City Council Agenda - 09/06/11

MISSION VIEJO AGENDA

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

September 6, 2011, at 5:00 PM (Closed Session Business)
September 6, 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, HOUSING 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: Mayor Leckness

CLOSED SESSION

CS1. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6.

CS2. Labor Negotiations—The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957.6. The Parties to the Negotiations Are the City and City’s Unrepresented Employees. The City’s Negotiator is Dennis Wilberg.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Recognition of Denise Matson by the 2011 Relay for Life Committee for her Planning and Organization Efforts of the Cancer Prevention Study (CPS-3)
Recommended Action: Presentation by the 2011 Relay for Life Committee to Denise Matson.

P2. Certificates of Appreciation to Margot Ferron and Cathy Allen of the Mission Viejo Activities Committee for Their Fund Raising Efforts Supporting Joplin, Missouri
Recommended Action: Present certificates of appreciation.

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 City Council meeting of August 15, 2011, as presented or as amended.

3. Check Register dated August 5, 2011 in the amount of $533,224.46
Recommended Action: Ratify the accompanying check register.

4. Check Register dated August 12, 2011 in the amount of $901,659.48
Recommended Action: Ratify the accompanying check register.

5. Check Register dated August 19, 2011 in the amount of $548,126.30
Recommended Action: Ratify the accompanying check register.

6. Amendment to Schedule of Fines and Fees for the Mission Viejo Library
Recommended Action: Adopt LB Resolution 11-XX Amending the Schedule of Fines and Fees for the Mission Viejo Library.

7. Transfer of Southern California Edison Rule 20A Allocations
Recommended Action: Authorize the City Manager to enter into an agreement with the City of Newport Beach to transfer the City’s unused Rule 20A allocation of $188,255 within the Southern California Edison (SCE) Service Area to the City of Newport Beach in exchange for compensation in the amount of $94,127.50.

8. La Paz Roadway and Bridge Widening Improvements (CIP 756/761)
Recommended Action: (1) Authorize the approval of Change Order 3 in the amount of $351,084 to Parsons Transportation Group, Inc., for additional design services; and (2) approve an agreement with Moulton Niguel Water District to incorporate the design and construction of a reclaimed water line into the subject project, subject to any minor revisions required by the City Attorney.

PUBLIC HEARINGS

9. Appeal filed by Mayor Dave Leckness and Council Member Cathy Schlicht of the Planning and Transportation Commission's July 11, 2011 approval of Planned Development Permit PDP2009-219, being a petition submitted by Chris Livoni of Watermarke Properties, Inc. to construct a 256-unit multifamily residential apartment development (Andalucia Mission Viejo) on a 7.12-acre vacant site south of the intersection of Oso Parkway and Montanoso Drive, in the City's RPD 30A (Residential Planned Development by Right) zone. The subject site is located adjacent to Sunrise Assisted Living and Mission Viejo Country Club.  The proposed project consists of three, 3- to 4-story buildings with an average height of approximately 45 feet. The proposed development consists of two distinct communities designed to operate independently, or as one community sharing common area facilities. These developments are located on either side of Oso Creek and are connected via a foot bridge crossing the creek. The proposed project also includes Oso Creek improvements consisting of stabilization of the creek banks as well as re-vegetation and restoration. This 7.12-acre site is identified as a potential affordable housing site in the City's General Plan Housing Element. Of the development's 256 units, 38 units are proposed as affordable at very low and low income.  The applicant has applied for a "density bonus" to increase project density approximately 20% over the otherwise maximum allowable residential density in accordance with state and local law
Recommended Action: Confirm Planning and Transportation Commission Action by Denying the Appeal and Adopting Resolution 11-XX Approving Planned Development Permit PDP2009-219, and by Adopting a Mitigated Negative Declaration for Proposed Project.

OLD BUSINESS

10. Marguerite Tennis Center Renovation Project (CIP 501)
Recommended Action: (1) Award the Construction Contract to the lowest responsible bidder Western Alta Construction Company in the amount of $3,742,848 for the project; (2) reject the bid protest submitted by C.S. Legacy Construction; (3) approve Change Order No.1 to Friess Construction, Inc. for construction management services during the construction portion of the project in the amount of $80,232; (4) approve Change Order No. 3 to RJM Design Group for the bid process and Construction/Administration Services portion during the construction portion of the project in the amount $97,250; (5) approve a Purchase Order with Petra Geotechnical, Incorporated for geotechnical field observations and inspections in the amount of $70,813; and (6) adopt Resolution 11-XX Amending the Fiscal Year 2011-2012 Budget for Revenues and Costs Related to Capital Improvement Marguerite Tennis Center Project 501 for $975,000.

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

11. Investment Advisory Commission Appointment
Recommended Action: That Mayor Pro Tem Ury nominate and the City Council ratify one member to the Investment Advisory Commission.

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

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

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

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

STAFF REPORTS

City Manager’s Report

16. Proposed Refunding of City of Mission Viejo Community Facilities District (CFD) 92-1 Special Tax Bonds
Recommended Action: As necessary.

City Attorney’s Report

COUNCIL MEMBER COMMENTS AND ACTIONS

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

Council Member Kelley
Council Member Reardon
Council Member Schlicht
Mayor Pro Tem Ury
Mayor Leckness

18. Oso Creek Trail Tour
Recommended Action: Set a date to tour the Oso Creek Trail.

Adjournment to Monday, September 19, 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.