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

October 15, 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 pm, on October 15, 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 October 10, 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:
City Manager Wilberg
Assistant City Manager/Director of Administrative Services Bornstein
City Attorney Curley
City Clerk Hamman

PLEDGE OF ALLEGIANCE
Mayor Reavis

INVOCATION
Council Member Kelley

CLOSED SESSION

Conference with Legal Counsel-Initiation of Litigation. Pursuant to Subdivision (c) of Government Code Section 54956.9. One Case Under Consideration.

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Reavis declared a recess to Closed Session at 5:10 p.m. The City Council reconvened in open session at 6:02 p.m. with all five City Council Members present.

REPORT OF CLOSED SESSION

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

PRESENTATIONS

PUBLIC COMMENTS

Cathy Schlicht, M.V.: read excerpts fom a Judge’s ruling against Southern California Edison and expressed concern that there is EMF exposure at Florence Joyner Olympiad Park.

Brian Skalsky, M.V.: invited City Council Members to the Mission Viejo Rotary Club’s fundraiser "Hot Latin Nights" on Saturday, October 27, 2007, at 6:30 p.m. at the Costa Mesa Marriott Suites.

Barbara Dunne, M.V.: expressed opposition to a proposed public park at the Casta del Sol Golf Course and asked the City Council not to re-zone the property.

Mike Slater, M.V.: stated that he is opposed to the proposed conversion of Casta del Sol Golf Course to a public park.

CONSENT CALENDAR

Items 10 and 11 were removed from the Consent Calendar for separate discussion.

Motion made by Mayor Reavis, 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:
Council Member Kelley, Council Member MacLean, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis
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
(1) Approved the Open Session Minutes for the Regular Meeting of October 1, 2007, as presented; and (2) approved the Open Session Minutes for the Special Meeting of October 9, 2007, as presented.

3. Summary of FY 2007-08 Budget Amendments To Date
Received and filed.

4. Check Register dated September 21, 2007, in the amount of $626,339.88
Ratified the accompanying check register.

5. Check Register dated September 28, 2007, in the amount of $2,340,279.46
Ratified the accompanying check register.

6. City Treasurer’s Monthly Report for August 2007
Received and filed.

7. Community Development Agency (CDA) Treasurer’s Monthly Report for August 2007
Received and filed.

8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for August 2007
Received and filed.

9. Amend the Schedule of Fines and Fees for the Mission Viejo Library
Adopted Library Board Resolution 2007-01 Amending the Schedule of Fines and Fees for the Mission Viejo Library to Establish Fees for Public Photocopy Machines.

12. Traffic Engineering Assistant Services
Authorized staff to issue a purchase order in the amount of $55,000 to Charles Abbott Associates, Inc., for the period from July 1, 2007, to December 30, 2007, for a contract Traffic Engineering Assistant.

13. Water Quality Ordinance Implementation Agreement with the County of Orange
Approved the Water Quality Ordinance Implementation Agreement No. D07-092 with the County of Orange (A07-86).

14. Replacement Copiers at City Hall
Approved an agreement with Xerox for the purchase of two Xerox WorkCentre7675 digital color copier/printers in the amount of $62,370.01 (A07-87).

15. California Joint Powers Insurance Authority Membership for the Coastal Animal Services Authority
Approved the membership application of the Coastal Animal Services Authority to join the California Joint Powers Insurance Authority.

16. Sunset Property Services Street Sweeping
Approved Maintenance Contract Amendment No. 1 to Sunset Property Services amending the bonding requirements.

17. Oso Viejo Community Park Playground and Trail Linkage Construction
(1) Awarded a contract to Vito Samarzich, Inc. in an amount not to exceed $248,780 (A07-88); (2) approved Change Order #12 to Douglas E. Barnhart, Inc. in an amount not to exceed $408,547; (3) approved Change Order #1 to RJM Design Group, Inc. in an amount not to exceed $43,756.50; and (4) adopted Resolution 07-58 Amending the Fiscal Year 2007-2008 Budget to Include Funding for the Rehabilitation of the Oso Viejo Community Park.

18. Change to Overtime Policy
Adopted Resolution No. 07-59 Amending the City’s Personnel Policy on Overtime - Non-Exempt Employees.

19. Crown Valley Parkway Widening (CIP 752)
(1) Approved construction contract Change Order 2 to Purchase Order 060252 to All American Asphalt in the amount of $614,299; (2) approved Change Order 2 to Purchase Order 060243 to RBF Consulting in the amount of $98,138 for additional construction support services; (3) approved Change Order 1 to Purchase Order 060241 to Charles Abbott Associates in the amount of $47,500 for additional contract administration services; (4) approved Change Order 1 to Purchase Order 060244 to RBF Consulting in the amount of $30,000 for additional construction staking services; and (5) adopted Resolution 07-60 Amending the Fiscal Year 2007?2008 Budget for Costs Related to Crown Valley Parkway Widening (CIP 752).

ITEMS REMOVED FROM THE CONSENT CALENDAR

10. Mission Viejo Library Donor Recognition Program - Dedication and Re-Naming of the Mission Viejo Library Community Room to "Friends of the Library Community Room"
Director of Library Services Valerie Maginnis presented the staff report.

Motion made by Mayor Reavis, seconded by Mayor Pro Tempore Ledesma, to approve the Dedication and Re-Naming of the Mission Viejo Library Community Room to the "Friends of the Library Community Room".
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

11. Cooperative Agreement with the City of Laguna Niguel-Widening of Crown Valley Parkway from I-5 to Cabot Road (CIP 795)
Director of Public Works Loren Anderson presented the staff report.

Motion made by Mayor Reavis, seconded by Council Member Kelley, to (1) approve the Cooperative Agreement with the City of Laguna Niguel (A07-84) for design services for the widening of Crown Valley Parkway from the I-5 northbound on-ramp to Cabot Road in the amount of $737,050; (2) approve the agreement for professional services with the City of Lagunal Niguel and RBF Consulting (A07-85) for the preparation of plans, specifications and cost estimates; and (3) adopt Community Development Agency Resolution 07-11 Amending the Fiscal Year 2007-2008 Budget for Costs Related to the Widening of Crown Valley at Interstate 5.
On roll call, said motion carried by the following vote:

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

PUBLIC HEARINGS

20. Use of Supplemental Law Enforcement Fund
Public Services Administration Manager Paul Catsimanes presented the staff report.

Mayor Reavis opened the public hearing. After hearing no comments, the Mayor closed the public hearing.

Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member Ury, to (1) approve the Uses for Supplemental Law Enforcement Services Fund; and (2) adopt Resolution 07-61 Amending the FY 2007-2008 Police Services Budget for Expenditures Related to Overtime for Special Enforcement Services in the Supplemental Law Enforcement Services Fund Grant Program.
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

OLD BUSINESS

Item 22 was taken out of order.

22. Request for a "No Stopping and No Parking" Permit Program on Oso Rojo Lane, La Quilla Lane, De La Luna Drive, Consuelo Place, Boleada Drive, Oliva Place, Poco Place, Jacinto Drive, and Mirar Vista Drive

Transportation Manager Shirley Land presented the staff report.

The following spoke in favor of parking/stopping restrictions in the neighborhood or in favor of closing the access gate to the school: Patty O’Connor, M.V.; Bob Moffatt, M.V.; Don Wilder, M.V.; and Scott McClellan, M.V.

The following spoke in favor of keeping the easement/gate open: Doreen McKernan, M.V. and Mary Galvin, M.V.

The following presented written comments in opposition to no stopping/parking in the residential neighborhood: Sharon Campbell, M.V. and Barbara Casserly, M.V.

The following presented written comments in favor of closing the access gate: Patrick and Judy Cunningham, M.V.

Motion made by Council Member Kelley, seconded by Council Member MacLean, to direct that there will be no changes to the existing conditions within the residential areas and direct staff to continue to work with the Capistrano Unified School District to monitor the situation and look into increasing drop-off efficiency in front of Capo High School.
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

21. Audit of Capistrano Unified School District
Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report.

Joe Aguillar, Vavrinek, Trine, Day & Company: presented his firm’s findings from the CUSD audit.

Motion made by Mayor Pro Tempore Ledesma, seconded by Mayor Reavis, to receive and file the audit report and accept the auditor’s and staff’s recommendations and pursue implementation as follows: (1) request a final accounting of the debt service allotment from the 2002 COPs; (2) pursue an amendment of the tax sharing agreements to allow the Agency to inspect District financial records pertaining to the use of Mission Viejo tax increment; (3) request that the District account for Mission Viejo tax increment in a separate fund since the amount of funding should be increasing significantly in the coming years and (4) direct that City officials and/or staff periodically attend and monitor CUSD meetings on facilities and finance and continue communications between the City and the District with a focus on how future Mission Viejo CDA tax increment pass-through revenues, as well as unspent, uncommitted funds in both CFD 87-1 and Measure A, can be spent on priority projects at Mission Viejo schools.
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

Motion made by Council Member Kelley, seconded by Mayor Pro Tempore Ledesma, to continue ad hoc committee discussions and submit a formal letter to the Capistrano Unified School District to request greater funding in Mission Viejo schools for an equitable share of the CFD 87-1 and the Measure A dollars along with a spirit of cooperation in working with the City towards the use of its redevelopment funds.
On roll call, said motion carried by the following vote:

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

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

24. Foothill/Eastern Transportation Corridor Agency Report
Council Member MacLean announced that there has not been a recent meeting of the Foothill/Eastern TCA.

25. 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.

STAFF REPORTS

City Manager’s Report

Highlighted two memos from staff which provide status reports on the Crown Valley Parkway widening, Oso/Marguerite intersection improvements and the La Paz bridge and road widening project.

City Attorney’s Report

Provided the City Council with an update on recent legislative efforts which attempt to give local government more control over State-regulated group homes.

COUNCIL MEMBER COMMENTS

26. 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 announced that he has a change to his calendar which he will submit to the City Clerk for the public record.

Council Member Kelley

Reminded residents that the Walk Against Drugs begins at 8:00 a.m. on Saturday, October 20, 2007, at Mission Viejo High School. Complimented Mayor Reavis on her pursuit of hometown hero and astronaut Michael Lopez-Allegria who will be the keynote speaker. Announced that the Mission Viejo Library will celebrate its 10th anniversary on Saturday, October 27th from 11:00 to 1:00 p.m. Also that day, the Norman P. Murray Community and Senior Center will host the Mission Viejo Hometown Halloween from 4:00 to 8:00 p.m.

Council Member MacLean

Expressed his frustration with a recent story in the Saddleback Valley news which mischaracterized and misled the public in relation to the potential sale of property at the Casta del Sol Golf Course to Sunrise Senior Living.

Council Member Ury
Mayor Pro Tempore Ledesma
Mayor Reavis

ADJOURNMENT

At the hour of 8:58 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting to Monday, November 5, 2007, at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the meeting of November 5, 2007