City Council Agenda - 11/17/08

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*

November 17, 2008, at 5:00 PM (Closed Session Business)
November 17, 2008, 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, 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: Council Member Ledesma

CLOSED SESSION

CS1. Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9 (One Potential Case: Brown Act Challenge; Rose Parade Float Ad Hoc Committee; Letter on File in City Clerk's Office).

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Community of Character Awards to Sharon Cody
Recommended Action: Present Community of Character Award.

P2. Certificate of Appreciation to the Karen Mattes
Recommended Action: Present Certificate of Appreciation.

P3. Community of Character Award to the Mission Viejo Football Team
Recommended Action: Present Community of Character Award.

P4. Introduction of 2009 Rose Parade Float Riders
Recommended Action: Introduce float riders.

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: Approved 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 Meeting of November 3, 2008, as presented or as amended.

3. Biennial City Commission Member Term Expiration
Recommended Action: (1) Direct the City Clerk to post the Notice of City Commission Vacancies, (2) set application deadline for December 12, 2008, and (3) schedule appointment of commission members for January 5, 2009.

4. Check Register dated October 24, 2008, in the amount of $1,022,950.44
Recommended Action: Ratify the accompanying check register.

5. Check Register dated October 31, 2008, in the amount of $1,911,545.13
Recommended Action: Ratify the accompanying check register.

6. City Treasurer’s Monthly Report for September 2008
Recommended Action: Receive and file.

7. Community Development Agency Treasurer’s Monthly Report for September 2008
Recommended Action: Receive and file.

8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for September 2008
Recommended Action: Receive and file.

9. Quarterly Financial Report for the City of Mission Viejo - First Quarter of 2008-09
Recommended Action: Receive and file

10. Quarterly Financial Report for the Community Development Agency - First Quarter of 2008-09
Recommended Action: Receive and file.

11. Mission Viejo Community Development Agency (CDA) FY 2008-09 Budget Amendment
Recommended Action: Adopt CDA Resolution 08-XX Amending the FY 2008-09 Budget to Reflect Carryovers From FY 2007-08 and the Impact of the FY 2008-09 State of California Budget.

12. Final Design Services for Oso Parkway Widening, Interstate 5 to Country Club Drive (CIP 791)
Recommended Action: Authorize issuance of a purchase order in the amount of $316,436 to VA Consulting, Inc., for design services related to the widening of Oso Parkway from Interstate 5 to Country Club Drive.

13. Annual Review of Residential and Commercial Integrated Waste Management Rates
Recommended Action: Adopt Resolution 08-XX Approving the Proposed Trash Rate Adjustment for Residential (3.9% Increase From $13.47 to $13.99 per Month), Commercial (3.9% Increase), and Roll-Off (5.0% Increase) Services Effective January 1, 2009.

14. Proposed Holiday Closures of Certain City Facilities
Recommended Action: Approve the closure of the Animal Shelter on Wednesday, December 24 and 31, 2008 and the closure of City Hall, Corporation Yard and the Norman P. Murray Community and Senior Center on Friday, January 2, 2009.

15. KSBR Jazz FM 88.5 of Saddleback College Birthday Bash Co-Sponsorship
Recommended Action: Approve City Co-Sponsorship of the KSBR Jazz FM 88.5 of Saddleback College Birthday Bash for a 5 year period each Memorial Day weekend from May 2009 – May 2013 including approval to sell beer, wine, and spirits.

16. Community Services Funding Program - Funding for Fiscal Year 2008-2009
Recommended Action: Approve the Community Services Commission’s recommended funding amounts for Fiscal Year 2008-2009 for the Community Services Funding Program.

17. Clarification of Terminology; City Prosecutor Function
Recommended Action: Approve Clarification of Intent of Parties as Regards Contract for Legal Services and authorize the Mayor to execute.

18. Construction Document Preparation for Eldorado Park and Pavion Park Play Areas
Recommended Action: (1) Authorize issuance of a purchase order in the amount of $82,100 to RJM Design Group for the construction document preparation for the play area at Pavion Park; and (2) authorize the issuance of a purchase order in the amount of $50,000 to RJM Design Group for the construction document preparation for the play area at Eldorado Park.

PUBLIC HEARINGS

19. Appeal of Architectural Review AR2008-95 filed by Philip D. Kohn, Rutan & Tucker, LLP, agent for Tony Le, of the Planning and Transportation Commission’s October 13, 2008 denial of a petition submitted by Eric Holt, agent for Thuy Trong Le (Tony Le), to construct a 5,000 sq. ft. subterranean parking garage and storage structure at 26992 La Paja Lane, in the RPD 3.5 (Residential Planned Development) zone. The proposed subterranean garage / structure will be located beneath the front driveway portion of the property and along the south side of the property adjacent to Payaso Lane. Access to the proposed subterranean garage / structure will be taken via a new second driveway entry off Payaso Lane.

Recommended Action: Adopt Resolution 08-XX Denying the Appeal Filed by Philip D. Kohn, Ruttan & Tucker, LLP, agent for Tony Le, and Thereby Denying Architectural Review AR2008-95.

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

23. Vector Control Board Report
Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

24. Strategic Planning Workshop
Recommended Action: Consider Council Participation in a Strategic Planning Session for 2009-2011 Budget Development.

City Attorney’s Report

25. Response to Council Member Reavis' Questions Regarding Maintaining City Council Medical 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.

COUNCIL MEMBER COMMENTS

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

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

Adjournment to Monday, December 1, 2008, 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.