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City Council Agenda 1 March 5, 2007
MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
March 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 Ury
Invocation: Mayor Pro Tempore Ledesma
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 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.
REPORT OF CLOSED SESSION
PRESENTATIONS
P1. Recognize Orange County Sheriff’s Department Deputies Serving Mission Viejo for 25 or More DUI Arrests
Recommended Action: Present Mother’s Against Drunk Driving (M.A.D.D.) Awards.
P2. Recognize the Mighty Oak Sponsors Supporting Tierra Nativa and Introduce the New Artes de la Vida
Recommended Action: Present Certificates of Appreciation.
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 February 19, 2007, as presented or as amended.
3. Summary of Fiscal Year 2006-2007 Budget Amendments to Date (0330-30)
Recommended Action: Receive and file.
4. Check Register Dated February 9, 2007, in the Amount of $637,582.10 (0300-30)
Recommended Action: Ratify the accompanying check register.
5. Check Register Dated February 16, 2007, in the Amount of $978,297.56 (0300-30)
Recommended Action: Ratify the accompanying check register.
6. Sergeant Matt Davis park (CIP 306) (0400-10)
Recommended Action: (1) Approve 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) approve Resolution 07-XX 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
Recommended Action: Adopt Resolution 07-XX 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)
Recommended Action: Approve 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)
Recommended Action: Approve 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)
Recommended Action: Approve 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
Recommended Action: Approve 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)
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.
13. Permit Parking on Chrisanta Drive
Recommended Action: Adopt Resolution 07-XX 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)
Recommended Action: Approve 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)
Recommended Action: Approve 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)
Recommended Action: Approve 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)
Recommended Action: Approve contract with Sire Technologies in the amount of $170,433 for purchase of Document Management System.
18. City Councilmember and Executive Management Group Leadership Development/Goal Setting Workshops on March 28, 29, 30, and 31, 2007 (0400-10) Recommended Action: Approve contract with Allenbaugh Associates, Inc., 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.
19. Avery Parkway Resurfacing—Marguerite Parkway to Interstate 5 (CIP 796) (0400-10)
Recommended Action: Award 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
Recommended Action: Award 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
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
21. Orange County Fire Authority (OCFA) Report (0410-40)
Recommended Action: Receive the report.
22. Foothill/Eastern Transportation Corridor Agency Report (0410-40)
Recommended Action: Receive the report.
23. San Joaquin Hills Transportation Corridor Agency Report (0410-40)
Recommended Action: Receive the report.
24. Vector Control Board Report (0410-40)
Recommended Action: Receive the report.
STAFF REPORTS
City Manager’s Report
25. Presentation on SUV Thefts
Recommended Action: Receive oral report.
City Attorney’s Report
26. Status of Draft EIR for Carl Hankey K-8 School Conversion Project
Recommended Action: Receive oral report.
COUNCIL MEMBER COMMENTS
27. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70)
Recommended Action: Receive reports.
Council Member Kelley
Council Member MacLean
Council Member Ury
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)
Recommended Action: Introduce Ordinance 07-XX, 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
ADJOURNMENT TO MARCH 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.
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