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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 5:03 pm, on March 17, 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 March 12, 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: Mayor Kelley INVOCATION: Council Member Reavis CLOSED SESSION Conference with City Attorney Concerning One Matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Pacific Bell Telephone Company, dba AT&T California v. City of Mission Viejo et al. Case Number SACV08-0255 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 5:06 p.m. The City Council reconvened in open session at 6:03 p.m. with all five City Council Members present. REPORT OF CLOSED SESSION City Attorney Bill Curley announced that for Closed Session item CS1, he provided the Council with an update on the status of the litigation and, with the Council’s indulgence, he would like to withdraw item 10 from tonight’s Agenda. Mr. Curley explained that he is attempting to avoid protracted litigation and will continue discussions with AT&T’s Attorneys to that end. For item CS2, the City Attorney provided the Council with an update on the status of the first case of anticipated litigation and there was no discussion of the second pending case. PRESENTATIONS P1. Recognize Saddleback College for Preparing a Veterans Memorial on Campus The following presented a written comment congratulating Dr. McCullough and the Veterans Memorial Task Force on the groundbreaking of the Veterans Memorial: Nancy Cho, President, Mission Viejo Chamber of Commerce. PUBLIC COMMENTS Judy Iannaccone, Orange County Human Relations, Santa Ana: outlined the OC Human Relations 2006-2007 Annual Report and discussed their service to the residents of Mission Viejo. Joyce Saltzgiver, M.V.: reminded the Council that the residents of Casta del Sol are counting on them to do the right thing in relation to the Casta del Sol golf course. She presented the City Clerk with a petition containing the signatures of 109 residents who advocate preservation of the Casta del Sol Golf Course. Harry Lenczyk, M.V.: stated that shifting the Casta del Sol Golf Course matter into the future means that it has become a political issue. Cathy Schlicht, M.V.: stood by her March 3, 2008, statements regarding the City Attorney and reiterated that she believes there was an attempt to undermine the validity of the Sage Report. CONSENT CALENDAR Motion made by Council Member Reavis, 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 NOES: None ABSENT: None 1. Waive Reading of Ordinances and Resolutions 2. City Council Minutes 3. Check Register dated February 22, 2008, in the amount of $1,430,691.48 4. Check Register dated February 29, 2008, in the amount of $2,277,480.27 5. City Treasurer’s Monthly Report for January 2008 6. Community Development Agency Treasurer’s Monthly Report for January 2008 7. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for January 2008 8. Air Quality Improvement Special Revenue Fund Financial Statements With Report On Audit By Independent Certified Public Accountants For The Fiscal Year Ended June 30, 2007 And AB 2766 Annual Program Report, June 30, 2007 9. Single Audit of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2007 PUBLIC HEARINGS OLD BUSINESS 10. Urgency Ordinance amending the City of Mission Viejo Municipal Code to both amend Title 9-Land Use, Zoning/Subdivision Regulations to incorporate appropriate development standards so as to establish uniform rules, regulations, standards, and procedures relating to the issuance of permits for excavation, encroachment upon, or obstruction of the City’s public rights-of-way, and amending the Development Code (Title 14) to reference the applicable standards for the installation of certain above-grade facilities in the public rights-of-way. This item was not considered (see note in "Report of Closed Session.") NEW BUSINESS ITEMS REMOVED FROM THE CONSENT CALENDAR MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 11. Orange County Fire Authority (OCFA) Report 12. Foothill/Eastern Transportation Corridor Agency Report 13. San Joaquin Hills Transportation Corridor Agency Report 14. Vector Control Board Report STAFF REPORTS City Manager’s Report City Attorney’s Report 15. One Year Evaluation of Trespass Ordinance 07-246 (February 19, 2007); Council Direction Regarding Further Analysis City Attorney Bill Curley presented the staff report. The following expressed concern with the effectiveness of the current ordinance in eliminating or minimizing the problem with day laborers congregating at Los Alisos and Jeronimo: Cathy Schlicht, M.V; Bob Holtzclaw, M.V.; and Sarah Smith, Apple Tree Montessori, M.V. By consensus, the City Council (1) directed the City Attorney to return with a detailed explanation of the City of Lake Forest’s process in addressing day laborer issues, and (2) directed the City Attorney and the Chief of Police to meet with the affected business owners, within the next two weeks, to try and identify problems and potential solutions. COUNCIL MEMBER COMMENTS 16. Council Member Reports of Events and Activities Attended Council Member Ledesma Council Member Reavis 17. In God We Trust The following spoke in opposition to the proposed installation of the words "In God We Trust" in the Council Chamber: Edward Fern, M.V.; Spencer Fern, M.V.; and Tom Moore, M.V. The following spoke in support of the proposal: Leroy Mills, Mayor Pro Tem, City of Cypress. Motion made by Council Member Reavis, seconded by Mayor Kelley, to (1) direct staff to return with cost estimates, visual examples, recommendations for size, and a location for displaying the words IN GOD WE TRUST in the City Council Chamber and (2) direct staff to return with a Resolution approving use of the motto. 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 Thanked her Council colleagues for supporting this proposal and Council Member Mills, from the City of Cypress, for making the trip to Mission Viejo to provide his assistance. Council Member Reavis stated that she was pleased to serve as Principal for a Day at Hankey Elementary School. The new portable classrooms are hardly distinguishable from permanent buildings and the parents, students, teachers and the Principal are extremely proud. Mayor Pro Tem Ury 18. Process of Notification for Council Member to Leave during a Council Meeting By consensus, the City Council Members agreed to notify the Mayor if they intend to leave a City Council meeting. Stated that he too enjoyed the opportunity to serve as Principal for a Day at Newhart Intermediate School. He also reported on his recent visit to the Capistrano Unified School District Administration building and stated that understands universal concerns with the amount of resources that were put into that building. Asked staff to be aware when they schedule items for a Council Agenda and he requested that important community matters are not scheduled for Council Meetings that fall on a holiday. Mayor Kelley 19. Veterans Memorial Plaque for First and Second Persian Gulf Wars Mayor Kelley recommended the addition of a fifth plaque for the Mission Viejo Veterans Memorial Wall with the following proposed wording: "The Mission Viejo Veterans Memorial is dedicated to honoring residents of the community who served in the United States Armed Forces to fight for freedom and preserve the blessings of liberty and peace for future generations of Americans. We will never forget the courage and sacrifice of Veterans during the wars of modern American history. We will always remember the more recent conflicts in operations where American Military personnel were called to arms to help the people and protect the National Security of the United States in Grenada, Lebanon, Panama, Desert Storm, Desert Shield, Somalia, Haiti, the Persian Gulf, Afghanistan, Iraq and many other places around the world, before and after the rededication of the Mission Viejo Veterans Memorial on November 11, 2008." Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to Direct to approve the addition of a fifth plaque for the Mission Viejo Veterans Memorial Wall with wording similar to that stated (above) and with the conflicts placed in chronological order. 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 Discussed a front page article in the Orange County Register on Sunday, March 2, 2008, regarding the Mission Viejo Animal Services Center. Stated that it was a heartwarming story but she wished to correct a misstatement which indicated that the City paid $72,000 for animal medical care, when those expenses were actually covered by the non-profit group DAWG. Congratulated Community Services Commissioner Anna Boyce who received a prestigious and well-deserved award from the State Parks and Recreation Society. Announced that she has been appointed to the Southern California Association of Governments (SCAG) Transportation and Communications Committee and she attended her first meeting on March 6th. She looks forward to her participation on the TCC and to sharing information from the committee with her Council colleagues. Congratulated Tammy Descoteaux, Mission Viejo Crime Prevention Specialist, and ____, Mission Viejo Firefighter, for the recognition they received at the last VFW Meeting as Police Services and Firefighter Employees of the Year. Discussed her attendance at the Mothers Against Drunk Driving recognition event this past week to honor law enforcement personnel for one hundred or more DUI arrests. Thanked Mission Viejo police services for their own work in this regard. Finally, she invited the community to come out and see the beautifully expanded Norman P. Murray Community and Senior Center and she encouraged everyone to attend the wonderful events that are planned for the City’s week-long 20th anniversary celebration. ADJOURNMENT At the hour of 7:55 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, April 7, 2008, at 5:00 p.m. Karen Hamman, City Clerk Approved at the meeting of April 7, 2008 |
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