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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 5:02 pm, on July 7, 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 July 3, 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 PLEDGE OF ALLEGIANCE: Mayor Pro Tem Ury INVOCATION: Council Member Reavis 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. RECESS TO CLOSED SESSION AND RECONVENE Mayor Kelley declared a recess to Closed Session at 5:04 p.m. The City Council reconvened in open session at 6:02 p.m. with all five City Council Members present. REPORT OF CLOSED SESSION City Attorney Bill Curley announced that the Council provided direction for Closed Session item CS1 but there was no reportable action. PRESENTATIONS P1. Recognize Lorie Armbruster From Dedicated Animal Welfare Group (DAWG) Mayor Kelley presented the Certificate of Appreciation to Lorie Armbruster, DAWG. P2. Recognize Director of Public Works Loren Anderson on his Retirement from the City Mayor Kelley presented a City Tile and Proclamation to Loren Anderson. PUBLIC COMMENTS Harry Lenczyk, M.V.: stated that residents around the Casta del Sol golf course will suffer deterioration to their property values and the City’s image will be transformed into one of "heavens waiting room" if Sunrise Senior Living obtains the property. Christiane Dudzinski, M.V.: requested that the City become involved in converting the Casta del Sol golf course into a City park instead of allowing more senior housing. Terry Wedel, KSBR, M.V.: thanked the City for the new Village Green facility and the expansion of the Murray Center. He stated that KSBR’s birthday bash returned to its hometown this year and the facility and the event were a huge success. Cathy Schlicht, M.V.: stated that a 2006 traffic accident could have been prevented if police had responded to her report of a non-functioning traffic signal. She questioned the policies of Mission Viejo Police Services and stated that problems still exist in many areas. Paulina Finorio, M.V.: requested the City’s assistance in placing a recycle service at Las Palmas condos, placement of a security guard at the La Paz Intermediate track on the weekends, and installation of speed-bumps near Las Palmas condos. Debra Brodbeck, M.V.: regarding the proposed barking dog ordinance, item #9 on the Consent Calendar, Ms. Brodbeck asked for clarification of the "unreasonable" amount of time for a barking dog to be considered a nuisance and whether there will need to be three complaints from the same person in order to generate action against the pet owner. CONSENT CALENDAR Items 9 and 17 were removed from the Consent Calendar for separate discussion. 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: 1. Waive Reading of Ordinances and Resolutions 2. City Council Minutes 3. Check Register dated May 30, 2008, in the amount of $837,085.54 4. Check Register dated June 6, 2008, in the amount of $1,016,065.61 5. Check Register dated June 13, 2008, in the amount of $931,140.54 6. Check Register dated June 20, 2008, in the amount of $2,904,866.48 7. Mission Viejo Community Facilities District No 92-1 - Annual Special Tax for Fiscal Year 2008-09 8. Mileage Reimbursement 10. Centralized Irrigation System Management 11. Replacing tennis court lights at Montanoso and Sierra Recreation Centers 12. Annual Support for Integrated Library System Software and Hardware for the Mission Viejo Library 13. Seven-Year Public Works Capital Improvement Program (Fiscal Year 2008-2009- Fiscal Year 2014-2015) 14. Federal Safe Routes to School Call-For-Projects: Funding Application for Citywide Crosswalk Signing and Striping Improvements and Safe Routes to School Planning for 10 Schools 15. Professional Services Agreement for Legislative Advocacy Services 16. Review of 2007-2008 Orange County Grand Jury Report, "No County for Old Boomers - When Orange County Baby Boomers Retire, Where Will They Live?" 18. Proposed License Agreement Submitted by Southern California Edison in 19. Proposed Lease Agreement Submitted by Omnipoint Communications Inc., a subsidiary of T-Mobile USA, to construct a wireless telecommunications facility at lower Gilleran Park, 24960 Felipe Road in the City’s R (Recreation) zone, 20. Proposed License Agreement Submitted by Southern California Edison in 21. Proposed Lease Agreement Submitted by Omnipoint Communications Inc., a subsidiary of T-Mobile USA, to construct a wireless telecommunications facility at the World Cup Center Fields (commonly referred to as Thomas R. Potocki Center), at 27301 La Paz Road, in the City’s R (Recreation) zone. 22. Purchase of Support for Mission Viejo Financial Software System 23. Kiwanis Club of Mission Viejo 2008 "Taste of Saddleback Valley" Co-Sponsorship 24. Public Works and Public Services Professional Services Consultant Team PUBLIC HEARINGS 25. Public Hearing to Consider All Objections to the Proposed Abatement of Weeds on Parcels Less than One Acre for the Annual Weed Abatement Program 2008 - Phase 1 Motion made by Council Member Ledesma, seconded by Council Member On roll call, said motion carried by the following vote: OLD BUSINESS 26. Appointment to Fill Unscheduled Vacancy on the Planning and Transportation Commission Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to appoint Peter Bastone to serve on the Planning and Transportation Commission for the remainder of the term. On roll call, said motion carried by the following vote: 27. Providing Cell Phones/Personal Digital Assistants (PDAs) to City Employees for Use on City Business Motion made by Mayor Pro Tem Ury, seconded by Mayor Kelley, to (1) approve Option 5A with the addition of the requirement that employees use Verizon Wireless as their service provider; and (2) adopt Resolution 08-45 Establishing a Personnel Policy on Cell Phone/PDA Allowances for Employees. On roll call, said motion carried by the following vote: 28. Additional Capital Projects to be Included in the FY 2008-09 Budget On roll call, said motion carried by the following vote: Council Member Ledesma stated for the record that he voted no because he does not want to leave an either/or option between deducting from the reserves and monetization. He stated that when you monetize the people giving you money up front expect a high return (approximately 11% or 12%) on their investment, compared with the rather safe bet of an institution lending money at roughly 4« %. Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to approve the contract amendment with ATS Communications for analysis of cell tower monetization. On roll call, said motion carried by the following vote: Motion made by Council Member Reavis, seconded by Council Member MacLean, RECESS Mayor Kelley declared a recess at 7:54 p.m. The City Council reconvened at 8:01 p.m. with all five City Council Members present. NEW BUSINESS ITEMS REMOVED FROM THE CONSENT CALENDAR 9. Ordinance Amending or Deleting Various Sections of Title 10 "Animals" of the Mission Viejo Municipal Code to Administratively Deal with Barking Dog Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, to adopt Ordinance 08-270 Amending the Municipal Code to Allow for Administrative Hearings and Administrative Citations to Reduce Disturbances Caused by Animals. On roll call, said motion carried by the following vote: By consensus, the City Council requested an update on the effectiveness of the Ordinance after the program has been in place for a period of time. MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 29. Letter of Support for Not Closing O’Neill Elementary School The following spoke in support of the Heritage Committee’s letter recommending that O’Neill Elementary School not be closed: Micky Scholte, M.V. and Nancy Cho, President of the Mission Viejo Heritage Committee. Motion made by Mayor Kelley, seconded by Council Member Reavis, to approve the proposed letter from the Heritage Committee to the Saddleback Valley Unified School District Board of Education in support of keeping O’Neill Elementary School opened and adding a paragraph stating that the City is concerned about traffic impacts that will be imposed by the closing of this school and the re-routing of children to other schools. On roll call, said motion carried by the following vote: 30. Social Host Underage Drinking and Consumption Regulatory Ordinance The following spoke in support of the proposed ordinance: Mary Beth Griffin, Mothers Against Drunk Driving of Orange County, Tustin; Desiree Garcia, San Clemente; John Meyers, M.V.; and Joanne Lambert, M.V. The following spoke in opposition to the proposed ordinance: Cathy Schlicht, M.V. The following presented a written comment in opposition to the proposed ordinance: Barbara Anderson, M.V. Sergeant John Meyer addressed questions regarding the Sheriff’s Department Motion made by Mayor Kelley, seconded by Council Member Ledesma, to introduce Ordinance 08-271 Adding Chapter 11.22 of Title 11 of the Mission Viejo Municipal Code Providing for Social Host Underage Drinking and Consumption Accountability. On roll call, said motion carried by the following vote: COUNCIL MEMBER COMMENTS Mayor Kelley 39. CUSD and SVUSD Busing Motion made by Council Member MacLean, seconded by Council Member Reavis, to direct the City Attorney, if we do not see acceptable results in the busing issue, to file a lawsuit against the School Districts for not complying with CEQA laws of the State of California, for not considering environmental consequences, safety concerns, or any other relevant concerns to minimize community and neighborhood impacts; and (2) include, in the proposed lawsuit, the requirement that the School Districts use or convert to alternative fuel vehicles (CNG) to protect students health and to protect the environment. On roll call, said motion carried by the following vote: Council Member Ledesma 38. Development Impact Fee Timing Improvement Motion made by Council Member Ledesma, seconded by Council Member Reavis, to direct city staff to update City ordinances and any corresponding policies to time the City’s Development Impact Fees to be collected 30-days preceding the issuance of a corresponding certificate of occupancy. On roll call, said motion carried by the following vote: ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 17. Extension of Staff Resource Agreement Between OCCOG and the City of City Manager Dennis Wilberg presented the staff report. On roll call, said motion carried by the following vote: Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to reconsider and re-vote. On roll call, said motion carried by the following vote: Motion made by Council Member Ledesma, seconded by Council Member MacLean, to approve he Extension of the Staff Resource Agreement between OCCOG and the City of Mission Viejo regarding the City of Mission Viejo serving as OCCOG Interim Executive Director and providing accounting and financial support, Clerk of the Board support, and legal and administrative support to OCCOG through September 30, 2008. On roll call, said motion failed by the following vote: Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, approve the Extension of the Staff Resource Agreement between OCCOG and the City of Mission Viejo regarding the City of Mission Viejo serving as OCCOG Interim Executive Director and providing accounting and financial support, Clerk of the Board support, and legal and administrative support to OCCOG through June 30, 2009. On roll call, said motion carried by the following vote: MAYOR’S, COMMISSION, AND COMMITTEE REPORTS (Continued) 31. Orange County Fire Authority (OCFA) Report 32. Foothill/Eastern Transportation Corridor Agency Report 33. San Joaquin Hills Transportation Corridor Agency Report 34. Vector Control Board Report Council Member Reavis announced that there has not been a recent meeting of the Vector Control Board so she has nothing to report at this time. STAFF REPORTS City Manager’s Report City Manager Dennis Wilberg announced that City employee Jennifer Olch has been called to report to the National Guard next week to assist with Operation Lighting Strike" for the Northern California fires. City Attorney’s Report 35. Report on Council Member Benefits COUNCIL MEMBER COMMENTS (Continued) 36. Council Member Reports of Events and Activities Attended Council Member Ledesma 37. Money Saving and Green Community Communications On roll call, said motion carried by the following vote: Council Member Ledesma stated that he was happy to participate in the 4th of July Street Faire dunk tank which raised money for the American Cancer Society and he thanked the Mission Viejo Activities Committee for another wonderful community event. Council Member MacLean Echoed thanks to the Mission Viejo Activities Committee and thanked resident Cathy Schlicht for her investment at the dunk tank. Council Member MacLean wished everyone a nice, relaxing summer. Council Member Reavis Stated that she cannot say enough about the Mission Viejo Activities Committee and their extraordinary efforts with the Annual 4th of July Street Faire. Announced that she has been watching the Olympic Trails with renewed enthusiasm and she hopes that residents have been watching and cheering for the Mission Viejo Nadadores who are potential Olympians. Mayor Pro Tem Ury Echoed his colleagues’ thanks to the Mission Viejo Activities Committee for a very fun 4th of July celebration. Mayor Kelley Thanked the Mission Viejo Activities Committee and invited those who are interested in volunteering with the Activities Committee to contact city hall for more information. Mayor Kelley announced that she plans to invite Nadadores Coach Bill Rose to be recognized at a City Council Meeting after he returns from the Olympics. ADJOURNMENT At the hour of 11:18 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, August 18, 2008, at 5:00 p.m. Karen Hamman, City Clerk Approved at the meeting of August 18, 2008 |
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