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MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
October 19, 2009, at 5:00 PM (Closed Session Business)
October 19, 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
INVOCATION: Council Member Schlicht
PLEDGE OF ALLEGIANCE: Council Member Ledesma
CLOSED SESSION
CS1. 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. Saddleback Valley Unified School District (SVUSD), Case No. 00300610.
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. Capistrano Unified School District (CUSD), Case No. 00180049; Companion Case, Rancho Santa Margarita v. CUSD, Case No. 00207543.
REPORT OF CLOSED SESSION
PRESENTATIONS
P1. Presentation by the Orange County Fire Authority for Acts of Heroism Awards
Recommended Action: Battalion Chief Scott Brown and Fire Captain/Paramedic Steve Concialdi will present awards to Shawn Alladio, Nathan Navarro, Chasen Radison, and Spencer Owen, for their heroism during a traffic accident on the 5 freeway near La Paz.
P2. Poseidon Resources Desalination Facility Presentation
Recommended Action: Receive presentation.
P3. Presentation by the Mission Viejo Activities Committee, “Keeping a Light on a Mission Viejo Holiday Tradition"
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 Regular Meeting of October 5, 2009, as presented or as amended.
3. Summary of FY 2009-10 Budget Amendments To Date
Recommended Action: Receive and file.
4. Check Register dated September 25, 2009, in the amount of $1,970,062.73
Recommended Action: Ratify the accompanying check register.
5. Check Register dated October 2, 2009, in the amount of $617,401.34
Recommended Action: Ratify the accompanying check register.
6. City Treasurer’s Monthly Report for August 2009
Recommended Action: Receive and file.
7. Community Development Agency Treasurer’s Monthly Report for August 2009
Recommended Action: Receive and file.
8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for August 2009
Recommended Action: Receive and file.
9. Landscape and Irrigation Materials and Supplies Purchase Agreement Bonding Requirements Clarification
Recommended Action: Approve Fourth Amendment to John Deere Landscapes, Inc. and First Amendment to Hydro-Scape Products, Inc. purchase agreements clarifying that no performance bond or labor and material bond is required.
10. Annual Routine Monthly Landscape & Facility Maintenance - Contract Area 6
Recommended Action: (1) Award the contract for the subject services to Nieves Landscape, Inc. for the period November 1, 2009 through June 30, 2011, in the amount of $631,504.00 and; (2) authorize staff to issue a purchase order to Nieves Landscape, Inc for the period November 1, 2009 through June 30, 2010 in an amount not to exceed $252,714.00.
11. Annual Maintenance Program for the Repair and Reconstruction of Streets, Drainage Channels, Storm Drains, Slopes, and Emergency Response.
Recommended Action: (1) Award contract for the subject program to L.T. Engineering for the period of November 1, 2009 to June 30, 2011 in an amount not to exceed $275,000.00 (2) authorize the issuance of a purchase order for the period of November 1, 2009 through June 30, 2010 in an amount not to exceed $130,000.00 and (3) approve license agreement with LT Engineering for the period of November 1, 2009 through June 30, 2011.
12. Annual Review of Residential and Commercial Integrated Waste Management Rates
Recommended Action: Adopt Resolution 09-XX Approving the Proposed Trash Rate Adjustment for Residential (0.1% increase from $13.99 to $14.00 per Month), Commercial (0.4% Decrease), and Roll-Off (0.4% Decrease) Services Effective January 1, 2010.
13. Fiber Communication and Traffic Controller Upgrade Project-Various Locations (CIP 797)
Recommended Action: Award the contract to Crosstown Electrical & Data, Inc., in the amount of $42,740 for the installation of conduits and fiber optic cable.
14. Crown Valley Parkway Widening Improvements (CIP 752)
Recommended Action: Authorize reimbursement of the initial deposit in the amount of $500,000 to DMB Ladera, L.L.C., for the Crown Valley Parkway Widening Improvements.
15. Crown Valley Parkway Widening, Cabot Road to I-5 (CIP 795)
Recommended Action: Approve the First Amendment to the agreement with the City of Laguna Niguel and RBF Consulting for professional design services for the Crown Valley Parkway/I-5 Widening Project, including the City of Mission Viejo's share of additional costs in the amount of $90,315 contingent upon approval of said amendment by the City of Laguna Niguel.
16. Medical Center Road Pavement Resurfacing (CIP 838)
Recommended Action: Award the construction contract for the subject project to All American Asphalt, Inc., in the amount of $133,321.00.
17. Second Amendment to the Assistant City Manager/Director of Administrative Services Employment Agreement
Recommended Action: Approve the Second Amendment to the Assistant City Manager/Director of Administrative Services Employment Agreement
18. Possible Refunding of 1996 Library Certificates Of Participation and 2001 Series A City Hall/Library Lease Revenue Bonds
Recommended Action: Refer this matter to the Investment Advisory Commission for their review and recommendation
PUBLIC HEARINGS
OLD BUSINESS
19. Appointment to Fill Two (2) Unscheduled Vacancies on the Planning and Transportation Commission
Recommended Action: Consider Council Member's Kelley and Council Member Schlicht's nominations for two new members to the Planning and Transportation Commission.
20. Special Municipal Election - February 2, 2010
Recommended Action: (1) Adopt Resolution 09-XX Calling and Giving Notice of the Holding of a Special Election on Tuesday, February 2, 2010, for the Submission of the Question of the Recall of Council Member Lance MacLean and the Election of Candidate to Fill the Vacancy if the Recall Prevails; (2) adopt Resolution 09-XX Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Municipal Election to be held on Tuesday February 2, 2010; (3) adopt Resolution 09-XX Adopting Regulations Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, February 2, 2010; (4) adopt Resolution 09-XX Amending the Fiscal Year 2009–2010 Budget to Pay for the February 2, 2010, Special Election for the Submission of the Question of the Recall of Council Member Lance MacLean and the Election of a Candidate to Fill the Vacancy if the Recall Prevails; and (5) direct the City Clerk to schedule the adoption of the resolution citing the election results and the administration of the oath to the newly elected Council Members for March 1, 2010, or as soon as possible thereafter.
NEW BUSINESS
ITEMS REMOVED FROM THE CONSENT CALENDAR
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
21. Orange County Fire Authority (OCFA) Report
Recommended Action: Receive the report.
22. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive the report.
23. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive the report.
24. SCAG Transportation & Communications Committee (TCC) Report
Recommended Action: Receive report.
STAFF REPORTS
City Manager’s Report
City Attorney’s Report
25. Survey Results; Single School District Issue
Recommended Action: Receive and review survey results and direct staff as to any further actions the City Council may desire
26. City Council Update Regarding 26992 La Paja
Recommended Action: Direct City Attorney to Initiate Analysis Regarding Appointment of a Court Supervised Receiver to Manage Project Completion; 26992 La Paja.
COUNCIL MEMBER COMMENTS
27. Council Member Reports of Events and Activities Attended
Recommended Action: Receive the reports.
Council Member Kelley
28. OCTA Bus Service Reductions
Recommended Action: Send a letter to OCTA and designate a speaker to send to OCTA Hearing on October 26 to outline impacts on Mission Viejo.
Council Member Ledesma
Council Member Schlicht
Mayor Pro Tem MacLean
Mayor Ury
29. Placing bleacher shade covering over fields at Youth Athletic Park, Gilleran, Beebe and Curtis Baseball Fields
Recommended Action: As necessary.
Adjournment to Monday, November 2, 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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