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MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
May 19, 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: Mayor Kelley
INVOCATION: Mayor Pro Tem Ury
Presentations, Public Hearings, and General Business will be held at 6:00 p.m. or as soon as possible thereafter
CLOSED SESSION
CS1. Conference with Legal Counsel-Anticipated Litigation–Significant Exposure to Litigation pursuant to Subdivision (b) of Section 54956.9: One Case. Documentation of threat of litigation in City claims file.
CS2. Conference with City Attorney Concerning One Matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Pacific Bell Telephone Company, dba AT&T California v. City of Mission Viejo et al. Case Number SACV08-0255.
CS3. 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. Proclaim May 2008 as National Save a Teen Month
Recommended Action: Present Proclamation.
P2. Recognize May 2008 as Water Awareness Month
Recommended Action: Present Proclamations to El Toro, Moulton Niguel, and Santa Margarita Water Districts.
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 declared 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 May 5, 2008, as presented or as amended.
3. Check Register dated April 11, 2008, in the amount of $1,049,684.74
Recommended Action: Ratify the accompanying check register.
4. Check Register dated April 25, 2008, in the amount of $2,378,841.44
Recommended Action: Ratify the accompanying check register.
5. Check Register dated May 2, 2008, in the amount of $1,578,922.62
Recommended Action: Ratify the accompanying check register.
6. City Treasurer’s Monthly Report for March 2008
Recommended Action: Receive and file.
7. Community Development Agency Treasurer’s Monthly Report for March 2008
Recommended Action: Receive and file.
8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for March 2008
Recommended Action: Receive and file.
9. Quarterly Financial Report for the City of Mission Viejo - Third Quarter of FY 2007-08
Recommended Action: Receive and file.
10. Quarterly Financial Report for the Community Development Agency - Third Quarter of FY 2007-08
Recommended Action: Receive and file
11. Oso/Marguerite Intersection Improvements (CIP 844)
Recommended Action: (1) Approve the four easement acquisition agreements at a total cost of $694,874 and accept the associated easement deeds; (2) authorize the City Clerk to record the easement deeds in the office of the County Recorder; and (3) authorize the approval of Change Order 1 to Purchase Order 060319 to Charles Abbott Associates, Inc., in the amount of $25,000 for additional contract administration services.
12. Master Plan of Arterial Highways: Biennial Consistency Determination
Recommended Action: (1) Adopt Resolution 08-XX concerning the status of the Circulation Element for the City of Mission Viejo; and (2) direct staff to transmit said resolution to the Orange County Transportation Authority by June 30, 2008, to maintain the City's eligibility in receiving Fiscal Year 2008–2009 Measure M local turnback funds.
13. Annual Weed Abatement Program for Parcels Under One Acre - Year 2008 - Phase 1
Recommended Action: (1) Adopt Resolution 08-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 July 7, 2008.
14. Playground Renovations (CIP 303) - Oso Viejo Community Park
Recommended Action: (1) Authorize the City Clerk to record 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 or by the City and (2) authorize the payment of the final retention of $ 25,533.20 35 days after the date of recordation of the Notice of Completion.
15. 2008 Fourth of July Community Street Faire
Recommended Action: Approve the Special Events Permit submitted by the Mission Viejo Activities Committee authorizing the annual Mission Viejo Fourth of July Community Street Faire on Friday, July 4, 2008.
16. Proposition 1B Funding Agreement with the County of Orange
Recommended Action: Approve Proposition 1B Funding Agreement No. D08-037 with the County of Orange.
17. Renewal of Prosecution Services Agreement
Recommended Action: Approve the agreement for prosecution services with the Orange County District Attorney for the period of July 1, 2008 through June 30, 2013, as back-up resources to the City Attorney's Office.
18. Providing Animal Services to the City of Aliso Viejo
Recommended Action: Direct staff to submit a draft agreement and proposal to the City of Aliso Viejo to provide annual Animal Services for their review.
19. Support of the Crown Valley Widening Project (Cabot Road to Interstate 5) and Request for Federal Funding for Project Construction
Recommended Action: Adopt Resolution 08-XX Supporting the Crown Valley Parkway Widening Project (Cabot Road to Interstate 5) and requesting Federal Financial Assistance for Project Construction.
PUBLIC HEARINGS
OLD BUSINESS
20. Social Host Underage Drinking Regulatory Ordinance
Recommended Action: Introduce Ordinance No. 08-XXX Adding Chapter 11.22 of Title 11 of the Mission Viejo Municipal Code Providing for Social Host Underage Drinking Accountability
21. Ordinance Regarding Multiple Responses to Loud or Disruptive Parties, Gatherings or Events
Recommended Action: Introduce Ordinance 08-XX Adding Chapter 11.23 to the Mission Viejo Municipal Code Regarding Multiple Responses to Loud or Disruptive parties, Gatherings, or Events.
22. Urgency Ordinance Related to Excavations, Encroachments and Obstructions in Public Right-of-Way and for Standards Above Grade Facilities and an Ordinance Relating to Holders of State Video Franchises
Recommended Action: (1) Introduce Urgency Ordinance 08-XX Amending the Municipal Code by (1) Repealing Chapter 14.03 of Title 14 and Adding a New Chapter 14.03 Relating to Excavations, Encroachments, and Obstructions in the Public Right-of-Way; and (2)Adding a New Chapter 9.31 to Article III of Title 9 Relating to Standards for Above-Grade Facilities, and Declaring the Urgency Thereof; and (2) Introduce Ordinance 08-XXX Amending Section 5.04.400 of Chapter 5.04 of the Municipal Code Relating to Special Provisions Applicable to Holders of State Video Franchises.
NEW BUSINESS
23. City Council Communication with Auditors
Recommended Action: Determine whether to create an Audit Committee to fulfill the requirements of AICPA Statement of Auditing Standards (SAS) No. 114.
ITEMS REMOVED FROM THE CONSENT CALENDAR
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
24. Orange County Fire Authority (OCFA) Report
Recommended Action: Receive the report.
25. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive the report.
26. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive the report.
27. Vector Control Board Report
Recommended Action: Receive the report.
STAFF REPORTS
City Manager’s Report
City Attorney’s Report
COUNCIL MEMBER COMMENTS
28. Council Member Reports of Events and Activities Attended
Recommended Action: Receive reports.
Council Member Ledesma
29. Support of Proposition 98
Recommended Action: (1) That the City Council Adopt the following Resolution and (2) transmit the position of support for Proposition 98 to the proponents of Proposition 98.
Council Member MacLean
Council Member Reavis
Mayor Pro Tem Ury
30. Elimination of Current and Future City Council Members from Eligibility for Lifetime Medical Benefits
Recommended Action: Approve an Amendment to the Council Policies to Eliminate Current and Future Council Members from Eligibility in the Mission Viejo Employee Retiree Medical Benefit Program
Mayor Kelley
Adjournment to Monday, June 2, 2008, at 5:00 PM to the Norman P. Community and Senior Center Palo Verde Room with Closed Session being held in the Hibiscus Room.
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.
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