City Council Agenda - 07/20/09

MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees*

July 20, 2009, at 5:00 PM (Closed Session Business)

July 20, 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: Council Member Schlicht

INVOCATION: Council Member Ledesma

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. Public Employee Performance Evaluation for the Position of City Attorney Pursuant to California Government Code Section 54957.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Recognize Citywide Volunteers for Their 1,000 Hours of Volunteer Service
Recommended Action: Present Certificates of Appreciation to (1) Leslie Cromwell for volunteer hours at the Norman P. Murray Community & Senior Center, (2) Lila Gertz for volunteer hours at the Norman P. Murray Community & Senior Center, (3) Trish Kuhns for volunteer hours at the Norman P. Murray Community & Senior Center, and (4) Nellie Domenick for volunteer hours at the Mission Viejo Library.

P2. Presentation by Assemblyman Jeff Millers Office to the Dedicated Animal Welfare Group and Sharon Cody for Their Efforts in Raising Money to Help in the Care of Homeless Companion Animals at the Mission Viejo Animal Services Center
Recommended Action: Receive Presentation.

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 July 6, 2009, as presented or as amended.

3. Number not used.

4. Check Register dated June 26, 2009, in the amount of $2,174,352.64
Recommended Action: Ratify the accompanying check register.

5. Check Register dated July 3, 2009, in the amount of $2,002,679.22
Recommended Action: Ratify the accompanying check register.

6. City Treasurer’s Monthly Report for May 2009
Recommended Action: Receive and file.

7. Community Development Agency Treasurer’s Monthly Report for May 2009
Recommended Action: Receive and file.

8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for May 2009
Recommended Action: Receive and file.

9. Community Development Agency Loan -- for Agency Operations
Recommended Action: (1) Adopt CDA Resolution 09-XX Requesting a Loan From the City of Mission Viejo in the Amount of $520,000; (2) adopt 09-XX Authorizing a Loan to the Community Development Agency; and (3) adopt CDA Resolution 09-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.

10. Professional Services Agreement for Printing and Related Services for the City Outlook, Leisure Time, and Annual Report
Recommended Action: (1) Approve the Professional Services Agreement with Documedia Group for printing and related services for four issues of the biannual City Outlook, eight issues of the quarterly Leisure Time and two issues of the Annual Report for a total not to exceed amount of $260,694.68 through June 30, 2011; and (2) authorize the issuance of a purchase order to Documedia Group in the amount of $130,347.34 for FY 2009-10.

11. Maintenance of Traffic Signals and Appurtenance, Interconnect, Flashing Beacons, Illuminated Street Name Signs, Safety Lights and CCTV Cameras
Recommended Action: (1) Approve Second Amendment to Contract 07-48 with Republic ITS to extend the period of the contract from July 1, 2009, through June 30, 2011, and to increase the contract amount by $850,000; and (2) authorize staff to issue a purchase order to Republic ITS in an amount not to exceed $425,000 for the period July 1, 2009, through June 30, 2010.

12. Changes to the Personnel Policy on Cell Phone/PDA Allowances for Employees.
Recommended Action: Adopt Resolution 09-XX Amending the City’s Personnel Policy on Cell Phone/PDA Allowances for Employees.

13. City of Mission Viejo Seven-Year Public Works Capital Improvement Program (Fiscal Year 2009-2010 through Fiscal Year 2015-2016)
Recommended Action: (1) Adopt Resolution 09-XX Adopting a Seven-Year Public Works Capital Improvement Program Beginning with the 2009–2010 Fiscal Year; and (2) direct the Director of Public Works to transmit the Seven-Year Public Works Capital Improvement Program to the Orange County Transportation Authority by August 8, 2009.

14. 2009 Residential Resurfacing-Community Development Block Grant (CIP 838)
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

15. Rate Adjustment for Solid Waste Delivered to Southeast Resource Recovery Facility
Recommended Action: Receive and file.

16. 2008 Residential Resurfacing (CIP 838)
Recommended Action: (1) Approve Contract Change Order 1 in the amount of $375,178 to Purchase Order 080442 to All American Asphalt, Inc.; (2) certify the completion of and accept the improvements for the subject project; (3) authorize the City Manager to sign the Notice of Completion; (4) 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 (5) authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion.

17. Microsoft Licensing Renewal Agreement
Recommended Action: Approve the accompanying three-year agreement with Microsoft for Microsoft Product Licensing renewal and issue a purchase order to CompuCom for such services for 2009-10 in the amount of $62,382.68.

18. Street Sweeping Services
Recommended Action: (1) Terminate the existing second amendment for the four-month contract extension with Sunset Property Services; (2) approve Third Amendment to the contract with Sunset Property Services for the period of July 1, 2009 through June 30, 2011 in an amount not to exceed $748,782.00; and (3) authorize staff to issue a purchase order to Sunset Property Services in an amount not to exceed $374,391.00.

19. OCCOG Amended and Restated Joint Powers Agreement
Recommended Action: (1) Adopt the attached resolution approving and executing an amended and restated Orange County Council of Governments (OCCOG) Joint Powers Agreement; and, (2) authorize the Mayor to execute the amended and restated Joint Powers Agreement, and transmit the signed OCCOG Joint Powers Agreement to the OCCOG Interim Executive Director.

20. Fiber Communication and Traffic Controller Upgrade Project-Various Locations (CIP 797)
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

PUBLIC HEARINGS

21. General Plan Amendment GPA2009-28, Development Code Amendment DCA2009-13, and Development Code Amendment DCA2009-14 - initiated petitions to update the Housing Element of the General Plan and amend the City's Municipal Code. GPA2009-28 updates the City's adopted Housing Element of the General Plan as required by State law. The Housing Element consists of housing goals and policies for the City. Specific housing programs that will implement these goals and policies are identified. In addition, the Housing Element summarizes the City's existing and projected housing providing the basis for targeting policies and programs to address these needs. The goals and policies of the draft Housing Element carry forward much from the City's existing Housing Element, with refinements and new programs to address changed circumstances and new state laws. DCA2009-13 is a proposed Ordinance amending Section 9.10.020 of Article II of Title 9 of the Municipal Code regarding density bonuses and affordable housing. DCA2009-14 is a proposed Ordinance amending Chapter 9.12 of Article II of Title 9 of the Municipal Code regarding the Business Park / Industrial Zone to allow for the By Right construction of emergency shelters.

Recommended Action: (1) Adopt Resolution 09-XX approving General Plan Amendment GPA2009-28 to modify the City’s General Plan Housing Element; (2) Introduce Ordinance No. 09-XXX amending Section 9.10.020 of Article II of Title 9 of the Municipal Code regarding density bonuses and affordable housing; (3) Introduce Ordinance No. 09-XXX amending Chapter 9.12 of Article II of Title 9 of the Municipal Code regarding the Business Park / Industrial Zone to allow for the establishment of emergency shelters; and (4) Adopt Negative Declaration declaring proposed Resolution and Ordinances will not have a significant adverse on the environment for purposes of CEQA review.

OLD BUSINESS

NEW BUSINESS

22. City Council Communication with Auditors
Recommended Action: Receive correspondence from Mayer Hoffman McCann P.C., the City's independent auditors, regarding the upcoming financial statement audit for the fiscal year ending June 30, 2009, and determine whether the City is in agreement.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

23. Orange County Fire Authority (OCFA) Report
Recommended Action: Receive report.

24. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive Report.

25. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive Report.

26. Southern California Association of Governments (SCAG)
Recommended Action: Receive Report.

STAFF REPORTS

City Manager’s Report

27. Decrease in Employer Contributions to CalPERS Retirement Program
Recommended Action: Adopt Resolution No. 09 – XX Modifying the Employer Paid Member Contributions to the California Public Employees’ Retirement System.

28. Adoption of the 2009-11 City Budget
Recommended Action: Hold public discussion on the 2009-11 Budget as necessary and then approve: (1) Resolution 09-XX, adopting a budget for the City of Mission Viejo for 2009-11 and appropriating funds for FY 2009-10 only; and (2) Resolution 09-XX, establishing an appropriations limit for FY 2009-10.

City Attorney’s Report

29. O'Neill Elementary School Closure: Environmental Review Process - Public Records indicate that the Saddleback Valley Unified School District Board of Trustees approved a contract for preparation of a Negative Declaration. The City may wish to actively participate in the environmental review process. The environmental review process should be completed and considered by the Trustees prior to the final decision to close O'Neill Elementary School.

Recommended Action: Advise City Staff to review and comment as regards the O’Neill Elementary School Closure CEQA process.

30. O'Neill Elementary School Closure: Charter School Community Effort - The Saddleback Valley Unified School District Board of Trustees has declined the approval of a charter school at the O'Neill Elementary School site. The City may wish to consider assisting with the appeal of this decision pursuant to the California Education Code as contemplated by the City's General Plan. The City Council may direct the City Attorney's Office and staff to review the process and the City's role and advise the City Council thereafter

Recommended Action: Direct the City Attorney and Staff to advise the Council as to the City’s options as regards participating the appeal of the rejection of the O’Neill Elementary School

31. Consideration of funding and conducting a City-wide poll, costs not to exceed $15,000, investigating the goals of the City's electorate regarding both SVUSD and CUSD. Topics to include school closings, traffic safety, school district consolidation, and support for charter schools. Poll to be completed by September 1, 2009
Recommended Action: As directed

COUNCIL MEMBER COMMENTS

32. Council Member Reports of Events and Activities Attended
Recommended Action: Receive reports.

Council Member Kelley
Council Member Ledesma
Council Member Schlicht
Mayor Pro Tem MacLean
Mayor Ury

Adjournment to Tuesday, September 8, 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.