Minutes of this meeting are available here

MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
February 5, 2007, 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

*Note: All Board and Agency memberships are reflected in the title “Council Member.”

Roll Call:
Council Member Kelley
Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma
Mayor Reavis

Pledge of Allegiance: Council Member Kelley

Invocation: Council Member MacLean

Presentations, Public Hearings, and General Business will be held at 6:00 p.m. or as soon as possible thereafter.

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.)

CLOSED SESSION

CS1. 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.

CS2. Conference with the City’s Real Property Negotiator Pursuant to Government Code Section 54956.8. Property: The Approximate 2.7 Acre Parcel Identified as Assessor Parcel No. 839-161-16, Generally Located at 28715-28841 Los Alisos Boulevard within portion of Mission Foothill Marketplace shopping center. City Negotiators: Dennis Wilberg, City Manager, Charles Wilson, Director of Community Development. Negotiating Parties: Property Owner –M. F. Mission Viejo, LLC by Raymond DeAngelo. Under Negotiation Potential Acquisition of Real Property Interests for Economic Development, Affordable Housing, Rehabilitation and Improvement, Factors Affecting Price and Terms, Parcel Size, Use and Timing of Acquisition.

CS3. 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). 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, Shops Blvd., 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 Fifth Pad Proposed Building Area (PBA) and Potential Reuse and Redevelopment of Major Department Store Space. 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, 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, 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 Amendment(s) of the OPA and Covenants Agreement (Amendment). The Proposed Amendment Will Address Owner’s Development of the Fifth Pad PBA under the OPA and Covenants Agreement and Potential Reuse of Major Department Store Space 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; (ii) Scope and Schedule of Development of the Fifth Pad PBA; and (iii) Reuse and Redevelopment of Major Department Store Space.

CS4.Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property: The approximate 10.5-acre Parcel Identified as Assessor Parcel No. 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 Co-owned by The Steadfast Companies (With Target Corporation). CDA Negotiators: Dennis Wilberg, City Manager/CDA Executive Director, Charles Wilson, Director of Community Development, James Williams, Economic Advisor, Celeste Brady, CDA Counsel, William Curley, III, Esq., City Attorney, Negotiating Parties: CDA Negotiators on Behalf of Community Development Agency of the City of Mission Viejo; and Ralph Deppisch, The Steadfast Companies. Under negotiation: Potential Acquisition and/or Disposition of Real Property Interests for Long-term Affordable Ownership Housing and the Price and Terms of Payment Therefore Related to the Abovelisted 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, Schedule of Development and Development of Affordable Housing.

CS5. Conference with the City’s Real Property Negotiator (City Manager/Executive Director Dennis Wilberg and City Attorney William Curley) Pursuant to Government Code Section 54956.8 Concerning Real Property Located Adjacent to the Southern Portion of Gilleran Park at 24960 Felipe Road (Assessors Parcel Number: Portion of 125-095-02) in the City of Mission Viejo. The Negotiating Parties Are the City of Mission Viejo and Chabad Jewish Center of Mission Viejo. Under Negotiation Will Be the Price and Terms of Payment for the Property Interest to Be Acquired. Final Action, if any, on This Matter will be Taken in Public Session at a Future Council Meeting Following Public Comments.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Presentation of the Community of Character Award
Recommended Action: Present award.

P2. Recognition of the Mission Viejo Company Alumni for their Assistance to the City with the Documenting and Preserving the Mission Viejo Heritage Collection
Recommended Action: Present commendation.

P3. Recognize 2006 Employees of the Year (0410-80)
Recommended Action: Present plaques to (1) Senior Librarian Gail Meldau, City of Mission Viejo Employee of the Year; (2) Deputy Sheriff Carl Bulanek, Orange County Sheriff’s Department Employee of the Year; and (3) Fire Captain Ed Harrod, Orange County Fire Authority Employee of the Year.

P4. Recognize Mission Viejo’s Community Recycling Program Award Winner (0410-80)
Recommended Action: Present award.

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 January 15, 2007, as presented or as amended.

3. Number not used.

4. Check Register Dated January 5, 2007, in the Amount of $1,103,702.59 (0300-30)
Recommended Action: Ratify the accompanying check register.

5. Check Register Dated January 12, 2007, in the Amount of $1,849,720.35 (0300-30)
Recommended Action: Ratify the accompanying check register.

6. Check Register Dated January 19, 2007, in the Amount of $2,438,862.97 (0300-30)
Recommended Action: Ratify the accompanying check register.

7. Change in Meeting Time for Regular Planning Commission Meetings (0120-10-05)
Recommended Action: Adopt Resolution 07-XX Changing the Established Meeting Time for the Planning Commission.

8. Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10)
Recommended Action: Award the alarm services contract for the subject project to Pyro-Comm Systems, Inc., in the amount of $23,010.

9. Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10)
Recommended Action: Approve Change Order Number 2 to Douglas E. Barnhart, Inc., in the amount of $25,256 for additional construction costs for the Norman P. Murray Center expansion.

10. Donation Policy for City parks and Recreation Facilities and Programs (0410-90)
Recommended Action: Adopt Resolution 07-XX Relating To The Donation Policy For City Parks, Recreation Facilities and Recreation Programs and Amending The City Council Policy Manual.

11. Mission Viejo Paleontological Fossil Contract Agreement (0400-10)
Recommended Action: Enter into a contract agreement with Saddleback College for the preservation and restoration of the Mission Viejo Paleontological Fossil Collection.

12. Youth Athletic Park—Change of Time for Ball Field Lights (0730-20)
Recommended Action: Adopt Resolution 07-XX Establishing a Turn Off Time for Ball Field Lights at the Youth Athletic Park at 10:15 p.m.

13. Solid Waste Franchise Agreement with Waste Management of Orange County (0400-10)
Recommended Action: (1) Expand the responsibility of the Solid Waste Ad Hoc Committee to include matters related to the extension of the Solid Waste Franchise Agreement, and (2) direct staff and the Ad Hoc Committee to begin discussions with Waste Management of Orange County regarding a two-year extension of the Integrated Solid Waste Franchise Agreement and report back to Council in 90 days.

14. Rate Adjustment for Solid Waste Delivered to Southeast Resource Recovery Facility (1030-05)
Recommended Action: Adopt Resolution 07-XX Approving the Proposed Rate Adjustment for Solid Waste Delivered to Southeast Resource Recovery Facility (Waste-to-Energy) for Disposal (from $45.26 to $58.10) Effective immediately.

15. Felipe Road Resurfacing Project (CIP 837) (0820-15)
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

16. Melinda Park Restroom (CIP 308) (0400-10)
Recommended Action: Issue a purchase order to RJM Design Group, Inc. for the design & development of construction documents for bidding and construction support services for Melinda Park Restroom in an amount not to exceed $29,600.

17. Replacement of Casework and Countertops at the Mission Viejo Animal Services Center (0400-10)
Recommended Action: Award contract for the subject services to Mica Industries in an amount not to exceed $40,000.

18. Ratification of Emergency Purchase Order to Replace the Boiler for the Library’s Heating/Ventilating/Air Conditioning (HVAC) System
Recommended action: Ratify Purchase Order #070723 issued under the City Manager’s emergency purchase authority to Emcor Company on January 19, 2007, in the amount of $24,183.00, for the replacement of the roof-top water boiler unit for the Library’s HVAC system.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

19. Orange County Fire Authority (OCFA) Report (0410-40)
Recommended Action: Receive the report.

20. El Toro Reuse Planning Authority (ETRPA) Report (0640-30)
Recommended Action: (1) Receive the report, and (2) adopt Resolution 07-XX Terminating the El Toro Reuse Planning Authority.

21. Foothill/Eastern Transportation Corridor Agency Report (0410-40)
Recommended Action: Receive the report.

22. San Joaquin Hills Transportation Corridor Agency Report (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

24. Urban Land Institute (ULI) Technical Advisory Panel (TAP) Workshop for Mission Viejo Village Center Area Generally Located in Vicinity of the Intersection of Marguerite Parkway and La Paz Road (0660-20)
Recommended Action: (1) Receive presentation from representatives of ULI; (2) if interested, review and comment on the proposed draft TAP Workshop Scope of Work; and (3) determine the role of the City Council in the TAP process.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

25. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70)
Recommended Action: Receive reports.

Council Member Kelley
26. Response to CUSD Plan for Blanket Environmental Impact Report for District-Wide School Facilities (0150-67)
Recommended Action: Send a letter to CUSD asking for rescission of the prior Board of Trustees approval authorizing the preparation of an Environmental Impact Report covering every CUSD school.

Council Member MacLean

Council Member Ury

Mayor Pro Tempore Ledesma
27. Introduction and Consideration of a Loitering Ordinance (0480-20) Recommended Action: Introduce Ordinance 07-XXX Adding Section 11.16.090 to Chapter 11.16 of Title 11 of the Mission Viejo Municipal Code Prohibiting Trespass on Private Property.

Mayor Reavis

28. Economic Development Committee (0120-80)
Recommended Action: Appoint members to an Economic Development Committee.

ADJOURNMENT TO FEBRUARY 19, 2007, 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.