MISSION VIEJO AGENDA

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

August 16, 2010, at 5:00 PM (Closed Session Business)
August 16, 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 Schlicht

INVOCATION: Mayor Pro Tem Leckness

CLOSED SESSION

CS1. Public Employee Performance Evaluation of the Incumbent for the Position of City Attorney Pursuant to Government Code Sections 54957 and 54957.6.

CS2. Conference with Real Property Negotiator Government Code Section 54956.8: The real property commonly known as The Shops at Mission Viejo (Mall Property) that is generally bounded by Crown Valley Parkway to the north, Medical Center Road to the east, Marguerite Parkway to the southeast, Via Curacion to the south, and the I 5 San Diego Freeway to the west and comprised of Assessor Parcel Nos. (APNs) 740-011-38, 740-011-39, 740-011-43, 740-011-45, 740-121-15 owned by Mission Viejo Associates, L.P., a California limited partnership. CDA Negotiators: On behalf of Community Development Agency of the City of Mission Viejo (“CDA”): Dennis Wilberg, City Manager/CDA Executive Director, Irwin Bornstein, Assistant City Manager, Charles Wilson, Director of Community Development, James Williams, Economic Advisor, Celeste Brady, CDA Counsel, and William Curley, III, City Attorney. Owner Negotiators: On behalf of Mission Viejo Associates, L.P. (“”Owner”) from Simon Property Group, the Owner entity’s managing general partner: William Hammer and Bruce Moore, Esq. Under negotiation and discussion: CDA will consider the proposed price and terms of a real property transaction that may be the basis for amendment(s) of the OPA and Covenants Agreement (Amendment). The proposed Amendment will address Covenants Agreement, a real property interest. Factors Affecting Price and Terms under Negotiation: (i) modification, if any, of Covenants Agreement; and (ii) reuse and redevelopment of Major Department Store space.

REPORT OF CLOSED SESSION

PRESENTATIONS

P1. Recognize Waste Management for their $4,588.95 Donation to the Friends of the Mission Viejo Library
Recommended Action: Receive donation and present certificate of appreciation to Waste Management.

P2. Recognize Mission Viejo’s Community Recycling Program Award Winner
Recommended Action: Present award.

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 July 6, 2010, as presented or as amended.

3. Technology Services for El Toro Water District
Recommended Action: Approve draft agreement to provide technology services to El Toro Water District and direct City Manager to finalize the negotiations and the terms of the agreement with the District for City Council approval at a future meeting.

4. City Treasurer's Monthly Report for May 2010
Recommended Action: Receive and file.

5. Community Development Agency Treasurer's Monthly Report for May 2010
Recommended Action: Receive and file.

6. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for May 2010
Recommended Action: Receive and file.

7. Check Register dated June 25, 2010, in the amount of $1,792,257.30
Recommended Action: Ratify the accompanying check register.

8. Check Register dated July 2, 2010, in the amount of $2,876,378.60
Recommended Action: Ratify the accompanying check register.

9. Check Register dated July 9, 2010, in the amount of $724,134.27
Recommended Action: Ratify the accompanying check register.

10. Check Register dated July 16, 2010, in the amount of $1, 086,018.12
Recommended Action: Ratify the accompanying check register.

11. Check Register dated July 23, 2010, in the amount of $1,335,953.89
Recommended Action: Ratify the accompanying check register.

12. Check Register dated July 30, 2010, in the amount of $1,176,473.44
Recommended Action: Ratify the accompanying check register.

13. E-Verify Ordinance
Recommended Action: Adopt Ordinance 10-281 Amending and Restating Ordinance 07-247, as Amended, as Set Forth in Chapter 2.80 of Title 2 of the Mission Viejo Municipal Code.

14. Acceptance of Tract Map 16877 and Associated Bond and Agreement
Recommended Action: (1) Approve Tract Map 16877 and authorize the City Clerk and the City Engineer to sign the record map upon completion of any technical corrections required by the City Engineer; (2) accept the off-site improvements constructed in the public right-of-way by Target Corporation; (3)authorize the Mayor and the City Clerk to sign the Subdivision Agreement with Target Corporation for Tract Map 16877, and accept Subdivision Warranty Bond No. 105459622 in the amount of $498,282.00, posted by Travelers Casualty and Surety Company of America, and (4) authorize the City Clerk to release Subdivision Warranty Bond No. 105459622 in the amount of $498,282.00, posted by Travelers Casualty and Surety Company of America in one year if no claims are filed.

15. American Recovery and Reinvestment Act of 2009 (ARRA) Street Improvement Project (CIP 202/837)
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.

16. 2010 CDBG Residential Street Resurfacing (CIP 838)
Recommended Action: Award the construction contract for the subject project to R. J. Noble Company in the amount of $314,480.00.

17. Crown Valley Parkway Widening - Cabot Road to I-5 (CIP 795)
Recommended Action: Approve the Second Amendment to the agreement with the City of Laguna Niguel and RBF Consulting for professional design services for the Crown Valley Parkway/I-5 Widening Project, including the City of Mission Viejo's share of additional costs in the amount of $36,083.

18. Second Amendment to the City of Mission Viejo Technical Outsourcing Agreement
Recommended Action: Approve the Second Amendment to the City of Mission Viejo Technical Services Outsourcing Agreement with Baker & Taylor

19. City Treasurer's Monthly Report for June 2010
Recommended Action: Receive and file.

20. Community Development Agency Treasurer's Monthly Report for June 2010
Recommended Action: Receive and file.

21. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for June 2010
Recommended Action: Receive and file.

22. 2010 Residential Street Resurfacing--Slurry Seal (CIP 838)
Recommended Action: Award the construction contract for the subject project to Roy Allan Slurry Seal, Inc., in the amount of $410,328.00.

PUBLIC HEARINGS

23. Public Hearing to Consider All Objections to the Proposed Abatement of Weeds on Parcels Less than One Acre for the Annual Weed Abatement Program 2010 - Phase 1
Recommended Action: (1) Open Public Hearing and (2) direct the Director of Public Services to proceed and perform the removal of weeds in accordance with Section 39569 of the Government Code.

OLD BUSINESS

24. Second Amendment to Owner Participation Agreement between the CDA and Mission Viejo Associates, LP, Related to The Shops at Mission Viejo
Recommended Action: Adopt CDA Resolution 10-XX Approving the Second Amendment to the Owner Participation Agreement

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

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

STAFF REPORTS

City Manager’s Report
City Attorney’s Report

COUNCIL MEMBER COMMENTS AND ACTIONS

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

Council Member Ledesma
Council Member Schlicht
Council Member Ury
Mayor Pro Tem Leckness
Mayor Kelley

Adjournment to Tuesday, September 7, 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.