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

January 7, 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 7, 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 January 3, 2008, 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

INVOCATION: Council Member MacLean

PLEDGE OF ALLEGIANCE: Council Member Ledesma

CLOSED SESSION

Conference with Legal Counsel-Anticipated Litigation Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Two potential cases.

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Kelley declared a recess to Closed Session at 5:04 p.m. The City Council reconvened in open session at 6:07 p.m.

REPORT OF CLOSED SESSION

City Attorney Curley announced that there was no reportable action for the first item under consideration. The second item was a matter for Council consideration of pursuing remedies against Southern California Edison (SCE) and advancing administrative appeals to the California Public Utilities Committee (CPUC) regarding EMF levels from the Viejo System project power lines. There had been complaints that the power lines were not acting as reported by SCE and Mr. Curley stated that two independent consultants tested EMF levels, concluding that SCE’s numbers were accurate and that the lines are acting as predicted. This information will be available on the City’s web site and/or in the City Clerk’s office and consultants Michael Hiles and Cindy Sage will attend the next City Council meeting to brief the Council on their findings.

PRESENTATIONS

The ceremonial items were taken out of order, as follows.

P1. Presentation to Former Mayor Reavis
Mayor Kelley presented a gavel plaque to former Mayor Reavis.

P3. Presentation of Award Received for the City’s 2006 Comprehensive Annual Financial Report from the Government Finance Officers Association of the United States and Canada
Assistant City Manager/Director of Administrative Services Irwin Bornstein and Accounting Manager Bob Barry presented the award to Mayor Kelley.

P4. Proclamation Recognizing the Orange County Sheriff’s Department - Mission Viejo Police Services for Providing Outstanding Law Enforcement Services in Mission Viejo
Mayor Kelley presented the proclamation to Lt. Steve Bernardi.

P2. Opening Remarks by Mayor Kelley
Mayor Kelley highlighted her goals for 2008.

PUBLIC COMMENTS

Fred Peters, M.V.: asked the City Council to reject any proposals that would result in the closure of the Casta del Sol golf course.

Cathy Schlicht, M.V.: expressed disappointment that the City has enacted a time extension while processing her request for public records relating to the recent branding study.

Joyce Saltzgiver, President of the Casta del Sol Homeowner’s Association: announced that she has heard that Sunrise discontinued its pursuit of the Casta del Sol golf course and asked the City Council to keep the residents informed of any new interest in the property.

CONSENT CALENDAR

Items 13 and 15 were removed from the Consent Calendar for separate discussion.

Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to 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 December 3, 2007, as presented.

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

4. Check Register dated November 16, 2007, in the amount of $2,183,511.83
Ratified the accompanying check register.

5. Check Register dated November 23, 2007, in the amount of $934,459.90
Ratified the accompanying check register.

6. Check Register dated November 30, 2007, in the amount of $1,199,919.04
Ratified the accompanying check register.

7. Check Register dated December 7, 2007, in the amount of $1,821,113.91
Ratified the accompanying check register.

8. Claim Against the City - Anthony Domenico
Rejected claim.

9. City Treasurer’s Monthly Report for October 2007
Received and filed.

10. Community Development Agency (CDA) Treasurer’s Monthly Report for October 2007
Received and filed.

11. Mission Viejo Community Development Financing Authority (CDFA) Treasurer’s Monthly Report for October 2007
Received and filed.

12. Mileage Reimbursement
Approved Resolution No. 08-01, Adopting the 2008 Standard IRS Mileage Reimbursement Rate of 50.5 Cents Per Mile Effective January 8, 2008.

14. Renewal of Orange County Fire Authority (OCFA) Joint Powers Authority Agreement
Approved the First Amendment to the Amended Joint Powers Authority Agreement with the Orange County Fire Authority

16. All City Management-Crossing Guard Contract
Approved First Amendment to Contract A07-67 with All City Management adding one crossing guard at Aldeano Drive/Ladera Drive and two crossing guards at La Paz Road/Mosquero Lane and increasing the contract amount by $29,894 for Fiscal Year 2007-2008 and $29,894 for Fiscal Year 2008-2009.

17. Go Local Program
Adopted Resolution 08-03 Amending the Fiscal Year 2007-2008 Operating Budget for Transportation Planning Go Local Program.

18. First Amendment to the Assistant City Manager/Director of Administrative Services Employment Agreement
Approved the First Amendment to the Assistant City Manager/Director of Administrative Services Employment Agreement.

RECESS

Mayor Kelley declared a recess at 7:46 p.m. The City Council reconvened at 7:55 p.m. with all five City Council Members present.

PUBLIC HEARINGS

19. Appeal of Planned Development Permit PDP2007-189 filed by filed by Council Member Lance MacLean of the Planning and Transportation Commission’s November 12, 2007 denial of a petition submitted by Julie Gutierrez of Sequoia Deployment Services, agent for T-Mobile, to construct a wireless telecommunication facility at Gilleran Park, 24960 Felipe Road, in the R (Recreation) zone.
Director of Community Development Chuck Wilson presented the staff report.
All five City Council Members indicated that they have visited the site that is being considered this evening.

Mayor Kelley opened the public hearing.

Joe Thompson, Zoning and Government Affairs Manager for Applicant T-Mobile, Santa Ana: stated that T-Mobile is attempting to better serve its customers and outlined reasons for choosing this site for the proposed cell tower.

The following spoke in opposition to a wireless telecommunication facility at Gilleran Park: John Bovee, M.V.; Cathy Schlicht, M.V.; Dan Goldberg, M.V.; Bob Ollry, M.V.; Wood Lin, M.V.; Michael Heusler, M.V.; and Haya Sakadjian, Laguna Niguel.

The following spoke in support of a wireless telecommunication facility at Gilleran Park: Arthur Cook, M.V. (suggested the cell tower be located on the east side of the park, away from the road); B.P. Hanrath, M.V.; Eric Cheung, M.V.; and Michael Collier, M.V.

The following presented written comments in opposition to the proposed project: Jon and Joy Ninke, M.V.; Wilbur and Elizabeth Smith, M.V.; Nancy Pirmoradi, M.V.; and David Pirmoradi, M.V.

Joe Thompson, Zoning and Government Affairs Manager for Applicant T-Mobile, Santa Ana: provided rebuttal comments and stated that T-Mobile uses the best technology available in designing its cell towers. Refuted statements that he withdrew a prior application and he offered to provide a list of complaints regarding dropped calls in this area.

Mayor Kelley closed the public hearing.

Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to approve the Appeal and Approve Planned Development Permit PDP2007-189 Submitted by Julie Gutierrez of Sequoia Deployment Services, Agent for T-Mobile USA, to Locate 6 New Panel Antennas Upon, and Lease 322 Square Feet of Equipment Space Adjacent to, a Replacement 65’ Tall Sports Field Light Standard Located in Lower Gilleran Park at 24960 Felipe Road in the City’s R (Recreation) Zone.

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

OLD BUSINESS

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

Motion made by Mayor Pro Tem Ury, seconded by Council Member Ledesma, to authorize issuing purchase orders for furnishings for the Norman P. Murray Community and Senior Center to Tangram in the amount of $95,847.35 and to KI, one of their suppliers, in care of Tangram, in the amount of $150,539.84 for a total amount of $246,387.19.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR

13. Community Development Department Fiscal Year 2007-2008 Budget Amendment to cover expenses associated with the Casta Del Sol Golf Course Scope of Work/Task List.
Director of Community Development Chuck Wilson presented the staff report.

Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to adopt Resolution No. 08-02 Amending the Fiscal Year 2007-2008 Budget to Cover Expenses Associated with the Casta Del Sol Golf Course Scope of Work/Task List.

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

15. Inclusion of Mission Viejo Olympic Medalist Walter Ris at Florence Joyner Olympiad Park

Chuck Costello, M.V.: stated that Wally Ris was his friend and that this is a great honor to a great man.

Motion made by Mayor Kelley, seconded by Council Member MacLean, to approve the inclusion of Mission Viejo Olympic Medalist Walter Ris in the Olympic-Themed Plaza located within Florence Joyner Olympiad Park.

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

NEW BUSINESS

21. City Council Committee Representative Appointments
Mayor Kelley appointed representatives/alternates to the following committees: 

(1) Foothill/Eastern Transportation Corridor Agency – Council Member MacLean, Representative and Council Member Ledesma, Alternate.

(2) Measure M Growth Management Area 9 and 10 Interjurisdictional Forum – Mayor Pro Tem Ury, Representative and Council Member Ledesma, Alternate.

(3) San Joaquin Hills Transportation Corridor Agency – Council Member Ledesma, Representative and Mayor Kelley, Alternate.

(4) California Joint Powers Insurance Authority – Council Member Reavis, Representative, Council Member Ledesma, Alternate and Assistant City Manager/Director of Administrative Services Bornstein, 2nd Alternate.

(5) Orange County Fire Authority Board of Directors – Mayor Kelley, Representative and Council Member Ledesma, Alternate.

(6) Orange County Council of Governments General Assembly – Council Member Ledesma, Representative and Council Member Reavis, Alternate.

(7) Transportation Corridor System – Mayor Pro Tem Ury, Representative and Mayor Kelley, Alternate.

(8) League of California Cities and Orange County Division of the League of California Cities – Mayor Kelley, Representative and Mayor Pro Tem Ury, Alternate.

(9) South Orange County Major Investment Study (SOCMIS) Policy Working Group – Mayor Pro Tem Ury, Representative and Council Member Reavis, Alternate. By consensus, the City Council ratified the appointments.

22. City Ad Hoc Committee Review

Mayor Kelley reviewed Ad Hoc Committees and made the following appointments and modifications:

YMCA Negotiations – Mayor Pro Tem Ury and Council Member Reavis.
Affordable Housing – Mayor Pro Tem Ury and Council Member MacLean.
Senior Transportation – Mayor Kelley and Mayor Pro Tem Ury.
CUSD – Mayor Kelley and Council Member Reavis.
Economic Development – Mayor Kelley and Council Member Ledesma.

Mayor Kelley disbanded the San Juan Traffic and the Mission Viejo High School Parking Permit Ad Hoc Committees. Mayor Kelley announced that she would like to bring back, for future consideration, formation of a CUSD Citizens Committee to provide residents an opportunity to air concerns and ask questions of the Superintendent.

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

23. Orange County Fire Authority (OCFA) Report
Received the report from Mayor Kelley.

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

25. San Joaquin Hills Transportation Corridor Agency Report
Received the report from Council Member Ledesma.

26. Vector Control Board Report
Received the report from Council Member Reavis.

STAFF REPORTS

City Manager’s Report

City Manager Wilberg announced that the electronic message board is now operational. Messages this week and next week will be very basic, however the City looks forward to providing greater information to its residents than the previous board would accommodate.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

27. 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 Ledesma
Stated that he is looking forward to a great 2008.

Council Member MacLean
Reiterated Council Member Ledesma's comments.

Council Member Reavis
Asked Mayor Kelley to adjourn tonight’s meeting in memory of Yesenia Orozco who was killed in an automobile accident just prior to Christmas. Drew attention to a letter that the Council received from Supervisor Chris Norby’s office regarding the County’s Information Technology Needs Assessment for wireless capabilities and asked the Mayor and/or City Manager to keep the Council informed. Stated that it was a pleasure and an honor to serve as Mayor last year and she looks forward to an eventful year ahead.

Mayor Pro Tem Ury

Mayor Kelley
Invited those who are interested in learning more about the 2008 Relay for Life to attend the kick-off event at 6:00 p.m. on January 18, 2008, at Infinity of Mission Viejo on Marguerite Parkway. Welcomed Administration Deputy Darren Sandberg to Mission Viejo Police Services. Thanked members of the Mission Viejo Activities Committee for giving their time and for providing a wonderful Santa’s workshop for the residents.

ADJOURNMENT

At the hour of 9:13 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting in memory of Earle Kennedy, Bea Levine and Yesenia Orozco.

Karen Hamman, City Clerk
Approved at the meeting of January 21, 2008