Minutes of this meeting are available here

Note: Item 21 increases spending on the Senior Center by $2.5 Million. The Buzz has previously stated that the city can’t build anything on time and on budget. This is just one more proof of that statement. The council should vot NO on this extra spending.

Watch out for item 26 - this takes away the public’s right to remove items from the consent calendar for open discussion at the city council meeting.

City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
April 16, 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.

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 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. 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. Under negotiation and discussion: The existing Owner Participation Agreement includes recorded covenants, including covenants regarding the use, re-use, and operation of Major Department Store space(s) at the Mall Property. The CDA negotiators seek direction from the City Council/CDA Board regarding discussion with Major Anchor Tenant(s) as potential reuse tenants pursuant to the covenants. The CDA negotiators also seek direction regarding the price and terms of payment, if any, related to proposed modifications, if any, of the covenants, a real property interest. Further, CDA negotiators will update the City Council/CDA Board about the status of the Tolling and Standstill Agreement and business terms of the potential settlement thereunder. Factors Affecting Price and Terms under Negotiation: (i) modification, if any, of the covenants, and (ii) potential reuse of Major Department Store space(s).

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Proclaim April 28, 2007, to be “Artes de la Vida” Day
Recommended Action: Receive proclamation.

P2 Recognize the Rose Society of Saddleback Mountain for Their Continued Dedication and Volunteerism in Maintaining the Mission Viejo Civic Center Rose Garden
Recommeded Action: Present the Certificates of Appreciation.

P3 Recognize the Canyon Crest Garden Club for Their Continued Dedication and Volunteerism in Maintaining the Florence Joyner Olympiad Park Rose Garden
Recommeded Action: Present the 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
Approved 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)
(1) Approve the Open Session Minutes for the Regular Meeting of April 2, 2007, as presented or as amended; and (2) approve the Minutes for the Special Meeting of March 30, 2007, as presented or as amended; and (3) approve the Minutes for the Special Meeting of March 31, 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 March 23, 2007, in the Amount of $2,442,294.87 (0300-30)
Recommended Action: Ratify the accompanying check register.

5. Check Register Dated March 30, 2007, in the Amount of $997,003.88 (0300-30)
Recommended Action: Ratify the accompanying check register.

6. City Treasurer’s Monthly Report for February 2007 (0320-80)
Recommended Action: Receive and file the report.

7. Community Development Agency Treasurer’s Monthly Report for February 2007 (0320-80)
Recommended Action: Receive and file the report.

8. Community Development Financing Authority (CDFA) Treasurer’s Monthly Report for February 2007 (0320-80)
Recommended Action: Receive and file the report.

9. Ordinance Prohibiting Land Uses that Contravene State or Federal Law (0480-20)
Recommended Action: Adopt Ordinance 07-251 Adding Section 9.01.035(g) to Title 9 of the Mission Viejo Municipal Code Prohibiting all Land Uses That Contravene State or Federal Law.

10. Draft Annual Action Plan for Fiscal Year 2007-2008 Detailing City’s proposed Use of Community Development Block Grant (CDBG) Funds and Establishing CDBG Funding Priorities (0670-10)
Recommended Action: Adopt Resolution 07-XX Approving the City’s Annual Action Plan for Fiscal year 2007–2008 Detailing City’s Proposed Use of Community Development Block Grant Funds and Authorizing Submission of Such Plans to the U.S. Department of Housing and Urban Development.

11. Award of Routine Annual Tree Maintenance Contract (0400-10)
Recommended Action: (1) Approve the contract extension for the Routine Annual Tree Maintenance Contract to West Coast Arborists, Inc for the period of July 1, 2007 to June 30, 2009, in an amount not to exceed $1,377,498, with three (3) two-year renewals for a total possible contract term of eight (8) years; and (2) authorize staff to issue a purchase order to West Coast Arborists, Inc for the period of July 1, 2007 through June 30, 2008 in an amount not to exceed $688,749.

12. Mission Viejo Community Foundation Donor Recognition Program (0720-10)
Recommended Action: Approve the Mission Viejo Community Foundation Donor Recognition Program for the Norman P. Murray Center Expansion Project.

13. Avery Parkway Resurfacing—Marguerite Parkway to Interstate 5 (CIP 796) (0400-10)
Recommended Action: Adopt Resolution 07-XX Approving and Authorizing execution of Program Supplement No. N019 to Administering Agency-State Agreement No. 12-5451R for Federal-Aid Projects between the State Department of Transportation and the City of Mission Viejo.

14. Annual Maintenance Program for Removal and Replacement of Asphalt Pavement and Related Services (0400-10)
Recommended Action: Approve Seventh Amendment to the existing contract with Hardy & Harper, Inc to increase the contract in an amount not to exceed $ 60,000.00.

15. Playground Equipment Replacement and Repair Items for Neighborhood Parks (0400-10)
Recommended Action: Award contract to Miracle Playground Sales of Southern California in an amount not to exceed $34,727.56.

16. Fiscal Year 2006–2007 Residential Asphalt and Concrete Repair and Asphalt Overlay Project (CIP 836/838) (0400-10)
Recommended Action: (1) Award the construction contract for the subject project to Hardy & Harper, Inc., in the amount of $1,802,120; (2) authorize issuance of a purchase order to Charles Abbott Associates, Inc., in an amount not to exceed $19,000 for contract administration.

17. First Amendment to the Solid Waste Franchise Agreement with Waste Management of Orange County (0400-10)
Recommended Action: Adopt Resolution 07-XX Approving the First Amendment to the Solid Waste Franchise Agreement between the City of Mission Viejo and USA Waste of California, Inc., dba Waste Management of Orange County and Authorizing the City Manager to Execute the First Amendment on behalf of the City

PUBLIC HEARINGS

18. Installation of Speed Humps on Bridgeton (0860-50)
Recommended Action: Approve the installation of speed humps on Bridgeton between Camden and Ridgemark.

19. Appeal of Architectural Review AR2006-92 filed by Kate Muller, Ron Denecour, Donald Scott, David and Arlene Brown, and Rick and Lynda Lunzer of the Planning and Transportation Commission’s February 26, 2007 conditional approval of a petition submitted by Brion May of Brion May Consulting, agent for Lori Ghnouly, to add a 1,205 sq. ft., first floor addition to the rear of the existing single story, 1,081 sq. ft. dwelling, for a total of 2,286 sq. ft. at 23732 Calle Hogar, in the RPD 6.5 (Residential Planned Development) zone. The proposed addition includes four bedrooms, three bathrooms, an office, and an expansion of the existing living room (0600-40)
Recommended Action: Adopt Resolution 07-XX Denying the Appeal Petition, and Thereby Approving Architectural Review AR2006-92.

OLD BUSINESS

20. Additional School Sites for Kid’s Factory Program (0950-30)
Recommended Action: As necessary.

21. Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10) (0330-30)
Recommended Action: (1) Approve Change Order #3 to Douglas E. Barnhart, Inc. in the amount of $36,200 for additional construction costs for subject project; (2) approve Change Order #4 to Douglas E. Barnhart, Inc. in the amount of $173,960 for additional construction costs for subject
project; (3) approve Change Order #5 to Douglas E. Barnhart, Inc. in the amount of $2,491,302 for additional construction costs for subject project; (4) approve Change Order #5 to Robert R. Coffee Architect & Associates in the amount of $80,520 for additional design costs for subject project; (5) approve Change Order #1 to Friess Construction in the amount of $93,098 for additional construction management costs for subject project; and (6) adopt Resolution No. 07-XX Amending the Fiscal Year 2006-2007 Budget to Increase Estimated Appropriations for the Norman P. Murray Community

& Senior Center Expansion Capital Improvements Project (CIP 994).

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

24. San Joaquin Hills Transportation Corridor Agency Report (0410-40)
Recommended Action: Receive the report.

25. Vector Control Board Report (0410-40)
Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report
City Attorney’s Report
26. Revision to City Council Meeting Process Regarding Limiting Removal of Agenda Items to the Members of the City Council and Review of City Council-City Manager Management Procedures (0410-90)
Recommended Action: (1) Adopt Resolution 07-XX Revising Council Policy 0400-3 Regarding City Council Meeting Protocols That will Allow Only City Council Members to Remove Agenda Items for Discussion; and (2) review process by which City Council Members are authorized to explore opportunities and thereafter direct the City Manager per City ordinance.

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
28. Electronic Message Board at the Corner of La Paz and Marguerite (0860-60)
Recommended Action: Re-bid the Electronic Message Board and corner enhancements to the northeast corner of La Paz and Marguerite for consideration at the first City Council meeting in July 2007.

29. Sponsorship of Housing Summit Workshop 5/2/07 by the City of Mission Viejo (0160-15)
Recommended Action: Approve Bronze level sponsorship of $2,500 for the Housing Summit workshop 5/2/07.

Council Member Ury
Mayor Pro Tempore Ledesma
Mayor Reavis

ADJOURNMENT TO MAY 7, 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.