Minutes 2008_09_02

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

September 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 5:02 pm, on September 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 August 27, 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
Mayor Pro Tem Ury
Council Member Ledesma
Council Member MacLean
Council Member Reavis

Absent:
None

Staff Present:
Dennis Wilberg, City Manager
Irwin Bornstein, Assistant City Manager/Director of Admin. Services
William P. Curley III, City Attorney
Karen Hamman, City Clerk

PLEDGE OF ALLEGIANCE: Council Member Ledesma

INVOCATION: Mayor Kelley

CLOSED SESSION

Council Member Reavis stated that she will not be attending the Closed Session because she feels threatened by Council Member MacLean after the events during last Closed Session meeting.

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 recessed the meeting to Closed Session at 5:05 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 for Closed Session Item CS1, the City Council provided direction to his office but there was no reportable action

PRESENTATIONS

P1. Introduction of Orange County Sheriff-Coroner Sandra Hutchens
Mayor Kelley introduced Sheriff Sandra Hutchens.

PUBLIC COMMENTS

Cathy Schlicht, M.V.: announced that she is running for a seat on the City Council and she was recently sued for violating the Election Code by mentioning party affiliation in her Candidate Statement. Ms. Schlicht stated that she is running for office because she wants to be a voice for the public.

Connie Lee, M.V.: provided an update on the signature gathering process for the Right to Vote Initiative and stated that some residents are under the misimpression that the Council voted to save the Casta del Sol Golf Course.

CONSENT CALENDAR

Item 5 was removed from the Consent Calendar for separate discussion.

Motion made by Council Member Ledesma, seconded by Mayor Pro Tem Ury, 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
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 Meeting of August 18, 2008, as presented.

3. Check Register dated August 8, 2008, in the amount of $2,207,251.67
Ratified the accompanying check register.

4. Check Register dated August 15, 2008, in the amount of $1,275,556.92
Ratified the accompanying check register.

6. Oso/Marguerite Intersection Improvements (CIP 844)
(1) Approved the easement acquisition agreements at a total cost of $362,384 and accepted the associated easement deeds; and (2) authorized the City Clerk to record the easement deeds in the office of the County Recorder.

7. Communication Circuit Between City Hall and Disaster Recovery Site in San Diego
Approved entering into a three-year contract with Cox Business for services in the amount of $97,200 and issuing a purchase order in the amount of $32,400 for the first year of the contract.

8. Coronado Homes Permit Parking Program-Time Limit Revision
Adopt Resolution 08-46 Amending Resolution 89-66 Relating to the Coronado Homes Permit Parking Program.

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

5. Crown Valley Parkway Widening (CIP 752)
Capital Projects Administrator Mark Chagnon provided a status report for the Crown Valley Parkway Widening Project. Based on San Diego Gas and Electric’s commitment to complete its final major facility relocations by September 19, 2008, the City believes the widening project can be completed by the end of March 2009.

Duane Cave, SDG&E: discussed the upcoming scheduled electric outage and confirmed that affected customers have been properly notified.

Motion made by Council Member MacLean, seconded by Council Member Ledesma, to receive and file the report.

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

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

9. Contract with Fiesta Parade Floats

Director of Public Services Keith Rattay presented the staff report.

Tim Estes, Fiesta Parade Floats, Pasadena: discussed his company’s qualifications and displayed a color rendering of the proposed float design.

The following expressed opposition to a Rose Parade Float: Joe Uhrig, M.V. and M.V. Cathy Schlicht, M.V.

The following expressed support for a Rose Parade Float: Don Asay, M.V.; Helen Workun, M.V.; Robert Breton, M.V.; Jim Flynn, M.V.; and Greg Hogan, M.V.

The following presented written comments in favor of a Rose Parade Float: Jim Holmes, M.V.; Nancy Cho, M.V.; and Herb Abrams, M.V.

Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to (1) approve the proposed float design; and (2) award a contract to Fiesta Parade Floats in an amount not to exceed $300,000 for the City of Mission Viejo 2009 Rose Parade Float Entry.

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

AYES: Council Member MacLean, Mayor Kelley, Mayor Pro Tem Ury, and Council Member Ledesma
NOES: Council Member Reavis
ABSENT: None

RECESS

Mayor Kelley declared a recess at 7:36 p.m. The City Council reconvened at 7:47 p.m. with all five City Council Members present.

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

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

12. San Joaquin Hills Transportation Corridor Agency Report
Council Member Ledesma announced that there has not been a recent meeting of the San Joaquin Hills TCA so he has nothing to report at this time.

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

STAFF REPORTS

City Manager’s Report

City Attorney’s Report

COUNCIL MEMBER COMMENTS

14. 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

Asked staff to return at an upcoming City Council Meeting with an engineering report on Lower Curtis Park to describe what it will take to allow for future development in that area if the Council should consider such an option. Council Member MacLean discussed the appearance of the service organizations board at the corner or La Paz and Marguerite and asked what the City could do to update or revamp that board. Reminded residents that school started today and to keep safety in mind while driving.

Council Member Reavis

Council Member Reavis asked the City Manager to provide a report at the next City Council Meeting with an update on the busing situation now that school has started and to offer ideas for those parents who are affected by the lack of school buses.

Mayor Pro Tem Ury

Mayor Kelley

Reminded the community that there is an opportunity to contribute to the Saddleback College Veterans Memorial. With a $100 donation, individuals can have their name placed on a brick that will be used to build part of the memorial. Those interested can contact Mayor Kelley for more information. Reminded residents that there will be a triathlon in Mission Viejo on September 28, 2008, beginning at 7:00 a.m. at Lake Mission Viejo. This is an exciting event that is returning to the City and she encouraged residents to participate or to come out and watch. Mayor Kelley announced that the Community of Character word for the month of September is responsibility.

ADJOURNMENT

At the hour of 8:05 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, September 15, 2008, at 5:00 p.m.

Karen Hamman, City Clerk

Approved at the meeting of September 15, 2008