new Chair
Congratulated daughter Lily for her participation in the Junior Olympics at Stanford
University; team won a silver medal
August 4
o Attended the Orange County Transportation Authority Regional Planning and
Highways Committee meeting
o Interviewed with MIG consultants regarding the Old Town analysis
Invited Chief Celano to the podium to report on "National Night Out."
Thanked the Chief and the Police Department.
RECESSED TO CLOSED SESSION — 8:51 p.m.
RECONVENED IN OPEN SESSION — 9:40 p.m.
CLOSED SESSION REPORT— David E. Kendig —No reportable action
1
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ADJOURNED at 9:40 p.m. 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. 11
ELW N • . MURRAY, E' 7 ES C. PARKER,
Mayor I 0i, cot
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