City Council Agenda - 05/07/07

Minutes of this meeting are available here

City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
May 7, 2007, at 5:00 P.M.
City Hall, 200 Civic Center,
Mission Viejo, California, 92691
City Council Chamber


*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 MacLean
Invocation: Council Member Ury

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


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; Case Status Update and Review of Settlement Options

CS2. Conference with Legal Counsel—Anticipated Litigation. Potential Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. One Case Under Consideration.

CS3. Pursuant to Government Code Section 54956.9(a) Pending Litigation (litigation to which local agency is a party and has been initiated formally) and Section 54956.8 (Conference with Real Property Negotiator). Litigation: Confer with City Attorney and Special Counsel regarding pending litigation, Mejia v. City of Mission Viejo, et al, pending in Orange County Superior Court (OCSC), Case No. 06CC05478 filed April 26, 2006. Property: An approximate 10.5-acre parcel of real property 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 Negotiator, s: Dennis Wilberg, City Manager/CDA Executive Director; Charles Wilson, Director of Community Development; James Williams, Economic Advisor; Celeste Brady, CDA Counsel; and 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: (1) Recorded covenants, (2) Scope of development of Property, and (3) Affordable housing requirements. Factors affecting time of payment: (1) Conditions to closing, (2) Due diligence period, and (3) Schedule of Development and Development of
Affordable Housing.



P2. Recognize Citywide Volunteers for Their 1,000 Hours of Volunteer Service (0410-80)
Recommended Action: Present certificates of appreciation to (1) Nancy Cho for volunteer hours with the Heritage Committee; (2) Phillip Glaser for volunteer hours at the Mission Viejo Animal Shelter; (3) Russ Mandell for volunteer hours at the Mission Viejo Animal Shelter; (4) Joseph Sack for
volunteer hours with the Norman P. Murray Community and Senior Center; (5) Barbara Fisher for volunteer hours with the Mission Viejo Library; and (6) Shirley Fraser for volunteer hours with the Mission Viejo Library.


(Request-to-speak forms must be turned in before the Mayor announces this agenda item. Each speaker may be allotted three minutes.


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)
Approve the Open Session Minutes for the Regular Meeting of April 16, 2007, as presented or as amended .

3. Check Register Dated April 6, 2007, in the Amount of $379,282.76 (0300-30)
Recommended Action: Ratify the accompanying check register.

4. Check Register Dated April 13, 2007, in the Amount of $998,192.99 (0300-30)
Recommended Action: Ratify the accompanying check register.

5. Check Register Dated April 20, 2007, in the Amount of $1,661,332.83 (0300-30)
Recommended Action: Ratify the accompanying check register.

6. Audit of City’s Human Resources Function (0400-10)
Recommended Action: Approve Second Amendment to the contract with Koff and Associates in the amount of $11,000.00.


7. 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 (0600-40)
Recommended Action: Continue Public Hearing to the May 21, 2007, Meeting.

8. General Plan Amendment GPA2007-26, Zone Change ZC2007-18 and Development Code Amendment DCA2007-10 - City-initiated petitions to modify the City’s adopted General Plan Land Use Element, General Plan Housing Element, and Zoning Map Land Use Designations for four sites identified hereafter as Sites A through D (0630-30)
Recommended Action: (1) Introduce Ordinance 07-XXX Creating a Mixed Use Overlay Zone and Applying Mixed Use Overlay to Site D; (2) Introduce Ordinance 07-XXX Re-Zoning Sites A, B & C to RPD 30 (Residential Planned Development); (3) Adopt Negative Declaration declaring proposed Ordinance will not have a significant adverse impact on the environment for the purpose of CEQA review; and (4) Provide direction to staff with respect to the General Plan Amendment to modify the City’s Housing Element and Land Use Element.





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

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

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

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

13. Senior Transportation Ad Hoc Committee (0410-40)
Recommended Action: Receive the report.

13A. Professional Services Agreement for State Legislative Advocacy Services (0400-10)
Recommended Action: Approve professional services agreement with Townsend Public Affairs for State Legislative Advocacy Services in an amount not to exceed $62,000.


City Manager’s Report

13B. 2007-09 Budget —Possible Dates for June Workshop
Recommended Action: As necessary.

City Attorney’s Report


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

Council Member Kelley

15. CUSD Issues
Recommended Action: Send a letter to CUSD outlining concerns regarding Mission Viejo schools.

Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma

Mayor Reavis

16. Is Your Teen at Risk? (0260-60)
Recommended Action: Direct staff to set up a Youth/Parent Forum at Mission Viejo High School at the beginning of the Fall Semester, using the Reception and Community Forum used by the City of Rancho Santa Margarita as a template.

ADJOURNMENT TO MAY 21, 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.