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MISSION VIEJO AGENDA City Council, Community Development Agency, Community Development Financing Authority, Public Improvement Corporation, and Library Board of Trustees December 5, 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: Pledge of Allegiance: Council/Agency Member Ury Invocation: Council/Agency Member Ledesma Presentations, Public Comments, and Public Hearings will be held at 6:00 p.m. or as soon as possible thereafter. CLOSED SESSION CS1. Conference With Real Property Negotiator Pursuant To Government Code Section 54956.8. Property: The Real Property Commonly Known as The Shops at Mission Viejo (“Mall Property”) That is Generally Bounded by Crown Valley Parkway to the North, Medical Center Road to the East, Marguerite Parkway to the Southeast, Shops Blvd. to the South, and the I5 San Diego Freeway to the West and Comprised of Assessor Parcel Nos. (APNs) 740-011-38, 740-011-39, 740-011-43, 740-011-45, 740-121-15 Owned by Mission Viejo Associates, L. P., a California Limited Partnership, With Particular Consideration of the Major Department Store Space Currently Occupied by Saks Fifth Avenue (“Saks Building”); CDA Negotiators: Dennis Wilberg, City Manager/CDA Executive Director, Irwin Bornstein, Assistant City Manager/Director of Administrative Services, 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 Arthur Spellmeyer, William Hammer, Bruce Moore, Esq. on Behalf of Mission Viejo Associates, L.P. (“Owner”) from Simon Property Group, the Owner Entity’s Managing General Partner; Under Negotiation: Amendment and/or Modification of Certain Use and Operating Covenants Set Forth in that Certain Agreement Affecting Real Property Entered into Between Owner and CDA Dated as of May 1, 1999 and Recorded in the Official Records, County of Orange as Instrument No. 19990362969, Which Agreement is a Non-Subordinate Real Property Interest in the Mall Property Held by the CDA, All in Connection With the Potential ReTenanting of the Saks Building by Owner and the Price and Terms of Payment, if any, Related to Proposed Modification of Such Real Property Interest; Factors Affecting Price and Terms under Negotiation: Modification, if any, of Covenant(s) in Agreement Affecting Real Property, and Scope and Schedule of Improvements and Redevelopment of Saks Building for Re-Tenanting With New Major Anchor Tenant(s) CS2. Public Employee Performance Evaluation for the Position of City Attorney Pursuant to California Government Code Section 54957. CS3. Public Employee Dismissal/Release for the Position of City Attorney Pursuant to California Government Code Section 54957. CS4. 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. REPORT OF CLOSED SESSION PRESENTATIONS P1. Mayor’s State of the City Address (0160-65) Recommended Action: Receive video address. 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 21, 2005, as presented or amended; (2) approve the Closed Session Minutes for the Regular Meeting of November 7, 2005, as presented or amended; and (3) approve the Closed Session Minutes for the Regular Meeting November 21, 2005., as presented or amended. 3. Summary of Fiscal Year 2005-2006 Budget Amendments To Date (0330-30) Recommended Action: Receive and file. 4. Check Register Dated November 11, 2005, in the Amount of $1,239,976.33 (0300-30) Recommended Action: Ratify the accompanying check register. 5. Check Register Dated November 18, 2005, in the Amount of $664,676.58 (0300-30) Recommended Action: Ratify the accompanying check register. 6. Number not used. 7. Comprehensive Annual Financial Report for the City of Mission Viejo for the Fiscal Year Ended June 30, 2005 (0300-40) Recommended Action: Receive and file the report. 8. Fiscal Year 2004–2005 Community Development Agency (CDA) Annual Report (0300-40) Recommended Action: Receive, file, and transmit the report to the State Controller. 9. Report on Internal Controls Over Investments (0350-90) Recommended Action: Receive and file the report. 10. Final Draft of Voluntary Green Building 2–Year Pilot Program for the City of Mission Viejo (0660-90) Recommended Action: Adopt Resolution 05-XX Approving a Voluntary Green Building 2–Year Pilot Program. 11. Community Services Funding Program for Fiscal Year 2005–2006 (0330-25) Recommended Action: Approve the Community Services Commission’s recommended funding amounts for Fiscal Year 2005–2006. 12. Evaluation of City Attorney Firms (0400-10) Recommended Action: Approve the First Amendment to the Contract with Thomas W. Allen in the amount of $3,000. 13. Early Closure of Mission Viejo Library on Saturday, December 24, 2005, and Mission Viejo Animal Shelter on Saturday, December 24, 2005, and Saturday, December 31, 2005 (0750-20) (0760-20) Recommended Action: Approve request to close the Mission Viejo Library three hours early, at 2:00 p.m., on Saturday, December 24, 2005, and to close the Mission Viejo Animal Shelter two hours early, at 2:00 p.m., on Saturday, December 24, 2005, and Saturday, December 31, 2005. 14. Annual Maintenance Program for the Repair and Reconstruction of Streets, Drainage Channels, Storm Drains, Slopes and Emergency Response (0400-10) Recommended Action: (1) Award the contract for the subject program to L.T. Engineering for the period of December 15, 2005 to June 30, 2007, in an amount not to exceed $ 420,000.00; (2) authorize the issuance of a purchase order to L.T. Engineering for the period of December 15, 2005 through June 30, 2006, in an amount not to exceed $120,000.00; and (3) adopt Resolution 05-XX Amending the Fiscal Year 2005-2006 Budget to Fund the Balance of the Annual Maintenance Program for the Repair and Reconstruction of Streets, Drainage Channels, Storm Drains, Slopes and Emergency Response. 15. Ferrocarril Slope Failure—Ratification of Contract with L.T. Excavating, Inc., dba L.T. Engineering (0400-10) Recommended Action: Ratify approval of contract with L.T. Excavating, Inc., dba L.T. Engineering, in the amount of $901,077.75 for the emergency stabilization of the Ferrocarril slope failure. 16. Progress Report from the Mission Viejo Community Foundation (0130-60) Recommended Action: Receive and file the report. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS OLD BUSINESS 17. Norman P. Murray Community and Senior Center Expansion (CIP 994) – Planned Development PDP2005-154 (0720-30) Recommended Action: Approve Planned Development PDP2005-154 for the Norman P. Murray Community and Senior Center Expansion Project. NEW BUSINESS MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 18. Mission Viejo Community of Character Intermediate School Essay Contest (0410-80) Recommended Action: Approve the Community Services Commission’s and the Community of Character Committee’s recommendation for a Mission Viejo Community of Character Intermediate School Essay Contest. 19. Orange County Fire Authority (OCFA) Report (0410-40) Recommended Action: Receive the report. 20. Foothill/Eastern Transportation Corridor Agency Report (0410-40) Recommended Action: Receive the report. 21. San Joaquin Hills Transportation Corridor Agency Report (0410-40) Recommended Action: Receive the report. 22. Measure M Reauthorization Super Committee (0410-40) Recommended Action: Receive the report. STAFF REPORTS City Manager’s Report City Attorney’s Report COUNCIL MEMBER COMMENTS Council/Agency Member Ledesma Council/Agency Member Reavis Council/Agency Member Ury Mayor Pro Tempore/Vice Chair MacLean Mayor/Chair Kelley CITY COUNCIL REORGANIZATION 23. Election of Mayor and Mayor Pro Tempore (0410-20) ADJOURNMENT TO TUESDAY, JANUARY 3, 2006, 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. |
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