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

May 1, 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. 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 I- - 5 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, and William Curley, City Attorney. 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 re-tenanting 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-referenced Major Department Store buildings for re-tenanting with new Major Anchor Tenants.

CS2. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6.

CS3. Public Employee Performance Evaluation of the Incumbent for the Position of City Clerk Pursuant to Government Code Sections 54957 and 54957.6.

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.

CS5. Conference with City Attorney Concerning One Matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Jose Guadalupe Gomez Mejia; Orange County Community Housing Corporation; Public Law Center v. City of Mission Viejo.

REPORT OF CLOSED SESSION

INVOCATION: Council/Agency Member Kelley

PLEDGE OF ALLEGIANCE: Council/Agency Member Ledesma

MUSICAL PRESENTATION: Keeley Reed of the Mission Viejo High School Choir

PRESENTATIONS

P1. Proclamation in Honor of the Forty-Fifth Anniversary of Bristol Park Medical Group

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 April 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. Check Register Dated April 7, 2006, in the Amount of $727,751.15 (0300-30)

Recommended Action: Ratify the accompanying check register.

5. Check Register Dated April 14, 2006, in the Amount of $1,189,227.76 (0300-30)

Recommended Action: Ratify the accompanying check register.

6. Posted Speed Limit on Trabuco Circle (0860-20)

Recommended Action: Adopt Ordinance 06-241 Amending Chapter 12.04.010(D) of the Mission Viejo Municipal Code Regarding Prima Facie Speed Limits on Trabuco Circle.

7. Purchase of Annual Support for Integrated Library System Software and Hardware for the Mission Viejo Library (0380-40)

Recommended Action: Authorize the issuance of a Purchase Order to Dynix in the amount of $41,093.21, for the 2006-2007 annual maintenance of the integrated library system’s hardware and software.

8. City Park Monument, Regulation and Information Signs (0400-10)

Recommended Action: Award the contract for the purchase and installation of Park Monument, Regulation and Information signs to Hoke Outdoor Advertising, Inc in an amount not to exceed $77,713.26.

9. Amendment to Marguerite Recreation Center (YMCA) Renovation Capital Improvement Project (CIP 992) and Modifications to the Current YMCA Operating Agreement (0330-30) (0400-10)

Recommended Action: (1) Adopt Resolution 06-XX Amending the Fiscal Year 2005–2006 Budget to Increase funding for the Marguerite Recreation Center (YMCA) Renovation Capital Improvement Project (CIP 992); and 2) approve the First Amendment to the current operating agreement with the YMCA amending Section 6A to increase the amount of the current spending limit by $435,818.10.

10. Marguerite Recreation Center (YMCA) Renovation (CIP 992) – Play Area (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 or by the City; (4) authorize the payment of the final retention of $23,851.90 35 days after the date of recordation of the Notice of Completion.

11. Sergeant Matt Davis Park (CIPs 306 and 962) (0730-30)

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

12. License Agreement with L.T. Engineering (0400-10)

Recommended Action: Approve License Agreement with L.T. Engineering for the period of May 1, 2006 through June 30, 2007.

13. Fiscal Year 2005-2006 Budget Amendment —Waste Management Franchise Audit (0330-30)

Recommended Action: Adopt Resolution 06-XX Amending the Fiscal Year 2005–2006 Budget for an Audit of the Waste Management Refuse Franchise.

14. Purchase of Five Replacement Police Services Motorcycles (0400-10)

Recommended Action: (1) Award a Purchase Agreement for Five Police Motorcycles to Huntington Beach Honda in the amount of $98,688.40; and (2) authorize staff to issue a purchase order to Huntington Beach Honda in the amount of $39,475.36 for the purchase of two motorcycles in Fiscal Year 2005-2006.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

15. Urgency Ordinance Extending the Prohibition of the Establishment of Marijuana Dispensaries in Any Zoning District Within the City (0480-20)

Recommended Action: (1) Adopt the Proposed Urgency Ordinance 06-XX Extending the Prohibition of the Establishment of Marijuana Dispensaries in Any Zoning District Within the City and (2) direct staff to continue the analysis of issues regarding permissibility of, appropriate location (if any) and operational criteria, draft appropriate ordinances or regulations for consideration by the Planning and Transportation Commission and City Council.

16. Ordinance Amending Various Sections of Title 5 of the Mission Viejo Municipal Code Pertaining to Massage Establishment Regulations and Title 9 of the Mission Viejo Municipal Code Pertaining to Nuisance Abatement (0480-20)

Recommended Action: Introduce Ordinance 06-XX Amending Sections. 5.01.010, 5.03.200, 5.03.208, 5.03.220, 5.03.226, 5.03.230, 5.03.232, 5.03.236, 5.03.244, and 5.03.246 of Title 5 of the Mission Viejo Municipal Code Pertaining to Massage Establishment Regulations and Sections 9.01.050, 9.59.110, 9.59.115, and 9.59.140 of Title 9 of the Mission Viejo Municipal Code Pertaining to Nuisance Abatement.

OLD BUSINESS

17. Audit of Capistrano Unified School District (0310-20)

Recommended Action: Approve the proposed scope of work as noted on Exhibit A of the accompanying Request for Proposals.

NEW BUSINESS

18. Discussion of Fiscal Impact of Proposal to Eliminate Permit Fees for Home and Business Construction Improvements Utilizing Energy Efficient Measures (0390-24)

Recommended Action: Provide direction to staff.

19. Fiscal Year 2006–2007 Budget Revision Process (0330-30)

Recommended Action: (1) Adopt proposed budget calendar for revising the Fiscal Year 2006–2007 Budget and (2) provide input on items to be included in the Fiscal Year 2006–2007 Budget.

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

20. Community Services Master Plan (0730-10)

Recommended Action: (1) Approve the Community Services Commission’s recommendation for approval of the Community Services Master Plan and (2) direct the Community Services Commission to develop a prioritized implementation program for the Community Services Master Plan’s objectives.

21. Restroom Master Plan for Neighborhood Parks (0730-30)

Recommended Action: (1) Approve the Community Services Commission’s recommendation for the prioritized Restroom Master Plan for Neighborhood Parks and (2) Refer the construction of a restroom facility in Melinda Park for consideration during the mid-cycle budget adjustments.

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