MISSION VIEJO MINUTES
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation,
and Library Board of Trustees*
February 19, 2007

A Regular Meeting of the City Council, the Community Development Agency, the Community Development Financing Authority, the Public Improvement Corporation, and the Library Board of Trustees of the City of Mission Viejo, California, was called to order by Mayor Reavis at 5:02 p.m., on February 19, 2007, at 200 Civic Center, Mission Viejo, California.

A complete copy of the agenda for the meeting containing all items as shown herein was posted by 5:00 p.m. on February 14, 2007, on the outdoor bulletin board at City Hall. Copies were also posted at the Montanoso Recreation and Fitness Center, 25800 Montanoso Drive, and the Norman P. Murray Community and Senior Center, 24932 Veterans Way.

*All Board and Agency memberships are reflected in the title "Council Member."

CALL TO ORDER—CITY COUNCIL, COMMUNITY DEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY, PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF TRUSTEES

Present:
Council Member Kelley
Council Member MacLean
Council Member Ury (arrived at 5:06 p.m.)
Mayor Pro Tempore Ledesma
Mayor Reavis
Absent: None
Staff Present: Irwin Bornstein, Assistant City Manager/Director of Administrative Services
William P. Curley III, City Attorney
Karen Hamman, City Clerk

Pledge of Allegiance: Council Member MacLean
Invocation: Council Member Kelley

RECESS TO CLOSED SESSION

Mayor Reavis recessed the meeting to Closed Session at 5:04 p.m.

CLOSED SESSION

CS1. 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, Commercial Rehabilitation and Improvement, Factors Affecting Price and Terms, Parcel Size, Use and Timing of Acquisition.

CS2. 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 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, Schedule of Development and Development of Affordable Housing.

RECONVENE

Mayor Reavis reconvened the meeting at 6:02 p.m. All five City Council Members were present.

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that the City Council gave direction to its property negotiators for CS1 and CS2 but there was no reportable action.

PRESENTATIONS

P1. Recognize The Pennysaver as They Celebrate Their 30th Anniversary (0410-80)
Mayor Reavis and Nancy Cho, President of the Mission Viejo Chamber of Commerce presented the proclamation to Doug Magill, Director of Marketing, The Pennysaver.

PUBLIC COMMENTS

Cathy Schlicht, M.V.: expressed dissatisfaction with the Council’s intent to re-order the Agenda and take items removed from the Consent Calendar later in the evening.

Heather Beatie, M.V.: discussed left turn signals on small streets throughout the City and asked that the timing be adjusted to accommodate all drivers.

CONSENT CALENDAR

Item 16 was removed from the Consent Calendar for separate discussion.

Motion made by Council Member MacLean, seconded by Council Member Ury, to approve the Consent Calendar as described below.

On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Ury, Ledesma, Reavis
NOES: None
ABSENT: None

1. Waive Reading of Ordinances and Resolutions
Approved the reading by title of all ordinances and resolutions and declared 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)
(1) Approved the Open Session Minutes for the Adjourned Meeting of January 29, 2007, as presented; and (2) approved the Open Session Minutes for the Regular Meeting of February 5, 2007, as presented.

3. Number not used.

4. Check Register Dated January 26, 2007, in the Amount of $576,291.01 (0300-30)
Ratified the accompanying check register.

5. Check Register Dated February 2, 2007, in the Amount of $1,216,970.62 (0300-30)
Ratified the accompanying check register.

6. City Treasurer’s Monthly Report for December 2006 (0320-80)
Received and filed the report.

7. Community Development Agency (CDA) Treasurer’s Report for December 2006 (0320-80)
Received and filed the report.

8. Community Development Financing Authority (CDFA) Treasurer’s Report for
December 2006 (0320-80)
Received and filed the report.

9. Quarterly Financial Report for the City of Mission Viejo—Second Quarter of Fiscal year 2006-2007 (0320-80)
Received and filed the report.

10. Quarterly Financial Report for the Community Development Agency (CDA) — Second Quarter of Fiscal year 2006-2007 (0320-80)
Received and filed the report.

11. Semi-Annual Financial Report for the Community Development Financing Authority (CDFA) (0320-80)
Received and filed the report.

12. Loitering Ordinance (0480-20)
Adopted Ordinance 07-246 Adding Section 11.16.090 to chapter 11.16 of Title 11 of the Mission Viejo Municipal Code Prohibiting Trespass on Private Property.

13. Annual Routine Maintenance Program for Park, Right-of-Way, and Facility Lighting Maintenance and Electrical Repair (0400-10)
Approved the Sixth Amendment to the contract with C&D Electric, Inc., to increase the contract in an amount not to exceed $60,000.

14. Routine Playground, Parkland, and Facility Infrastructure Maintenance and Repair (0400-10)
Approved the Eighth Amendment to the contract with Jamey Clark, Inc., to increase the contract in an amount not to exceed $95,000.

15. California Public Employees’ Retirement System Pre-Tax Payroll Deduction Plan for Service Credit Purchases (0520-50)
Adopted Resolution 07-12 Approving the California Public Employees Retirement System Pre-Tax Payroll Deduction Plan for Service Credit Purchases (Contribution Code 14).

17. Marguerite Parkway Resurfacing —Crown Valley to Avery (CIP 788) (0400-10)
Authorized the issuance of a purchase order in the amount of $23,220 to Adams-Streeter Civil Engineers, Inc., for design services for the subject project.

18. Traffic Safety Program (CIP 793)—Installation of Emergency Vehicle Preemption Devices at Various Locations (0400-10)
Authorized the issuance of a purchase order in the amount of $32,700 to Katz, Okitsu & Associates for design services for the subject project.

19. Parking Restrictions on Arterial Streets (0870-20)
Adopted Resolution 07-13 Approving Arterial Parking Restrictions.

PUBLIC HEARINGS

OLD BUSINESS

20. Review of Variance to Municipal Code Firearm Ordinance 97-169 (0480-20)
Director of Public Services Keith Rattay presented the staff report. Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member Ury, to authorize staff to reissue the variance to the Casta del Sol Homeowners Association.
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Ury, Ledesma, Reavis
NOES: None
ABSENT: None

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR
16. Agreement with the Urban Land Institute Orange County District Council for Technical Advisory Panel Workshop for Mission Viejo Village Center Area Generally Located in Vicinity of the Intersection of Marguerite Parkway and La Paz Road (0400-10)
Director of Community Development Chuck Wilson presented the staff report.

The following expressed opposition to major modifications at La Paz Road and Marguerite Parkway: Dr. Michael R. Hansen, M.V.; Sally Ngarmtap, M.V.; and David Del Conte, M.V.

The following presented written comments in opposition to major changes at La Paz and Marguerite: Kiat Kolyouthapone, M.V.; Hassan M. Amin, M.V.; Scott K. and Mary A. Kim, M.V.; Tim Reyes and Holly Saliba, M.V.; and Julie Marshall, M.V.

The following presented written comments in favor of improving the Village Center area: James Richter, M.V.

Motion made by Council Member Ury, seconded by Council Member MacLean, to approve an agreement with the Urban Land Institute Orange County District Council for technical advisory panel assistance in the amount of $14,750.00 (A07-07).
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Ury, Ledesma, Reavis
NOES: None
ABSENT: None

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

21. Orange County Fire Authority (OCFA) Report (0410-40)
Received the report from Council Member Kelley.

22. Foothill/Eastern Transportation Corridor Agency Report (0410-40)
Received the report from Council Member MacLean.

23. San Joaquin Hills Transportation Corridor Agency Report (0410-40)
Mayor Reavis appointed Council Member Kelley as alternate to the San Joaquin Hills Transportation Corridor Agency. The City Council received the SJHTCA report from Mayor Pro Tempore Ledesma.

24. Vector Control Board Report (0410-40)
Received the report from Mayor Reavis.

STAFF REPORTS

City Manager’s Report
City Attorney’s Report

COUNCIL MEMBER COMMENTS

25. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70) The City Council Members acknowledged the accuracy of their event and activities calendars as presented in the staff report. Mayor Reavis and Council Member Kelley indicated that they had a change to their calendar and they would provide an update to the City Clerk for the public record.
Council Member Kelley Announced that she and Mayor Reavis attended last week's CUSD Board Meeting when the Board voted against a blanket EIR. The Board instead directed that the schools conduct needs assessments and work with parent groups, principals, and architects to determine what each school requires. Reminded members of the public that there will be a free presentation at Saddleback College on Wednesday, February 21, 2007, to honor America's service men and women and to launch the effort to raise money for a Veterans Memorial at the college. Announced that the City's Senior Transportation Program has begun and interested residents can call 470-3061 for more information or attend upcoming public workshops at Palmia and Casta del Sol.
Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma

26. Introduction and Consideration of an Ordinance Requiring the City of Mission Viejo and its Vendors to Participate in the Basic Pilot Program that is
Administered by the Department of Homeland Security (0480-20)
Continued this item to the next City Council Meeting.

Mayor Reavis
27. Potocki Center (0770-10)
Linda Pauwels, M.V.: stated that she is interested in leasing the Potocki Center for the Alas de America wellness program. By consensus, the City Council directed staff to explore opportunities to increase the use of the Potocki Center.

28. Signage (0680-90)
Cathy Schlicht, M.V.: stated that this proposal unfairly singles out one section of the business community.

By consensus, the City Council directed staff to solicit proposals for directional signage, including installation of temporary signs during the proposal process, for the auto dealers at the Avery off ramp.

29. Kids Factory (0930-40)
By consensus, the City Council referred this item to the Community Services Commission to develop recommendations on the potential of expanding the Kids Factory Program to all elementary schools in Mission Viejo with particular emphasis on evaluation of the appropriate fees to be charged.

30. CUSD Audit (0510-67)
Assistant City Manager/Director of Administrative Services Irwin Bornstein provided an update on the CUSD audit process and indicated that draft results should be provided to staff at the end of February. If that schedule is met, staff should be able to present final results to the City Council at its March 19, 2007, City Council Meeting.

*Item 32 was taken out of order.
32. Hankey EIR (0510-67)
By consensus, the City Council authorized staff to hire an environmental consultant to aid in evaluation and to comment on the EIR.

31. ATS Cellular Contract (0400-10)
No action taken.

ADJOURNMENT

At the hour of 8:23 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting to March 5, 2007, at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the City Council Meeting of March 5, 2007