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MISSION VIEJO AGENDA
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*
November 5, 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 Kelley
INVOCATION: Council Member MacLean
Presentations, Public Hearings, and General Business will be held at 6:00 p.m. or as soon as possible thereafter
CLOSED SESSION
CS1. Section 54956.8 (Conference with Real Property Negotiator). 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. City and 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: City and/or CDA Negotiators on behalf of both the City of Mission Viejo and the Community Development Agency of the City of Mission Viejo; Ralph Deppisch, The Steadfast Companies, and Brad Syverson, Vice President, Target Corporation. 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 and alternatively acquisition of Targets ownership interest in the site. Factors Affecting Price and Terms under Negotiation: (1) Recorded covenants, (2) Scope of development of Property, (3) Affordable housing requirements, and (4) interests claimed by Target Corporation. Factors affecting time of payment: (1) Conditions to closing, (2) Due diligence period, (3) Schedule of Development and Development of Affordable Housing, and (4) City or Agency financing.
REPORT OF CLOSED SESSION
PRESENTATIONS
P1. City of Mission Viejo Housing Rehabilitation Program
Recommended Action: Receive presentation by City of Mission Viejo Housing Rehabilitation Specialist Theresa Dobbs.
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 October 15, 2007, as presented or as amended.
3. Check Register dated August 3, 2007, in the amount of $2,205,710.44
Recommended Action: Ratify the accompanying check register.
4. Check Register dated October 5, 2007, in the amount of $1,495,964.55
Recommended Action: Ratify the accompanying check register.
5. Check Register dated October 12, 2007, in the amount of $1,559,453.65
Recommended Action: Ratify the accompanying check register.
6. Check Register dated October 19, 2007, in the amount of $3,356,821.62
Recommended Action: Ratify the accompanying check register.
7. Amendment to Indenture of Trust Related to the Mission Viejo Community Development Financing Authority (MVCDFA) Variable Rate Demand Revenue Bonds (Mission Viejo Mall Improvement Project), 1999 Series A
Recommended Action: Adopt MVCDFA Resolution 2007-XX, Approving the Form and Authorizing Execution of an Amendment to the Indenture of Trust, Dated as of May 1, 1999, Relating to the Authority's $31,100,000 Mission Viejo Community Development Financing Authority Variable Rate Demand Revenue Bonds (Mission Viejo Mall Improvement Project), 1999 Series A (Tax-Exempt) and Approving Official Actions.
8. Cabot-Camino Capistrano Bridge Improvements (CIP 782)
Recommended Action: Approve Change Order 1 to Purchase Order 050251 to RBF Consulting, Inc., for additional preliminary design services in the amount of $46,776.
9. Consulting Services Associated with the Transportation Corridor Agencies and the City of Mission Viejo
Recommended Action: Authorize staff to issue a purchase order to RBF Consulting, Inc., (Design Team Contract DT-51) for professional consulting services associated with ongoing Transportation Corridor Agencies issues in an amount not to exceed $42,000.
10. Purchase of Citywide Internet Services.
Recommended Action: Approve a three-year contract with AT&T for $84,672 for Internet services.
11. Community Services Funding Program - Funding for Fiscal Year 2007-2008
Recommended Action: Approve the Community Services Commission’s recommended funding amounts for Fiscal Year 2007-2008 for the Community Services Funding Program.
12. Relocation of City Data Center from Library to City Hall
Recommended Action: Approve Resolution No. 07-XX, Amending the FY 2007-08 Budget to Provide Funding for the Relocation of the City's Data Center from the Mission Viejo Library to the City Hall.
13. Use of City Manager's Credit Card
Recommended Action: Authorize the one-time use of the City Manager’s corporate credit card for Red Ribbon Week Grand Marshal travel expenses.
14. Annual Review of Residential and Commercial Integrated Waste Management Rates
Recommended Action: Adopt Resolution 07-XX Authorizing Annual Rate Adjustments For Solid Waste Collection Services To Become Effective On January 1, 2008.
15. Mission Viejo Library's One-Year Subscription to InfoTrac
Recommended Action: Authorize the issuance of a purchase order to Califa in the amount of $42,132.00 for a one- year subscription renewal (July 1, 2007 to June 30, 2008) to InfoTrac's General Reference Center Magazine Database, the Business and Company Resource Center Database, the Biography Research Center Database, the Literature Resource Center Database, and the Opposing Viewpoints Database.
16. Marguerite Recreation Center Renovation (CIP 992) - Rehabilitation of the Pool Area
Recommended Action: (1) Approve change order No 2 to California Commercial Pools, Inc in an amount not to exceed $25,186.00; (2) approve change order No. 1 to Friess Construction, Inc in an amount not to exceed $7,691.00; (3) approve change order No. 1 to Petra Geotechnical, Inc in an amount not to exceed $1,680.00; and (4) adopt Resolution XX-07 Amending the FY 2007-08 Budget to Appropriate Funds for the Rehabilitation of the Marguerite Recreation Center; and (5) authorize the City Clerk to record 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 or by the City and (6) authorize payment of the final retention 35 days after the date of recordation of the notice of completion.
17. YMCA Parking Lot (CIP 315)
Recommended Action: Approve the plans and specifications for the rehabilitation of the parking lot at the Marguerite Recreation Center.
18. Parking Restriction on Via San Pedro, Via San Felipe, and Via Alvorado
Recommended Action: Adopt Resolution 07-XX Installing Parking Restrictions on Via San Pedro, Via San Felipe, and Via Alvorado.
19. Norman P. Murray Community and Senior Center Room Rental Rates and Facility Regulations
Recommended Action: Approve 1) the Community Services Commission’s recommendation for Room Rental Rates and Facility Regulations; and 2) allowing alcohol at the Norman P. Murray Community and Senior Center.
20. Traffic Safety Program (CIP 793)-Installation of Emergency Vehicle Preemption Devices at Various Locations
Recommended Action: Approve a contract in the amount of $133,413.41 with J & J, Inc., for the purchase, installation, and implementation of emergency vehicle preemption devices.
21. Marguerite Tennis Center Court Lighting (CIP 310), Marguerite Tennis Center Renovation (CIP 501) and Montanoso Locker Rooms Renovation (CIP 500)
Recommended Action: Award the construction management contract for the design and preconstruction phase for the Marguerite Tennis Center Court Lighting (CIP 310), Marguerite Tennis Center Renovation (CIP 501) and Montanoso Locker Rooms Renovation (CIP 500) projects to Friess Construction, Inc. in an amount of $56,500.
22. KSBR Jazz FM 88.5 of Saddleback College 2008 Birthday Bash Co-Sponsorship
Recommended Action: (1) Approve City Co-Sponsorship of the KSBR Jazz FM 88.5 of Saddleback College 2008 Birthday Bash; and (2) approve a Special Events Permit for Sunday, May 25, 2008 at the Norman P. Murray Community and Senior Center and Oso Viejo Park.
23. Employee Compensation Package for Calendar Years 2008 and 2009
Recommended Action: (1) Adopt Resolution 07-XX amending the City’s Salary Schedule and establishing salary ranges for authorized job classifications; (2) Adopt Resolution 07-XX Restructuring the City’s Flexible Benefit Plan and Fixed Monthly City Contribution Schedule; (3) Approve a 1%-of-base-salary City contribution for all full-time equivalent at-will, regular, promotional probationary, and probationary employees to a deferred compensation program; and (4) Authorize the City Manager to secure a California Public Employees’ Retirement System (CalPERS) valuation and contract amendment for the Pre-Retirement Optional Settlement 2 Death Benefit.
24. Computer Network Cabling for the Library Building.
Recommended Action: Waive bidding requirements per Municipal Code Section 3.12.290 (7) and approve contract with PacifiCom in the amount of $66,500 for purchase of cabling services and materials.
25. Norman P. Murray Community and Senior Center Expansion (CIP 994)
Recommended Action: Approve Change Order #13 to Douglas E. Barnhart, Inc. in the amount of $181,665 for additional construction costs for subject project.
26. Request to Close the Mission Viejo Library on Sunday, November 11, 2007
Recommended Action: Approve the request to close the Mission Viejo Library on Sunday, November 11, 2007, to facilitate the relocation of City Data Center from the Mission Viejo Library to City Hall.
27. Summary of FY 2007-08 Budget Amendments To Date
Recommended Action: Receive and file.
PUBLIC HEARINGS
28. Appeal of Planned Development Permit PDP2007-188 Filed by Mayor Gail Reavis of the Planning and Transportation Commission's September 24, 2007 Conditional Approval of a Petition Submitted by Amit Patel of Aspen Associates, Agent for T-Mobile, to Construct a Wireless Telecommunication Facility at a Moulton Niguel Water District Site at 26451 Lope De Vega Drive, in the R (Recreation) zone
Recommended Action: Adopt Resolution 07-XX Denying the Appeal Filed by Mayor Reavis, and Thereby Approving Planned Development Permit PDP2007-188.
OLD BUSINESS
NEW BUSINESS
29. Ordinance Adopting the 2007 California Building Codes
Recommended Action: (1) Introduce an Ordinance entitled “An Ordinance of the City Council of the City of Mission Viejo Amending Title 8 of the Mission Viejo Municipal Code by adopting by reference the 2007 Editions of the California Building, Plumbing, Electrical and Mechanical Codes, and related Model and Uniform Codes, with Appendices and Amendments thereto”; and (2) Adopt Resolution scheduling a public hearing for December 3, 2007 and directing the City Clerk to cause notice thereof to be published in accordance with Government Code Section 50022.3.
30. Ordinance Adopting the 2007 California Fire Code
Recommended Action: (1) Introduce an Ordinance entitled “An Ordinance of the City Council of the City of Mission Viejo adopting by reference the 2007 California Fire Code, incorporating the International Fire Code 2006 Edition, with errata, including Appendices Chapter 1 A, B and C, and the referenced standards together with certain amendments and deletions”; and (2) Adopt Resolution scheduling a public hearing for December 3, 2007 and directing the City Clerk to cause notice thereof to be published in accordance with Government Code Section 50022.3.
31. Reapplication of Minor Modification MM2006-125 Submitted by Matthew Levenson of Nine Star, Inc to Permit a 500 SF Skateboard and Bike Demonstration Area at the Exterior of the Nine Star Action Sport Retail Store at 27741 Crown Valley Parkway in Kaleidoscope Center
Recommended Action: Provide direction to staff.
32. Citywide Speed Limit Update
Recommended Action: Introduce Ordinance 07-XX Amending Chapter 12.04.010(d) of the Mission Viejo Municipal Code Regarding Prima Facie Speed Limits on Certain Streets.
33. First Amendment to the Construction and Demolition Waste Recycling Ordinance
Recommended Action: Introduce Ordinance 07-XX Amending Paragraph (c) of Section 6.10.1140 of Division 10, Chapter 6.10 of Title 6 of the Mission Viejo Municipal Code Relating to the Use of Diversion Performance Deposits.
ITEMS REMOVED FROM THE CONSENT CALENDAR
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
34. Orange County Fire Authority (OCFA) Report
Recommended Action: Receive the report.
35. Foothill/Eastern Transportation Corridor Agency Report
Recommended Action: Receive the report.
36. San Joaquin Hills Transportation Corridor Agency Report
Recommended Action: Receive the report.
37. Vector Control Board Report
Recommended Action: (1) Receive the report; and (2) discuss the expiration of Mayor Reavis' term of office on the Vector Control Board of Trustees and reappoint Mayor Reavis or a successor for the next term of office (two or four years).
STAFF REPORTS
City Manager’s Report
38. Update of city Activities Related to the Santiago Fire Incident
Recommended Action: Receive and file the report.
City Attorney’s Report
COUNCIL MEMBER COMMENTS
39. AB1234 - Council Member Reports of Events and Activities Attended
Recommended Action: Receive reports.
Council Member Kelley
Council Member MacLean
Council Member Ury
40. Update and Discussion Regarding Casta Del Sol Golf Course
Recommended Action: As necessary.
Mayor Pro Tempore Ledesma
Mayor Reavis
41. Casta del Sol Golf Course
Recommended Action: Initiate full public discussion with City Council regarding status of Casta del Sol Golf Course. Determine if Council wishes to direct staff or Council to pursue any action such as San Clemente has taken regarding conversion of a portion of a golf course in their city.
Adjournment to Monday, November 19, 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.
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