Mission Viejo City Council Agenda

CSl. Conference with Legal Counsel Pursuant to Government Code Section 54956.9: Potential Litigation: Consideration of Potential Settlement of Payment and Indemnification Issues With Developers Surety and Indemnity Company Involving the Marguerite Aquatics Center.

CS2. Conference With Real Property Negotiator Pursuant To Government Code Section 54956.8. Property: The approximate 10.5 acre Site Commonly Referred to as the "Former K Mart" Located at 28601 Los Alisos Boulevard and Comprised of Assessor Parcel Nos. (APNs) 839 161 08 and 839 161 09 Owned by UDR/Pacific Los Alisos L.P.; CDA Negotiators: Dennis Wilberg, City Manager/CDA Executive Director, Charles Wilson, Director of Community Development, James Williams, Economic Advisor, Celeste Brady, CDA Counsel; Negotiating Parties: CDA Negotiators on Behalf of Community Development Agency of the City of Mission Viejo; and Rusty Ross of Union Dominion Realty (UDR) and Paul Marra, Keyser Marston Associates Both on Behalf of UDR/Pacific Los Alisos L.P.; Under Negotiation: Potential Acquisition and/or Disposition of Real Property Interests for Long Term Affordable Housing and the Price and Terms of Payment Therefore Related to the Above-Listed Property; Factors Affecting Price and Terms under Negotiation: Recorded Covenants, Scope of Development of Property, Affordable Housing Requirements, Factors Affecting Time of Payment, Conditions to

Closing, Due Diligence Period, and Schedule of Development and Development of Affordable Housing.

CS3. Conference With Real Property Negotiator Pursuant To Government Code Section 54956.8. Property: The approximate 2.8 acre Site located at 28802 Marguerite Parkway and Comprised of Assessor Parcel No. (APN) 740-013-17 Owned by Norm Reeves Acura of Mission Viejo; CDA Negotiators: Dennis Wilberg, City Manager/CDA Executive Director, Charles Wilson, Director of Community Development, James Williams, Economic Advisor, Celeste Brady, CDA Counsel; Negotiating Parties: CDA Negotiators on Behalf of Community Development Agency of the City of Mission Viejo; and James Renzas, Location Management Services on Behalf of Norm Reeves Acura of Mission Viejo; Under Negotiation: Potential Acquisition and/or Disposition of Real Property Interests, Including Acquisition of Use and/or Operating Covenants for Rehabilitation of Existing Commercial Property and the Price and Terms of Payment Therefore Related to the Above-Listed Property; Factors Affecting Price and Terms under Negotiation: Recorded Covenants, Scope of Rehabilitation and Redevelopment of Property for Commercial Reuse; Factors Affecting Time of Payment: Conditions to Closing, Due Diligence Period, Schedule of Development, and Scope and Terms of Covenants.

CS4. Public Employee Performance Evaluation for the Position of City Attorney Pursuant to California Government Code Section 54957.

CS5. Public Employee Dismissal/Release for the Position of City Attorney Pursuant to California Government Code Section 54957.

CS6. Public Employee Appointment and Compensation Consideration for the Position of City Attorney (Permanent, Interim and/or Advisory) Pursuant to California Government Code Sections 54957 and 54957.6.

P1. Tribute and Presentation of "Amicus Poloniae" (Friend of Poland) Plaque to Ziggy Wilczynski, a Mission Viejo Resident Who has Contributed Greatly to Polish/American Relations (0410-80)

P3. Recognize Harriet Behrens for Being Selected by the California Garden Club Inc., as the Woman of the Year for 2005 (0410-80)

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.

Recommended Action: Approve the Open Session Minutes for the Regular Meeting of October 17, 2005, as presented or amended.

4. Claim Against the City—Pacific Bell Telephone Company vs. The City of Mission Viejo
(0180-15)

5. Lease Agreement Submitted by Cingular Wireless in Conjunction with Proposal to
Construct a Wireless Telecommunication Facility on the Existing Clock Tower at the
YMCA Recreation Center, 27341 Trabuco Circle (0400-10)

Recommended Action: Authorize staff to issue a purchase order to RJM Design Group in an amount not to exceed $52,300.

Recommended Action: Authorize staff to issue a reimbursement check to the Mission Viejo Nadadores in an amount not to exceed $22,471.

Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

Recommended Action: Authorize staff to issue a purchase order to RJM Design Group in an amount not to exceed $59,000.

Recommended Action: Approve Amendment No. 11 to Cooperative Agreement No. C-95-984 between the Orange County Transportation Authority and the City of Mission Viejo.

Recommended Action: Authorize staff to issue a purchase order to RBF Consulting for professional consulting services associated with ongoing Transportation Corridor Agency issues in an amount not to exceed $42,000.

Recommended Action: (1) Adopt Resolution 05-XX Certifying That the City of Mission Viejo has the Resources to Fund the Projects Submitted for Inclusion in the Federal Fiscal Year 2006-2007 Through 2011-2012 Transportation Improvement Program and Affirming its Commitment to Implement all of the Projects Submitted in the Program; and (2) direct staff to transmit said resolution to the Orange County Transportation Authority (OCTA).

Recommended Action: Award contract to GameTime Company c/o Great Western Park and Playground in an amount not to exceed $76,189.18.

Recommended Action: (1) Adopt Resolution 05-XX Authorizing Certain Additional Remedial Work for the Stabilization of the Failing Hillside at Ferrocarril/Encorvado, Declaring a Public Nuisance, Declaring the Work to be of an Urgent Necessity, and Making Certain Findings in Connection Therewith; (2) authorize the City Manager to enter into contracts up to $1,400,000 for said emergency work as detailed in Exhibit A to this report; and (3) adopt Resolution 05-XX Amending the Fiscal Year 2005-2006 Budget to Increase Revenues and Appropriations to Provide Funding for the Additional Remedial Work for the Stabilization of the Failing Hillside at Ferrocarril/Encorvado.

24 Marguerite Recreation Center (YMCA) Renovation (CIP 992)—Fire Suppression System (0400-10)

Recommended Action: (1) Award the contract for the Marguerite Recreation Center YMCA Fire Suppression System to Crown Fire Protection in an amount of $203,750.00 and (2) award a contract to Friess Construction, Inc. in an amount not to exceed $45,100.00.

25. Gymnasium - Consider Terminating Joint-Use Agreement No. 3; Withdraw Grant Application; and Consider Community Gym on City Property Adjacent to the Murray Community & Senior Center (0730-30)

Recommended Action: (1) Terminate Supplemental Joint Facilities Use Agreement No. 3 between the City of Mission Viejo and the Capistrano Unified School District for a Joint-Use gymnasium at Newhart Middle School; (2) withdraw the City of Mission Viejo's grant application submitted to the State for construction of the Joint-Use gymnasium; and (3) approve a budget of $5 million to design and construction a community gymnasium on City property adjacent to the Murray Community & Senior Center.

Recommended Action: Adopt Plaquemines Parish, Louisiana, as a demonstration of our compassion and support.

Recommended Action: Direct Staff to schedule an informal "Town Hall" Meeting to provide an opportunity for residents to address the City Council on issues, and to ask questions in a less formal and more flexible setting.