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MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
June 18, 2007, 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
*Note: All Board and Agency memberships are reflected in the title “Council Member.”
Roll Call: Council Member Kelley
Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma
Mayor Reavis
Pledge of Allegiance: Mayor Reavis
Invocation: Council Member Kelley
Presentations, Public Hearings, and General Business will be held at 6:00 p.m. or as soon as possible thereafter.
CLOSED SESSION
CS1. Conference with City Attorney Concerning One Matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Jose Guadalupe Gomez Mejia; Orange County Community Housing Corporation; Public Law Center v. City of Mission Viejo; Case Status Update
CS2. Pursuant to Government Code Section 54956.9(a) Pending Litigation (litigation to which local agency is a party and has been initiated formally) and Section 54956.8 (Conference with Real Property Negotiator). Litigation: Confer with City Attorney and Special Counsel regarding pending litigation, Mejia v. City of Mission Viejo, et al, pending in Orange County Superior Court (OCSC), Case No. 06CC05478 filed April 26, 2006. Property: An approximate 10.5-acre parcel of real property identified as Assessor Parcel No. 809-541-11, Parcel Map No. 81-159 generally situated easterly of the intersection of Jeronimo Road and Los Alisos Boulevard in the City of Mission Viejo co-owned by The Steadfast Companies (with Target Corporation). CDA Negotiator's: Dennis Wilberg, City Manager/CDA Executive Director; Charles Wilson, Director of Community Development; James Williams, Economic Advisor; Celeste Brady, CDA Counsel; and William Curley, III, Esq., City Attorney. Negotiating Parties: CDA Negotiators on behalf of Community Development Agency of the City of Mission Viejo; and Ralph Deppisch, The Steadfast Companies. Under Negotiation: Potential acquisition and/or disposition of real property interests for long-term affordable ownership housing and the price and terms of payment therefore related to the above-listed Property. Factors Affecting Price and Terms under Negotiation: (1) Recorded covenants, (2) Scope of development of Property, and (3) Affordable housing requirements. Factors affecting time of payment: (1) Conditions to closing, (2) Due diligence period, and (3) Schedule of Development and Development of
Affordable Housing.
CS3. Conference with the City’s Real Property Negotiator and Attorney (City Manager Dennis Wilberg and City Attorney Peter Thorson) 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
CS4. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6.
REPORT OF CLOSED SESSION
PRESENTATIONS
P1. Recognize the Three Finalists for the Community of Character Middle School Essay Contest (0410-80)
Recommended Action: Present awards.
P2. Recognize Waste Management for their $4,555.80 Donation to the Friends of the Mission Viejo Library (0410-80)
Recommended Action: Accept donation and present certificate of appreciation.
P3. Renewed Measure M: The Next 5-Years (0410-80)
Recommended Action: Receive presentation given by Paul Glaab, OCTA Board Member and Laguna Niguel Mayor Pro Tem.
PUBLIC COMMENTS
(Request-to-speak forms must be turned in before the Mayor announces this agenda item. Each speaker may be allotted three minutes.
CONSENT CALENDAR
1. Waive Reading of Ordinances and Resolutions
Approved 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)
Approve the Open Session Minutes for the Regular Meeting of June 4, 2007, as presented or as amended.
3. Number not used.
4. Check Register Dated May 25, 2007, in the Amount of $941,299.60 (0300-30)
Recommended Action: Ratify the accompanying check register.
5. Check Register Dated June 1, 2007, in the Amount of $218,508.90 (0300-30)
Recommended Action: Ratify the accompanying check register.
6. City Treasurer’s Monthly Report for April 2007 (0320-80)
Recommended Action: Receive and file the report.
7. Community Development Agency (CDA) Treasurer’s Report for April 2007 (0320-80)
Recommended Action: Receive and file the report.
8. Community Development Financing Authority (CDFA) Treasurer’s Report for April 2007 (0320-80)
Recommended Action: Receive and file the report.
9. Authorization for Continuing Appropriations and Preliminary Fiscal year 2006–2007 Carryovers
Recommended Action: (1) Adopt Resolution 07-XX To Authorize Appropriations Commencing July 1, 2007, Based on Prior Year Spending Levels, Until Such Time as the 2007–2009 Budget is Adopted and (2) Adopt Resolution 07-XX Authorizing, on an Interim Basis, the Carryover of Fiscal Year 2006–2007 Year-End Encumbrances and Periodic Adjustments for the Fiscal Year 2007–2008 Budget to Reflect Encumbered Fiscal Year 2006–2007 Balances until Fiscal Year 2006–2007 Spending is Closed.
10. Independent Review of City Internal Controls
Recommended Action: Approve a First Amendment to the contract with Diehl, Evans & Company, L.L.P. to perform an independent review of internal controls/risk assessment study of City operations for an amount not to exceed $32,500.
11. Mission Viejo Community Facilities District No. 92-1—Annual Special Tax for Fiscal Year 2007–2008
Recommended Action: Adopt Resolution 07-XX Establishing an Annual Special Tax for Fiscal year 2007–2008 for Community Facilities District No. 92-1 (Mission Viejo Freeway Center).
12. Community Development Agency Loan -- For Agency Operations
Recommended Action: (1) Adopt CDA Resolution 07-XX Requesting a Loan From the City of Mission Viejo in the Amount of $200,000; (2) adopt Resolution 07-XX Authorizing a Loan to the Community Development Agency; (3) adopt CDA Resolution 07-XX Accepting a Loan From the City of Mission Viejo and Executing the Loan Agreement Between the City of Mission Viejo and the Community Development Agency.
13. Destruction of Records—Citywide 2006 Annual Records Purge (0170-50)
Recommended Action: Adopt Resolution 07-XX Authorizing and Directing the City Clerk to Destroy Certain City Records and Documents Pursuant to the Government Code of the State of California.
14. Economic Development Strategy and Consulting Services (0400-10)
Recommended Action: Approve the professional services agreement with Economics Research Associates for an economic development strategy and consulting services in an amount not to exceed $25,000.
15. Economic Development Consulting Services (0400-10)
Recommended Action: Approve Professional Services Agreement with the Graham Group for Economic Development Consulting Services in an amount not to exceed $32,000.
16. Fiscal Year 2007–2008 Law Enforcement Services Agreement and Additional Law Enforcement Services Provided by the Orange County Sheriff’s Department Delta Unit (0400-10)
Recommended Action: (1) Approve the Fiscal Year 2007-2008 Law Enforcement Services Agreement with the County of Orange in an amount not to exceed $12,799,938; and (2) authorize the City Manager to approve reimbursements related to Delta Unit services in an amount not to exceed
$65,000 for FY 2007-2008.
17. Purchase of Print Materials for the Mission Viejo Library (0400-10)
Recommended Action: Approve the First Amendment to the contract with Ingram Library Services for the purchase of print materials (books) in an amount not to exceed $50,000 per year pending approval of the 2007–2009 Budget by the City Council.
18. Mission Viejo Library Technical Services Outsourcing and Purchase of Library Materials (0400-10)
Recommended Action: Approve the First Amendment to the contract with Baker & Taylor, Inc., in an amount not to exceed $200,000 per year pending approval of the 2007–2009 Budget by the City Council.
19. Annual Maintenance Program for the Repair and Reconstruction of Streets, Drainage Channels, Storm Drains, Slopes, and Emergency Response; and License Agreement for Use of a Portion of City Facilities to Store Related Equipment (0400-10)
Recommended Action: (1) Approve First Amendment to the contract with L.T. Engineering for the period of July 1, 2007 through June 30, 2009 in an amount not to exceed $ 640,000.00; and (2) authorize staff to issue a purchase order to L T Engineering for the period of July 1, 2007 through June 30, 2008 in an amount not to exceed $320,000.00, pending approval of the 2007-09 budget by the City Council; and (3) approve license agreement with L T Engineering for the period of July 1, 2007 through June 30, 2009.
20. Annual Weed Abatement Program for parcels Under One Acre—Year 2007 Phase I (0240-50)
Recommended Action: (1) Adopt Resolution 07-XX Declaring That Certain Weeds, Rubbish, Refuse, and Dirt on Parcels Under One Acre Constitute Nuisances; Declaring the Intention of the City Council to Order the Abatement of Said Nuisances; and Fixing a Time and Place for Hearing
Protests; (2) instruct the Public Services Department to mail a Notice to Destroy Weeds in accordance with Section 39566 of the Government Code; and (3) instruct the City Clerk to set the Public Hearing for August 20, 2007
21. Purchase of Pool Chemicals for City Facilities (0400-10)
Recommended Action: (1) Approve First Amendment to the contract with Leslie’s Swimming Pool Supplies for the period of July 1, 2007 through June 30, 2009, in the amount of $ 226,000.00 and; (2) authorize issuance of a purchase order to Leslie’s Swimming Pool Supplies for the period of July 1,
2007 through June 30, 2008, in an amount not to exceed $ 113,000.00 pending adoption of the 2007-2009 budget by City Council.
22. Routine Janitorial and Related Services—City Hall, Library, and Various City Recreation, Tennis and Activity Centers (0400-10)
Recommended Action: Approve Third Amendment to the contract with Guarantee Cleaning Services, Inc. for a two-month period from July 1, 2007, to August 31, 2007, in the amount of $22,450.00.
23. Janitorial and Related Services—Mission Viejo Animal Shelter, Thomas R. Potoki Conference Center, and Corporate Yard Administration Building (0400-10)
Recommended Action: (1) Approve First Amendment to the contract with Come Land Maintenance Co, Inc for the period of July 1, 2007 through June 30, 2009, in the amount of $ 82,000.00 and; (2) authorize issuance of a purchase order to Come Land Maintenance Co, Inc for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $ 41,000.00 pending adoption of the 2007-2009 budget by City Council.
24. Tennis Court, Pool, and Equipment Maintenance Services and Repair of City Recreation, Tennis, and Aquatic Centers, and Various City Buildings and Facilities (0400-10)
Recommended Action: Approve Third Amendment to the contract with Utility Enterprises, Inc., for the period July 1, 2007, to August 31, 2007, in the amount of $26,520.00
25. Centralized Irrigation System Management (0400-10)
Recommended Action: Authorize staff to issue a purchase order to Design Team, McMaster & Jackson, Inc., in an amount not to exceed $53,772.00.
26. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 1 (0400-10)
Recommended Action: (1) Award contract to Nieves Landscape, Inc., for the period of July 1, 2007 through June 30, 2009, in the amount of $ 1,444.960; and (2) authorize issuance of a purchase order to Nieves Landscape, Inc for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $872,480.00 pending adoption of the 2007-2009 budget by City Council.
27. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 2 (0400-10)
Recommended Action: (1) Award contract to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2009, in the amount of $1,186,346.00 and (2) authorize issuance of a purchase order to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $593,173.00 pending adoption of the 2007-2009 budget by City Council.
28. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 3 (0400-10)
Recommended Action: (1) Award contract to Nieves Landscape, Inc for the period of July 1, 2007 through June 30, 2009, in the amount of $1,211,320.00; and (2) authorize issuance of a purchase order to Nieves Landscape, Inc for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $ 400,660.00 pending adoption of the 2007-2009 budget by City Council.
29. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 4 (0400-10)
Recommended Action: (1) Award contract to Nieves Landscape, Inc for the period of July 1, 2007 through June 30, 2009, in the amount of $765,330.00; and (2) authorize issuance of a purchase order to Nieves Landscape, Inc for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $382,665.00 pending adoption of the 2007-2009 budget by City Council.
30. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 5 (0400-10)
Recommended Action: (1) Award contract to Nieves Landscape, Inc for the period of July 1, 2007 through June 30, 2009, in the amount of $ 765,906.00; and (2) authorize issuance of a purchase order to Nieves Landscape, Inc for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $382,953.00 pending adoption of the 2007-2009 budget by City Council.
31. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 6 (0400-10)
Recommended Action: (1) Approve Fourth Amendment to the contract with Nieves Landscape, Inc for the period July 1, 2007 through June 2009, to increase the contract amount by an amount not to exceed $857,580.00; and (2) authorize staff to issue a purchase order to Nieves Landscape, Inc for the period July 1, 2007 through June 30, 2008, in an amount not to exceed $ 428,790.00 pending adoption of the 2007-2009 budget by City Council.
32. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 7 (0400-10)
Recommended Action: (1) Award contract to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2009, in the amount of $1,149,016.00; and (2) authorize issuance of a purchase order to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2008, in
an amount not to exceed $574,508.00 pending adoption of the 2007-2009 budget by City Council.
33. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 8 (0400-10)
Recommended Action: (1) Award contract to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2009, in the amount of $ 1,633,622.00 and (2) authorize issuance of a purchase order to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $ 876,811.00 pending adoption of the 2007-2009 budget by City Council.
34. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 9 (0400-10)
Recommended Action: (1) Award contract to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2009, in the amount of $ 971,350.00 and (2) authorize issuance of a purchase order to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $ 505,675.00 pending adoption of the 2007-2009 budget by City Council.
35. Annual Routine Monthly Landscape and Facility Maintenance—Contract Area 10 (0400-10)
Recommended Action: (1) Award contract to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2009, in the amount of $870,924.00 and (2) authorize issuance of a purchase order to Spectrum Care Landscape for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $435,462.00 pending adoption of the 2007-2009 budget by City Council.
36. Annual Routine Maintenance Program for Sidewalk Grinding and Gutter Drilling (0400-10)
Recommended Action: (1) Reject all bids for subject services and (2) direct staff to re-bid the project.
37. Playground, Parkland, and Facilities Safety Inspection Services (0400-10)
Recommended Action: Approve the Fourth Amendment to the contract with Jamey Clark, Inc., to increase the contract in an amount not to exceed $8,420.00.
38. Electronic Message Board Construction Contract (0400-10)
Recommended Action: Authorize staff to negotiate a contract with S. Parker Engineering for construction of the Electronic Message Board at the corner of La Paz and Marguerite Parkway.
39. 2007 Fourth of July Community Street Faire (0800-40)
Recommended Action: Approve the Special Events Permit submitted by the Mission Viejo Activities Committee authorizing the annual Mission Viejo Fourth of July Community Street Faire on Wednesday July 4, 2007.
40. 2007–2009 School Crossing Guard Services (0400-10)
Recommended Action: (1) Award the contract to All City Management Services, Inc., for the period of July 1, 2007, to June 30, 2009, in the amount of $675,504 pending approval of the 2007-2009 budget by the City Council, and (2) authorize issuance of a purchase order to All City Management Services, Inc., for the period of July 1, 2007, to June 30, 2008, in an amount not to exceed $337,752.
41. Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10) (0330-30)
Recommended Action: (1) Approve Change Order #6 to Douglas E. Barnhart, Inc. in the amount of $47,070 for additional construction costs for subject project; (2) approve Change Order #7 to Douglas E. Barnhart, Inc. in the amount of $6,548 for additional construction costs for subject project; and (3) approve Change Order #2 to PETRA Geotechnical, Inc. in the amount of $14,600 for additional geotechnical services for subject project.
42. Contract to Provide Youth Programs (0400-10)
Recommended Action: Approve the Third Amendment to the contract with the Saddleback Valley Unified School District Department of Recreation and Community Services to provide Youth Recreation Programs for Fiscal Year 2007–2008 in the amount of $615,000 and for Fiscal year 2008–2009 in the amount of $700,000.
43. Free Use of Public Facilities by Nonprofit Organizations (0410-90)
Recommended Action: Adopt Resolution 07-XX Amending City Policy 0700-4 for Free Use of Public Facilities by Nonprofit Organizations
PUBLIC HEARINGS
44. Appeal of Planned Development Permit PDP2006-171 filed by Jane Norine for Metro PCS / Royal Street Communications of the Planning and Transportation Commission’s May 14, 2007 denial of a petition submitted by Sandra Steele of PermitMe, agent for Royal Street Communications, to construct a wireless telecommunication facility on an existing Southern California Edison (SCE) tower at Florence Joyner Olympiad Park, 22761 Olympiad Road, in the City’s R (Recreation) Zone (0600-40)
Recommended Action: Provide direction to staff.
45. General Plan Amendment GPA2007-26- City-Initiated Petition to Modify the City’s Adopted General Plan Land Use Element and General Plan Housing Element for Four Sites Identified Hereafter as Sites A through D (0630-30)
Recommended Action: Adopt Resolution 07-XX Approving General Plan Amendment GPA2007-26 to Modify the City’s General Plan Land Use Element and Housing Element for Sites A-C (Attachment 1A).
OLD BUSINESS
NEW BUSINESS
46. Confirmation of Community Development Agency’s Lack of Authority in Regards to the Acquisition of Real Property by Eminent Domain (0480-20)
Recommended Action: Introduce Ordinance 07-XXX Confirming the Expiration and Describing the Community Development Agency of the City of Mission Viejo’s Power of Eminent Domain Thereby Describing the CDA’s Program and Lack of Power Regarding Acquisition of Real Property by Eminent Domain Pursuant to Senate Bill 53 and Section 33342.7 of the California Health and Safety Code.
ITEMS REMOVED FROM THE CONSENT CALENDAR
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
47. Mission Viejo/San Juan Capistrano Traffic Ad Hoc Committee (0410-40)
Recommended Action: Receive the report.
48. Review of Permit Parking for Students Attending Mission Viejo High School (0870-70)
Recommended Action: Authorize staff to conduct a trial student permit program in September 2007 that would permit a limited amount of students attending Mission Viejo High School (MVHS) to only utilize designated parking areas on streets where parking is currently managed by a residential permit program in the areas detailed in Exhibit A.
49. Orange County Fire Authority (OCFA) Report (0410-40)
Recommended Action: Receive the report.
50. Foothill/Eastern Transportation Corridor Agency Report (0410-40)
Recommended Action: Receive the report.
51. San Joaquin Hills Transportation Corridor Agency Report (0410-40)
Recommended Action: Receive the report.
52. Vector Control Board Report (0410-40)
Recommended Action: Receive the report.
STAFF REPORTS
City Manager’s Report
52A. Urban Land Institute Orange County District Council Technical Advisory Panel Final Report for the Mission Viejo Village Center Area Generally Located in Vicinity of the Intersection of Marguerite Parkway and La Paz Road.
Recommended Action: Receive update and confirm June 19, 2007, at 5:00 p.m. as the date and time for the presentation by the ULI Technical Advisory Panel.
City Attorney’s Report
COUNCIL MEMBER COMMENTS
53. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70)
Recommended Action: Receive reports.
Council Member Kelley
Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma
Mayor Reavis
ADJOURNMENT TO JUNE 19, 2007, AT 5:00 P.M. FOR A PRESENTATION BY
THE URBAN LAND INSTITUTE AND AT 6:00 P.M. FOR THE BUDGET
WORKSHOP.
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.
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