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

July 2, 2007

A Regular Meeting of the City Council, the Community Development Agency, the Community Development Financing Authority, the Public Improvement Corporation, and the Library Board of Trustees of the City of Mission Viejo, California, was called to order by Mayor Reavis at 5:00 p.m., on July 2, 2007, at 200 Civic Center, Mission Viejo, California.

A complete copy of the agenda for the meeting containing all items as shown herein was posted by 5:00 p.m. on June 27, 2007, on the outdoor bulletin board at City Hall. Copies were also posted at the Montanoso Recreation and Fitness Center, 25800 Montanoso Drive, and the Norman P. Murray Community and Senior Center, 24932 Veterans Way.

*All Board and Agency memberships are reflected in the title "Council Member." CALL TO ORDER—CITY COUNCIL, COMMUNITY DEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY, PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF TRUSTEES

Present:
Council Member Kelley (arrived at 5:09 p.m.)
Council Member MacLean
Council Member Ury (arrived at 6:27 p.m.)
Mayor Pro Tempore Ledesma
Mayor Reavis
Absent:
None
Staff Present:
Dennis Wilberg, City Manager (arrived at 7:46 p.m.)
Irwin Bornstein, Asst. City Manager/Director of Administrative Services
William P. Curley III, City Attorney
Karen Hamman, City Clerk

Pledge of Allegiance:
Council Member MacLean

Invocation:
Mayor Pro Tempore Ledesma

CLOSED SESSION

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

RECESS AND RECONVENE

At 5:09 p.m., Mayor Reavis declared a recess to Closed Session. The City Council reconvened at 6:03 p.m. with four City Council Members present (Council Member Ury was absent but arrived at 6:27 p.m.)

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that there was no reportable action from Closed Session.

PRESENTATIONS

P1. Recognize the Mission Viejo High School Boys and Girls Swim and Dive Teams for Placing First in the 2007 Southern Section Division I Swimming Championships

Mayor Reavis, Coach Jeff Boss, and Assistant Coach Franchesca Spindler presented Certificates of Commendation to the Swim and Dive Team Members.

P2. Recognize the Mission Viejo Activities Committee Scholarship Recipients
Mayor Reavis and Don Asay, President of the Mission Viejo Activities Committee, presented Certificates of Commendation to Erik Anderson, Melissa Bell, Steven Breazeale, Julia Chen and Allison Littman.

P3. Mission Viejo Community Foundation Presentation of Check and Grant Announcement
Jim Leach, Chairman of the Mission Viejo Community Foundation and Linda Ackerman, Representative for Senator Dick Ackerman, presented the check to Mayor Reavis.

PUBLIC COMMENTS

Don Asay, President of the Mission Viejo Activities Committee: invited everyone to the annual 4th of July Street Faire and asked those interested in volunteering with the Activities Committee to call 949-830-7066.

Larry Gilbert, M.V.: expressed opposition to a $300,000 expenditure for a 2009 Rose Parade float.

Cathy Schlicht, M.V.: expressed opposition to an electronic message board at La Paz and Marguerite.

CONSENT CALENDAR

Item 20 was removed from the Consent Calendar for separate discussion.

Motion made by Council Member MacLean, seconded by Council Member Ury, to approve the Consent Calendar as described below.
On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
NOES:
None
ABSENT:
None

1. Waive Reading of Ordinances and Resolutions
Approved the reading by title of all ordinances and resolutions and declared 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 (0410-60)
(1) Approved the Open Session Minutes for the Regular Meeting of June 18, 2007, as presented and (2) approved the Open Session Minutes for the Budget Workshop of June 19, 2007 as presented.

3. Number not used.

4. Check Register Dated June 8, 2007, in the Amount of $676,862.49 (0300-30)
Ratified the accompanying check register.

5. Check Register Dated June 15, 2007, in the Amount of $1,553,171.76 (0300-30)
Ratified the accompanying check register.

6. Adoption of the 2007-2009 Budget for the Community Development Agency (CDA)(0330-30)
Approved Community Development Agency Resolution 07-03 Adopting a Budget for the Community Development Agency (CDA) of the City of Mission Viejo for 2007-2009 and Appropriating Funds for Fiscal Year 2007-2008 only.

7. Adoption of Fiscal Year 2007-2008 Budget for Mission Viejo Community Development Financing Authority (MVCDFA) (0330-30)
Adopted Community Development Financing Authority Resolution 2007-01 Adopting a Budget for the Mission Viejo Community Development Financing Authority for the 2007-2008 Fiscal Year.

8. Confirmation of Community Development Agency’s Lack of Authority in Regards to the Acquisition of Real Property by Eminent Domain (0480-20)
Adopted Ordinance 07-255 Confirming the Expiration and Describing the Community Development Agency of the City of Mission Viejo’s Power of Eminent Domain Thereby Describing the CDA’s Program and Lack of Power Regarding Acquisition of Real Property by Eminent Domain Pursuant to Senate Bill 53 and Section 33342.7 of the California Health and Safety Code.

9. Purchase of Hewlett Packard (HP) DesignJet 4500MFP Plotter (0380-40)
Authorized staff to issue a purchase order to CDW-G in the amount of $32,578.33 for the purchase of HP DesignJet 4500MFP Plotter.

10. Site Fencing Repairs and Replacement (CIP 304)(0730-30)
Approved the bid specifications and authorized staff to advertise for construction bids for the subject project.

11. Annual Routine Maintenance Programs: Graffiti Removal and Technical Irrigation Services Contract Bonding Requirements Clarification (0400-10)
Approved Maintenance Contract Amendments No. 1 to the Bonanza Steam Cleaning, Inc. and A.C. Landscape, Inc. contracts, clarifying that no performance bond or labor and material bond is required.

12. 2007 Playground Renovations (CIP 303) -Oso Viejo Community Park (0730-30)
Approved the bid specifications, and authorized staff to advertise for construction bids for the subject project.

13. City of Mission Viejo Seven-Year Public Works Capital Improvement Program (Fiscal Year 2007-08 through Fiscal Year 2013-2014) (0820-15)
Adopted Resolution 07-41 Adopting a Seven-Year Public Works Capital Improvement Program Beginning with the 2007-2008 Fiscal Year.

14. Proposed Exemption to MVMC Sec. 11.21.030 for the Target Symphony in the Cities Featuring the Pacific Symphony Orchestra (0730-80)
Approved an exemption to Sec.11.21.030, "Consumption of alcoholic beverages in public prohibited," of the City of Mission Viejo Municipal Code, for the Target Symphony in the Cities featuring the Pacific Symphony Orchestra on Saturday, July 28, 2007, at World Cup Soccer Fields.

15. Norman P. Murray Community and Senior Center Expansion (CIP 994) (0400-10)
(1) Approved Change Order #8 to Douglas E. Barnhart, Inc., in the amount of $14,039 for additional construction costs; (2) approved contract with PacifiCom for cabling services in the amount of $79,949.27; and (3) approved entering into a contract with TV Magic for audio and visual installation services plus material and equipment in the amount of $285,174.60, per Municipal Code Section 3.12.290 (7).

16. Recreation Centers Fee Adjustment (0740-20)
Approved the recommended fee adjustment for the Recreation Centers as noted in Exhibit A to the report, effective September 4, 2007.

17. Annual Support for Integrated Library System Software and Hardware for the Mission Viejo Library (0750-20)
Authorized the issuance of a purchase order to SirsiDynix in the amount of $41,602.44 for one year (July 1, 2007-June 30, 2008) of integrated library system software and hardware support for the Mission Viejo Library, pending approval of the 2007-2009 budget by the City Council.

18. Retiree Health Benefits Program Re-Design and Implementation (0520-50)
Approved the Second Amendment with Carney Badley Spellman in the amount of $15,000.

19. Lighting Design Consulting Services (0400-10)
Approved professional services agreement with The Ruzika Company for lighting design consulting services in an amount not to exceed $22,500.

PUBLIC HEARINGS

OLD BUSINESS

21. Adoption of the 2007-2009 City Budget (0330-30)
Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report.

Cathy Schlicht, M.V.: expressed concern with proposed police services expenditures, new crossing guards and a Rose Parade float.

Motion made by Council Member Kelley, seconded by Council Member MacLean, to add $82,000 per year for ongoing costs to provide eight additional crossing guards at five locations in the City.

On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
NOES:
None
ABSENT:
None

Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, to increase the budget by $30,000 for purchase of one patrol vehicle.
On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
NOES:
None
ABSENT:
None

Motion made by Council Member Kelley, seconded by Mayor Pro Tempore Ledesma, to increase the 2007-2008 budget by $425,000 for two School Resource Deputies, two fully-equipped patrol cars, and two portable radios.

On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
NOES:
Council Member MacLean
ABSENT:
None
 

Motion made by Council Member MacLean, seconded by Council Member Ury, to adopt (1) Resolution 07-42 Adopting a Budget for the City of Mission Viejo for 2007-09 and Appropriating Funds for FY 2007-08 only; (2) Resolution 07-43 Establishing an Appropriations Limit for FY 2007-08; and (3) Resolution 07-44 Amending the City’s Salary Schedule to Add Two New Position Classifications.

On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
NOES:
None
ABSENT:
None

22. Management and Budget Policies (0100-90)
By consensus, the City Council continued this matter to the City Council Meeting of August 20, 2007.

NEW BUSINESS

23. Proposed Revisions to Purchasing Ordinance and Policies (0100-90) (0480-20)
Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report.

Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, to (1) introduce Ordinance 07-256 Amending Sections 2.080.060 (13), 3.12.250, 3.12.130, 3.12.290, 3.12.295, and 3.13.010 of the Municipal Code; (2) adopt Resolution 07-46 Amending Dollar Thresholds for Informal and Formal Bidding Requirements, for the City Manager’s Authority to Enter into Contracts, for Contract Change Order Authority, and for Professional Services Bidding Requirements; and (3) adopt Resolution 07-47 Abolishing City Council Policy 0300-7 (Bidding Requirements above $30,000) and Incorporating its Content into the Appropriate Sections of the City’s Purchasing Policies and Procedures Manual.

On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
NOES:
None
ABSENT:
None

24. Street Sweeping Services (0400-10)
Director of Public Services Keith Rattay presented the staff report.

Motion made by Council Member MacLean, seconded by Council Member Kelley, to award a contract to Sunset Property Services (A07-72) for annual routine street sweeping of arterial and residential streets in an amount not to exceed $748,782.00 for the period of July 2, 2007 through June 30, 2009, with the option for one two-year renewal.

On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
NOES:
None
ABSENT:
None

25. City Council Committee Representative Appointment (0400-10)
City Clerk Karen Hamman presented the staff report.
Mayor Reavis appointed Council Member Ury as representative and Council Member MacLean as alternate to the Transportation Corridor System (TCS) Board of Directors.

ITEMS REMOVED FROM THE CONSENT CALENDAR

20.Electronic Message Board (CIP 305) (0400-10)
Director of Public Services Keith Rattay presented the staff report.

The following spoke in opposition to an electronic message board at the corner of La Paz Road and Marguerite Parkway: Larry Gilbert, M.V.; Paula Steinhauer, M.V.; Cathy Schlicht, M.V.; and Dorothy Wedel, M.V.

The following spoke in support of an electronic message board: Sharon Cody, M.V.

The following presented written comments or email correspondence in opposition to an electronic message board: Robert W. Piety, M.V.; Emma Lorene Piety, M.V.; Carol Spring, M.V.; Ben Martino, M.V.; Tyler E. Hamond, M.V.; Clyde T. Arashiro, M.V.; Margaret M. MacDonald, M.V.; Patricia Wallburg, M.V.; Elizabeth Mimm, M.V.; Bill Cruse, M.V.; Beverly Cruse, M.V.; Helen Stamate, M.V.; Lisa De Paul-Snyder and Jim Snyder, M.V.; Connie Lee, M.V.; Milt Jacobson, M.V.; Joe Cooper, M.V.; Tina Neukirch, M.V.; Carl Schulthess, M.V.; Cher Dorman, M.V.; Josephine Arklin, M.V.; Don Wilder, M.V.; David B. Whitney, M.V.; Heather Matter, M.V.; Suzanne Hill, M.V.; Debbie Fisher, M.V.; Susan Robinson, M.V.; Donna Bourassa, M.V.; Nicolas and Michele Dzepina, M.V.; Evelyn Olson, M.V.; Georgene Swanberg, M.V.; Carl W. Johnston, M.V.; Frank R. Fossati, M.V.; Shirley Parmeter, M.V.; James L. Garner, M.V.; Desi J. Kiss, M.V.; Tom O'Connor, M.V.; Kim Shiffman, M.V.; James Talay, M.V.; Kathie Hansen, M.V.; Phil, Paula and Elizabeth Steinhauer, M.V.; Louis, Gerry and Bob Knoke, M.V.; e-mail from "DRL Sales"; and Cathy Schlicht, M.V.

Motion made by Council Member MacLean, seconded by Council Member Ury, to award a contract to S. Parker Engineering (A07-71) in an amount not to exceed $143,030.00 for the installation of the Electronic Message Board.

On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member MacLean, and Council Member Ury
NOES:
Mayor Pro Tempore Ledesma, and Mayor Reavis
ABSENT:
None

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

26. Orange County Fire Authority (OCFA) Report (0410-40)
Received the report from Council Member Kelley.

27. Foothill/Eastern Transportation Corridor Agency Report (0410-40)
Council Member MacLean announced that there has not been a recent meeting of the Foothill/Eastern TCA Board.

28. San Joaquin Hills Transportation Corridor Agency Report (0410-40)
Mayor Pro Tempore Ledesma announced that there has not been a recent meeting of the San Joaquin Hills TCA Board.

29.Vector Control Board Report (0410-40)
Received the report from Mayor Reavis.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS

30. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70)
The City Council Members acknowledged the accuracy of their event and activities calendars as presented in the staff report. Mayor Reavis, Mayor Pro Tempore Ledesma and Council Member Kelley announced that they have changes to their calendars and they will provide updates to the City Clerk for the public record.

Council Member Kelley
Thanked the community for their increased participation and donations in this year’s Relay for Life and gave special thanks to the Albertson’s store at Muirlands and La Paz for providing two employees to help staff the cafe and for donating over $1,600 in food and water for the participants. Reminded residents that the Saddleback College Veteran’s Memorial committee is continuing to raise money and encouraged members of the community to learn more about the Memorial by visiting the Saddleback College web site or by contacting her. Reminded residents to attend the 4th of July celebration and invited those who would like to become involved to call 830-7066. Announced that the Community of Character word for the month of July is fairness.

Council Member MacLean
Discussed his attendance at the Habitat for Humanity home building project in the City of San Juan Capistrano where half of the homes will go to disabled veterans and the other half to needy families. Stated that this is an interesting project and one way that the City of San Juan Capistrano is meeting their affordable housing requirements. Invited the community to the annual 4th of July Community Street Faire on Olympiad and stated that he is looking forward to his hour in the dunk tank at 3:00 p.m. Thanked his City Council colleagues for supporting the community message board and reiterated his faith in the project.

Council Member Ury
Congratulated Council Member Kelley and her team on a successful Relay for Life event and thanked them for their hard work. Announced that his time in the 4th of July dunk tank will be 2:00 to 3:00 p.m. and he looks forward to seeing many people there. Wished everyone a great summer.

Mayor Pro Tempore Ledesma
Announced that he looks forward to the 4th of July Street Faire and his time in the dunk tank is 4:00 p.m. Wished everyone safe travels during the holiday and a happy 4th of July.

Mayor Reavis
Announced that the City of Mission Viejo has been officially recertified by the State of California for a compliant housing element. Stated that this has been a long time coming and congratulated staff and the Council on a job well done. Reminded residents that the City Council will be on summer hiatus until August 20th but the Council Members will be available through e-mail and by telephone. Reminded residents that the Pacific Symphony will be back in the City of Mission Viejo on July 28, 2007, at the Thomas Potocki Center. This is a free and fun family event and she encouraged everyone to attend. Wished Camp Pendleton’s Colonel Castellvi heath and well being during his deployment to Iraq.

ADJOURNMENT TO AUGUST 20, 2007 AT 5:00 P.M.

At the hour of 8:33 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting to Monday, August 20, 2007, at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the meeting of August 20, 2007