Minutes_2007_10_01

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

October 1, 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 pm, on October 1, 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 September 26, 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

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, Asst. City Manager/Director of Admin. Services
William P. Curley III, City Attorney
Karen Hamman, City Clerk

CLOSED SESSION

CS1. 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; and William Curley, III, Esq., City Attorney.

CS2. Labor Negotiations -- The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957.6. The Parties to the Negotiations Are the City and City’s Unrepresented Employees. The City’s Negotiator is Dennis Wilberg

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Reavis declared a recess to Closed Session at 5:03 p.m. The City Council reconvened at 6:07 p.m., with all five City Council Members present.

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that the Council provided direction to staff and that there was no reportable action from Closed Session.

PRESENTATIONS

P3. Proclaim October 7 through October 13, 2007 to be Fire Prevention Week
Mayor Reavis presented the Proclamation to Orange County Fire Authority Battalion Chief Scott Brown.

P4. Certificate of Appreciation to Joe Moscatiello of Peppino’s Italian Family Restaurant for his Sponsorship of the 2007 Mission Viejo Library’s Youth Summer Reading Program.
Mayor Reavis and Director of Library Services Valerie Maginnis thanked Joe Moscatiello, owner of Peppino’s Italian Family Restaurant, for sponsoring the Library’s 2007 Youth Summer Reading Program.

PUBLIC COMMENTS

Gabe Montoya, M.V.: announced that he and his neighbors plan to appeal the Planning and Transportation Commission’s decision to install a cell phone tower on Moulton Niguel property near their homes.

Rebecca Skales, M.V.: stated that the view from her home has been ruined by the Southern California Edison power lines.

Cathy Schlicht, M.V.: expressed dissatisfaction with the number of police officers present at the last City Council meeting.

CONSENT CALENDAR

Items 11 and 16 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:
Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
NOES:
None
ABSENT:
None

5. 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.

6. City Council Minutes
Approved the Open Session Minutes for the Meeting of September 17, 2007, as presented.

7. Summary of Fiscal Year 2007 - 2008 Budget Amendments to Date
Received and filed.

8. Mission Viejo Community Development Agency (CDA) FY 2007-08 Budget Amendment
Adopted CDA Resolution 07-09 Amending the Fiscal Year 2007-08 Budget to Reflect the Carryover of Certain Encumbered Items From Fiscal Year 2006-2007.

9. Check Register dated September 7, 2007, in the amount of $588,876.82
Ratified the accompanying check register.

10. Check Register dated September 14, 2007, in the amount of $1,267,142.72
Ratified the accompanying check register.

12. Replacement of Damaged Fiber and Copper Cabling at Marguerite and Crown Valley Parkway.
Ratified Emergency Purchase Order No. 080180 issued by the City Manager to Pacificom in the amount of $24,496.08 for the replacement of damaged fiber and copper cabling on Marguerite and Crown Valley Parkway

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

14. Crown Valley Parkway Widening (CIP 752)-Landscape Enhancements
Adopted CDA Resolution 07-10 Amending the Fiscal Year 2007-2008 Budget for Costs Related to Crown Valley Widening Improvements.

15. FY 2006-07 & FY 2007-08 Budget Amendments and Carryovers
(1) Adopted Resolution 07-55 Amending the Fiscal Year 2006-2007 Budget for Year-end Adjustments in Certain Accounts; and (2) adopted Resolution 07-56 Amending the Fiscal Year 2007-2008 Budget to Reflect Final Carryovers From Fiscal Year 2006-2007 and Certain Other Adjustments.

OLD BUSINESS

17. First Amendment to Agreement for Consulting Services between City of Mission Viejo and ATS Communications
City Attorney Bill Curley presented the staff report.

Cathy Schlicht, M.V.: stated that Council’s action at the last City Council meeting made the work of the Planning Commission irrelevant.

Motion made by Council Member Kelley, seconded by Council Member Ury, to approve the First Amendment to Agreement for Consultant Services with ATS Communications (A06-04A).

Mayor Pro Tempore Ledesma announced for the record that he would be voting no because he does not favor expanding ATS’s role in acquisition of the cell sites.

Mayor Reavis announced for the record that she would be voting no because she would prefer that the Council cancel its contract with ATS.

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

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

11. Management and Budget Policies
Motion made by Council Member Kelley, seconded by Mayor Pro Tempore Ledesma, to (1) amend the second sentence of proposed section 2A of the Policy to read: Total discretionary reserves will be maintained at a minimum level of 40% of General Fund group revenues with a guideline of maintaining a target level of 50% of General Fund group revenues. When the target level of 50% is exceeded, staff shall provide the Council with options regarding either the retention or expenditure of the excess amount; and (2) adopt Resolution 07-54 Establishing Revised Management and Budget Policies and Amending the City Council Policy Manual to Include Said Revisions.

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

16. Norman P. Murray Community and Senior Center Expansion (CIP 994)
Motion made by Council Member Kelley, seconded by Council Member MacLean, to (1) approve Change Order #11 to Douglas E. Barnhart, Inc. in the amount of $355,286 for additional construction costs for subject project; (2) approve Change Order #2 to Friess Construction in the amount of $27,364 for additional construction management costs for subject project; (3) approve Change Order #6 to Robert R. Coffee Architect and Associates in the amount of $38,150 for additional design costs for subject project; and (4) adopt Resolution No. 07-57 Amending the Fiscal Year 2007-08 Budget to Increase Estimated Appropriations for the Norman P. Murray Community & Senior Center Expansion Capital Improvements Project (CIP 994).

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

PUBLIC HEARINGS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

18. Orange County Fire Authority (OCFA) Report
Received the report from Council Member Kelley.

19. Foothill/Eastern Transportation Corridor Agency Report
Received the report from Council Member MacLean.

20. San Joaquin Hills Transportation Corridor Agency Report
Mayor Pro Tempore Ledesma announced that there has not been a recent meeting of the San Joaquin Hills TCA.

21. Vector Control Board Report
Received the report from Mayor Reavis.

STAFF REPORTS

City Manager’s Report
City Attorney’s Report

COUNCIL MEMBER COMMENTS

22. AB1234 - Council Member Reports of Events and Activities Attended
The City Council Members acknowledged the accuracy of their event and activities calendars as presented in the staff report. Mayor Pro Tempore Ledesma, Council Member MacLean, and Council Member Ury announced that they have changes to their calendars which they will submit to the City Clerk for the public record.

Council Member Kelley

Asked Mayor Reavis to adjourn the meeting in memory of Jim Hale, a former Orange County Fire Authority employee. Reminded the public that the Kiwanis will host its "Taste of Saddleback Valley" event on October 7, 2007, from 2:00 to 5:00 p.m. at the Plaza del Lago and she also encouraged residents to visit the newly remodeled Coco’s restaurant on Crown Valley Parkway. Announced that the Community of Character word for the month of October is respect.

Council Member MacLean

Council Member Ury

Provided a report on his attendance at a GMA 9 Planning Area meeting and outlined the main topics of discussion which were relevant to Portola Parkway and Alton Parkway.

Mayor Pro Tempore Ledesma

Mayor Reavis

Reminded residents to set their calendars and be ready to join the walk Against Drugs at 7:30 a.m. on Saturday, October 20, 2007. Hometown hero and astronaut Michael Lopez-Alegria will be leading the walk. Noted that she neglected to remove Agenda item 15 from the Consent Calendar and clarified that the $900,000 earmarked for possible improvements at the YMCA are dependent upon a new agreement with the YMCA. Invited members of the public to apply for a position on OCTA’s Renewed Measure M Mitigation Resource Protection Oversight Committee.

ADJOURNMENT

At the hour of 7:38 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting in memory of Jim Hale to October 15, 2007, at 5:00 p.m.
Karen Hamman, City Clerk

Approved at the meeting of October 15, 2007