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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 April 21, 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 16, 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: Council Member Ledesma CLOSED SESSION Conference with the City’s Real Property Negotiator (City Manager/Executive Director Dennis Wilberg and City Attorney William Curley) Pursuant to Government Code Section 54956.8 Concerning Real Property Located Adjacent to and Easterly of the City’s Marguerite Tennis Center and Marguerite Aquatics Center, Easterly of the Saddleback YMCA, and Southerly of Casta del Sol Road (Assessors Parcel Number 808-720-07, a portion of Lot 12, Tract No. 10397) in the City of Mission Viejo. The Negotiating Parties Are the City of Mission Viejo and Chabad Jewish Center of Mission Viejo. Under Negotiation Will Be the Price and Terms of Payment for the Property Interest to Be Acquired. Final Action, if any, on This Matter will be Taken in Public Session at a Future Council Meeting Following Public Comments 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. 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. RECESS TO CLOSED SESSION AND RECONVENE Mayor Kelley recessed the meeting to Closed Session at 5:03 p.m. The City Council reconvened at 6:03 p.m. with four Council Members present (Council Member MacLean was absent). REPORT OF CLOSED SESSION City Attorney Bill Curley announced that there was no reportable action for Closed Session items CS1 and CS2. For item CS3, he provided the City Council with an update of the ongoing negotiations between the City Attorney’s office, City staff and AT&T staff. Mr. Curley announced that they have made substantial headway in advancing the City’s position and AT&T has recently indicated that they are receptive to conforming to the City’s position. Staff is working to reduce and/or eliminate the large utility boxes and come up with standards that will make them consistent with all infrastructure in the public right-of-way. Mayor Kelley reversed the order of Public Comments and Presentations. PUBLIC COMMENTS Cathy Schlicht, M.V.: requested that the Mission Viejo City Council adopt a resolution in support of Jack Anderson for Orange County Sheriff and forward a copy to the Orange County Board of Supervisors. Harry Lenczyck, M.V.: outlined an article from the February 16, 2008, Wall Street Journal relative to golf course needs and design. He further related statements made in the article to the City’s own Casta del Sol golf course. PRESENTATIONS P1 Recognize Mission Viejo’s Community Recycling Program Award Winner Michelle Clark, Waste Management of Orange County, presented the award to the Mission Viejo Country Club for the business/multi-family recycling category. CONSENT CALENDAR Motion made by Mayor Pro Tem Ury, seconded by Council Member Reavis, 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, and Council Member Reavis NOES: None ABSENT: Council Member MacLean 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 March 28, 2008, in the amount of $766,047.47 5. Check Register dated April 4, 2008, in the amount of $1,402,349.05 6. FYs 2006 and 2007 Homeland Security Grant Programs 7. Purchase of Two Pickup Trucks for Public Services 8. Site Security Lighting (CIP 300) 9. Lifeguard Attraction/Retention Premium Stipend (LAPS) Program 10. Norman P. Murray Community and Senior Center Expansion (CIP 994) ITEMS REMOVED FROM THE CONSENT CALENDAR 11. In God We Trust Robert Knoke, M.V.: expressed his support for adoption of the motto "In God We Trust." Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to adopt Resolution 08-27 Authorizing Display of the National Motto in City Council Chambers and Making Findings in Connection Therewith. 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 PUBLIC HEARINGS OLD BUSINESS NEW BUSINESS 12. Recycling Programs Update Senior Management Analyst Denise Matson presented the staff report. David Ross, Waste Management of Orange County, discussed drop-off programs for florescent bulbs and Waste Management’s pick-up program for recycling the bulbs. MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 13. Number not used 14. Orange County Fire Authority (OCFA) Report 15. Foothill/Eastern Transportation Corridor Agency Report 16. San Joaquin Hills Transportation Corridor Agency Report 17 Vector Control Board Report 18. EMF Ad Hoc Committee STAFF REPORTS City Manager’s Report City Attorney’s Report 19. Update on Various Matters City Attorney Bill Curley announced that his office will be handling prosecution of Municipal Code violations, including any related to trespass actions. This will provide an opportunity for the City and the Council to track the performance of the trespass ordinance. He further announced that his office is continuing execution of the City’s Public Records Act request with the Capistrano Unified School District. His staff has been on site at District facilities and they are still accumulating and sorting the records. Finally, Mr. Curley noted the recent question on the application of the Basic Pilot Program in relation to the Murray Center expansion project. Remedies under the Ordinance would suspend a contract but because the contract was executed in 2006, it pre-dated the City’s ordinance. COUNCIL MEMBER COMMENTS 20. 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 to the City Clerk for the public record. Council Member MacLean Council Member Reavis Council Member Reavis responded to the request made by a member of the public for the City Council to support Jack Anderson for Orange County Sheriff. She noted that she had placed and item on a past Agenda to do this but Mr. Anderson expressed his desire for the process to work as it is designed, without political involvement. Although he was grateful for the support, he asked the City Council not to send a letter to the Board of Supervisors on his behalf. She further announced that Capistrano Valley High School was awarded a $3 million grant for a Performing Arts Theater. The school district needs $9 million to complete the project and Council Member Reavis expressed her desire to explore ways in which the City might assist. Mayor Kelley Mayor Kelley announced that the City Council, at the last meeting, directed staff to work with CUSD to discuss ideas for funding the balance so this project can become a reality. Announced that Assistant City Manager Irwin Bornstein attended a meeting last week and he spoke before the Committee to support the District’s acceptance of the grant. This evening Mr. Bornstein is attending the CUSD Board Meeting and has hand carried a letter with the City’s recommendation that the School District accept the $3 million grant and look for ways to find the $9 million match. The letter further encourages the District to look at CFD 87-1 (Mello-Roos) for funding before they look at the City’s redevelopment funds. Mayor Kelley outlined her attendance last week at a meeting with City Manager Wilberg, Chief of Police Bernardi, various members of Immigration and Customs Enforcement (ICE), and representatives of Border Control. Congressman Miller joined them by conference call and they were able to discuss the day laborer situation in Mission Viejo. She stated that Congressman Miller has a very good understanding of our situation and is very supportive. Mayor Kelley congratulated O’Neill Elementary on their "Ability Awareness Day" where children learned about disabilities and some of the challenges that face special needs students. She announced that Newhart Middle School was recently recognized for their fundraisers which helped to send a child to Hawaii through the Make a Wish Foundation. She also congratulated Del Lago, De Portola and La Tierra Elementary schools on receipt of their recognition as California Distinguished Schools. Mayor Kelley reminded everyone to mark their calendars for this year’s Fun With Chalk Festival on May 17 and 18, 2008. The Rotary Club is also holding its annual Mayor’s Prayer Breakfast on Thursday, May 1, 2008. Further information and tickets are available through Jim Leach. She reminded residents that the Mission Viejo Relay for Life is very active and the City will be “painting the town purple” on May 1, 2008. She asked the City Council Members and staff to wear their Relay for Life shirts at the next Council meeting and she encouraged anyone seeking more information to please contact her about the Relay for Life events. Finally, Mayor Kelley announced that the update on senior transportation will be provided at the next meeting. ADJOURNMENT At the hour of 6:52 p.m., there being no further business to come before the City Council at this meeting, Mayor Kelley adjourned the meeting to Monday, May 5, 2008, at 5:00 p.m. Karen Hamman, City Clerk Approved at the meeting of May 5, 2008 |
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