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MISSION VIEJO MINUTES 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 February 4, 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 February 1, 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: Absent: Staff Present: CLOSED SESSION City Attorney Bill Curley announced that there is no need, at this time, for the City Council to address item CS1 in Closed Session. CS1. 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 At the hour of 5:02 p.m., Mayor Kelley declared a recess. The City Council reconvened at 6:02 p.m. with all five City Council Members present. PLEDGE OF ALLEGIANCE: Council Member MacLean INVOCATION: Chaplain Richard Atkinson REPORT OF CLOSED SESSION City Attorney Bill Curley announced that there was no Closed Session meeting this evening and therefore he had nothing to report. PRESENTATIONS P1. Recognize 2007 Employees of the Year P2. Recognize Richard Atkinson as Chaplain of the Year for the Orange County Sheriff’s Department PUBLIC COMMENTS Joyce Saltzgiver, President of the Casta del Sol Homeowners Association, M.V.: announced that she is in the process of setting up a blog for information concerning the Casta del Sol Golf course, savecdsgolfcourse.blogspot.com. Cathy Schlicht, M.V.: expressed concern that email messages the City receives in reference to a particular Agenda item are not always acknowledged in the City Council Minutes. CONSENT CALENDAR Items 6 and 10 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: 1. Waive Reading of Ordinances and Resolutions 2. City Council Minutes 3. Check Register dated January 11, 2008, in the amount of $1,386,483.49 4. Check Register dated January 18, 2008, in the amount of $2,477,528.17 5. Amendment to the California Public Employees’ Retirement System (CalPERS) contract to provide Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit). 7. Trust Agreement Governing the City of Mission Viejo Benefit Trust 8. General Plan Progress Report for 2007 9. Olympiad Road Pavement Rehabilitation (CIP 201) 11. Animal Shelter Shade Structure (CIP 301) PUBLIC HEARINGS NEW BUSINESS 13. Southern California Association of Governments (SCAG) Draft 2008 Regional Transportation Plan (RTP) The City Council received a presentation from Hasan Ikhrata, SCAG Executive Director. Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to authorize the City Manager to transmit a letter of comment to SCAG on the draft 2008 Regional Transportation Plan, prior to the February 19, 2008, deadline for comment (Attachment 1 of the Agenda Report). On roll call, said motion carried by the following vote: 14. Membership in the Southern California Association of Governments (SCAG)
Motion made by Council Member Ledesma, seconded by Council Member MacLean, to approve the membership agreement (A08-03) with the Southern California Association of Governments (SCAG) and designate two Councilmembers to serve as Delegate and Alternate representatives for the General Assembly Business session on May 8, 2008. 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 Mayor Kelley appointed herself as delegate and Mayor Pro Tem Ury as alternate to the SCAG General Assembly Business session on May 8, 2008. RECESS Mayor Kelley declared a recess at 7:10 p.m. The City Council reconvened at 7:21 p.m. with all five City Council Members present. 15. Interim and Urgency Ordinance Prohibiting Above Surface Equipment (Telecommunications) Within Public Right-of-Way City Attorney Bill Curley presented the staff report. The following answered questions of the City Council: William Rudell, Richards Watson and Gershon; Jonathan L. Kramer, Esq., Kramer Telecom Law Firm, P.C.; and Joe Ames, Associate Engineer. Motion made by Council Member Ledesma, seconded by Council Member Reavis, to adopt Urgency Ordinance 08-266 Declaring and Imposing a Moratorium on the Issuance of Encroachment Permits or Similar Entitlements for, and the Construction of, all Equipment Cabinets of Video Service Providers Proposed to be Located Above Grade Within the Public Right-Of-Way During the Term of This Interim Ordinance, and Declaring the Urgency Thereof. 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 OLD BUSINESS 12. Capistrano Unified School District (CUSD) Correspondence Regarding Funding Utilization and Expenditures Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report. Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to approve the letter as presented in the Agenda Report (Exhibit C) with the addition of a paragraph noting that CUSD did not apply for available state match funds for Mission Viejo schools. 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 ITEMS REMOVED FROM THE CONSENT CALENDAR 6. City Council/Personnel Policies Regarding Retiree Health Insurance Benefits City Manager Wilberg provided background on the proposed changes to the City's health benefits. Motion made by Mayor Kelley, seconded by Council Member Ledesma, to adopt Resolution No. 08-09, Amending the Employee Compensation Section of the Management and Budget Policies, Amending the City Council Policy Manual to include said Revisions, and Adopting a Personnel Policy regarding Retiree Health Insurance Benefits. On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Council Member Ledesma, Council Member MacLean, and Council Member Reavis 10. Rate Adjustment for Solid Waste Delivered to Southeast Resource Recovery Facility Senior Management Analyst Denise Matson presented the staff report. David Ross, Waste Management of Orange County, Irvine: answered questions of the City Council. Motion made by Council Member Reavis, seconded by Mayor Pro Tem Ury, to adopt Resolution 08-11 Approving the Proposed Rate Adjustment for Solid Waste Delivered to Southeast Resource Recovery Facility (Waste-to-Energy) for Disposal (from $58.10 to $61.83) Effective Immediately. 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 MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 16. Orange County Fire Authority (OCFA) Report 17. Foothill/Eastern Transportation Corridor Agency Report 18. San Joaquin Hills Transportation Corridor Agency Report 19. Vector Control Board Report STAFF REPORTS City Manager’s Report 20. Laguna Niguel/Mission Viejo Metrolink Station City Manager Dennis Wilberg outlined the February 1, 2008, letter from the City of Laguna Niguel to the Orange County Transportation Authority requesting reconsideration of the OCTA Policy requiring host cities to pay costs for operation and maintenance of Metrolink Station parking and related facilities. By consensus, the City Council expressed their support for the City of Laguna Niguel’s efforts and directed the City Manager to communicate that support to both the City of Laguna Niguel and to OCTA. City Attorney’s Report COUNCIL MEMBER COMMENTS 21. 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 22. Mission Viejo Solar Energy Education Project Council Member Ledesma presented his report. Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, to (1) adopt the "Mission Viejo Solar Energy Education Project", (2) direct staff to determine what may be done by the City to assist residents in evaluating residential and commercial solar systems, and (3) make the fee waiver for solar power implementation permanent. 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 By consensus, the City Council directed staff to return with a scope of work within 60 days. Council Member Reavis Thanked Transportation Manager Shirley Land for a recent meeting she hosted to provide information on the modern day roundabout. The meeting was very educational and well attended and Ms. Land did a fine job of explaining the limitations of traffic circles. Asked Mayor Kelley to adjourn tonight’s meeting in memory of John Thomas, father of Kate Keena and Barbara Thomas. Council Member MacLean Reminded residents of the important Coastal Commission Meeting on Wednesday, February 6, 2008, regarding the 241 Foothill South Toll Road. Mayor Pro Tem Ury Mayor Kelley Congratulated Mission Viejo's Kina Grannis whose musical video was aired on television as part of the Doritos "Crash the Super Bowl" challenge during Sunday’s football game. Reminded residents of the Fun With Chalk fundraising event, Fun With Chips, this Saturday, February, 9, 2008. Announced that February’s Community of Character word of the month is unity. ADJOURNMENT At the hour of 9:28 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting in memory of John Thomas to February 18, 2008. Karen Hamman, City Clerk |
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