City Council Agenda - 10/03/11

MISSION VIEJO AGENDA

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

October 3, 2011, at 5:00 PM (Closed Session Business)
October 3, 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 Leckness

INVOCATION: Mayor Pro Tem Ury

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, Keith Rattay, 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.

CS2. Labor Negotiations—The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957 and 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 Gene Orr for 35 Years of Service to the Community as Owner of Big O To Go Pizza
Recommended Action: Present certificate of commendation to Gene Orr, owner of Big O To Go Pizza.

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 September 19, 2011, as presented or as amended.

3. Check Register dated September 9, 2011 in the amount of $1,756,500.19
Recommended Action: Ratify the accompanying check register.

4. Check Register dated September 16, 2011 in the amount of $1,680,312.02
Recommended Action: Ratify the accompanying check register.

5. Quarterly Financial Report for the City of Mission Viejo - Fourth Quarter of 2010-11 (Preliminary-Unaudited)
Recommended Action: Receive and file.

6. Quarterly Financial Report for the Community Development Agency (CDA) - Fourth Quarter of 2010-11 (Preliminary-Unaudited)
Recommended Action: Receive and file.

7. Semi-Annual Financial Reports for the Community Development Financing Authority (CDFA) - For the Year Ended June 30, 2011 (Preliminary-Unaudited)
Recommended Action: Receive and file.

8. Purchase and Implementation of Computer Network Switches
Recommended Action: (1) Approve a purchase order with Resilient Communications for the purchase of Cisco equipment in the amount of $178,983.12 and (2) approve agreement with Resilient Communications for purchase of professional services in the amount of $4000.

9. Second Amendment to Agreement with AECOM for Professional Services; Time Extension Only, No Further Funds
Recommended Action: Authorize the City Manager to Sign the Second Amendment of Agreement with AECOM for the Period from August 16, 2011 to August 16, 2013, or as necessary to complete all legally required analysis.

10. Voluntary Alternative Redevelopment Program Ordinance
Recommended Action: Adopt Ordinance 11-291 Electing to Comply with and Participate in the Voluntary Alternative Redevelopment Program Contained in Division 24, Part 1.9 of the California Health and Safety Code.

11. Employment Contract for Assistant City Manager/Director of Public Services, W. Keith Rattay
Recommended Action: Adopt Resolution 11-XX Approving an Employment Agreement with Mr. W. Keith Rattay.

12. Maintenance of Traffic Signals and Appurtenance, Interconnect, Flashing Beacons, Illuminated Street Name Signs, Safety Lights and CCTV Cameras-Contract Extension
Recommended Action: Approve Sixth Amendment to Contract A07-48 with Republic ITS extending the term of the contract to December 31, 2011.

13. Montanoso Drive Neighborhood Traffic Management Program, Phase 2 (CIP 779)
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.

14. Oso Parkway Widening, I-5 to Country Club Drive (CIP 791)-Acquisition of Right-of-Way
Recommended Action: Adopt Resolution 11-XX Amending the Fiscal Year 2011–2012 Budget for Costs Related to Capital Improvement Project 791.

PUBLIC HEARINGS

OLD BUSINESS

15. City of Mission Viejo Community Facilities District No. 92-1 (La Paz Channel) 2011 Special Tax Refunding Bonds
Recommended Action: (1) Adopt City of Mission Viejo Resolution No. 2011-XX Authorizing Issuance of Community Facilities District No. 92-1 (La Paz Channel) 2011 Special Tax Refunding Bonds, and Approving related Documents and Actions; (2) Adopt Community Development Financing Authority (CDFA) Resolution No. 2011-XX Authorizing the Execution and Delivery of an Escrow Deposit and Trust Agreement relating to certain 1999 Local Agency Revenue Bonds, and Approving related Actions; (3) Approve the selection of Fieldman Rolapp & Associates as financial advisor at a cost not to exceed $28,500 including expenses, Quint & Thimmig LLP as bond and disclosure counsel at a fee not to exceed $55,000, and Stone & Youngberg at a cost not to exceed $9.853 per $1,000 of bonds.

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

STAFF REPORTS

City Manager’s Report

19. FY 2010-11 General Fund Operating Surplus
Recommended Action: Consider and discuss options available for use of the FY 20110-11 General Fund Operating Surplus and provide direction to staff.

20. One Time Exemption to Municipal Code Chapter 13.04, Sec.13.04.030 (n) Prohibiting Individuals From Being in any Park Overnight
Recommended Action: Approve a one time exemption to Municipal Code Chapter 13.04 Sec.13.04.030 (n) prohibiting individuals from being in any park overnight.

City Attorney’s Report

COUNCIL MEMBER COMMENTS AND ACTIONS

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

22. Appointment of Ad Hoc Committee of the CDA/City Council to Review Proposals Received in Response to RFP for Site C
Recommended Action: That Mayor Leckness appoint Two Members of the CDA/City Council to Serve on the Ad Hoc Committee.

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

Adjournment to Monday, October 17, 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.