City Council Agenda - 09/08/09

MISSION VIEJO AGENDA

City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
September 8, 2009, at 5:00 PM (Closed Session Business)
September 8, 2009, at 6:00 PM (General Business)

City Hall, 200 Civic Center,
 Mission Viejo, California, 92691
City Council Chamber

Courtyard Marriott. 2650 S. Beulah Room 111, Flagstaff, AZ 86001

MEETING NOTICE AND AGENDA

DESIGNATION FOR TELECONFERENCING LOCATION

Mayor Pro Tem MacLean will participate in the Meeting of the City Council, Community Development Agency, Community Development Agency Authority, Public Improvement Corporation, and Library Board of Trustees through audio teleconferencing from Courtyard Marriott, 2650 S. Beulah, Room 111, Flagstaff, AZ 86001, pursuant to Government Code Section 54953. This teleconferencing location will be accessible to the public, and members of the public will have an opportunity to address the Council from this location.

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 Ury

INVOCATION: Council Member Schlicht

CLOSED SESSION

CS1. Conference with Legal Counsel—Initiation of Litigation. Pursuant to Subdivision (c) of Government Code Section 54956.9. Two (2) Cases Under Consideration.

CS2. Conference with the City’s Real Property Negotiator (City Manager/Executive Director Dennis Wilberg , City Attorney William Curley, and Director of Public Services Keith Rattay) Pursuant to Government Code Section 54956.8 Concerning Real Property (4.9 acre slope) Located on the Eastside of Marguerite Parkway, between Vista Del Lago and Ameno Streets in the City of Mission Viejo. The Negotiating Parties Are the City of Mission Viejo and the Mallorca Homeowners Association. Under Negotiation Will Be the Price and Terms of Payment for the Property Interest to Be Acquired. Final Action, if any, on This Matter will be Taken in Public Session at a Future Council Meeting Following Public Comments.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Recognize Waste Management for their $4,211.05 Donation to the Friends of the Mission Viejo Library
Recommended Action: Received donation and present certificate of appreciation to Waste Management.

P2. Proclaim September 26, 2009, as Mesothelioma Awareness Day in Mission Viejo
Recommended Action: Present Proclamation.

P3. Recognize the 10th Anniversary of Passport Services at the Mission Viejo Library
Recommended Action: Present 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 Regular Meeting of July 20, 2009, as presented or as amended.

3. Summary of FY 2009-10 Budget Amendments To Date
Recommended Action: Receive and file.

4. City Treasurer's Monthly Report for June 2009
Recommended Action: Receive and file.

5. Community Development Agency Treasurer's Monthly Report for June 2009
Recommended Action: Receive and file.

6. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for June 2009
Recommended Action: Receive and file.

7. Reduction in Community Development Agency (CDA) Outstanding Loan Balance
Recommended Action: Adopt 1) Resolution 09-XX Amending the FY 2009-10 Budget to Reflect a Payment of General Fund Loans by the Community Development Agency (CDA), and 2) CDA Resolution 09-XX Amending the FY 2009-10 Budget to Reflect a Payment of General Fund Loans.

8. Check Register dated July 10, 2009, in the amount of $696,362.54
Recommended Action: Ratify the accompanying check register.

9. Check Register dated July 17, 2009, in the amount of $834,204.88
Recommended Action: Ratify the accompanying check register.

10. Check Register dated July 24, 2009, in the amount of $815,210.49
Recommended Action: Ratify the accompanying check register.

11. Check Register dated July 31, 2009, in the amount of $1,300,039.15
Recommended Action: Ratify the accompanying check register.

12. Check Register dated August 7, 2009, in the amount of $2,279,105.33
Recommended Action: Ratify the accompanying check register.

13. Check Register dated August 14, 2009, in the amount of $913,827.07
Recommended Action: Ratify the accompanying check register.

14. Check Register dated August 21, 2009, in the amount of $1,212,734.18
Recommended Action: Ratify the accompanying check register.

15. Quarterly Check Register and Cash Receipts Reports - Fourth Quarter of FY 2008-09
Recommended Action: Receive and file.

16. Financial Report for the City of Mission Viejo – For the Year Ended June 30, 2009 (Preliminary-Unaudited)
Recommended Action: Receive and file

17. Financial Report for the Community Development Agency – For the Year Ended June 30, 2009 (Preliminary-Unaudited)
Recommended Action: Receive and file

18. Financial Reports for the Community Development Financing Authority – For the Year Ended June 30, 2009 (Preliminary-Unaudited)
Recommended Action: Receive and file

19. Review of 2008-2009 Orange County Grand Jury Report, "Paper Water - Does Orange County Have a Reliable Future?"
Recommended Action: Authorize the Mayor to send a letter to the Orange County Grand Jury commenting on the findings and recommendations cited in 2008-2009 Orange County Grand Jury Report, “Paper Water – Does Orange County Have a Reliable Future?”

20. Amendment to Schedule of Fines and Fees for the Mission Viejo Library
Recommended Action: Adopt LB Resolution No. 2009-XX Amending the Schedule of Fines and Fees for the Mission Viejo Library

21. DCA2009-13 is an Ordinance Amending Section 9.10.020 of Article II of Title 9 of the Municipal Code Regarding Density Bonuses and Affordable Housing. DCA2009-14 is an Ordinance Amending Chapter 9.12 of Article II of Title 9 of the Municipal Code Regarding the Business Park / Industrial Zone to Allow for the By Right Construction of Emergency Shelters
Recommended Action: (1) Adopt Ordinance 09-275 Amending Section 9.10.020 of Article II of Title 9 of the Municipal Code Regarding Density Bonuses and Affordable Housing, and (2) adopt Ordinance 09-276 Amending Chapter 9.12 of Article II of Title 9 of the Municipal Code Regarding the Business Park / Industrial Zone to Allow for the By Right Construction of Emergency shelters

22. Professional Services Agreement for Solid Waste and Recycling Consulting Services
Recommended Action: Award the contract to SloanVazquez, LLC, in the amount of $94,660 for solid waste and recycling consulting services.

23. 2009 Residential Resurfacing-Slurry Seal (CIP 838)
Recommended Action: Award the construction contract in the amount of $413,878.50 to Roy Allan Slurry Seal, Inc., for the subject project.

24. Maintenance of Traffic Signals and Appurtenance
Recommended Action: Approve Contract Change Order 3 in the amount of $36,043.51 to Republic ITS and increase Purchase Order 090075.

25. Oso Creek Restoration and Protection Project
Recommended Action: (1) Adopt Resolution 09-XX Authorizing the City Manager to Enter Into Agreements with the State Water Resources Control Board and Mission Viejo Country Club for the State Water Grant for the Oso Creek Restoration and Protection Project; (2) adopt Resolution 09-XX Amending the Fiscal Year 2009-10 Budget to Create Capital Improvement Project 207 to Construct the Oso Creek Restoration and Protection Project; and (3) authorize payment to the Mission Viejo Country Club following execution of the agreement with the Mission Viejo Country Club.

26. 2009 Residential Resurfacing - Slurry Seal (CIP 838) -- Medical Center Road Pavement Rehabilitation
Recommended Action: (1) Approve the bid specifications and authorize staff to advertise for construction bids for the subject project; and (2) adopt Resolution 09-XX Amending the Fiscal Year 2009–2010 Budget for CIP 838.

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

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

STAFF REPORTS

City Manager’s Report

31. Presentation by Dr. Timothy McLarney of True North Research, Inc. Regarding Results of Customer Satisfaction Survey for Planning and Building Services Divisions in the Community Development Department
Recommended Action: Receive presentation.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

32. 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, September 21, 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.