MISSION VIEJO AGENDA

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

March 1, 2010, at 5:00 PM (Closed Session Business)
March 1, 2010, 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 Ledesma
Council Member Schlicht
Council Member Ury
Mayor Pro Tem Leckness
Mayor Kelley

PLEDGE OF ALLEGIANCE: Council Member Ledesma

INVOCATION: Council Member Schlicht

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 and CDA General Counsel. Developer’s Negotiators: Bob Garrison of Lennar Homes of California, Inc., as prospective buyer from Target Corporation 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.

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. Conference with City Attorney Concerning One Matter of Pending Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Oso Viejo Neighbors Association v. City of Mission Viejo et al. Case Number 30-2009-00319861.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Recognize Community Services Commissioner Ron Ruef for Being Named Outstanding Commissioner for the State by the California Association of Park and Recreation Commissioners and Board Members (CAPRCBM) for 2009 and being selected President of the CAPRCBM for 2010
Recommended Action: Present certificates of commendation.

P2. Presentation by Rich Dixon of the U.S. Census Bureau Regarding the Upcoming 2010 Census
Recommended Action: Receive presentation.

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 from the Regular City Council Meeting of February 15, 2010, as presented or as amended.

3. Check Register dated February 5, 2010, in the amount of $681,830.99
Recommended Action: Ratify the accompanying check register.

4. Check Register dated February 12, 2010, in the amount of $731,992.76
Recommended Action: Ratify the accompanying check register.

5. Various Speed Limit Updates
Recommended Action: Adopt Ordinance 10-278 Amending Chapter 12.04.010(d) of the Mission Viejo Municipal Code Regarding Prima Facie Speed Limits on Certain Streets.

PUBLIC HEARINGS

OLD BUSINESS

6. Affordable Housing Agreement Between Community Development Agency of The City of Mission Viejo and Lennar Homes of California, Inc.
Recommended Action: (1) Approve Affordable Housing Agreement (AHA) substantially in the form appended to this agenda report and authorize execution and attestation thereof; and (2) authorize CDA Executive Director (and authorized designees), the CDA General Counsel (City Attorney), and CDA Special Counsel to implement the AHA including the following actions: execute documents necessary to carry out the Project, make technical or minor changes and interpretations to the AHA, if necessary; cause issuance of warrants in implementation of the AHA; and administer the CDA’s obligations, responsibilities and duties to be performed thereunder.

NEW BUSINESS

6A. 2009-10 Supplemental Education Revenue Augmentation Fund (SERAF) Payment
Recommended Action: (1) Adopt CDA Resolution 10-XX Approving The Borrowing From Its Low And Moderate Income Housing Fund For The Purpose Of Paying The CDA’s Supplemental Educational Revenue Augmentation Fund (SERAF) Payment For Fiscal Year 2009-10 And Making Certain Findings Pursuant To Health And Safety Code Section 33690, and (2) adopt Resolution 10-XX Approving The Borrowing By The Community Development Agency Of The City Of Mission Viejo From Its Low And Moderate Income Housing Fund For The Purpose Of Paying The CDA’s Supplemental Educational Revenue Augmentation Fund (SERAF) Payment For Fiscal Year 2009-10.

7. Appointments to the Community Services Commission, Investment Advisory Commission, and the Planning and Transportation Commission by Newly Elected Council Member Leckness
Recommended Action: Consider Mayor Pro Tem Leckness' nominations to appoint two members to the Community Services Commission and one member each for the Investment Advisory Commission and the Planning and Transportation Commission

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

STAFF REPORTS

City Manager’s Report

11. Update on Dial-a-Taxi Contract Renewal
Recommended Action: Receive update.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

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

Council Member Ledesma
Council Member Schlicht

Council Member Ury

13. Update on Ballot Argument against the Right to Vote Initiative
Recommended Action: Receive and file.

Mayor Pro Tem Leckness
Mayor Kelley

Adjournment to Monday, March 15, 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.