MISSION VIEJO MINUTES
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation,
and Library Board of Trustees*
May 21, 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 City Clerk Karen Hamman at 5:00 p.m., on May 21, 2007, at 200 Civic Center, Mission Viejo, California. The meeting was adjourned at 5:01 p.m. due to a lack of quorum.

CALL TO ORDER—CITY COUNCIL, COMMUNITY DEVELOPMENT
AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY,
PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF
TRUSTEES

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 Pro Tempore Ledesma at 6:01 p.m., on May 21, 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 May 16, 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."

Present: Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma

Absent: Council Member Kelley
Mayor Reavis

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: Council Member Ury

Invocation: Mayor Pro Tempore Ledesma

PRESENTATIONS

P1. Proclaim May 2007 to Be Water Awareness Month in Mission Viejo
Mayor Pro Tempore Ledesma presented proclamations to Scott Goldman, Vice President of El Toro Water District, Richard Fiore, Vice President of Moulton Niguel Water District, and Roger Faubel, Treasurer of Santa Margarita Water District.

P2. Presentation of the Community of Character Award
Mayor Pro Tempore Ledesma and Tammy Descoteaux, Chairperson of the Community of Character Committee, presented the award to Dr. T. Shaver, Mission Trauma Center, and volunteer members of the Safe Rides Program.

PUBLIC COMMENTS

Larry Gilbert, M.V.: asked the City Council to reverse its recent vote to disallow the public to remove items from the Consent Calendar for discussion.

Ron Denecour, M.V.: expressed dissatisfaction with the Council’s vote on May 7, 2007, regarding an appeal of the Planning Commission’s Decision on Architectural Review AR2006- 92 and asked the City Council to reconsider.
Cathy Schlicht, M.V.: expressed concern that the City has entered into a contract with ATS Communications for a cellular master plan yet the State of California has the company in a suspended status and she can find no evidence that they are registered as a California Corporation with the Secretary of State.

Sandra Sweet, M.V.: commended the City Council for participating in the Basic Pilot Program and asked the Council to go one step further and take immigration ordinances to the voters. Asked the Sheriff’s Department to increase police presence at Los Alisos and Jeronimo to show the City’s will to enforce the ordinance.

Barbara Anderson, M.V.: questioned whether the City needs more cell towers and antennas and why the City Council needs to move forward with a Cellular Telecommunications Master Plan.

CONSENT CALENDAR

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

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 May 7, 2007, as presented.

3. Number not used.

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

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

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

7. Quarterly Financial Report for the City of Mission Viejo—Third Quarter of Fiscal Year 2006-2007
Received and filed the report.

8. Quarterly Financial Report for the Community Development Agency—Third Quarter of Fiscal Year 2006-2007
Received and filed the report.

9. Check Register Dated April 27, 2007, in the Amount of $1,821,894.36 (0300-30)
Ratified the accompanying check register.

10. Check Register Dated May 4, 2007, in the Amount of $358,839.42 (0400-10)

11. City Attorney and Assistant City Attorney Legal Services (0400-10)
Approved a rate increase from $145 per hour to $150 per hour for the City Attorney and the Assistant City Attorney, effective May 1, 2007.

12. Playground, Parkland, and Facilities Safety Inspection Services (0400-10)
(1) Awarded contract for the subject services to Jamey Clark, Inc. (A07-27) for the period of July 1, 2007 through June 30, 2009, in the amount of $240,000.00; and (2) authorized issuance of a purchase order to Jamey Clark, Inc. for the period of July 1, 2007, through June 30, 2008, in an amount not to exceed $120,000.00 pending approval of the 2007-2009 budget by City Council.

13. Annual Maintenance Program for the Removal and Replacement of Concrete Sidewalks, Curb & Gutter, Driveway Approaches, and Cross-Gutters (0400-10) (1) Awarded a contract for the subject services to S. Parker Engineering, Inc., (A07-28) for the period of July 1, 2007 through June 30, 2009, in the amount of $740,000.00; and (2) authorized issuance of a purchase order to S. Parker Engineering, Inc. for the period of July
1, 2007, through June 30, 2008, in an amount not to exceed $370,000.00 pending approval of the 2007-2009 budget by City Council.

14. Annual Technical Irrigation Services (0400-10)
(1) Awarded a contract for the subject services to A.C. Landscape, Inc., (A07-29) for the period of July 1, 2007, through June 30, 2009, in the amount of $590,000.00; (2) authorized issuance of a purchase order to A.C. Landscape, Inc. for the period of July 1, 2007, through June 30, 2008, in an amount not to exceed $295,000.00 pending approval of the 2007-2009 budget by City Council.

15. Annual Maintenance Program for the Removal and Replacement of Asphalt
Pavement and Related Services (0400-10) (1) Awarded a contract for the subject services to Hardy & Harper, Inc., (A07-30) for the period of July 1, 2007, through June 30, 2009, in the amount of $776,913.60; (2) authorized issuance of a purchase order to Hardy & Harper, Inc., for the period of July 1, 2007, through June 30, 2008, in an amount not to exceed $467,493.60, pending adoption of the 2007-2009 budget by City Council; (3) awarded the secondary contract for the subject program to Ben’s Asphalt & Seal Coating (A07-31) for the period of July 1, 2007, through June 30, 2009, in the amount of $517,942.40, and (4) authorized issuance of a purchase order to Ben’s Asphalt & Seal Coating for the period of July 1, 2007, through June 30, 2008, in an amount not to exceed $311,662.40 pending approval of the 2007-2009 budget by City Council.

16. Annual Park and Facility Hardscape Construction Improvements (0400-10)
(1) Awarded a contract for the subject services to S. Parker Engineering, Inc., (A07-32) for the period of July 1, 2007, through June 30, 2009, in the amount of $310,000.00; and (2) authorized issuance of a purchase order to S. Parker Engineering, Inc., for the period of July 1, 2007, through June 30, 2008, in an amount not to exceed $150,000.00 pending approval of the 2007-2009 budget by City Council.

17. Playground, Parkland, and Facility Infrastructure Maintenance and Repair (0400-10) (1) Awarded a contract for the subject services to Jamey Clark, Inc., (A07-33) for the period of July 1, 2007, through June 30, 2009, in the amount of $918,350.00; and (2) authorized issuance of a purchase order to Jamey Clark, Inc., for the period of July 1, 2007, through June 30, 2008, in an amount not to exceed $471,450.00 pending approval of the 2007-2009 budget by City Council.

18. Sergeant Matt Davis Park (CIP 962/306) (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 field with or by the City; (4) authorized the payment of the final retention of $110,238.70 35 days after the date of recordation of the Notice of Completion.

19. Annual Routine Police Motorcycle Maintenance (0400-10)
Approved the Second Amendment with Huntington Beach Honda Motorcycles to increase the contract in an amount not to exceed $7,000.

20. Extension of Time to City’s Energy Efficient Fee Waiver Pilot Program
Approved Extension of Time to City’s Energy Efficient Fee Waiver Pilot Program from July 1, 2007, to July 1, 2008.

21. Maintenance of Traffic Signals and Appurtenances (0400-10)
Approved Change Order 1 to Purchase Order 070069 in the amount of $186,354.49 to Econolite Traffic Engineering and maintenance, Inc., dba TEAM Econolite.

22. Building Plan Check/Inspection Services and Public Works Support Services (0400-10)
Approved the agreement with Charles Abbott Associates, Inc., (A07-34) for Building Plan Check and Inspection Services and for Public Works Support Services for the period from July 1, 2007, to June 30, 2009.

23. Park, Right-of-Way, and Facility Electrical/Lighting Maintenance, Repair and Replacement (0400-10) (1) Awarded a contract for the subject services to Republic Intelligent Transportation Services, Inc., (A07-35) for the period of July 1, 2007, through June 30, 2009 in the amount of $929,690.00; and (2) authorized issuance of a purchase order to Republic Intelligent Transportation Services, Inc. for the period of July 1, 2007, through June 30, 2008, in an amount not to exceed $498,690.00 pending adoption of the 2007-2009 budget by City Council.

24. Branding, Imaging, and Marketing Analysis for the City of Mission Viejo (0400-10) Awarded a contract to brandStrata (A07-36) in an amount not to exceed $52,125.00. 25. California Joint Powers Insurance Authority membership for the City of Los Alamitos Approved the membership application of the City of Los Alamitos to join the California Joint Powers Insurance Authority.

26. Cisco Equipment Maintenance Renewal
Authorized staff to issue a purchase order to CompuCom in the amount of $21,716 for one year (2007-2008) of hardware support.

27. Professional Services Agreement to Design and Conduct a Survey of Local Businesses (0400-10) Approved Professional Services Agreement with True North Research (A07-37) in an amount not to exceed $19,481, and directed staff to review the proposed survey instrument with the City Council Ad Hoc Economic Development Subcommittee.

28. Extension of Staff Resource Agreement Between OCCOG and the City of Mission Viejo (0400-10) Approved the Extension of the Staff Resource Agreement between OCCOG and the City of Mission Viejo regarding the City of Mission Viejo serving as OCCOG Interim Executive Director and providing accounting and financial support, Clerk of the Board support, and legal and administrative support to OCCOG through June 30, 2008.

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

29. Orange County Fire Authority (OCFA) Report (0410-40)
Continued to the next City Council Meeting.

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

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

STAFF REPORTS

City Manager’s Report
City Attorney’s Report

Council Member MacLean

Discussed his attendance at this year’s Fun with Chalk event and thanked Dr. Frank Lieberman and the volunteers for their commitment and their hard work.

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. Council Member Kelley submitted a change to her calendar prior to the meeting and Mayor Pro Tempore Ledesma and Council Member Ury indicated that they will also provide the City Clerk with an update to their calendar for the public record.

CLOSED SESSION

CS1. Conference with City Attorney Concerning One Matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Jose Guadalupe Gomez Mejia; Orange County Community Housing Corporation; Public Law Center v. City of Mission Viejo; Case Status Update and Review of Settlement Options

RECESS TO CLOSED SESSION

At 6:48 p.m., Mayor Pro Tempore Ledesma recessed the meeting to Closed Session. The City Council reconvened at 6:51 p.m., with Council Member MacLean, Council Member Ury, and Mayor Pro Tempore Ledesma present (Mayor Reavis and Council Member Kelley were absent from the meeting.)

REPORT OF CLOSED SESSION

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

ADJOURNMENT TO JUNE 4, 2007, AT 5:00 P.M.

At the hour of 6:52 p.m., there being no further business to come before the City Council at this session, Mayor Pro Tempore Ledesma adjourned the meeting in memory of Dr. Edgar Folkers to Monday, June 4, 2007, at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the City Council Meeting of June 4, 2007