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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 5:06 pm, on April 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 April 4, 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: PUBLIC COMMENTS Michael Perry, Esq., representing Timberline Community Association: announced that has drafted a letter to the City Council on behalf of his client, Timberline Community Association, regarding ownership of Turf Lane Park and he will give copies to the City Clerk for distribution. Connie DerTorossian, Laguna Hills: asked the Council to consider denying the recommended action for Consent Calendar item #14 and to renew the contract with the Fair Housing Council of Orange County instead. CLOSED SESSION CS1. 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. CS2. Conference with the City’s Real Property Negotiator and Attorney (City Manager Dennis Wilberg and City Attorney William Curley) Pursuant to Government Code Section 54956.8 Concerning Real Property Located at 27341 Trabuco Circle Known as the Saddleback Valley YMCA in the City of Mission Viejo. The Negotiating Parties Are the YMCA and the City of Mission Viejo. Under Negotiation Will Be the Price and Terms of Payment for the Property Interest and/or Leasehold Interest to Be Conveyed. RECESS TO CLOSED SESSION AND RECONVENE Mayor Kelley declared the meeting recessed to Closed Session at 5:15 p.m. The City Council reconvened 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 City Council with a report on the status of the litigation and for Item CS2, direction was given to the City’s negotiators who will proceed accordingly. PRESENTATIONS P1. Recognize the Month of April 2008 as Organ Donation Awareness Month PUBLIC COMMENTS Joyce Saltzgiver, President of the Casta del Sol Homeowners Association, M.V.: thanked the City Council for extending the moratorium on open space rezoning at last Monday’s Special City Council Meeting. Tyler Hammond, M.V.: expressed concern with the rules surrounding the Senior Transportation Program. Don Dobbs, M.V.: thanked city staff and all of the volunteers who made the week-long 20th Anniversary Celebration such a success and stated that the Murray Center expansion is fullfilment of Norm Murray’s dream. Mr. Dobbs also announced that the Shell Express Car Wash on La Paz and Chrisanta is now open. William Blume, Rancho Santa Margarita.: stated that upon review of certified payroll records for the Norman P. Murray Community and Senior Center expansion project, he noticed that many employees are not legal citizens and he asked what the City planned to do about this. City Attorney Bill Curley responded that the construction contract for the Murray Center expansion was executed in 2006 and the City’s Basic Pilot Program Ordinance was not adopted until 2007. Cathy Schlicht, M.V.: stated that consultant Cindy Sage gave very compelling evidence to prove that Southern California Edison has not reduced EMF radiation levels from the Viejo System Project and she asked the City Council to erect warning signs in City parks. Harry Lenczyk, M.V.: outlined alternatives for an assisted living facility that would satisfy both the residents who live near Casta del Sol Golf Course and Sunrise Assisted Living. Victoria Dean, Ombudsman, Council on Aging, Santa Ana: thanked the City Council for supporting the Council on Aging of Orange County. Jesse and family, M.V.: stated that people use Tossamar as a short cut to other streets and appealed to the City Council for help with the dangerous conditions that result from the extra traffic. Council Member MacLean departed the meeting at 6:26 p.m. CONSENT CALENDAR Item 17 was removed from the Consent Calendar for separate discussion. Motion made by Council Member Reavis, seconded by Council Member Ledesma, to approve the Consent Calendar as outlined below. On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, and Council Member Reavis NOES: None ABSENT: Council Member MacLean 1. Waive Reading of Ordinances and Resolutions 2. City Council Minutes 3. Check Register dated March 7, 2008, in the amount of $628,637.74 4. Check Register dated March 14, 2008, in the amount of $929,819.49 5. Check Register dated March 21, 2008, in the amount of $3,738,936.98 6. City Treasurer’s Monthly Report for February 2008 7. Community Development Agency Treasurer’s Monthly Report for February 2008 8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for February 2008 9. Annual Routine Maintenance Program for the Removal and Replacement of Asphalt Pavement and Related Services - Hardy & Harper, Inc. 10. Playground, Parkland, and Facility Infrastructure Maintenance and Repair 11. Annual Routine Police Motorcycle Maintenance 12. Electronic Message Board - CIP 305 13. Annual Routine Monthly Landscape and Facility Maintenance - Contract Area 8 14. Draft Annual Action Plan for Fiscal Year 2008-2009 Detailing City’s Proposed Use of Community Development Block Grant (CDBG) Funds and Establishing CDBG Funding Priorities 15. Purchase and Installation of Storage Area Network (SAN) Systems 16. 2008 Residential Resurfacing (CIP 838) 18. Adjustment to the Gate Rate at Madison Materials 19. Maintenance of Traffic Signals and Appurtenance ITEMS REMOVED FROM THE CONSENT CALENDAR 17. Permit Parking on Via Viento and Chrisanta Drive Transportation Manager Shirley Land presented the staff report. The following spoke in support of the Permit Parking Program on Via Viento: Dr. Art, M.V.; Hank McMahon, M.V.; and Kerry Archbold, M.V. Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, to (1) adopt Resolution 08-22 Establishing a Permit Parking Program on Both Sides of Via Viento from the Northerly Intersection with Chrisanta Drive to the Southerly Intersection with Chrisanta Drive and on Both Sides of Chrisanta Drive from the Northerly Intersection with Via Viento to the Southerly Intersection with Via Viento; and (2) direct staff to work with the Saddleback Valley Unified School District to seek their help with this continuous and long-term problem and return at an upcoming City Council Meeting with a progress report. Staff was further directed to seek verification that there is declining enrollment; put together a list of questions regarding the Esperanza site in conjunction with the work the City is planning on La Paz; and identify who at the School District is responsible for traffic and parking issues. On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, and Council Member Reavis NOES: None ABSENT: Council Member MacLean OLD BUSINESS 20. Mission Viejo Solar Energy Education Program Scope of Work Mayor Pro Tem Ury departed at 6:58 p.m. Planning Manager Elaine Lister outlined the various aspects of the proposed Solar Energy Education Program. Motion made by Council Member Ledesma, seconded by Council Member Reavis, to direct staff to implement the Mission Viejo Solar Energy Education Program and begin advertising the Program. On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Council Member Ledesma, and Council Member Reavis NOES: None ABSENT: Mayor Pro Tem Ury, and Council Member MacLean MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 21. Orange County Fire Authority (OCFA) Report 22. Foothill/Eastern Transportation Corridor Agency Report Cathy Schlicht, M.V.: stated that Council Member MacLean should resign from his position on the Foothill/Eastern Transportation Corridor Agency. 23. San Joaquin Hills Transportation Corridor Agency Report 24. Vector Control Board Report STAFF REPORTS City Manager’s Report 24A. 2009 Tournament of Roses Parade-Float Entry City Manager Dennis Wilberg announced that the City has been accepted as a float participant for the 2009 Tournament of Roses Parade and asked the Mayor to appoint members to an Ad Hoc Committee to assist with float builder selection and all necessary tasks related to the float entry. Mayor Kelley appointed herself and Council Member MacLean to serve on the 2009 Tournament of Roses Parade Float ad hoc committee. Cathy Schlicht, M.V.: expressed opposition to the $300,000 expenditure for a Rose Parade float. Council Member Reavis stated for the record that she does not want to see any member of the City Council on the float. City Attorney’s Report 24B. Update to City Council Regarding Community Meeting; Review of City’s Trespass Ordinance and Related Issues City Attorney Bill Curley provided an update on the day laborer situation and outlined topics of discussion at the recent meeting with the property manager and tenants of the affected shopping centers at Los Alisos and Jeronimo. The following spoke in support of enforcing the Trespass Ordinance in whatever way is necessary: Cathy Schlicht, M.V. and Yvonne Duhl, Property Manager for Jeronimo Plaza, Huntington Beach. COUNCIL MEMBER COMMENTS 25. COUNCIL MEMBER REPORTS OF EVENTS AND ACTIVITIES ATTENDED Council Member Ledesma Congratulated Lt. Steve Bernardi on his recent recognition by the Orange County Board of Supervisors for his work as Chief of Police of America’s Safest City. Thanked the City Attorney for being proactive in working with the businesses and residents on the day laborer issue. Stated that he was very impressed with the quality of the activities surrounding the City’s 20th Anniversary Celebration and he offered his kudos and compliments to the staff who made the events so successful. Council Member Reavis Congratulated and thanked City staff for their wonderful work on the 20th Anniversary Celebrations. Stated that many people expressed their pride in being a Mission Viejo resident and that they told her they feel fortunate to have a beautiful asset like the Murray Community Center available to them as residents. Announced that the City has launched its improved web site which is nice looking, easier to negotiate, and has expanded information available to residents, businesses, and visitors alike. Echoed the congratulations to Chief Bernardi on being the "Top Cop" of Americas’ Safest City in 2007. Announced that she was recently appointed to SCAG’s Transportation and Communications Committee where she will serve along with Mayor Kelley. Congratulated the Presbyterian Church of the Master on their 40th Anniversary and asked the City Manager make the City Council aware of all official proclamations issued by the City as a way to keep them informed of events such as this. Mayor Kelley 26. County of Orange Animal Shelter Mayor Kelley announced that just prior to tonight’s meeting, Jennifer Phillips, Director of Animal Care Services for the Orange County Animal Shelter, presented a letter and statistics in response to this Agenda item. The following spoke in support of sending a letter to the County regarding their acceptance of Mission Viejo stray animals to the County facility: Sharon Cody, M.V.; and Jean Bland, Laguna Hills. Cathy Schlicht, M.V.: expressed her opposition to the proposed threat of a lawsuit against the County of Orange. Motion made by Mayor Kelley, seconded by Council Member Ledesma, to send a letter to the Orange County Animal Shelter and the County Board of Supervisors, outlining areas of concern regarding the acceptance of Mission Viejo stray animals to their facility. On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Council Member Ledesma, and Council Member Reavis NOES: None ABSENT: Mayor Pro Tem Ury, and Council Member MacLean Mayor Kelley added her thanks to City Staff for going above and beyond with the week-long 20th Anniversary events. Offered special thanks to City Manager Dennis Wilberg, Director of Public Services Keith Rattay, and Director of Recreation and Community Services Kelly Doyle. She also noted that many members of staff gave their personal time to make sure that the celebration was a success. Outlined her attendance at the Orange County Board of Supervisors meeting where Lt. Bernardi was recognized as Chief of Police for America’s Safest City and stated that she was very pleased and proud. Lt. Bernardi gave due credit to his hard working and committed staff and Mayor Kelley stated that we are fortunate to have these individuals working for us in Police Services. Announced that Capistrano Valley High School received a $3 million grant for a Performing Arts Center on campus and she asked City staff to work with the School District to help identify additional sources of funding so this dream can become a reality. Stated that she was pleased and honored to attend a Medal of Valor luncheon last week where Orange County Sheriff’s Deputies were honored for various heroic events and she gave special thanks to Mission Viejo’s own Romero Trujillo who received a Life Saving Medal. She also congratulated Mission Viejo resident Jonathan Tomar who received a Medal of Valor and a Purple Heart for his actions in the line of duty. Announced that she recently attended the 40th Anniversary of the Presbyterian Church of the Master and stated that they have been a hallmark in the community and she was proud to be part of the celebration. Mayor Kelley strongly encouraged parents to attend an upcoming workshop called “The Finish Line - Parenting to Build Kids of Character” on April 17, 2008, and she announced that the Community of Character word for the month of April is Service. ADJOURNMENT At the hour of 8:25 p.m., there being no further business to come before the City Council at this meeting, Mayor Kelley adjourned the meeting in memory of Martin Behrens, to Monday, April 21, 2008, at 5:00 p.m. Karen Hamman, City Clerk Approved at the meeting of April 21, 2008 |
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