City Council Agenda - 03/06/06

MISSION VIEJO AGENDA

City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees
 March 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 10.5Acre 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, 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.

CS3. 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, William P. Curley III, City Attorney. 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

CS4. Conference with the City’s Real Property Negotiator and Attorney (City Manager Dennis Wilberg and City Attorney William P. Curley III) Pursuant to Government Code Section 54956.8 Concerning Real Property Located at 27341 Trabuco Circle Known as the Saddleback Valley YMCA in the City of Mission Viejo. The Negotiating Parties Are the YMCA and the City of Mission Viejo. Under Negotiation Will Be the Price and Terms of Payment for the Property Interest and/or Leasehold Interest to Be Conveyed.

REPORT OF CLOSED SESSION

INVOCATION:  Mayor Pro Tempore/Vice Chair Ury  

PLEDGE OF ALLEGIANCE: Council/Agency Member Kelley

MUSICAL PRESENTATION: Tayler Green, Junior at Mission Viejo High School

PRESENTATIONS

P1. Certificate of Appointment for Newly Appointed Planning and Transportation Commissioner Richard Sandzimier (0410-80)

Recommended Action: Present certificate.

P2. Recognize Sergeant Lance Dunckel, MissionViejo Police Services, Upon his Retirement From the Orange County Sheriff’s Department

Recommended Action: Present proclamation.

P3. Presentation of Awards to Four Mission Viejo Sheriff Deputies by Mothers Against Drunk Drivers (MADD) (0410-80)

Recommended Action: Present 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 February 20, 2006, as presented or amended; and (2) approve the Closed Session Minutes for the Regular Meeting of February 20, 2006, 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 February 10, 2006, in the Amount of $570,027.19 (0300-30)

Recommended Action: Ratify the accompanying check register.

5. Check Register Dated February 17, 2006, in the Amount of $1,149,358.86 (0300-30)

Recommended Action: Ratify the accompanying check register.

6. Aliso Ridge Mixed Use Development Agreement and Zone Change ZC2005-17 (0600-10)

Recommended Action: (1) Adopt Ordinance 06-238 Approving Zone Change ZC2005-17, To Change The Zoning Designation From BP (Business Park/Industrial) To RPD 30 (Residential Planned Development) For Approximately 10.0 Acres Of The Property Located Easterly Of The Intersection Of Los Alisos Boulevard And Jeronimo Road. The Site Is Further Described As Assessor Parcel Number 809-541-11; and (2) adopt Ordinance 06-239 Approving A Development Agreement 2005-2 To Govern Future Use And Development Related To The Aliso Ridge Mixed-Use Development.

7. Marketing Plan and Schedule for Building Permit Penalty Waiver Program (0800-90)

Recommended Action: Approve the proposed Marketing Plan and Schedule for Building Permit Penalty Waiver Program to be implemented from April 1, 2006 to September 1, 2006.

8. Pictometry Software Licensing (0400-10)

Recommended Action: Approve a license agreement with Pictometry International Corporation in the amount of $21,550 for the two-year period November 2005 through November 2007, and authorize the issuance of a purchase order to Pictometry in the amount of $10,775 for the period November 2005 to November 2006 for aerial oblique images and application software.

9. City Park Monument, Regulation, and Informational Signs (0730-10)

Recommended Action: (1) Approve the bid specifications for the subject project and authorize staff to execute them; and (2) authorize staff to advertise for bids for the subject project.

10. Oso/Marguerite Intersection Improvements (CIP 844) (0820-50)

Recommended Action: (1) Authorize the issuance of a purchase order to Huitt-Zollars, Inc., in an amount not to exceed $330,130 for design services for the Oso/Marguerite Intersection Improvements; (2) authorize the issuance of a purchase order to Overland, Pacific & Cutler, Inc., in an amount not to exceed $102,450 for right-of-way acquisition services; and (3) authorize the issuance of a purchase order to Charles Abbott Associates in an amount not to exceed $38,000 for contract administration services.

11. Annual Maintenance Program for Park, Right-of-Way, and Facility Lighting Maintenance and Electrical Repair (0400-10)

Recommended Action: Approve the Fifth Amendment to the existing contract with C & D Electric, Inc to increase the contract in an amount not to exceed $75,000.

12. Special Counsel Compensation (0400-10)

Recommended Action: Approve the Third Amendment to the contract with Thomas W. Allen in the amount of $2,250.00.

13. Park and Security Lighting Replacement (CIP 990) (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 field with or by the City; (4) authorize the payment of the final retention of $52,656 35 days after the date of recordation of the Notice of Completion.

14. Community Development Agency (CDA) Mid-Year Budget Adjustments for Fiscal Year 2005–2006 (0330-30)

Recommended Action: Adopt Resolution 06-XX Amending the Fiscal Year 2005–2006 Budget for Adjustments in Certain Revenue and Appropriation Accounts.

15. Repair of Crestron Voting System (0400-10)

Authorize staff to issue a purchase order to Hammack Audio Video Solutions, Inc. (HAVS) for services to repair the Crestron Voting System in the amount of $36,824 and to enter and approve a contract or substantially equivalent assurances of performance.

16. Purchase of Replacement Computers (0380-40)

Recommended Action: Authorize staff to issue a purchase order to Dell in the amount of $235,000 for the purchase of 221 replacement computers.

17. Report of Rejection of Claim—First National Insurance Company of America (0180-15)

Recommended Action: Receive the report.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

18. Mid-Year Budget Review for Fiscal Year 2005–2006 (0330-30)

Recommended Action: Adopt Resolution 06-XX Amending the Fiscal Year 2005–2006 Budget for Adjustments in Certain Revenue and Appropriation Accounts and for a Revision to the Authorized Position Schedule.

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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.

23. Vector Control Board Report (0410-40)

Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report

23A. Request for the City of Mission Viejo to Adopt the Headquarters Battalion of the 1st Marine Division, United States Marine Corps, Camp Pendleton

Recommended Action: Receive oral report and direct staff as necessary.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

Council/Agency Member Kelley

Council/Agency Member Ledesma

Council/Agency Member Reavis

24. UDR Park Fees, In-Lieu Of (0390-22)

Recommended Action: Negotiate settlement of in-lieu park fees for the UDR Project to include building of restroom facilities in Melinda Park and complete grading and improvements of two soccer fields at the Community Center to replace the ones due to be lost to the center expansion.

25. 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.

26. 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

27. 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.

Mayor/Chair MacLean

ADJOURNMENT TO MARCH 20, 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.