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Home My WebLink About00 C.C. AGENDA 05-05-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember MAY 5, 2009 _ _' COUNCIL CHAMBER _ 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 #2210 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. EXISTING LITIGATION [Govt. Code 54856.9(a)] - 2 Cases 1. City of Tustin v. AAE Pacific Park Associates, LLC, et al., Case No. 030001932, Orange County Superior Court 2. City of Newport Beach and City of Tustin v. City of Irvine et al., Case No. 30- 2008-00228855-CU-WM-CXC, Orange County Superior Court B. EXPOSURE TO LITIGATION [Govt. Code 54856.9(b)] - 2 Cases C. INITIATION OF LITIGATION [Govt. Code 54856.9(c)] - 2 Cases NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. REGULAR CITY COUNCIL MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2210 INVOCATION - Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Gavello ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATIONS • Certificates of Recognition presented by Mayor Davert to youth contest winners from Art Smart Studio & Gallery, Inc. • Proclamations presented by Mayor Davert to Vern Glaser and Kimberly Powell Albarian, outgoing Community Services Commissioners for their invaluable service on the Commission • Presentation by the Orange County Transportation Authority on their newly re-designed and interactive website 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. City Council Meeting May 5, 2009 Agenda Page 2 of 6 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 1 through 8) 1. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 17, 2009 AND APRIL 21, 2009 Recommendation: Approve the Minutes of the Regular City Council Meetings held on March 17, 2009 and April 21, 2009. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $481,654.56 and $637,204.78; and Payroll in the amount of $694,733.75. 3. PLANNING ACTION AGENDA -APRIL 28, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 4. QUARTERLY INVESTMENT REPORT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 5. DECLARATION OF SURPLUS EQUIPMENT Declare City equipment as detailed in agenda report as surplus in accordance with Section 1626a (2) of the Tustin City Code and authorize their sale at public auction. Recommendations: City Council Meeting May 5, 2009 Agenda Page 3 of 6 5.a. Declare, in accordance with the Tustin City Code -Section 1626a (2), the itemized list of equipment as surplus and not required for public use; and 5.b. Authorize the Public Works Department to sell the various equipment at the next available public auction. 6. APPROVAL OF AGREEMENT NO. D09-035 WITH THE COUNTY OF ORANGE FOR THE PROPOSITION 42 CITY AID PROGRAM FOR FISCAL YEAR 2009/10 Approval of Agreement No. D09-035 will allow the City of Tustin to share in the County of Orange's Proposition 42 allocation under their City Aid Program (CAP) for roadway maintenance projects. The County of Orange has approved $7 million to share with Orange County cities on a pro-rata basis based on population. The City of Tustin's share is $173,220. Recommendation: Approve Agreement No. D09-035 with the County of Orange for the Proposition 42 City Aid Program, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 7. AWARD OF CONTRACT FOR CARPET PURCHASING, REMOVAL AND INSTALLATION AT TUSTIN AREA SENIOR CENTER (TASC) (CIP NO. 1032) UTILIZING THE CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) BID PROCESS Approval of Resolution No. 09-21 will authorize the award of a contract to Shaw Industries, Inc., dba Shaw Strategic Solutions Group for carpet purchasing, removal and installation at Tustin Area Senior Center (TASC) (CIP 1032) using the California Multiple Award Schedule (CMAS) bid process under the General Services Department of the State of California. Recommendation: Approve resolution. RESOLUTION NO. 09-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE AWARD OF CONTRACT TO SHAW INDUSTRIES, INC., DBA SHAW STRATEGIC SOLUTIONS, USING THE CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) BID PROCESS UNDER THE GENERAL SERVICES DEPARTMENT OF THE STATE OF CALIFORNIA 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE EQUIPPING/CONSTRUCTION PHASE OF THE PASADENA AVENUE WELL PROJECT (CIP NO. 6130) City Council Meeting May 5, 2009 Agenda Page 4 of 6 The Equipping/Construction Phase of the Pasadena Avenue Well Project (CIP No. 6130) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendations: 8.a. Adopt resolution; and RESOLUTION NO. 09-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE EQUIPPING/CONSTRUCTION OF THE PASADENA AVENUE WELL PROJECT (CIP 6130) 8.b. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9 thru 11) 9. TUSTIN AVENUE WELL SITE PROJECT - MITIGATED NEGATIVE DECLARATION AND CONCEPTUAL DESIGN PLANS The Tustin Avenue Well Site Project is a City of Tustin Water Services Division project that involves the demolition of an existing water well facility and the construction of a replacement water well facility housed in a 2,025 square foot structure, with an enclosed paved service yard, and surrounded by landscaped grounds. The project site is located at 1822 N. Tustin Avenue in the City of Santa Ana. The proposed project would pump water from the existing groundwater supply as required to satisfy domestic water demands for Tustin's service area. Recommendation: Adopt resolution. RESOLUTION N0.09-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE TUSTIN AVENUE WELL SITE PROJECT INCLUDING: ADOPTION OF THE FINAL MITIGATED NEGATIVE DECLARATION AS ADEQUATE FOR THE TUSTIN AVENUE WELL SITE PROJECT; ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND, APPROVAL OF THE CONCEPTUAL DESIGN PLANS City Council Meeting May 5, 2009 Agenda Page 5 of 6 10. SET DATE FOR BUDGET WORKSHOP The draft budget will be distributed to the City Council prior to the workshop. Recommendation: Set a date for the draft fiscal year 2009-10 budget workshop. 11. LEGISLATIVE REPORTS Council may also request that staff prepare additional reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. Recommendation: The City Council at this time may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday, May 19, 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. City Council Meeting May 5, 2009 Agenda Page 6 of 6