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

May 5, 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 5:00 pm, on May 5, 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 30, 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:
Dennis Wilberg, City Manager
Irwin Bornstein, Asst. City Manager/Director of Administrative Services
William P. Curley III, City Attorney
Karen Hamman, City Clerk

PLEDGE OF ALLEGIANCE: Mayor Pro Tem Ury

INVOCATION: Council Member Reavis

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.

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Kelley declared a recess to Closed Session at 5:02 p.m. The City Council reconvened in open session at 6:01 p.m. with all five City Council Members present.

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that there was no reportable action from Closed Session. The City Council was updated as to the ongoing negotiations and he anticipates there will be closure to this matter at the next City Council Meeting both in Closed Session and Open Session discussions.

PRESENTATIONS

P1. Recognize De Portola Elementary, Del Lago Elementary, and La Tierra Elementary Schools for Receiving California Distinguished School Recognition by the California Department of Education
Mayor Kelley presented Commendations to Principals, Bob Gaebel of De Portola Elementary School, Douglas Dick of Del Lago Elementary School, and Larry Callison of La Tierra Elementary School.

P2. Recognize the 10th Anniversary of the FunWithChalk Street Painting Festival
Mayor Kelley presented the Proclamation to Dr. Frank Lieberman and members of the Children’s Creative Festival Board of Directors.

P3. Recognize Karen Hamman for Being Selected as the 2008 City Clerk of the Year by the City Clerk’s Association of California
Mayor Kelley presented the Commendation to Mission Viejo City Clerk Karen Hamman.

RECESS

Mayor Kelley declared a recess at 6:33 p.m. The City Council reconvened at 6:43 p.m. with all five City Council Members present.

PUBLIC COMMENTS

Larry Gilbert, M.V.: speaking as Orange County Chairman of the Proposition 98 Campaign, reminded residents that there are two measures on the June ballot. Mr. Gilbert expressed his support for Proposition 98 and his opposition to Proposition 99.

Harry Lenczyk, M.V.: outlined provisions in the Casta del Sol Golf Course CC&R’s and requested that the matter be discussed at a future City Council meeting to explain the status of these CC&R’s.

A written comment was presented by Joyce Saltgiver, President of the Casta del Sol Homeowners Association, to thank Mayor Kelley and Council Members Ledesma and Reavis for attending the fountain dedication at Casta del Sol. She also reminded the City Council that the golf course committee is counting on them.

CONSENT CALENDAR

Motion made by Council Member Reavis, seconded by Council Member Ledesma, 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
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 Regular City Council Meeting of April 21, 2008, as presented.

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

4. Check Register dated April 18, 2008, in the amount of $929,858.05
Ratified the accompanying check register.

5. Animal Shelter Shade Structure (CIP 301) - Galvanized Metal Doors, Electric Doors, Electric Door Openers, and Hood Covers (Shrouds) for Outdoor Dog Kennels
Awarded a contract for the subject project to Creative Home Interiors (CHI) in an amount of $104,860 (A08-33).

6. Olympiad Road Pavement Rehabilitation (CIP 201)
(1) Certified the completion of and accepted the improvements for the subject project; (2) authorized the City Manager to sign the Notice of Completion; (3) authorized the City Clerk to record the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorized payment of the final retention 35 days after the date of recordation of the Notice of Completion.

7. 2008 Residential Resurfacing (CIP 838)
(1) Awarded the construction contract in the amount of $2,444,444 for the subject project to All American Asphalt, Inc.; and (2) adopted Resolution 08-28 Amending the Fiscal Year 2007-2008 Budget for Costs Related to Capital Improvement Project 838.

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

8. Update on Senior Citizen Transportation Program
Director of Recreation and Community Services Kelly Doyle presented the staff report.
By consensus, the City Council received and filed the report.

9. Monetization of Cell Tower Leases
Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the report on behalf of the Investment Advisory Commission.

The following spoke in opposition to the monetization of the City’s Cell Tower Leases: Larry Gilbert, M.V. and Cathy Schlicht, M.V.

Motion made by Mayor Kelley, seconded by Council Member MacLean, to (1) direct ATS to perform an analysis of all current cell sites on City property (at no cost to the City) and to obtain proposals from financial entities interested in monetizing our current leases; and (2) return to the Investment Advisory Commission when the analysis is complete to allow for the Commission’s further study and recommendation.

On roll call, said motion carried by the following vote:

AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, and Council Member MacLean

NOES: Council Member Reavis

ABSENT: None

10. Report from Rose Parade Float Ad Hoc Committee
Mayor Kelley, Council Member MacLean, and City Manager Wilberg presented the report from the Rose Parade Ad Hoc Committee.

Motion made by Mayor Kelley, seconded by Council Member MacLean, to approve selection of the float builder "Fiesta Parade Floats" and directed that the recommended design be presented to the City Council at the meeting of June 16 or July 7, 2008.

On roll call, said motion carried by the following vote:

AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, and Council Member MacLean

NOES: Council Member Reavis

ABSENT: None

Council Member Reavis stated for the record that she voted no because she has consistently opposed the float issue and she believes that the money could be better used here in the community.

11. Orange County Fire Authority (OCFA) Report
Received the report from Mayor Kelley.

12. Foothill/Eastern Transportation Corridor Agency Report
Received the report from Council Member MacLean.

13. San Joaquin Hills Transportation Corridor Agency Report
Council Member Ledesma announced that there has not been a recent meeting of the San Joaquin Hills TCA.

14. Vector Control Board Report
Received the report from Council Member Reavis.

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS

15. 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 Ledesma

Thanked everyone for the well wishes regarding the birth of his daughter.

Council Member MacLean

Announced that he missed the last Council Meeting because he traveled to Brazil and Paraguay in South America. He stated that they are beautiful countries but he was also grateful to return home and realize how good we have it here in Mission Viejo and in the United States. Council Member MacLean announced that he looks forward to continuing his work for the City and to making Mission Viejo an even better place to live and work.

Council Member Reavis

Mayor Pro Tem Ury

Mayor Kelley

16. Social Host Underage Drinking Ordinance

The following spoke in support of the proposed ordinance: Joanne Lambert, Friday Night Live Club, M.V.

The following spoke in opposition to the proposed ordinance: Cathy Schlicht, M.V.

City Attorney Bill Curley explained the intent of this type of ordinance.

Council Member MacLean asked the City Attorney to poll other cities with similar ordinances to find out how often they enforce the ordinance and how they proceed in terms of administering fines, closing down habitual offenders, etc.

Motion made by Mayor Kelley, seconded by Council Member Reavis, to direct the City Attorney to develop a Social Host Underage Drinking Ordinance for the City of Mission Viejo and return at a future meeting for City Council consideration.

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

Mayor Kelley announced that she received happy birthday cards, in honor of the City’s 20th Anniversary, from Mrs. Souers 3rd grade class at Reilly Elementary School. The students also contributed ideas for an updated City Seal and Mayor Kelley suggested that some of the drawings could be displayed on Mission Viejo Television. She thanked Matt Gunderson of Mission Viejo Audi for his generosity in hosting the recent Chamber of Commerce Mixer which raised money for Saddleback College student scholarships. Congratulated Karen Hamman who was recognized as the #1 City Clerk in the State of California and stated that we are very grateful to have her working here in Mission Viejo. Announced that James Parker won first place in the Barnes and Noble Teenage Poetry Writing Contest. James is in 7th grade and he won first prize for his poem entitled "None Shall Die in Vein." Announced the teachers who were selected by their peers as Teacher of the Year in Mission Viejo CUSD schools:

    Barcelona Hills Elementary School - Ann Hongola
    Bathgate Elementary - Michelle Kleindienst
    Castille – Carol O’Connell
    Reilly - Karen French
    Viejo – Anne Horrigan
    Hankey – Jolee Smith
    Newhart – Steve Quinn
    CVHS - Deborah Marsing

At the next meeting, she will announce the Teachers of the Year for the Saddleback Valley Unified School District. Reminded those who are interested in volunteering for Fun With Chalk to contact her for more information or visit the FunWithChalk web site. Discussed her attendance last Saturday at Lake Mission Viejo when the City’s adopted Marine Battalion and their families enjoyed a beautiful day at the lake. The Marine’s presented the City with a Certificate of Appreciation and she stated that we are grateful for their service. Mayor Kelley announced that the Community of Character word for the month of May is moral courage.

ADJOURNMENT

At the hour of 8:23 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, May 19, 2008, at 5:00 p.m.

Karen Hamman, City Clerk

Approved at the meeting of May 19, 2008