Minutes_2008_03_03

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

March 3, 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 5:01 pm, on March 3, 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 27, 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

PLEDGE OF ALLEGIANCE: Council Member Ury

INVOCATION: Council Member Ledesma

CLOSED SESSION

City Attorney Bill Curley announced that the City has received communication from a property owner in the Ferrocarril area, asserting that there is still movement on the slope which has caused damage to his property. This matter will be addressed under the heading of Closed Session item CS1.

CS1. Conference with legal counsel-anticipated litigation Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 Case: Pursuant to GC 54956.9 (3)(B) will be announced prior to the closed session.

CS2. 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 recessed the meeting to Closed Session at 5:04 p.m.  Upon conclusion of the Closed Session, Council Member Ledesma departed the meeting due to a family obligation. At 5:54 p.m. Council Member MacLean arrived.

The City Council reconvened in open session at 6:02 p.m. with Council Member Ledesma absent.

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that for Closed Session item CS1, he advised the City Council of the Claim received and the action the City and his office will be taking but there was no reportable action. For item CS2, the City Council provided direction to the City Attorney but no reportable action occurred.

PRESENTATIONS

P1. American Cancer Society’s 2007 Visionary Award
Community Services Manager Steve Bell presented the American Cancer Society’s 2007 Visionary Award to Mayor Kelley.

P2. Presentation on the City’s 20th Anniversary Celebration
Community Services Manger Renee Beach outlined the events scheduled for the week-long 20th Anniversary Celebration.

PUBLIC COMMENTS

Cathy Schlicht, M.V.: asked the City Council to terminate the legal contract with Richards Watson and Gershon for misconduct in relation to the Southern California Edison Viejo System Project.

Joe Holtzman, M.V.: discussed the construction taking place at Fire Station #24 and asked if the City is subsidizing this project with City contractors and supplies.

Larry Gilbert, M.V.: expressed outrage that the City Council is spending another $450,000 on the Murray Center expansion and stated that this project is beyond the Council Members’ promise of conservative fiscal management.

Bob Holtzclaw, M.V.: discussed activity that takes place at the day laborer site at Los Alisos and Jeronimo and stated that teens who walk to and from school in this area witness inappropriate activity on a regular basis. Asked the City Council to adopt an ordinance similar to the no trespassing ordinance in the City of Orange.

CONSENT CALENDAR

Items 8, 11 and 12 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 MacLean, and Council Member Reavis
NOES: None
ABSENT: Council Member Ledesma

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 February 18, 2008, as presented.

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

4. Check Register dated February 8, 2008, in the amount of $605,878.57
Ratified the accompanying check register.

5. Check Register dated February 15, 2008, in the amount of $839,979.84
Ratified the accompanying check register.

6. Ordinance Authorizing An Amendment to the Contract Between the City of Mission Viejo and the Board of Administration of the California Public Employees’ Retirement System to Provide Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit)
Adopted Ordinance 08-265 Authorizing an Amendment to the Contract Between the City Council of the City of Mission Viejo and the Board of Administration of the California Public Employees’ Retirement System.

7. Prefunding of Retiree Insurances Program Through CalPERS
(1) Received and filed the actuarial report prepared by Bartel and Associates for the City’s Retiree Insurances Program as of June 30, 2006; (2) adopted Resolution No. 08-16 Approving the Agreement to Prefund Other Post-Employment Benefits Through CalPERS; and (3) adopted Resolution No. 08-17 Approving the Delegation of Authority to Request Disbursements from the Other Post Employment Prefunding Plan.

9. Playground Equipment Replacement and Repair Items for Neighborhood Parks
Awarded contract to Miracle Playground Sales of Southern California in an amount not to exceed $52,455.63 (A08-09).

10. 2008 Residential Resurfacing (CIP 838)
Approved the bid specifications and authorized staff to advertise for construction bids for the subject project.

ITEMS REMOVED FROM THE CONSENT CALENDAR

8. Traffic Safety/Signal Coordination (CIP 797) -- Fiber Communications and Traffic Controller Upgrade Design and Specifications
Transportation Manager Shirley Land presented the staff report.

Motion made by Mayor Kelley, seconded by Council Member MacLean, to (1) award contract in the amount of $240,175 to Iteris, Inc., for the subject project; and (2) adopt Resolution 08-XX Amending the Fiscal Year 2007?2008 Budget for Capital Improvement Program 797 (Traffic Safety/Signal Coordination).

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

11. Mid-Year Budget Review for FY 2007-08
Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff report. Mr. Bornstein indicated that there was a clerical error in the staff report on page 4, item #12. The dollar amount listed for additional funding for special road repair on Ganiza was $15,000 but it should have read $80,000, as stated in the report narrative. With Council's approval of the item, the error will be corrected in the Exhibit to the Resolution.

Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to adopt Resolution 08-19 Amending the Fiscal Year 2007-2008 Budget for Adjustments in Certain Revenue and Appropriation Accounts and for a Revision to the Authorized Position Schedule.

On roll call, said motion carried by the following vote:
AYES: Mayor Kelley, Mayor Pro Tem Ury, and Council Member MacLean
NOES: Council Member Reavis
ABSENT: Council Member Ledesma

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

Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to approve Change Order #15 in the amount of $117,048 and Change Order #16 in the amount of $334,641 to Douglas E. Barnhart, Inc., for additional construction items for the Norman P. Murray Community and Senior Center Expansion Capital Improvements Project (CIP 994).

On roll call, said motion carried by the following vote:
AYES: Mayor Kelley, Mayor Pro Tem Ury, and Council Member MacLean
NOES: Council Member Reavis
ABSENT: Council Member Ledesma

PUBLIC HEARINGS

OLD BUSINESS

13. Establish an EMF Ad Hoc Committee
Mayor Kelley appointed Council Member Ledesma and Mayor Pro Tem Ury to serve on an EMF Ad Hoc Committee.

By consensus, the City Council directed that the ad hoc committee begin work on the process of creating an EMF Citizens Committee as a resource to the City Council and to provide input from the community.

Cathy Schlicht, M.V.: asked for an explanation of the legal options that have been lost in relation to the Viejo System Project by expiration of the statute of limitations.

14. Consideration of an Initiative to Provide for Voter Approval of all Changes to Open Space Lands for Non-Open Space Uses
City Attorney Bill Curley presented the staff report.

The following spoke in favor of placing an initiative on the November ballot to allow voters the opportunity to make land use decisions for open space and park land: Joyce Saltzgiver, President of the Casta del Sol Homeowners Association, M.V.; Connie Lee, M.V.; and Wesley Hylen, M.V.

The following presented written comments in favor of voter approval: Leonard Tauchert, M.V.; and Jerry Blose, M.V.

Motion made by Council Member Reavis, to direct staff to return with a full set of voter initiative materials. The motion died for lack of a second.

RECESS

Mayor Kelley declared a recess at 7:30 p.m. At 7:34 p.m., Council Member MacLean informed the Mayor that he was ill with the flu and he would be going home.

The City Council reconvened at 7:40 p.m. with Council Members Ledesma and MacLean absent. Council Member Reavis had not yet returned to the dais.

NEW BUSINESS

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
15. Orange County Fire Authority (OCFA) Report
Received the report from Mayor Kelley.

16. Foothill/Eastern Transportation Corridor Agency Report
Mayor Pro Tem Ury presented the report on behalf of Council Member MacLean who was absent.

Council Member Reavis informed the City Clerk that she was not feeling well and she departed the meeting at 7:44 p.m.

City Attorney Curley announced that due to a lack of quorum, the Mayor would need to adjourn the meeting.

17. San Joaquin Hills Transportation Corridor Agency Report
Due to a lack of quorum, this item was not addressed.

18. Vector Control Board Report
Due to a lack of quorum, this item was not addressed.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS

19. Council Member Reports of Events and Activities Attended
Due to a lack of quorum, this item was not addressed.

Council Member Ledesma
Council Member MacLean
Council Member Reavis

20. In God We Trust
Due to a lack of quorum, this item was not addressed.

21. CUSD Allowance of School Facilities to provide Documentation to Non Citizens (illegal aliens)
Due to a lack of quorum, this item was not addressed.

Mayor Pro Tem Ury
Mayor Kelley

ADJOURNMENT

At the hour of 7:46 p.m., Mayor Kelley declared the meeting adjourned due to lack of a quorum. The next regularly scheduled meeting will be held on Monday, March 17, 2008, at 5:00 p.m

Karen Hamman, City Clerk

Approved at the meeting of March 17, 2008