The city apparently fixed the video problem they had with the May 7th meeting and the video is finally up for viewing. We’ll let you know if we find anything interesting that we haven’t already reported on. We are wondering if the issues had to do with their recent changeover to allow direct downloading of the video, something we applaud as a step toward a more open government.
May 21st could be a busy day for the city council. The Closed Session, which begins at 5:30 pm, makes no mention of labor contracts. Negotiations have been in progress for the past couple of weeks. Most of the employees in the city are represented by the Orange County Employees Association. The grapevine tells me the city may be looking for increased pension payments as they are in a hurry to catch up the unfunded liability. City employees belong to CalPERS, not the County pension system, OCERS. Too bad. OCERS is doing quite well at this time, even though the OC Board of Supervisors would like the voters to think otherwise.
Most of the Closed Session will discuss property negotiations on the MCAS base. The fact they are discussing terms is a good sign the development of the base is finally picking up. As we said before, the best thing the last city council could do was to make the city its own master developer for purposes of developing and selling the property. It seems when that occurred, development picked up drastically.
The Open Session begins with presentations to Hewes Kids, OCFA Fire Chief Keith Richter and the National Student Leadership Council of SADD. Chief Richter was recently awarded the Fire Chief of the Year Award by the Metropolitan “Metro” Fire Chiefs Association. Undoubtedly, the city council will bestow a certificate or two on him as well.
Two items on the Consent Calendar deserve discussion. The first is the contract with the Orange County District Attorney to prosecute violations of city code. The DA provides prosecution for the city for any violation of state law without cost (the people vs. etc. etc…). Violations of city ordinances, on the other hand, must either be handled by the city attorney or the district attorney under contract. Now, I could really slam the ineptness of the city attorney here but his law firms expertise is in government not criminal law. So, he is off the hook.
The DA has proposed a contract with a reasonable rate increase ($150 p/hr Attorney & ($84 p/hr Clerical) that we doubt the city could find elsewhere. The indication is the OCDA’s services are rarely needed and the contract is based on use rather than time. It is interesting to note the burden of deciding prosecution remains with the DA rather than the city. This is the same as it would be for any felony prosecution.
Item 4, Asset Capitalization Threshold, should also be pulled for discussion. There is a (very) brief discussion on the issue in the staff report that outlines the issue. The economy has outgrown the previous amounts used for capitalization of short and long term assets. City staff are proposing new thresholds but, we question how they came up with those numbers. In fact, judging the economy from a consumer standpoint, we wonder if the new thresholds may be too low considering the skyrocketing cost of infrastructure constructions nowadays.
The final item on the consent calendar is the Quarterly Investment Report. Since the passing of George Jeffries, responsibility for investment of city funds has been delegated to Finance Director, Pamela Arends-King. We’ll reserve judgment as this is her first time out. Suffice it to say the funds are intact.
While most of the Regular Calendar consists of Second Readings of various ordinances affecting MCAS property, one item stands out as a bit of good news for homeowners.
The Approval of Issuance of Special Tax Refunding Bonds should be good news for some homeowners in the Tustin Legacy. About 563 homeowners will see their Mello-Roos lowered by a tax refunding bond. If you are a glutton for punishment, read the 232 page staff report that details the background and refunding of the money. Of course, all of this assumes the economy will continue to improve, a hedgy bet at best.
A second reading will also be heard on amending an ordinance to allow city commissioners to remain on their commissions until such time as they are elected to city office or replaced by the city council. This change will not only bring the city in line with most other cities policies in Orange County, it actually makes sense. One item of contention at the March meeting when this was first discussed was commissioner compensation. If we had to guess, we would say the current city council is not happy with the way the previous council screwed them in regard to compensation.
When Jerry Amante first proposed the voters have a say in compensation, it was clearly a tactic to hurt Councilwoman Deborah Gavello, whom he considered his arch nemesis. That he could care less about the city and future councilmembers, who largely foot the bill for their own expenses, was obvious. By shaming them into compliance, he convinced John Nielsen and Al Murray, both of whom were on the council at the time, into voting to place an ill-conceived ballot measure before the voters that eliminated compensation for city councilmembers. This has placed an undue financial burden on all of them and could hurt the city when it comes time to find otherwise qualified candidates for office.
Seeing the damage it has done so far has apparently caused the Gang of Four to reconsider compensation and not do the same thing to city commissioners. This makes the city commission seats, as influential as they are, a more palatable choice for those who choose to serve the city in a volunteer basis.
The final item, as usual, is the Legislative Report. Staff are recommending support for several bills in Sacramento.
The first, AB229, is specifically geared toward creating tax districts and, in Tustin’s case, on former military base property. Essentially, when redevelopment agencies went away last year, it left Tustin in limbo regarding financing of infrastructure on base property. They joined other government entities who had former base properties in legislation that would allow them to continue to operate similarly structured enterprises. This is, of course, an end run around the demise of redevelopment agencies and is actually RDAs on steroids. We have to wonder why Democrats continue to give gifts of bad public policy to the Republicans.
We do agree with the city’s opposition to AB667 which would require an Economic Impact Report in “economic assistance areas”. This is essentially a “rent control” for businesses that would require a superstore, such as Wal-mart, to study the economic impact on small businesses in a city before they would be allowed to build a superstore. On its face this is protectionism at its worst and should be defeated. What makes this bill even more ominous is the fact the city could be allowed to conduct the so-called study itself, leaving business development even more prone to corruption than it already is. The fact is, there are already enough impediments to business, big and small, that no more should be required by law. Two previous bills like 667 were vetoed by the governor. Support and opposition are typically aligned with unions and business.
Likewise, we agree with the city in their opposition to SB323 which would exclude tax exemptions for private non-profit organizations whose membership requirements exclude certain classes of citizens. SB323 is clearly aimed at the Boy Scouts who continue to exclude gays from their organization. In doing so, the author of the bill, Assembly Speaker John Perez, who is openly gay, is willing to chance the disbanding of other organizations that cannot meet the strict definitions of membership in their organization. This is nanny state government at its worst. Better the BSA debate should remain in the public opinion arena rather than rely on implementation of socialist laws that serve a narrow purpose.
That’s it for the week. If you attend the meeting this week, drop me a line and give me your thoughts.
Happy Cinco de Siete. The bad news is, my desktop is in for repairs and will, hopefully, be out by this next weekend. Of course, depending on the cost, a new one may be in order. In the meantime, I will struggle to get out posts with the reliable but anachronistic netbook. Isn’t it amazing that, just a few years ago, the netbook was the hottest thing on the market? Now, they are right up there with…desktop computers.
It looks to be a busy night for the Tustin City Council as they hold a couple of public hearings preceded by a slew of feel good presentations. The presentations are likely to be lengthy with lots of pomp and circumstance (emphasis on pomp).
The first public hearing is to establish a new Community Facilities District and accompanying mello-roos tax for an area of the Tustin Legacy. You might think this a routine issue but, it is a timely one for the city. It should be unsurprising that, the vote on establishing a CFD, when there are no residents in the location, falls to the landowners, in this case, the city. So, why wait until there are pesky homeowners to get in the way of establishing a tax base? Trust me, the entire hearing is pretty much pro forma for establishing the CFD and it is doubtful there will be much input from the public. It is probably a good thing the staff know what they are doing. That way the Four Amigos only need to say “yes”. One thing the folks moving in should know is this is a forever tax that will be passed on to future landowners owners. That tax will increase by two percent per year ad infinitum.
The second Pubic Hearing concerns the disposition of the Community Development Block Grant funding allocation. As you know, in the past we have been critical of the method used by the city council to disseminate CDBG funds. Specifically, the relationship of members of the city council to the executive director of the Tustin Community foundation which the city used to manage funds was questionable, to say the least.
Most recently, a committee made up of city staff members evaluated the current funding and made recommendations that can be found in the staff report. Of course, I am always amazed that, with funding and programs the community depends on we would allow city staff, most of whom live elsewhere, to determine what is best for us. In the end, worthy projects are being recommended for continued funding, including Human Options, Laurel House and Mercy House, all of which go to assist those most in need in our community.
One item I find interesting is the “Old Town Study” which is funded at $27 thousand dollars. This study appears to be a marketing study to see how the city can eke the most tax dollar out of the cultural overlay district. Could this project be the one to take precedence over the recent community development project to determine changes in the Old Town zoning regarding guest houses and second units? When an inquiry was recently made by a resident, they were told the guest house ordinance would be completed some time in the future, that it wasn’t a priority for city staff at the time. Really? Perhaps the city staff, which we have shown time and again is out of touch with city residents, should rethink that. More in a future article.
All in all, the proposed CDBG update is in order, regardless of how we got there, and it should pass muster with the residents of the city. It should be interesting how much back slapping the city council does before approving it.
The third Pubic Hearing has caused quite a bit of discussion both on the dais and in the community. Chad Ortlieb has managed to segue the Wilcox Manor issue in with the zoning amendments when they were before the city planning commission and he may show up at this meeting to discuss the issues again.
While the ordinance was being considered by the planning commission, more than 50 comments were received and supposedly considered by the commission. The city attorney attempted to block Ortlieb’s critical letter based on a timeframe until Ortlieb demonstrated that he actually was within legal limits. That in itself should tell you how desperate city staff are to get these amendments in. Why the hurry? In any case,it would not surprise me to see a few more comments at the public hearing and I imagine we will see another appearance by Lindburgh MacPherson who is sweating bullets over the Wilcox Manor CUP application being kept in the limelight when he hoped it would fade into oblivion. Sorry, Lindburgh, we still don’t want your dog and pony show in Old Town.
Item 7 on the Consent Calendar is to appropriate supplemental funds for the completion of Tustin Ranch Road and other road improvement projects. It appears to be a housekeeping issue more than anything else but, I’m no accountant so you may want to look at the agenda report yourself.
That’s about it. Unless you are a glutton for punishment, come late and go home early. By the way, the agenda doesn’t mention it but, I could have sworn The American Legion Pot 227 was back in good standing. If so, the should provide they best presentation: our Flag.
It’s that time of year, again, as labor leaders line up for negotiations. Although councilmembers are scheduled to discuss the state of negotiations, I’ve been told the first meeting with labor has not taken place yet. These talks are probably to discuss what would be acceptable. In recent history, the police associations have been willing to change their pension plans for new hires and for all members to pay more into their retirement while foregoing raises. Changes to state law this year will mandate other changes for retirement. As far as raises go, all employees should be reminded the Chief received a 5% raise to make sure he doesn’t go elsewhere. Should the rank and file get the same?
There is only one Public Hearing which the city staff are asking to be continued. As we recall, this item was continued once before. Apparently, they haven’t stacked the deck enough in Community Development Director Elizabeth Binsack’s mind after the Fairbanks debacle. Still no draft to peruse. We would like to see this published several days before the meeting it is to be heard at as we are sure it holds the interest of more than a few of our residents.
One thing that can be said for this city council, they certainly don’t want to be bothered with the details. The rest of the agenda, save for a couple of items, consists of the consent calendar where some of the items clearly deserve discussion if not for clarity’s sake then the sake of the residents who foot the bill. Alas, I guess this is the result of having zero stipends for the boys.
Item #4, Authorization to Sell an (Housing) Authority-Owned Affordable Home, certainly deserves open discussion. The staff report recommends allowing the Authority Director to set the price and conduct closed session meetings with proposed buyers “in order to receive Commission approval” for the sale. Fine, except the public will not know any of the details of the purchase until after the fact. That includes the purchase price and proposed buyer. Surely, this should be public knowledge so we will know what we are getting and to insure the buyer is truly qualified. Apparently, the city seems to think the purchase and sale of publicly owned property should automatically be conducted behind closed doors. In this case, we think it should be in public view.
Item #6, an Agreement with Municipal Auditing Services and Approval of Resolution 13-13 should also be up for discussion. The proposed resolution would turn over public records of business licensees to a private firm (we call this outsourcing) for collection activities. According to the description, MAS would be allowed to perform collections of delinquent business licenses, audit current business licenses, and “engage in the discovery of unlicensed businesses.”
According to the staff report, the business license division consists of one employee. Rather than add staff, the city suggests outsourcing the investigation of businesses to make sure they obtain a license prior to doing business in the city. The target for these investigations is, obstensibly, the millions of dollars in lost license fees the city incurs when transient businesses such as plumbers and delivery services transact business within city limits. So, rather than rely on the past practice of concerned citizens calling in reports on errant businesses, the city has decided to hand this task over to a private collection agency at a whopping 40% commission fee. It should be noted that at least one business takes issue with their alleged witch hunt activities. Perhaps the staff should do a bit more research themselves before contracting with this company. Oh, and what happened to our RFP process. If this is a valuable contract, isn’t the city required to publish an RFP?
We have a better idea.
How about saving the commission and assigning this task to Code Enforcement officers. Tustin PD patrol could also be on the lookout for suspicious plumbers and convey that information to Code Enforcement as well. If the task is too great to assign to code enforcement, perhaps they should rethink the additional staff. Laughably, the staff report says the reason staff want to outsource this is to maintain Tustin’s “business friendly” atmosphere by insuring all businesses are correctly taxed. I doubt using a collection agency with the authority to conduct witch hunts using city resources will convey that positive feeling. The city council should send this proposal back to the drawing board.
Item #11, City of Tustin Strategic Plan 2013-2018, has been an on-again, off-again project of the city council. Discussion of this plan has taken up way to much time cosidering there is nothing new at all in this. One has to wonder if the city council actually paid for this plan considering it appears to be a template of dozens of plans of other cities and companies across the country. And, as with most strategic plans of this type, it is mostly a feel-good piece of publicity that does not address the core of issues related to the city. Although Management Partners, the true authors of the plan, did their research, they found severe issues with the city’s operations citing alienation of the school district and civility of the city council along with poor succssion planning as examples of what the city lacks. The proposed strategic plan simply says they will fix those things by being better. It should be interesting to see how fast this gets swept under the carpet after approval (Oh, come on, you know they will approve it).
Conference with Legal Counsel 2 each Initiation and Exposure to Litigation
Public Employee Performance Evaluation City Manager, Jeff Parker and City Attorney, David Kendig. We remind the City Council that any proposal for raises for Parker or change in services for Kendig require public discussion.
Labor Negotiations – All Public Employee Unions and Non-represented employees.
Conference With Real Property Negotiators – Three properties on Tustin Legacy MCAS property.
Ordinance to Amend Hearing Officer Guidelines – Postponed to Aporil 16th City Council Meeting.
Authorization to Sell Affordable Home - Located at 14554 Newport Ave., #3 by the Housing Authority Commission.
Second Amendment to Rental Agreement – Warehouse building used by National Office Liquidators to increase the amount of space rented at market price.
Approval of Agreement With Municipal Auditing Services - To provide collection services for business licenses.
Approve Agreement For Information Technologies Services Network Migration Project- Funding was appropriated to upgrade the computer and telephone system in City Hall.
Regular Business Items
City of Tustin Strategic Plan- Approve Strategic Plan developed by Management Partners. Plan durations 2013-2018.
Removal of Commissioners From Office Upon Running For City Council – Directs staff to devise a proposal for resignatin/removal of commissioners and timetable for their replacement.
There’s not much to get excited about on the Tustin City Council agenda this week. It is nice to see an agenda without the usual City of Tustin v. TUSD closed session item. In fact, there are no current lawsuits listed for discussion and only the usual two each, initiation and exposure to, litigation. There are also two liability claims (precursors to lawsuits) under consideration.
One item on the Closed Session Agenda does deserve scrutiny, the performance evaluation of the City Attorney, David Kendig. Since taking over from predecessor Doug Holland, Kendig has displayed less than stellar performance, in our view. Both lawyers hail from the Law Office of Woodruff, Spradlin & Smart which has handled the city’s legal affairs since 1995. At one time, we lauded the city for continuing to use the firm for legal guidance, particularly with Holland as the chief representative. We had high hopes for Kendig but he has proven that he is more of a panderer than an attorney. He quickly aligned himself with the right side of the dais and has since become entrenched. He has given questionable advice and, in some cases, has blatantly attempted to mask wrongdoing on the dais with opinion that doesn’t come close to proper legal advice.
That said, we have a few new/old faces on the council who, hopefully, will take a focused look at this attorney’s off-track decisions. Continued use of Kendig should go against the grain of each councilmember who ran on an open-government-transparency ticket in the last election. In fact, it is perhaps time to take a look at the contract law office as a whole.
There is at least one item on the Consent Calendar that should be discussed openly before the city council. City staff are recommending that Notices of Completion for capital improvement projects be allowed to be filed “administratively”. This means the city council would not necessarily be aware that projects have been completed. While staff call this “streamlining”, we would call it an improper delegation of authority by the city council who should be kept apprised of the status of all projects involving city funds. We recommend the city council pull this item for discussion and vote.
Other than these items, it should be a pretty easy meeting for the city council. That will give the three amigos more time at their favorite watering hole after the meeting.
Conference with Legal Council – Two each, exposure to and initiation of litigation.
Public Employment- Performance Evaluations of the City Manager and the City Attorney.
Liability Claims- Consideration of claims of Carlos Cortez and Gresel Montes.
Conference with Real Property Negotiators- 3 items, all on the MCAS property.
Specific Pan Amendment – 2012-02 MCAS Tustin Specific Plan – The 9th or so amendment to make what appears to be minor changes in language and items of the plan for clarification.
Adopt Resolution Ordering Preparation of Engineer’s Report- Tustin Landscape and Lighting District levy of annual assessments for FY2013-2014 – Tustin Ranch.
Adopt Resolution Authorizing Director of Public Works or City Engineer- to accept capital improvement projects and complete and file Notices of Completion.
Terminate Contract for Annual Catch Basin Insert Cleaning- The contracted company has given a notice they have gone out of business. This is an interim measure until a new RFP can be advertised.
Office Lease Extension- Successor Agency offices located at 245 Centennial Way. Perhaps we should look at eliminating an unnecessary expense and bringing these staff back to city hall.
Urban Area Security Initiative Grant- A portion of $3.6 million dollars is available for response to acts of terrorism. This is the annual re-authorization of the Chief of Police as the official representative for the UASI Grant.