City Council Agenda - 09/04/07

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*
September 4, 2007, at 5:00 PM
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 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

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.

REPORT OF CLOSED SESSION

PRESENTATIONS

4. Recognize Citywide Volunteers for Their 1,000 Hours of Volunteer Service
Recommended Action: Present certificates of appreciation to (1) Bruce Teel for volunteer hours at the Mission Viejo Animal Shelter; (2) Janie Lucas for volunteer hours at the Mission Viejo Animal Shelter (3) Barbara Lekander for volunteer hours at the Mission Viejo Animal Shelter; (4) Pat Deibler for volunteer hours with the Norman P. Murray Community and Senior Center; (5) Joyce Parker for volunteer hours with the Norman P. Murray Community and Senior Center; (6) Frank Podraza for volunteer hours with the Norman P. Murray Community and Senior Center; (7) Jerry Hewitt for volunteer hours with the Mission Viejo Library; and (8) Pat Griggs for volunteer hours with the Mission Viejo Library.

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

5. Waive Reading of Ordinances and Resolutions
Recommended Action: Approve the reading by title of all ordinances and resolutions declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

6. City Council Minutes
Recommended Action: (1) Approve the Open Session Minutes for the Special Meeting of August 10, 2007, as presented or as amended; and (2) approve the Open Session Minutes for the Regular Meeting of August 20, 2007, as presented or as amended.

7. Check Register dated August 10, 2007, in the amount of $1,110,549.69
Recommended Action: Ratify the accompanying check register.

8. Check Register dated August 17, 2007, in the amount of $2,304,111.40
Recommended Action: Ratify the accompanying check register.

9. Resolution Designating Certain Properties as Prohibited Areas for Skateboarding, Rollerblading, Roller Skating and Similar Activities
Recommended Action: Adopt Resolution 07-XX Designating Certain Properties as Prohibited Areas for Skateboarding, Rollerblading, Roller Skating and Similar Activities. The Property is Known as Sienna Ridge Condominiums (Sienna Ridge Homeowner's Association).

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
Recommended Action: Adopt 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.

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
Recommended Action: Adopt 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.

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 Recommended Action: Adopt Ordinance 07-259 Creating a New Zoning District, and Rezoning Three parcels of Land in the City of Mission Viejo in Connection with the Amendment of the City's Housing Element.

13. Proposed Revisions To The City's Lawful Hiring Compliance Ordinance
Recommended Action: Adopt Ordinance 07-260 Amending Ordinance 07-247.

14. Fourth Amendment to the City Manager Employment Agreement
Recommended Action: Approve the 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)
Recommended Action: (1) Approve the Cooperative Agreement with the City of Laguna Niguel for design services for the widening of Crown Valley Parkway from I-5 to Cabot Road in the amount of $737,050; and (2) adopt Community Development Agency Resolution 07-XX Amending the Fiscal
Year 2007–2008 Budget for Costs Related to the Widening of Crown Valley at Interstate 5.

16. Community Development Agency Loan -- For Agency Operations
Recommended Action: (1) Adopt Community Development Agency (CDA) Resolution 2007-XX
Requesting a Loan From the City of Mission Viejo in the Amount of $862,000; (2) adopt City Council Resolution 2007-XX Authorizing a Loan to the Community Development Agency; and (3) adopt Community Development Agency Resolution 2007-XX 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
Recommended Action: Receive and file.

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

18. Orange County Fire Authority (OCFA) Report
Recommended Action: Receive the report.

19. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive the report.

20. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive the report.

21. Vector Control Board Report
Recommended Action: Receive the report.

STAFF REPORTS

City Manager’s Report
22. Crown Valley Parkway Widening Update
Recommended Action: Receive and file the report.

City Attorney’s Report
23. Discussion Regarding Proposed Ordinance; Prohibiting Certain Improvements in City Parks; Adoption or Deferral of the Same
Recommended Action: Discuss the draft ordinance and direct staff, as necessary, regarding revising or adopting the ordinance

COUNCIL MEMBER COMMENTS

24. AB1234 - Council Member Reports of Events and Activities Attended
Recommended Action: Receive reports.

Council Member Kelley
Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma
Mayor Reavis

Adjournment to September 17, 2007, at 5:00 PM

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.