Minutes of this meeting are available here

MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
August 20, 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: Mayor Pro Tempore Ledesma
Invocation: Mayor Reavis

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 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.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Certificate of Appreciation to Meredith Boling of the Student Advisory Committee
Recommended Action: Present Certificate 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.

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 July 2, 2007, as presented or as amended.

3. Summary of Fiscal Year 2007-2008 Budget Amendments to Date (0330-30)
Recommended Action: Receive and file.

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

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

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

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

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

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

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

11. Community Development Agency (CDA) Treasurer’s Report for May 2007 (0320-80)
Recommended Action: Receive and file the report.

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

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

14. Community Development Agency (CDA) Treasurer’s Report for June 2007 (0320-80)
Recommended Action: Receive and file the report.

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

16. Purchasing Ordinance (0480-20)
Recommended Action: Adopt 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)
Recommended Action: That the City Council 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)
Recommended Action: Approve 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)
Recommended Action: Approve the accompanying agreement with SunGard Bi-Tech, Inc., in the amount of $22,016.17 for one year (2008-2008) of system software support.

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

21. Purchase of Geographic Information System (GIS) (0400-10)
Recommended Action: (1) Approve the contract and authorize staff to issue a purchase order in the amount of $32,561 to Nobel Systems, Inc. and (2) approve amendment with Digital Map Products and authorize 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)
Recommended Action: (1) Certify the completion of and accept the improvements for the subject project; (2) authorize the City Manager to sign the Notice of Completion; (3) authorize 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) authorize 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)
Recommended Action: (1) Certify the completion of and accept the improvements for the subject project; (2) authorize the City Manager to sign the Notice of Completion; (3) authorize 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) authorize 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)
Recommended Action: (1) Award the construction contract for the subject project to American Asphalt South, Inc., in the amount of $521,625; and (2) authorize 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)
Recommended Action: Approve 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)
Recommended Action: (1) Award 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) authorize 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.

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)
Recommended Action: Adopt Resolution 07-XX Establishing 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.

28. Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10)
Recommended Action: Approve 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)
Recommended Action: (1) Award 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) authorize 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)
Recommended Action: (1) Award 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) authorize 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)
Recommended Action: Approve the purchase of four replacement field cameras from Broadcast Media Communications in an amount not to exceed $57,139.06.

32. Number not used.

33. Newhart Middle School Requests for Traffic Improvements and Parking Restrictions
Recommended Action: (1) Adopt Resolution 07-XX Restricting Left Turns from Pacific Hills Drive to Mirino Drive, Right Turns from Pacific Hills Drive to Mirino Drive and Installing Parking Restrictions on the North Side of Mirino Drive and Paloma Drive; (2) adopt Resolution 07-XX Amending the Fiscal Year 2007–2008 Capital Budget for Newhart Middle School Traffic Improvements and Parking Restrictions; and (3) recommend approval of actions as summarized on Exhibit A.

34. School Crossing Guards Fall 2007
Recommended Action: (1) Approve the placement of a crossing guard at the intersection of Aldeano Drive and Ladera Drive providing assistance to De Portola Elementary School; and (2) review proposed issues and discussion for the various locations for consideration of other actions as summarized on Exhibit A.

PUBLIC HEARINGS
35. Mid-Cycle Review and Update of 2005-2009 Implementation Plan (0660-20)
Recommended Action: (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-XX Approving the Updated 2005-2009 Implementation Plan for the Commun ity Development Project Area Pursuant to Section 33490 of the Community Redevelopment Law and Making Certain Findings in Connection Therewith.

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) Recommended Action: Introduce Ordinance 07-XXX 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.

37. Ordinance Extending the Time Limit of the Effectiveness of the Community Development Plan for the Mission Viejo Community Development Project Area; Extending the Ti me 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)
Recommended Action: Introduce Ordinance 07-XXX 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.

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)
Recommended Action: Introduce Ordinance 07-XXX Rezoning Sites, A, B, and C to RPD 30 (Residential Planned Development).

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)
Recommended Action: Direct the Director of Public Services to proceed and perform the removal of weeds in accordance with Section 39569 of the Government Code.

OLD BUSINESS

40. Proposed Revisions to the City’s Lawful Hiring Compliance Ordinance
Recommended Action: Introduce Ordinance 07-XX, Amending Section 2.080.030 (b) of the Municipal Code

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 Recommended Action: Adopt CDA Resolution Approving the Settlement and Release Agreement and First Amendment to Owner Participation Agreement and Making Certain Findings in Connection Therewith.

42. First Amendment to Tolling and Standstill Agreement between the CDA and Mission Viejo Associates, LP, Related to the The Shops at Mission Viejo
Recommended Action: Approve the First Amendment to Tolling and Standstill Agreement, but only if the Settlement and Release Agreement and First Amendment to Owner Participation Agreement (Item 41) is continued or Otherwise not approved.

NEW BUSINESS

43. Voting Delegate for the 2007 League of California Cities Annual Conference (0140-10)
Recommended Action: Appoint Council Member Trish Kelley as Mission Viejo’s Voting Delegate at the League of California Cities Conference Annual Business Meeting on September 8, 2007.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

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

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
Recommended Action: Review draft comment letter, provide additional comment as necessary, and direct staff to submit a letter to the United States Postal Service by the comment period deadline of August 24, 2007.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

49. 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

Mayor Reavis

50. Ortega Highway
Recommended Action: Discuss and give direction to staff and the City Attorney on position and any action to be taken regarding the City of San Juan Capistrano’s lawsuit against the widening of Ortega Highway.

51. Parking of Boats and Recreational Vehicles (0870-70)
Recommended Action: Discuss and give direction to staff and the City Attorney on position and any action to be taken regarding proliferation of boats and motor homes in Mission Viejo.

52. Boarding Homes
Recommended Action: Discuss and give direction to staff and the City Attorney on position and any action to be taken regarding proliferation of boarding homes in Mission Viejo

ADJOURNMENT TO TUESDAY SEPTEMBER 4, 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.