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MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
and Library Board of Trustees*
December 6, 2010, at 5:00 PM (Closed Session Business)
December 6, 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, 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 Pro Tem Leckness
INVOCATION: Council Member Ury
PRESENTATIONS
P1. Mayor's State of the City Address
Recommended Action: Receive Address.
CONSENT CALENDAR
1. City Council Minutes
Recommended Action: Approve the Minutes for the Regular Meeting of November 15, 2010, as presented or as amended.
2. Official Results of the November 2, 2010 General Municipal Election
Recommended Action: Adopt Resolution 10-XX Reciting the Fact That a General Municipal Election Was Held on November 2, 2010, and Declaring the Results Thereof.
3. Council Member Reports of Events and Activities Attended
Recommended Action: Receive reports.
4. Ordinance Relating to Water Quality
Recommended Action: Adopt Ordinance 10-285 Amending the Municipal Code by Amending Chapter 6.65 of Title 6 Relating to Water Quality.
5. Ordinance Relating to Grading and Excavations
Recommended Action: Adopt Ordinance 10-286 Amending the Municipal Code by Repealing Chapter 8.10 of Title 8 and Adding a New Chapter 8.10 Relating to Grading and Excavations.
COUNCIL RELATED CEREMONIAL ITEMS
6. Presentation to and Comments from Outgoing Council Member John Paul Ledesma
Recommended Action: Make Presentation and receive comments from Council Member Ledesma.
7. Administration of Oaths of Office
Recommended Action: Administer Oaths of Office and Present Certificates of Election to Trish Kelley, Dave Leckness, and Rhonda Reardon.
RECESS
CITY COUNCIL REORGANIZATION
8. Election of Mayor and Mayor Pro Tem
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 (CONTINUED)
9. 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.
10. Claim Against the City - Weisz vs. The City of Mission Viejo
Recommended Action: Reject claim.
11. Claim Against the City— Thomson vs. The City of Mission Viejo
Recommended Action: Reject claim.
12. Check Register dated November 5, 2010, in the amount of $1,794,085.61
Recommended Action: Ratify the accompanying check register.
13. Check Register dated November 12, 2010, in the amount of $734,055.58
Recommended Action: Ratify the accompanying check register.
14. Comprehensive Annual Financial Report for the City of Mission Viejo for the Fiscal Year Ended June 30, 2010.
Recommended Action: Receive and file.
15. Revisions to the Administrative Citation Schedule
Recommended Action: Adopt Resolution 10-XX Revising the Administrative Citation Schedule for Violations of the Mission Viejo Municipal Code.
16. 2011 Orange County International Triathlon in Mission Viejo
Recommended Action: Approve the request submitted by Pelican Coast Events, LLC. to hold the 2011 Orange County International Triathlon in Mission Viejo on Sunday, May 22, 2011.
17. Adoption of Local Traffic Signal Synchronization Plan for Measure M2 Funding Eligibility
Recommended Action: Adopt Resolution 10-XX Adopting a Local Signal Synchronization Plan for the City of Mission Viejo.
18. Storm Drain and Water Quality Improvements for Oso Parkway (CIP 207)-Termination of Contract
Recommended Action: (1) Terminate the contract for the subject project; (2) authorize the City Manager to sign the Notice of Cessation; (3) authorize the City Clerk to record the Notice of Cessation 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 Cessation contingent upon no claims or liens being filed with the City; and (4) authorize payment of $125,874 to GASS Construction, Inc., upon completion of the transfer of ownership of the water quality treatment device from GASS Construction to the City to the satisfaction of the City Attorney, and (5) approve the revised bid specifications (subject to the inclusion of new geotechnical information upon completion) and authorize staff to re-advertise for construction bids for the subject project.
19. Marguerite Parkway Pavement/Median Rehabilitation, Via Angelina to Trabuco Road (CIPs 799, 200 and 206) and La Paz Road Pavement Rehabilitation, Chrisanta Drive to Marguerite Parkway (CIP 837)-Notice of Completion
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.
20. Removal and Replacement of the Library and the Civic Center / Saddleback Room Carpet and Flooring (CIP 319)
Recommended Action: (1) Award a contract for the Removal and Replacement of the Library and Civic Center / Saddleback Room Carpet and Flooring to Mike’s Custom Flooring, Inc. in an amount not to exceed $108,266, and (2) adopt Resolution 10-XX Amending the FY 2010-2011 Adopted Budget for the Removal and Replacement of Saddleback Room Carpet and Flooring.
21. Summary of FY 2010-11 Budget Amendments To Date
Recommended Action: Receive and file.
22. Fiscal Year 2009-10 Community Development Agency Annual Report
Recommended Action: Receive, file and transmit the report to the State Controller.
PUBLIC HEARINGS
23. City of Mission Viejo Storm Water Program Local Implementation Plan
Recommended Action: (1) Adopt Resolution 10-XX Adopting Changes to the City Storm Water Program Local Implementation Plan and Authorizing the Director of Public Works to Incorporate Further Amendments into the Local Implementation Plan as may be Necessary to Administer the Water Quality Code Consistent with Ordinance 10-285, and (2) authorize submittal of the Local Implementation Plan to the California Regional Water Quality Control Board, San Diego Region by December 16, 2010.
24. Appeal of Architectural Review AR2010-99 and Minor Exception ME2010-98 filed by John Coon of the Planning and Transportation Commission’s October 11, 2010 Approval of a Petition Submitted by Shawn Nikjoo of Inland Engineering, Agent for Dr. Fred Sahafi, to Obtain a Permit for a Side Yard Retaining Wall Ranging in Height From 3’-6” to 6’-10” at 27012 La Paja Lane, in the RPD 3.5 (Residential Planned Development Permit) Zone. The proposed plan will include two maximum 4’-0” high retaining walls to be located in the front setback running parallel to each other on the existing slope. The applicant is also proposing a maximum 6’-10” high retaining wall to be located to the rear of the front yard setback. Minor Exception ME2010-98 pertains to a modification of the City’s maximum wall height standard from 3’-6” to 4’-0” in the front yard, and from 6’-0” to 6’-10” in the side yard.
Recommended Action: Adopt Resolution 10-XX denying the appeal petition, and thereby approving AR2010-99 and ME2010-98.
OLD BUSINESS
NEW BUSINESS
25. Ordinances Adopting the 2010 California Building Code and Fire Code
Recommended Action: (1) Introduce an Ordinance entitled “An Ordinance of the City Council of the City of Mission Viejo Amending Title 8 of the Mission Viejo Municipal Code by adopting by reference the 2010 Editions of the California Building, Plumbing, Electrical and Mechanical Codes, and related Model and Uniform Codes, with Certain Appendices and Amendments thereto”; (2) Introduce an Ordinance entitled “An Ordinance of the City Council of the City of Mission Viejo adopting by reference the 2010 California Fire Code, Incorporating the International Fire Code 2009 Edition, with Errata, Including Appendices B, BB, and C, and the Referenced Standards, Together with Certain Amendments and Deletions”; and (3) Schedule a Public Hearing for January 3, 2011 to Adopt the Ordinances Identified in Items (1) and (2).
ITEMS REMOVED FROM THE CONSENT CALENDAR
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
26. Orange County Fire Authority (OCFA) Report
Recommended Action: Receive the report.
27. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive the report.
28. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive the report.
29. SCAG Transportation & Communications Committee (TCC) Report
Recommended Action: Receive the report.
STAFF REPORTS
City Manager’s Report
City Attorney’s Report
30. Revision of City Council Meeting Rules of Order and Procedures Permitting Members of the Public to Pull Items from the Consent Calendar
Recommended Action: Approve the modification of the City Council Meeting Rules of Order and Procedures to permit members of the public to remove items from the Consent Calendar for separate discussion and vote and to direct the City Clerk to bring back a Resolution, amending City Council Meeting Rules of Order and Procedures and Amending the City Council Policy Manual.
COUNCIL MEMBER COMMENTS AND ACTIONS
Council Member Reardon
Council Member Schlicht
Council Member Ury
Mayor Pro Tem Leckness
Mayor Kelley
CLOSED SESSION
CS1. Conference with Legal Counsel—Anticipated Litigation. Potential Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. One Case Under Consideration.
REPORT OF CLOSED SESSION
Adjournment to Monday, January 3, 2011, 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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