On the City Council Agenda – November 19, 2013

Hidden Agenda ClipartWe didn’t bother to post the agenda for the Planning Commission last week due to its brevity and lack of interest. The only item of note was an item on AT&T utility cabinets for servicing their U-Verse internet and cable-like system. It seems the city’s resolution of their video issues was short-lived as, a week later, the video is not up so we can’t report on the outcome. We’ll keep you posted.

Tuesday’s Tustin City Council meeting should be a bit more interesting with several items of interest, both on the Consent Calendar as well as the Regular Business Items.

Not much on the Closed Session for the City Attorney to report on even if there is any movement. There is one new item listed as existing litigation regarding the estate of an individual and the police department.

Police had previously declined to discuss the case publicly, stating potential litigation as the reason. TPD did have an encounter with the young man, nineteen year old Paul Quintanar, prior to the accident that took his life. No one has been charged in the incident.

There are also several continuing negotiations concerning MCAS property and swaps with both the TUSD and the US Army Reserve.

The Regular Meeting Agenda is headed by three presentations including one for outgoing Audit Commissioner Richard Hilde.

One glaring item on the Consent Calendar that may be pulled for discussion is Item 4, City Option to Retain or Delegate Authority for Award of Ambulance Contract. Currently, the city retains the authority and, judging from the issues the county is having with its ambulance services, it sounds like it might be a good idea for the city to retain that authority rather than delegate it to the County. The staff report indicates city staff feel the same way.

We’re not sure if Item 5, AB109 MOU on Realignement which would authorize a bank of overtime cash is just for purposes of obtaining what OC Supervisor Janet Nguyen calls, “free money”. AB109 involves the realignment of responsibilities of post-release supervision of prisoners to the community. Previously, most of this was handled by state parole agents. It is now handled almost exclusively by county probation officers.

In reading the agenda report for this item, we found the city has assigned a “Compliance Detective” to monitor the activities of released offenders. Of course, this is what the Orange County Probation Department, who has a full-time deputy probation officer assigned to Tustin, does. So, we’re not sure why the need for additional manpower in this area. We do recognize the detective also monitors sex and drug registrants, not a bad thing in our book.

Under Regular Business, city staff have finally answered all the questions the city council had when they last addressed a recommendation to appoint City Finance Director, Pamela Arends-King as the city’s Treasurer. As we’ve noted before, we endorse the idea of Arends-King being officially appointed to the position. We are opposed, however, to the hefty $8,000 increase in pay, particularly since the previous City Treasurer, George Jeffries, did the same job for half the amount.

The staff report indicates a savings to the General Fund and the Water Enterprise Fund of $19k but they provide no evidence, other than “because we said so”, of the savings. Where is the transparency to the public when calculating these so-called savings?

It seems Boss Tweed Parker is cementing his executive relationships at taxpayer cost.

Item 8, Business License Program, is a request by city staff to continue to use a questionable company to assist them in business license compliance. MAS, a company that has made a living off cities by making it a practice to offend the business owners, has a checkered history in collecting fees for errant businesses who have failed to obtain a license to operate in the city.

When the city first contracted with MAS to collect delinguent business license fees and taxes, we foretold the issues they would have. Businesses have reported harassment and unqualified accusaitons as they have been contacted by MAS representatives who have combed the city on a witch hunt for transgressors. The backlash to the city appears to be catching up with them as they back track on collections.

The proposed recommendation involves refunds and reassessments of the operations. What it should involve is a complete investigation into the business practices of the contractor to determine whether this is appropriate action for a city like Tustin, who purports to be business friendly, to be conducting.

To deflect attacks from the root problem, the staff report addresses the questions asked by the city council regarding business licensing for realtors. The city currently has a policy in place that seems adequate. Perhaps they should leave well enough alone and concentrate on MAS operations.

That’s it for this week’s meeting. We’ll try to keep you posted on any changes.

Closed Session

Conference with Legal Counsel -

Two items each Exposure to and Initiation of Litigation.

Existing Litigation – Marie Sales on Behalf of Paul J. Quintanar v. City of Tustin et al.

Confernence With Real Property Negotiators

MCAS properties, 14 lots, OC Property Company (Cushman Wakefield).

Price and Terms of Payment APN: 430-391-12, 430-391-09, and 430-391-03, Tustin Unified School District.

Property Address/Description 2345 Barranca Pkwy and 15 acres of the N/E corner of Red Hill Avenue and Warner Avenue – Army Reserve negotiating.

Regular Business Agenda

Consent Calendar

Item 4, City Option to Retain or Delegate Authority for Award of Ambulance Contnract.

Item 5, Master MOU Between City of Tustin and County of Orange for Public Safety Realignment and Post Release Community Supervision Authorized Expenditures.

Regular Business Items

Item 6, Approve Agreement with the City of Irvine, et al, to Fund the Peters Canyon Wash Channel Water Capture and Reuse Pipeline.

Item 7, Recommendation of the Finance Director’s Appointment as the City Treasurer.

Item 8, Business License Program.

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