Minutes_2008_06_02

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

June 2, 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 June 2, 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 28, 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."

CALL TO ORDER—CITY COUNCIL, COMMUNITY DEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY, PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF TRUSTEES

Present:
Council Member Ledesma
Council Member MacLean
Council Member Reavis
Mayor Pro Tem Ury
Mayor Kelley

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: Council Member Ledesma

INVOCATION: Mayor Kelley

CLOSED SESSION

CS1. Conference with City Attorney Concerning One Matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Jose Guadalupe Gomez Mejia; Orange County Community Housing Corporation; Public Law Center v. City of Mission Viejo; Case Status Update.

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Kelley declared the meeting recessed to Closed Session at 5:05 p.m. The City Council reconvened at 6:00 p.m. with all five City Council Members present.

REPORT OF CLOSED SESSION

City Attorney Bill Curley announced that the Council was given an update in Closed Session but there was no reportable action.

PRESENTATIONS

P1. Recognize the 40th Anniversary of O’Neill Elementary School
Mayor Kelley presented the Proclamation to Tom Potwora, Principal of O’Neill Elementary School.

P2. Recognize the Three Finalists for the Community of Character Middle School Essay Contest
Mayor Kelley presented Certificates of Recognition to Kylie West, La Paz Intermediate School, and Brandon Scarpato, Newhart Middle School. Essay finalist Megan Dickinson, Los Alisos Intermediate School, was unable to attend the meeting.

P3. Community of Character Awards
Mayor Kelley presented Community of Character Awards to the Coaches and members of "Newhart Students Run L.A." who raised funds for a fellow-student through the Make a Wish Foundation.

P4. Recognize the Capistrano Valley High School Varsity Cheer Team for Placing First and Winning the Ultimate Cup at the Cheerleaders of America Championship in Orlando Florida
Mayor Kelley presented Commendations to Varsity Cheer Coach Cris Stuart and Members of the CVHS Varsity Cheer Team.

P5. Recognize the Capistrano Valley High School Varsity Song Team for Winning First Place in the Pom and Jazz Divisions at the Cheerleaders of America Championship in Orlando Florida
Mayor Kelley presented the Commendations to Song Coach Hayley Schumaker and Members of the CVHS Varsity Song Team.

P6. Recognize Principal Tom Ressler of Capistrano Valley High School
Mayor Kelley presented the Commendation to Principal Tom Ressler.

RECESS

Mayor Kelley declared a recess at 6:32 p.m. The City Council reconvened at 6:39 p.m. with all five City Council Members present.

PUBLIC COMMENTS

Sally Taylor, M.V.: on behalf of the knitting group “Crafty Ladies,” she presented Council Member Ledesma with a pink sweater, hat, and booties for his new daughter.

Bob Holzclaw, Lake Forest: discussed activities at the day laborer site at Los Alisos and Jeronimo and asked the City Council to look into the arrest policy for those violating the City’s treaspass ordinance. Mayor Kelley asked the Chief of Police to provide an update at the next City Council Meeting. Wayne Link, M.V.: speaking in support of his neighbor, Eric Holtz, who is renovating a home in the Mission Ridge neighborhood. Mr. Link stated that the remodel is an investment in the home and also in the neighborhood.

Eric Holtz, M.V.: introduced himself to the City Council and stated that he has had a good experience working with members of City staff during his remodel project.

Cathy Schlicht, M.V.: protested the change of venue for tonight’s City Council Meeting because she believes that highlighting the accomplishment of Capo School District students is an attempt to influence the outcome of the upcoming recall election.

Debra Reed, Public Affairs Director, South Coast AQMD: announced that nominations are now open for the 20th Annual AQMD Clean Air Awards (applications will be available with the City Clerk). She further announced the upcoming conference on new and emerging clean air technologies, to be held at the Long Beach Convention Center from September 14-16, 2008.

CONSENT CALENDAR

Item 3 was removed from the Consent Calendar for separate discussion.

Motion made by Council Member MacLean, seconded by Council Member Ledesma, to approve the Consent Calendar as described below.

On roll call, said motion carried by the following vote:
AYES: Council Member Ledesma, Council Member MacLean, Council Member Reavis, Mayor Pro Tem Ury, and Mayor Kelley

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 for the regular City Council Meeting of May 19, 2008, as presented.

4. Check Register dated May 9, 2008, in the amount of $699,910.24
Ratify the accompanying check register.

5. Check Register dated May 16, 2008, in the amount of $1,063,337.40
Ratified the accompanying check register.

6. Amendment to Section 5.04.400 of Chapter 5.04 of the Municipal Code Relating to Holders of State Video Franchises
Adopted 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.

7. Purchase of One (1) Pickup Truck for Public Services
(1) Awarded a purchase agreement for one Public Services pickup truck to Villa Ford in the amount not to exceed $39,733.73; and (2) directed staff to re-bid the remaining (1) pickup truck.

8. FY 2008-09 Budget Calendar
Adopted the proposed calendar for the Mid-Cycle Budget Review for FY 2008-09, as included in Exhibit B.

9. Banking Services
(1) Approved the selection of Bank of the West to provide banking services to the City of Mission Viejo for the two-year period July 1, 2008, through June 30, 2010; and (2) approved the Community Development Agency selection of Bank of the West to provide banking services to the Community Development Agency of the City of Mission Viejo for the two-year period July 1, 2008, through June 30, 2010.

PUBLIC HEARINGS

OLD BUSINESS

10. Social Host Underage Drinking and Consumption Regulatory Ordinance
City Attorney Bill Curley presented the staff report.

The following spoke in opposition to the proposed ordinance: Dennis Walsh, M.V.; Tom Griggs, M.V.; and Cathy Schlicht, M.V.

The following spoke in support of the proposed ordinance: Stephan Lambert, M.V.; Diane Hernandez, M.V.; Jeanne Lambert, M.V.; Lillian Janzs M.V.; Jeramy Weigand, M.V.; John Meyers, M.V.; Valerie Meyers, M.V.; Sherry Graham, M.V.

The following presented written comments in opposition to the proposed Ordinance: Joe Holtzman, M.V.; Larry Gilbert, M.V.; and Tom Griggs, M.V.

Motion made by Mayor Pro Tem Ury, seconded by Mayor Kelley, to create an ad hoc committee to explore the creation of the Social Host Ordinance, taking into account the discussions from tonight’s meeting and input from the Council Members and the public, and report back to the City Council within 30 days.

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

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

NOES: Council Member MacLean, and Council Member Reavis

ABSENT: None

Mayor Kelley appointed herself and Council Member Ledesma to serve on the Social Host Ordinance ad hoc committee.

11. Ordinance Regarding Multiple Responses to Loud or Disruptive Parties, Gatherings or Events

By consensus, the City Council continued this item and added the matter to the Social Host Ad Hoc Committee’s jurisdiction. The proposed Ordinance will come back to the City Council when the Social Host Ordinance is returned.

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

Mayor Pro Tem Ury departed the meeting at 8:40 p.m. and did not return.

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

3. Claim Against the City - Toy White and Steve White

City Attorney Bill Curley presented the staff report.

Cathy Schlicht, M.V.: expressed concern that Animal Control Officers and Sheriff’s Deputies may have entered the claimant’s home without a warrant.

Motion made by Council Member Ledesma, seconded by Council Member MacLean, to reject the claim.

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

AYES: Council Member Ledesma, Council Member MacLean, Council Member Reavis, and Mayor Kelley

NOES: None

ABSENT: Mayor Pro Tem Ury

RECESS

Mayor Kelley declared a recess at 8:47 p.m. The City Council reconvened at 8:55 p.m. with four City Council Members present (Mayor Pro Tem Ury was absent).

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

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

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

14. San Joaquin Hills Transportation Corridor Agency Report
Received the report from Council Member Ledesma.

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

STAFF REPORTS

City Manager’s Report

Assistant City Manager/Director of Administrative Services Irwin Bornstein provided a brief update on the CUSD preliminary application for grant funding for a Capistrano Valley High School Performing Arts Center. At this time, the school district must submit a formal grant application to the State, including details of the proposed project and with funding sources identified (i.e. CFD 87-1 or City’s CDA pass through funds). Mr. Bornstein will provide further details as they become available.

City Attorney’s Report

COUNCIL MEMBER COMMENTS

16. 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 members of the Crafty Ladies Club who knitted a sweater, booties, and a hat for his new baby daughter.

Council Member MacLean

Council Member Reavis

Discussed her attendance at the recent Claremont Institute seminar on Local Government and Major Public Policy. She stated that term limits can be a double-edged sword because elected officials no longer have a long-term view and they are not around to feel the consequences of their actions. Council Member Reavis announced that UDR recently came before the Palmia Homeowners Association and the developer provided misleading information to the Board Members. Although the City approved UDR’s high-end town home project, they are now claiming that they will build apartments that can be converted to condominiums. She stated that UDR claims to be working with the City to remove the affordable housing component and she is very concerned that the builder is violating the constraints of their approved project.

Mayor Kelley

Mayor Kelley announced the names of the Saddleback Valley Unified School District Teachers of the Year for Mission Viejo Schools:

Cordillera Elementary – Cindy Nicoll
De Portola Elementary – Mike Ravetti
Del Cerro Elementary – Jean Duffy
Del Lago Elementary – Jill Nau
Esperanza Special Education School – Mel Coe
Glen Yermo Elementary – Karen Simeroth
La Paz Intermediate – Jane Stoner
La Tierra Elementary – Stephanie Williams
Linda Vista Elementary – Cindy Clottu
Lost Alisos Intermediate – Brenda M. Meyer
Mission Viejo High School– Jerry Chris
Montevideo Elementary – Jill Bennett
O’Neill Elementary – Julie Jacobs
Silverado High School – Jay Rayl
Trabuco Hills High School - Georgann Marietta

She thanked these teachers and all teachers for their commitment to children and to education. Mayor Kelley outlined her attendance at a Kiwanis Club dinner designed to honor outstanding student accomplishments in Mission Viejo schools and she also discussed her recent opportunity to job shadow with a CUSD classified staff employee, working with food servers in the kitchen at Capistrano Valley High School. She further announced that Mission Viejo’s radio station KSBR recently held their birthday bash at the Oso Viejo Park and it was a great success. She also touched on her attendance a mock DUI crash, held at Capistrano Valley High School, and the “Take it Back” event hosted by the Saturday Night Live Group. She thanked Karen Wylie and all the staff members who worked so hard to plan another touching Memorial Day ceremony at the Community Center’s Veterans Memorial. Mayor Kelley announced that the Dedicated Animal Welfare Group (DAWG) will host its annual Pet Faire and Dog Walk on June 28, 2008, and she encouraged residents to join a Team for Mission Viejo’s Relay for Life, to be held on June 21 and 22, 2008. More information is available at www.mvrelay.org.

ADJOURNMENT

At the hour of 9:16 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, June 16, 2008, at 5:00 p.m.

Karen Hamman, City Clerk
Approved at the meeting of June 16, 2008