City Council Agenda - 11/16/09

MISSION VIEJO AGENDA

City Council, Community Development Agency,

Community Development Financing Authority,

Public Improvement Corporation, and Library Board of Trustees*

November 16, 2009, at 5:00 PM (Closed Session Business)

November 16, 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: Council Member Ledesma

INVOCATION: Mayor Pro Tem MacLean

CLOSED SESSION

CS1. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8. Real property denoted as Parcel 2 of Tentative Tract Map No. 16877, with a common address of 25565 Los Alisos Boulevard, Mission Viejo, California and generally situated easterly of the intersection of Jeronimo Road and Los Alisos Boulevard in the City of Mission Viejo owned by 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, City Attorney. Negotiating Parties: CDA Negotiators on behalf of Community Development Agency of the City of Mission Viejo; and Bob Garrison Lennar Homes as prospective buyer from Target Corporation; Roger Grable of Manatt Phelps, counsel to Lennar; Julie Rosenbaum of Target Corporation; Michele Jefcoat of CBRE, broker for subject property. Under negotiation: Potential acquisition and/or disposition of real property interests for long term affordable housing and the price and terms of payment therefor 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 performance and Development of Affordable Housing.

CS2. Conference with City Attorney Concerning One matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is City of Mission Viejo v. CUSD, Case No. 00180049; Companion Case, Rancho Santa Margarita v. CUSD, Case No. 00207543.

CS3. Conference with City Attorney Concerning One matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is City of Mission Viejo v. Saddleback Valley Unified School District (SVUSD), Case No. 00300610.

CS4. Conference with Legal Counsel—Anticipated Litigation. Potential Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. Two Cases Under Consideration.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Community of Character Award
Recommended Action: Present Community of Character Award to the Mission Viejo Elks Lodge #2444.

P2. Community of Character Award
Recommended Action: Present Community of Character Awards to the Mission Viejo Nadadores CHOC Swimmers

P3. Presentation by the County on the Status of the Environmental Efforts for the La Pata Avenue Gap Closure and Del Rio Extension Project
Recommended Action: Les Card of LSA Associates will give the presentation on behalf of the County.

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 waiver.

2. City Council Minutes
Recommended Action: Approve the Minutes for the Regular Meeting of November 2, 2009, as presented or as amended.

3. Check Register dated October 23, 2009, in the amount of $1,025,228.44
Recommended Action: Ratify the accompanying check register.

4. Check Register dated October 30, 2009, in the amount of $2,247,808.46
Recommended Action: Ratify the accompanying check register.

5. Quarterly Check Registers and Quarterly Cash Receipts Report - First Quarter of FY 2009-10
Recommended Action: Receive and file.

6. City Treasurer's Monthly Report for September 2009
Recommended Action: Receive and file.

7. Community Development Agency Treasurer’s Monthly Report for September 2009
Recommended Action: Receive and file.

8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for September 2009
Recommended Action: Receive and file.

9. Quarterly Financial Report for the City of Mission Viejo – First Quarter of 2009-10
Recommended Action: Receive and file

10. Quarterly Financial Report for the Community Development Agency – First Quarter of 2009-10
Recommended Action: Receive and file

11. Comprehensive Annual Financial Report for the City of Mission Viejo for the Fiscal Year Ended June 30, 2009
Recommended Action: Receive and file.

12. Water Efficient Landscape Regulations Ordinance
Recommended Action: Adopt Ordinance 09-277 Repealing and Replacing Chapter 8.12 of the Mission Viejo Code Entitled, "Water Efficient Landscape Ordinance".

13. Community Services Funding Program - Funding for Fiscal Year 2009-2010
Recommended Action: Approve the Community Services Commission’s recommended funding amounts for Fiscal Year 2009-2010 for the Community Services Funding Program.

14. American Recovery and Reinvestment Act of 2009 (ARRA) Street Rehabilitation Project (CIPs 202/837)
Recommended Action: (1) Award the construction contract for the subject project to All American Asphalt, Inc., in the amount of $1,027,027; and (2) adopt Resolution 09-XX Amending the Fiscal Year 2009–2010 Budget for Costs Related to CIP 202.

15. Shade Canopy Installation over the Bleachers at Various Sports Parks
Recommended Action: Approve the construction specifications and authorize staff to advertise for bids

PUBLIC HEARINGS

16. Mission Viejo Community Development Financing Authority Lease Revenue Refunding Bonds, 2009 Series A
Recommended Action: 1) Adopt City of Mission Viejo Resolution No. 09-XX, approving proceedings by the Mission Viejo Community Development Financing Authority for the issuance and sale of Lease Revenue Bonds to refund the outstanding City of Mission Viejo Certificates of Participation (1996 Mission Viejo Public Library Financing Project) and the outstanding Mission Viejo Community Development Financing Authority Lease Revenue Bonds, 2001 Series A (City Hall Construction and Library Expansion Project), and approving related documents and official actions; 2) Adopt Community Development Financing Authority (CDFA) Resolution No. 09-XX, authorizing the issuance and sale of Lease Revenue Bonds to refund the outstanding City of Mission Viejo Certificates of Participation (1996 Mission Viejo Public Library Financing Project) and the outstanding Mission Viejo Community Development Financing Authority Lease Revenue bonds, 2001 Series A (City Hall Construction and Library Expansion Project), and approving related documents and official actions; 3) Adopt Mission Viejo Public Improvement Corporation (PIC) Resolution No. 09-XX, authorizing the execution and delivery of a termination agreement relating to the outstanding City Of Mission Viejo Certificates of Participation (1996 Mission Viejo Public Library Financing Project) and approving official actions.

OLD BUSINESS

17. Business Registration
Recommended Action: Provide direction to staff

NEW BUSINESS

18. Request for Proposals for Integrated Solid Waste Management Services
Recommended Action: Approve the Request for Proposals and the draft agreement for Integrated Solid Waste Management Services.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

19. Possible Renaming of Youth Athletic Park to Marty Russo Youth Athletic Park
Recommended Action: Consider the Community Services Commission’s recommendation for the renaming of Youth Athletic Park to the Marty Russo Youth Athletic Park

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

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

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

23. SCAG Transportation & Communications Committee (TCC) Report
Recommended Action: Receive report.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

24. Response to the Cure and Correct Demand Presented by Resident Karen L. Medeiros
Recommended Action: Receive recommendation and direct staff as necessary.

COUNCIL MEMBER COMMENTS

25. Council Member Reports of Events and Activities Attended
Recommended Action: Receive the reports.

Council Member Kelley

26. Dog Park
Recommended Action: Rescind the Council’s prior location decision and assign the approved funding to an alternate site.

Council Member Ledesma
Council Member Schlicht
Mayor Pro Tem MacLean
Mayor Ury

Adjournment to Monday, December 7, 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.