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On The City Council Agenda, February 19, 2013

Hidden Agenda ClipartThere’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 ofDavid Kendig 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.

Closed Session

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.

Public Hearings

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.

Consent Calendar

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.

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