Minutes_2007_12_03

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

December 3, 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 5:01 pm, on December 3, 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 30, 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:
Dennis Wilberg, City Manager
Irwin Bornstein, Asst. City Manager/Director of Admin. Services
William P. Curley III, City Attorney
Karen Hamman, City Clerk

Council Member MacLean arrived at 5:25 p.m.

CLOSED SESSION

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.

Conference with the City’s Real Property Negotiator and Attorney (City Manager Dennis Wilberg and City Attorney William Curley) Pursuant to Government Code Section 54956.8 Concerning Real Property Located at 27341 Trabuco Circle Known as the Saddleback Valley YMCA in the City of Mission Viejo. The Negotiating Parties Are the YMCA and the City of Mission Viejo. Under Negotiation Will Be the Price and Terms of Payment for the Property Interest and/or Leasehold Interest to Be Conveyed

Section 54956.8 (Conference with Real Property Negotiator). 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. City and 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: City and/or CDA Negotiators on behalf of both the City of Mission Viejo and the Community Development Agency of the City of Mission Viejo; Ralph Deppisch, The Steadfast Companies, and Brad Syverson, Vice President, Target Corporation. 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 and alternatively acquisition of Targets ownership interest in the site. Factors Affecting Price and Terms under Negotiation: (1) Recorded covenants, (2) Scope of development of Property, (3) Affordable housing requirements, and (4) interests claimed by Target Corporation. Factors affecting time of payment: (1) Conditions to closing, (2) Due diligence period, (3) Schedule of Development and Development of Affordable Housing, and (4) City or Agency financing.

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Reavis declared a recess to Closed Session at 5:04 p.m. The City Council reconvened in open session at 6:10 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. The City Council will readjourn to Closed Session after tonight's meeting to finalize item CS2.

PRESENTATIONS

PLEDGE OF ALLEGIANCE: Orange County Council, Boy Scouts of America,Pack 766, Den 6

INVOCATION: Mayor Pro Tempore Ledesma

Mayor’s State of the City Address
The City Council received the address.

PUBLIC COMMENTS

Cathy Schlicht, M.V.: read an email message from previous resident Haya Sakadjian regarding the proximity of 27 cell phone antennas in her former Mission Viejo neighborhood.

Joyce Saltzgiver, President of the Casta del Sol Homeowners Association, M.V.: asked the City Council to keep residents informed of the proposed sale of the Casta del Sol golf course and asked for updates at each City Council Meeting.

CONSENT CALENDAR

Item 17 was removed from the Consent Calendar for separate discussion.

Assistant City Manager/Director of Administrative Services Irwin Bornstein noted a correction in the recommended action for item #18 and stated that the last Resolution should read "Resolution 07-54" and that a correction will be made in Section 2 of the body of the resolution as well.

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:
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
Approved the Open Session Minutes for the Regular Meeting of November 19, 2007, as presented.

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

4. Check Register dated October 26, 2007, in the amount of $654,573.90
Ratified the accompanying check register.

5. Check Register dated November 9, 2007, in the amount of $1,359,818.40
Ratified the accompanying

6. Fiscal Year 2006-07 Community Development Agency Annual Report
Received, filed and transmitted the report to the State Controller.

7. Executive Management and Mid-Management Group Leadership Development Workshops on September 19, 20 and 21, 2007.
Approved contract with Allenbaugh Associates, Inc. (A07-96) in an amount not to exceed $22,349.74 for the preparation and facilitation of Executive Management and Mid-Management Group Leadership Development Workshops on September 19, 20 and 21, 2007.

8. Comprehensive Annual Financial Report for the City of Mission Viejo for the Fiscal Year Ended June 30, 2007
Received and filed.

9. 2008 Regional Transportation Improvement Program
(1) Adopted Resolution 07-72 Certifying that the City of Mission Viejo has the Resources to Fund the Projects Submitted for Inclusion in the Fiscal Year 2008/09-2013/14 Transportation Improvement Program and Affirming Its Commitment to Implement All of the Projects Submitted in the Program; and (2) directed staff to transmit Resolution 07-72 to the Orange County Transportation Authority.

10. Olympiad Road Resurfacing (CIP 201)
Approved the bid specifications and authorized staff to advertise for construction bids for the subject project.

11. Replacement Field Camera Equipment for Mission Viejo Television and Budget Amendment for Depreciation
(1) Approved the Equipment Agreement with B&H Photo-Video (A07-97) in the amount of $58,220 for the purchase of Field Camera Equipment; and (2) adopted Resolution 07-73 Amending the Fiscal Year 2007-08 Budget to Appropriate $66,035 from the MVTV Fund Balance for Anticipated Annual MVTV Depreciation Expenses.

12. Animal Shelter Shade Structures for Outdoor Dog Kennels at the Mission Viejo Animal Services Center (CIP 301)
Approved the bid specifications and authorized staff to advertise for construction bids for the subject project.

13. Purchase and Implementation of a Citywide Voice-Over-Internet- Protocol (VoIP) Telecommunications System.
(1) Approved a Purchase Order with Resilient Communications for the purchase of Cisco equipment in the amount of $364,926 and (2) approved agreement with Resilient Communications (A07-98) for purchase of professional services in the amount of $119,850.

14. Report On Internal Controls Over Investments
Received and filed.

15. Temporary Contract Planner Services for Community Development Department
(1) Adopted Resolution No. 07-74 Amending the Fiscal Year 2007-2008 Budget for Contract Planner Consulting Services; and 2) authorized City Manager approval of three separate Professional Service Agreements with Hogle-Ireland, Civic Solutions and On-Call Consulting Services, so that the individual expertise of each firm can be drawn upon. The total service cost for the aggregate of all three contracts shall not exceed $150,000.

16. La Paz Roadway and Bridge Widening Improvements (CIP 756/761)
(1) Approved Change Order 1 in the amount of $145,253 to Purchase Order 060322 to Parsons Transportation Group, Inc., for additional design services; and (2) adopted Resolution 07-75 Amending the Fiscal Year 2007?2008 Budget for Costs Related to La Paz Bridge Widening (CIP 756).

18. Amendment No. 1 to the Supplemental Health Account for Retired Employees (SHARE) Plan of the City of Mission Viejo Benefit Trust
Adopted Resolution 07-77 Regarding Supplemental Health Account for Retired Employees (SHARE) Plan, Effective December 3, 2007, and Amending and Superseding City Council Resolution No. 06-74, Resolution No. 06-75 and Resolution No. 07-54.

PUBLIC HEARINGS

19. Ordinance Adopting the 2007 California Building Codes
Director of Community Development Chuck Wilson presented the staff report.
Motion made by Mayor Pro Tempore Ledesma, seconded by Mayor Reavis, to (1) adopt Ordinance 07-261 Amending Title 8 of the Mission Viejo Municipal Code by adopting by reference the 2007 Editions of the California Building, Plumbing, Electrical and Mechanical Codes, and related Model and Uniform Codes, with Appendices and Amendments thereto”; and (2) adopt Resolution 07-78 Setting Forth Local Conditions Within the City of Mission Viejo Which Make Certain Modifications and Changes to the 2007 Editions of the California Building, Plumbing, Electrical and Mechanical Codes, and related Model and Uniform Codes, with Appendices and Amendments thereto, reasonably necessary for occupancies.

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

20. Ordinance Adopting the 2007 California Fire Code
Director of Community Development Chuck Wilson presented the staff report.
Motion made by Council Member Ury, seconded by Council Member MacLean, to adopt Ordinance 07-262 Adopting by Reference the 2007 California Fire Code, Incorporating the International Fire Code 2006 Edition, With Erata, Including Appendices Chapter 1 A, B and C, and the Referenced Standards Together With Certain Amendments and Deletions.

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. Development Code Amendment DCA2007-10 - Proposed Ordinance to add a Mixed Use Overlay Zone category to the City’s Development Code that defines allowable land uses and property development standards, including intensity of development, for mixed-use areas.

Director of Community Development Chuck Wilson presented the staff report.

Motion made by Mayor Reavis, seconded by Council Member Kelley, to deny the recommended action.

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

22. Norman P. Murray Community and Senior Center Expansion (CIP 994) - Report on Alternatives for Procurement of Furnishings
Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report and discussed options for the furniture procurement.

Motion made by Council Member Ury, seconded by Council Member MacLean, to (1) conduct an informal bid for the furniture with informal defined, in this case, as contacting the six Southern California vendors of Steelcase products for price quotes via informal bids; (2) waive the formal bidding requirements established in Municipal Code Section 3.12.290(7) to allow for this type of informal bid; and (3) direct staff to come up with three or four additional reference points to verify that the prior quote for "piggybacking" with the National Joint Purchasing Alliance (NJPA) would provide the best possible price.

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

RECESS

Mayor Reavis declared a recess at 7:28 p.m. The City Council reconvened at 7:43 p.m. with all five Council Members present.

NEW BUSINESS

23. Initial Report on the Branding and Re-Imaging of Mission Viejo
Laurie Schiada, BrandStrata, LLC: discussed the brand identity development and presented their proposed brand and tagline.

Cathy Schlicht, M.V.: stated that corporate identity should not be the role of government.

Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, to (1) adopt the image as proposed by brandStrata LLC, as a first step in the re-imaging (branding) of Mission Viejo and; (2) receive and file the Brand Audit and Position Summary and; (3) direct staff to implement the "First Step" recommendations as identified in the report.

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

Mayor Reavis stated for the record that she voted no because there are unknown costs involved in implementing the nine "first steps."

ITEMS REMOVED FROM THE CONSENT CALENDAR

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

Motion made by Mayor Reavis, seconded by Council Member Kelley, to (1) approve Change Order #14 to Douglas E. Barnhart, Inc. in the amount of $415,908 for additional construction costs for subject project; (2) approve Change Order #3 to PETRA Geotechnical, Inc. in the amount of $15,250 for additional geotechnical services for subject project; and 3) adopt Resolution No. 07-XX amending the Fiscal Year 2007-08 Budget to increase estimated appropriations for the Norman P. Murray Community and Senior Center Expansion Capital Improvement 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

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

24. Orange County Fire Authority (OCFA) Report

Council Member Kelley announced that there has not been a recent meeting of the Orange County Fire Authority, however, she reminded residents of the OCFA Spark of Love Toy Drive. New, unwrapped toys can be dropped off at any Mission Viejo fire station or they can be delivered at the Metrolink Holiday event on December 16, 2007.

 25. Foothill/Eastern Transportation Corridor Agency Report
Council Member MacLean announced that there has not been a recent meeting of the Foothill/Eastern TCA. Over the holidays he will be drafting letters in support of the Foothill/South and he will distribute to the City Council shortly.

26. 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.

27. Vector Control Board Report
Mayor Reavis announced that there has not been a recent meeting of the Vector Control Board.

STAFF REPORTS

City Manager’s Report

28. December 24, 2007 City Hall Closure

Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report.

Motion made by Council Member MacLean, seconded by Council Member Kelley, to approve the closure of City Hall on December 24, 2007.

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

29. Dog Park Update

Director of Recreation and Community Services Kelly Doyle presented the staff report.

Motion made by Council Member Ury, seconded by Mayor Reavis, to remove Alicia Park from consideration and direct that this issue go back to the Community Services Commission with the goal of having the Commission identify alternate sites.

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

By consensus, the City Council directed staff to look into the cost of a parking lot at Alicia Park.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

30. 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 and agreed to provide any changes that they might have to the City Clerk for the public record.

Council Member Kelley

31. Mission Viejo Triathlon
Tim Hughes, Lake Forest: asked the City Council for their support of the 2008 Triathlon event in Mission Viejo.

Motion made by Council Member Kelley, seconded by Council Member MacLean, to approve a Mission Viejo/Orange County Triathlon for September 28, 2008.

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

Wished Mission Viejo residents a happy holiday and reminded everyone to look in the local paper and on the City web site for a schedule of holiday events. Announced that Santa will be in his workshop at the corner of La Paz and Chrisanta every Wednesday, Saturday and Sunday and she thanked the Mission Viejo Activities Committee for their volunteer work and for organizing this fun family event each year. Encouraged residents to support our adopted Marines and stated that those wishing to send a package or cards can find the address on the City’s web site or they can deliver their items to city hall and she will make sure that they reach the recipients. Announced that the Community of Character word for the month of December is caring.

Council Member MacLean

Wished everyone a Merry Christmas and Happy Hanukkah.

Council Member Ury

Wished residents a Merry Christmas, Happy Hanukkah, Happy New Year and wished everyone a safe holiday.

Mayor Pro Tempore Ledesma

Wished everyone a happy holiday and thanked the Mission Viejo Activities Committee for putting together a map of the homes that have won an award for the best holiday decorations.

Mayor Reavis

Wished residents a safe and happy holiday. Announced that she will close tonight's meeting in memory of long time resident and volunteer, Mae Russ, and in memory of Congressman Gary Miller's daughter, Elizabeth Miller.

CITY COUNCIL REORGANIZATION

32. Election of Mayor and Mayor Pro Tempore

Motion made by Mayor Reavis, seconded by Mayor Pro Tempore Ledesma, to appoint John Paul Ledesma as Mayor in 2008.

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

AYES:
Mayor Pro Tempore Ledesma, and Mayor Reavis.

NOES:
Council Member Kelley, Council Member MacLean, and Council Member Ury.

ABSENT:
None

Motion made by Council Member MacLean, seconded by Council Member Ury, to appoint Frank Ury as Mayor in 2008.

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

AYES:
Council Member MacLean, and Council Member Ury.

NOES:
Council Member Kelley, Mayor Pro Tempore Ledesma, and Mayor Reavis.

ABSENT:
None

Motion made by Mayor Reavis, seconded by Council Member MacLean, to appoint Trish Kelley as Mayor in 2008.

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

AYES:
Council Member Kelley, Council Member MacLean, and Mayor Reavis

NOES:
Council Member Ury, and Mayor Pro Tempore Ledesma

ABSENT:
None

Motion made by Council Member MacLean, seconded by Council Member Ury, to appoint Frank Ury as Mayor Pro Tem in 2008.

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

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Reavis declared a recess to Closed Session at 10:23 p.m. The City Council reconvened at 10:43 p.m. with all five City Council Members present.

ADJOURNMENT

At the hour of 10:45 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting in memory of Mae Russ and Elizabeth Miller, to Monday, January 7, 2008, at 5:00 p.m.

Karen Hamman, City Clerk

Approved at the meeting of January 7, 2008