MISSION VIEJO MINUTES
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation,
and Library Board of Trustees*
April 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 5:05 p.m., on April 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 March 30, 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 5:45 p.m.)
Mayor Pro Tempore Ledesma
Mayor Reavis
Absent: None

Staff Present: Dennis Wilberg, City Manager
William P. Curley III, City Attorney
Karen Hamman, City Clerk

Invocation: Council Member Kelley
Pledge of Allegiance: Mayor Reavis

RECESS

At 5:07 p.m., Mayor Reavis declared a recess. The City Council reconvened at 6:05 p.m. with all five City Council Members present.

CLOSED SESSION

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 Mission Viejo’s Community Recycling Program Award Winner (0410-80)
Mayor Reavis and Michelle Clark, Community Relations Manager for Waste Management, presented the Recycling Program Award to Ray and Pat Felbinger.

PUBLIC COMMENTS

Danielle Fernandez on behalf of neighbors, Shelly Meyers, Dan Meyers, Jaime Crooks, Fred Crooks, and Ryan Smith, M.V.: expressed concern with parking issues in their neighborhood when patrons of Alicia Softball Field use their street for parking. Discussed safety issues, damage to cars, late night noise and trash left behind.

CONSENT CALENDAR

Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, 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 19, 2007, as presented.

3. Number not used.

4. Check Register Dated March 9, 2007, in the Amount of $934,808.77 (0300-30)
Ratified the accompanying check register.

5. Check Register Dated March 16, 2007, in the Amount of $1,074,295.59 (0300-30)
Ratified the accompanying check register.

6. Claim Against the City—Gloria Horton (0180-15)
Rejected claim.

7. Ordinance Amending Regulations Applicable to Signs and Amending Portions of Chapter 9.29 (Sign Standards) of the Municipal Code (0680-90) (0480-20)
Adopted Ordinance 07-248 Amending Regulations Applicable to Signs and Amending Portions of Chapter 9.29 (Sign Standards) of the Mission Viejo Municipal Code.

8. Ordinance Amending Chapter 5.04 of the Municipal Code (0480-20)
Adopted Ordinance 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.

9. Single Audit of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2006 (0310-20)
Received and filed.

10. Renewal of Maintenance Contract for Hewlett Packard Hardware (0400-10)
Authorized staff to issue a purchase order to Hewlett Packard in the amount of $46,913 for renewal of maintenance contract.

11. Felipe Road Pavement Resurfacing (CIP 837) (0400-10)
Awarded the construction contract for the subject project to American Asphalt South, Inc., in the amount of $409,083 (A07-18.)

12. Traffic Safety Program—Montanoso Drive Neighborhood Traffic Management Plan (CIP 779) (0400-10)
(1) Certified the completion of and accepted the improvements for the subject project; (2) authorized the City Manager to sign the Notice of Completion; (3) authorized 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) authorized payment of the final retention 35 days after the date of recordation of the Notice of Completion.

13. Master Funding Agreement Between the Orange County Transportation Authority and the City of Mission Viejo (0400-10)
Approved Amendment No. 12 to Cooperative Agreement No. C-95-984 between the Orange County Transportation Authority and the City.

14. Request from the International Tennis Federation (ITF) and the United States Tennis Association (USTA) to Utilize the Felipe Tennis Center (0740-10)
Approved a request by the ITF Cruyff Foundation International Junior Camp to conduct a 4-day wheelchair tennis camp at the Felipe Tennis Center July 2 - 5, 2007, and to waive any facility-use fees.

15. Number not used.

PUBLIC HEARINGS

16. Proposed Urgency Ordinance and Draft Ordinance Prohibiting Land Uses That Contravene State or Federal Law (0480-20)
Director of Community Development Chuck Wilson presented the staff report. Mayor Reavis opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing.
Motion made by Council Member Ury, seconded by Council Member MacLean, to (1) adopt Urgency Ordinance 07-250 Prohibiting All land Uses that Contravene State or Federal Law and (2) introduce Ordinance 07-251 Adding Section 9.01.035(5) to Title 9 of the Mission Viejo Municipal Code Prohibiting All Land Uses That Contravene State or Federal Law.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None
OLD BUSINESS

17. Investment Advisory Commission Appointment (0120-90-15)
Mayor Pro Tempore Ledesma nominated Jay Standish to the Investment Advisory Commission.
Motion made by Mayor Pro Tempore Ledesma, seconded by Mayor Reavis, to ratify the appointment of Jay Standish to the Investment Advisory Commission.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

18. Solid Waste Ad Hoc Committee Report (0400-10) Senior Management Analyst Denise Matson presented the staff report. David Ross, Waste Management, Irvine: discussed the service they provide to the residents and businesses of Mission Viejo and requested that the City Council grant an extension to the current contract with Waste Management.

Mayor Pro Tempore Ledesma and Council Member MacLean discussed the ad hoc committee’s recommendation to prepare a Request for Proposals (RFP) for the Solid Waste Franchise Agreement in order to synchronize the bidding process for the franchise agreement and the C&D Processing Agreement.

Motion made by Mayor Pro Tempore Ledesma, to direct staff to move forward with a Request for Proposals (RFP) for a Solid Waste Franchise Agreement by seeking a solid waste consulting firm to prepare an RFP. Motion died for lack of a second.

Motion made by Mayor Reavis, seconded by Council Member Kelley, to adopt Resolution 07-21 Approving the Third Amendment to the Agreement with Madison Materials, Inc., for the Processing of Construction and Demolition Waste through December 31, 2010, and Authorizing the City Manager to Execute the Third Amendment on Behalf of the City.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None

Motion made by Mayor Reavis, seconded by Council Member Ury, to adopt Resolution 07-22 Approving the Proposed Rate Adjustment for Gate Fees (3.5%) Charged to Mission Viejo Customers for Recycling and Processing Construction and Demolition Waste at Madison Materials’ Processing Facility Effective April 1, 2007.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None

Motion made by Mayor Reavis, seconded by Council Member Ury, to direct staff to prepare an amendment to the Solid Waste Franchise Agreement with Waste Management through December 31, 2010 (consistent with Waste Management’s proposal, Exhibit E 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

Motion made by Mayor Reavis, seconded by Council Member Ury, to accept Waste Management’s rate increase for waste to energy diversion for commercial customers ($58.10 per ton.)
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Reavis and Ury
NOES: Ledesma
ABSENT: None

Mayor Reavis announced that she is disbanding the Solid Waste Ad Hoc Committee and she thanked Mayor Pro Tempore Ledesma and Council Member MacLean for their service on the committee.

*Items 24 and 28 were taken out of order

COUNCIL MEMBER COMMENTS

24. Saddleback College Veterans Memorial
Dr. Richard McCullough, President, Saddleback College, M.V.: presented an overview of the Veteran’s Memorial project and discussed the unique water sculpture design which represents past and future Veterans serving our Country. Carlton LeDrew, Commander, Saddleback Valley Post 862, The American Legion, M.V.: speaking on behalf of the Veterans of the community, thanked the City Council for supporting the memorial at Saddleback College.

Motion made by Council Member Kelley, seconded by Mayor Reavis, to pledge $5,000 towards the Saddleback College Veterans Memorial.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma, MacLean, Reavis and Ury
NOES: None
ABSENT: None

RECESS

Mayor Reavis declared a recess at 7:28 p.m. The City Council reconvened at 7:36 p.m., with all five Council Members present.

28. Community Communications Network-United States of America (CCN-USA) Public Safety and Community Communications Video System (0400-10) Cathy Schlicht, M.V.: expressed opposition to the proposal and stated that this Nevada corporation will be generating revenue from our City infrastructures.
Fred Armendariz, President and CEO of CCN-USA: discussed the Public Safety and Community Communications Video System's features and its application in the City of Mission Viejo.

Motion made by Mayor Reavis, seconded by Council Member Kelley, to approve the Exclusive Right of Negotiation between CCN-USA and the City of Mission Viejo (A07-19) to confirm the City’s initial interest in exploring the possible installation of a CCN community communication system and to set forth CCN’s basic proposed terms for a future negotiation of an agreement.

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

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS (Continued)

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

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

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

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

STAFF REPORTS

City Manager’s Report

Informed the City Council that he will be on vacation next week.

City Attorney’s Report

Announced that he will draft some recommended revisions to the Council Meeting conduct protocols for consideration at the next City Council Meeting.

23. 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.

COUNCIL MEMBER COMMENTS (Continued)

Council Member Kelley
Discussed the City Council's recent leadership conference and stated that she felt it was productive and worth the time invested. Announced that the Orange County Sheriff's Department Medal of Valor luncheon was a wonderful event and she congratulated those six deputies who were recognized with "lifesaving medals" and the five medal recipients who are residents of Mission Viejo. Thanked Lieutenant Steve Bernardi for the super job he does in the City and attributed the low crime rates and reduced traffic collision numbers to his leadership.

Discussed her attendance, with Mayor Reavis, at the Coco's restaurant groundbreaking ceremony and announced that the restaurant will reopen soon

Displayed the Community of Character poster for the month of April and announced that the word of the month is service. She also invited those interested in joining the Community of Character program to contact her for more information.

Council Member MacLean
25. Resolution of the City of Mission Viejo Opposing Assembly Bill AB 1457 (0480-70) Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, to adopt Resolution 07-23 Opposing AB 1457 and send a letter to Assemblyman Huffman notifying him of the City Council’s action and copying local elected officials.

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

26. Resolution of the City of Mission Viejo Supporting the Completion of the
Foothill/South Toll Road (0150-85) (0480-70)
Motion made by Council Member MacLean, seconded by Mayor Reavis, to adopt Resolution 07-24 Supporting the Completion of the Foothill/South Toll Road.

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

Council Member MacLean thanked his colleagues for supporting his agenda items and outlined a letter the City Council received from Sheriff Mike Carona reporting the success of the first six weeks of the immigration cross-designation program.

Council Member Ury

Mayor Pro Tempore Ledesma
27. Mission Viejo/San Juan Capistrano Traffic Ad Hoc Committee (0410-45)
Mayor Pro Tempore Ledesma discussed his proposal to reinstate an ad hoc committee to try and reach a consensus with the City of San Juan Capistrano for mitigation of traffic impact from the proposed communities to the east Motion made by Mayor Pro Tempore Ledesma, seconded by Mayor Reavis, to reinstate the Mission Viejo/San Juan Capistrano traffic ad hoc committee.

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

Mayor Reavis appointed Council Member Ury and Council Member Ledesma to the Mission Viejo/San Juan Capistrano traffic ad hoc committee.
Mayor Pro Tempore Ledesma reiterated prior comments about the Medal of Valor luncheon and stated that the award recipients say a lot about our community.

Mayor Reavis
Announced that she will be talking to the Sheriff's Department to find out how we can nominate a citizen for a Medal of Valor award and discussed a local hero who recently saved a man’s life after an automobile accident and subsequent fire. Reminded residents that the City will host Bunny Days on Saturday, April 7, 2007, from 11:00 a.m. to 2:00 p.m. at Oso Viejo Park. Announced that she was honored to be invited to a performance of “Good Times” at the Mission Viejo Church of Latter Day Saints. The cast was made up of local residents, 75 of whom were children, and they did a wonderful job. Reminded residents that this year’s Walk Against Drugs will be held on October 20, 2007, and that she still collecting letters from the City’s students to invite Mission Viejo’s hometown Astronaut, Captain Michael Lopez-Allegria.

ADJOURNMENT

At the hour of 8:37 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting in memory of Bill Zaun, to April 16, 2007, at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the meeting of April 16, 2007