MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees*

February 2, 2009, at 5:00 PM (Closed Session Business)
February 2, 2009, at 6:00 PM (General Business)

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 Ledesma
Council Member Schlicht
Mayor Pro Tem MacLean
Mayor Ury

PLEDGE OF ALLEGIANCE: Mayor Ury

INVOCATION: Mayor Pro Tem MacLean

CLOSED SESSION

CS1. Conference with the City’s Real Property Negotiators and Attorney (City Manager Dennis Wilberg and City Attorney William P. Curley) Pursuant to Government Code Section 54956.8 Concerning the Real Property Known as Turf Lane Park Located at 25361 Turf Avenue (APN 619-331-35) in the City of Mission Viejo. The Negotiating Parties Are the City of Mission Viejo and the Timberline Community Association. Under Negotiation Will Be the Price and Terms of Payment for the Potential Sale of the Park to the Timberline Community Association

CS2. Conference With Real Property Negotiator Pursuant To Government Code Section 54956.8. Property: An approximate 7.4 net acre site 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 owned by the Target Corporation. CDA Negotiators: 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. Owner’s Negotiators: On behalf of Target Corporation CB Richard Ellis Representatives: Suzanne Washburn, Senior Vice President, Raymond Eldridge, Senior Vice President, Wood Belcher, First Vice President, and Michelle Jefcoat, Senior Sales Director. Under Negotiation: Consideration of Offering Memorandum for potential acquisition of real property interests for long term affordable housing purposes and the price and terms of payment therefore related to the above-listed Property. Factors Affecting Price and Terms under Negotiation: Recorded Covenants, Scope of Development of Property, and Affordable Housing Requirements. Factors affecting time of payment: Conditions to Closing. Due diligence Period, and Schedule of Development of Affordable Housing.

CS3. Conference With Real Property Negotiator Pursuant To Government Code Section 54956.8. Property: An approximate 7.12 acre site generally located at the intersection of Oso Parkway and Montanoso Drive, adjacent to Mission Viejo Country Club and owned by Watermarke Properties, Inc. CDA Negotiators: 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. Owner’s Negotiators: Salim Rahemtulla, Watermarke Properties, Inc., and Jeffrey M. Oderman, Rutan & Tucker, Counsel to Owner. Under Negotiation: Potential Acquisition and/or Disposition of Real Property Interests for Long Term Affordable Housing and the Price and Terms of Payment Therefore Related to the Above-Listed Property. Factors Affecting Price and Terms under Negotiation: Recorded Covenants, Scope of Development of Property, and Affordable Housing Requirements. Factors affecting time of payment: Conditions to Closing, Due Diligence Period, and Schedule of Development of Affordable Housing.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Recognize 2008 Employees of the Year
Recommended Action: Present plaques to (1) Library Page, Michael Bailey, City of Mission Viejo Employee of the Year; (2) Deputy Brad Blakely, Orange County Sheriff’s Department Employee of the Year; and (3) Fire Captain Kelly Zimmerman, Orange County Fire Authority Employee of the Year

P2. Certificate of Appreciation to the Mission Viejo Elks Lodge #2444
Recommended Action: Present certificate of appreciation.

P3. Presentation by Townsend Public Affairs on Reauthorization of the Safe Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and American Recovery and Reinvestment Act.
Recommended Action: Receive presentation and provide comments as necessary.

PUBLIC COMMENTS

Persons wishing to address the Council on City business that is not listed on the Agenda may do so at this time. "Public Comment" forms are available at the entrance to the Council Chamber. Each Speaker may be allotted three minutes.

Those wishing to address the Council on any item that is listed on the Agenda should submit to the City Clerk a "Request to Speak" form before the Mayor announces that agenda item. The Mayor will call speakers during consideration of each item.

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 Minutes for the regular City Council Meeting of January 19, 2009, as presented or as amended.

3. Amendment to Agreement for Building Plan Check and Inspection Services and for Public Works Support Services - Charles Abbott Associates, Inc.
Recommended Action: Approve the First Amendment of Agreement with Charles Abbott Associates, Inc. for Building Plan Check and Inspection Services and for Public Works Support Services for the Period from July 1, 2009 to June 30, 2011.

4. Residential Slurry Seal (CIP 838)
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.

PUBLIC HEARINGS

5. General Plan Amendment GPA2007-27, being a City-initiated petition to update to the Noise Element and re-adopt the existing Public Safety Element of the City’s General Plan. The Noise Element consists of goals and policies to limit exposure of the community to excessive noise levels. The Public Safety Element consists of goals and polices to mitigate identified hazards specific to Mission Viejo.
Recommended Action: (1) Adopt Resolution 09-XX approving General Plan Amendment GPA2007-27 to update to the Noise Element and re-adopt the existing Public Safety Element of the City’s General Plan; and (2) adopt Negative Declaration declaring proposed General Plan Amendment GPA2007-27 as it pertains to the Noise Element and Public Safety Element will not have a significant adverse impact on the environment for the purpose of CEQA review.

6. Twelve Month Extension of Interim Ordinance No. 08-267 Regarding A Moratorium On The Change Of Use For All Recreation And Open Space Land Within The City Pending Further Study
Recommended Action: Approve a Twelve Month Extension of Interim Ordinance No. 08-267 Declaring and Imposing a Moratorium on the Granting of Any Requests For Changes to the General Plan and/or Any Specific Plans, Changes of Zone, and Any and All Land Use Entitlements Regardless of Type or Title, Together with All Building Permits or Similar Entitlements For, Upon or Applying to Any Land Designated As, or Improved As Recreational and/or Open Space Within the City of Mission Viejo During the Term of this Interim Ordinance, and Declaring the Urgency Thereof.

OLD BUSINESS

NEW BUSINESS

7. Check Register dated January 9, 2009, in the amount of $700,924.69
Recommended Action: Ratify the accompanying check register.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

8. Committee Appointments
Recommended Action: The City Council will establish three committees and Mayor Ury will appoint members to the following: (1) Economic Development Committee, (2) Check Register Review Committee, and (3) Roundabout Intersections Committee.

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

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

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

STAFF REPORTS

City Manager’s Report

12. South Orange County Gateway Improvement Program
Recommended Action: (1) Adopt Resolution 09-XX Supporting Funding for the South Orange County Gateway Improvement Program Through the Reauthorization of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and (2) comment and provide direction to staff on pursuing funding for projects through the American Recovery and Reinvestment Act and/or other Economic Stimulus Plans that may be acted on.

City Attorney’s Report

13. Request for City Council Direction Regarding the City Council's Alternate Statutory Responses to the Vote on Private and Public Property Land Use Regulation Initiative
Recommended Action: Provide direction to staff.

COUNCIL MEMBER COMMENTS

14. Council Member Reports of Events and Activities Attended
Recommended Action: (1) Receive reports and (2) receive the oral reports from Mayor Ury and Mayor Pro Tem MacLean on League of California Cities Seminars.

Council Member Kelley
Council Member Ledesma

Council Member Schlicht

15. Honoring Federal Holidays
Recommended Action: Postpone Council Meeting by One Day to Tuesday When Monday is a Federal Holiday.

16. Discussion of Council Rules of Order
Recommended Action: As necessary.

Mayor Pro Tem MacLean
Mayor Ury

Adjournment to Monday, February 16, 2009, at 5:00 PM

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.