MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees*

April 6, 2009, at 5:00 PM (Closed Session Business)

April 6, 2009, 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 Kelley
Council Member Ledesma
Council Member Schlicht
Mayor Pro Tem MacLean
Mayor Ury

PLEDGE OF ALLEGIANCE: MAYOR PRO TEM MACLEAN

INVOCATION: MAYOR URY

CLOSED SESSION

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Tree City USA Award
Recommended Action: Receive award.

P2. Proclaim April 25, 2009, to be “Artes de la Vida” and "Earth Day Expo"
Recommended Action: Receive proclamation.

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 City Council Meeting of March 16, 2009, as presented or as amended.

3. Check Register dated March 6, 2009, in the amount of $434,555.45
Recommended Action: Ratify the accompanying check register.

4. Check Register dated March 13, 2009, in the amount of $644,546.89
Recommended Action: Ratify the accompanying check register.

5. Check Register dated March 20, 2009, in the amount of $873,919.11
Recommended Action: Ratify the accompanying check register.

6. Selection of Independent Auditor for Fiscal Years Ending June 30, 2009 and June 30, 2010
Recommended Action: Award a contract to Mayer Hoffman McCann P.C. to serve as the City’s independent auditors for fiscal years ending June 30, 2009 and June 30, 2010 at a cost not to exceed $73,870 ($36,390 for FY 2008-09 and $37,480 for FY 2009-10) for the annual financial statement audit work.

7. Montanoso and Sierra Recreation Centers Tennis Court Lights Replacement Project (CIP 316)
Recommended Action: (1) Certify the completion of and accept the improvements for the subject property; (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 or by the City and (4) authorize the payment of the final retention of $16, 840.00 35 days after the date of recordation of the Notice of Completion.

8. Oso Creek Trail Signage (CIP 317)
Recommended Action: Approve the contract documents and authorize staff to advertise for bids.

9. 2009 Residential Resurfacing (CIP 838)
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

10. Mission Viejo Chamber of Commerce April Membership Mixer
Recommended Action: Approve the request by the Mission Viejo Chamber of Commerce for an exemption to the "No Alcoholic Beverage Consumption" regulation for the April Chamber Mixer scheduled for Wednesday, April 22, 2009, in the Kershaw Garden and City Hall Saddleback Room.

11. Destruction of Records - Citywide 2007-08 Records Purge
Recommended Action: Adopt Resolution 2009-XX Authorizing and Directing the City Clerk to Destroy Certain City Records and Documents Pursuant to the Government Code of the State of California

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

12. Norman P. Murray Community and Senior Center Room Rental Rates
Recommended Action: Approve the Community Services Commission's proposed adjusted room rental rates for the Norman P. Murray Community and Senior Center

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

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

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

16. Discussion Regarding Mission Viejo and its Compliance with Housing Laws
Recommended Action: Review and provide input as necessary.

17. Roundabout Intersections Committee Report
Recommended Action: Receive report.

18. SCAG Transportation & Communications Committee (TCC) Report
Recommended Action: Receive report.

STAFF REPORTS

CITY MANAGER’S REPORT

CITY ATTORNEY’S REPORT

19. Elections Code 9219 Report and an Action by the City Council to Either: Adopt an Ordinance Titled "Right to Vote Amendment;" or to Set the Initiative Ordinance for Vote at the Next General Election; or Take No Action or Consider a Legal Challenge of the Proposed Initiative Ordinance

Recommended Action: (1) Adopt the ordinance as presented. Thereafter the City Attorney's office is required to vigorously defend the ordinance if a legal challenge is brought challenging all or any part of the ordinance; or (2) submit the ordinance to the voters at the next regular municipal election that is to be held not less than 88 days after the date of the order (this is anticipated to be in June, 2010); or (3) take no action. This would present a risk of challenge by an interested party seeking an order from a court mandating that the City Council either adopt the ordinance or submit it to the voters. The City could be required to pay a challenger's legal fees and costs in the event the City did not fully prevail; or (4) commence a legal challenge testing the legality of the proposed ordinance or any part thereof.

COUNCIL MEMBER COMMENTS

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

COUNCIL MEMBER KELLEY
COUNCIL MEMBER LEDESMA
COUNCIL MEMBER SCHLICHT
MAYOR PRO TEM MACLEAN
MAYOR URY

Adjournment to Monday, April 20, 2009, 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.