MISSION VIEJO MINUTES
City Council, Community Development Agency,
Community Development Financing Authority,
Public Improvement Corporation,
and Library Board of Trustees*
September 17, 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 pm, on September 17, 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 September 12, 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:

CLOSED SESSION

Pursuant to Government Code Section 54956.9(a) Pending Litigation (litigation to which local agency is a party and has been initiated formally) and Section 54956.8 (Conference with Real Property Negotiator). Litigation: Confer with City Attorney and Special Counsel regarding pending litigation, Mejia v. City of Mission Viejo, et al, pending in Orange County Superior Court (OCSC), Case No. 06CC05478 filed April 26, 2006. 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). 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: CDA Negotiators on behalf of Community Development Agency of the City of Mission Viejo; and Ralph Deppisch, The Steadfast Companies. 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. Factors Affecting Price and Terms under Negotiation: (1) Recorded covenants, (2) Scope of development of Property, and (3) Affordable housing requirements. Factors affecting time of payment: (1) Conditions to closing, (2) Due diligence period, and (3) Schedule of Development and Development of Affordable Housing.

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.

Public Employee Performance Evaluation of the Incumbent for the Position of City Attorney Pursuant to Government Code Sections 54957 and 54957.6

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Reavis recessed the meeting to Closed Session at 5:04 p.m. The City Council reconvened in open session at 6:05 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

Recognize Mission Viejo’s Community Recycling Program Award Winner
Michelle Clark, Waste Management of Orange County, announced that senior citizen resident Kiyoshi Shimokaja was the winner of the Recycling Program Award.

Community of Character Awards

Mayor Reavis and Cindy Hurley, Vice Chairman of the Community of Character Committee, presented the awards to Debbie Little and the family of Norman P. Murray.

PUBLIC COMMENTS

Larry Gilbert, M.V.: read from a City Press Release dated October 29, 2004, regarding the cost of expanding the Norman P. Murray Community and Senior Center and he questioned the latest budget and change orders on a project that is now estimated at $13,000,000.

Bob Holtzclaw, Lake Forest: discussed the Day Laborer site on Jeronimo and outlined problems that occur there.

Jeff McBride, M.V.: expressed concern with the condition of playground equipment at Pacific Hills Park and asked when the City plans to upgrade that equipment.

Lamar Kelsoe, M.V.: expressed frustration with a recent power outage at his home and the difficulty he encountered while trying to find resolve to the matter.

Cathy Schlicht, M.V.: stated that the City Council created a whole new "cellular division" when it approved an agreement with ATS Communications for a Cellular Master Plan.

Anna Marie Martin, M.V.: thanked City Council Members for voting against the proposed parking permit program near Mission Viejo High School.

CONSENT CALENDAR

Motion made by Council Member MacLean, 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 September 4, 2007, as presented.

3. Check Register dated August 24, 2007, in the amount of $1,515,708.77
Ratified the accompanying check register

4. Check Register dated August 31, 2007, in the amount of $727,027.06
Ratified the accompanying check register.

5. City Treasurer’s Monthly Report for July 2007
Received and filed.

6. Community Development Agency Treasurer’s Monthly Report for July 2007
Received and filed.

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

8. Closure and Holiday Dates for December 2007 and Calendar Year 2008 for the Mission Viejo Library
Approved Closure and Holiday Dates for December 2007 and Calendar Year 2008 for the Mission Viejo Library

9. Financial Report for the City of Mission Viejo - For the Year Ended June 30, 2007 (Preliminary-Unaudited)
Received and filed.

10. Financial Report for the Community Development Agency - For the Year Ended June 30, 2007 (Preliminary-Unaudited).
Received and filed.

11. Financial Report for the Community Development Financing Authority - For the Year Ended June 30, 2007 (Preliminary-Unaudited)
Received and filed.

12. City Treasurer’s Annual Report for Fiscal Year 2006-07 and Annual Review of City’s Investment Policy
(1) Received and filed the accompanying City Treasurer’s Annual Report for fiscal year 2006-07; 2) adopted Resolution 2007-51 Approving the City’s Investment Policy for FY 2007-08; and 3) set the Benchmark Index for FY 2007-08 to be a Government Securities Index comprised of 50% three-month Treasury Bills; 35% Treasury and Agency securities with maturities greater than one year and up to three years; and 15% Treasury and Agency securities with maturities greater than 3 years and up to five years.

13. Treasurer’s Annual Report for Fiscal Year 2006-07 and Annual Review of the Community Development Agency (CDA) Investment Policy (1) Received and filed the accompanying Treasurer’s Annual Report for fiscal year 2006-07; and (2) adopted CDA Resolution 07-08 Approving the Agency’s Investment Policy for FY 2007-08.

14. Treasurer’s Annual Report for Fiscal Year 2006-07 and Annual Review of the Community Development Financing Authority (CDFA) Investment Policy   (1) Received and filed the accompanying Treasurer’s Annual Report for fiscal year 2006-07; and (2) adopted CDFA Resolution 07-02 Approving the Authority’s Investment Policy for FY 2007-08.

15. Replacement of Site Fencing and Safety Netting - CIP (304)
(1) Awarded contract for the subject project to MJ Contractors, Inc. in an amount of $ 232,505.00; and (2) adopted Resolution 07-52 Amending the Fiscal Year 2007-2008 CIP Budget for Replacement of Site fencing and Safety Netting.

16. City Manager’s Credit Card Authority
Adopted Resolution 07-53 Authorizing the Use of the City Manager?s Corporate Credit Card for Certain Business Travel Costs for the City Council and City Manager.

17. Norman P. Murray Community and Senior Center Expansion (CIP 994)
Approved Change Order #10 to Douglas E. Barnhart, Inc. in the amount of $21,207 for additional construction costs.

18. California Joint Powers Insurance Authority Membership for the Marin County Open Space District
Approved the membership application of the Marin County Open Space District to join the California Joint Powers Insurance Authority.

19. California Joint Powers Insurance Authority Membership for the Pomona Valley Transportation Authority
Approved the membership application of the Pomona Valley Transportation Authority to join the California Joint Powers Insurance Authority.

PUBLIC HEARINGS

20. Review of Draft Wireless Master Plan Prepared for the City of Mission Viejo by ATS Communications.
Director of Community Development Chuck Wilson presented the staff report.

Tony Ingegneri, ATS Communications, Lake Forest: provided a summary of the Wireless Master Plan.

The following spoke in opposition to cell towers in parks, schools and near homes: Franceskay, Soren, Dane, and Holland Allebes, M.V.; Kyle Russo, M.V.; Kopitzee Thornton, M.V.; Haya and Noah Sakadjian; Cathy Schlicht, M.V.; Jaye Salvin, M.V.; Larry Gilbert, M.V.; Barbara Anderson, M.V.; Marianne Miller, M.V.; John Bovee, M.V.; Kraig Enyeart, M.V.; Bob Ollry, M.V.; Keith Tnominen, M.V.; Dan Goldberg, M.V.; Kathy Lenney, M.V.; Carmen, Kyla and Jolie (last name was not stated) M.V.; Harry, Cole and Jacob Robinson, M.V.; and Carmen Robinson, M.V.

The following spoke in support of the Cellular Master Plan and stated that cell towers are safe for city parks: Joe Thompson, representing T-Mobile.

The following presented written comments in opposition to the Cellular Master Plan and the placement of cell towers in City parks: Barb Anderson, M.V; Gail and Dan Riekes, M.V; Wood Lin, M.V; Lori Margolis, M.V; Todd and Mona Farrand, M.V; Melody Warner, M.V; James A. Hughes, Sr., M.V; Nancy Huges, M.V; Mr. and Mrs. Joseph Boyle, M.V; Ramon and Peggy Sanchez, M.V; Nick and Julie Richards, M.V; Frank Semelsberger, M.V; Werner Raes, M.V; Jeonne Heinshchel, M.V; Nancy Schramm, M.V; Connie Lee, M.V; Teresa Shoda, M.V; Kathe VanHoffen, M.V; Sue McNair, M.V; Isabel Garcia, M.V; Sharon Campbell, M.V; Barbara Casserly, M.V; June Donovan, M.V; Virgil Derring, M.V; Shelley Wiese, M.V; The Abregov Family, M.V; Rob and Bessy Ferrell, M.V; Linda Smith, M.V; Bob and Terry Mutchnick, M.V; Kopitzee Thornton, M.V; George and Deborra Singletary, M.V; Trena Hendrickson, M.V; Kristin Russo, M.V; Sheila Youngberg, , M.V; Patrick and Gamjai Revere, M.V; Robert Krause, M.V; Donna Krause, M.V; Kristin Carroll, M.V; Harry Robinson, M.V; Cathy Schlicht, M.V; Cole, Jacob, Kyla and Jolie Robinson, M.V.; and Yvonne Hensler Galvez, M.V.

RECESS

At the hour of 8:10 p.m., Mayor Reavis declared a recess. The City Council reconvened at 8:23 p.m. with all five City Council Members present.

Motion made by Council Member Kelley, seconded by Mayor Pro Tempore Ledesma, to receive and file the Cellular Master Plan and make modifications as follows: (1) emphasize goal #1 of the Wireless Master Plan which is to maximize co-location thereby minimizing the need for additional towers and to thoroughly explore existing sites, especially commercial and private locations, to limit the possibility of placing towers where they can be avoided; (2) eliminate goal #4 which is to increase revenue to the City of Mission Viejo; and (3) eliminate neighborhood parks and recreation centers from the study and to ask staff not to pursue those areas. By consensus, the City Council requested that the motion be divided.

Motion made by Council Member Kelley, seconded by Council Member Ury, to receive and file the Cellular Master Plan and make modifications as follows: (1) emphasize goal #1 of the Wireless Master Plan which is to maximize co-location thereby minimizing the need for additional towers and to thoroughly explore existing sites, especially commercial and private locations, to limit the possibility of placing towers where they can be avoided; and (2) eliminate goal #4 which is to increase revenue to the City of Mission Viejo.

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 she believes the document is incomplete and unclear.

Motion made by Council Member Ury, seconded by Council Member Kelley, to remove the following parks from possible consideration for future cell site development: Coronado Park, Minaya Park, Napoli Park, Crucero Park, Seville Park and Vista del Lago Open Space; and (2) direct staff to return with an amendment to the ATS contract to remove the restrictions regarding the marketing of private sites that currently exist in the contract with ATS.

On roll call, said motion carried by the following vote:
AYES:
Council Member Kelley, Council Member Ury, and Mayor Reavis
NOES:
Council Member MacLean, and Mayor Pro Tempore Ledesma
ABSENT:
None

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

21. Orange County Fire Authority (OCFA) Report
Received the report from Council Member 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 Mayor Pro Tempore Ledesma.

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

STAFF REPORTS

City Manager’s Report

25. Establishment of 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

City Manager Dennis Wilberg presented the staff report and drew the Council’s attention to the Mayor’s letter to the new Superintendent of the Capistrano Unified School District, requesting placement of a proctor at the easement locations. By consensus, the City Council continued this matter to City Council meeting of October 1, 2007.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

26. Council Member Reports of Events and Activities Attended
The City Council Members acknowledged the accuracy of their event and activities calendars presented in the staff report. Mayor Reavis and Council Member Kelley announced that they changes to their calendars which they will submit to the City Clerk for the public record.

Council Member Kelley
Stated that she recently met with OCTA representatives to discuss their ACCESS program and how it relates to the City’s Senior Transportation Program. During the meeting she shared concerns that she has heard from Mission Viejo residents and OCTA provided documentation on improvements to the program and evidence of declining complaints. They discussed how the City might receive funding for its own transportation program and scheduled a follow-up meeting to share the same information with the City’s Senior Transportation Committee. Discussed her attendance at recent events in the community and thanked the Mission Viejo Foundation Board Members, the volunteers, and those who supported the Foundation by attending the recent fundraising golf tournament.

Council Member MacLean
Council Member Ury
Mayor Pro Tempore Ledesma

Mayor Reavis
Reminded residents that the Business Showcase will be held on Wednesday, September 19, 2007 from 3:00 to 7:00 p.m. at the Shops at Mission Viejo. Discussed her attendance at various events in the community and encouraged residents to have their families prepared for an emergency.

ADJOURNMENT

At the hour of 10:03 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting to Monday, October 1, 2007, at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the meeting of October 1, 2007