City Council Agenda - 11/21/05

Special items of interest:
CS5 - More redevelopment ‘risky business’. Why do we need to keep paying these auto dealers for doing business in MV?

Item #20 - Why do we need to pay a consultant $200K to ‘plan’ cellphone tower construction in MV. We have plenty of staff in our city Planning Department that can handle this work. This is a sneaky way to add extra employees.

MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees

 November 21, 2005, at 5:00 P.M.

 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

Roll Call: Council/Agency Member Ledesma

 Council/Agency Member Reavis

 Council/Agency Member Ury

 Mayor Pro Tempore/Vice Chair MacLean

 Mayor/Chair Kelley

Pledge of Allegiance: Mayor Pro Tempore/Vice Chair MacLean

Invocation: Mayor/Chair Kelley

Presentations, Public Comments, and Public Hearings will be held at 6:00 p.m. or as soon as possible thereafter.

CLOSED SESSION

CS1. Public Employee Performance Evaluation for the Position of City Attorney Pursuant to California Government Code Section 54957.

CS2. Public Employee Dismissal/Release for the Position of City Attorney Pursuant to California Government Code Section 54957.

CS3. 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.

CS4. 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.

CS5. 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.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Presentation by Judge Richard M. King of the Orange County Grand Jury Recommended Action: Receive presentation.

P2. Recognize the Teen Library Card Design Contest Winner
 Recommended Action: Present award to Monica Davila.

P3. Recognize the Boy Scouts of America and the Many Local Eagle Scouts Who Have Completed Projects and Provided Outstanding Volunteer Service in Mission Viejo Recommended Action: Present Certificate of Appreciation.

P4. Recognize the B’nai B’rith for 30 Years of Dedicated Volunteer Service to the Community|
 Recommended Action: Present Certificate of Appreciation.

P5. Recognize Laura Little, for Being Selected as One of 10 Outstanding Character Educators in Orange County, for Her Work in Promoting Character at Capistrano Valley High School
 Recommended Action: Present Certificate of Commendation.

P6. Recognize Ken Sayles for Earning the Champions for Character Award by the CIF for His Dedication in Working with the Capistrano Valley High School Girls Cross Country Track Teams
 Recommended Action: Present Certificate of Commendation.

PUBLIC COMMENTS

 

(Request-to-speak forms must be turned in before the Mayor announces this agenda item. Each speaker may be allotted three minutes. This portion of the agenda is limited to thirty minutes. Any remaining public comments will be heard at the end of the meeting.)

 

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 (0410-60)

 Recommended Action: Approve the Open Session Minutes for the Regular Meeting of November 7, 2005, as presented or amended.

3. Number not used

4. Claim Against the City—Kyle Healy (0180-15)

 Recommended Action: Reject claim.

5. City Treasurer’s Monthly Report for September 2005 (0280-40)

 Recommended Action: Receive and file the report.

6. Community Development Agency (CDA) Treasurer’s Report for September 2005 (0280-40)

 Recommended Action: Receive and file the report.

7. Community Development Financing Authority (CDFA) Treasurer’s Report for September 2005 (0280-40)

 Recommended Action: Receive and file the report.

8. City Financial Statements for the Three Months Ended September 30, 2005 (0300-40)

 Recommended Action: Receive and file the report.

9. Community Development Agency (CDA) Financial Statements for the Three Months Ended September 30, 2005 (0300-40)

 Recommended Action: Receive and file the report.

10. Community Development Financing Authority (CDFA) Financial Statements for the Three Months Ended September 30, 2005 (0300-40)

 Recommended Action: Receive and file the report.

11. Check Register Dated October 28, 2005, in the Amount of $976,875.40 (0300-30)

 Recommended Action: Ratify the accompanying check register.

12. Check Register Dated November 4, 2005, in the Amount of $738,678.22 (0300-30)

 Recommended Action: Ratify the accompanying check register.

13. Number not used.

14. Camino Largo Park, Phase II (CIP 794) Design (0400-10)

 Recommended Action: Approve the contract with RJM Design Group for the design of Camino Largo Park, Phase II (CIP 794), in an amount not to exceed $65,095.

15. Camino Largo Park (CIP 962) Mitigated Negative Declaration (0730-30)

 Recommended Action: Adopt Resolution 05-XX Adopting the Mitigated Negative Declaration for Camino Largo Park (CIP 962).

16. Geographic Information System (GIS) Data Licensing and Maintenance (0400-10)

 Recommended Action: Approve contract in the amount of $27,928.00 with Digital Map Products.

17. Fiscal Year 2004–2005 Residential Asphalt and Concrete Repair and Asphalt Overlay Project (CIP 836/838) (0400-10)

 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.

18. Extraordinary Rate Adjustment Request From Waste Management of Orange County for Roll-Off Box Haul Rate (1030-05)

 Recommended Action: Adopt Resolution 05-XX Approving the Proposed Extraordinary Trash Rate Adjustment of $5.09 Per Load for Roll-Off Services Effective January 1, 2006.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

OLD BUSINESS

18A. Ferrocarril Slope Failure—Ratification of Emergency Purchase Order

 Recommended Action: Ratify approval of Emergency Purchase Order No. 060209 to Steel Dynamics Sales North America, Inc., for the purchase of steel beams for construction of a soldier beam wall in the amount of $298,309.38.

NEW BUSINESS

19. Riverside County—Orange County Major Investment Study (0830-90)

 Recommended Action: (1) Receive and comment and (2) authorize the Mayor to sign the letter to Orange County Transportation Authority providing comments on the Riverside County—Orange County Major Investment Study’s Alternatives.

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

20. Cellular Telecommunications Master Plan Ad Hoc Committee (0120-80)

 Recommended Action: Consider the Ad Hoc Committee’s recommendation to direct staff to return to the City Council with an agreement with ATS Communications for preparation of a Cellular Telecommunications Master Plan in an amount not to exceed $200,000.

20A. Naming of Park Site Referred to as “Camino Largo” Park (0730-10)

 Recommended Action: Approve the Community Services Commission’s recommendation to name the park site referred to as “Camino Largo” Park as Camino Largo Park with an overlook area named the “Sergeant Matt Davis Overlook”.

21. El Toro Reuse Planning Authority (ETRPA) (0640-30)

 Recommended Action: Receive the report.

22. Measure M Growth Management Area 9 Inter-Jurisdictional Planning Forum (0640-30)

 Recommended Action: Receive the report.

23. Orange County Fire Authority (OCFA) Report (0410-40)

 Recommended Action: Receive the report.

24. Foothill/Eastern Transportation Corridor Agency Report (0410-40)

 Recommended Action: Receive the report.

25. San Joaquin Hills Transportation Corridor Agency Report (0410-40)

 Recommended Action: Receive the report.

26. Measure M Reauthorization Super Committee (0410-40)

 Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

27. Orange County Local Agency Formation Commission Draft Governance Plan for Existing and Planned Unincorporated Communities in South Orange County (0150-50)

 Recommended Action: Receive and comment.

28. Possible Parking Restrictions for Street Sweeping in Residential Neighborhoods (0870-20)

 Recommended Action: As necessary.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

Council/Agency Member Ledesma

Council/Agency Member Reavis

29. Nadadores Contract (0400-10)

Recommended Action: Review terms of contract, fulfill city obligation in order to net full utility costs. 

30. Saddleback Valley Unified School District Joint Use Ad Hoc (0120-80)

Recommended Action: Appoint two Council Members to work directly with the District on joint use projects to benefit the residents and the District. 

Council/Agency Member Ury

Mayor Pro Tempore/Vice Chair MacLean

Mayor/Chair Kelley

31. Adoption of Plaquemines Parish, Louisiana (0270-80)

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

32. Town Hall Meeting (0410-54)

 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.

ADJOURNMENT TO DECEMBER 5, 2005, AT 5:00 P.M.

NOTE: 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.