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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 May 19, 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 May 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: Mayor Kelley INVOCATION: Mayor Pro Tem Ury CLOSED SESSION CS1. Conference with Legal Counsel-Anticipated Litigation-Significant Exposure to Litigation pursuant to Subdivision (b) of Section 54956.9: One Case. Documentation of threat of litigation in City claims file. CS2. 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 CS3. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6. RECESS TO CLOSED SESSION AND RECONVENE Mayor Kelley declared a recess to Closed Session at 5:04 p.m. The City Council reconvened at 6:06 p.m., with all five City Council Members present. REPORT OF CLOSED SESSION City Attorney Bill Curley announced that for Closed Session item CS1, the City Council received an update on his firm's analysis of the risk of litigation but there was no reportable action. For item CS2, the City Council received an update on the current form of litigation and Mr. Curley announced that the parties are very close to a final settlement agreement. Item CS3 was continued. PRESENTATIONS P1. Proclaim May 2008 as National Save a Teen Month P2. Recognize May 2008 as Water Awareness Month PUBLIC COMMENTS Sharon Cody, M.V.: speaking as a volunteer of the Animal Shelter and as the President of D.A.W.G., she expressed support for the proposal to provide animal services to the City of Aliso Viejo and stated that the cat area would need to be enlarged. Brad Barnes, M.V.: proposed the idea of partnering with the City to place E-Waste Collection Centers at City facilities for the recycling of electronics. He further proposed that collection events be held at public schools, with a portion of the proceeds going back to the schools. CONSENT CALENDAR Motion made by Mayor Pro Tem Ury, 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 1. Waive Reading of Ordinances and Resolutions 2. City Council Minutes 3. Check Register dated April 11, 2008, in the amount of $1,049,684.74 4. Check Register dated April 25, 2008, in the amount of $2,378,841.44 5. Check Register dated May 2, 2008, in the amount of $1,578,922.62 6. City Treasurer’s Monthly Report for March 2008 7. Community Development Agency Treasurer’s Monthly Report for March 2008 8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for March 2008 9 Quarterly Financial Report for the City of Mission Viejo - Third Quarter of FY 2007-08 10. Quarterly Financial Report for the Community Development Agency - Third Quarter of FY 2007-08 11. Oso/Marguerite Intersection Improvements (CIP 844)
12. Master Plan of Arterial Highways: Biennial Consistency Determination 13. Annual Weed Abatement Program for Parcels Under One Acre - Year 2008 - Phase 1 14 Playground Renovations (CIP 303) - Oso Viejo Community Park 15 2008 Fourth of July Community Street Faire 16. Proposition 1B Funding Agreement with the County of Orange 17. Renewal of Prosecution Services Agreement 18. Providing Animal Services to the City of Aliso Viejo 19. Support of the Crown Valley Widening Project (Cabot Road to Interstate 5) and Request for Federal Funding for Project Construction PUBLIC HEARINGS OLD BUSINESS 20. Social Host Underage Drinking Regulatory Ordinance
The following spoke in opposition to the proposed Ordinance: Larry Gilbert, M.V.; Cathy Schlicht, M.V.; and Dennis Walsh, M.V. The following spoke in support of the proposed ordinance: Nancy Lacona, Laguna Hills. Council Member Reavis vacated the dais at 7:18 p.m. and returned at 7:19 p.m. Motion made by Council Member Ledesma, seconded by Mayor Kelley, to continue this item, and item #21, to the next City Council Meeting and return with (1) clarification from the Chief of Police and the City Attorney regarding the definition of an out of control party, the definition of a public nuisance, and detail regarding the necessity for police intervention; and (2) refined Ordinance language taking into consideration the questions and concerns that the Council Members have already raised (or will communicate by email in the next few days). 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 21. Ordinance Regarding Multiple Responses to Loud or Disruptive Parties, Gatherings or Events The following spoke in opposition to the proposed Ordinance: Cathy Schlicht, M.V. This item was continued to the next City Council Meeting (see motion in item #20 above). RECESS At the hour of 7:55 p.m., Mayor Kelley declared a recess. The City Council reconvened at 8:06 p.m. with three City Council Members present. Council Member MacLean and Council Member Reavis returned to the dais at 8:07 p.m. 22. Urgency Ordinance Related to Excavations, Encroachments and Obstructions in Public Right-of-Way and for Standards Above Grade Facilities and an Ordinance Relating to Holders of State Video Franchises City Attorney Bill Curley presented the staff report. Mark W. Leslie, Vice President, AT&T: outlined the proposal for installation of street-level cabinets for the AT&T Lightspeed project. Motion made by Council Member Ledesma, seconded by Council Member MacLean, to introduce Urgency Ordinance 08-268 as amended, to (A) Repeal Chapter 14.03 of Title 14 and Adding a New Chapter 14.03 Relating to Excavations, Encroachments, and Obstructions in the Public Right-of-Way; and (B) Adding a New Chapter 9.31 to Article III of Title 9 Relating to Standards for Above-Grade Facilities, and Declaring the Urgency Thereof; Amendment to Ordinance No. 08-268: In Section 14.03.220, Section (e)(1)(iv)(C), add the following wording at the end of the paragraph, "(including concerns about siting and the Applicant will consider those concerns)." 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 Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to introduce Ordinance 08-269, Amending Section 5.04.400 of Chapter 5.04 of the Municipal Code Relating to Special Provisions Applicable to Holders of State Video Franchises. 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 NEW BUSINESS 23. City Council Communication with Auditors Motion made by Mayor Kelley, seconded by Council Member Ledesma, to appoint Mayor Pro Tem Ury to serve on the City’s Audit Committee. Mr. Ury will be tasked with sharing information with the City Council and there will also be full Council participation with Agenda items at two Council Meetings; one prior to the beginning of year-end audit field work and a second time at the conclusion of the audit. 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 ITEMS REMOVED FROM THE CONSENT CALENDAR MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 24. Orange County Fire Authority (OCFA) Report 25. Foothill/Eastern Transportation Corridor Agency Report 26. San Joaquin Hills Transportation Corridor Agency Report 27. Vector Control Board Report STAFF REPORTS City Manager’s Report City Attorney’s Report COUNCIL MEMBER COMMENTS 28. Council Member Reports of Events and Activities Attended Council Member Ledesma 29. Support of Proposition 98 The following spoke in support of the proposed Resolution: Larry Gilbert, M.V. and Cathy Schlicht, M.V. The following presented a written comment in favor of the proposed Resolution: Max McDougall, M.V. Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, to (1) adopt Resolution 08-32 to Support Proposition 98, Eminent Domain, Limits on Government Authority Initiative Constitutional Amendment; and (2) direct staff to transmit the position of support to the proponents of Proposition 98. 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 Council Member MacLean Stated that this City cannot be responsible for imminent domain issues in other cities and that it is up to the California voters to decide which Proposition they support. Council Member Reavis Asked the City Manager for an update on the placement of the words "In God We Trust" within the City Council Chamber. Mr. Wilberg announced that the lettering has been ordered and will be installed under the City Seal. Council Member Reavis stated that one political consultant has already locked up every available slate for Diane Greenwood and Frank Ury. She encouraged residents to throw slate mailers in the trash and to read about the candidates and issues and then vote with their head. RECESS Mayor Kelley declared a recess at 9:54 p.m. The City Council reconvened at 10:00 p.m. with all five City Council Members present. Mayor Pro Tem Ury 30. Elimination of Current and Future City Council Members from Eligibility for Lifetime Medical Benefits The following spoke in support of the proposed elimination of Lifetime Medical Benefits for the City Council: Larry Gilbert, M.V. and Cathy Schlicht, M.V. The following presented written comments in favor of the proposal: Joyce Saltzgiver and Max McDougall. Motion made by Council Member Reavis, to eliminate all benefits for all City Council Members. The motion died for lack of a second. Motion made by Mayor Pro Tem Ury, seconded by Mayor Kelley, to approve an amendment to the Council Policies to Eliminate Current Council Members from Eligibility in the Mission Viejo Employee Retiree Medical Benefit Program 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 Mayor Pro Tem Ury thanked everyone who came out to Fun With Chalk this past weekend. He expressed his appreciation to the talented artists and to the volunteers who made the event so successful. Mayor Kelley Thanked Frank and Elaine Lieberman and the Fun With Chalk volunteers for their work in providing such a great event this past weekend. She stated that this is a unique festival that draws many members of the community and she was glad to volunteer herself. Mayor Kelley discussed her attendance, last week, at an informative Housing Summit and at an honorary event hosted by the First Marine Division of Camp Pendleton. She displayed a plaque that the City received in appreciation for its adoption of the First Headquarters Battalion. She stated that as the wife of a former Marine, it was very meaningful to participate and to see the benefit that the City provides to the Marines and their families. Mayor Kelley discussed her attendance at a Southern California Association of Governments meeting where the Board approved the Regional Transportation Plan and she stated that the Plan is now moving on to the next step. Mayor Kelley invited residents to attend "Take it Back" which is hosted by Friday Night Live, a Department of Education program. This course will be held at the Murray Center on May 28, 2008, at 7:00 p.m. and will provide a community briefing on youth alcohol abuse. She also reminded her colleagues and City residents that the next Council Meeting, on June 2, 2008 will be held at the Norman P. Murray Community and Senior Center. ADJOURNMENT At the hour of 10:54 p.m., Mayor Kelley adjourned the meeting to Monday, June 2, 2008, at 5:00 p.m. at the Norman P. Murray Community and Senior Center in the Palo Verde Room (Closed Session will be held in the Hibiscus Room.) Karen Hamman, City Clerk |
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