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MISSION VIEJO AGENDA City Council, Community Development Agency, City Hall, 200 Civic Center, Mission Viejo, California, 92691 CALL TO ORDER—CITY COUNCIL, COMMUNITY DEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY, PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF TRUSTEES Roll Call: 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 Government Code Section 54956.8 and Conference with Legal Counsel Re: Existing Tolling and Standstill Agreement and Potential Settlement, Government Code Section 54956.9(c). Property: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 reuse and redevelopment of Major Department Store space(s), including Macy’s and proposed building areas (PBA).CDA Negotiators:On behalf of Community Development Agency of the City of Mission Viejo (“CDA”):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, III, 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, and Bruce Moore, Esq. Under negotiation and discussion: The CDA and Owner are parties to an existing Tolling and Standstill Agreement (TSA) dated as of May 15, 2006 relating to an alleged default under the OPA and Covenants Agreement as described and defined in the TSA. CDA will consider the proposed price and terms of a real property transaction that may be the basis for an amendment of the OPA and Covenants Agreement (Amendment). The proposed Amendment will address potential retenanting of the Major Department Store space(s) and PBAs by Owner and the price and terms of payment, if any, related to proposed modification of the Covenants Agreement, a real property interest. Legal counsel will update CDA on the status of TSA and seek direction related to both the real property negotiations and the proposed settlement of the alleged default. Factors Affecting Price and Terms under Negotiation: (i) modification, if any, of Covenants Agreement; and (ii) scope and schedule of re-tenanting, additional improvements, if any, and/or redevelopment of Major Department Store space(s) and PBAs with new major anchor tenant(s). 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. REPORT OF CLOSED SESSION INVOCATION: PLEDGE OF ALLEGIANCE: MUSICAL PRESENTATION: John Huntington PRESENTATIONS 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: Approve the Open Session Minutes for the Regular Meeting of August 21, 2006, as presented or amended. 3. Number not used. 4. Check Register Dated August 11, 2006, in the Amount of $1,190,682.06 (0300-30) Recommended Action: Ratify the accompanying check register. 5.Check Register Dated August 18, 2006, in the Amount of $2,045,589.25 (0300-30) Recommended Action: Ratify the accompanying check register. 6.M.M. O’Neill Park Playground Renovation (CIP 989) (0400-10) (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 50% of the contractor’s retention; and (5) authorize the payment of the final retention 35 days after the date of recordation of the Notice of Completion. 7. Aurora Park Playground Renovation (CIP 989) (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 50% of the contractor’s retention; and (5) authorize the payment of the final retention 35 days after the date of recordation of the Notice of Completion. 8. Vista Del Lago Park Playground Renovation (CIP 989) (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 50% of the contractor’s retention; and (5) authorize the payment of the final retention 35 days after the date of recordation of the Notice of Completion. 9. Number not used. 10. Maintenance Contract Renewal for Storage Area network (SAN) (0380-45) Recommended Action: Authorize staff to issue a purchase order to Hewlett-Packard Company in the amount of $16,931.74 for one year (2006-2007) of support. 11. Oso Creek Barrier Upgrade Project (0400-10) Recommended Action: (1) Authorize the City Manager to execute the U.S. Environmental Protection Agency Grant Agreement; (2) authorize the City Manager to execute the draft Agreement to Fund the Oso Creek Barrier Upgrade Project with Santa Margarita Water District; and (3) adopt Resolution 06-XX Amending the Fiscal Year 2006–2007 Budget to Increase Estimated Revenues and Appropriations for the United States Environmental Protection Agency Grant Related to the Oso Creek Barrier Upgrade Project.. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 12. General Plan Amendment GPA 2006-25, Being a City Initiated Petition to Amend the Circulation Element of the City’s General Plan (0630-30) Approving General Plan Amendment GPA 2006-25, Being A City-Initiated Petition To Amend The Circulation Element Of The City’s General Plan. OLD BUSINESS NEW BUSINESS MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 13. Orange County Fire Authority (OCFA) Report (0410-40) Recommended Action: Receive the report. 14. Foothill/Eastern Transportation Corridor Agency Report (0410-40) Recommended Action: Receive the report. 15. San Joaquin Hills Transportation Corridor Agency Report (0410-40) Recommended Action: Receive the report. 16. Vector Control Board Report (0410-40) Recommended Action: Receive the report. STAFF REPORTS City Manager’s Report City Attorney’s Report 16A. Letter to Kaleidoscope Owners and Management Regarding Security Concerns COUNCIL MEMBER COMMENTS 17. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70) Recommended Action: Receive reports. Council/Agency Member Kelley Council/Agency Member Ledesma Council/Agency Member Reavis 18. Sharps Disposal Program (1030-50) Mayor Pro Tempore/Vice Chair Ury Mayor/Chair MacLean ADJOURNMENT TO SEPTEMBER 18, 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. |
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