MISSION VIEJO MINUTES
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation,
and Library Board of Trustees*
June 4, 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 June 4, 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 1, 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
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

RECESS TO CLOSED SESSION AND RECONVENE

At 5:01 p.m., Mayor Reavis declared a recess to Closed Session. The City Council reconvened at 6:05 p.m. with all five City Council Members present.

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.

CS2. Pursuant to Government Code Section 54956.9(a) Pending Litigation (litigation to which local agency is a party and has been initiated formally) and Section 54956.8 (Conference with Real Property Negotiator). Litigation: Confer with City Attorney and Special Counsel regarding pending litigation, Mejia v. City of Mission Viejo, et al, pending in Orange County Superior Court (OCSC), Case No. 06CC05478 filed April 26, 2006. Property: An approximate 10.5-acre parcel of real property identified as Assessor Parcel No. 809-541-11, Parcel Map No. 81-159 generally situated easterly of the intersection of Jeronimo Road and Los Alisos Boulevard in the City of Mission Viejo co-owned by The Steadfast Companies (with Target Corporation). CDA Negotiator’s: Dennis Wilberg, City Manager/CDA Executive Director; Charles Wilson, Director of Community Development; James Williams, Economic Advisor; Celeste Brady, CDA Counsel; and William Curley, III, Esq., City Attorney. Negotiating Parties: CDA Negotiators on behalf of Community Development Agency of the City of Mission Viejo; and Ralph Deppisch, The Steadfast Companies. Under Negotiation: Potential acquisition and/or disposition of real property interests for long-term affordable ownership housing and the price and terms of payment therefore related to the above-listed Property. Factors Affecting Price and Terms under Negotiation: (1) Recorded covenants, (2) Scope of development of Property, and (3) Affordable housing requirements. Factors affecting time of payment: (1) Conditions to closing, (2) Due diligence period, and (3) Schedule of Development and Development of Affordable Housing.

CS3. Conference with Legal Counsel—Anticipated Litigation. Potential Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. Two Cases Under Consideration.

CS4. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6.

CS5. Conference with the City’s Real Property Negotiator (City Manager/Executive Director Dennis Wilberg and City Attorney William Curley) Pursuant to Government Code Section 54956.8 Concerning Real Property Generally Located Adjacent to and Easterly of the City’s Marguerite Tennis Center and Marguerite Aquatics Center, Easterly of the Saddleback Valley YMCA, and Southerly of Casta Del Sol Road (Assessors Parcel Number 808-720-07, a portion of Lot 12, Tract No. 10397) in the City of Mission Viejo. The Negotiating Parties Are the City of Mission Viejo and B’nai B’rith International, South Orange County Chapter (Its President and Senior Housing Committee Representatives). Under Negotiation Will Be the Price and Terms of Payment for the Property Interest to Be Acquired. Final action, if any, on this matter will be taken in public session at a future Council Meeting following Public Comments.

REPORT OF CLOSED SESSION

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

PRESENTATIONS

Mayor Reavis announced that the City's first Mayor, Norman P. Murray, recently passed away and a short video tribute was shown in his honor.

P1. Presentation of the Community of Character Award Mayor Reavis and Tammy Descoteaux, Chairperson of the Community of Character program, presented the Community of Character Award to Shane and Tony Cassidy of the Young Marines Program.

P2. Recognize Erin Walsh of Trabuco Hills High School for her Artistic Talent and Recent Accomplishments Mayor Reavis, Dan Sullivan, Principal of Trabuco Hills High School and Barbara Gard, Art Teacher at Trabuco Hills High School presented the proclamation to Erin Walsh.

P3. Recognize Ryan Kraus of Trabuco Hills High School, Recipient of the Disneyland Resort Scholarship Mayor Reavis, Dan Sullivan, Principal of Trabuco Hills High School and Greg Georgantas, Community Relations Representative for Disney, presented the proclamation to Ryan Krause.

P4. Recognize the Mission Viejo High School Drumline for Placing "Gold" at the Winter Guard International Finals in Dayton, Ohio Mayor Reavis, Drumline Manager Marian Collins, and Assistant Drumline Manager Richard Saunders presented Certificates of Commendation to the Mission Viejo High School Drumline members.

RECESS

At 6:40 p.m., Mayor Reavis announced a recess. At 6:46 p.m., the City Council reconvened with all five City Council Members present.

PUBLIC COMMENTS

Margo Kutner and Hilda Baitoo, M.V.: thanked the City Council for their support of the Cultural Arts Committee and creative programs in the City of Mission Viejo.

The following spoke in support of Senate Bill 840 and urged the City Council to join other California cities in endorsing SB840, the California Universal Healthcare Act: Jan Meslin, M.V.; Vern Nelson, Huntington Beach; Joe Tundall, Costa Mesa; and Shirley McGovern, Laguna Woods.

CONSENT CALENDAR

Items 2 and 22 were removed from the Consent Calendar for separate discussion. City Manager Dennis Wilberg requested that item 15 be continued for two weeks.

Motion made by Council Member Ury, 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.

3. Number not used.

4. Check Register Dated May 11, 2007, in the Amount of $695,299.98 (0300-30)
Ratified the accompanying check register.

5. Check Register Dated May 18, 2007, in the Amount of $2,486,018.28 (0300-30)
Ratified the accompanying check register.

6. Sierra Recreation Center (CIP 984) (0400-10)
Approved the Third Amendment with Nieves Landscape, Inc., in an amount not to exceed $30,000.

7. Annual Routine Landscape Rodent Pest Control—Contract Area 1 (0400-10)
(1) Awarded contract for the subject service to Animal Pest Management Services, Inc for the period of July 1, 2007, to June 30, 2009, in an amount of $86,846.00 (A07-39); and (2) authorized issuance of a purchase order to Animal Pest Management Services, Inc for the period of July 1, 2007, to June 30, 2008, in an amount not to exceed $43,423.00 pending adoption of the 2007-2009 budget by the City Council.

8. Annual Routine Landscape Rodent Pest Control—Contract Area 2 (0400-10)
(1) Awarded contract for the subject services to RPW Services, Inc., for the period of July 1, 2007, to June 30, 2009, in an amount not to exceed $46,480.00 (A07-40); and (2) authorized issuance of a purchase order to RPW Services, Inc., for the period of July 1, 2007 to June 30, 2008, in an amount not to exceed $23,400.00 pending adopting of the 2007-2009 budget by City Council.

10. Graffiti Removal, Steam Cleaning, Painting, and Sealing Services (0400-10)
(1) Awarded the contract for graffiti removal, cleaning, painting, and sealing services to Bonanza Steam Cleaning, Inc for the period of July 1, 2007 to June 30, 2009, in an amount not to exceed $ 108,000.00 (A07-43); and (2) authorized issuance of a purchase order to Bonanza Steam Cleaning, Inc for the period of July 1, 2007 through June 30, 2008 in an amount not to exceed $54,000.00, pending adoption of the 2007-09 Budget by the City Council.

9. Landscape and Irrigation Supplies (0400-10)
(1) Awarded the primary contract for landscape and irrigation supplies to John Deere Landscape, Inc, for the period of July 1, 2007 through June 30, 2009 in the amount of $492,000.00 (A07-41); (2) authorized issuance of a purchase order to John Deere Landscape, Inc for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $ 246,000.00 pending adoption of the 2007-2009 budget by City Council; (3) awarded the secondary contract for the subject program to Hydro-Scape Products, Inc for the period of July 1, 2007 through June 30, 2009 in the amount of $328,000.00 (A07-42) and (4) authorized issuance of a purchase order to Hydro-scape Products, Inc for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $164,000.00 pending adoption of the 2007-2009 Budget by the City Council.

11. Replacement of Park Security Lighting (CIP 300) (0400-10)
(1) Awarded contract to Green Giant Landscape, Inc. for Park & Security Lighting in an amount not to exceed $434,474.00 (A07-44); and (2) adopted Resolution 07-30 Amending the Fiscal Year 2005-2007 CIP Budget for Park and Security Lighting Replacement.

12. Annual Routine Fleet Vehicle Maintenance Services (0400-10)
(1) Awarded a contract to Mission Viejo Services Center, Inc. for Annual Routine Fleet Vehicle Services for the period of July 1, 2007 to June 30, 2009 in an amount not to exceed $106,200 (A07-45); and (2) authorized the issuance of a purchase order to Mission Viejo Services Center, Inc. for the period July 1, 2007 to June 30, 2008, in amount not to exceed $53,100 pending adoption of the Fiscal Year 2007-2009 budget by the City Council.

13. Annual Road and Flood Control Maintenance Contract (0400-10)
(1) Approved County Agreement D07-045 with the County of Orange for the period July 1, 2007, through June 30, 2009, in the amount of $2,389,064.00 (A07-46); and (2) authorized issuance of a purchase order to the County of Orange for the period of July 1, 2007 through June 30, 2008 in an amount not to exceed $1,194,532.00.

14. Agreement for Professional Services for Housing Rehabilitation Program—Housing Rehabilitation Consulting Services (0400-10)
Approved Agreement with Housing Rehabilitation Consulting Services from July 1, 2007 to June 30, 2009, in an amount not to exceed $120,000 for technical assistance (A07-47).

15. Contract to Provide Youth Programs (0400-10)
Continued to the City Council Meeting of June 18, 2007.

16. First Amendment to Agreement for Professional Services with GSL Associates (FY 2006-2007: 2007 Orange County Projections, 2007 Southern California Association of Governments (SCAG) Integrated Growth Forecast, and 2007 Regional Housing Needs Assessment (RHNA) Allocations) (0400-10)
Approved First Amendment to Agreement for Professional Services with GSL Associates in the amount of $15,000.

17. Maintenance of Traffic Signals and Appurtenance, Interconnect, Flashing Beacons, Illuminated Street Name Signs, Safety Lights, and CCTV Cameras (0400-10)
(1) Awarded the contract for the subject services to Republic ITS, for the period from July 1, 2007, to June 30, 2009, in the amount of $850,000 (A07-48); and (2) authorized issuance of a purchase order to Republic ITS, for the period from July 1, 2007, to June 30, 2008, in an amount not to exceed $425,000 pending approval of the 2007-2009 budget by the City Council.

18. Fiscal Year 2006 Homeland Security and Urban Area Security Initiative Grant Programs (0400-10)
(1) Authorized the City Manager to execute a contract with the County of Orange entitled, "Agreement to Transfer Property or Funds for the FY 2006 Homeland Security Grant Program Purposes" (A07-49); (2) authorized the City Manager to execute a contract with the City of Anaheim (A07-50) entitled, "Agreement to Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs For FY 06 Urban Area Security Initiative (UASI); and (3) adopted Resolution 07-31 Authorizing Certain Positions to Act as Agents to Execute Documents for Financial Assistance Provided By the Federal Department of Homeland Security and Sub-Granted Through the State of California.

19. Annual Routine Janitorial and Related Services at Various Park Sites and Facilities (0400-10)
(1) Approved the contract extension for the Annual Routine Janitorial and Related Services at Various Park Sites and Facilities contract to Vocational Visions for the period of July 1, 2007 to June 30, 2009, in an amount not to exceed $227,218.76, with one (1) two-year optional renewal for a total contract term of 4 years (A07-51); and (2) authorized staff to issue a purchase order to Vocational Visions for the period of July 1, 2007 through June 30, 2008 in an amount not to exceed $113,609.38.

20. Crown Valley Parkway Widening (CIP 752) (0400-10)
Approved Change Order 1 to Purchase Order 060243 to RBF Consulting, Inc., in the amount of $24,850 for additional services.

21. Residential Resurfacing Project (CIP 838) (0820-50)
Approved the bid specifications and authorized staff to advertise for construction bids for the subject project.

ITEMS REMOVED FROM THE CONSENT CALENDAR

2. City Council Minutes (0410-60) Approve the Open Session Minutes for the Regular Meeting of May 21, 2007, as presented or as amended.
Mayor Pro Tempore Ledesma noted that Council Member Ury conducted the Pledge of Allegiance at the May 21, 2007, meeting and there is an error in the Minutes.
By consensus, the City Council approved the Minutes as amended. Amendment will show that the Pledge of Allegiance was conducted by Council
Member Ury.

22. Memorandum of Understanding (MOU) for the Oso Parkway/Pacific Park
Drive Signal Synchronization Demonstration Project (0400-10) Council Member MacLean expressed his support for the Signal Synchronization project and discussed the City's intent to alleviate traffic problems on Oso Parkway.
Motion made by Council Member MacLean, seconded by Mayor Reavis, to approve the MOU for the Oso Parkway/Pacific Park Drive Signal Synchronization Demonstration Project with the Orange County Transportation Authority (A07-52), the cities of Aliso Viejo, Laguna Niguel, Laguna Hills, and Mission Viejo, County of Orange, and the State of California Department of Transportation.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma MacLean, Reavis and Ury
NOES: None
ABSENT: None

PUBLIC HEARINGS

OLD BUSINESS

23. Update of Dog Park Review (0730-90)
Director of Public Services Keith Rattay presented the staff report.
Cathy Angstadt, member of the dog park review committee, M.V.: requested that the City Council appropriate funds for a dog park in the upcoming budget.
Donna Viscuir, M.V.: expressed her support for a dog park at Oso Viejo Park.
By consensus, the City Council directed staff to be prepared with facts and figures for the proposed dog park at the upcoming budget workshop.

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

24. Ad Hoc Senior Transportation Committee Update (0410-40)
Council Member Kelley announced that she would like to withdraw the recommendation to approve ACCESS registered clients for the City's Taxi service.
Motion made by Council Member MacLean, seconded by Mayor Pro Tempore
Ledesma, to (1) extend hours of service to 24 hours a day, seven days a week, (2) lower the age eligibility to 80 years of age, (3) permit travel to medical facilities within City borders for standard routine medical appointments, and (4) authorize the City Manger to approve future administrative changes to the Program.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma MacLean, Reavis and Ury
NOES: None
ABSENT: None

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

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

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

STAFF REPORTS

City Manager’s Report

28. 2007-2009 Proposed Budget for the City of Mission Viejo (0330-30)
City Manager Wilberg provided an outline of the proposed 2007-2009 budget. By consensus, the City Council received the 2007-2009 Proposed Budget and confirmed June 19, 2007, at 6:00 p.m., as the date and time for the Budget Workshop.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

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

Council Member Kelley

30. Mission Viejo Triathlon
Council Member Kelley discussed the potential of a Mission Viejo/Lake Forest
Triathlon for June 2008. The following requested the City Council’s support for a Triathlon and answered questions of the City Council: Bill Leach, Irvine; Bob Cuyler, Newport Beach; and Dennis Pursley, General Manager of the Nadadores, M.V.
Motion made by Council Member Kelley, seconded by Mayor Pro Tempore Ledesma, to direct staff to work with the planning group for additional information (pending Lake Mission Viejo’s approval) and direct staff to address concerns they might have regarding impact on the community.
On roll call, said motion carried by the following vote:
AYES: Kelley, Ledesma MacLean, Reavis and Ury
NOES: None
ABSENT: None

Council Member Kelley Discussed her attendance at the International Convention of Shopping Centers (ICSC) in Las Vegas as a movement to move forward and become more proactive in Economic Development for our City. Her attendance was primarily to gather information to see if the City of Mission Viejo might use it as a tool in the future and while she doesn’t recommend that the City host a booth next year, she would recommend sending staff or City Council Members with a set of specific objectives. Complimented staff on and exceptional Memorial Day service and thanked everyone who attended. She also thanked staff for job well done with the City’s 2nd annual Environmental Fair. Reminded residents that the Relay for Life will be held on Saturday, June 23, 2007 and encouraged those interested in receiving more information to contact her or visit www.mvrelay.org on-line.
Announced that the Community of Character word for the month of June is
citizenship.

Council Member MacLean
Council Member Ury

Mayor Pro Tempore Ledesma
Stated that Norman Murray will be very much missed.

Mayor Reavis
Reminded residents of the upcoming program "Is Your Teen at Risk" at Capistrano Valley High School on Monday, June 11, 2007, at 6:00 p.m. Announced that the Cultural Arts Committee’s next event will be George Gershwin Melodies on Sunday June 10, 2007, at 7:00 p.m. in the City Council Chamber, followed by the Target Symphony in the Cities concert at the Potocki Center on July 28, 2007. Also, the Library has several summer reading programs and more information is available at (949) 830-7100, extension 4010. Announced that the Santa Margarita Water District will host a Family Fun Day at Upper Oso Reservoir on Saturday, September 15, 2007. Reminded residents that the Relay for Life and the annual DAWG Walk will be held the same day this year and invited everyone to attend one or both events.

ADJOURNMENT

At the hour of 9:00 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting in memory of Norman P. Murray and William Albert Rash to Monday, June 18, 2007 at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the City Council Meeting of June 18, 2007