2007_01_15_Minutes

MISSION VIEJO MINUTES
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation, and Library Board of Trustees* January 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 5:01 p.m., on January 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 January 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—CITY COUNCIL, COMMUNITY DEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY, PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF TRUSTEES

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

Pledge of Allegiance:Mayor Pro Tempore Ledesma

Invocation:Mayor Reavis

RECESS TO CLOSED SESSION

Mayor Reavis recessed the meeting to Closed Session at 5:03 p.m.

CLOSED SESSION

CS1. Conference with the City’s Real Property Negotiator (City Manager/ExecutiveDirector Dennis Wilberg and City Attorney William Curley) Pursuant to GovernmentCode Section 54956.8 Concerning Real Property Located Adjacent to the EasternBoundary of Saddleback College Between Crown Valley Parkway and AveryParkway (Assessors Parcel Number 740-112-35) in the City of Mission Viejo. TheNegotiating Parties Are the City ofMission Viejo and Spectrum Housing, LLC (ItsGeneral Partners). Under Negotiation Will Be the Price and Terms of Payment forthe Property Interest to Be Acquired. Final action, if any, on this matter will be takenin public session at a future Council Meeting following Public Comments.

CS2. Conference with Legal Counsel—Anticipated Litigation. Potential LitigationPursuant to Subdivision (c) of Government Code Section 54956.9. Two Cases UnderConsideration.

RECONVENE

Mayor Reavis reconvened the meeting at 6:05 p.m. All five City Council Members were present.

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that the Council provided direction to the City's negotiators for CS1 but there was no reportable action. For Closed Session item CS2, there was no reportable action on the first case under consideration. Regarding the second case, the City Council directed the City Attorney to contact Southern California Edison to ask for information in support of Edison’s presentation to the City regarding improvements and re-phasing of the Viejo System line. Upon receipt of that information, the City Council will decide what course of action to take.

PRESENTATIONS

P1. Oath of Office for Newly Appointed Planning and Transportation Commissioners,Investment Advisory Commissioners, and Community Services Commissioners City Clerk Karen Hamman administered the Oath of Office and Mayor Reavis presentedCertificates of Appointment to (1) Community Services Commissioners PatriciaBennett, Ron Harris, Ronald Ruef, and Brian Skalsky; (2) Investment AdvisoryCommissioners Mary Hugar and Patrick Imburgia; and (3) Planning and TransportationCommissioners Richard Atkinson, Mynette Beauchamp, David Leckness, Rick Sandzimier,and Richard Schweinberg. Community Services Commissioners Anna Boyce and Tim Reid and Investment Advisory Commissioners Duncan Merritt and Kevin Moran wereunable to attend and will receive their oaths at a later date.

P2. Recognize Citywide Volunteers for Their 1,000 Hours of Volunteer Service (0410-80) Library Assistant Patrice Rand, Leslie McDonald and Mayor Reavis presented certificates of appreciation to (1) Richard McConaughy for volunteer hours at the Mission ViejoLibrary; (2) Barbara Otaki for volunteer hours at the Mission Viejo Library and theNorman P. Murray Community and Senior Center; and (3) Carmen Chasiquiza forvolunteer hours at the Norman P. Murray Community and Senior Center.

PUBLIC COMMENTS

Larry Gilbert, M.V.: read from a press release issued by the City on October 30, 2006, regarding Mission Viejo’s “Safest City” designation and expressed concern about a recent rash of auto thefts and burglaries at the Shops at Mission Viejo.

Terry Graham, Saddleback Neighborhood Alliance, Lake Forest: asked the City Council to take care of the day laborer problem at Los Alisos and Jeronimo before it gets out of hand like it did in the City of Lake Forest.

Lisa Schoeneberger, Lake Forest: expressed concern with day laborers congregating at Jeronimo Plaza and surrounding areas. Asked the City to work with the business owners at Jeronimo Plaza to prevent a problem before it gets out of control.

Bob Holtzclaw, Minute Man Project, Lake Forest: discussed the City of Lake Forest’s ordinance to prevent day laborers from congregating in certain areas and encouraged the City of Mission Viejo to consider a similar ordinance.

Sandra Sweet, M.V.: expressed dismay with the day laborer problem at the corner of Jeronimo and Los Alisos and announced that concerned citizens will stage a protest on Saturday, from 8:00 to 11:00 a.m.

Vincent Burke, M.V.: asked the City Council to consider enacting a day laborer ordinance similar to the City of Lake Forest’s.

Cathy Schlicht, M.V.: asked why the public was kept in the dark about a 53% increase in car thefts that began last summer.

Joe Holtzman, M.V.: discussed an editorial in the OC Register entitled “Not Very Bright Ideas From Edison” and expressed his concern with misconduct and misinformation from SCE.

Steven Guess, M.V.: stated that the last election campaign was the most negative in our city’s history and that we need to work together as a community to resolve differences.

Christiane Dudzinski, M.V.: expressed concern with overgrown trees that block the view from her home and asked the City for assistance.

CONSENT CALENDAR

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:
Kelley, MacLean, Ury, Ledesma, 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 titleswhich appear on the public agenda shall be determined to have been read by title andfurther reading waived.

2. City Council Minutes (0410-60)
Approved the Open Session Minutes for the Regular Meeting of January 2, 2007, as presented.

3. Summary of Fiscal Year 2006-2007 Budget Amendments to Date (0330-30)
Received and filed the report.

4. Check Register Dated December 15, 2006, in the Amount of $1,997,916.29 (0300-30)
Ratified the accompanying check register.

5. Check Register Dated December 22, 2006, in the Amount of $1,804,080.80 (0300-30)
Ratified the accompanying check register.

6. City Treasurer’s Monthly Report for November 2006 (0320-80)
Received and filed the report.

7. Community Development Agency (CDA) Treasurer’s Report for November 2006(0320-80)
Received and filed the report.

8. Community Development Financing Authority (CDFA) Treasurer’s Report forNovember 2006 (0320-80)
Received and filed the report.

9. Retirement Actuarial Consulting Services (0400-10)
Approved the Second Amendment with Bartel Associates, LLC for actuarial consulting services in the amount of $5,000.

10. Number not used

11. Number not used

12. Budget Amendment to Increase Fiscal Year 2006-2007 Property Tax Estimates (0330-30)
Adopted Resolution 07-02 Amending the Fiscal Year 2006-2007 Budget to Increase Property Tax Revenue Estimates.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

13. Proposed Draft Ordinance Amending Regulations Applicable to Signs and Amending Portions of Chapter 9.29 (Sign Standards) of the City’s Municipal Code (0480-20)
Director of Community Development Chuck Wilson presented the staff report. Mayor Reavis opened the public hearing at 7:36 p.m.

Cathy Schlicht, M.V.: discussed her concern with various signage throughout the city and asked the City Council to stop the spread of visual blight, especially at Kaleidoscope center.

Bob Bunyan, Robert Bunyan and Associates, M.V.: representing a property owner in town, outlined their concern with two proposed areas in the sign ordinance regarding square footage requirements for monument signs and the number of tenants per sign. Hearing no further comments, the Mayor closed the public hearing.

The City Council requested Commission reconsideration of the following sign code topics:
1. For a business freestanding monument sign, reconsider definition of major tenant with a gross lease space equal to or greater than 10,000 sq. ft. Some Council Members felt the 10,000 sq. ft. standard should be reduced to a lower square footage such as 5,000 sq. ft.
2. For window signs, reconsider standard requiring window signs not exceed 25% of the window (pane of glass). Some Councilmember felt the pane of glass standard was too restrictive.
3. For temporary promotional signs, reconsider allowing promotional posters in the window. Some Council Members felt requiring promotional signs to be only designed in the form of a banner was too restrictive.
4. For lighted open/closed signs, reconsider permitting open signs to be designed with neon lighting.
5. Consider allowing more flexibility for exterior signage at commercial highway oriented centers.
6. Consider allowing off-site signage to promote auto dealerships.
7. For commercial real estate signs, consider removing the bond requirement for these signs.
8. Define LED signs and consider a standard for brightness. These signs should be steady burning (i.e. no flashing or moving illumination).
Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, to direct that this matter be returned to the Planning and Transportation Commission so the new members will have an opportunity to review the recommendations, address the City Council’s concerns, and return with their input within 60 days.
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Ury, Ledesma, Reavis
NOES: None
ABSENT: None

OLD BUSINESS

14. Community Services Commission and Investment Advisory Commission Appointments (0120-75) (0120-90)
Motion made by Mayor Pro Tempore Ledesma, seconded by MayorReavis, toappoint Gloria Heer to the Community Services Commission.
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Ury, Ledesma, Reavis
NOES: None
ABSENT: None

Motion made by Mayor Pro Tempore Ledesma, seconded by Council Member Ury,to appoint Morgan Christen to the Investment Advisory Commission.

On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Ury, Ledesma, Reavis
NOES: None
ABSENT: None

15. Resolution Repealing a Portion of City Council Resolution 99-42 and Acknowledgingthe City Council’s Resumption of Economic Development Responsibilities (0410-05)

Cathy Schlicht, M.V.: expressed opposition to the Council's intention to remove economic development duties from the Planning and Transportation Commission.

Motion made by Council Member MacLean, seconded by Mayor Reavis, to adopt Resolution 07-07 Repealing a Portion of City Council Resolution 99-42 and Acknowledging the City Council’s Resumption of Economic Development Responsibilities in the City of Mission Viejo.
On roll call, said motion carried by the following vote:
AYES: Kelley, MacLean, Ledesma, Reavis
NOES: Ury
ABSENT: None

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

16. Orange County Fire Authority (OCFA) Report (0410-40)
Received the report from Council Member Kelley.

17. Foothill/Eastern Transportation Corridor Agency Report (0410-40)
Received the report from Council Member MacLean.

18. San Joaquin Hills Transportation Corridor Agency Report (0410-40)
Mayor Reavis announced that there has not been a recent meeting of the San Joaquin Hills Transportation Corridor Agency and there was nothing to report at this time.

STAFF REPORTS

City Manager’s Report

19. Solid Waste Ad Hoc Committee (0410-45)
By consensus, the City Council reinstated the Construction & Demolition (C&D) Ad Hoc Committee and changed the name to the Solid Waste Ad Hoc Committee. Mayor Reavis appointed Mayor Pro Tem Ledesma and Council Member MacLean to serve on the ad-hoc committee.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

20. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70)
The City Council Members acknowledged the accuracy of their event and activities calendars as presented in the staff report. Mayor Reavis and Mayor Pro Tempore Ledesma announced that they have changes to their reports and will submit updates to the City Clerk for the public record.

Council Member Kelley

Announced that she and Council Member MacLean attended the League of Cities conference in Sacramento last week and she found it a great opportunity to network with officials from other cities and to meet newly elected officials. Outlined her attendance at the Elks Appreciation Dinner where various members of law enforcement and firefighter teams were honored. Stated that she feels very comfortable knowing that these public servants are out there protecting us and she thanked the Elks for honoring them with such a nice event. Reminded members of the senior community that the senior transportation program is being launched and more information is available by calling (949) 470-8412. Announced that the Relay for Life kickoff will be held on February 9, 2007, and she invited those interested in serving on the committee or finding out how to be involved, to contact her for more information. Reminded residents that Fun with Chips, a fundraiser in preparation for Fun with Chalk, will be held on February 24, 2007. Thanked the volunteers who serve the City and asked the community to pause and remember Martin Luther King, Jr., on this day, his birthday.

Council Member MacLean

Stated that he brought back some valuable information from the League of Cities conference in Sacramento and he has shared it with staff and his colleagues, hoping that we can institute a more effective, open government.

Council Member Ury

Asked Mayor Reavis to adjourn the meeting in memory of Cindy Stokes, former Mission Viejo library employee.

Mayor Pro Tempore Ledesma

Requested that tonight’s meeting be adjourned in memory of Martin Luther King, Jr., in addition to the other citizens the Mayor plans to recognize.

Mayor Reavis

Discussed her attendance at the Elks Lodge dinner and congratulated the well-deserving Sheriff's Department and Orange County Fire Authority award recipients. Announced that the City will host a Disaster Preparedness Training course on February 4, 2007, and that more information is available by calling the City Manager’s office. In conjunction with the City’s disaster preparedness plan, emergency kits will be distributed to seniors at the Norman P. Murray Community and Senior Center in 2007. Congratulated the participants in the Model UN program and stated that it was very fulfilling to see young people talking about world events in such an intelligent and insightful way. Announced that the Chambers of Commerce will host their annual “This is our Town” breakfast on Thursday February, 19, 2007, at 7:30 a.m. at the Mission Viejo Country Club.

ADJOURNMENT

At the hour of 8:49 p.m., Mayor Reavis adjourned the meeting in memory of Major Megan McClung, Cynthia Stokes, Larry Sherry, and Martin Luther King Jr., to January 29, 2007, at 5:00 p.m. for a Master Financial Plan/Long Range Goals Workshop.

_________________________________ Karen Hamman, City Clerk