MISSION VIEJO AGENDA

City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees*

February 15, 2010, at 6:00 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 Ledesma
Council Member Schlicht
Council Member Ury
Mayor Pro Tem Kelley
Mayor MacLean

PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kelley

INVOCATION: Council Member Ury

PUBLIC COMMENTS

CONSENT CALENDAR

1. City Council Minutes
Recommended Action: Approve the regular City Council Minutes for the meeting of February 1, 2010, as presented or amended.

2. Official Results of the February 2, 2010, Special Municipal Election
Recommended Action: (1) Adopt Resolution 10-XX Reciting the Fact That a Special Municipal Election Was Held on February 2, 2010, and Declaring the Result and Such Other Matters.

COUNCIL RELATED CEREMONIAL ITEMS

3. Comments from Outgoing Mayor MacLean
Recommended Action: Receive comments.

4. Administration of Oath of Office
Recommended Action: Administer the Oath of Office and present Certificate of Election to Dave Leckness.

5. Comments from Council Member Dave Leckness
Recommended Action: Receive comments.

CITY COUNCIL REORGANIZATION

6. Election of Mayor and Mayor Pro Tem

CONSENT CALENDAR (CONTINUED)

7. 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.

8. Summary of Fiscal Year 2009 - 2010 Budget Amendments to Date
Recommended Action: Receive the report.

9. Check Register dated January 22, 2010, in the amount of $1,081,599.11
Recommended Action: Ratify the accompanying check register.

10. Check Register dated January 29, 2010, in the amount of $1,977,338.83
Recommended Action: Ratify the accompanying check register.

11. Quarterly Check Register and Quarterly Cash Receipts Report - Second Quarter of FY 2009-10
Recommended Action: Receive and file.

12. City Treasurer’s Monthly Report for December 2009
Recommended Action: Receive and file.

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

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

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

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

17. Semi-Annual Financial Report for the Community Development Financing Authority - First Six Months of FY 2009-10
Recommended Action: Receive and file.

18. Oso Creek Restoration and Protection Project (CIP 207) - Marguerite Parkway Median Island Landscape Improvements
Recommended Action: Approve the Bid Specifications and authorize staff to advertise for construction bids for the subject project

19. Oso Creek Restoration and Protection Project (CIP 207)-Storm Drain and Water Quality Improvements for Oso Parkway
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

20. Oso Creek Restoration and Protection Project (CIP 207)-Montanoso Recreation Center Bio-Swale Construction
Recommended Action: Approve the bid specifications and authorize staff to advertise for construction bids for the subject project.

21. Support for the Local Taxpayer, Public Safety and Transportation Protection Act of 2010
Recommended Action: Adopt the Resolution in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010

22. Crown Valley Parkway Widening (CIP 752)
Recommended Action: Authorize payment of 50% of All American Asphalt Inc.'s construction contract retention in the amount of $658,388.44.

23. Report on Audit of the Air Quality Improvement Fund For The Fiscal Year Ended June 30, 2009 and AB 2766 Annual Program Report, June 30, 2009
Recommended Action: Receive and file.

PUBLIC HEARINGS

OLD BUSINESS

24. Agreement for Professional Services for the Preparation of an Environmental Impact Report to Update the Land Use, Conservation / Open Space, and Circulation Elements of the City General Plan; and Preparation of an Air Quality / Greenhouse Gas Reduction Element / Climate Action Plan.

Recommended Action: Approve Agreement with AECOM in an amount not to exceed $200,000 for professional services.

25. June 8, 2010, Special Municipal Election for the Vote on Private and Public Property Land Use Regulation Initiative Measure
Recommended Action: (1) Adopt Resolution 10-XX Calling for the Holding of a Special Municipal Election on Tuesday, June 8, 2010, for the Submission of a Proposed Ordinance; (2) adopt Resolution 10-XX Requesting The Board of Supervisors of The County of Orange to Consolidate a Special Municipal Election to be Held on June 8, 2010, With the Statewide Primary Election to be Held on the Date Pursuant To Section 10403 of the Elections Code; (3) adopt Resolution 10-XX Setting Priorities for Filing Written Arguments Regarding an Initiative Measure and Directing the City Attorney to Prepare an Impartial Analysis; (4) adopt Resolution 10-XX Providing for the Filing of Rebuttal Arguments for Initiative Measures Submitted At Municipal Elections; (5) adopt Resolution 10-XX Amending the Fiscal Year 2009–2010 Budget in the Amount of $147,516 to Pay for the June 8, 2010, Special Election for an Initiative Measure; and (6) consider whether to authorize one or more members of the City Council to file a written argument against the ordinance as permitted by Elections Code Section 9282.

NEW BUSINESS

26. Various Speed Limit Updates
Recommended Action: Introduce Ordinance 10-XX Amending Chapter 12.04.010(d) of the Mission Viejo Municipal Code Regarding Prima Facie Speed Limits on Certain Streets.

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

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

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS

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

Council Member Kelley
Council Member Leckness
Council Member Ledesma
Council Member Schlicht
Council Member Ury

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, CDA Executive Director/City Manager; Irwin Bornstein, Assistant City Manager; Charles Wilson, Director of Community Development; James Williams, Economic Advisor; Celeste Brady, CDA Special Counsel; William Curley, III, City Attorney/CDA General Counsel. Developer’s Negotiators: Bob Garrison of Lennar Homes of California, Inc., as Prospective Buyer from Target Corporation, and Roger Grable of Manatt Phelps, Counsel to Lennar. Under negotiation: Real property interests for affordable housing, the price and terms of payment thereof for above-listed Property pursuant to Affordable Housing Agreement. Factors Affecting Price and Terms under Negotiation: Recorded covenants, Scope and schedule of development of Property and Affordable housing requirements. Factors affecting time of payment: Conditions to closing, Due diligence period and Schedule of Project Development of Affordable Housing.

REPORT OF CLOSED SESSION

Adjournment to Monday, March 1, 2010, 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.