City Council Agenda - 07/06/10

MISSION VIEJO AGENDA

City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*

July 6, 2010, at 5:00 PM (Closed Session Business)
July 6, 2010, 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 Ledesma
Council Member Schlicht
Council Member Ury
Mayor Pro Tem Leckness
Mayor Kelley

PLEDGE OF ALLEGIANCE: Council Member Ury

INVOCATION: Mayor Kelley

CLOSED SESSION

CS1. 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. Proclaim July 2010 as Parks and Recreation Month
Recommended Action: Present proclamation.

P2. Presentation by Nadia Babayi of the U.S. Census Bureau recognizing the City of Mission Viejo’s efforts in promoting the 2010 Census
Recommended Action: Receive award.

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 City Council Meeting of June 21, 2010, as presented or as amended.

3. Check Register dated June 11, 2010, in the amount of $1,585,051.34
Recommended Action: Ratify the accompanying check register.

4. Check Register dated June 18, 2010, in the amount of $1,775,572.90
Recommended Action: Ratify the accompanying check register.

5. Microsoft Licensing Renewal Agreement
Recommended Action: Approve issuance of a purchase order to CompuCom for such services for 2010-11 in the amount of $66,018.68.

6. Official Results of the June 8, 2010, Special Municipal Election
Recommended Action: Adopt Resolution 10-XX Reciting the Fact That a Special Municipal Election Was Held on June 8, 2010, and Declaring the Results Thereof.

7. Purchase of Janitorial- Related Paper, Plastic, and Chemical Supplies for City Building Facilities
Recommended Action: (1) Award primary contract to Clean Source in the amount of $36,875.00; and (2) award secondary contract to Waxie Sanitary Supply in the amount of $34,711.00.

8. Annual Routine Tree Trimming Contract - West Coast Arborists, Inc.
Recommended Action: Approve the Fifth Amendment to the existing contract with West Coast Arborists, Inc. to increase the contract in an amount not to exceed $20,000.00 to cover costs associated with renovation of Turf Lane Park.

9. Annual Technical Irrigation Contract
Recommended Action: Approve the Fifth Amendment to the existing contract with A.C. Landscape, Inc. to increase the contract in an amount not to exceed $20,000.00 to cover costs associated with renovation of Turf Lane Park.

10. Annual Support for Integrated Library System Software and Hardware for the Mission Viejo Library
Recommended Action: Approve Purchase of Annual Support for Integrated Library System Software and Hardware for the Mission Viejo Library for FY 2010-11 in the amount of $30,701.40.

11. Marguerite Parkway Pavement Rehabilitation, Avery Parkway to Crown Valley Parkway (CIP 788)
Recommended Action: (1) Award the construction contract for the subject project to PALP, Inc., dba Excel Paving Company in the amount of $849,875; and (2) adopt Resolution 10-XX Amending the Fiscal Year 2010–2011 Budget for Costs Related to Capital Improvement Project 788.

12. Marguerite Parkway Pavement/Median Rehabilitation, Via Angelina to Trabuco Road (CIPs 799, 200 and 206) and La Paz Road Pavement Rehabilitation, Chrisanta Drive to Marguerite Parkway (CIP 837)
Recommended Action: Award the construction contract for the subject project to All American Asphalt, Inc., in the amount of $1,383,887, contingent upon the adoption of the revised Fiscal Year 2010-2011 Capital Improvement Program Budget.

13. Interstate 5 Noise Barrier Scope Summary
Recommended Action: Authorize staff to issue a purchase order to VA Consulting, Inc., in an amount not to exceed $137,294 for the subject project.

14. California Road System Map Updates
Recommended Action: Adopt Resolution 10-XX Approving the Submittal of a Functional Classification Change for Local Streets and Roads to the State of California, Department of Transportation.

15. First Amendment to Lease Agreement Between the City and Sprint PCS Assets, LLC, in Conjunction with an Existing Wireless Telecommunication Facility on the Clock Tower at the YMCA Recreation Center, 27341 Trabuco Circle, in the R (Recreation) zone.
Recommended Action: Approve and Authorize the City Manager to Execute the First Amendment to the Lease Amendment.

16. Revised FY 2010-11 Mission Viejo Community Development Agency Budget
Recommended Action: Approve CDA Resolution 2010-XX Adopting a Revised Budget for the Community Development Agency (CDA) of the City of Mission Viejo for 2010-11.

17. Adoption of FY 2010-11 Budget for the Mission Viejo Community Development Financing Authority
Recommended Action: Adopt CDFA Resolution 2010-XX Adopting a Budget for the Mission Viejo Community Development Financing Authority for the 2010-11 Fiscal Year.

18. Cooperative Agreement No. C-9-0467 Between the Orange County Transportation Authority and the City of Mission Viejo for Go Local Bus/Shuttle Service Planning
Recommended Action: Approve Amendment No. 1 to Cooperative Agreement No. C-9-0467 between the Orange County Transportation Authority and the City of Mission Viejo for Go Local bus/shuttle service planning.

19. Pavement Management Program: Year 2010 Update
Recommended Action: Receive and file.

20. Annual Weed Abatement Program for Parcels Under One Acre - Year 2010 - Phase 1
Recommended Action: (1) Adopt Resolution 10-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 16, 2010.

21. Professional Services Agreement for State Legislative Advocacy Services
Recommended Action: Approve the proposed Professional Services Agreement for State legislative advocacy services by Townsend Public Affairs for a total not to exceed amount of $60,000 for the period of July 7, 2010 to June 30, 2011

22. Number not used

23. City Hall Solar Photo Voltaic Project (CIP 320)
Recommended Action: Award a contract for the subject project to AAA Solar Electric, Inc. in an amount not to exceed $584,798.00.

24. Personnel Policy Revision - Acting Appointments
Recommended Action: Adopt Resolution No. 10-XX, Providing for the Revision of the Personnel Policy on Acting Appointments

PUBLIC HEARINGS

OLD BUSINESS

25. Adoption of the Revised FY 2010-11 City Budget
Recommended Action: (1) Adopt Resolution 10-XX, adopting a revised budget for the City of Mission Viejo for FY 2010-11 and appropriating funds for FY 2010-11; (2) adopt Resolution 10-XX, amending the City’s salary schedule and suspending the City's current 1% contribution to the 401(a) defined contribution retirement plan; (3) adopt Resolution 10-XX, modifying the employer-paid member contributions to the California Public Employees’ Retirement system for City employees of the Miscellaneous Group; (4) adopt Resolution 10-XX, designating a Senior Executive Group and establishing the employer-paid member contribution to the California Public Employees’ Retirement System for employees of the Senior Executive Group; and (5) adopt Resolution 10-XX, establishing an appropriations limit for FY 2010-11.

26. Seven-Year Public Works Capital Improvement Program (Fiscal Year 2010-2011 through Fiscal Year 2016-2017)
Recommended Action: Adopt Resolution-XX Adopting a Seven-Year Public Works Capital Improvement Program Beginning with the 2010–2011 Fiscal Year.

27. Integrated Solid Waste Management Services
Recommended Action: Award the franchise agreement for Integrated Solid Waste Management Services to U. S. Waste of California, Inc., dba Waste Management of Orange County for the period from January 1, 2011, through December 31, 2018.

28. Marguerite Tennis Center Renovation Project (CIP 501)
Recommended Action: 1) Approve the contract bid documents; and 2) Authorize staff to advertise for bids for the Marguerite Tennis Center Renovation Project.

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

32. SCAG Transportation & Communications Committee (TCC) Report
Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS AND ACTIONS

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

Council Member Ledesma

34. E-Verify Ordinance Update
Recommended Action: (1) Update the Lawful Hiring Compliance Ordinance (No. 07-247) to reflect the name change to E-Verify; and (2) direct City staff to implement a verification policy with all contractors that are subject to the Basic Pilot / E-Verify program.

35. Energy and Maintenance Saving Through Additional Light Emitting Diode (LED) Usage
Recommended Action: (1) Direct staff to select a test location for installing LED lights on the street lights attached to stop lights; and (2) direct staff to estimate cost savings by switching to LED lights at all of the intersections with “cobra head” street lights.

Council Member Schlicht

36. Elimination of Lifetime Healthcare Benefits for the Remaining Eligible Council Members
Recommended Action: Approve an Amendment to the Council Policies to Eliminate current and future council members from Eligibility in the Mission Viejo Employee Retiree Medical Benefit Program

37. Marguerite Tennis, Aquatics, and Recreation Center Complex Renovation and Expansion Project
Recommended Action: Create a viable plan for adding the needed tennis court, upgrading the clubhouse and improving the existing courts and lighting.

Council Member Ury

38. Irrevocable Release of the Retiree Medical Benefit
Recommended Action: Receive and file.

39. Public Release of all Correspondence Between former Council Member Reavis and City Staff Regarding her Concerns and Plans for the Lifetime Medical Benefits
Recommended Action: As this is a public records request, no action is needed on the part of the Council. Staff is simply directed to procure the documents.

40. Request Former Council Member Reavis to Allow for the Release of all Private Communications Between her and City Attorney Curley Regarding Lifetime Medical Benefits
Recommended Action: As this is a public records request, no action is needed on the part of the Council. Staff is simply directed to procure the documents when the release is signed. Attorney Curley has agreed to prepare and execute the release documents at no charge to the city.

41. Direct the City Attorney to Prepare Release Documents for former Council Member Reavis to Release the City from Any Further Claim to the Lifetime Medical Benefit Both as a Fully Vested Interest and as a Partially Vested One
Recommended Action: As necessary.

Mayor Pro Tem Leckness

Mayor Kelley

42. Rejection of Retiree Medical Benefits
Recommended Action: Receive and file.

Adjournment to Monday, August 16, 2010, 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.