MISSION VIEJO MINUTES City Council, Community Development Agency, Community Development Financing Authority, Public Improvement Corporation, and Library Board of Trustees*
November 3, 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 Ury at 5:03 pm, on November 3, 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 November 29, 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: Council Member Ledesma Council Member MacLean Council Member Reavis Mayor Pro Tem Ury (arrived at 6:38 p.m.) Mayor Kelley
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
CS1. Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to Litigation Pursuant to Subdivision(b) of Section 54956.9 (One Potential Case: Brown Act Challenge; Rose Parade Float Ad Hoc Committee; Letter on File in City Clerk’s Office).
RECESS TO CLOSED SESSION AND RECONVENE
Mayor Kelley recessed the meeting to Closed Session at 5:05 p.m. The City Council reconvened at 6:04 p.m. with four Council Members present and Mayor Pro Tem Ury absent.
REPORT OF CLOSED SESSION
City Attorney Bill Curley announced that he advised the Council of the circumstances presented by the alleged violation of the Brown Act. His office will be sending a letter in response to the allegations later this week.
PRESENTATIONS
The following items were taken out of order and addressed as noted below.
P1. Presentation by Congressman Gary G. Miller for $850,000 Federal Grant to Mission Viejo
Congressman Miller presented the City Council Members with an $850,000 Federal Grant for slope repairs at the site of the Ferrocarril landslide.
P3. Recognize Jason Harnett for Coaching the US Tennis Team in the 2008 Paralympics Games In Beijing
Mayor Kelley and Community Services Manger Steve Bell presented a Certificate of Commendation to Jason Harnett.
P4. Proclaim November as National Family Caregivers Month
Mayor Kelley presented the Proclamation to Irene Angela Clemente, on behalf of the National Family Caregivers Association.
P2. Drawing and Announcement of Rose Parade Float Riders
Mayor Kelley introduced Mark Anderson, Chloe Sutton, and Patrick Early, members of the Mission Viejo Nadadores who have been selected to ride on the 2009 Rose Parade Float. Mark, Chloe, and Patrick conducted a random drawing to select the residents who will ride atop Mission Viejo’s 2009 Rose Parade float as follows:
Category Resident Baseball Cole Trussell Soccer Cassidy Reid Tennis Shirley Zimmer Softball Lauren Diuco Veteran Robert Ruben M.V. Resident Kristin Griffith
Olympic Medalists Julie Foudy and Greg Lougannis will also ride on the float as will resident and community volunteer, Ziggy Wilczynski.
PUBLIC COMMENTS
Larry Gilbert, M.V.: read a posting from the Red County Blog and warned voters that slate mailers can be very deceiving.
Cathy Schlicht, M.V.: discussed her vision for the City as a candidate for Mission Viejo City Council.
*Mayor Pro Tem Ury arrived at 6:38 p.m.
CONSENT CALENDAR
Item 6 was removed from the Consent Calendar for separate discussion.
Motion made by Council Member Ledesma, seconded by Council Member MacLean, to approve the Consent Calendar as decribed 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 October 20, 2008, as presented.
3. Summary of Fiscal Year 2008 - 2009 Budget Amendments to Date Received and filed.
4. Check Register dated October 10, 2008, in the amount of $2,292,493.55 Ratified the accompanying check register.
5. Check Register dated October 17, 2008, in the amount of $1,038,527.31 Ratified the accompanying check register.
PUBLIC HEARINGS
OLD BUSINESS
NEW BUSINESS
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. Ordinance Pertaining to Development Fees and the Temporary Deferral of Development Fees
Council Member Reavis stated that she previously voted no on this ordinance. She asked that the item be removed from the Consent Calendar so she can vote consistently.
Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to Direct to adopt Ordinance 08-273 Amending Section 9.94.045 and Adding Section 9.94.050 to Chapter 9.94 of Article V of Title 9 of The Municipal Code Regarding Development Fees and the Temporary Deferral of Development Fees.
On roll call, said motion carried by the following vote:
AYES: Mayor Kelley, Mayor Pro Tem Ury, and Council Member MacLean
NOES: Council Member Reavis
ABSENT: None
ABSTAIN: Council Member Ledesma.
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS
7. Orange County Fire Authority (OCFA) Report Received the report from Mayor Kelley.
8. Foothill/Eastern Transportation Corridor Agency Report Received the report from Council Member MacLean.
9. San Joaquin Hills Transportation Corridor Agency Report Received the report from Council Member Ledesma.
10. Vector Control Board Report Council Member Reavis stated that there has not been a recent meeting of the Vector Control Board. She noted that Vector Control District Board Member terms are for two years and she looks forward to continuing her service through 2009.
STAFF REPORTS
11. Budget Adjustment to Repair Corporation Yard Roofs and Replace Sound System
Director of Public Services Keith Rattay presented the staff report.
Motion made by Council Member MacLean, seconded by Mayor Pro Tem Ury, to adopt Resolution 2008-54, Amending the FY 2008-09 Budget to provide roof repairs to the Corporation Yard buildings and replacement of a large portable sound system.
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 Manager’s Report
City Attorney’s Report
COUNCIL MEMBER COMMENTS
12. 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
Stating that this is the last full meeting she will attend, Council Member Reavis outlined her eight years of service on the City Council and discussed her accomplishments and her fondest memories. She thanked her husband Rick, members of City staff, Sheriff’s Department and Fire Authority personnel, and the many volunteers of the community.
Mayor Pro Tem Ury
Mayor Kelley
Mayor Kelley reminded residents that tomorrow is election day and she encouraged everyone to exercise their right to vote. Announced that OCFA Captain Barriga will be honored at the Trauma Intervention Program’s Heroes With Heart Awards dinner this Friday evening, as will Mission Viejo Deputy Justin Osterfeld. She thanked these two public servants for supporting the City of Mission Viejo so well. Reminded senior residents, ages 60 and over, that there will be a free flu shot clinic on November 6, 2008, from 9:00 a.m. to 12 noon at the community and senior center. Mayor Kelley stated that the City has set time aside on Veteran’s Day to honor those who are currently serving our nation and those who have served in the past. She encouraged residents to attend the ceremony on November 11, 2008 at 2:00 p.m. at the Norman P. Murray Community and Senior Center. The city will be unveiling a new plaque to honor Veterans of those wars that took place after Vietnam. She announced that the Community of Character Word for the month of November is thankfulness and noted that this month’s poster features one of our adopted Marines greeting his new baby daughter as he arrived home from Iraq.
ADJOURNMENT
At the hour of 7:07 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, November 17, 2008, at 5:00 p.m.
Karen Hamman, City Clerk Approved at the meeting of November 17, 2008
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