City Council Agenda - 11/06/06

ALERT! - See Item #12 below. This is an attempt to destroy the independence of the city clerk’s office. Remember what happened under Dan Joseph with his wife as city clerk. Call your councilmember and urge them to vote NO on this power grab.

MISSION VIEJO AGENDA

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

 November 6, 2006, at 5:00 P.M.

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

Roll Call:

Council/Agency Member Kelley
Council/Agency Member Ledesma
Council/Agency Member Reavis
Mayor Pro Tempore/Vice Chair Ury
Mayor/Chair MacLean

Invocation, Pledge of Allegiance, Musical Presentation, Presentations, Public Comments, and Public Hearings will be held at 6:00 p.m. or as soon as possible thereafter.

CLOSED SESSION

P1. Conference with City Attorney Concerning One Matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Jose Guadalupe Gomez Mejia; Orange County Community Housing Corporation; Public Law Center v. City of Mission Viejo.

REPORT OF CLOSED SESSION

INVOCATION:  Council/Agency Member Kelley  

PLEDGE OF ALLEGIANCE: Council/Agency Member Ledesma

MUSICAL PRESENTATION: Diane Schuur

PRESENTATIONS

P1. Recognize JoAnn Hayden and Geof English for Their Exemplary Display of Outstanding Character Traits (0410-80)

Recommended Action: Present Community of Character Awards.

P2. Recognize Three Local Businesses for Their Generosity and Assistance With the Community of Character Program

Recommended Action: Present Community of Character Awards.

PUBLIC COMMENTS

Request-to-speak forms must be turned in before the Mayor announces this agenda item. Each speaker may be allotted three minutes. This portion of the agenda is limited to thirty minutes. Any remaining public comments will be heard at the end of the meeting.)

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 (0410-60)

Recommended Action: Approve the Open Session Minutes for the Regular Meeting of October 16, 2006, as presented or amended.

3.Number not used

4.Check Register Dated October 6, 2006, in the Amount of $946,798.43 (0300-30)

Recommended Action: Ratify the accompanying check register.

5.Check Register Dated October 13, 2006, in the Amount of $938,487.71 (0300-30)

Recommended Action: Ratify the accompanying check register.

6.Check Register Dated October 20, 2006, in the Amount of $1,342,810.39 (0300-30)

Recommended Action: Ratify the accompanying check register.

7.Fiscal Year 2005 Buffer Zone Protection Program

Recommended Action: (1) Authorize the City Manager to execute a contract with the County of Orange to Transfer funds for the Fiscal Year 2005 Buffer Zone Program Purposes and (2) adopt Resolution 06-XX Amending the Fiscal Year 2006–2007 Budget for Expenses Related to the Buffer Zone Protection Program Equipment Purchase.

8.Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10)

Recommended Action: Approve Change Order 4 to Robert R Coffee Architect and Associates in the amount of $15,000 for additional reimbursable design costs for the Norman P. Murray Center Expansion.

9.Request to Close Mission Viejo Library, the Mission Viejo Animal Shelter, and the Norman P. Murray Community and <<Senior> <Center>> on Sunday, December 24, 2006

Recommended Action: Approve request to close the Mission Viejo Library, the Mission Viejo Animal Shelter, and the Norman P. <Murray> Community and <<Senior> <Center>> Sunday, December 24, 2006.

10.Donation Policy for City Parks and Recreation Facilities and Programs

Recommended Action: Direct Staff to develop a Donation Policy for city parks and recreation facilities and programs.

11.Consulting Services Associated with the Transportation Corridor Agencies and the City of Mission Viejo

Recommended Action: Authorize staff to issue a purchase order to RBF Consulting (contract number DT-51) for professional consulting services associated with ongoing Transportation Corridor Agencies issues in an amount not to exceed $42,000.

12.Ordinance Designating the City Manager as the Appointment Authority for the City Clerk

Recommended Action: Introduce Ordinance 06-XX Amending Section 2.10.010 of the Mission Viejo Municipal Code Relating to the Authority of the City Manger to Appoint, Discipline or Dismiss the City Clerk.

13.Retiree Health Benefits for New Employees

Recommended Action: (1) Adopt Resolution 06-XX, to Approve Adoption of “Supplemental Health Account for Retired Employees (SHARE) Plan of the City of Mission Viejo Benefit Trust” Effective January 1, 2007; and (2) adopt Resolution 06-XX, to Approve Mandatory Employee Contributions and City of Mission Viejo Contributions to the Supplemental Health Account for Retired Employees (SHARE) Plan of the Retiree Benefit Trust effective January 1, 2007.

14.Employment Contract for Assistant City Manager/Director of Administrative Services, Irwin Bornstein

Recommended Action: Adopt Resolution 06-XX Approving an Employment Agreement with Mr. Irwin Bornstein.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

15.Orange County Fire Authority (OCFA) Report (0410-40)

Recommended Action: Receive the report.

16.Foothill/Eastern Transportation Corridor Agency Report (0410-40)

Recommended Action: Receive the report.

17.San Joaquin Hills Transportation Corridor Agency Report (0410-40)

Recommended Action: Receive the report.

17A.Senior Transportation Ad Hoc Committee (0410-40)

Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

18.Emergency Communications Overview

Recommended Action: Receive and file

City Attorney’s Report

19.Amendment to City Council Policy 0400-01 Regarding Claims Against the City

Recommended Action: As necessary.

COUNCIL MEMBER COMMENTS

20.Council Member Reports of Events and Activities Attended (AB 1234) (0480-70)

Recommended Action: Receive reports.

Council/Agency Member Kelley

21.Concentration of Residential Community Care Facilities

Recommended Action: Direct staff to analyze the over concentration of residential community care facilities. Recommend to the State Legislature that compaction standards be revised to increase the distance of such facilities in the future.

Council/Agency Member Ledesma

Council/Agency Member Reavis

Mayor Pro Tempore/Vice Chair Ury

Mayor/Chair MacLean

22.An Ordinance Regulating the Use of Single Family Dwelling Structures; Local Regulation of Housing and State Preemptive Issues

Recommended Action: Direct the City Attorney’s office to review and recommend an ordinance for use of Single Family Dwelling Structures.

ADJOURNMENT TO WEDNESDAY NOVEMBER 15, 2006 AT 6:00 P.M. FOR A JOINT WORKSHOP WITH THE PLANNING AND TRANSPORTATION COMMISSION REGARDING THE CITY’S HOUSING ELEMENT

NOTE: 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