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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 5:02 pm, on February 18, 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 15, 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: PLEDGE OF ALLEGIANCE: Council Member Reavis INVOCATION: Mayor Pro Tem Ury CLOSED SESSION Conference with Legal Counsel-Anticipated Litigation Initiation of Litigation Pursuant to Subdivision (c) of Section 54956.9: One Potential Case. RECESS TO CLOSED SESSION AND RECONVENE Mayor Kelley recessed the meeting to Closed Session at 5:05 p.m. The City Council reconvened in open session at 6:02 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 but there was no reportable action. PRESENTATIONS P1. Recognize the 5th Anniversary of the Community of Character Committee P2. Report on the Operations and Functioning of the Southern California Edison Viejo System Facilities in the City of Mission Viejo Michael Hiles, President of Field Management Services Corporation, Los Angeles: presented findings from his study of the Viejo System Project. Cindy Sage, Sage EMF Design Environmental Consultants, Santa Barbara/Mammoth Lakes: presented findings from her study of the Viejo System Project. The following spoke in opposition to the assertion that SCE has met its obligation to reduce EMF and/or expressed support for a proposal that the City return to the California Public Utilities Commission to report non-compliance: Diane Greenwood, M.V.; Joe Holtzman, M.V.; Larry Gilbert, M.V.; Cathy Schlicht, M.V.; David Bartholomew, Dana Point; Rebecca Scales, M.V.; Maria Klein, M.V.; and Max McDougall, M.V. The following stated that there is no factual basis behind the assertion that an Electromagnetic Field (EMF) causes cancer: Anthony Trujillo, Tustin. The following presented written comments in opposition to the Viejo System Project: Karen Byrne, M.V.; Barbara Anderson, M.V.; and Allan Pilger, M.V. (by email on February 18, 2008). Consultants Michael Hiles and Cindy Sage answered questions of the City Council and made rebuttal comments. By consensus, the City Council directed the City Attorney to bring this matter back at a future Council Meeting to determine whether or not the City will file a petition with the California Public Utilities Commission (CPUC) requesting that the Viejo System Project case be reopened. City Attorney Bill Curley suggested that the Mayor consider forming an ad hoc committee to address issues related to the Viejo System and EMF concerns. The committee can be formed and members identified when this matter comes back to the City Council at the next meeting. RECESS Mayor Kelley declared a recess at 8:58 p.m. The City Council reconvened at 9:13 p.m. with all five City Council Members present. PUBLIC COMMENTS Joe Holtzman, M.V.: announced that citizen Milt Jacobson passed away last week and suggested that the City consider naming a facility or park after Mr. Jacobson. Larry Gilbert, M.V.: expressed concern that there is another $300,000 change order for the Norman P. Murray Community and Senior Center on the Consent Calendar this evening. Cathy Schlicht, M.V.: asked the City Council to place signs in city parks to warn users that EMF is emitted by power lines. Joyce Saltzgiver, President of the Casta del Sol Homeowner’s Association, M.V.: thanked Mayor Kelley for placing item #20 on the Agenda this evening. Harry Lenczyk, M.V.: discussed the positive property value impact of the Casta del Sol golf course in his neighborhood and stated that the proposed sale of the golf course equates to decreased property values. NEW BUSINESS 20. A Moratorium on the Change of Use for All Recreation and Open Space Land Within the City Pending Further Study City Attorney Bill Curley presented the staff report. The following spoke in favor of maintaining the Casta del Sol golf course and in opposition to a potential rezoning of the property: W.W. Tex Shannon, M.V.; Dale Tyler, M.V.; Joe McCabe, M.V.; Gregory Semos, M.V.; Wesley Hylen, M.V.; and Helen Workun, M.V. The following presented written comments in favor of keeping the Casta del Golf Course open: Danian Hopp, M.V.; Patricia Walburg, M.V.; Roxanne Spafford, M.V.; and Bryan Spafford, M.V. Motion made by Council Member Reavis, seconded by Mayor Kelley, to adopt Urgency Ordinance 08-267 Declaring and Imposing a Moratorium on the Granting of any Requests for Changes to the General Plan and/or any Specific Plans, Changes of Zone, and any and all Land Use Entitlements Regardless of Type or Title, Together With all Building Permits or Similar Entitlements for, Upon or Applying to any Land Designated as, or Improved as Recreational and/or Open Space Within the City of Mission Viejo 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 CONSENT CALENDAR Item 17 was removed from the Consent Calendar for separate discussion. Motion made by Mayor Pro Tem Ury, seconded by Council Member Ledesma, 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 1. Waive Reading of Ordinances and Resolutions 2. City Council Minutes 3. Summary of FY 2007-08 Budget Amendments To Date 4. Check Register dated January 25, 2008, in the amount of $2,474,141.10 5. Check Register dated February 1, 2008, in the amount of $1,350,549.44 6. City Treasurer’s Monthly Report for December 2007 7. Community Development Agency (CDA) Treasurer’s Monthly Report for December 2007 8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for December 2007 9. Quarterly Financial Report for the Community Development Agency - Second Quarter of FY 2007-08 10. Quarterly Financial Report for the City of Mission Viejo - Second Quarter of FY 2007-08 11. Semi-Annual Financial Reports for the Community Development Financing Authority - First Six Months of FY 2007-08 12. Amendment No. 1 to Cooperative Agreement No. C-6-0807 between the Orange County Transportation Authority and the City of Mission Viejo 13. City of Mission Viejo Green Building Program 14. Purchase of Two Replacement Animal Services Vehicles 15. Mission Viejo Library Fire Protection Service Line Emergency Repairs 16. Orange County Transportation Authority Combined Transportation Funding Program Call-for-Projects: Funding Applications for City Intersections and Signals 18. Senior Citizen Transportation Program ITEMS REMOVED FROM THE CONSENT CALENDAR 17. Norman P. Murray Community and Senior Center Expansion (CIP 994) City Manager Dennis Wilberg and Director of Recreation and Community Services Kelly Doyle presented the staff report. Motion made by Council Member Reavis, seconded by Mayor Pro Tem Ury, to (1) approve additional items listed in the Agenda Report and (2) adopt Resolution No. 08-14 Amending the Fiscal Year 2007-08 Budget to Increase Estimated Appropriations for the Norman P. Murray Community And Senior Center Expansion Capital Improvements Project (CIP 994) in the amount of $375,000. 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 PUBLIC HEARINGS 19. Service Cost Recovery Study Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report. Mayor Kelley opened the public hearing at 10:15 p.m. Upon finding no requests to speak, Mayor Kelley closed the public hearing. Motion made by Council Member Reavis, seconded by Council Member MacLean, to adopt Resolution 08-15 Establishing New Fees for Various Services. 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 MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 21. Orange County Fire Authority (OCFA) Report 22. Foothill/Eastern Transportation Corridor Agency Report 23. San Joaquin Hills Transportation Corridor Agency Report 24. Vector Control Board Report STAFF REPORTS City Manager’s Report 25. Southern California Association of Governments (SCAG) Policy Committees - Subregional Representatives City Manager Dennis Wilberg presented the staff report. Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to support Mayor Kelley’s application for appointment as an OCCOG Subregional Representative to the SCAG Transportation and Communications Committee (TCC). On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, and Council Member MacLean City Manager Wilberg announced that AT&T had circuit problems today and therefore, City Hall phones were down for a majority of the day. AT&T has assured the City that the problems will be rectified by tomorrow. Additionally, Crown Valley Parkway construction continues to be problematic and he has asked Lt. Bernardi to post Sheriff's Deputies at the affected locations to assist with traffic control. City Attorney’s Report COUNCIL MEMBER COMMENTS 26. Council Member Reports of Events and Activities Attended Council Member Ledesma Asked Mayor Kelley to adjourn the meeting in memory of Milt Jacobson who touched the City in many ways and who proposed the idea of a Veteran's Day ceremony. He was "Citizen of the Year" in 1994 and Council Member Ledesma stated that Milt Jacobson will surely be missed. Council Member MacLean Expressed regret for a hasty decision he made during his former job at UCI. He apologized to his family and friends and for any embarrassment the incident may have caused the City. Council Member Reavis Outlined her participation on various regional committees and stated that she feels she is qualified to serve on the SCAG Transportation and Communications Committee and she is disappointed that she doesn't have the support of her Council colleagues. Mayor Pro Tem Ury Mayor Kelley Reported that she and Council Member Reavis recently attended the Capistrano Unified School District Ad Hoc committee meeting where they aired the City’s concerns regarding funding of Mission Viejo facilities, use of Mello-Roos and Measure A funds for school facilities in other cities, and school boundary concerns. They also discussed the CUSD’s request for joint use of Cordova Park and she and Council Member Reavis asked that homeowners in the neighborhood be notified and given an opportunity to provide comments. She stated that their meeting was not fruitful because the Board of Directors, at a subsequent meeting, did not recommend the relief for Newhart Middle School that the City had requested. Mayor Kelley stated that Milt Jacobson was indeed “Man of the Year” in 1994, a Community Services Commissioner, and a great promoter of the arts here in Mission Viejo and she will adjourn the meeting in his memory. ADJOURNMENT At the hour of 10:43 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting in memory of Milt Jacobson to Monday, March 3, 2008, at 5:00 p.m. Karen Hamman, City Clerk |
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