Minutes_2008_09_15

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

September 15, 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 September 15, 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 September 12, 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

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 MacLean

INVOCATION: Council Member Ledesma

CLOSED SESSION

CS1. Conference with the City’s Real Property Negotiator (City Manager/Executive Director Dennis Wilberg and City Attorney William Curley) Pursuant to Government Code Section 54956.8 Concerning Real Property Located Adjacent to and Easterly of the City’s Marguerite Tennis Center and Marguerite Aquatics Center, Easterly of the Saddleback YMCA, and Southerly of Casta del Sol Road (Assessors Parcel Number 808-720-07, a portion of Lot 12, Tract No. 10397) in the City of Mission Viejo. The Negotiating Parties Are the City of Mission Viejo and Chabad Jewish Center of Mission Viejo. Under Negotiation Will Be the Price and Terms of Payment for the Property Interest to Be Acquired. Final Action, if any, on This Matter will be Taken in Public Session at a Future Council Meeting Following Public Comments.

CS2. Conference with Legal Counsel-Anticipated Litigation. Potential Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. One Case Under Consideration.

CS3. Labor Negotiations-The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957.6 Regarding Salary, Salary Schedule, and Compensation Paid in the Form of Fringe Benefits. The City’s Negotiator is City Manager Dennis Wilberg. Unrepresented employee: Public Works Director.

RECESS TO CLOSED SESSION AND RECONVENE

Mayor Kelley recessed the meeting to Closed Session at 5:01 p.m. The City Council reconvened in open session at 6:03 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 staff. For CS2 and CS3 there was no reportable action.

PRESENTATIONS

P1. Recognize Saddleback College on Their 40th Anniversary and Introduce President, Dr. Tod Burnett
Mayor Kelley presented the Proclamation to Dr. Tod Burnett.

P2. Recognize the Relay for Life Committee for their Fundraising Efforts
Mayor Kelley presented Certificates of Appreciation to members of the Relay for Life Committee.

P3. Caltrans Presentation on Oso Parkway Operational Improvement Project
The City Council received the presentation from Ahmed Abou-Abdou, Caltrans Project Manager and Kenneth Oh, Caltrans Resident Engineer.

P4. Announcement of the Name of Mission Viejo’s 2009 Tournament of Roses Parade Float Entry
Mayor Kelley revealed the results of the city-wide float naming contest: "Making a Splash."

PUBLIC COMMENTS

Jorge Hernandez, Cox Communications, Orange County: provided an update on Cox Communications’ preparation for the transition to Digital Television and outlined efforts to educate customers. He announced that residents can find more information on digital transition at www.cox.com or by calling (949) 546-2020. Dr. Frank Lieberman, M.V.: thanked the City Council, the City Manager, and staff for supporting his Fun With Chalk Festival again this year. Announced that he is planning to institute a Mission Viejo Antique and Fine Art Show in the winter of 2009 to benefit Fun With Chalk and to validate Mission Viejo as a center for the arts. Finally, Dr. Lieberman asked that the Potocki Center be converted into a dedicated Center for the Arts.

CONSENT CALENDAR

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 City Council Meeting of September 2, 2008, as presented.

3. Application for Leave to Present a Late Claim - Dora Ruhter
Rejected the application for leave to present a late claim.

4. Check Register dated August 22, 2008, in the amount of $803,917.15
Ratified the accompanying check register.

5. Check Register dated August 29, 2008, in the amount of $2,351,291.02
Ratified the accompanying check register.

6. City Treasurer’s Monthly Report for July 2008
Received and filed.

7. Community Development Agency Treasurer’s Monthly Report for July 2008
Received and filed.

8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for July 2008
Received and filed.

9. Financial Report for the City of Mission Viejo - For the Year Ended June 30, 2008 (Preliminary-Unaudited)
Received and filed.

10. Financial Report for the Community Development Agency - For the Year Ended June 30, 2008 (Preliminary-Unaudited)
Received and filed.

11. Financial Report for the Community Development Financing Authority - For the Year Ended June 30, 2008 (Preliminary-Unaudited)
Received and filed.

12. City Treasurer’s Annual Report for Fiscal Year 2007-08 and Annual Review of City’s Investment Policy
1) Received and filed the accompanying City Treasurer's Annual Report for Fiscal Year 2007-08; 2) adopted Resolution 08-47 Approving the City's Investment Policy for FY 2008-09; and 3) set the Benchmark Index for FY 2008-09 to be a Government Securities Index comprised of 50% three-month Treasury Bills; 35% Treasury and Agency securities with maturities greater than one year an dup to three years; and 15% Treasury and Agency securities with maturities greater than three years and up to five years.

13. Community Development Agency (CDA) Treasurer’s Annual Report for Fiscal Year 2007-08 and Annual Review of the CDA Investment Policy
(1) Received and filed the accompanying Treasurer’s Annual Report for Fiscal Year 2007-08; and (2) adopted CDA Resolution 08-04 Approving the Agency’s Investment Policy for FY 2008-09.

14. Community Development Financing Authority (CDFA) Treasurer’s Annual Report for Fiscal Year 2007-08 and Annual Review of the CDFA Investment Policy
(1) Received and filed the accompanying Treasurer’s Annual Report for Fiscal Year 2007-08; and (2) adopted CDFA Resolution 08-02 Approving the Authority’s Investment Policy for FY 2008-09.

15 Traffic Safety/Signal Coordination (CIP 797)-Fiber Communications and Traffic Controller Upgrade Design and Specifications Change Order 1
Approved Change Order 1 in the amount of $93,150 to Purchase Order 080362 to Iteris, Inc., for additional design services to include CCTV cameras, additional fiber optic links, and signal re-wiring at two locations.

16. Purchase of One (1) Pickup Truck for Public Services.
Approved a purchase agreement for one (1) Ford F-250 CNG pickup truck with Wondries Fleet Group in an amount not to exceed $47,903.63.

PUBLIC HEARINGS

17. Use of Supplemental Law Enforcement Services Fund Grant Program
Mayor Kelley opened the public hearing at 6:31 p.m. With no requests to speak on this matter, Mayor Kelley closed the public hearing.

Motion made by Council Member Ledesma, seconded by Council Member Reavis, to approve the uses for the Supplemental Law Enforcement Services Fund.

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

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

18. CUSD Ad Hoc Committee
Mayor Kelley announced that the City will be called upon to hold a number of meetings over the coming months to discuss ongoing concerns with CUSD. Mayor Kelley stated that she will continue her service on the Committee and she appointed Mayor Pro Tem Ury as the second City Council Member to serve on the ad hoc committee.

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

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

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

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

STAFF REPORTS

City Manager’s Report

23. League of California Cities Annual Conference Resolutions
Deputy City Manager Karen Wylie presented the staff report and outlined the League of California Cities Resolutions which will come before the Voting Delegates at next week’s Annual Conference.

Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to direct Mayor Kelley to vote in support of all four League of California Cities proposed Resolutions.

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

City Attorney’s Report

24. Request for Authorization to Release a Limited Portion of a Closed Session Discussion. The Information to be Released is not Deemed to be Confidential.

City Attorney Bill Curley announced that he would like the Council to consider authorizing a short, non-confidential segment of the Closed Session on August 18, 2008, in order to let the information speak for itself.

Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to release a limited portion of a Closed Session discussion during the August 18, 2008, Closed Session Meeting. The information to be released is not deemed to be confidential.

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

25. 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 staff to provide a response to the following items: (1) a status report on retiree health care for City Council Members; (2) a status update on the Mission Viejo Foundation which was formed as a separate entity several years ago; (3) a report on the outcome of Council Member Ledesma and Mayor Pro Tem Ury’s participation in a meeting with the California Public Utilities Commission and a report on the status of that ad hoc committee; and (4) an update on parking issues at Alicia Park. Council Member Reavis reminded residents that the Cell Site Lease matter will come back to the City Council at the next meeting on October 6, 2008. She stated that she hopes there are some serious changes on the City Council next year and that the Council Member’s positions on the regional boards will be rotated for fairness

Mayor Pro Tem Ury

Asked the City Attorney to place an item on the next Agenda to discuss the EMF Ad Hoc Committee’s meeting with the CPUC. Stated that he is looking forward to the Coastal Commission appeal meeting on September 22nd. Mayor Pro Tem Ury stated that this is an exciting time of year as he welcomed the community’s sports teams back to the fields.

Mayor Kelley

Mayor Kelley discussed her attendance and topics of discussion at the Southern California Association of Governments (SCAG) Transportation Committee Meeting on September 4, 2008. The City of Mission Viejo recently joined SCAG and she has been able to see the benefit of that decision since she began serving on the Committee in May. It was a wise move to join SCAG in order to have a place at the table when important regional decisions are being made. She also outlined her attendance at a workshop on AB 32 which is pending legislation that will require local jurisdictions to bring controlled emissions levels down by the year 2020. She stated that there is a lot of work to be done, an although Mission Viejo has already begun taking steps in this direction, speakers at the meeting shared valuable information on what they have done in their own cities. Mayor Kelley announced that there will be an item on an upcoming agenda to discuss the results of the dog park study and the potential locations, including the Alicia Park parking lot. She congratulated Mayor Pro Tem Ury on his appointment as a large cities representative to the League of California Cities Board. She outlined her attendance at yesterday’s Armenian Festival and stated that she was pleased to be there to represent Mission Viejo at that event. Reminded residents that the Mission Viejo Triathlon will take place on September 28th, and she invited everyone to participate or to come out and watch. Finally, she asked her Council colleagues to refrain from any reference to political campaigns from the dais. She stated that it is inappropriate to discuss campaigns or endorsements and that it is up to the voters to seek information on the candidates for City Council.

ADJOURNMENT

At the hour of 7:05 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, October 6, 2008, at 5:00 p.m

Karen Hamman, City Clerk

Approved at the meeting of October 6, 2008