City Council Agenda - 01/03/11

MISSION VIEJO AGENDA

City Council, Community Development Agency,
Community Development Financing Authority,
and Library Board of Trustees*

January 3, 2011, at 5:00 PM (Closed Session Business)
January 3, 2011, 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 Kelley
Council Member Reardon
Council Member Schlicht
Mayor Pro Tem Ury
Mayor Leckness

PLEDGE OF ALLEGIANCE: Council Member Kelley

INVOCATION: Council Member Reardon

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.

CS2. Conference with Labor Negotiators: Agency Designated Representatives: City Council, Assistant City Manager, and City Attorney. Unrepresented Employee: City Manager, Regarding Contract Term Interpretation.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Presentation to Former Mayor Kelley
Recommended Action: Receive presentation.

P2. Opening Remarks from Mayor Leckness
Recommended Action: Receive remarks from Mayor Leckness.

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 6, 2010, as presented or as amended.

3. Check Register dated November 19, 2010, in the amount of $1,225,659.76
Recommended Action: Ratify the accompanying check register.

4. Check Register dated November 26, 2010, in the amount of $688,869.86
Recommended Action: Ratify the accompanying check register.

5. Check Register dated December 3, 2010, in the amount of $695,818.48
Recommended Action: Ratify the accompanying check register.

6. Check Register dated December 10, 2010, in the amount of $1,563,854.38
Recommended Action: Ratify the accompanying check register.

7. City Treasurer's Monthly Report for October 2010
Recommended Action: Receive and file.

8. Community Development Agency Treasurer's Monthly Report for October 2010
Recommended Action: Receive and file.

9. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for October 2010
Recommended Action: Receive and file.

10. Comprehensive Annual Financial Report for the City of Mission Viejo for the Fiscal Year Ended June 30, 2010.
Recommended Action: Receive and file.

11. Local Agency-Sponsored Investment Pool - California Asset Management Program (CAMP)
Recommended Action: (1) Adopt Resolution 11-XX Authorizing the City of Mission Viejo to Join with Other Public Agencies as a Participant of the California Asset Management Trust and to Invest in Shares of the Trust and in Individual Portfolios; and (2) adopt Resolution 11-XX Authorizing the Community Development Agency of the City of Mission Viejo to Join with Other Public Agencies as a Participant of the California Asset Management Trust and to Invest in Shares of the Trust and in Individual Portfolios.

12. Final design of the Mission Viejo Dog Park
Recommended Action: Award a contract to MCE Consultants in an amount not to exceed $ 79,000 for final design of a dog park.

13. Confirmation of the City Council’s December 6, 2010 Action Approving the Appeal Petition and Thereby Denying Architectural Review AR2010-99 and Minor Exception ME2010-98 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
Recommended Action: Adopt Resolution 11-XX Approving the Appeal Petition and Denying Architectural Review AR2010-99 and Minor Exception ME2010-98, Being Petitions 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 4.0 Feet to 6-Foot 10 Inches at 27012 La Paja Lane, in the RPD 3.5 (Residential Planned Development Permit) Zone.

14. Mileage Reimbursement Rate for 2011
Recommended Action: Adopt Resolution 11-XX Adopting the Standard IRS Mileage Reimbursement Rate of 51.0 Cents Per Mile Effective January 4, 2011.

15. Single Audit of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2010
Recommended Action: Receive and file.

PUBLIC HEARINGS

16. Ordinances Adopting the 2010 California Building Code and Fire Code
Recommended Action: (1) Adopt Ordinance 10-287 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) adopt Resolution 11-XX Setting Forth Findings for Required Amendments to the 2010 California Building Code Relative to Local Climatic, Topographic, and Geologic Conditions; (3) adopt Ordinance 10-288 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 (4) adopt Resolution 11-XX Setting Forth Findings for Required Amendments to the 2010 California Fire Code Relative to Local Climatic, Topographic, and Geologic Conditions.

OLD BUSINESS

17. OCTA Alicia Parkway Traffic Light Synchronization Project Presentation
Recommended Action: Receive Presentation.

18. 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, 2010.

NEW BUSINESS

19. Appointment of City Commission Members
Recommended Action: Nominate and appoint members to the Community Services Commission, the Investment Advisory Commission, and the Planning and Transportation Commission. The Mayor and the Mayor Pro Tem will each make one additional senior citizen appointment to the Community Services Commission.

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

21. Formation of CUSD Ad Hoc Committee
Recommended Action: Establish a CUSD Ad Hoc Committee and the Mayor will appoint two members.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

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

STAFF REPORTS

City Manager’s Report
City Attorney’s Report

COUNCIL MEMBER COMMENTS AND ACTIONS

26. Council Member Reports of Events and Activities Attended
Recommended Action: Receive Reports.

Council Member Kelley

Council Member Reardon

27. 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 Schlicht

Mayor Pro Tem Ury

28. Rescission of Resolution 01-24 Audio Taping of Closed Session Meetings
Recommended Action: Adopt Resolution 11-XX Rescinding Resolution 01-24, Audio Taping of Closed Session Meetings.

Mayor Leckness

Adjournment to Monday, January 17, 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.