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 15, 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.

CS6. 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

CS1. Tolling and Standstill Agreement

Recommended Action: Authorize CDA Executive Director to enter into a Tolling and Standstill Agreement between Mission Viejo Associate, L.P. and the Community Development Agency of the City of Mission Viejo in follow-up to direction received from CDA board in closed session.

INVOCATION: Council/Agency Member Reavis

PLEDGE OF ALLEGIANCE: Mayor Pro Tempore/Vice Chair Ury

MUSICAL PRESENTATION: "Sixth Grade Performing Arts Group" from DePortola Elementary School

PRESENTATIONS

P1. Proclaim May 2006 to Be Water Awareness Month in Mission Viejo (0410-80)

Recommended Action: Present a proclamation to the El Toro Water District, the Moulton Niguel Water District, and the Santa Margarita Water District.

P2. Proclaim the Week of May 14 through May 21, 2006, To Be Emergency Medical Services Week in Mission Viejo (0410-80)

Recommended Action: Present proclamation.

P3. Proclaim the Week of May 21 through May 27, 2006, To Be Public Works Week in Mission Viejo (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 May 1, 2006, as presented or amended; and (2) approve the Open Session Minutes for the Town Hall Meeting of May 8, 2006, as presented or amended.

3. Number not used.

4. 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 06-242 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.

5. Annual Weed Abatement Program for Parcels Under Once Acre—Year 2006 Phase I (0240-50)

Recommended Action: (1) Adopt Resolution 06-XX Declaring That Certain Weeds, Rubbish, Refuse, and Dirt on Parcels Under One Acre Constitute Nuisances; Declaring the Intention of the City Council to Order the Abatement of Said Nuisances; and Fixing a Time and Place for Hearing Protests; (2) instruct the Public Services Department to mail a Notice to Destroy Weeds in accordance with Section 39566 of the Government Code; and (3) instruct the City Clerk to set the Public Hearing for July 3, 2006.

6. Issuance of Mission Viejo Community Development Agency 2006 Tax Allocation Notes (0340-05)

Recommended Action: (1) Adopt CDA Resolution 06-XX Amending the Fiscal Year 2005-2006 Budget for Adjustments to the 2006 Note Redevelopment Fund Estimated Revenue and Appropriation Accounts; (2) Adopt Resolution 06-XX Approving the Issuance by the Community Development Agency of the City of Mission Viejo of 2006 Tax Allocation Notes in a Principal Amount Not to Exceed $1,525,000, Authorizing the Sale of Such Notes by the Agency to the Mission Viejo Community Development Financing Authority, Authorizing the Purchase of Such Notes by the City From the Authority and Authorizing Official Actions; (3) adopt CDFA Resolution 06-XX Authorizing the Purchase and Sale of Community Development Agency of the City of Mission Viejo 2006 Tax Allocation Notes in a Principal Amount Not to Exceed $1,525,000 and Providing Other Matters Properly Relating Thereto; and (4) adopt CDA Resolution 06-XX Authorizing the Issuance of 2006 Tax Allocation Notes in a Principal Amount Not to Exceed $1,525,000.

7. Check Register Dated April 21, 2006, in the Amount of $1,713,557.29 (0300-30)

Recommended Action: Ratify the accompanying check register.

8. Check Register Dated April 28, 2006, in the Amount of $740,241.83 (0300-30)

Recommended Action: Ratify the accompanying check register.

9. City Treasurer’s Monthly Report for March 2006 (0320-80)