Minutes_2007_03

MISSION VIEJO MINUTES
City Council, Community Development Agency, Community Development
Financing Authority, Public Improvement Corporation,
and Library Board of Trustees*
March 5, 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 4:59 PM, on March 5, 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 , 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
Mayor Pro Tempore Ledesma
Mayor Reavis

Absent:
None

Staff Present:
Dennis Wilberg, City Manager
Irwin Bornstein, Assistant City Manager/Director of Administrative Services
William P. Curley III, City Attorney
Karen Hamman, City Clerk

RECESS TO CLOSED SESSION

Mayor Reavis recessed the meeting to Closed Session at 5:02 p.m.

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 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 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 Potential Reuse and Redevelopment of Certain Major Department Store Space and the Proposed Fifth Pad Project. 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, Jeff Meyer, Bruce Moore, Esq. Under Negotiation and Discussion: The Existing Owner Participation Agreement Includes Recorded Covenants, in Particular Reuse and Operation of Major Department Store Spaces. Under Consideration is the Potential Modification of the Covenants Agreement Through an Amendment to the OPA Related to the Potential Reuse and Redevelopment of Certain Major Department Store Space. In Addition and as Part of This Matter There is Cross-over Discussion Regarding the 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 One or More Real Property Transaction(s) That May be the Basis for One or More Amendments of the OPA and Covenants Agreement, Including the Owner’s Proposed Development of the Fifth Pad Project 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.

RECONVENE

Mayor Reavis reconvened the meeting at 6:00 p.m. All five City Council Members were present.

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that the City Council provided direction to staff but there was no reportable action from Closed Session.

PRESENTATIONS

P1. Recognize Orange County Sheriff’s Department Deputies Serving Mission Viejo for 25 or More DUI Arrests
Rescheduled to the next City Council Meeting.

P2. Recognize the Mighty Oak Sponsors Supporting Tierra Nativa and Introduce the New Artes de la Vida
Presented Certificates of Appreciation to the businesses that have supported Tierra Nativa, the City’s annual celebration of Earth Day, National Trails Day and Volunteer Connection Day.

Director of Public Services Keith Rattay introduced the City’s new 10-year program, Artes de la Vida,

PUBLIC COMMENTS

Layla Shahabian, M.V.: stated that she and her family want to be a part of the aesthetic improvement in the community but their landlord, Arco BP, won’t allow them to update, remodel, or improve their property. Asked if there is anyone at the City who can help.

Norma McClellan, M.V.: asked what the City is doing in regards to the traffic problems on Pasatiempo and questioned the validity of the recent Ckty survey.

Dr. Frank Lieberman, M.V.: offered suggestions for usage of the Potocki Center, including the concept of a dedicated Mission Viejo Center for the arts.

CONSENT CALENDAR

Item 18 was removed from the Consent Calendar for separate discussion.

Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member MacLean, to approve the Consent Calendar as described below.

On roll call, said motion carried by the following vote:
  AYES:
  Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor 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)
Approved the Open Session Minutes for the Regular Meeting of February 19, 2007, as presented.

3. Summary of Fiscal Year 2006-2007 Budget Amendments to Date (0330-30)
Received and filed.

4. Check Register Dated February 9, 2007, in the Amount of $637,582.10 (0300-30)
Ratified the accompanying check register.

5. Check Register Dated February 16, 2007, in the Amount of $978,297.56 (0300-30)
Ratified the accompanying check register.

6. Sergeant Matt Davis park (CIP 306) (0400-10)
(1) Approved the Second Amendment to the existing contract with Nieves Landscape, Inc to increase the contract in an amount not to exceed $40,000.00; (2) adopted Resolution 07-14 Amending the Fiscal Year 2006-2007 Budget by Transferring $40,000.00 From CIP 991 to CIP 306.

7. Landscape Rehabilitation of Slopes Along Marguerite Parkway
Adopted Resolution 07-15 Amending the Fiscal Year 2006-2007 Budget to Include Funding for Next Phase of the Landscape Rehabilitation of Slopes Along Marguerite Parkway.

8. Annual Routine Landscape Maintenance—Contract Area 1 (0400-10)
Approved the third amendment with Vandergeest Landscape Care to increase the contract in an amount not to exceed $253,000.

9. Annual Routine Tree Trimming (0400-10)
Approved the eleventh amendment with West Coast Arborists, Inc., to increase the contract in an amount not to exceed $20,000.

10. Landscape and Irrigation Materials and Supplies Purchase Agreement (0400-10)
Approved the fifth amendment with John Deere Landscape to increase the contract in an amount not to exceed $30,000.

11. Annual Maintenance Program for the Removal and Replacement of Concrete Sidewalks, Curb & Gutter, Driveway Approaches, and Cross-Gutters
Approved the seventh amendment with S. Parker Engineering, Inc., to increase the contract in an amount no to exceed $10,000.

12. Fiscal Year 2006-2007 Residential Asphalt/Concrete Repair and Asphalt Overlay Project (CIP 836/838)
Approved the bid specifications and authorized staff to advertise for construction bids for the subject project.

13. Permit Parking on Chrisanta Drive
Adopted Resolution 07-16 Establishing a Permit Parking Program on the West Side of Chrisanta Drive From Approximately Thirty Feet (30’) South of Estanciero Drive to Approximately One Hundred Feet (100’) North of Via Viento.

14. SunGard Bi-Tech Integrated Financial and Administrative Solution (IFAS) Disaster Recovery Service (0400-10)
Approved contract with SunGard Bi-Tech in the amount of $18,000 for purchase of disaster recovery services for the City’s financial application, IFAS.

15. Website Upgrade and Redesign Project (0400-10)
Approved the contract with Civic Resource Group in the amount of $45,000 for purchase of website redesign services for the City’s main website (www.cityofmissionviejo.org).

16. Document Scanning Service (0400-10)
Approved the contract with Image Conversions and Management (ICM) in the amount of $278,376.70 for purchase of scanning services for the City’s Document Management System.

17. Document Management System Software and Hardware (0400-10)
Approved contract with Sire Technologies in the amount of $170,433 for purchase of Document Management System.

19. Avery Parkway Resurfacing—Marguerite Parkway to Interstate 5 (CIP 796) (0400-10)
Awarded the contract to LAN (Lim & Nascimento) Engineering Corporation in the amount of $41,556 for design services for the subject project.

20. Selection of Independent Auditor for the Fiscal Years Ending June 30, 2007 and June 30, 2008
Awarded a contract to Diehl, Evans & Company, L.L.P. to serve as the City’s independent auditors for the fiscal years ending June 30, 2007, and June 30, 2008, for an amount not to exceed $71,843.

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

18. City Councilmember and Executive Management Group Leadership Development/Goal Setting Workshops on March 28, 29, 30, and 31, 2007 (0400-10)
Motion made by Council Member Ury, seconded by Council Member MacLean, to approve a contract with Allenbaugh Associates, Inc., (A07-12) in an amount not to exceed $39,000 for the preparation and facilitation of City Councilmember and Executive Management Group Leadership Development/Goal Setting Workshops on March 28, 29, 30 and 31, 2007.

On roll call, said motion carried by the following vote:
  AYES:
  Council Member Kelley, Council Member MacLean, Council Member Ury, and Mayor Pro Tempore Ledesma.
  NOES:
  Mayor Reavis.
  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 Pro Tempore Ledesma announced that there has not been a recent TCA meeting but he will have a report at the next City Council Meeting.

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

STAFF REPORTS

City Manager’s Report

25. Presentation on SUV Thefts
City Manager Wilberg discussed the written report from Lt. Bernardi regarding auto thefts at the mall and auto burglaries in general. He drew the Council's attention to the portion outlining various ways that the public can obtain information on police matters in the future.

City Attorney’s Report

26. Status of Draft EIR for Carl Hankey K-8 School Conversion Project
City Attorney Curley provided an update on the status of the Draft EIR for the Hankey K-8 conversion project. Mr. Curley announced that the deadline for City comments on the draft EIR is March 16, 2007. The School District will review comments received by the City and others and will then produce a final EIR for certification. City staff will also evaluate the final EIR to see if it meets the requirements of the California Environmental Quality Act (CEQA). Mr. Curley noted that the draft EIR expressly identified that the School District will not seek a joint use agreement with the City of Mission Viejo but they will seek a reduction in their required recreation space allocations to allow the school site to accommodate their student population.

COUNCIL MEMBER COMMENTS
27. 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, Mayor Pro Tempore Ledesma, Council Member Kelley and Council Member MacLean indicated that they have a change(s) to their calendars and will provide an update to the City Clerk for the public record.

Council Member Kelley
Announced that the City has begun its Senior Transportation Program and interested residents can obtain more information by contacting city hall. Stated that she would like to see more participation in the Mission Viejo Relay for Life and encouraged the community to get involved in this year’s event and to contact her for more information. Announced that the Community of Character word for the month of March is integrity and expressed her "welcome home" to Marine and Mission Viejo resident Colonel Joel Garland who has recently returned from Iraq.

Council Member MacLean
Asked the City Attorney if the Mayor serves at the pleasure of the City Council.
City Attorney Curley described the City’s Mayoral appointment process and stated that the Mayor does serve the majority of the Council.

Council Member Ury
Discussed his attendance at the opening day events for Mission Viejo softball and baseball and he thanked those who spend time volunteering at the fields and cheering the teams on.

Mayor Pro Tempore Ledesma
28. 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)
Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member MacLean, to introduce Ordinance 07-247, An Ordinance of the City Council of the City of Mission Viejo Adding Chapter 2.80 to Title 2 of the Mission Viejo Municipal Code Requiring City Employees and City Contractors to Adhere to Specified Hiring Procedures. Mayor Reavis

Thanked his Council colleagues for supporting the ordinance and announced that he and his wife are expecting their first child.

Mayor Reavis
Discussed her attendance, with two of her Council colleagues, at a recent seminar on group housing. Reported that there were representatives from 90 cities statewide and speakers from all levels of government. The information was somewhat disconcerting as they learned about Federal and State laws that cities must comply with. She stated that the City Council remains committed to working with the residents on the proliferation of group homes in Mission Viejo and will do the best they can to help everyone involved.

ADJOURNMENT TO MARCH 19, 2007, AT 5:00 P.M.

______________________________________________
Karen Hamman, City Clerk