Mission Viejo City Council Agenda

MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees

February 6, 2006, 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 Kelley
Council/Agency Member Ledesma
Council/Agency Member Reavis
Mayor Pro Tempore /Vice Chair Ury
Mayor / Chair MacLean

Invocation, Pledge of Allegiance, Musical Presentation, Presentations, Public Comments, and Public Hearings will be held at 6:00 p.m. or as soon as possible thereafter.

CLOSED SESSION

CS1. 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.

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.

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, Via Curacion 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, and the Major Department Store space currently occupied by Macy’s, and the Major Department Store space currently occupied by Robinson’s May. CDA Negotiators: Dennis Wilberg, City Manager/CDA Executive Director, Irwin Bornstein, Assistant City Manager, Charles Wilson, Director of Community Development, James Williams, Economic Advisor, Celeste Brady, CDA Counsel. Owner Negotiators on behalf of Mission Viejo Associates, L.P. (“”Owner”) from Simon Property Group, the Owner entity’s managing general partner Arthur Spellmeyer, William Hammer, Bruce Moore, Esq. 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 above-referenced three Major Department Store spaces 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 are Modification, if any, of covenant(s) in Agreement Affecting Real Property Scope and schedule of re-tenanting, additional improvements, if any, and/or redevelopment of the three above-reference Major Department Saks Building for re-tenanting with new major anchor tenant(s).

REPORT OF CLOSED SESSION

INVOCATION: Council/Agency Member Kelley

PLEDGE OF ALLEGIANCE: Council/Agency Member Ledesma

MUSICAL PRESENTATION: Daveene Teeter, music student from Saddleback College

PRESENTATIONS

P1. Recognize 2005 Employees of the Year (0410-80)

Recommended Action: Present plaques to (1) City Engineer Richard Schlesinger, City of Mission Viejo Employee of the Year; (2) Deputy Sheriff II Steve Sherrill, Orange County Sheriff’s Department Employee of the Year; and (3) Fire Apparatus Engineer Peter Beal, Orange County Fire Authority Employee of the Year.

P2. Presentation of Financial Reporting Awards Received During 2005 from the Government Finance Officers Association of the United States and Canada and the California Society of Municipal Finance Officers (0410-80)

Recommended Action: Receive awards.

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: (1) Approve the Open Session Minutes for the Regular Meeting of January 16, 2006, as presented or amended; (2) approve the Closed Session Minutes for the Regular Meeting of January 16, 2006, as presented or amended; (3) approve the Open Session Minutes for the Special Meeting of January 17, 2006, as presented or amended; and (4) approve the Closed Session Minutes for the Special Meeting of January 17, 2006, as presented or amended.

3. Summary of Fiscal Year 2005-2006 Budget Amendments To Date (0330-30)

Recommended Action: Receive and file.

4. Claim Against the City—Brittany O’Neil (0180-15)

Recommended Action: Reject claim.

5. Check Register Dated January 6, 2006, in the Amount of $1,360,958.24 (0300-30)

Recommended Action: Ratify the accompanying check register.

6. Check Register Dated January 13, 2006, in the Amount of $658,981.66 (0300-30)

Recommended Action: Ratify the accompanying check register.

7. Check Register Dated January 20, 2006, in the Amount of $2,386,847.44 (0300-30)

Recommended Action: Ratify the accompanying check register.

8. Destruction of Records—Citywide Contracts (0170-50)

Recommended Action Adopt Resolution 06-XX Authorizing and Directing the City Clerk to Destroy Certain City Records and Documents Pursuant to the Government Code of the State of California.

9. Destruction of Records—Library (0170-50)

Recommended Action: Adopt Resolution 06-XX Authorizing and Directing the City Clerk to Destroy Certain City Records and Documents Pursuant to the Government Code of the State of California

10. Ordinance Amending Chapter 9.45 “Minor Exceptions:” of the Mission Viejo Municipal Code (0480-20)

Recommended Action: Adopt Ordinance 06-237 Amending Chapter 9.45 “Minor Exceptions” of the Mission Viejo Municipal Code.

11. Marguerite Recreation Center (YMCA) Renovation (CIP 992) and Sierra Recreation Center (CIP 984)—Pool Area Rehabilitation (0740-30)

Recommended Action: Authorize staff to re-bid the pool area rehabilitation project in July 2006.

12. Cellular Telecommunications Master Plan (0400-10)

Recommended Action: (1) Approve the agreement with ATS Communications for preparation of a Cellular Telecommunications Master Plan in an amount not to exceed $200,000; and (2) adopt Resolution 06-XX Amending the Fiscal Year 2005–2006 Budget to Appropriate Funds to Cover the Cost of the Preparation of the Cellular Telecommunication Master Plan.

13. Citywide Pavement Management Program Update (0400-10)

Recommended Action: Award the contract for the update of the City’s Pavement Management Program to Nichols Consulting Engineers, Chartered, in the amount of $67,100.

14. Assembly Bill 939 Recycling Surcharge (0480-70)

Recommended Action: Review and approve the draft letter for implementing an AB 939 Recycling Surcharge at all Orange County Landfills and authorize the Mayor to sign a letter for support.

15. Transportation Technician Contract Services (0400-10)

Recommended Action: (1) Approve the second amendment to the agreement with Charles Abbott Associates, Inc., to modify Exhibit C and Exhibit D of the contract, and (2) authorize staff to issue a purchase order to Charles Abbott Associates, Inc., for the period from July 5, 2005, to June 30, 2006, in the amount of $104,000 for a contract Transportation Technician.

16. Request From the Leukemia and Lymphoma Society to Utilize the Sierra Recreation Center (0740-10)

Recommended Action: Approve a request by the Leukemia and Lymphoma Society’s “Team In Training” to use the Sierra Recreation Center swimming pool free of charge one hour per week from February 8 through November 20, 2006.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

OLD BUSINESS

17. Planning and Transportation Commission Appointment (0120-10-15)

Recommended Action: That Mayor MacLean nominate and the City Council ratify one member to the Planning and Transportation Commission.

18. Number not used.

NEW BUSINESS

19. Community Opinion Survey (0500-90)

Recommended Action: (1) Approve consultant’s recommendation to conduct Phase II of the Community Opinion Survey (residents only) at a total cost of $20,200; (2) provide individual suggestions on survey topics or questions by email directly to the Assistant City Manager; and (3) appoint an ad hoc committee to review the final survey questionnaire.

20. Council Policy for Attendance/Travel on City Business (0410-90)

Recommended Action: Adopt Resolution 06-XX Amending Council Policy 0100-3 Relating to Attendance/Travel-City Business and Amending the City Council Policy Manual.

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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