MISSION VIEJO MINUTES
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation,
and Library Board of Trustees*
August 20, 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 5:03 p.m., on August 20, 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 August 17, 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

Present: Council Member Kelley (arrived at 5:08 p.m.)
Mayor Pro Tempore Ledesma
Mayor Reavis
Council Member MacLean
Absent: Council Member Ury
Staff Present: Dennis Wilberg, City Manager
William P. Curley III, City Attorney
Karen Hamman, City Clerk
Staff Absent: Irwin Bornstein, Assistant City Manager/Director of Admin. Services

Pledge of Allegiance: Mayor Pro Tempore Ledesma
Invocation: Mayor Reavis

RECESS TO CLOSED SESSION

At the hour of 5:06 p.m., Mayor Reavis recessed the meeting to Closed Session.

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 fifth pad proposed building area (PBA) and potential reuse and redevelopment of 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. 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, and Bruce Moore, Esq. Under negotiation and discussion: The CDA and Owner are parties to an existing 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 a real property transaction that are the basis of the draft Settlement and Release Agreement and First Amendment to Owner Participation Agreement. The proposed First Amendment is on the agenda for open session consideration and action, which addresses Owner’s development of the Fifth Pad Project. 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 of Covenants Agreement; (ii) revised Flow of Funds Models, and (iii) scope of development of the Fifth Pad Project.

CS2. 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.

CS3. Conference with Legal Counsel—Initiation of Litigation. Pursuant to Subdivision (c) of Government Code Section 54956.9. One Case Under Consideration.

CS4. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6.

RECONVENE

The City Council reconvened in open session at 6:07 p.m. with four Council Members present (Council Member Ury was absent).

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that the City Council’s pending action on Agenda item 41 will be the report of Closed Session item CS1 and that there was no reportable action on items CS2 through CS4.

PRESENTATIONS

P1. Certificate of Appreciation to Meredith Boling of the Student Advisory Committee Mayor Reavis presented the Certificate of Appreciation to Meredith Boling.

*Items 35, 36, 37 and 41 were taken out of order

PUBLIC HEARINGS

35. Mid-Cycle Review and Update of 2005-2009 Implementation Plan (0660-20) Special Counsel Celeste Brady presented the staff report.
Motion made by Council Member MacLean, seconded by Mayor Reavis to (1) conduct Mid-Cycle Review and Update to the 2005-2009 Implementation Plan for the Community Development Project Area; and (2) adopt CDA Resolution 07-04 Approving the Updated 2005-2009 Implementation Plan for the Community Development Project Area Pursuant to Section 33490 of the Community Redevelopment Law and Making Certain Findings in Connection Therewith.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, and Reavis
NOES: None
ABSENT: Ury

36. Ordinance Eliminating the Time Limit on Establishment of Loans, Advances and Indebtedness with Respect to the Community Development Plan for the Mission Viejo Community Development Project Area; and Making Other Findings in Connection Therewith (0480-20) Special Counsel Celeste Brady presented the staff report. Motion made by Council Member MacLean, seconded by Council Member Kelley, to introduce Ordinance 07-257 Eliminating the Time Limit on Establishment of Loans, Advances and Indebtedness with Respect to the Community Development Plan for the Mission Viejo Community Development Project Area; and Making Other Findings in Connection Therewith.
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, and Reavis
NOES: Ledesma
ABSENT: Ury

37. Ordinance Extending the Time Limit of the Effectiveness of the Community Development Plan for the Mission Viejo Community Development Project Area; Extending the Time Limit for Payment of Indebtedness and Receipt of Property Taxes Under the Community Development Plan for the Community Development Project Area; and Making Other Findings in Connection Therewith (0480-20)
Special Counsel Celeste Brady presented the staff report.
Motion made by Council Member MacLean, seconded by Mayor Reavis, to introduce Ordinance 07-258 Extending the Time Limit of the Effectiveness of the Community Development Plan for the Mission Viejo Community Development Project Area; Extending the Time Limit for Payment of Indebtedness and Receipt of Property Taxes Under the Community Development Plan for the Community Development Project Area; and Making Other Findings in Connection Therewith. On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, and Reavis
NOES: None
ABSENT: Ury

OLD BUSINESS

41. Settlement and Release Agreement and First Amendment to Owner Participation Agreement Related to the Development of the Fifth Pad Project Expansion —The Shops at Mission Viejo Motion made by Council Member MacLean, seconded by Council Member Kelley, to adopt CDA Resolution 07-05 Approving the Settlement and Release Agreement and First Amendment to Owner Participation Agreement and Making Certain Findings in Connection Therewith. On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, and Reavis
NOES: None
ABSENT: Ury

42. First Amendment to Tolling and Standstill Agreement between the CDA and Mission Viejo Associates, LP, Related to The Shops at Mission Viejo Action on this item was not necessary due to the action taken on item 41.

PUBLIC COMMENTS

Cathy Schlicht, M.V.: expressed concern with cost and aesthetics of an electronic message board at La Paz Road and Marguerite Parkway.

Bob Holtzclaw, Minute Man Project, Lake Forest: discussed problems at Los Alisos and Jeronimo where Day Laborers congregate and stated that he would like to see the City of Mission Viejo partner with the City of Lake Forest to address these issues.

The following spoke in opposition to the proposed establishment of a Permit No Stopping or Parking Program on Oso Rojo Lane, La Quilla Lane, De La Luna Drive, Consuelo Place, Boleada Drive, Oliva Place, Poco Place, Jacinto Drive, and Mirar Vista Drive (item 27 on the Consent Calendar): Dennis Steadman, M.V.; Doreen McKernan, M.V.; Janice Hunter, M.V.; and Jim Stevens, M.V.

The following spoke in favor of the proposed establishment of Permit No Stopping or Parking Program on Oso Rojo Lane, La Quilla Lane, De La Luna Drive, Consuelo Place, Boleada Drive, Oliva Place, Poco Place, Jacinto Drive, and Mirar Vista Drive (item 27 on the Consent Calendar): Bob Watson, M.V.; Adam Abrams, M.V.; Bob Moffat, M.V.; Scott McClellan, M.V.; Tim Sawyer, M.V.

CONSENT CALENDAR

Items 27, 33 and 34 were 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: Kelley, Ledesma, MacLean, and Reavis
NOES: None
ABSENT: Ury

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 July 2, 2007, as presented.

3. Summary of Fiscal Year 2007-2008 Budget Amendments to Date (0330-30)
Received and filed.

4. Check Register Dated June 22, 2007, in the Amount of $1,553,448.93 (0300-30)
Ratified the accompanying check register.

5. Check Register Dated June 29, 2007, in the Amount of $3,567,292.00 (0300-30)
Ratified the accompanying check register.

6. Check Register Dated July 6, 2007, in the Amount of $1,213,385.59 (0300-30)
Ratified the accompanying check register.

7. Check Register Dated July 13, 2007, in the Amount of $1,466,518.65 (0300-30)
Ratified the accompanying check register.

8. Check Register Dated July 20, 2007, in the Amount of $1,013,152.47 (0300-30)
Ratified the accompanying check register.

9. Check Register Dated July 27, 2007, in the Amount of $1,817,429.55 (0300-30)
Ratified the accompanying check register.

10. City Treasurer’s Monthly Report for May 2007 (0320-80)
Received and filed the report.

11. Community Development Agency (CDA) Treasurer’s Report for May 2007 (0320-80)
Received and filed the report.

12. Community Development Financing Authority (CDFA) Treasurer’s Report for May 2007 (0320-80)
Received and filed the report.

13. City Treasurer’s Monthly Report for June 2007 (0320-80)
Received and filed the report.

14. Community Development Agency (CDA) Treasurer’s Report for June 2007 (0320-80)
Received and filed the report.

15. Community Development Financing Authority (CDFA) Treasurer’s Report for June 2007 (0320-80)
Received and filed the report.

16. Purchasing Ordinance (0480-20)
Adopted Ordinance 07-256 Amending Regulations Applicable to Informal and Formal Bidding Requirement; City Manager Contract Authority; and Amending Portions of Chapter 2.08 (City Manager Powers and Duties), Chapter 3.12 (Purchases), and Chapter 3.13 (Informal Bidding Procedures: Public Projects) of the Mission Viejo Municipal Code.

17. Acceptable Condition Levels for the City’s Street Network (0820-35)
Set the range of acceptable average condition levels for all classifications of road types within the City’s Street network at either “Very Good” or “Excellent”, as defined by the Pavement Condition Index (PCI), for Fiscal Years 2007-2008 through 2008-2009.

18. Agreement for Professional Services to Update General Plan Housing Element (0400-10)
Approved an agreement with CONEXUS in an amount not to exceed $42,000 to update the General Plan Housing Element.

19. Purchase of Support for Mission Viejo Financial Software System (0400-10)
(1) Approved issuance of a purchase order to SunGard Bi-Tech, Inc., in the amount of $27,516.17 for one year (2007-2008) of system software support; and (2) waived the Basic Pilot Program Ordinance provision for this purchase because the proposed 8/20/07 Ordinance Revisions exempting software vendors from the Basic Pilot Program will not take effect until October 2007.

20. Microsoft Licensing Renewal Agreement (0400-10)
Approved the issuance of a purchase order to CompuCom in the amount of $66,517.72.

21. Purchase of Geographic Information System (GIS) (0400-10)
(1) Approved the contract and authorized staff to issue a purchase order in the amount of $32,561 to Nobel Systems, Inc.; and (2) approved amendment with Digital Map Products and authorized staff to issue a purchase order in the amount of $13,964.

22. Fiscal Year 2006-2007 Residential Asphalt and Concrete Repair and Asphalt Overlay Project (CIP 836/838) (0400-10) (1) Certified the completion of and accepted the improvements for the subject project; (2) authorized
the City Manager to sign the Notice of Completion; (3) authorized the City Clerk to record the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorized payment of the final retention 35 days after the date of recordation of the Notice of Completion.

23. Felipe Road Pavement Resurfacing (CIP 837) (0400-10)
(1) Certified the completion of and accepted the improvements for the subject project; (2) authorized the City Manager to sign the Notice of Completion; (3) authorized the City Clerk to record the Notice of Completion with the County of Orange and to release the faithful performance and
payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorized payment of the final retention 35 days after the date of recordation of the Notice of Completion.

24. Residential Resurfacing Project (CIP 838) (0400-10)
(1) Awarded the construction contract for the subject project to American Asphalt South, Inc., in the amount of $521,625; and (2) authorized the issuance of a purchase order to Charles Abbott Associates, Inc, in an amount not to exceed $22,500 for contract administration.

25. Annual Routine Tree Trimming Contract—West Coast Arborists, Inc (0400-10)
Approved First Amendment to the existing contract with West Coast Arborists, Inc to increase the contract in an amount not to exceed $87,800.00.

26. Annual Routine Maintenance Program for Sidewalk Grinding (0400-10)
(1) Awarded contract for the subject services to Channel Islands Sidewalk Grinding for the period of September 1, 2007 through June 30, 2009, in an amount not to exceed $100,000.00; and (2) authorized issuance of a purchase order to Channel Islands Sidewalk Grinding for the period of September 1, 2007 through June 30, 2008 in an amount not to exceed $50,000.00.

28. Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10)
Approved Change Order #9 to Douglas E. Barnhart, Inc. in the amount of $140,019 for additional construction costs.

29. Routine Janitorial & Related Services at City Hall, Library, and Various City Recreation, Tennis and Activity Centers (0400-1)
(1) Awarded contract for the subject services to GCS, Inc., for the period of September 1, 2007, to June 30, 2009, in the amount of $352,258.00; and (2) authorized issuance of a purchase order to GCS Inc., for the period of September 1, 2007, through June 30, 2008, in an amount not to exceed $161,658.00.

30. Public Pool, and Equipment Room Maintenance Services and Repairs for City Recreation Centers, and Aquatic Facilities (0400-10)
(1) Awarded contract for subject services to Utility Enterprises, Inc. for the period September 1, 2007, to June 30, 2009, in the amount of $354,000.00; and (2) authorized issuance of a purchase order to Utility Enterprises, Inc. for the period September 1, 2007, to June 30, 2008, in an amount not to exceed $161,250.00.

31. Replacement Field Camera Equipment for Mission Viejo Television (MVTV) (0400-10)
Approved the purchase of four replacement field cameras from Broadcast Media Communications in an amount not to exceed $57,139.06.

32. Number not used.

ITEMS REMOVED FROM THE CONSENT CALENDAR

27. Establishment of a “No Stopping and No Parking” Permit Program on Oso Rojo Lane, La Quilla Lane, De La Luna Drive, Consuelo Place, Boleada Drive, Oliva Place, Poco Place, Jacinto Drive, and Mirar Vista Drive (0870-70)
Transportation Manager Shirley Land presented the staff report.

Residents registered their comments in favor and in opposition to this proposal under “Public Comments.”

Motion made by Council Member MacLean, seconded by Council Member Kelley, to deny establishment of a Permit No Stopping or Parking Program on Oso Rojo Lane, La Quilla Lane, De La Luna Drive, Consuelo Place, Boleada Drive, Oliva Place, Poco Place, Jacinto Drive, and Mirar Vista Drive.

On roll call, said motion failed by the following vote:
AYES: Kelley and MacLean
NOES: Ledesma and Reavis
ABSENT: Ury

Motion made by Mayor Reavis, seconded by Council Member Kelley, to continue this matter to the City Council Meeting of September 17, 2007, and in the meantime directed the City Manager to send a letter to the CUSD requesting that they post a proctor at or near the public easement on Oso Rojo Lane.

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

33. Newhart Middle School Requests for Traffic Improvements and Parking Restrictions Transportation Manager Shirley Land presented the staff report.
Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, to deny the recommended action to restrict left turns from Pacific Hills Drive to Mirino Drive, right turns from Pacific Hills Drive to Mirino Drive and to deny parking restrictions on the north side of Mirino Drive and Paloma Drive; (2) adopt Resolution 07-47 Amending the Fiscal Year 2007–2008 Capital Budget for Newhart Middle School Traffic Improvements and Parking Restrictions; and (3) approved the recommended actions as summarized on Exhibit A (page 8 of the staff report), excluding the recommendation to restrict “no stopping” on both sides of Mirino and Paloma and to
instead adopt Resolution 07-48 Installing Parking Restrictions on the South Side of Mirino Drive and Paloma Drive.

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

By consensus, the City Council directed staff to seek CUSD’s assistance with traffic issues at Newhart School.

34. School Crossing Guards Fall 2007
Transportation Manager Shirley Land presented the staff report.
The following expressed support for a crossing guard at Aldeano Drive and Ladera Drive: Chris Bretal, M.V.; Michelle Bretal, M.V.; and Bob Gaebel, M.V.
Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member Kelley, to (1) approve the placement of a crossing guard at the intersection of Aldeano Drive and Ladera Drive providing assistance to De Portola Elementary School; (2) approve placement of a crossing guard at La Paz Road and Mosquero providing assistance to La Paz Intermediate, and (3) direct staff to study the intersection of La Paz Road/Spadra and Carl Hankey Elementary/Middle School for potential placement of crossing guards at a later date.

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

RECESS

At the hour of 8:50 p.m., Mayor Reavis declared a recess. The City Council reconvened at 9:07 p.m. with four Council Members present (Council Member Ury was absent).

PUBLIC HEARINGS (Continued)

38. Zone Change ZC2007-18 and Development Code Amendment DCA2007-10—Proposed Ordinance to amend the City’s adopted Zoning Map designations for three sites hereafter identified as Sites A through C to the RPD 30 (Residential Planned Development) zone consistent with the City Council’s June 18, 2007 approval of General Plan Amendment GPA2007-26, and amend the RPD 30 (Residential Planned Development) zone of the City’s Development Code by adding new development criteria to Sites A-C (0630-30)
Planning Manager Elaine Lister presented the staff report.
At 9:16 p.m., Mayor Reavis vacated the dais due to the proximity of her home to Site A. Mayor Pro Tempore Ledesma assumed the role of Mayor during Mayor Reavis’ absence from the dais.

Mayor Pro Tempore Ledesma opened the public hearing. After hearing no comments, Mayor Pro Tempore Ledesma closed the public hearing.

Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member MacLean, to introduce Ordinance 07-259 Rezoning Site A, B and C to RPD 30 (Residential Planned Development).*
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, and Reavis,*
NOES: None
ABSENT: Ury

*Mayor Reavis recused herself from the vote as it pertains to Site A.

39. Consider All Objections to the Proposed Abatement of Weeds on Parcels Less Than One Acre for the Annual Weed Abatement Program 2007—Phase 1 (0240-50)
Director of Public Services Keith Rattay presented the staff report.
Mayor Reavis opened the public hearing. After hearing no comments, the Mayor closed the public hearing.
Motion made by Mayor Reavis, seconded by Mayor Pro Tempore Ledesma, to direct the Director of Public Services to proceed and perform the removal of weeds in accordance with Section 39569 of the Government Code.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, and Reavis
NOES: None
ABSENT: Ury

OLD BUSINESS (Continued)

40. Proposed Revisions to the City’s Lawful Hiring Compliance Ordinance
City Attorney Bill Curley presented the staff report. Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member Kelley, to introduce
Ordinance 07-260, Amending Section 2.080.030 (b) of the Municipal Code to increase the $15,000 value referenced in the ordinance to $30,000 in order to conform with the City Manager’s purchasing authority.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, and Reavis
NOES: None
ABSENT: Ury

Note: The 2nd paragraph in the proposed ordinance beginning with “Notwithstanding” was not approved.

By consensus, the City Council asked the City Manager to return this item at a later date to further define what types of service the Basic Pilot Program applies to.

NEW BUSINESS

43. Voting Delegate for the 2007 League of California Cities Annual Conference (0140-10)
City Manager Wilberg presented the staff report.
By consensus, the City Council appointed City Manager Wilberg as Mission Viejo’s Voting Delegate and Council Member Trish Kelley as the Alternate for the League of California Cities Conference Annual Business Meeting on September 8, 2007.
By consensus, the Council directed that voting delegates, for future League of California Cities conferences are listed in the following order: (1) Voting delegate, Mayor, (2) First Alternate, Mayor Pro Tem, and (3) Second Alternate, Immediate Past Mayor.

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

46. San Joaquin Hills Transportation Corridor Agency Report (0410-40)
Received the report from Mayor Pro Tempore Ledesma.

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

STAFF REPORTS

City Manager’s Report
48. Draft Comment Letter in Response to Notice of Intent - Preparation of an Environmental Assessment for the Proposed Construction and Operation of a Mail Processing Facility in Aliso Viejo or San Juan Capistrano
City Manager Dennis Wilberg presented the staff report and announced that the Postal Service has withdrawn their proposal to construct a 430,000 square foot mail processing facility on the Schuler property in San Juan Capistrano. Mr. Wilberg will draft a new letter to the postal service, requesting that the City is kept informed of their plans to construct a postal facility at the alternate site in Aliso Viejo Postal and/or other potential sites.

City Attorney’s Report

In order to keep residents informed or to clarify misinformation in the community, City Attorney Bill Curley suggested that Council Members provide him with issues of interest for which they would like him to provide a brief report at future City Council Meetings.

COUNCIL MEMBER COMMENTS

49. 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, and Council Member Kelley announced that they have changes to their calendars and they will provide updates to the City Clerk for the public record.

Council Member Kelley
Thanked City staff and the many volunteers who worked on the wonderful Pacific Symphony event at the Potocki Center. She heard from many of the residents how appreciative they were that the City provides this event for them.

Council Member MacLean
Stated that it’s nice to be back and doing business and he looks for a productive remainder of the year.

Council Member Ury

Mayor Pro Tempore Ledesma
Reiterated comments regarding the great events held this summer.

Mayor Reavis
50. Ortega Highway
By consensus, the City Council asked staff to watch this issue closely and to keep the Council informed of the City of San Juan Capistrano’s pending lawsuit regarding the widening of Ortega Highway.

51. Parking of Boats and Recreational Vehicles (0870-70)
Mayor Reavis discussed correspondence she has received from residents regarding the proliferation of boats and motor homes in Mission Viejo. By consensus, the City Council directed the City Manager to investigate whether or not our Codes are adequate.

52. Boarding Homes
Mayor Reavis discussed her concern with the proliferation of boarding homes in Mission Viejo. City Attorney Bill Curley announced that his office has drafted an ordinance on this matter which will soon be delivered in the Council’s mail. Discussed her attendance at the League of Cities Conference in Monterey and expressed concern with information she received on the release of sex offenders back into the community upon release from incarceration. Stated that a Council Member’s presence at League conferences can play a very important part in their work for the City because of the wealth of information they receive while attending various courses. Reminded residents that it is illegal to leave children and pets unattended in cars and it is especially important to abide by Caitlin’s Law during hot summer months. Reminded residents that Santa Margarita Water District will host “Family Fun Day” on Saturday, September 15, 2007 at Upper Oso Reservoir. Announced that she has received numerous complaints from residents this summer regarding the proliferation of coyotes. Stated that these animals are getting more aggressive and she reminded residents to keep their pets under watch and to take responsibility for their safety.

ADJOURNMENT

At the hour of 10:34 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting to Tuesday, September 4, 2007, at 5:00 p.m

Karen Hamman, City Clerk
Approved at the City Council meeting of September 4, 2007.