City Council Agenda - 11/02/09

MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees*

November 2, 2009, at 5:00 PM (Closed Session Business)

November 2, 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 Kelley

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.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Recognize City Volunteers, for their 1,000 hours of service
Recommended Action: Present Certificates of Appreciation to (1) Steven Grossack for volunteer hours at the Norman P. Murray Community & Senior Center; (2) Etsuko Liyama for volunteer hours at the Norman P. Murray Community & Senior Center; (3) Joyce Sasaki for volunteer hours at the Norman P. Murray Community & Senior Center; (4) Sally Taylor for volunteer hours at the Norman P. Murray Community & Senior Center; (5) Karin Doan-Minh for volunteer hours at the Mission Viejo Animal Shelter; (6) Sarah Doan-Minh for volunteer hours at the Mission Viejo Animal Shelter; (7) Lisa Doan-Minh for volunteer hours at the Mission Viejo Animal Shelter; (8) Ron Kramer for volunteer hours at the Mission Viejo Animal Shelter; (9) Barbara Lekander for volunteer hours at the Mission Viejo Animal Shelter; (10) Iva Loomis for volunteer hours at the Mission Viejo Animal Shelter; (11) Janie Lucas for volunteer hours at the Mission Viejo Animal Shelter; and (12) Candy VonPholmann for volunteer hours at the Mission Viejo Animal Shelter.

P2. Recognize the Mission Viejo Radio Amateur Civil Emergency Service Club (Mission Viejo R.A.C.E.S)
Recommended Action: Present Certificates of Appreciation.

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 waiver.

2. City Council Minutes
Recommended Action: Approve the Minutes for the Regular Meeting of October 19, 2009, as presented or amended.

3. Summary of FY 2009-10 Budget Amendments To Date
Recommended Action: Receive and file.

4. Check Register dated October 9, 2009, in the amount of $1,297,645.31
Recommended Action: Ratify the accompanying check register.

5. Check Register dated October 16, 2009, in the amount of $623,782.09
Recommended Action: Ratify the accompanying check register.

6. Amend Technical Services Outsourcing Agreement with Baker & Taylor
Recommended Action: Approve request to amend the Technical Services Outsourcing Agreement with Baker & Taylor to an amount not to exceed $165,000 for the period July 1, 2009 through June 30, 2011

7. Restore Holiday Lighting at the Civic Center
Recommended Action: Adopt Resolution No. 09-XX amending the FY 2009-10 budget to restore the holiday lighting program at the Civic Center

8. Revisions to Certain Personnel Policies
Recommended Action: Adopt Resolution No. 09-XX, Providing for the Establishment of and Revisions to Personnel Policies

9. Investment Advisory Commission and Community Services Commission Resignations
Recommended Action: Accept the letters of resignation from Investment Advisory Commissioner Mervyn McCulloch and Community Services Commissioner Gloria Heer, declare the vacancies and direct the City Clerk to post a notice of the unscheduled vacancies.

10.
American Recovery and Reinvestment Act of 2009 Street Improvement Project (Olympiad Road Resurfacing - CIP 202; Arterial Highway Resurfacing and Slurry - CIP 837)
Recommended Action: Adopt Resolution 09-XX Approving and Authorizing Execution of Program Supplement No. N020 to the Administering Agency-State Agreement No. 12-5451R for Federal-Aid Projects Between the State Department of Transportation and the City of Mission Viejo.

11. La Paz Bridge and Road Widening (CIP 756/761)
Recommended Action: (1) Approve the easement acquisition agreements at a total cost of $87,500.00 and accept the associated easement deeds; and (2) authorize the City Clerk to record the easement deeds in the office of the County Recorder.

12. Proposed Huntington Beach Water Desalination Facility
Recommended Action: Adopt Resolution 09-XX Supporting the Construction and Operation of the Proposed Huntington Beach Water Desalination Facility.

PUBLIC HEARINGS

OLD BUSINESS

13. Summary Report on State Mandates
Recommended Action: As necessary

NEW BUSINESS

14. Draft Water Efficient Landscape Ordinance
Recommended Action: 1) Introduce Ordinance No. 09-XXX Repealing and Replacing Chapter 8.12 of the Mission Viejo Code Entitled “Water Efficient Landscape Ordinance”; and 2) Rescind Ordinance No. 93-108

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

15. Possible Refinancing of 1996 Certificates of Participation and 2001 Series A Lease Revenue Bonds
Recommended Action: (1) Approve the selection of Fieldman Rolapp & Associates as financial advisor at a cost not to exceed $53,000 including expenses, Quint & Thimmig LLP as bond and disclosure counsel at a fee not to exceed $89,000, and De La Rosa & Company at a cost not to exceed $3.79 per $1,000 of bonds; 2) approve a structure of the refunding bonds that concentrates the debt service savings into the next two years, and 3) schedule a Public Hearing for November 16, 2009 to consider approval of the financing documents and release of the Preliminary Official Statement.

16. Suspension of Proposition 1A - State Borrowing of Local Property Tax Revenue
Recommended Action: Adopt Resolution 09-XX approving the form and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City of Mission Viejo’s Proposition 1A Receivable from the State of California to the California Statewide Communities Development Authority; and directing and authorizing certain other actions in connection therewith.

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

18. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive the report.

19. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

20. Request for authorization to agendaize for response at the November 16, 2009, Council Meeting, the City’s response to a demand to cure and correct a purported Brown Act violation as submitted by Karen L. Medeiros
Recommended Action: As necessary.

COUNCIL MEMBER COMMENTS

21. 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 Monday, November 16, 2009, at 5:00 PM