CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen, Councilmember Rebecca "Beckie" Gomez, Councilmember Dr. Allan Bernstein, Councilmember

Al Murray, Mayor

DECEMBER 17, 2013 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pam Arends-King, City Treasurer

Agenda

 

CALL TO ORDER - Meeting #2335

 

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.	CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Govt. Code § 54956.9(a)] - One Case  * Name of Claim: James Olds Case No. WCAB: ADJ8748907

 

4.	CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code  § 54956.8] - Three Cases

 

1.

Property Address/Description Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map 17144; 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 PartiesO.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 APN: 430-391-12, 430-391-09, and 430-391-03 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Gregory Franklin, Superintendent  Under Negotiation Price and Terms of Payment

 

3.

Property Address/Description Tustin Legacy Disposition Package 1B to include sale of Lots 8, 13, 14 and a portion of lettered lot OOOOO in Tract 17404. Agency City of Tustin  City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development  Negotiating Parties Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Under Negotiation Price and terms of payment

 

CALL TO ORDER - Meeting #2335

 

INVOCATION - Mayor Murray

 

PLEDGE OF ALLEGIANCE - Councilmember Gomez

 

ROLL CALL - City Clerk

 

CLOSED SESSION REPORT - City Attorney David E. Kendig

 

PRESENTATIONS

 

* Safe Toys and Gifts Awareness Month

 

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.

 

CONSENT CALENDAR ITEMS 1-5

 

1.

APPROVAL OF MINUTES - JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD DECEMBER 3, 2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD DECEMBER 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 December 3, 2013 and the Special Meeting of the City Council held on December 5, 2013.

 

Agenda Report

 

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 $623,956.98; and Demands in the amount of $ 1,695,433.72.

 

Agenda Report

 

3.

MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City’s required MOE expenditure is $1,119,535. Recommendation: That the Tustin City Council Adopt Resolution No. 13-92, adopting the Measure M2 Expenditure Report for Fiscal Year 2012-2013 and direct staff to file the report with the Orange County Transportation Authority.RESOLUTION NO. 13-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE REPORT FOR FISCAL YEAR 2012-2013

 

Agenda Report

 

4.

AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES The City maintains an active graffiti removal program to provide prompt removal of graffiti on public and private property within the City of Tustin. The City currently contracts with Woods Maintenance Services, Inc. (dba: Graffiti Control Systems) for graffiti abatement services and the current contract was due to expire on October 20, 2013.  The City had previously gone out to bid; however, the bids were rejected due to erroneous information which caused discrepancy in the submittals. Based on City Council direction on October 1, 2013, the Community Development Department provided a month-to-month extension to the current contractor and a new notice to invite bids was issued. Two timely bids were received. Interviews were held and evaluations were completed by staff. Through the review process, it was determined that Graffiti Control Systems was the most qualified and lowest responsible bidder. City Council approval is required in order to enter into a new contract. Recommendation: That the City Council authorize the Community Development Director to enter into a contract with Woods Maintenance Services, Inc. (dba: Graffiti Control Systems) for the removal of graffiti from public and private property effective February 1, 2014 for a one year contract and four possible extensions.

 

Agenda Report

 

5.

FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES OLDS Adoption of the attached Resolution will certify that James Olds is industrially disabled from his position of Police Officer and allow CaIPERS to process his retirement in a timely manner. Recommendation: Adopt Resolution No. 13-95 finding that Police Officer James Olds is industrially disabled from performing the duties of his position.RESOLUTION NO. 13-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT JAMES OLDS, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER

 

Agenda Report

 

REGULAR BUSINESS ITEMS 6-9

 

6.

ORDINANCE NO. 1438, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM Ordinance No. 1438 amends Part 2 of Chapter 6 of Article 1 of the Tustin City Code to satisfy a management comment finding in relation to the City’s June 30, 2012 independent audit and to provide staff with a purchasing section of the Tustin City Code that is relevant and provides clear guidance. Recommendation: That the City Council introduce and have the first reading of Ordinance No. 1438; and, set the second reading at the Council's next scheduled meeting.ORDINANCE NO. 1438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM

 

Agenda Report

 

Attachment A

 

Attachment B

 

7.

BUSINESS LICENSE DOCUMENTATION POLICY At the City Council’s December 3, 2013 meeting, the City Council authorized a modification to the Tustin Municipal code exempting real estate agents from business license requirements (Ordinance No. 1439). In addition, Councilmember Nielsen requested staff to research and bring back options regarding modifications to the business license documentation policy when applying for a business license.  The current business license tax is calculated according to gross receipts. At the time in which businesses apply for a business license, they must provide information related to gross receipts. Several options are available to applicants to suffice this request. Owners may submit tax return information with personal information redacted, financial statements indicating gross receipts, and /or some other form of back up relative to gross receipts.  The aforementioned requested information has been viewed as somewhat invasive to the business owner. There are several options available to the City Council to address the concern of how much information is required to obtain a business license. The following options presented for City Council discussion do not require a proposition 218 vote. Administrative Options:

 

1.	The City may require back up information such as financial statements or the page of the tax return that reflects gross receipts with any personal information redacted (current practice);  OR,

 

2.	Applicants may option out of providing any back up financial information and pay a flat fee of $100 for the annual business license (the current average business license is $60);  OR,

 

3.	The City shall request applicants to provide gross receipts information but will not require any formal documentation. Recommendation: City Council discretion.

 

Agenda Report

 

8.

SECOND READING AND ADOPTION OF ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 2518 TO ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE TO EXEMPT REAL ESTATE AGENTS FROM BUSINESS LICENSE REQUIREMENTS At the City Council’s November 19, 2013 meeting, the City Council directed staff to bring back modifications to the Tustin Municipal code exempting real estate agents from business license requirements. In addition, the City Council requested staff research and bring back a recommendation regarding insurance agents relative to business licenses and State law.  Staff’s research has concluded it is not necessary to make any further Code amendments to address the concern raised by insurance agents about their State Constitutional rights to be exempt from local business taxes. TCC Section 2513(a) already exempts from the City’s business license taxes "Nothing in this Chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt, by virtue of the Constitution or applicable statutes of the United States of America or of the State, from the amount of such taxes as are herein prescribed."  As a result, to the extent an agent is already exempted under the State Constitution, City staff already possess the necessary authorization in the City Code to take administrative action to address that issue. Recommendation: Have second reading by title only and adoption of Ordinance No. 1439 (roll call vote).ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 2518 TO ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE TO EXEMPT REAL ESTATE AGENTS FROM BUSINESS LICENSE REQUIREMENTS

 

Agenda Report

 

9.	2014 COMMISSION VACANCIES Due to term expirations, staff is requesting that the City Council set a date and time to conduct interviews to fill vacancies on the Planning Commission, Community Services Commission and Audit Commission. Recommendation: Pleasure of the City Council.

 

Agenda Report