City Council Agenda - 06/06/11

MISSION VIEJO AGENDA

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

June 6, 2011, at 5:00 PM (Closed Session Business)
June 6, 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: Council Member Schlicht

INVOCATION: Council Member Reardon

PUBLIC COMMENTS

NEW BUSINESS

1. City Council Consideration of Acquiring a Leasehold Interest in the O'Neill Elementary School Pursuant to the Naylor Act Offer Made by the Saddleback Valley Unified School District
Recommended Action: Discussion and decision regarding acquisition of the leasehold interest; direction to staff

CLOSED SESSION

CS1. Conference with the City’s Real Property Negotiators Pursuant to Government Code Section 54956.8. Real property Denoted as Assessor’s Parcel No. 784-291-01 with a Common Street Address of 24701 San Doval, Mission Viejo, California, Commonly Known as O’Neill Elementary School Owned by Saddleback Valley Unified School District The Negotiating Parties are: City of Mission Viejo; Dennis Wilberg, City Manager, Irwin Bornstein, Assistant City Manager, Charles Wilson, Director of Community Development, and William Curley, III, City Attorney. Owner Negotiators are: Saddleback Valley Unified School District, Clint Harwick, Superintendent. Under Negotiation will be the Price and Terms of a Lease-Hold Interest in the Real Property. (Only if City Council approves and directs negotiation in the prior Open Session Item).

CS2. 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. Adoptable Pets of the Month
Recommended Action: Receive presentation on adoptable pets at the Mission Viejo Animal Services Center.

P2. Recognize Waste Management for their $4,268.55 Donation to the Friends of the Mission Viejo Library
Recommended Action: Receive donation and present certificate of appreciation to Waste Management.

P3. Recognize the Mission Viejo High School Diablos Varsity Baseball Team for Their Championship Win at the Division 2 CIF Finals at Dodgers Stadium on Thursday, June 2, 2011
Recommended Action: Present certificates of recognition to the coaches and team members.

P4. Recognize “What the Constitution Means To Me” Essay Winners
Recommended Action: Present certificates for recognition.

PUBLIC COMMENTS (Continued)

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 from the regular City Council Meeting of May 16, 2011, as presented or as amended.

3. Check Register dated May 6, 2011, in the amount of $736,896.31
Recommended Action: Ratify the accompanying check register.

4. Check Register dated May 13, 2011, in the amount of $545,559.48
Recommended Action: Ratify the accompanying check register.

5. Check Register dated May 20, 2011, in the amount of $1,435,458.46
Recommended Action: Ratify the accompanying check register.

6. Pension Reform Ordinance
Recommended Action: Adopt Ordinance 11-289 Authorizing an Amendment to the Contract Between the City Council of the City of Mission Viejo and the Board of Administration of the California Public Employees' Retirement System.

7. Senior Appointee Vacancy on the Community Services Commission
Recommended Action: Receive the letter of resignation from Community Services Commissioner Senior Appointee John Maginnis, and direct the City Clerk to schedule appointment of a new member for the City Council Meeting of June 20, 2011.

8. Playground, Parkland, and Facility Infrastructure Maintenance and Repair
Recommended Action: (1) Award contract for the subject services to Jamey Clark, Inc. for the period of July 1, 2011, through June 30, 2013, in the amount of $ 676,000.00; and (2) authorize issuance of a purchase order to Jamey Clark, Inc. for the period of July 1, 2011, through June 30, 2012, in an amount not to exceed $ 338,000.00 pending adoption of the 2011-2013 budget by City Council.

9. Annual Routine Fleet Vehicle Maintenance Services
Recommended Action: (1) Award a contract to Mission Viejo Services Center, Inc. for Annual Routine Fleet Vehicle Services for the period of July 1, 2011 to June 30, 2013 in an amount not to exceed $106,200.00; and (2) authorize the issuance of a purchase order to Mission Viejo Services Center, Inc. for the period July 1, 2011 to June 30, 2012, in amount not to exceed $53,100.00, pending adoption of the Fiscal Year 2011-2013 budget by the City Council.

10. Playground, Parkland, and Facilities Safety Inspection Services
Recommended Action: (1) Award contract for the subject services to Jamey Clark, Inc. for the period of July 1, 2011, through June 30, 2013, in the amount of $ 282,000.00; and (2) authorize issuance of a purchase order to Jamey Clark, Inc. for the period of July 1, 2011, through June 30, 2012, in an amount not to exceed $ 141,000.00 pending adoption of the 2011-2013 budget by City Council.

11. Annual Weed Abatement Program for Parcels Under One Acre - Year 2011 - Phase 1
Recommended Action: (1) Adopt Resolution 11-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 15, 2011.

12. Annual Road and Flood Control Maintenance Contract
Recommended Action: (1) Approve County Agreement D11-004 with the County of Orange for the period July 1, 2011, through June 30, 2013, in the amount of $1,975,224.00; and (2) authorize issuance of a purchase order to the County of Orange for the period of July 1, 2011, through June 30, 2012, in an amount not to exceed $987,612.00, pending adoption of the 2011-13 Budget by the City Council.

13. Oso Parkway Widening, I-5 to Country Club Drive (CIP 791): Temporary Construction Easements
Recommended Action: (1) Authorize the City Manager to purchase the Temporary Construction Easements (TCEs) from the Mission Viejo Country Club (MVCC) required for the widening of Oso Parkway from I-5 to Country Club Drive for $50,185 utilizing CDA funds; and (2) authorize the City Clerk to record the easement deeds in the office of the County Recorder subject to any minor revisions required by the City Attorney and City Engineer.

14. Residential Resurfacing-Asphalt Overlays (CIP 838)
Recommended Action: (1) Certify the completion of and accept the improvements for the subject project; (2) authorize the City Manager to sign the Notice of Completion; (3) 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 (4) authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion.

15. Residential Resurfacing-Slurry Seal (CIP 838)
Recommended Action: (1) Certify the completion of and accept the improvements for the subject project; (2) authorize the City Manager to sign the Notice of Completion; (3) 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 (4) authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion.

16. Annual Support for Integrated Library System Software and Hardware for the Mission Viejo Library
Recommended Action: Approve payment of Annual Support for Integrated Library System Software and Hardware for the Mission Viejo Library for FY 2011-12 to SirsiDynix in the amount of $33,537.05.

17. Agreement for Professional Services for Housing Rehabilitation Program - Housing Rehabilitation Consulting Services
Recommended Action: Approve Agreement with Housing Rehabilitation Consulting Services from July 1, 2011 to June 30, 2013, in an amount not to exceed $109,000 ($54,500 /year) for Technical Assistance.

18. Youth Services Program Contract
Recommended Action: (1) Approve the Fifth Amendment to the contract with the Saddleback Valley Unified School District (SVUSD) Department of Recreation and Community Services to provide Youth Services Programs through Fiscal Year 2011-12 in the amount of $712,000; and (2) direct staff to develop a plan to transition the management and administration of the Youth Services Program to the City’s Recreation and Community Services Department.

19. Designation of Positions Authorized to Apply for Disaster Assistance
Recommended Action: Adopt Resolution 11-XX Authorizing Certain Positions to Act as Agents for the Purpose of Obtaining Federal Financial Disaster Assistance and/or State Financial Disaster Assistance.

20. FY 2011-12 Law Enforcement Services Agreement and Additional Special Enforcement Services Provided by the Orange County Sheriff's Department
Recommended Action: (1) Approve the FY 2011-12 Law Enforcement Services Agreement with the County of Orange for an amount not to exceed $15,169,689; and (2) authorize the City Manager to approve reimbursements related to special enforcement services in an amount not to exceed $65,000 for FY 2011-12.

21. Third Amendment to the City of Mission Viejo Technical Services Outsourcing Agreement
Recommended Action: Approve the Third Amendment to the City of Mission Viejo Technical Services Outsourcing Agreement with Baker and Taylor, Inc., and issue a purchase order in an amount not to exceed $100,000 for the total term of the two-year Agreement pending approval of the 2011-2013 budget by the City Council.

22. Annual Graffiti Removal, Steam Cleaning, Painting, and Sealing Services
Recommended Action: (1) Reject all bids received for the Annual Graffiti Removal, Steam Cleaning, Painting, and Sealing Services; and (2) approve the Seventh Amendment to the subject contract extending the contract two months and to increase the contract in the amount of $8,000. 

PUBLIC HEARINGS

23. Development Code Amendment DCA2011-15, Being a Proposed Ordinance Amending Section 9.29.220 to Title 9 of the Mission Viejo Municipal Code Pertaining to Subdivision Sales and Model Home Directional Signs
Recommended Action: Introduce Ordinance No. 11-XXX Amending Section 9.29.220 to Title 9 of the Mission Viejo Municipal Code Pertaining to Subdivision Sales and Model Home Directional Signs

24. Service Cost Recovery Study
Recommended Action: Adopt Resolution 11-XX Establishing New Fees for Recreation and Tennis Centers.

OLD BUSINESS

NEW BUSINESS (Continued)

25. City Council Communication with Auditors
Recommended Action: Receive correspondence from Lance, Soll & Lunghard, LLP, the City’s independent auditors, regarding the upcoming financial statement audit for the fiscal year ending June 30, 2011, and determine whether the City is in agreement with the planned scope and timing of the audit.

26. Draft Orange County Sustainable Communities Strategy
Recommended Action: Receive and file.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

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

STAFF REPORTS

City Manager’s Report

31. Proposed 2011-13 Budget for the City of Mission Viejo
Recommended Action: Receive the Proposed 2011-13 Budget and formally set Wednesday, June 15 at 6 pm for a budget workshop.

City Attorney’s Report

COUNCIL MEMBER COMMENTS AND ACTIONS

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

Council Member Kelley
Council Member Reardon

Council Member Schlicht

33. Repair Pool Decking at the Marguerite Tennis and Swim Center
Recommended Action: For the Preservation of the Public Health, Safety and Welfare, have staff return within 90 days with a process to begin the completion of the city’s contractual obligation, so that at the conclusion of the 2012 Summer Olympics, the city can repair the pool decking of the city owned swimming facility leased to the Mission Viejo Nadadores Foundation.

Mayor Pro Tem Ury
Mayor Leckness

Adjournment to Wednesday, June 15, 2011, at 6:00 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.