City Council Agenda - 02/20/06

Attention: There is an item of great importance to Mission Viejo residents on this agenda.

Item 19 - Steadfast’s Mixed use project. This poorly considered project will reduce our city’s income by more than $3 million over the next ten years.

MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees

 February 20, 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. Conference With Real Property Negotiator Pursuant To Government Code Section 54956.8. Property: The Approximate 2.7 Acre Site, Together With an Approximate .7 Acre Site Generally Located at 28715-28841 Los Alisos Boulevard and Assessor Parcel No. 839-161-07; City Negotiators: Dennis Wilberg, City Manager, Charles Wilson, Director of Community Development, and William P. Curley, City Attorney; Negotiating Parties: The City of Mission Viejo, and Foothill Market Place by Ray DeAngelo; Factors Affecting Price and Terms.

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 10.5Acre Identified as Assessors Parcel Number 809-541-11, Parcel Map No. 81-159 Generally Situated Easterly of the Intersection of Jeronimo Road and Los Alisos Boulevard in the City of Mission Viejo Owned by Steadfast Companies. CDA Negotiators: Dennis Wilberg, City Manager/CDA Executive Director, Charles Wilson, Director Of Community Development, James Williams, Economic Advisor, Celeste Brady, CDA Counsel, William P. Curley, III, Esq., City Attorney. Negotiating Parties: CDA Negotiators on Behalf of Community Development Agency of The City of Mission Viejo; and Ralph Deppisch, Steadfast Companies, Nicole Murray, Fieldstone Communities, Inc. Under Negotiation: Potential Acquisition and/or Disposition of Real Property Interests for LongTerm 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.

CS4. 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

INVOCATION:   Council/Agency Member Reavis 

PLEDGE OF ALLEGIANCE: Mayor/Chair MacLean

MUSICAL PRESENTATION: Margaret Huntington, Junior at Mission Viejo High School

PRESENTATIONS

P1. Proclaim Dr. Edgar Folkers to Be a Hometown Hero (0410-80)

Recommended Action: Present proclamation.

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 February 6, 2006, as presented or amended; and (2) approve the Closed Session Minutes for the Regular Meeting of February 6, 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—Amanda Ford (0180-15)

Recommended Action: Reject claim

5. Claim Against the City—Sonia Dezham (0180-15)

Recommended Action: Reject claim.

6. Check Register Dated January 27, 2006, in the Amount of $872,442.94 (0300-30)

Recommended Action: Ratify the accompanying check register.

7. Check Register Dated February 3, 2006, in the Amount of $744,921.17 (0300-30)

Recommended Action: Ratify the accompanying check register.

8. Air Quality Improvement Special Revenue Fund Financial Statements with Report on Audit by Independent Certified Public Accounts for the Fiscal Year Ended June 30, 2005 and AB 2766 Annual Program Report June 30, 2005 (0230-15) (0300-40)

Recommended Action: Receive and file the reports.

9. City Financial Statements For the Six Months Ended December 31, 2005 (0300-40)

Recommended Action: Receive and file the report.

10. Community Development Agency (CDA) Financial Statements For the Six Months Ended December 31, 2005 (0300-40)

Recommended Action: Receive and file the report.

11. Community Development Financing Authority (CDFA) Financial Statements For The Six Months Ended December 31, 2005 (0300-40)

Recommended Action: Receive and file the report.

12. City Treasurer’s Monthly Report for December 2005 (0320-80)

Recommended Action: Receive and file the report.

13. Community Development Agency (CDA) Treasurer’s Report for December 2005 (0320-80)

Recommended Action: Receive and file the report.

14. Community Development Financing Authority (CDFA) Treasurer’s Report for December 2005 (0320-80)

Recommended Action: Receive and file the report.

15. Cat Isolation and Rabbit Hut Buildings (0760-30)

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

16. Rubberized Asphalt Concrete Incentive Grant Programs

Recommended Action: (1) Adopt Resolution 06-XX Authorizing the Submittal of an Application to the California Integrated Waste Management Board for a Targeted Rubberized Asphalt Concrete Incentive Grant and (2) adopt Resolution 06-XX Authorizing the submittal of an Application to the California Integrated Waste Management Board for a Senate Bill 1346 Rubberized Asphalt Concrete Grant.

17. La Paz Roadway and Bridge Widening Improvements (CIP 756/761) (0400-10)

Recommended Action: (1) Approve the First Amendment with Parsons Transportation Group, Inc., for the provision of final design and right-of-way engineering services for said project; (2) issue a purchase order to Parsons Transportation Group, Inc., in an amount not to exceed $975,903; and (3) authorize the issuance of a purchase order to Charles Abbott Associates in an amount not to exceed $47,500 for contract administration services.

18. Tierra Nativa 2006—“What a Difference a Decade Makes” (0950-30)

Recommended Action: Receive and file.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

19. General Plan Amendment GPA2004-24, Zone Change ZC2005-17, Tentative Tract Map TTM 16877, Planned Development Permit PDP2005-146, Planned Development Permit PDP2005-147, Conditional Use Permit CUP2005-230, Development Agreement DA2005-2, and Environmental Impact Report filed by Steadfast Companies and Target Corporation for the future Development of 144 Attached Townhome Units on Approximately 10.0 Acres of Undeveloped Land and a ñ140,791 Square Foot Retail Building on Approximately 13.4 acres of Undeveloped Land at 25565 Los Alisos Boulevard. The Subject Site is Generally Situated Easterly of the Intersection of Jeronimo Road and Los Alisos Boulevard and Further Described as Assessor Parcel Number 809-541-11 (0480-20)

Recommended Action: Consider the Planning and Transportation Commission’s recommendation to approve the proposed project.

OLD BUSINESS

20. 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.

21. Agreement for City Attorney Services (0400-10)

Recommended Action: Approve the agreement with Richards, Watson and Gershon to provide City Attorney services to the City

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

Recommended Action: Receive the report.

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

Recommended Action: Receive the report.

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

Recommended Action: Receive the report.

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

Recommended Action: Receive the report.

26. Vector Control Board Report (0410-40)

Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS

Council/Agency Member Kelley

Council/Agency Member Ledesma

27. Number not used.

Council/Agency Member Reavis

28. Ad Hoc Committees (0120-80)

Recommended Action: Direct the City Manager to begin keeping a complete list of all Ad Hoc Committees directed by the Mayor. Begin to keep schedules of when and where those committees meet. Begin a process to have minutes of those meetings taken and made available to all Council Members and members of the public.

29. Eminent Domain (0490-05)

Recommended Action: Implement a City Policy to prevent the City from using Eminent Domain. Discuss and consider placing a Measure on the November Ballot for our residents to decide the question for the future of the City.

Mayor Pro Tempore/Vice Chair Ury

30. Franchise Audits (0310-30)

Recommended Action: Direct staff to prepare a report, including estimated costs, schedule, if we need to RFP, etc., for conducting audits of all the City’s franchisees for the past five years, for consideration as part of the mid-year budget review on March 6.

31. Oso Parkway Signal Synchronization (0860-50)

Recommended Action: Send a letter to OCTA recommending Oso Parkway for South County Traffic Synchronization Project.

Mayor/Chair MacLean

ADJOURNMENT TO MARCH 6, 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.