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MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
May 3, 2010, at 5:00 PM (Closed Session Business)
May 3, 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 Leckness
Mayor Kelley
PLEDGE OF ALLEGIANCE: Mayor Kelley
INVOCATION: Council Member Ledesma
CLOSED SESSION
CS1. Conference with City Attorney Concerning One matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is City of Mission Viejo v. CUSD, Case No. 00180049; Companion Case, Rancho Santa Margarita v. CUSD, Case No. 00207543.
REPORT OF CLOSED SESSION
PRESENTATIONS
P1. Proclaim May 2010 as Water Awareness Month
Recommended Action: Present Proclamations to El Toro Water District, Moulton Niguel Water District, and Santa Margarita Water District.
P2. Presentation by the Building Industry Association of Orange County (BIA)
Recommended Action: Receive presentation from Public Affairs Director, Jill Cagle of the Building Industry Association of Orange County (BIA).
P3. Presentation of Awards Received for the City's 2009-11 Budget Document and 2009 Comprehensive Annual Financial Report from the Government Finance Officers Association of the United States and Canada.
Recommended Action: Receive awards.
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: Approved the Minutes for the Regular City Council Meeting of April 19, 2010, as presented or as amended.
3. Check Register dated April 9, 2010, in the amount of $612,972.96
Recommended Action: Ratify the accompanying check register.
4. Check Register dated April 16, 2010, in the amount of $624,769.57
Recommended Action: Ratify the accompanying check register.
5. Draft Consolidated Plan for Fiscal Year (FY) 2010-2014 and Draft Annual Action Plan for FY 2010-2011 Detailing City’s Proposed Use of Community Development Block Grant (CDBG) Funds
Recommended Action: Adopt Resolution 10-XX approving the City's Draft Consolidated Plan for Fiscal Year (FY) 2010-2014 and Draft Annual Action Plan for FY 2010-2011 detailing City’s proposed use of Community Development Block Grant (CDBG) Funds and Authorizing Submission of Such Plans to the U.S. Department of Housing and Urban Development (HUD)
6. Amendment to the City of Mission Viejo Housing Rehabilitation Program
Recommended Action: Adopt Resolution Approving an Amendment to the City of Mission Viejo Housing Rehabilitation Program Rules and Regulations to Increase the Maximum Award Amount by $5000, from $25,000 to $30,000.
7. 2010 Residential Resurfacing-Community Development Block Grant (CIP 838)
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project, contingent upon approval of the Fiscal Year 2010–2011 CDBG Action Plan.
8. Oso Creek Restoration and Protection Project (CIP 207)-Montanoso Recreation Center Bio-Swale Construction Award
Recommended Action: (1) Reject the bid from Rock Bottom, Inc., as being unresponsive; and (2) award the construction contract in the amount of $76,712.00 to Atlas Engineering Company for the subject project.
PUBLIC HEARINGS
9. Proposed 2010-2014 Implementation Plan for the Community Development Project Area
Recommended Action: Adopt CDA Resolution 10-XX Approving the 2010-2014 Implementation Plan for the Community Development Project Area Pursuant to Section 33490 of the Community Redevelopment Law and Making Certain Findings in Connection Therewith.
10. Appeal of Planned Development Permit PDP2009-221 Filed by Council Member Cathy Schlicht of the Planning and Transportation Commission’s February 8, 2010 Approval of a City Initiated Petition Submitted by the City of Mission Viejo Recreation and Community Services Department for the Marguerite Tennis, Aquatics, and Recreation Center Complex Renovation and Expansion Project at 23840 Marguerite Parkway, in the R (Recreation) and RPD 6.5 (Residential Planned Development) Zones.
Recommended Action: (1) Adopt City Council Resolution 2010-XX that denies the appeal filed by Councilmember Schlicht; the adoption of this resolution will be based on a review of the record by the City Council and the Council's determination that the Planning and Transportation Commission's action should be upheld, thereby approving Planned Development Permit PDP2009-221; (2) adopt a Mitigated Negative Declaration declaring that Planned Development Permit PDP2009-221 will not have a significant effect on the environment based on the revisions made to the project that mitigate or avoid the potential significant effects on the environment that may otherwise occur; (3) review and confirm that the proposed construction project currently under design is consistent with the Master Plan and attendant environmental documentation; and (4) approve the Fourth Amendment with Hodge & Associates for additional environmental consulting services in the amount of $1,275.
OLD BUSINESS
11. Integrated Solid Waste Management Services Agreement
Recommended Action: Direct staff and Sloan Vazquez Consulting, LLC, to negotiate a proposed final Agreement for the provision of Integrated Solid Waste Management Services and to present said Agreement for City Council's consideration at a future meeting.
NEW BUSINESS
12. Truck Weight Limit Restrictions
Recommended Action: Introduce Ordinance 10-XX Amending Chapter 12.09.010 to Include the Installation of Truck Weight Limit Restriction Signs Prohibiting Unladen Truck Access Along Montanoso Drive, Country Club Drive/La Mancha, Claro/Barbadanes, and Pacific Hills Drive.
ITEMS REMOVED FROM THE CONSENT CALENDAR
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
13. Use Agreement with Outta Bounds Events for use of the Thomas R. Potocki Center for Youth Activities
Recommended Action: (1) Direct staff to issue a Request for Proposals to organizations for use of the Thomas R. Potocki Center, and (2) in the interim approve the Use Agreement with Outta Bounds Events for use of the Thomas R. Potocki Center for youth activities during summer 2010 and the 2010-11 school year.
14. Orange County Fire Authority (OCFA) Report
Recommended Action: Receive the report.
15. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive the report.
16. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive the report.
STAFF REPORTS
City Manager’s Report
17. Consideration of Cathy Schlicht’s request for reimbursement of travel and parking expenses incurred in association with her attendance in Orange County Superior Court in the matter of Cathy Schlicht, City Council Member of the City of Mission Viejo v. Karen Hamman, City Clerk of the City of Mission Viejo, and Neal Kelley, Orange County Registrar of Voters, Case No. 00352765
Recommended Action: As necessary.
18. Possible Professional Sports Opportunity
Recommended Action: As necessary.
City Attorney’s Report
COUNCIL MEMBER COMMENTS
19. Council Member Reports of Events and Activities Attended
Recommended Action: Receive the reports.
Council Member Ledesma
Council Member Schlicht
20. Transparency in Government
Recommended Action: Receive and file.
Council Member Ury
Mayor Pro Tem Leckness
Mayor Kelley
Adjournment to Monday, May 17, 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.
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