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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 5:04 pm, on August 18, 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 August 15, 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. Potential Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. One Case Under Consideration RECESS TO CLOSED SESSION AND RECONVENE Mayor Kelley declared a recess to Closed Session at 5:06 p.m. The City Council reconvened in open session at 6:06 p.m. with all five City Council Members present. REPORT OF CLOSED SESSION City Attorney Curley announced that the City Council considered as a followup to the prior meeting the lack of progress the Capistrano Unified School District is making on their CEQA Analysis of their busing program and the cuts they are contemplating. The Council will continue the direction given at the prior Open Session and confirm that if the CEQA process is not properly followed the Council will pursue both a short-term temporary injunction, a long-term injunction and a Writ of Mandate to compel the District to properly undertake the CEQA review process. PRESENTATIONS P2. Presentation by County Supervisor Patricia Bates of $500,000 from Proposition 1B Grant Funding from the County of Orange for the Widening of Oso Parkway P3. Certificate of Appointment for Newly Appointed Planning and Transportation Commissioner Peter Bastone P4. Recognize the 40th Anniversary of the Mission Viejo Activities Committee PUBLIC COMMENTS Les Sykes, M.V.: commended City staff on the symphony concert and for a job well done job with the street resurfacing project throughout the City. Marlene Gerloff, M.V.: spoke about the importance of the cultural arts and wanted to thank the Council, City Staff, and the Cultural Arts Committee for the outstanding programs in the arts. Announced that Mission Viejo has been chosen to be recognized for it’ support of the arts by Arts Orange County and the California Alliance for Arts Education. Larry Gilbert, M.V.: expressed opposition to the City’s participation in the Pasadena Tournament of Roses Parade. Joyce Saltzgiver, M.V.: spoke about the parking situation on Casta del Sol Drive during YMCA swim meets. Inquired about expanding the parking lot for the YMCA. Mike Michelson, M.V.: complained about the slow progress of the Crown Valley Project, specifically the corner of Marguerite and Crown Valley Parkways. Harry Lenczyk, M.V.: thanked Council Member Reavis for her service on the City Council and wished her well in her future endeavors. Kathy Miramontes, M.V.: expressed concern about the dangerous parking situations on the City Streets in the Aliso Villas Condominium Community. Suggested that parallel parking strips would alleviate the danger and allow more visibility for motorists. Mike Slater, M.V.: applauded the decision of Sunrise Senior Living for not pursuing senior housing around the Casta del Sol Golf Course. Stated he is in favor of allowing the residents to vote on any zone changes or general plan amendments. Sharon Cody, M.V.: addressed item 23 on the Consent Calendar and stated that the Grand Jury’s report is flawed. Connie Lee, M.V.: spoke about the MV Right to Vote iniatiative. CONSENT CALENDAR Items 22, 25, 28, 30, 31, and 33 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: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, Council Member MacLean, and Council Member Reavis 5. Waive Reading of Ordinances and Resolutions 6. Number not used. 7. City Council Minutes 8. Check Register dated June 27, 2008, in the amount of $3,332,672. 9. Check Register dated July 4, 2008, in the amount of $1,610,492.88 10. Check Register dated July 11, 2008, in the amount of $494,579.04 11. Check Register dated July 18, 2008, in the amount of $1,559,531.00 12 Check Register dated July 25, 2008, in the amount of $1,431,355.91 13. Check Register dated August 1, 2008, in the amount of $748,776.61 14. Fifth Amendment to City Manager Employment Agreement 15. City Treasurer’s Monthly Report for May 2008 16. Community Development Agency Treasurer’s Monthly Report for May 2008 17. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for May 2008 18. City Treasurer’s Monthly Report for June 2008 19. Community Development Agency Treasurer’s Monthly Report for June 2008 20. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for June 2008 21. Claim Against the City- Zohreh Monjazeb 23. Review of 2007-2008 Orange County Grand Jury Report, "Is Orange County Going to the Dogs?" 24. Claim Against the City-Nancy Inigo Javier and Placido Inigo 26. Livescan Fingerprint Rolling Fee 27. 2008 Residential Resurfacing (CIP 838) 29. Temporary Contract Planner Services for Community Development Department 32. Microsoft Licensing Renewal Agreement PUBLIC HEARINGS OLD BUSINESS NEW BUSINESS ITEMS REMOVED FROM THE CONSENT CALENDAR 22. Social Host Underage Drinking and Consumption Regulatory Ordinance Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to adopt 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: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, Council Member MacLean, and Council Member Reavis 25. Update on Casta del Sol Golf Course 28. Proposed License Agreement Submitted by Southern California Edison in Conjunction with Proposal by T-Mobile USA to Construct a Wireless Telecommunications Facility on an Existing Southern California Edison (SCE) Transmission Tower Located at 28531 Melinda Road in the City’s R (Recreation) zone Director of Planning Chuck Wilson presented the staff report. Motion made by Mayor Pro Tem Ury, seconded by Council Member Ledesma, to approve and authorize the City Manager to Execute the Lease Agreement. On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, and Council Member MacLean 30. Update of City Legislative Platform Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, oppose legislation that provides eminent domain protection, support the position of OCTA and South Orange County major Investment Study of a link between the 73 and 241 toll roads, oppose a new freeway entrance and exit between Crown Valley Parkway and Avery Parkway, oppose legislation to ensure an equitable tax structure and a level playing field between e-commerce stores and traditional retail establishments, and add a position in support of the right to carry laws. 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 31. Participation in the Countywide Public Mass Notification System - AlertOC Public Services Administration Manager Paul Catsimanes presented the staff report. Motion made by Mayor Kelley, seconded by Council Member Reavis, to approve the Memorandum of Understanding (MOU) between the County of Orange and the City of Mission Viejo for the purpose of participating in the Countywide Public Mass Notification System (AlertOC). 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 33. Communication Circuit Between City Hall and Disaster Recovery Site in San Diego Director of Information Technology Jackie Alexander presented the staff report. Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to reject all bids and to go back out to re-bid the project. On roll call, said motion carried by the following vote: AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, and Council Member MacLean RECESS Mayor Kelley declared a recess at 7:20 p.m. The City Council reconvened at 7:35 p.m. with all five City Council Members present. MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 34. Evaluation of Proposals Solicited by ATS Communications for the Monetization of the City’s Cell Site Leases Assistant City Manager/Director of Administrative Services Irwin Bornstein presented the staff 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., Cathy Schlicht, M.V., Joe Holtzman, M.V., and Neil Lonsinger, M.V. Motion made by Council Member Ledesma, seconded by Mayor Kelley, to confirm the Investment Advisory Commission’s recommendation of August 15, 2008; (1) not to proceed with the monetization of the City’s 22 cell site leases nor to accept the three proposals received from ATS Communications; and (2) to have staff conduct further analysis of just those cell site leases involving the highest amount of risk, to determine if it would be worthwhile to consider monetizing just those leases, with staff making the determination of which leases involve the highest amount of risk 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 RECESS Mayor Kelley declared a recess at 9:10 p.m. The City Council reconvened at 9:20p.m. with all five City Council Members present 35. Orange County Fire Authority (OCFA) Report 36. Foothill/Eastern Transportation Corridor Agency Report 37. San Joaquin Hills Transportation Corridor Agency Report 38. Vector Control Board Report STAFF REPORTS City Manager’s Report City Attorney’s Report COUNCIL MEMBER COMMENTS 39. 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 his council colleagues for supporting him on his recommended changes to the legislative platform. Council Member MacLean Stated that tomorrow is a new day and he will be in a better mood. Council Member Reavis Announced that she is not running for a third term and read the following statement: "My Husband Rick, retired 15 years ago. For the past 12 years he has put his retirement on hold to work with, and to support me in two very important undertakings. First to stop the airport at El Toro, and for the past 8 years to run my campaigns and support my work as a Council woman, Vice Mayor and twice as Mayor of the great City of Mission Viejo. For us, this has not been a part time job. We have been called at midnight, weekends, holidays and have had trips interrupted to get back in time for meeting and events in and for the city. We did this together, without reservation for 8 years because we love the wonderful City of Mission Viejo. After much soul searching, we believe in term limits and, if the voters had had a choice, we believe they would have chosen 8 years, two terms, instead of 12 years and three terms limit. While I could run for another term, I made a statement two months ago, in open session that I felt two terms and 8 years should be the norm. I am living up to that statement. My husband will celebrate his 76th birthday on September 1st. We have a world to see and travel plans we have put on hold for 12 years. On May 23rd we decided together not to wait any longer to enjoy these years we have together, by traveling the world. Most of you know we enjoy cruising and our next trip is already booked. We now can plan several longer trips in 2009, because we will not have the duties of the city council to attend to. It has been an honor and a pleasure to serve the residents of Mission Viejo. I will still be here to contribute, but for now it is family and friends first." Mayor Pro Tem Ury Announced that he along with his colleagues attended the Presidential Forum held at Saddleback Church. Thanked former Council Member Bill Craycraft for all his work and the accommodations he provided for the City Council during this event. Mayor Kelley Announced that she was invited by Congressman Gary Miller to attend a meeting with United States HUD Secretary Steve Preston. The topic was new legislation "The Hope for Homeowners" that will be launched in October. Stated that she wanted to let residents know that regarding foreclosure there is help and information on the City’s website and in the newspaper. She also attended a SCAG/TCC meeting on August 7th, regarding the potential amendments to the 2008 Regional Transportation Program and also discussed the Multi-County Goods Movement Action Plan which is an attempt to deal with the transportation goods which has affected Southern California dramatically. Attended two OC Parks Commission meetings which she was appointed to in May. The commission attended a field trip to Mile Square Park and she encouraged residents to visit the park. Reminded the public that Saddleback College is building a Veteran’s Memorial on their campus. It is currently under construction and they are still trying to raise funds. For $100 you can purchase a personalized brick that will be a part of this memorial. If you are interested please call or email her. Concluded with the Character Quality of the Month Self Control. Wished our Olympians and Coach Rose the best. ADJOURNMENT At the hour of 9:37 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Tuesday, September 2, 2008, at 5:00 p.m. Karen Hamman, City Clerk Approved at the meeting of September 2, 2008 |
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