MISSION VIEJO MINUTES City Council, Community Development Agency, Community Development Financing Authority, Public Improvement Corporation, and Library Board of Trustees*
January 21, 2008
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 5:00 pm, on January 21, 2008, 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 , 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: Mayor Kelley Mayor Pro Tem Ury Council Member Ledesma Council Member MacLean Council Member 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 Kelley
INVOCATION: Mayor Pro Tem Ury
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.
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:02 p.m. Mayor Kelley recessed the meeting to Closed Session. The City Council reconvened in open session at 6:03 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 the item will be agendized for action at a future meeting.
PRESENTATIONS
P1. Recognize Citywide Volunteers for Their 1,000 Hours of Volunteer Service Mayor Kelley presented certificates of appreciation to (1) Charlie Bayhi for volunteer hours with the Senior Community Activity Team (SCAT); (2) Lin Winley; (2) Pat Powers; (3) Gene Costello; (4) Marilyn Lingenfelder; (5) Hugh Armstrong; and (6) Linda Wolter for volunteer hours at the Mission Viejo Library.
P2. Presentation of the Community of Character Award Mayor Kelley presented the Community of Character Award to Dan Levine.
P3. Report on the Operations and Functioning of the Southern California Edison Viejo System Facilities in the City of Mission Viejo City Attorney Bill Curley announced that this item is postponed to the City Council Meeting of February 18, 2008.
PUBLIC COMMENTS
Joyce Saltzgiver, President of the Casta del Sol Homeowners Association: stated that the Casta del Sol HOA and many residents oppose the sale of the Casta del Sol golf course to Sunrise Assisted Living.
Michelle Clark, Waste Management of Orange County, Irvine: announced that Waste Management looks forward to assisting the City with its 20th Anniversary Celebration and the Relay for Life events this year.
CONSENT CALENDAR
Item 19 was removed from the Consent Calendar for separate discussion.
Motion made by Council Member MacLean, seconded by Council Member Ledesma, approve the Consent Calendar as described below.
On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, Council Member MacLean, and Council Member 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 minutes from the City Council Meeting of January 7, 2008, as presented.
3. Summary of FY2007-08 Budget Amendments To Date Received and filed.
4. Check Register dated December 14, 2007, in the amount of $752,408.09 Ratified the accompanying check register.
5. Check Register dated December 21, 2007, in the amount of $3,835,549.67 Ratified the accompanying check register.
6. Check Register dated January 4, 2008, in the amount of $1,232,080.94 Ratified the accompanying check register.
7. City Treasurer’s Monthly Report for November 2007 Received and filed.
8. Community Development Agency Treasurer’s Monthly Report for November 2007 Received and filed.
9. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for November 2007 Received and filed.
10. Legal Services Related to Retiree Health Benefits Program Re-Design And Implementation Approved Third Amendment to the agreement with Carney Badley Spellman, P.S. for legal services in the amount of $4,000.00.
11. Trustee Services for ICMA Section 457 Deferred Compensation Plan Adopted Resolution 08-05 Appointing Vantagetrust Company as Successor Trustee of the ICMA Section 457 Deferred Compensation Plan.
12. Professional Services Agreement for Printing and Related Services for the City Outlook and Leisure Time (1) Approved the Professional Services Agreement with The DOT Printer (A08-01) for printing and related services for six issues of the quarterly City Outlook and Leisure Time for a total not to exceed amount of $200,407.44 through June 30, 2009; and (2) authorized the issuance of a purchase order to The DOT Printer in the amount of $69,374 for FY 2007-08.
13. Residential Slurry Seal (CIP 838) (1) Certified the completion of and accepted the improvements for the subject project; (2) authorized the City Manager to sign the Notice of Completion; (3) authorized the City Clerk to record the 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 of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorized payment of the final retention 35 days after the date of recordation of the Notice of Completion.
14. Citywide Pavement Management Program Update Awarded the contract to Nichols Consulting Engineers, Chtd. (A08-02) for the update of the City’s Pavement Management Program in the amount of $43,600.
15. Melinda Park Restroom Construction (CIP 308) (1) Certified the completion of and accepted the improvements for the subject project; (2) authorized the City Manager to sign the Notice of Completion; (3) authorized the City Clerk to record the 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 of the Notice of Completion contingent upon no claims or liens being filed with or by the City; (4) authorized the payment of the final retention of $37,367.31, 35 days after the date of recordation of the Notice of Completion.
16. County of Orange City Aid Program Agreement for Fiscal Year 2008-2009 Executed Agreement No. D07-152 between the County of Orange and the City of Mission Viejo (A08-03) as required for particiaption in the County Proposition 42 City Aid Program for transportation funding.
17. Police Services Budget Amendment for Salary and Benefit Increases for FYs 2006 through 2008 (1) Authorized a Lump Sum Payment in the Amount of $367,236 for Increases Related to the FY 2006-2007 Law Enforcement Services Contract; (2) adopted Resolution 08-06 Amending the FY 2007-2008 Police Services Budget for Costs Related to Salary and Benefit Increases; and (3) increased the FY 2007-2008 Orange County Sheriff’s Department Purchase Order No. 080071 by $308,596 to $13,534,767.
18. Marguerite Recreation Center/YMCA Repairs (CIP 315) - Parking Lot Renovation (1) Rejected all bids for subject services; and (2) directed staff to re-bid the project.
PUBLIC HEARINGS
OLD BUSINESS
NEW BUSINESS
20. Emergency Medical Ambulance Services Contract and Awarding Authority for 2009
Deputy City Manager Karen Wylie presented the staff report.
Joanna Dimas, Medix Ambulance Service, M.V.: stated that Medix would like to continue providing service to the City of Mission Viejo for the next five years.
Motion made by Council Member MacLean, seconded by Council Member Ledesma, to (1) renew the contract with Medix Ambulance Services for an additional five years (through 2014) under the same terms and conditions in the current contract; and (2) notify the Orange County Fire Authority (OCFA) to organize the competitive bidding process for future emergency medical service providers, with the City of Mission Viejo retaining the contract awarding authority.
On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Council Member Ledesma, Council Member MacLean, and Council Member Reavis NOES: Mayor Pro Tem Ury ABSENT: None
RECESS
Mayor Kelley declared a recess at 7:23 p.m. The City Council reconvened at 7:38 p.m. with all five City Council Members present.
ITEMS REMOVED FROM THE CONSENT CALENDAR
19. Regional Recycling and Waste Diversion Grant
Senior Management Analyst Denise Matson presented the staff report.
Motion made by Council Member Reavis, seconded by Council Member MacLean, to (1) adopt Resolution 08-07 Approving an Application for Grant Funds from the County of Orange for the Regional Recycling and Waste Diversion Program; and (2) adopt Resolution 08-08 Amending the Fiscal Year 2007-2008 Budget to Increase Estimated Revenue and Establish a Budget for the Implementation of a Recycling and Waste Diversion Program.
On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, Council Member MacLean, and Council Member Reavis NOES: None ABSENT: None
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
21. Orange County Fire Authority (OCFA) Report Received the report from Mayor Kelley.
22. Foothill/Eastern Transportation Corridor Agency Report Received the report from Council Member MacLean.
23. San Joaquin Hills Transportation Corridor Agency Report Received the report from Council Member Ledesma.
24. Vector Control Board Report Received the report from Council Member Reavis.
STAFF REPORTS
City Manager’s Report
City Manager Dennis Wilberg thanked the City Council Members for attending the Relay for Life Mixer last week.
City Attorney’s Report
25. Request for authorization to advance City of Mission Viejo concerns regarding Capistrano Unified School District attendance boundary issues City Attorney Bill Curley presented the staff report.
Julia Collier, Parents Advocate League, M.V.: asked the Council to take measures to make sure that the City is not abused by the CUSD.
Motion made by Mayor Kelley, seconded by Council Member Reavis, to authorize and direct the City Attorney to prepare and dispatch a letter to the CUSD Board of Trustees, describing the City’s concerns with the negative impacts on Mission Viejo arising from school attendance boundaries; request for mutual cooperation to develop mitigation measures; and request for environmental review.
On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, Council Member MacLean, and Council Member Reavis NOES: None ABSENT: None
COUNCIL MEMBER COMMENTS
26. Council Member Reports of Events and Activities Attended The City Council Members acknowledged their event and activities calendars as presented in the staff report and agreed to provide any changes they might have to the City Clerk for the public record.
Council Member Ledesma Council Member MacLean
Council Member Reavis
Wished everyone a happy Martin Luther King, Jr. Day. Encouraged residents to consider attending the Mission Viejo Chamber of Commerce "Breakfast with the Mayor" on Wednesday, February 27, 2008. Non member pre-paid admission is $35 and reservations can be made through the Chamber of Commerce or City Hall. Announced that the Pacific Symphony is using the Potocki Center for children’s musical story time programs and those interested in finding more information can call 714-755-5799. Discussed her attendance at a recent water forum and announced that Homeowners Associations can register for a water forum called "H20 for HOA’s". There is limited seating and required reservations can be made by calling (949) 448-4032. Congratulated Sheriff’s Department Deputy Rocky Castellano who was recently named Deputy of the Year.
Mayor Pro Tem Ury
Mayor Kelley
27. Olympic Finish Line
Director of Public Services Keith Rattay answered questions of the City Council.
Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to direct staff to speak with the Coral Gardens Homeowner’s Association to determine whether they would allow for this addition and return at a future City Council Meeting with a concept plan and cost estimates.
On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, and Council Member MacLean NOES: Council Member Reavis ABSENT: None
ed, including the drawings and accounting information, is made available to the public and included in the next staff report.
By consensus, the City Council directed staff to return at a future City Council Meeting with cost estimates for enhancing the North West corner of La Paz and Marguerite.
Thanked the City Council Members, the City Manager and many staff members for attending the Relay for Life kick-off last week and thanked the Gunderson Family, owners of the Infiniti dealership, for hosting the event and giving up an evening of car sales. Invited those interested in forming a Relay for Life team to contact her for more information. Announced that the "Fun With Chips" fundraising event for Fun With Chalk will be held on February 9, 2008, and those looking for further information are invited to contact her. Discussed the letter, dated January 7, 2008, from Superintendent Carter in response to the City’s audit of CUSD and drew the Council’s attention to the packet of information she provided on the dais tonight.
Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to direct staff to analyze the documents she provided to staff, prepare a letter responding to Mr. Carter, and return for Council discussion at the February 4, 2008 City Council Meeting.
On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, Council Member MacLean, and Council Member Reavis NOES: None ABSENT: None
ADJOURNMENT
At the hour of 9:08 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting in memory of Shelly Green, to Monday, February 4, 2008, at 5:00 p.m.
Karen Hamman, City Clerk Approved at the meeting of
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