Minutes_2007_03_19

MISSION VIEJO MINUTES
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation,
and Library Board of Trustees*
March 19, 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 5:01 p.m., on March 19, 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 March 14, 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
Council Member MacLean
Council Member Ury (arrived at 5:20 p.m.)
Mayor Pro Tempore Ledesma
Mayor Reavis
Absent: None

Staff Present: Dennis Wilberg, City Manager
Irwin Bornstein, Assistant City Manager/Director of Administrative Services
William P. Curley III, City Attorney
Karen Hamman, City Clerk

Pledge of Allegiance: Mayor Pro Tempore Ledesma
Invocation: Mayor Reavis

CLOSED SESSION

RECESS AND RECONVENE

At 5:03 p.m., Mayor Reavis declared a recess. The City Council reconvened at 7:05 p.m. with all five City Council Members present.

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that the City Council did not have a Closed Session this evening and therefore there was no action to report.

PRESENTATIONS

P1. Recognize Orange County Sheriff’s Department Deputies Serving Mission Viejo for 25 or More DUI Arrests
Mayor Reavis and Mother’s Against Drunk Driving (M.A.D.D.) volunteers, Judy McIntyre and Fran Beckman, presented M.A.D.D. Awards to Deputies Todd Russ, Brad Kenneally, and Paul Schaff.

PUBLIC COMMENTS

Meredith Boling, M.V.: announced that she is a member of the Student Advisory Committee, organizing the living tree project for Artes de la Vida. Described their project and asked the community to donate anything purple and used or unused CD's for their tree decoration project.

Brian Skalsky, M.V.: invited the community to attend the Capistrano Valley High School Foundation event on April 28, 2007, for the purpose of raising funds for a new theater at CVHS. Additional information will be available at www.cvhsfoundation.org.

Deborah Craig, M.V.: expressed support for the ordinance to restrict illegal immigration hiring and thanked the City Council for the leadership on this issue.

CONSENT CALENDAR

Items 4, 14, 15 and 19 were removed from the Consent Calendar for separate discussion.

Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member MacLean, to approve the Consent Calendar as described below.

On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis, and Ury
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)
Approved the Open Session Minutes for the Regular Meeting of March 5, 2007, as presented.

3. Summary of Fiscal Year 2006-2007 Budget Amendments to Date (0330-30)
Received and filed.

5. Check Register Dated February 23, 2007, in the Amount of $566,549.28 (0300-30)
Ratified the accompanying check register.

6. Check Register Dated March 2, 2007, in the Amount of $1,839,803.48 (0300-30)
Ratified the accompanying check register.

7. City Treasurer’s Monthly Report for January 2007 (0320-80)
Received and filed the report.

8. Community Development Agency (CDA) Treasurer’s Report for January 2007 (0320-80)
Received and filed the report.

9. Community Development Financing Authority (CDFA) Treasurer’s Report for
January 2007 (0320-80)
Received and filed the report.

10. Air Quality Improvement Special Revenue Fund Financial Statements With Report on Audit by Independent Certified Public Accountants for the Fiscal Year Ended June 30, 2006 and AB 2766 Annual Program Report, June 30, 2006 (0310-20)
Received and filed the report.

11. Mid-Year Budget Review for Fiscal Year 2006-2007 (0330-30)
Adopted Resolution 07-17 Amending the Fiscal Year 2006-2007 Budget for Adjustments in Certain Revenue and Appropriation Accounts.

12. Proposed Lease Agreement Submitted by Verizon Wireless in Conjunction with Proposal to Construct a Wireless Telecommunications Facility at Alicia Park, 23551 Coronel Drive (commonly known as 23650 Via Linda), on Property Owned by the City of Mission Viejo (0400-10)
Approved and authorized the City Manager to execute the lease (A07-15).

13. Authorization for Educational Funding Services, Inc., to Apply for $210,000,000 in Tax Exempt Bonds for Student Loan Origination as Required by Section 147(f) of the IRS Code (0130-60)
Adopted Resolution 07-18 Authorizing the Issuance of Student Loan Bonds by Educational Funding Services, Inc., in an Aggregate Amount not to Exceed $210,000,000.

16. Replacement of Park Security Lighting (CIP 300) (0730-20)
Approved the bid specifications and authorized staff to advertise for construction bids for the subject project.

17. Site Fencing Repairs and Replacement (CIP 304) (0400-10)
Issued a purchase order to Richard Fisher Associates for the design and development of construction documents for bidding of site fencing and baseball safety fence netting in an amount not to exceed $21,000.

18. Sierra Recreation Center Renovation (CIP 984)—Pool Rehabilitation
Approved Change Order No. 2 to the California Commercial Pools, Inc. contract in an amount not to exceed $25,328.14.

20. Graffiti Removal, Steam Cleaning, Painting, and Sealing Services (0400-10)
Approved the fourth amendment with Bonanza Steam Cleaning to increase the contract in an amount not to exceed $10,000.

21. Fee Waiver Request by Laguna Hills High School (0730-10)
Approved the Fee Waiver Request by Laguna Hills High School for the use of Alicia Park for their Annual Softball Tournament in the amount of $2,450.

ITEMS REMOVED FROM THE CONSENT CALENDAR

4. Ordinance Requiring the City of Mission Viejo and its Vendors to Participate in the Basic Pilot Program that is Administered by the Department of Homeland Security (0480-20)
The following spoke in favor of the Basic Pilot Program: Carl Olson, State Department Watch, Woodland Hills; Steve Serra, M.V.; Max McDougall, M.V.; Steven Guess, M.V.; Carl Schultess, M.V.

The following spoke in opposition to the Basic Pilot Program: Paul Flanagan, M.D., Costa Mesa.

Motion made by Mayor Pro Tempore Ledesma, seconded by Mayor Reavis, to adopt Ordinance 07-247 Adding Chapter 2.80 to Tile 2 of the Mission Viejo Municipal Code Requiring City Employees and city Contractors to Adhere to Specified Hiring Procedures.

On roll call, said motion carried by the following vote:

AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None

PUBLIC HEARINGS

22. St. Joseph Health System/Mission Hospital Regional Medical Center—Financing of Medical Facilities
Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report.
Mayor Reavis opened the Public Hearing. There being no comments, the Mayor closed the Public Hearing.
Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member Ury, Adopt Resolution 07-20 Approving the Issuance of Tax-Exempt Obligations by the California Statewide Communities Development Authority.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None

23. Proposed Draft Ordinance Amending Regulations Applicable to Signs and Amending Portions of Chapter 9.29 (Sign Standards) of the City’s Municipal Code (0480-20)

Director of Community Development Chuck Wilson presented the staff report.
Planning Manager Elaine Lister addressed the Council’s areas of concern and what recommendations the Planning and Transportation Commission made to address those concerns.

Mayor Reavis opened the public hearing.

The following made general comments about the proposed ordinance but did not provide an opinion in favor or against: Allan Pilger, M.V.

The following raised concerns with the proposed ordinance: Cathy Schlicht, M.V.; Bob Bunyan, M.V.; Mark Murell, representing UMA La Paz/La Paz Plaza, M.V.

Mayor Reavis closed the public hearing.

Motion made by Council Member MacLean, seconded by Mayor Reavis, to (1) introduce Ordinance No. 07-248 - as amended - an Ordinance of the City Council of the City of Mission Viejo Amending Regulations Applicable to Signs and Amending Portions of Chapter 9.29 (Sign Standards) of the City’s Municipal Code; and (2) adopt Negative Declaration declaring proposed Ordinance will not have a significant adverse impact on the environment for the purpose of CEQA review.

On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None
Amendment: Changes Section 9.29.215 C3 to allow for a monument sign with the Center’s name and up to three (3) tenants.
By consensus, the City Council directed staff to explore an overlay zone for commercial highway businesses.

OLD BUSINESS

24. Investment Advisory Commission Appointment (0120-90-15)
Continued to the next City Council Meeting.

25. Status Report on Capistrano Unified School District Audit (0310-20)
Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report.
Joe Aguilar, Vavrinek, Trine, Day and Company, LLP, Certified Public Accountants: presented a preliminary report on the CUSD Audit and explained reasons for the delay.
Motion made by Mayor Reavis, seconded by Council Member Kelley, to receive and file report and approve the five recommendations listed as "Preliminary Findings" on page four of the staff report.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None

NEW BUSINESS

26. State Legislative Advocacy Consulting Services (0410-45)
Deputy City Manager Karen Wylie presented the staff report.
By consensus, the City Council established a City Council Ad Hoc Committee to review proposals and interview State legislative advocacy firms and return with a selection recommendation. Mayor Reavis appointed Council Member MacLean and Council Member Ury to the ad hoc committee.

RECESS

Mayor Reavis declared a recess at 7:55 p.m. The City Council reconvened at 8:09 p.m. with all five City Council Members present.

27. Ordinance Amending Chapter 5.04 of the Municipal Code (0480-20)
Deputy City Manager Karen Wylie presented the staff report.
Jonathan L. Kramer, Esq., Kramer Telecom Law Firm, P.C.: discussed telecommunication changes within the city and the within the State and the upcoming deployment of a new telecommunications system in Mission Viejo.

Bill Rudell, Richards Watson and Gershon: answered questions of the City Council.

Carol Tagayun, Director of External Affairs, AT&T: answered questions about aesthetics and installation of the equipment cabinets.
Motion made by Mayor Reavis, seconded by Council Member Ury, to adopt Ordinance No. 07-249 Amending Chapter 5.04 of the Municipal Code by Adding New Sections 5.04.390 and 5.04.400 Relating to a Support Fee for Local Cable Usage and Special Provisions Applicable to Holders of State Video Franchises.
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Reavis and Ury
NOES: Ledesma
ABSENT: None

By consensus, the City Council directed that any and all equipment boxes installed in Mission Viejo are placed underground.

ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)

14. Update of Dog Park Review (0730-10)
Director of Public Services Keith Rattay presented the staff report.
Cathy Schlicht, M.V.: expressed opposition to a dog park in any of the City parks.
Motion made by Council Member MacLean, seconded by Mayor Reavis, to direct staff to develop cost estimates for each of the locations for consideration by the Council during the budget preparation time.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None

15. Annual Routine Police Motorcycle Maintenance (0400-10)
Director of Public Services Keith Rattay presented the staff report.
Cathy Schlicht, M.V.: stated that the request to increase the contract price does not state a specific reason and asked if this action will open the door for other dealers to request increases.
Motion made by Council Member MacLean, seconded by Council Member Kelley, to approve the first amendment with IRV Seaver Motorcycles to increase the contract in an amount not to exceed $8,000 (A07-16).
Council Member Ledesma vacated the dais at 8:57 p.m .and returned at 8:59 p.m.
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Reavis and Ury
NOES: None
ABSENT: Ledesma

19. Melinda Park Restroom—CIP 308 (0400-10)
Motion made by Council Member MacLean, seconded by Council Member Kelley, to (1) award the contract to Green Giant Landscape, Inc., (A07-16) for the construction of the Melinda Park Restroom in an amount not to exceed $375,220; and (2) adopt Resolution 07-19 Amending the Fiscal year Budget to Include Funding for the Construction of the Melinda Park Restroom project
(CIP 208) in the Amount of $395,000.
On roll call, said motion carried by the following vote:
City Council Minutes 9 March 19, 2007
4/3/07 10:40 AM
AYES: Kelley, Ledesma, MacLean, and Ury
NOES: Reavis
ABSENT: None

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

29. Foothill/Eastern Transportation Corridor Agency Report (0410-40)
Received the report from Council Member MacLean.

30. San Joaquin Hills Transportation Corridor Agency Report (0410-40)
Received the report from Mayor Pro Tempore Ledesma.

31. 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

32. 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 and Council Member Kelley indicated that they have changes to their calendars and will provide an update to the City Clerk for the public record.

Council Member Kelley
Thanked Mission Viejo’s newest hero, seventeen year-old Capistrano Valley High School Student and Lake Mission Viejo lifeguard, Sean Hooper. Sean and two others helped to save a man’s life after he was involved in a car accident. Announced that Mission Viejo High School student Nick Larson plans to start a Diablos Character Club at the high school and she encouraged students who attend MVHS to look for more information on the club and to become involved. Reminded residents that there will be a Relay for Life Team Captain meeting on March 21, 2007, and she invited those interested to contact her for more information. Discussed her attendance at a luncheon to honor the Mission Viejo Activities Committee and reminded the community that the Committee needs volunteers.

Council Member MacLean
Thanked members of the Planning and Transportation Commission for their hard work on the sign ordinance and complimented his colleagues for moving the ordinance forward. Stated that the he is hopeful the ordinance will assist the residents and the City's businesses.

Council Member Ury

Mayor Pro Tempore Ledesma
Apologized for missing the vote on item 15 and stated that he would have definitely supported the item. Expressed his desire to re-form an ad hoc committee with the City of San Juan Capistrano to discuss mutual issues, especially traffic. Announced that he will place an item on the next Agenda to discuss this. Thanked his colleagues for supporting the Basic Pilot Program
Ordinance.

Mayor Reavis
33. Community Communications Network-United States of America (CCN-USA) Public Safety and Community Communications Video System (0400-10)
Fred Armendariz, President and CEO of CCN-USA: provided a brief overview of his company’s public safety and community communications closed network television systems. By consensus, the City Council directed the City Attorney to review the program and continued this item to the City Council Meeting of April 2, 2007. Mayor Reavis discussed her challenge to the city's children for letters to former Mission Viejo resident and astronaut, Captain Michael Lopez-Allegria, inviting him to be the keynote speaker and to lead this year's Walk Against Drugs.

ADJOURNMENT TO APRIL 2, 2007, AT 5:00 P.M.
At the hour of 9:28 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting to April 2, 2007, at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the meeting of April 2, 2007