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MISSION VIEJO MINUTES 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 5:08 p.m., on September 4, 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 29, 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, COMMUNITY DEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY, PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF TRUSTEES Present: Council Member Kelley Staff Present: Dennis Wilberg, City Manager Pledge of Allegiance: Council Member MacLean Invocation: Council Member Ury. CLOSED SESSION 1. 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. 2. Conference with Legal Counsel—Initiation of Litigation. Pursuant to Subdivision (c) of Government Code Section 54956.9. Two Cases Under Consideration. 3. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6. RECESS TO CLOSED SESSION At the hour of 5:09 p.m., Mayor Reavis recessed the meeting to Closed Session. RECONVENE At the hour of 6:11 p.m., the City Council reconvened with all five Council Members present. REPORT OF CLOSED SESSION City Attorney Bill Curley announced that staff will follow through as instructed and that there was no reportable action from Closed Session. PRESENTATIONS 4. Recognize Citywide Volunteers for Their 1,000 Hours of Volunteer Service Mayor Reavis presented Certificates of Appreciation to (1) Bruce Teel for volunteer hours at the Mission Viejo Animal Shelter; (2) Pat Deibler for volunteer hours with the Norman P. Murray Community and Senior Center; (3) Joyce Parker for volunteer hours with the Norman P. Murray Community and Senior Center; (4) Frank Podraza for volunteer hours with the Norman P. Murray Community and Senior Center; (5) Jerry Hewitt for volunteer hours with the Mission Viejo Library; and (6) Pat Griggs for volunteer hours with the PUBLIC COMMENTS Cathy Schlicht, M.V.: expressed concern with an electronic message board and asked why the manufacturer’s basic model message board was not sufficient. Bob Moffat, M.V.: thanked the City Council for their suggestion to have an Avery Parkway drop-off solution to help solve the Capistrano High School traffic issues and asked the Council Members to do further research on this matter. Andrew Messer and Chuck Costello, YMCA: thanked the City Council and staff for supporting the YMCA and for funding the pool renovation project. Presented framed photo plaques to represent the appreciation of the Saddleback Valley YMCA and its members. CONSENT CALENDAR City Manager Wilberg requested that item #15 be continued to the next City Council meeting. Mayor Pro Tempore Ledesma announced that he will register a "no" vote for item #11. Motion made by Council Member Ury, seconded by Mayor Pro Tempore Ledesma, to approve the Consent Calendar as described below. On roll call, said motion carried by the following vote: 5. Waive Reading of Ordinances and Resolutions 6. City Council Minutes 7. Check Register dated August 10, 2007, in the amount of $1,110,549.69 8. Check Register dated August 17, 2007, in the amount of $2,304,111.40 9. Resolution Designating Certain Properties as Prohibited Areas for Skateboarding, Rollerblading, Roller Skating and Similar Activities 10. 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 11. 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 Mayor Pro Tempore Ledesma voted no on this item. 12. 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 13. Proposed Revisions To The City’s Lawful Hiring Compliance Ordinance 14. Fourth Amendment to the City Manager Employment Agreement 15. Cooperative Agreement with the City of Laguna Niguel--Widening of Crown Valley Parkway from I-5 to Cabot Road (CIP 795) 16. Community Development Agency Loan -- For Agency Operations (1) Adopted Community Development Agency Resolution 2007-07 Requesting a Loan From the City of Mission Viejo in the Amount of $862,000; (2) adopted City Council Resolution 2007-50 Authorizing a Loan to the Community Development Agency; and (3) adopted Community Development Agency Resolution 2007-06 Accepting a Loan From the City of Mission Viejo and Executing the Loan Agreement Between the City of Mission Viejo and the Community Development Agency. PUBLIC HEARINGS OLD BUSINESS 17. Review of Parking Restrictions on Camden On roll call, said motion carried by the following vote: NEW BUSINESS ITEMS REMOVED FROM THE CONSENT CALENDAR MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 18. Orange County Fire Authority (OCFA) Report 19. Foothill/Eastern Transportation Corridor Agency Report 20. San Joaquin Hills Transportation Corridor Agency Report 21. Vector Control Board Report STAFF REPORTS City Manager’s Report 22. Crown Valley Parkway Widening Update City Attorney’s Report 23. Discussion Regarding Proposed Ordinance; Prohibiting Certain Improvements in City Parks; Adoption or Deferral of the Same City Attorney Bill Curley discussed the City’s options regarding revising or adopting an ordinance to prohibit third-party usage of City parks for non recreational uses. The following presented written comments in support of the ordinance and suggested certain changes: Barbara Anderson, M.V. and Keith Tuominen, M.V. The City Council received and filed the report. COUNCIL MEMBER COMMENTS 24. AB1234 - Council Member Reports of Events and Activities Attended The City Council Members acknowledged the accuracy of their event and activities calendars as presented in the staff report. Mayor Pro Tempore Ledesma announced that he has one change to his calendar and that he has submitted an update to the City Clerk for the public record. Council Member Kelley Discussed her attendance at the Casta del Sol 35th anniversary celebration and stated that it was fun to celebrate this milestone in the community. Expressed her thanks to the City’s many volunteers and announced that the Community of Character word for the month of September is responsibility. Council Member MacLean Reminded everyone to be mindful of their driving habits as schools resume this week. Requested that Mayor Reavis close tonight’s meeting in memory of his father-in-law who recently passed away, Murray Toback. Council Member Ury Mayor Pro Tempore Ledesma Mayor Reavis Stated that the Council Members all had busy summers and she outlined her attendance at various events within the community. Stated that she and Council Member Ury have begun their work with the YMCA ad hoc committee. Wished her husband Rick a very happy birthday. ADJOURNMENT At the hour of 8:17 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting in memory of Murray Toback to Monday, September 17, 2007, at 5:00 p.m. Karen Hamman, City Clerk |
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