City Council Agenda - 10/16/06

MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees

 October 16, 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. Public Employee Performance Evaluation of the Incumbent for the Position of City Clerk Pursuant to Government Code Sections 54957 and 54957.6.

CS2. 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.

CS3. Conference with Legal Counsel—Anticipated Litigation. Potential Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. One Case Under Consideration.

REPORT OF CLOSED SESSION

INVOCATION:  Mayor/Chair MacLean    

PLEDGE OF ALLEGIANCE: Council/Agency Member Kelley

MUSICAL PRESENTATION: Tuly Huntington

PRESENTATIONS 

P1. Proclaim October 23 through October 31, 2006, to be Red Ribbon Week (0410-80)

Recommended Action: Present proclamation.

P2. Recognize the Deales Family for their volunteer service at the Mission Viejo Library during the 2006 Summer Reading Program (0410-80)

Recommended Action: Present Certificate of Commendation

P3. Recognize the Mission Viejo Girls Softball (10 and under) Team for Earning Second Place in the District Tournament and for Qualifying to Compete in the State Championship Tournament

Recommended Action: Present certificate of commendations.

P4. Recognize the Mission Viejo Girls Softball (14 and under) Team for Earning Second Place in the District Tournament and for Qualifying to Compete in the State Championship Tournament

Recommended Action: Present certificate of commendations.

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: Approve the Open Session Minutes for the Regular Meeting of October 2, 2006, as presented or amended.

3. Summary of Fiscal Year 2006–2007 Budget Amendments to Date (0330-30)

Recommended Action: Receive and file the report. 

4. Check Register Dated September 22, 2006, in the Amount of $2,164,192.62 (0300-30)

Recommended Action: Ratify the accompanying check register.

5.Check Register Dated September 29, 2006, in the Amount of $1,693,974.20 (0300-30)

Recommended Action: Ratify the accompanying check register.

6.City Treasurer’s Monthly Report for August 2006 (0320-80)

Recommended Action: Receive and file the report.

7.Community Development Agency (CDA) Treasurer’s Report for August 2006 (0320-80)

Recommended Action: Receive and file the report.

8.Community Development Financing Authority (CDFA) Treasurer’s Report for August 2006 (0320-80)

Recommended Action: Receive and file the report.

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

Recommended Action: Approve the Sixth Amendment to the contract with S. Parker Engineering, Inc., to increase the contract in an amount not to exceed $190,000.

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

Recommended Action: Approve the Third Amendment to the contract with Bens Asphalt and Seal Coating to increase the contract in an amount not to exceed $48,000.

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

Recommended Action: Approve the Sixth Amendment to the contract with Hardy & Harper, Inc., to increase the contract in an amount not to exceed $72,000.

12.Notice of Completion - Cat Isolation and Rabbit Hut Buildings (0400-10)

Recommended Action: (1) Certify the completion of and accept the improvements for 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 to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with or by the City; and (4) authorize the payment of the final retention 35 days after the date of recordation of the Notice of Completion.

13.Sierra Recreation Center Renovation (CIP 984) -- Pool Area Rehabilitation (0400-10)

Recommended Action: (1) Award a contract to California Commercial Pools for the rehabilitation of the pool area at the Sierra Recreation Center in an amount not to exceed $597,486.00; (2) award a contract to Freiss Construction, Inc for the daily project management of the Sierra Recreation Center Pool Area Rehabilitation in an amount not to exceed $27,600.00; (3) adopt Resolution 06-XX Amending the Fiscal Year 2006-2007 Budget to Increase Funding for the Sierra Recreation Center Renovation Capital Improvement Project (CIP 984) in the amount of $288,000.00; and (4) grant the City Manager change order authority for the California Commercial Pools contract in the cumulative amount of $20,000.

 14.Marguerite Recreation Center Renovation (CIP 992)—Pool Area Rehabilitation (0400-10)

Recommended Action: (1) Award a contract to California Commercial Pools for the rehabilitation of the pool area at the Marguerite Recreation Center in an amount not to exceed $965,600.00; (2) award a contract to Freiss Construction, Inc. for the daily project management of the Marguerite Recreation Center Pool Area Rehabilitation in an amount not to exceed $34,100.00; (3) adopt Resolution 06-XX Amending the Fiscal Year 2006-2007 Budget to Increase Funding for the Marguerite Recreation Center (YMCA) Renovation Capital Improvement Project (CIP 992) in the amount of $60,000.00; and (4) grant the City Manager change order authority for the California Commercial Pools contract in the cumulative amount of $25,983.40.

15.2007 Playground Renovations (CIP 303)—Oso Viejo Community Center Park (0400-10)

Recommended Action: Authorize staff to issue a purchase order to RJM Design Group, Inc., in an amount not to exceed $35,950 for the design of CIP 303 Playground Renovations at Oso Viejo Community Center Park.

16.Melinda Park Restroom (CIP 308) (0730-30)

Recommended Action: 1) Approve the bid specifications for Melinda Park Restroom and authorize staff to execute them; and (2) authorize staff to advertise for bids for the Melinda Park Restroom.

17.Fiscal Year 2005–2006 Residential Asphalt Repair and Overlay Project (CIP 838) (0400-10)

Recommended Action: (1) Certify the completion of and accept the improvements for 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 to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion.

18.Santa Margarita Parkway Pavement Rehabilitation (CIP 787) (0400-10)

Recommended Action: (1) Certify the completion of and accept the improvements for 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 to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion.

19.Los Alisos Boulevard/Marguerite Parkway Pavement Resurfacing (CIP 837) (0400-10)

Recommended Action: (1) Certify the completion of and accept the improvements for 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 to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion.

20.Master Agreement for Federal-Aid Projects (0400-10)

Recommended Action: Approve the revised Master Agreement 12-5451R for Federal-Aid Projects between the City of Mission Viejo and the State of California.

21.Second Amendment to City Clerk Employment Agreement (0400-10)

Recommended Action: Approve the Second Amendment to the City Clerk Employment Agreement.

22.Parking Restrictions on Trabuco Road (0870-20)

Recommended Action: Adopt Resolution 06-XX Establishing Parking Restrictions on Trabuco Road.

23.Parking Restrictions on Camino Adelanto and Calle Estilo (0870-20)

Recommended Action: Adopt Resolution 06-XX Establishing Parking Restrictions on Camino Adelanto and Calle Estilo.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

24.Appeal of Minor Modification MM2006-125 submitted by Justin Zier of Leisure Corporation, agent for Nine Star, Inc., of the Planning and Transportation Commission’s August 28, 2006 denial of a petition submitted by Leisure Corporation to permit a 500 SF skateboard and bike demonstration area at the exterior of Nine Star action sport retail business located at Kaleidoscope, 27741 Crown Valley Parkway, in the CH (Commercial Highway) zone. The Nine Star proposal also includes an additional 500 sq. ft. demonstration area located in the interior of the store (0610-10)

Recommended Action: Adopt Resolution 06-XX Denying the Appeal Filed by Justin Zier of Leisure Corporation, Agent for Nine Star, Inc., and Thereby Denying Minor Modification MM2006-125.

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

Recommended Action: Receive the report.

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

Recommended Action: Receive the report.

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

Recommended Action: Receive the report.

28.Vector Control Board Report (0410-40)

Recommended Action: Receive the report.

29.Senior Transportation Ad Hoc Committee (0410-40)

Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS

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

Recommended Action: Receive reports.

Council/Agency Member Kelley

31.Emergency Communications System (0220-50)

Recommended Action: Direct staff to prepare a report identifying existing and future emergency communications systems, including the feasibility of integrating an Instant and Mobile Communications System to enhance our current emergency response communications.

Council/Agency Member Ledesma

Council/Agency Member Reavis

Mayor Pro Tempore/Vice Chair Ury

Mayor/Chair MacLean

ADJOURNMENT TO NOVEMBER 6, 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.