MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees*

January 4, 2010, at 5:00 PM (Closed Session Business)

January 4, 2010, 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 Schlicht
Council Member Ury
Mayor Pro Tem Kelley
Mayor MacLean

PLEDGE OF ALLEGIANCE: Council Member Ledesma

INVOCATION: Mayor MacLean

CLOSED SESSION

CS1. Conference with Legal Counsel-Anticipated Litigation. Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One case: Appeal of State Department of Water Resources Control Boards adoption of the NPDES permit.

CS2. Conference with Real Property Negotiators: Property: Turf Lane Open Space; 25361 Turf Avenue (APN: 619-331-35) within the City of Mission Viejo; City Negotiator: City Manager Wilberg and City Attorney Curley; Negotiating Party: Timberline Community Homeowners Association and legal counsel. Under negotiation: Terms of Payment\consideration and quitclaim deed from City to Timberline Community Homeowners Association.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Presentation to Former Mayor Ury
Recommended Action: Present Former Mayor Ury with gavel plaque.

P2. Opening Remarks by Mayor MacLean
Recommended Action: Receive remarks from Mayor MacLean.

P3. Plaque of Appreciation to the City of Mission Viejo for Support of the Marines & Sailors of the Headquarters Battalion of the First Marine Division at Camp Pendleton
Recommended Action: Receive plaque from Colonel Michael S. Groen.

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 December 7, 2009, as presented or as amended.

3. Check Register dated November 20, 2009, in the amount of $1,386,777.92
Recommended Action: Ratify the accompanying check register.

4. Check Register dated November 27, 2009, in the amount of $1,601,137.20
Recommended Action: Ratify the accompanying check register.

5. City Treasurer’s Monthly Report for October 2009
Recommended Action: Receive and file.

6. Community Development Agency Treasurer’s Monthly Report for October 2009
Recommended Action: Receive and file.

7. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for October 2009
Recommended Action: Receive and file.

8. Mileage Reimbursement
Recommended Action: Approve the attached Resolution No. 10-XX, adopting the 2010 standard IRS mileage reimbursement rate of 50.0 cents per mile effective January 1, 2010.

9. Memorandum of Understanding (MOU) for the Alicia Parkway Traffic Light Synchronization Program Project
Recommended Action: Approve Amendment No. 1 to Memorandum of Understanding C-8-1403 with the Orange County Transportation Authority for the Alicia Parkway Traffic Light Synchronization Project.

10. Utility Bill Audit
Recommended Action: Approve the attached contract with Utility Cost Management LLC to perform a utility bill audit on a contingent fee basis.

11. Medical Center Road Pavement Resurfacing (CIP 838)
Recommended Action: (1) Certify the completion of and accept the improvements for the subject project; (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 the City; and (4) authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion.

12. Revised Orange County Taxi Administration Program (OCTAP) Regulations
Recommended Action: Adopt Resolution 10-XX Adopting Revised Orange County Taxi Administration Program Regulations.

13. Investment of Proceeds of Mission Viejo Community Development Financing Authority Lease Revenue Refunding Bonds, 2009 Series A
Recommended Action: Approve Resolution 10-XX Authorizing Investment of Bond Proceeds in the State Local Agency Investment Fund (LAIF).

14. Claim Against the City - Barrientos-Macias vs. The City of Mission Viejo
Recommended Action: Reject Claim.

PUBLIC HEARINGS

15. 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 (Continued from the meeting of December 7, 2009)

Recommended Action: Adopt Resolution 10-XX Denying the Appeal Petition, and Thereby Denying PDP2009-215 and Minor Exception ME2009-97.

OLD BUSINESS

16. Appointment to Fill One Unscheduled Vacancy on the Planning and Transportation Commission (Continued from the meeting of December 7, 2009)

Recommended Action: Consider Council Member Schlicht's nomination for one new member to the Planning and Transportation Commission.

NEW BUSINESS

17. City Council Committee Representative Appointments
Recommended Action: Appoint representatives to the following committees: (1) Foothill/Eastern Transportation Corridor Agency; (2) Measure M Growth Management Area 9 and 10 Interjurisdictional Forum; (3) San Joaquin Hills Transportation Corridor Agency; (4) California Joint Powers Insurance Authority; (5) Orange County Fire Authority Board of Directors; (6) Orange County Council of Governments (General Assembly); (7) Transportation Corridor System; (8) League of California Cities and Orange County Division of the League of California Cities; (9) South Orange County Major Investment Study (SOCMIS) Policy Working Group; (10) Southern California Association of Governments (SCAG) and (11) Orange County Vector Control District.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

STAFF REPORTS

City Manager’s Report

21. Support for AB 1590 to Stop the Sale of State-Owned Property That is Home to the Orange County Fair and Event Center
Recommended Action: As necessary

City Attorney’s Report

22. Elections Code: Voter Information Regarding Recall Election Voting Process
Recommended Action: Authorize release of educational material.

COUNCIL MEMBER COMMENTS

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

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

Adjournment to Monday, January 18, 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.