City Council Agenda - 08/15/11

MISSION VIEJO AGENDA

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

August 15, 2011, at 5:00 PM (Closed Session Business)
August 15, 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: Council Member Schlicht

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. Piano Performance by Carl Hankey Middle School Student Shelby Wong
Recommended Action: Receive performance.

P2. Certificate of Appreciation to Robert Minich
Recommended Action: Present certificate.

P3. Recognize Mission Viejo’s Community Recycling Program Award Winners
Recommended Action: Receive presentation from Waste Management.

P4. Adopted Headquarters Battalion of the 1st Marine Division Quarterly Recognition
Recommended Action: Present certificates of commendation to Lance Corporal Daniel Godina and Sergeant Cory L. Kingston.

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: (1) Approve the Minutes for the regular City Council Meeting of July 5, 2011, as presented or as amended; and (2) approve the Minutes for the special City Council Meeting of August 3, 2011, as presented or as amended.

3. Check Register dated June 17, 2011 in the amount of $2,111,737.32
Recommended Action: Ratify the accompanying check register.

4. Check Register dated June 24, 2011 in the amount of $814,829.66
Recommended Action: Ratify the accompanying check register.

5. Check Register dated July 1, 2011 in the amount of $2,312,561.80
Recommended Action: Ratify the accompanying check register.

6. Check Register dated July 8, 2011 in the amount of $1,219,665.79
Recommended Action: Ratify the accompanying check register.

7. Check Register dated July 15, 2011 in the amount of $1,864,060.39
Recommended Action: Ratify the accompanying check register.

8. Check Register dated July 22, 2011 in the amount of $1,111,408.64
Recommended Action: Ratify the accompanying check register.

9. Check Register dated July 29, 2011 in the amount of $2,152,500.41
Recommended Action: Ratify the accompanying check register.

10. City Treasurer's Monthly Report for May 2011
Recommended Action: Receive and file.

11. City Treasurer's Monthly Report for June 2011
Recommended Action: Receive and file.

12. Community Development Agency Treasurer's Monthly Report for May 2011
Recommended Action: Receive and file.

13. Community Development Agency Treasurer's Monthly Report for June 2011
Recommended Action: Receive and file.

14. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for May 2011
Recommended Action: Receive and file.

15. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for June 2011
Recommended Action: Receive and file.

16. Mission Viejo Housing Authority (MVHA) Treasurer's Monthly Report for June 2011
Recommended Action: Receive and file.

17. Microsoft Licensing Renewal Agreement
Recommended Action: Approve issuance of a purchase order to CompuCom for such services for 2011-12 in the amount of $74,478.43.

18. Change in Meeting Date for Regular Planning Commission Meetings
Recommended Action: Adopt Resolution 11-XX Changing the Established Meeting Date for the Planning Commission.

19. Parking Restrictions on Bellogente South of Crown Valley
Recommended Action: Adopt Resolution 11-XX To Install Parking Restrictions on Bellogente.

20. Revisions to Certain Personnel Policies
Recommended Action: Adopt Resolution 11-XX, Providing for the Establishment of and Revisions to Personnel Policies

21. Agreement for Human Resources Consulting Services
Recommended Action: Approve the Human Resources Consulting Services Agreement with Christopher B. Birch in an amount not to exceed $92,000 during the 2011-13 two year budget.

22. Claim Against the City - Matt O'Malley
Recommended Action: Reject claim.

23. Safe Routes to School (CIP 208): Pedestrian/Bicycle Safety and Circulation Plans-Capistrano Unified School District
Recommended Action: Issue a purchase order in an amount not to exceed $227,504 to RBF Consulting for transportation engineering services to perform the Safe-Route-To-School (SRTS) project for the schools in the Capistrano Unified School District (CUSD).

24. Safe Routes to School (CIP 208): Pedestrian/Bicycle Safety and Circulation Plans-Saddleback Valley Unified School District
Recommended Action: Issue a purchase order in an amount not to exceed $191,205 to Fehr & Peers for transportation engineering services to perform the Safe-Route-To-School (SRTS) project for the schools in the Saddleback Valley Unified School District (SVUSD).

25. 2011 Residential Resurfacing (CIP 838)-Slurry Seal
Recommended Action: (1) Award the construction contract for the subject project to Pavement Coatings Company in the amount of $167,300, and (2) Adopt Resolution 11-XX Amending the Fiscal Year 2011–2012 Budget for Revenues and Costs Related to Capital Improvement Project 838.

26. Annual Graffiti Removal, Steam Cleaning, Painting, and Sealing Services
Recommended Action: (1) Award contract for the subject services to Bonanza Steam Cleaning, Inc. for a period of September 1, 2011 through June 30, 2013 in amount not to exceed $94,000.00; and (2) authorize issuance of a purchase order to Bonanza Steam Cleaning, Inc. for a period of September 1, 2011 through June 30, 2012 in an amount not to exceed $47,000.00.

27. Provide Permission to Athens Street Sweeping to Use the City Contracted Rate for Trash Disposal Tipping Fees
Recommended Action: Allow Athens Street Sweeping to use the city's contracted rate to dump waste generated from street sweeping efforts at the Orange County Waste and Recycling Landfill.

28. 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 Tom Bistline Construction Inc., for the period of September 1, 2011 to June 30, 2013 in an amount not to exceed $528,000.00; (2) authorize the issuance of a purchase order for the period of September 1, 2011 through June 30, 2012 in an amount not to exceed $429,000.00; and (3) approve license agreement with Tom Bistline Inc., for the period of September 1, 2011 through June 30, 2013.

PUBLIC HEARINGS

29. Appeal filed by Council Member Cathy Schlicht and Council Member Rhonda Reardon of the Planning and Transportation Commission's July 11, 2011 approval of Planned Development Permit PDP2010-232 and Minor Exception ME2011-99, being petitions submitted by Tom Bergerson, agent for UDR Pacific Los Alisos LP, to demolish an existing 120,000 sq. ft. (approx.) former K-Mart building and construct a three-level apartment complex on 10.83 acres at 28601 Los Alisos Boulevard, in the RPD 30 (Residential Planned Development) zone. The project will consist of 320 apartments and 671 parking spaces, of which 525 will be in a three-level parking structure with roof deck parking. Of the development's 320 units, 48 units are proposed as affordable at very low and low income. Minor Exception ME2011-99 is submitted to allow a height increase for some minor architectural details and chimney vents above the City's 35-foot height limit. This project will replace a previously approved project by UDR for 250 for-sale town home units at this site which has expired.
Recommended Action: Confirm Planning and Transportation Commission’s Action by Denying the Appeal and Adopting Resolution 11-XX Approving Planned Development Permit PDP2010-232 and Minor Exception ME2011-99, and by Adopting a Mitigated Negative Declaration for Proposed Project.

30. Public Hearing to Consider All Objections to the Proposed Abatement of Weeds on Parcels Less than One Acre for the Annual Weed Abatement Program 2011 - Phase 2
Recommended Action: Instruct the Public Services Department to proceed and perform the removal of weeds in accordance with Sections 39568 through 39588 of the Government Code.

OLD BUSINESS

31. Ordinance Electing to Comply With and Participate in the Alternative Voluntary Redevelopment Program Contained in Part 1.9 of Division 24 of the California Health and Safety Code; Resolution of Enforceable Obligations Payment Schedule; and Resolution Making an Election in Connection with Serving as Successor Agency
Recommended Action: (1) Adopt Ordinance 11-291 Electing to Comply with and Participate in the Alternative Voluntary Redevelopment Program Contained in Part 1.9 of Division 24 of the California Health and Safety Code; (2) adopt Resolution of 11-XX Adopting an Enforceable Obligation Payment Schedule Pursuant to part 1.8 of Division 24 of the California Health and Safety Code and Taking Certain Actions in Connection Therewith; and (3) adopt Resolution 11-XX Making an Election in Connection with Serving as a Successor Agency Under Part 1.85 of Division 24 of the California Health and Safety Code and Taking Certain Actions in Connection Therewith.

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

32. Voting Delegate and Alternate for the 2011 League of California Cities Annual Conference
Recommended Action: That the Mayor appoint a voting delegate and alternate for the League of California Cities Conference Annual Business Meeting on September 23, 2011.

33. Investment Advisory Commission Appointment
Recommended Action: That Mayor Pro Tem Ury nominate and the City Council ratify one member to the Investment Advisory Commission.

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

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

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

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

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS AND ACTIONS

38. 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 Tuesday, September 6, 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.