City Council Agenda - 04/03/06

MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees

 April 3, 2006, at 5:00 P.M.

 City Hall, 200 Civic Center, Mission Viejo, California, 92691
City Council Chamber

CALL TO ORDER—CITY COUNCIL, COMMUNITY DEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY, PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF TRUSTEES

Roll Call:
Council/Agency Member Kelley
Council/Agency Member Ledesma
Council/Agency Member Reavis
Mayor Pro Tempore/Vice Chair Ury
Mayor/Chair MacLean

Invocation, Pledge of Allegiance, Musical Presentation, Presentations, Public Comments, and Public Hearings will be held at 6:00 p.m. or as soon as possible thereafter.

CLOSED SESSION

CS1. Labor Negotiations—The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957.6. The Parties to the Negotiations Are the City and City’s Unrepresented Employees. The City’s Negotiator Is Dennis Wilberg.

CS2. Conference with the City’s Real Property Negotiator and Attorney (City Manager Dennis Wilberg and City Attorney William P. Curley III) Pursuant to Government Code Section 54956.8 Concerning Real Property Located at 27341 Trabuco Circle Known as the Saddleback Valley YMCA in the City of Mission Viejo. The Negotiating Parties Are the YMCA and the City of Mission Viejo. Under Negotiation Will Be the Price and Terms of Payment for the Property Interest and/or Leasehold Interest to Be Conveyed.

REPORT OF CLOSED SESSION

INVOCATION:  Council/Agency Member Ledesma 

PLEDGE OF ALLEGIANCE: Council/Agency Member Reavis

MUSICAL PRESENTATION: “The Mission Men” from Mission Viejo High School

PRESENTATIONS

P1. Recognize Mission Viejo’s Community Recycling Program Award Winner (0410-80)

Recommended Action: Present award.     

PUBLIC COMMENTS

(Request-to-speak forms must be turned in before the Mayor announces this agenda item. Each speaker may be allotted three minutes. This portion of the agenda is limited to thirty minutes. Any remaining public comments will be heard at the end of the meeting.)

CONSENT CALENDAR

1. Waive Reading of Ordinances and Resolutions

Recommended Action: Approve the reading by title of all ordinances and resolutions and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. City Council Minutes (0410-60)

Recommended Action: (1) Approve the Open Session Minutes for the Regular Meeting of March 20, 2006, as presented or amended; and (2) approve the Closed Session Minutes for the Regular Meeting of March 20, 2006, as presented or amended.

3. Number not used.

4. Destruction of Records—City Wide Contracts (0170-50)

Recommended Action: Adopt Resolution 06-XX Authorizing and Directing the City Clerk to Destroy Certain City Records and Documents Pursuant to the Government Code of the State of California.

5. Destruction of Records—City Wide 2005 Annual Records Purge (0170-50)

Recommended Action: Adopt Resolution 06-XX Authorizing and Directing the City Clerk to Destroy Certain City Records and Documents Pursuant to the Government Code of the State of California.

6. Check Register Dated March 10, 2006, in the Amount of $800,012.88 (0300-30)

Recommended Action: Ratify the accompanying check register.

7. Check Register Dated March 17, 2006, in the Amount of $650,606.77 (0300-30)

Recommended Action: Ratify the accompanying check register.

8. Communication From the City’s Independent Auditor for the Fiscal Year Ended June 30, 2005 (0310-10)

Recommended Action: Receive and file the report.

9. Draft Annual Action Plan for Fiscal Year 2006-2007 Detailing City’s Proposed Use of Community Development Block Grant Funds (CDBG) and Establishing CDBG Funding Priorities (0670-10)

Recommended Action: Adopt Resolution 06-XX Approving the City's Annual Action Plan for Fiscal Year 2006–2007 Detailing City’s Proposed Use of Community Development Block Grant Funds and Authorizing Submission of Such Plans to the U.S. Department of Housing and Urban Development.

10. Revisions to the City’s Purchasing Ordinance (0370-90)

Recommended Action: Adopt Ordinance 06-240 Amending Section 3.12.090, Purchase Orders; Section 3.12.110, Inspections and Testing: Section 3.12.150, Published Notice for Formal Bids; Section 3.12.180, Bidder’s Security; Section 3.12.220, Award of Formal Bid Contracts; Section 3.12.240, No Formal Bids; Section 3.12.290, Exceptions to Competitive Bidding Requirement; Section 3.12.295, Authority of City Manager to Enter into Contracts; Section 3.12.320, Surplus Supplies; Trade-ins; Section 3.12.330, Surplus Supplies; Sale; Section 3.12.340, Surplus Supplies and Equipment; Donation; Section 3.12.350, Surplus Supplies and Equipment, Scrap; Section 3.13.010, Bidding Requirements for Construction on Public Works Projects; of the Mission Viejo Municipal Code.

11. Annual Routine Maintenance Program for Removal and Replacement of Asphalt Pavement and Related Services (0400-10)

Recommended Action: Approve the Fifth Amendment to the contract with Hardy & Harper, Inc., to increase the contract in an amount not to exceed $120,000.00.

12. Annual Routine Maintenance Program for Removal and Replacement of Concrete Sidewalks, Curb & Gutter, Driveway Approaches, and Cross-Gutters (0400-10)

Recommended Action: (1) Approve the Fifth Amendment to the existing contract with S. Parker Engineering to increase the contract in an amount not to exceed $50,000 and (2) adopt Resolution 06-XX Amending the Fiscal Year 2005-2006 Budget By Transferring $10,000 of Gas Tax Appropriations From the Sidewalk Repair Program Capital Improvement Project (CIP 836) to the Street Maintenance Program.

13. Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10)

Recommended Action: Approve Change Order No. 3 to Robert R. Coffee Architect and Associates in the amount of $139,600 for the additional design costs of the Norman P. Murray Center Expansion for grading the entire site, reconstruction of one soccer field, and related site improvements.

14. Annual Routine Landscape Maintenance—Contract Area 1 (0400-10)

Recommended Action: Approve the First Amendment to the contract with Vandergeest Landscape Care to increase the contract in an amount not to exceed $220,000.00.

15. Annual Routine Tree Trimming Contract (0400-10)

Recommended Action: Approve the Ninth Amendment to the contract with West Coast Arborists, Inc., to increase the contract in an amount not to exceed $20,000.00.

16. Ferrocarril Landslide Emergency Stabilization—Notice of Completion (0400-10)

Recommended Action: (1) Certify the completion of the subject project; (2) authorize the City Manager to sign the Notice of Completion; (3) authorize the City Clerk to record the Notice of Completion with the County of Orange; and (4) authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion.

17. Los Alisos Boulevard/Marguerite Parkway Resurfacing Project (CIP 837) (0820-15)

Recommended Action: (1) Approve the contract documents and authorize staff to execute them and (2) authorize staff to advertise for construction bids for the subject project.

18. Fiscal Year 2005–2006 Residential Asphalt Repair and Asphalt Overlay Project (CIP 828) (0820-15)

Recommended Action: (1) Approve the contract documents and authorize staff to execute them; and (2) authorize staff to advertise for construction bids for the subject project.

19. CAL-Card Procurement Program (0370-80)

Recommended Action: Provide preliminary approval for staff to proceed with the implementation of the CAL-Card Program on a limited, six-month pilot basis.

20. Affirm the Annual Exemption to MVMC Sec.11.21.030 for the Cultural Arts Committee’s Annual Art Auction and Approve the Change of Venue from Norman P. Murray Community and Senior Center to the Saddleback Room (0710-10)

Recommended Action: Affirm the annual exemption to Sec.11.21.030, “Consumption of alcoholic beverages in public prohibited,” of the City of Mission Viejo Municipal Code, for the Cultural Arts Committee’s Art Auction and approve the change of venue to be held each year in the Saddleback Room during the month of May.

21. Intelligent Transportation Systems Integration Services (CIP 775), Federal Project No. ITS 00-5451 (14) (0400-10)

Recommended Action: Approve Change Order 3 to Purchase Order 050182 to Iteris, Inc., for the above-referenced project for implementation of Tasks 2.2: Video Detection System Integration; Task 3.2: Caltrans Intertie; and Task 8: Traffic Signal System Integration with TMC in the amount of $149,825.00 and extend contract end date to December 31, 2006.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

OLD BUSINESS

22. Franchise Audits (0310-30)

Recommended Action: As Directed by Council.

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

23. Orange County Fire Authority (OCFA) Report (0410-40)

Recommended Action: Receive the report.

24. Foothill/Eastern Transportation Corridor Agency Report (0410-40)

Recommended Action: Receive the report.

25. San Joaquin Hills Transportation Corridor Agency Report (0410-40)

Recommended Action: Receive the report.

26. Measure M Reauthorization Super Committee (0410-40)

Recommended Action: Receive the report.

27. Vector Control Board Report (0410-40)

Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS

28. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70)

Recommended Action: Receive reports.

Council/Agency Member Kelley

29. Independent Audit of CUSD’s Expenditures of Mission Viejo Mello-Roos, Measure A, and RDA Funds (0310-20)

Recommended Action: Obtain bids for independent audit to account for the receipt and expenditures of Mission Viejo Mello-Roos, Measure A, and RDA Funds. Submit Letter to CUSD requiring that Mission Viejo Schools receive appropriate funding, based upon Mello-Roos and Measure A Funds received from Mission Viejo.

30. Town Hall Meeting (0410-54)

Recommended Action: Set a date for a Town Hall Meeting for May 8, or May 22, 2006.

31. Crossing Guard at La Paz and Mosquero (0270-10)

Recommended Action: Direct staff to study the La Paz and Mosquero Intersection and initiate the process for providing a crossing guard.

Council/Agency Member Ledesma

32. (0310-20)

Recommended Action: (1) Formally demand that the CUSD trustees bring Newhart Middle School and all other CUSD schools in Mission Viejo up to a level of cleanliness and repair that would reasonably be considered adequate; (2) Demand that CUSD explains why it has chosen to bus in children from a neighboring city to add to the most overcrowded middle school in the district; (3) Direct staff to obtain bids from accounting firms that are capable of completely auditing the CDA pass-through funds, Mello-Roos and Measure A funds received by CUSD from Mission Viejo and to obtain an explanation of how and where these funds were used; and (4) Direct staff to include in the next City Outlook a report regarding the funding of how CUSD is funded; specifically: Mello-Roos district 87-1, the pass-through tax increment from our redevelopment agency and Measure A and how this money has been allocated to Mission Viejo and other cities.

Council/Agency Member Reavis

33. Audit of CUSD Redevelopment Pass Through Funds, and CUSD Facility Improvement Funds Spent on Schools in the City of Mission Viejo (0310-20)

Recommended Action: Authorize a full audit of the pass through funds for CUSD. Authorize an audit of funds spent by CUSD to improve schools in Mission Viejo.

Mayor Pro Tempore/Vice Chair Ury

34. Sunrise Park (0730-90)

Recommended Action: Send concept of Sunrise Park to the Community Services Commission with a goal of reporting back feasibility to the City within six months

Mayor/Chair MacLean

ADJOURNMENT TO APRIL 17, 2006, AT 5:00 P.M.

NOTE: At the hour of 9:30 p.m., the City Council will review the remaining agenda items and make a decision regarding the items to be considered before the 11:00 p.m. adjournment and the items to be continued to the next meeting.