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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 5:01 pm, on June 16, 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 June 13, 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 MacLean INVOCATION: Council Member Ledesma CLOSED SESSION CS1. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6. 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. RECESS TO CLOSED SESSION AND RECONVENE Mayor Kelley recessed the meeting to Closed Session at 5:02 p.m. The City Council reconvened in open session at 6:05 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. PRESENTATIONS P1. Recognize Mission Viejo High School Teacher Jerry Chris P2. Recognize Mission Viejo High School Principal Marilyn McDowell P3. Recognize Citywide Volunteers for Their 1,000 Hours of Volunteer Service P4. Recognize Waste Management for their $4,811.60 Donation to the Friends of the Mission Viejo Library P5. Recognize the 20th Anniversary of the Mission Viejo Lion’s Club PUBLIC COMMENTS Joyce Saltzgiver, M.V.: presented another 495 signatures from Casta del Sol residents in support of saving the Casta del Sol golf course. F.K. "Joe" Holtzman, M.V.: stated that Director of Public Works Loren Anderson has done a wonderful job for the City and he hopes Loren will be recognized at a City Council Meeting before his upcoming retirement. Discussed shoddy maintenance and care of AT&T utility boxes and presented the City Clerk with photographs and correspondence between himself and an AT&T representative. Larry Gilbert, M.V.: asked for justification of the $25,000 expenditure listed on the check register as "Adopt a Class - Ocean Institute." Stated that he is disappointed that no one from the Mission Viejo Foundation has come before the Council to provide a status update. Finally he said the expenditure of $650,000 for landscape maintenance at fire station #24 needs to be explained and justified. Harry Lenczyk, M.V.: stated that those with property adjacent to the Casta del Sol golf course face a reduction in property value if Sunrise Senior Living builds on the land. Hilda Baitoo, M.V.: speaking as a resident and also as Chairperson of the Cultural Arts Committee, thanked the City Council for supporting public art projects and discussed how residents benefit from the many events and projects that are held throughout the City. Stuart Jasper, M.V.: stated that a homeowner in Mission Ridge is proposing to build and 18-car underground garage. Stated that this is not a compatible use in the community and as neighbors, they have strong grounds for opposition to this proposal. CONSENT CALENDAR Items 8 and 10 were removed from the Consent Calendar for separate discussion. Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, 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 NOES: None ABSENT: None 1. Waive Reading of Ordinances and Resolutions 2. City Council Minutes 3. Check Register dated May 23, 2008, in the amount of $2,444,206.79 4. City Treasurer’s Monthly Report for April 2008 5. Community Development Agency Treasurer’s Monthly Report for April 2008 6. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for April 2008 7. Community Development Agency Loan -- For Agency Operations 9. Contract Amendment with the City of Laguna Niguel for Animal Control and Shelter Services 11. Senior Citizen Transportation Program - Contract Extension 12. 2008 Residential Resurfacing (CIP 838) 13. Purchase of Backup System 14. Planning and Transportation Commissioner Resignation 15. General Municipal Election - November 4, 2008 PUBLIC HEARINGS OLD BUSINESS 16. Community Opinion Survey on Special Topics Dr. Timothy McLarney, True North Research: discussed results of the special topic survey of residents which was conducted in April 2008 to assess the residents’ satisfaction with current City services and priorities for the City’s future direction. Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to (1) receive the final report; and (2) concur with the report’s findings related to revitalization options, strategic priorities, and community event preferences for staff to use as a basis for developing follow-up action plans. 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 17. South Orange County Major Investment Study (SOCMIS) Presentation 18. "Go Local" Transit Program Final Report Motion made by Council Member MacLean, seconded by Council Member Ledesma, to authorize staff to submit the City of Mission Viejo’s "Go Local" Final Report for Step One to the Orange County Transportation Authority. 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 NEW BUSINESS 19. Ordinance Amending or Deleting Various Sections of Title 10 "Animals" of the Mission Viejo Municipal Code to administratively deal with barking dog complaints. Director of Public Services Keith Rattay presented the staff report. Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, to introduce Ordinance No. 08-270, Amending the Municipal Code to allow for Administrative Hearings and Administrative Citations to Reduce Disturbances Caused By Animals, to the City Council of the City of Mission Viejo Amending or Deleting Various Sections of Title 10 "Animals" of the Mission Viejo Municipal Code. 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 ITEMS REMOVED FROM THE CONSENT CALENDAR 8. FY 2008-09 Law Enforcement Services Agreement and Additional Law Enforcement Services Provided by the Orange County Sheriff’s Department Delta Unit Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, to (1) approve the FY 2008-09 Law Enforcement Services Agreement with the County of Orange for an amount not to exceed $14,650,188; and (2) authorize the City Manager to approve reimbursements related to special enforcement services in an amount not to exceed $65,000 for FY 2008-09. 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 10. Cell Phone/PDA Allowances for Employees Accounting Manager Bob Barry presented the staff report. Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to send this matter back to staff to address compensation, service providers, and to provide clarification on the proposed policy. On roll call, said motion carried by the following vote: AYES: Mayor Pro Tem Ury, Council Member Ledesma, Council Member MacLean, and Council Member Reavis NOES: Mayor Kelley ABSENT: None MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 20. Orange County Fire Authority (OCFA) Report RECESS Mayor Kelley decared a recess at 9:01 p.m. The City Council reconvened at 9:07 p.m. with all five City Council Members present. 21. Foothill/Eastern Transportation Corridor Agency Report 22. San Joaquin Hills Transportation Corridor Agency Report 23. Vector Control Board Report STAFF REPORTS City Manager’s Report 24. Update and Review of City’s Trespass Ordinance and Related Issues City Attorney’s Report 25. Amicus Request From Hermosa Beach City Attorney Bill Curley presented the staff report. Motion made by Council Member MacLean, seconded by Council Member Reavis, to direct the City Attorney to transmit a letter to the Court of Appeals in support of the City of Hermosa Beach’s petition for review pursuant to Rule 8.500(g) of the Rules of the Court (City of Hermosa Beach v. Superior Court - Windward Associates, Case No. S163355). 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 26. Preparation of Educational Materials Relating to the Land-Use Initiative
Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to direct City Staff and the City Attorney to prepare fair and unbiased materials that discuss the land-use initiative that is being circulated in Mission Viejo. 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 COUNCIL MEMBER COMMENTS 27. 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 Council Member MacLean Council Member Reavis Asked the television crew to direct the camera to the words "In God We Trust" which are now displayed in the Council Chamber. Outlined her recent attendance at the 235th Anniversary of the Army and at the 40th Anniversary Celebration of the Nadadores Swim Team. Announced that Coach Rose has been named to the 2008 Olympic Team Coaching Staff for swimming and Mission Viejo's own Chloe Sutton is the second swimmer to make the American Team. Reminded residents to review the Leisure Time brochure and she drew attention to the new Parents Night Out program at Montanoso Recreation Center. Those interested can get more information by calling (949) 859-4348. Mayor Pro Tem Ury Mayor Kelley Reminded residents that the Relay for Life will be held this coming Saturday, June 21st at Saddleback College. More information is available on-line at www.mvrelay.org. Mayor Kelley discussed her attendance at the event commemorating the Nadadores 40th anniversary and stated that we are very proud of swimmer Chloe Sutton and Coach Rose. Announced that she spent some time on the phone with Congressman Gary Miller this morning and she encouraged him to push for the five appropriations that Mission Viejo has requested. Congressman Miller assured Mayor Kelley that he will do his best to secure those Federal dollars. ADJOURNMENT At the hour of 9:50 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, June 30, 2008, at 5:00 p.m. Karen Hamman, City Clerk Approved at the meeting of July 7, 2008 |
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