MISSION VIEJO AGENDA

City Council, Community Development Agency,
Community Development Financing Authority,
Housing Authority, and Library Board of Trustees*

May 2, 2011, at 5:00 PM (Closed Session Business)
May 2, 2011, 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, HOUSING AUTHORITY, 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 Reardon
Council Member Schlicht
Mayor Pro Tem Ury
Mayor Leckness

PLEDGE OF ALLEGIANCE: Mayor Pro Tem Ury

INVOCATION: Mayor Leckness

CLOSED SESSION

CS1. Labor Negotiations—The City Council will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957.6. The Parties to the Negotiations are the City and the City's Unrepresented Employees. The City's Negotiator is Dennis Wilberg.

CS2. Conference with Legal Counsel – Consideration of Commencement of Litigation - Subdivision (c) of Section 54956.9 (One Potential Case: California State Commission on Unfunded Mandates for Unfunded Costs Associated with Implementation of the City's NPDES Permit, Order No. R9-2009-0002.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Adoptable Pets of the Month
Recommended Action: Receive presentation on adoptable pets at the Mission Viejo Animal Services Center.

P2. Presentation to the City of Mission Viejo from the Orange County Transportation Association "OCTA"
Recommended Action: Receive presentation from OCTA Vice Chair Paul Glaab.

P3. School Crossing Guard of the Year
Recommended Action: Present certificate of commendation to Luz O'Connell.

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 April 18, 2011, as presented or as amended.

3. Check Register dated April 8, 2011, in the amount of $4,567,780.28
Recommended Action: Ratify the accompanying check register.

4. Check Register dated April 15, 2011, in the amount of $452,259.23
Recommended Action: Ratify the accompanying check register.

5. 2011 Residential Resurfacing-Asphalt Overlay (CIP 838)
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

6. Draft Annual Action Plan for FY 2011-2012 Detailing City’s Proposed Use of Community Development Block Grant (CDBG) Funds
Recommended Action: Adopt Resolution 11-XX Approving the City's Draft Annual Action Plan for FY 2011-2012 detailing City’s proposed use of Community Development Block Grant (CDBG) Funds and Authorizing Submission of Such Plans to the U.S. Department of Housing and Urban Development (HUD).

7. Annual Routine Monthly Landscape Maintenance - Contract Area 1
Recommended Action: (1) Award contract for the subject services to Mariposa Landscapes, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $768,612.00; and (2) authorize issuance of a purchase order to Mariposa Landscapes, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $384,306.00 pending adoption of the 2011-2013 budget by City Council.

8. Annual Routine Monthly Landscape Maintenance - Contract Area 2
Recommended Action: (1) Award contract for the subject services to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $839,980.00; and (2) authorize issuance of a purchase order to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $419,990.00 pending adoption of the 2011-2013 budget by City Council.

9. Annual Routine Monthly Landscape Maintenance - Contract Area 3
Recommended Action: (1) Award contract for the subject services to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $598,700.00; and (2) authorize issuance of a purchase order to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $299,350.00 pending adoption of the 2011-2013 budget by City Council.

10. Annual Routine Monthly Landscape Maintenance - Contract Area 4
Recommended Action: (1) Award contract for the subject services to Mariposa Landscape, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $673,838.00; and (2) authorize issuance of a purchase order to Mariposa Landscape, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $336,919.00 pending adoption of the 2011-2013 budget by City Council.

11. Annual Routine Monthly Landscape and Facility Maintenance - Contract Area 5
Recommended Action: (1) Award contract for the subject services to Mariposa Landscape, Inc for the period of July 1, 2011 through June 30, 2013 in the amount of $ 679,431.00; and (2) authorize issuance of a purchase order to Mariposa Landscape, Inc for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $339,716.00 pending adoption of the 2011-2013 budget by the City Council.

12. Annual Routine Monthly Landscape and Facility Maintenance - Contract Area 6
Recommended Action: (1) Award contract for the subject services to Vandergeest Landscape Care, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $846,364.00; (2) authorize issuance of a purchase order to Vandergeest Landscape Care, Inc. for the period of July 1, 2011 through June 30, 2012 in an amount not to exceed $423,182.00 pending adoption of the 2011-2013 budget by the City Council.

13. Annual Routine Monthly Landscape Maintenance - Contract Area 7
Recommended Action: (1) Award contract for the subject services to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $687,540.00; and (2) authorize issuance of a purchase order to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $343,770.00 pending adoption of the 2011-2013 budget by City Council.

14. Annual Routine Monthly Landscape Maintenance - Contract Area 8
Recommended Action: (1) Award contract for the subject services to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $1,039,746.00; and (2) authorize issuance of a purchase order to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $519,873.00 pending adoption of the 2011-2013 budget by City Council.

15. Annual Routine Monthly Landscape Maintenance - Contract Area 9
Recommended Action: (1) Award contract for the subject services to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $766,252.00; and (2) authorize issuance of a purchase order to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $383,126.00 pending adoption of the 2011-2013 budget by City Council.

16. Annual Routine Monthly Landscape Maintenance - Contract Area 10
Recommended Action: (1) Award contract for the subject services to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $705,904.00; and (2) authorize issuance of a purchase order to Spectrum Care Landscape, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $352,952.00 pending adoption of the 2011-2013 budget by City Council.

17. Landscape and Irrigation Materials and Supplies
Recommended Action: (1) Award the contract for landscape and irrigation supplies to John Deere Landscape, Inc, for the period of July 1, 2011 through June 30, 2013 in the amount of $ 540,000.00; (2) authorize issuance of a purchase order to John Deere Landscape, Inc for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $ 270,000.00 pending adoption of the 2011-2013 budget by City Council.

18. Annual Technical Irrigation Services
Recommended Action: (1) Award contract for the subject services to A.C. Landscape, Inc. for the period of July 1, 2011 through June 30, 2013 in the amount of $ 474,000.00; and (2) authorize issuance of a purchase order to A.C. Landscape, Inc. for the period of July 1, 2011 through June 30, 2012, in an amount not to exceed $ 237,000.00 pending adoption of the 2011-2013 budget by City Council.

19. Annual Routine Landscape Rodent Pest Control - Contract Area 1
Recommended Action: (1) Award contract for the subject service to Animal Pest Management Services, Inc. for the period of July 1, 2011, to June 30, 2013, in an amount of $70,613.00; and (2) authorize issuance of a purchase order to Animal Pest Management Services, Inc. for the period of July 1, 2011, to June 30, 2012, in an amount not to exceed $35,307.00 pending adoption of the 2011-2013 budget by City Council.

20. Annual Routine Landscape Rodent Pest Control - Contract Area 2
Recommended Action: (1) Award contract for the subject service to Animal Pest Management Services, Inc. for the period of July 1, 2011, to June 30, 2013, in an amount of $ 31,087.00; and (2) authorize issuance of a purchase order to Animal Pest Management Services, Inc. for the period of July 1, 2011, to June 30, 2012, in an amount not to exceed $ 15,544.00 pending adoption of the 2011-2013 budget by City Council.

21. Arterial Highway Resurfacing and Slurry Seal (CIP 837) -- Avery Parkway Pavement Rehabilitation, Marguerite Parkway to Camino Capistrano
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

22. Measure M2 Environmental Clean-Up Program Applications
Recommended Action: Adopt Resolution 11-XX Authorizing the Director of Public Works to Apply for Funds for the Environmental Cleanup, Tier 1 Grant Program Under Orange County Local Transportation Ordinance No. 3 for the Marguerite Parkway Median Island Runoff Prevention Projects and the J01p03 Storm Drain Low-Flow Diversion Treatment Project.

23. Extension of the Rental Use Agreement with Outta Bounds Events for use of the Thomas R. Potocki Center for Youth Activities through Summer 2011.
Recommended Action: Approve an extension of the Rental Use Agreement between the City and Outta Bounds Events for use of the Thomas R. Potocki Center for Youth Activities through Summer 2011 in the amount of $3,000.

24. Selection of Independent Auditor for Fiscal Years Ending June 30, 2011 and June 30, 2012
Recommended Action: Award a contract to Lance, Soll & Lunghard, LLP to serve as the City’s independent financial auditors for the fiscal years ending June 30, 2011 and June 30, 2012, and to perform annual financial statement audit work at a cost not to exceed $78,760 ($39,380 per year).

25. 2011 Fourth of July Community Street Faire
Recommended Action: Approve the Special Events Permit submitted by the Mission Viejo Activities Committee authorizing the annual Mission Viejo Fourth of July Community Street Faire on Monday, July 4, 2011.

26. Public Pool and Equipment Room Maintenance Services and Repairs for City Recreation and Aquatic Centers and Facilities
Recommended Action: (1) Award contract for subject services to Commercial Aquatics, Inc. for the period July 1, 2011 through June 30, 2013, in the amount of $318,000 and (2) authorize issuance of a purchase order to Commercial Aquatics, Inc., for the period July 1, 2011, through June 30, 2012, in an amount not to exceed $159,000 pending adoption of the 2011-13 Budget by the City Council.

27. Janitorial and Related Services for the City of Mission Viejo City Hall, Library, and Multiple Recreation, Tennis, and Activity Centers
Recommended Action: Award contract for subject services to Team One Management for the period July 1, 2011 to June 30, 2013, in the amount of $314,760; and (2) authorize issuance of a purchase order to Team One Management for the period July 1, 2011 to June 30, 2012, in an amount not to exceed $157,380 pending adoption of the 2011-2013 budget by City Council.

28. City Hall Solar Photo Voltaic Project (CIP 320) - Notice of Completion
Recommended Action: (1) 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 or by the City; and (2) authorize the payment of the final retention of $59,300.36, 35 days after the date of recordation of the Notice of Completion.

29. Annual Police Services Motorcycle Maintenance Contract Amendment
Recommended Action: Approve the Second Amendment to the existing contract with Huntington Beach Honda Motorcycles to increase the contract from $30,000 to an amount not to exceed $55,000.

30. Marguerite Tennis Center Renovation Project (CIP 501)
Recommended Action: Reject all bids received for the Marguerite Tennis Center Renovation Project (CIP 501).

PUBLIC HEARINGS

31. Service Cost Recovery Study
Recommended Action: Adopt Resolution 11-XX Establishing New Fees for Development and Other Miscellaneous Services.

OLD BUSINESS

32. Update on and Request for Direction to Proceed with Proposed Skyridge Annexation, Being a Request by Standard Pacific Homes to Annex into the City of Mission Viejo Approximately 38.4 Acres of Undeveloped Land Along the South Side of El Toro Road, Adjacent to and Northerly of the Painted Trails Residential Community for Future Single Family Home Development and Open Space
Recommended Action: Provide direction to staff.

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

STAFF REPORTS

City Manager’s Report

36. Contract Extension for Youth Services Program with the Saddleback Valley Unified School District Department of Recreation and Community Services through the Summer of 2011.
Recommended Action: Extend the Contract with the Saddleback Valley Unified School District Department of Recreation and Community Services to provide Youth Recreation Programs through the Summer of 2011 in the amount of $154,706.

City Attorney’s Report

37. Resolution Declaring that the Preservation of the Public Health, Safety and Welfare Require the Immediate Repair of the City-Owned Swimming Facility and ordering Compliance with Government Code Section 22050, Including Findings in Support Thereof in Lieu of Formal Bid Procedures. (4/5's Vote Required)
Recommended Action: (1) Adopt Resolution 11-XX Ordering the Immediate Repair of the Public Facility Known as the City Swimming Pool Utilized by the Nadadores Based on the Presence of Unsafe Starting Blocks, all as Pursuant to Government Code Section 22050; Make Findings as Required, Require the Nadadores to Contribute $55,000 for the Personal Equipment and Cap the City’s expenses at a Matching $55,000. A four-fifths affirmative vote is required for the emergency approval of a no-formal bid contract. (2) Adopt resolution 11-XX Amending the Fiscal Year 2010-11 Budget for Expenses Related to Emergency Repairs at the Marguerite Aquatics Center.

38. Saddleback Valley Unified School District Activities in Furtherance of Designating School Sites in the City of Mission Viejo as Surplus
Recommended Action: (1) Request for City Council direction to commence analyses, by City personnel and retained consultants, as regards issues relating to General Plan and zoning issues related to the reuse or rezoning of any surplus property; (2) Request for City Council direction regarding consideration of City of Mission Viejo acquisition of any subject surplus site; and (3) Request City Council direction regarding evaluation of and recommendation regarding conformance of Saddleback Valley Unified School District to the requirement of the California Open Meetings Law (Brown Act).

COUNCIL MEMBER COMMENTS AND ACTIONS

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

Council Member Kelley
Council Member Reardon
Council Member Schlicht
Mayor Pro Tem Ury
Mayor Leckness

Adjournment to Monday, May 16, 2011, 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.