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MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
May 18, 2009, at 5:00 PM (Closed Session Business)
May 18, 2009, at 6:00 PM (General Business)
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 Ledesma
Council Member Schlicht
Mayor Pro Tem MacLean
Mayor Ury
PLEDGE OF ALLEGIANCE: Mayor Ury
INVOCATION: Council Member Schlicht
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 City Attorney Concerning One matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is City of Mission Viejo v. CUSD, Case No. 00180049; Companion Case, Rancho Santa Margarita v. CUSD, Case No. 00207543.
CS3. Conference with Legal Counsel—Initiation of Litigation. Pursuant to Subdivision (c) of Government Code Section 54956.9. Two Cases Under Consideration.
REPORT OF CLOSED SESSION
PRESENTATIONS
PUBLIC COMMENTS
Persons wishing to address the Council on City business that is not listed on the Agenda may do so at this time. "Public Comment" forms are available at the entrance to the Council Chamber. Each Speaker may be allotted three minutes.
Those wishing to address the Council on any item that is listed on the Agenda should submit to the City Clerk a "Request to Speak" form before the Mayor announces that agenda item. The Mayor will call speakers during consideration of each item.
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
Recommended Action: Approve the Minutes for the City Council Meeting of May 4, 2009, as presented or as amended.
3. Summary of Fiscal Year 2008 - 2009 Budget Amendments to Date
Recommended Action: Receive and file.
4. Check Register Dated April 24, 2009, in the Amount of $1,769,024.70
Recommended Action: Ratify the accompanying check register.
5. Check Register Dated May 1, 2009, in the Amount of $364,551.05
Recommended Action: Ratify the accompanying check register.
6. Quarterly Check Register and Cash Receipts Reports - Third Quarter of FY 2008-09
Recommended Action: Receive and file.
7. Quarterly Financial Report for the City of Mission Viejo – Third Quarter of 2008-09
Recommended Action: Receive and file.
8. Quarterly Financial Report for the Community Development Agency – Third Quarter of 2008-09
Recommended Action: Receive and file.
9. Fiscal Year 2008-09 County of Orange Property Tax Administration Fees
Recommended Action: Adopt Resolution 2009-XX Amending the FY 2008-09 Budget for County of Orange Property Tax Administration Fees
10. Issuance of Community Development Agency 2009 Tax Allocation Notes
Recommended Action: (1) Adopt Resolution 2009-XX of the City Council approving the issuance by the Community Development Agency of the City of Mission Viejo of 2009 Tax Allocation Notes in a principal amount not to exceed $1,525,000, authorizing the purchase of such notes by the City from the Agency and authorizing official actions; and (2) Adopt Resolution 2009-XX of the Community Development Agency of the City of Mission Viejo authorizing the issuance of 2009 Tax Allocation Notes in a principal amount not to exceed $1,525,000.
11. City Treasurer’s Monthly Report for March 2009
Recommended Action: Receive and file.
12. Community Development Agency Treasurer’s Monthly Report for March 2009
Recommended Action: Receive and file.
13. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for March 2009
Recommended Action: Receive and file.
14. Upgrade of Financial System Hardware and Software
Recommended Action: Approve agreement with SunGard Public Services for Software Licensing and System Support for the amount of $37,767.
15. Waste Disposal Agreement between the County of Orange and the City of Mission Viejo
Recommended Action: Approve the Waste Disposal Agreement with the County of Orange for the period July 1, 2010, through June 30, 2020.
16. La Paz Bridge and Road Widening (CIPs 756 and 761)
Recommended Action: (1) Approve the easement acquisition agreement with Taco Bell Corporation at a total cost of $104,121.00 and accept the associated easement deeds; and (2) authorize the City Clerk to record the easement deeds in the office of the County Recorder.
17. Annual Weed Abatement Program for Parcels Under One Acre – Year 2009 – Phase 1
Recommended Action: (1) Adopt Resolution 09-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 July 6, 2009.
18. Annual Maintenance Program for the Removal and Replacement of Asphalt Pavement and Related Services
Recommended Action: (1) Approve Third Amendment to the existing contract with Hardy & Harper, Inc for the period July 1, 2009 through June 30, 2011 to increase the contract amount by an amount not to exceed $ 694,587.60, and (2) authorize staff to issue a purchase order to Hardy & Harper, Inc for the period July 1, 2009 through June 30, 2010 in an amount not to exceed $ 392,787.60.
19. Cooperative Agreement No. C-9-0467 for Go Local Bus/Shuttle Service Planning
Recommended Action: Approve Cooperative Agreement No. C-9-0467 between the Orange County Transportation Authority and the City of Mission Viejo for the Go Local Bus/Shuttle Service Planning.
20. Annual Routine Tree Trimming Contract
Recommended Action: (1) Approve Second Amendment to the existing contract with West Coast Arborists, Inc for the period July 1, 2009 through June 30, 2011 to increase the contract amount by an amount not to exceed $1,197,158.00; and (2) authorize staff to issue a purchase order to West Coast Arborists, Inc for the period July 1, 2009 through June 30, 2010 in an amount not to exceed $606,079.00
21. Annual Park and Facility Hardscape Construction Improvements
Recommended Action: (1) Approve First Amendment to the existing contract with S. Parker Engineering, Inc for the period of July 1, 2009 through June 30, 2011 in the amount of $ 180,000.00; and (2) authorize issuance of a purchase order to S. Parker Engineering, Inc for the period of July 1, 2009 through June 30, 2010, in an amount not to exceed $ 90,000.00.
22. Annual Maintenance Program for the Removal and Replacement of Concrete Sidewalks, Curbs, Gutters, Driveway Approaches, and Cross-Gutters.
Recommended Action: (1) Approve Second Amendment to the existing contract with S. Parker Engineering, Inc for the period July 1, 2009 through June 30, 2011 to increase the contract amount by an amount not to exceed $ 680,000.00; and (2) authorize staff to issue a purchase order to S. Parker Engineering, Inc for the period July 1, 2009 through June 30, 2010 in an amount not to exceed $ 340,000.00.
23. Annual Road and Flood Control Maintenance Contract
Recommended Action: (1) Approve County Agreement D09-002 with the County of Orange for the period July 1, 2009, through June 30, 2011 in the amount of $2,089,062.00; and (2) authorize issuance of a purchase order to the County of Orange for the period of July 1, 2009 through June 30, 2010 in an amount not to exceed $1,044,531.00.
24. Annual Maintenance Program for the Removal and Replacement of Asphalt Pavement and Related Services
Recommended Action: (1) Approve Second Amendment to the existing contract with Ben’s Asphalt, Inc for the period July 1, 2009 through June 30, 2011 to increase the contract amount by an amount not-to-exceed $463,058.40; and (2) authorize staff to issue a purchase order to Ben’s Asphalt, Inc for the period July 1, 2009 through June 30, 2010 in an amount not to exceed $ 261,858.40.
PUBLIC HEARINGS
25. Participation in the Orange County Sheriff's Department False Alarm Fee Program
Recommended Action: Adopt Resolution 09-XX Establishing a Fee for Responding To The Third And Subsequent False Alarms Within a Calendar Year, or an Intentionally Set False Alarm, in the Amount of $85.00.
OLD BUSINESS
NEW BUSINESS
ITEMS REMOVED FROM THE CONSENT CALENDAR
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
26. Report from the Community of Character Committee Regarding "Rachel's Challenge"
Recommended Action: Receive report.
27. Orange County Fire Authority (OCFA) Report
Recommended Action: Receive report.
28. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive report.
29. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive report.
30. SCAG Transportation & Communications Committee (TCC) Report
Recommended Action: Receive report.
31. Roundabout Intersections Committee Report
Recommended Action: Receive report.
STAFF REPORTS
City Manager’s Report
City Attorney’s Report
COUNCIL MEMBER COMMENTS
32. Council Member Reports of Events and Activities Attended
Recommended Action: Receive report.
Council Member Kelley
33. La Paja Lane
Recommended Action: (1) Seek a cooperative solution, and (2) direct the City Attorney to prepare an analysis of the implementation of the legal remedies available to the City.
Council Member Ledesma
Council Member Schlicht
Mayor Pro Tem MacLean
Mayor Ury
34. Public Input to Budget Deliberations
Recommended Action: Direct staff to (1) televise all upcoming budget meetings and (2) create an email address for public input to the budget process.
Adjournment to Monday, June 1, 2009, at 5:00 PM
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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