Minutes_2007_11_19

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

November 19, 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 Kelley at 5:02 pm, on November 19, 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 November 14, 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 Kelley
Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma
Mayor Reavis

Absent:
None

Staff Present:
Assistant City Manager/Director of Administrative Services Bornstein
City Attorney Curley
City Clerk Hamman

PLEDGE OF ALLEGIANCE: Council Member MacLean

INVOCATION: Mayor Reavis

CLOSED SESSION

RECESS

Mayor Reavis declared a recess at 5:05 p.m. The City Council reconvened at 6:03 p.m. with all five City Council Members present.

PRESENTATIONS

Certificate of Appreciation to the Mission Viejo Elks Lodge for Donation to Fund Canine Purchase
This item was postponed to a future date.

Orange County Fire Authority (OCFA) Report
The City Council received a video presentation of the Santiago Fire and OCFA Chief Chip Prather answered questions of the City Council.

Presentation by David Lowe of the Transportation Corridor Agency Regarding the Coastal Commission Hearing and the Smart Mobility Report to Widen the I-5
Received the presentation from Paul Glaab, OCTA Board of Directors, and David Lowe, Transportation Corridor Agency.

American Heroes Tribute Presentation
Barbara Brazil, Board of Directors for the American Heroes tribute, introduced the video presentation.

PUBLIC COMMENTS

Bob Holtzclaw, Lake Forest: discussed ongoing issues with the day laborer site at Los Alisos and Jeronimo and asked the City Council to join Supervisor Pat Bates in sending a letter to the Immigration and Customs Enforcement (ICE) to voice the City’s complaints.

Cathy Schlicht, M.V.: welcomed Brad Morton back into the arena of activism with his Mission Viejo Dispatch blog.

CONSENT CALENDAR

Items 2, 12, and 13 were removed from the Consent Calendar for separate discussion.

Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member Ury, 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.

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

4. Check Register dated November 2, 2007, in the amount of $770,556.12
Ratified the accompanying check register.

5. City Treasurer’s Monthly Report for September 2007
Received and filed the report.

6. Community Development Agency Treasurer’s Monthly Report for September 2007
Received and filed the report.

7. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for September 2007
Received and filed the report.

8. Quarterly Financial Report for the Community Development Agency - First Quarter of FY 2007-08
Received and filed the report.

9. Quarterly Financial Report for the City of Mission Viejo - First Quarter of FY 2007-08
Received and filed.

10. Citywide Speed Limit Update
Adopted Ordinance 07-263 Amending Chapter 12.04.010(d) of the Mission Viejo Municipal Code Regarding Prima Facie Speed Limits on Certain Streets.

11. First Amendment to the Construction and Demolition Waste Recycling Ordinance
Adopted Ordinance 07-264 Amending Paragraph (c) of Section 6.10.1140 of Division 10, Chapter 6.10 of Title 6 of the Mission Viejo Municipal Code Relating to the Use of Diversion Performance Deposits.

14. Law Enforcement Services Agreement First Amendment for FY 2007-08
Approved the First Amendment to the Law Enforcement Services Agreement for positions and equipment increases included as part of the FY 2007-08 Budget.

15. Purchase of Two Replacement Police Services Motorcycles for FY 2007-08
Awarded a Purchase Agreement for Two Police Motorcycles to Huntington Beach Honda in the amount of $44,284.10.

16. Strategic Plan for Marguerite Parkway Median Island and Right-of-Way Renovation - CIP 799
Awarded a contract to LandArc West in an amount not to exceed $290,375.00.

ITEMS REMOVED FROM THE CONSENT CALENDAR

2. City Council Minutes
Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, to approve the Open Session Minutes for the Regular Meeting of November 5, 2007, as amended.

Amendment: The City Clerk shall amend the Minutes to update the wording for the motion on item #28 (pages 8 and 9 of the Minutes) to clarify that the $15,000 payment from T-mobil will include retaining wall improvements.

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

12. Norman P. Murray Community and Senior Center Expansion (CIP 994) - Furnishings
Director of Recreation and Community Services Kelly Doyle presented the staff report.

Assistant City Manager/Director of Administrative Services Irwin Bornstein answered questions of the City Council and discussed alternatives to staff’s recommendation to wave the bidding requirements.

Motion made by Council Member MacLean, to waive bidding requirements per Municipal Code Section 3.12.290(7) and authorize issuance of a purchase order to Tangram in the amount of $246,387.19 for furnishings at the Norman P. Murray Community & Senior Center. The motion died for lack of a second.

Motion made by Council Member Ury, seconded by Mayor Pro Tempore Ledesma, to (1) deny the current proposal set before the City Council in the staff report; and (2) direct staff to return at the December 3, 2007, City Council Meeting with a plan of ideas and alternatives and a recommendation on whether or not the City should go out to bid.

On roll call, said motion carried by the following vote:

AYES:
Council Member Kelley, Council Member Ury, Mayor Pro Tempore Ledesma, and Mayor Reavis

NOES:
Council Member MacLean

ABSENT:
None

Council Member MacLean stated for the record that he embraces a competitive bid process but in this instance he feels that the project was already competitively bid and the recommendation of staff was proper.

13. Sierra Recreation Center Pool Area Rehabilitation - CIP 984
Director of Public Services Keith Rattay presented the staff report.

Motion made by Council Member Kelley, seconded by Council Member Ury, to (1) approve a change order to Friess Construction, Inc. in an amount not to exceed $12,512.00; (2) adopt Resolution 07-71 Amending the FY 2007-08 Budget to Appropriate Funds for the Rehabilitation of the Sierra Recreation Center; (3) approve a change order to Petra Geotechnical in an amount not to exceed $3,150.00; (4) authorize the City Clerk to record 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 pf the notice of completion contingent upon no claims or leis being field with or by the City; and (5) authorize payment of the final retention 35 days after the date of recordation of the notice of completion.

On roll call, said motion carried by the following vote:

AYES:
Council Member Kelley, Council Member MacLean, Council Member Ury, and Mayor Pro Tempore Ledesma

NOES:
Mayor Reavis

ABSENT:
None

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

19. San Joaquin Hills Transportation Corridor Agency Report
Received the report from Council Member Kelley who attended the meeting on behalf of Mayor Pro Tempore Ledesma.

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

STAFF REPORTS

City Manager’s Report
21. Casta Del Sol Property
Director of Community Development Chuck Wilson presented the staff report.

Cathy Schlicht, M.V.: stated that the City Council will not protect the interests of the residents who live in the three communities surrounding the Casta del Sol golf course.

Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member Kelley, to strike #9 on the scope of work issues/tasks and approve the remaining items.

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 Reavis, to direct staff to identify financing mechanisms for the property, including the cost to acquire and maintain the property.

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

City Attorney’s Report

COUNCIL MEMBER COMMENTS

22. 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 Reavis, Council Member Kelley, 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

Discussed her attendance at the Casta del Sol Marine Corps birthday ball and wished the Marine Corps a belated happy birthday  Expressed many thanks to military personnel, past and present, for their service to our country and complimented staff on a wonderful Veteran’s Day ceremony. Congratulated Community Services Commissioner Anna Boyce on her recent award as “The Rising Star in Advocacy” from the Sage Stellar Women. Congratulated police services and the City on being named the Safest City in America. Stated that this is quite an honor and she is appreciative of those who serve our City.  Asked the City Attorney if he would look into the recent gang indictment and issues that have come up at Capistrano Valley High School with injunctions. By consensus, the City Council directed the City Attorney to return with a report on the injunction and to offer ideas and suggestions so the City can be proactive.

Council Member MacLean

23. Letter to Governor to Support Foothill - South 241 Toll Road Completion
By consensus, the City Council received and filed the report.

Council Member MacLean wished everyone a happy Thanksgiving.

Council Member Ury

Wished everyone a happy Thanksgiving and safe travels.

Mayor Pro Tempore Ledesma

Thanked Council Member MacLean for the tremendous amount of work and time he spends with the Foothill/Eastern Transportation Corridor Agency. Stated that this year’s Veteran’s Day ceremony was incredibly touching and he thanked the Veterans and the citizens who participated. Commended city staff, especially Karen Wylie, for volunteering their time and making this a great success and an honorable tradition. Wished his colleagues and the community a happy Thanksgiving.

Mayor Reavis

Asked the City Clerk to facilitate advertisement of the new South County branch of the Orange County Clerk Recorder which is located at the Laguna Hills civic center. South County residents can visit this location to get copies of birth certificates, death certificates, marriage certificates, official property records, marriage licenses, and fictitious business name filings. Announced that Congressman Gary Miller will hold a Service Academy night on Monday, Nov. 26, 2007, at 6:30 p.m. in Saddleback Room at city hall. Young people interested in attending a military college are invited to attend and find out more about admission and attendance at a service academy. Discussed her attendance at the State's Golden Guardian Exercise and announced that the City recently activated its own Emergency Operations Center (EOC). She stated that residents can rest assured that the City's emergency operations are alive and well and we are conducting drills and doing everything possible to keep the community informed. Announced that she was honored to attend the Marine Corps ball at Camp Pendleton; it was a wonderful, heartwarming event. Informed resident Cathy Schlicht that she has transferred a large amount of money from her savings to her campaign account to help pay down debt. Congratulated the City for being the safest city in the country and stated that the community has so much to be thankful for this Thanksgiving.

ADJOURNMENT

At the hour of 8:25 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting in memory of Alison Woolett, to Monday, December 3, 2007, at 5:00 p.m.

Karen Hamman, City Clerk

Approved at the meeting of December 3, 2007