City Council Agenda - 02/04/08

Pay special attention to item CS1. If approved, this will put the city in the slum lord business. Also, item #14 is a waste of money in that SCAG duplicates other organizations’ so-called benefits.

Minutes of this meeting are available here

MISSION VIEJO AGENDA

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

February 4, 2008, at 5:00 PM

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

*Note: All Board and Agency memberships are reflected in the title “Council Member.”

ROLL CALL:
Council Member Ledesma
Council Member MacLean
Council Member Reavis
Mayor Pro Tem Ury
Mayor Kelley

PLEDGE OF ALLEGIANCE: Council Member MacLean

INVOCATION: Chaplain Richard Atkinson

Presentations, Public Hearings, and General Business will be held at 6:00 p.m. or as soon as possible thereafter

CLOSED SESSION

CS1. Section 54956.8 (Conference with Real Property Negotiator). Property: An approximate 10.5 acre parcel of real property identified as Assessor Parcel No. 809 541 11, Parcel Map No. 81-159 generally situated easterly of the intersection of Jeronimo Road and Los Alisos Boulevard in the City of Mission Viejo co-owned by The Steadfast Companies with Target Corporation. City and CDA Negotiator's: Dennis Wilberg, City Manager/CDA Executive Director; Charles Wilson, Director of Community Development; James Williams, Economic Advisor; Celeste Brady, CDA Counsel; and William Curley, III, Esq., City Attorney. Negotiating Parties: City and/or CDA Negotiators on behalf of both the City of Mission Viejo and the Community Development Agency of the City of Mission Viejo; Ralph Deppisch, The Steadfast Companies, and Brad Syverson, Vice President, Target Corporation. Under Negotiation: Potential acquisition and/or disposition of real property interests for long term affordable ownership housing and the price and terms of payment therefore related to the above-listed Property and alternatively acquisition of Targets ownership interest in the site. Factors Affecting Price and Terms under Negotiation: (1) Recorded covenants, (2) Scope of development of Property, (3) Affordable housing requirements, and (4) interests claimed by Target Corporation. Factors affecting time of payment: (1) Conditions to closing, (2) Due diligence period, (3) Schedule of Development and Development of Affordable Housing, and (4) City or Agency financing.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Recognize 2007 Employees of the Year
Recommended Action: Present plaques to (1) Senior Public Services Contracts Administrator Bruce Trexler, City of Mission Viejo Employee of the Year; (2) Investigator Thomas Mandala, Orange County Sheriff’s Department Employee of the Year; and (3) Fire Captain Gary Lee, Orange County Fire Authority Employee of the Year.

P2. Recognize Richard Atkinson as Chaplain of the Year for the Orange County Sheriff's Department
Recommended Action: Present Certificate of Commendation.

PUBLIC COMMENTS

Request-to-speak forms must be turned in before the Mayor announces this agenda item. Each speaker may be allotted three minutes

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 City Council Meeting of January 21, 2008, as presented or as amended.

3. Check Register dated January 11, 2008, in the amount of $1,386,483.49
Recommended Action: Ratify the accompanying check register.

4. Check Register dated January 18, 2008, in the amount of $2,477,528.17
Recommended Action: Ratify the accompanying check register.

5. Amendment to the California Public Employees' Retirement System (CalPERS) contract to provide Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit).
Recommended Action: (1) Adopt Resolution 08-XX Giving Notice of Intention to Approve an Amendment to Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Mission Viejo; and ( 2) Introduce Ordinance 08-XXX 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.

6. City Council/Personnel Policies Regarding Retiree Health Insurance Benefits
Recommended Action: Adopt Resolution 08--XX Amending the Employee Compensation Section of the Management and Budget Policies, Amending the City Council Policy Manual to include said Revisions, and Adopting a Personnel Policy regarding Retiree Health Insurance Benefits.

7. Trust Agreement Governing the City of Mission Viejo Benefit Trust
Recommended Action: Approve Resolution 08-XX to Adopt the Trust Agreement Governing the City of Mission Viejo Benefit Trust, effective January 1, 2008

8. General Plan Progress Report for 2007
Recommended Action: Receive and file report.

9. Olympiad Road Pavement Rehabilitation (CIP 201)
Recommended Action: Award the construction contract in the amount of $427,548 for the subject project to Ortiz Asphalt Paving, Inc.

10. Rate Adjustment for Solid Waste Delivered to Southeast Resource Recovery Facility
Recommended Action: Adopt Resolution 08-XX Approving the Proposed Rate Adjustment for Solid Waste Delivered to Southeast Resource Recovery Facility (Waste-to-Energy) for Disposal (from $58.10 to $61.83) Effective Immediately.

11. Animal Shelter Shade Structure (CIP 301)
Recommended Action: (1) Reject all bids for subject services and (2) direct staff to re-bid the project.

PUBLIC HEARINGS

OLD BUSINESS

12. Capistrano Unified School District (CUSD) Correspondence Regarding Funding Utilization and Expenditures
Recommended Action: As necessary.

NEW BUSINESS

13. Southern California Association of Governments (SCAG) Draft 2008 Regional Transportation Plan (RTP)
Recommended Action: (1) Receive presentation, and (2) authorize the City Manager to transmit a letter of comment to SCAG on the draft 2008 Regional Transportation Plan, prior to the February 19, 2008 deadline for comment (Attachment 1).

14. Membership in the Southern California Association of Governments (SCAG)
Recommended Action: If the City Council favors joining SCAG, the recommended action is to approve an agreement with SCAG and designate two Councilmembers to serve as Delegate and Alternate representatives for the General Assembly Business session on May 8, 2008.

15. Interim and Urgency Ordinance Prohibiting Above Surface Equipment (Telecommunications) Within Public Right-of-Way
Recommended Action: Adopt Urgency Ordinance 08-XXX Declaring and Imposing a Moratorium on the Issuance of Encroachment Permits or Similar Entitlements for, and the Construction of, all Equipment Cabinets of Video Service Providers Proposed to be Located Above Grade Within the Public Right-Of-Way During the Term of This Interim Ordinance, and Declaring the Urgency Thereof.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

19. Vector Control Board Report
Recommended Action: Receive report.

STAFF REPORTS

City Manager’s Report

20. Laguna Niguel/Mission Viejo Metrolink Station
Recommended Action: Review letter from the City of Laguna Niguel to the Orange County Transportation Authority and provide comments.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

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

Council Member Ledesma

22. Mission Viejo Solar Energy Education Project
Recommended Action: (1) Adopt the “Mission Viejo Solar Energy Education Project”, (2) direct staff to determine what may be done by the City to assist residents in obtaining the lowest price possible on solar systems, and (3) make the fee waiver for solar power implementation permanent

Council Member Reavis
Council Member MacLean
Mayor Pro Tem Ury
Mayor Kelley

Adjournment to Monday, February 18, 2008, at 5:00 PM

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.