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Home My WebLink About00 CC AGENDA 03-03-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember MARCH 3, 2009 ' COUNCIL CHAMBER Y 300 CENTENNIAL WAY, TUSTIN .., William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~~ _ ~-~ CALL TO ORDER -Meeting #2206 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: A. Exposure to Litigation [Government Code Section 54856.9(b)] -Two Cases B. Initiation of Litigation [Government Code Section 54856.9(c)] -Two Cases C. Property Negotiations Terms and Conditions of Purchase [Government Code Section 54956.8] -One Case Property. Property identified as the Pacific Center East/Former AAE site as legally described in the RFP issued by the Agency, a copy of which is on file with the City Clerk's office Negotiators: City of Tustin - Christine Shingleton, Assistant City Manager; and Opus West -Jeff Hill D. Existing Litigation [Government Code Section 54856.9(a)] -Three cases o Marble Mountain Partners, LLC v. City of Tustin et al., Case No. 30-2008- 00116681 City Council Meeting March 3, 2009 Agenda Page 1 of 5 o Larry Smith, Old Town Inc. v. City of Tustin: Petition for Writ of Mandate o Janice M. Ohman, Claim Nos. 08-15, 07-19, and 03-14 REGULAR CITY COUNCIL MEETING 7:00 P.M. ~¢ ~~ CALL TO ORDER -Meeting #2206 INVOCATION - Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (City Council Agenda Item 1) 1. PUBLIC HEARING: PARKING FINE INCREASE Pursuant to Senate Bills 425 (2007) and 1407 (2008), the State of California has imposed "Courthouse Construction Surcharges" on all parking citations. Effective January 1, 2009, the surcharge is $4.50 per citation paid. Notice of Public Hearing published in the Tustin News on February 19 and 26, 2009. Recommendations: 1.a. Open and Close a Public Hearing; and 1.b. Approve an increase of $5.00 per violation on all Tustin City Code parking violations as a State Pass-Through Fee effective immediately. City Council Meeting March 3, 2009 Agenda Page 2 of 5 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. If the item you wish to speak on is a public hearing, you may wish to wait until the Council considers that item. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 2 through 9) 2. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF FEBRUARY 17, 2009 Recommendation: Approve the Minutes of Special and Regular City Council Meetings held on February 17, 2009. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $784,848.87 and $668,092.11; and Payroll in the amount of $705,037.56. 4. PLANNING ACTION AGENDA -FEBRUARY 24, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 5. DESTRUCTION OF RECORDS-TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 34090 and Resolution No. 01-91 permits destruction of records, which meet certain criteria with the approval of the City Council by resolution and the written consent of the City Attorney. Recommendation: Adopt resolution. RESOLUTION NO. 09-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN City Council Meeting March 3, 2009 Agenda Page 3 of 5 THE POSSESSION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 6. 7. 8. MCAS TUSTIN MITIGATION MONITORING AND REPORTING PROGRAM Since the disposal and reuse of MCAS Tustin is a long-term program where mitigation measures may be applicable at individual development project level, overall program level, construction level, or operational level; a regular review of the progress of the program through an annual report is required to coordinate implementation of the MMRP. Recommendation: Receive and file this report. DECLARATION OF SURPLUS EQUIPMENT - PUBLIC WORKS DEPARTMENT Recommendation: Declare the equipment detailed in the report as surplus and not required for public use, in accordance with the Tustin City Code, Section 1626 and authorize the Public Works Department to sell the equipment at public auction. AUTHORIZATION FOR THE STATE TO PURCHASE ONE RIDING LAWNMOWER Approval of Resolution No. 09-09 will authorize the General Services Department of the State of California to purchase one current model year John Deere riding lawnmower on behalf of the City of Tustin. Recommendation: Adopt resolution RESOLUTION NO. 09-09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS 9. AUTHORIZATION TO REPAIR PROSPECT WELL Authorize staff to proceed with the repair of Prospect Well. The well has experienced a mechanical failure rendering it inoperable. Upon inspection, it has been determined that both the well pump and motor require full rehabilitation or replacement. It is crucial that the well be repaired and City Council Meeting March 3, 2009 Agenda Page 4 of 5 returned to service as soon as possible. Recommendation: Authorize the Director of Public Works/City Engineer to retain General Pump Company, in the amount, not-to-exceed $84,000, to repair Prospect Well. The total amount includes a 5% construction/reinstallation contingency. REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Item 10) 10. LEGISLATIVE REPORTS – MISCELLANEOUS Council may request that staff prepare informational reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. Recommendation: Pleasure of the City Council. OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next meeting of the City Council is scheduled for Tuesday, March 17, 2009 at 5:30 p.m. for the Closed Session Meeting, followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. Adjourn in Memory of Marilyn Jacobs and Brenda B. Ross, Ed.D City Council Meeting March 3, 2009 Agenda Page 5 of 5