City Council Agenda - 09/17/07

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 17, 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 Ury

INVOCATION: Mayor Pro Tempore Ledesma

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

CLOSED SESSION

CS1.  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.

CS2.  Labor Negotiations—The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957.6. The Parties to the Negotiations Are the City and City’s Unrepresented Employees. The City’s Negotiator is Dennis Wilberg

CS3.  Public Employee Performance Evaluation of the Incumbent for the Position of City Attorney Pursuant to Government Code Sections 54957 and 54957.6

REPORT OF CLOSED SESSION

PRESENTATIONS

P1.   Recognize Mission Viejo’s Community Recycling Program Award Winner
Recommended Action: Present award.

P2.    Community of Character Awards
Recommended Action: Present Awards.

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
Recommended Action: Approve the Open Session Minutes for the Regular Meeting of September 4, 2007, as presented or amended.

3.   Check Register dated August 24, 2007, in the amount of $1,515,708.77
Recommended Action: Ratify the accompanying check register

4.   Check Register dated August 31, 2007, in the amount of $727,027.06
Recommended Action: Ratify the accompanying check register.

5.   City Treasurer's Monthly Report for July 2007
Recommended Action: Receive and file.

6.   Community Development Agency Treasurer's Monthly Report for July 2007
Recommended Action: Receive and file.

7.   Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for July 2007
Recommended Action: Receive and file.

8.   Closure and Holiday Dates for December 2007 and Calendar Year 2008 for the Mission Viejo Library
Recommended Action: Approve Closure and Holiday Dates for December 2007 and Calendar Year 2008 for the Mission Viejo Library

9.   Financial Report for the City of Mission Viejo - For the Year Ended June 30, 2007 (Preliminary-Unaudited)
Recommended Action: Receive and file.

10. Financial Report for the Community Development Agency - For the Year Ended June 30, 2007 (Preliminary-Unaudited).
Recommended Action: Receive and file.

11. Financial Report for the Community Development Financing Authority - For the Year Ended June 30, 2007 (Preliminary-Unaudited)
Recommended Action: Receive and file.

12. City Treasurer's Annual Report for Fiscal Year 2006-07 and Annual Review of City's Investment Policy
Recommended Action: (1) Receive and file the accompanying City Treasurer’s Annual Report for fiscal year 2006-07; 2) adopt Resolution 2007-XX approving the City’s Investment Policy for FY 2007-08; and 3) set the Benchmark Index for FY 2007-08 to be a Government Securities Index comprised of 50% three-month Treasury Bills; 35% Treasury and Agency securities with maturities greater than one year and up to three years; and 15% Treasury and Agency securities with maturities greater than 3 years and up to five years.

13. Treasurer's Annual Report for Fiscal Year 2006-07 and Annual Review of the Community Development Agency (CDA) Investment Policy
Recommended Action: (1) Receive and file the accompanying Treasurer's Annual Report for fiscal year 2006-07; and (2) adopt Resolution 2007-XX approving the Agency's Investment Policy for FY 2007-08.

14. Treasurer's Annual Report for Fiscal Year 2006-07 and Annual Review of the Community Development Financing Authority (CDFA) Investment Policy
Recommended Action: That the Authority: (1) receive and file the accompanying Treasurer's Annual Report for fiscal year 2006-07; and (2) adopt Resolution 2007-XX approving the Authority's Investment Policy for FY 2007-08.

15. Replacement of Site Fencing and Safety Netting - CIP (304)
Recommended Action: (1) Award contract for the subject project to MJ Contractors, Inc. in an amount of $ 232,505.00; and (2) adopt Resolution 07-XX Amending the Fiscal Year 2007-2008 CIP Budget for Replacement of Site fencing and Safety Netting.

16. City Manager's Credit Card Authority
Recommended Action: Adopt Resolution 07-XX Authorizing the Use of the City Manager’s Corporate Credit Card for Certain Business Travel Costs for the City Council and City Manager.

17. Norman P. Murray Community and Senior Center Expansion (CIP 994)
Recommended Action: Approve Change Order #10 to Douglas E. Barnhart, Inc. in the amount of $21,207 for additional construction costs

18. California Joint Powers Insurance Authority Membership for the Marin County Open Space District
Recommended Action: Approve the membership application of the Marin County Open Space District to join the California Joint Powers Insurance Authority.

19. California Joint Powers Insurance Authority Membership for the Pomona Valley Transportation Authority
Recommended Action: Approve the membership application of the Pomona Valley Transportation Authority to join the California Joint Powers Insurance Authority.

PUBLIC HEARINGS

20. Review of Draft Wireless Master Plan Prepared for the City of Mission Viejo by ATS Communications.
Recommended Action: Consider the Planning and Transportation Commissions comments on the Draft Wireless Master Plan.

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

24. Vector Control Board Report
Recommended Action: Receive report.

STAFF REPORTS

City Manager’s Report

25. 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
Recommended Action: Continue this matter to City Council meeting of October 1, 2007.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

26. 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 October 1, 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.