MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees*

December 7, 2009, at 5:00 PM (Closed Session Business)

December 7, 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: Council Member Kelley

INVOCATION: Council Member Schlicht

CLOSED SESSION

CS1. Conference with City Attorney Concerning One matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Oso Viejo Neighbors Association v. City of Mission Viejo and City Council of the City of Mission Viejo, Case No. 00319861.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Mayor’s State of the City Address
Recommended Action: Receive State of the City.

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 November 16, 2009, as presented or as amended.

3. Check Register dated November 6, 2009, in the amount of $856,241.31
Recommended Action: Ratify the accompanying check register.

4. Check Register dated November 13, 2009, in the amount of $630,155.47
Recommended Action: Ratify the accompanying check register.

5. Fiscal Year 2008-09 Community Development Agency Annual Report
Recommended Action: Receive, file and transmit the report to the State Controller.

6. Single Audit of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2009
Recommended Action: Receive and file

7. Shade Canopy Installation over the Bleachers at Various Sports Parks
Recommended Action: Approve the construction specifications and authorize staff to advertise for bids.

8. CAL-Card Procurement Program
Recommended Action: Approve full implementation of the CAL-Card Procurement Program.

9. New Orleans Jazz/Dixie/Zydeco Concert Sponsorship.
Recommended Action: Sponsor a New Orleans Jazz/Dixie/Zydeco Concert conducted by Creative Arts Productions Foundation (CAP) at the Norman P. Murray Community and Senior Center on March 14, 2010.

10. Purchase of Fifteen 700 MHz Radios from the Public Safety Interoperable Communications Grant
Recommended Action: Authorize the City Manager to issue a purchase order to Motorola in the amount of $57,396.03 for the purchase of 700 MHz radio equipment.

11. Contract to Provide Youth Programs
Recommended Action: Approve Amendment No.4 to the Contract Agreement with the Saddleback Valley Unified School District Department of Recreation and Community Services to provide Youth Recreation Programs in an amount of $700,000 per year for FY 2009-10 and FY 2010-11.

12. Interstate 5 Noise Barrier Scope Summary
Recommended Action: (1) Approve Cooperative Agreement No. C-9-0505 between the Orange County Transportation Authority and the City of Mission Viejo for the Interstate 5 Noise Barrier Scope Summary; and (2) adopt Resolution 09-XX Amending the Fiscal Year 2009-2010 Budget to Establish Estimated Revenues and Appropriations for the Interstate 5 Noise Barrier Scope Summary.

13. Citywide 2010 Pavement Management Program Update
Recommended Action: Award the contract in the amount of $57,250 to Nichols Consulting Engineers, Chtd., for the subject project.

14. CDBG-R Asphalt Overlays of Various Streets in the City of Mission Viejo 2009 (CIP 838)
Recommended Action: Award the construction contract in the amount of $156,570 for subject project to All American Asphalt.

15. Oso Creek Restoration and Protection Project-Environmental and Project Management Services (CIP 207)
Recommended Action: Award the contract in the amount of $75,885 to Dudek for environmental and project management services.

16. Route to School Plan Improvements for De Portola Elementary School
Recommended Action: (1) Approve a new crossing guard at the north leg of the intersection of Spadra Lane and Preciados Drive; (2) install a new striped crosswalk at the north leg of the intersection of Spadra Lane and Preciados Drive in conjunction with the installation of pedestrian school crossing signage and pavement striping for both directions; (3) install a new striped crosswalk at the north leg of the intersection of Preciados Drive and Embajadores Lane in conjunction with a new stop sign for the southbound approach; and (4) install a new striped crosswalk at the south leg of the intersection of Spadra Lane and Carranza Drive.

17. Orange County Regional Recycling and Waste Diversion Grant Program
Recommended Action: Adopt Resolution 09-XX Amending the Fiscal Year 2009–2010 Budget for the Integrated Waste Management Program for a Food Waste Composting Program.

18. 2009 and 2010 Closure and Holiday Dates for the Mission Viejo Library
Recommended Action: Approve the request to close the Library on December 24, 2009, as a holiday, and to close at 5:00 pm on December, 31, 2009, and as noted on Exhibit A for calendar year 2010.

PUBLIC HEARINGS

19. Appeal of Planned Development Permit PDP2009-215 and Minor Exception ME2009-97 filed by Gil Gonzalez of Trillium Consulting, Inc., agent for AT&T Wireless of the Planning and Transportation Commission’s September 28, 2009 denial of a petition submitted by Jason Kozora of Trillium Consulting, Inc., agent for AT&T Mobility, to construct a wireless telecommunication facility at an existing True Value Hardware Store, Mission Viejo MarketPlace shopping center, 26006 Marguerite Parkway, in the CC (Commercial Community) zone.

Recommended Action: Adopt Resolution 09-XX Denying the Appeal Petition, and Thereby Denying PDP2009-215 and Minor Exception ME2009-97.

OLD BUSINESS

20. City Council Communication with Auditors
Recommended Action: Receive, discuss and file correspondence from Mayer Hoffman McCann P.C. (MHM), the City's independent auditors, regarding the recently completed financial statement audit for the fiscal year ending June 30, 2009.

21. Request for Proposals for Integrated Solid Waste Management Services
Recommended Action: Approve the Request for Proposals and the draft agreement for Integrated Solid Waste Management Services.

22. Appointment to Fill One Unscheduled Vacancy on the Community Services Commission and One Unscheduled Vacancy on the Investment Advisory Commission
Recommended Action: Consider Council Member's Kelley's nomination to appoint a new member to the Investment Advisory Commission and Council Member Ledesma's nomination to appoint a new member to the Community Services Commission.

23. Appointment to Fill One Unscheduled Vacancy on the Planning and Transportation Commission (Continued from the meeting of October 19, 2009)
Recommended Action: Consider Council Member Schlicht's nomination for one new member to the Planning and Transportation Commission.

NEW BUSINESS

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. SCAG Transportation & Communications Committee (TCC) Report
Recommended Action: Receive 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 the reports.

Council Member Kelley
Council Member Ledesma
Council Member Schlicht

Mayor Pro Tem MacLean

29. Mayor Pro Tem MacLean's irrevocable rejection of available City Council Lifetime Retiree Health Insurance benefits; disclosure of written form of rejection; discussion of MPT MacLean's City and Regional leadership activities

Recommended Action: Receive and accept irrevocable voluntary rejection of Lifetime Retiree Health insurance benefit.

Mayor Ury

CITY COUNCIL REORGANIZATION

30. Election of Mayor and Mayor Pro Tempore

Adjournment to Monday, January 4, 2010, 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.