Minutes_2008_12_01

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

December 1, 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 5:01 pm, on December 1, 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 26, 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: Council Member MacLean

Council Member Ury arrived at 5:03 p.m.

RECESS AND RECONVENE

Mayor Kelley declared a recess at 5:04 p.m. The City Council reconvened at 6:02 p.m. with all five City Council Members present.

PRESENTATIONS

P1. Mayor’s State of the City Address
The City Council and audience received Mayor Kelley's State of the City address.

CONSENT CALENDAR

Motion made by Council Member MacLean, 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. City Council Minutes
Approved the Minutes for the Regular Meeting of November 17, 2008, as presented.

2. Official Results of the November 4, 2008, General Municipal Election
Adopted Resolution 08-58 Reciting the Fact That a General Municipal Election Was Held on November 4, 2008, and Declaring the Results Thereof.

COUNCIL MEMBER COMMENTS

3. 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 RELATED CEREMONIAL ITEMS

4. Presentation to and Comments from Outgoing Council Member Reavis
Mayor Kelley presented outgoing Council Member Gail Reavis with a city tile and representatives from Supervisor Pat Bates' office and Congressman Gary Miller's office presented Council Member Reavis with Certificates of Recognition.

5. Administration of Oath of Office
Douglas Schlicht, father of Cathy Schlicht, administered the Oath of Office to his daughter and Rhonda Ury, wife of Frank Ury, administered the Oath of Office to her husband. City Clerk Karen Hamman presented Certificates of Election to Council Members Schlicht and Ury.

RECESS

Mayor Kelley declared a recess at 6:48 p.m. The City Council reconvened at 7:10 p.m. with all five City Council Members present, including newly seated Council Member Cathy Schlicht.

Present:
Mayor Kelley
Mayor Pro Tem Ury
Council Member Ledesma
Council Member MacLean
Council Member Schlicht

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

CITY COUNCIL REORGANIZATION

6. Election of Mayor and Mayor Pro Tem
City Clerk Karen Hamman requested nominations for Mayor and Mayor Pro Tem for 2009.

Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to appoint Lance MacLean as Mayor Pro Tem for 2009.

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

AYES: Mayor Kelley, Mayor Pro Tem Ury, and Council Member MacLean

NOES: Council Member Ledesma, and Council Member Schlicht

ABSENT: None

Motion made by Council Member Schlicht, to nominate Council Member Ledesma as Mayor for 2009. The motion died for lack of a second.

Motion made by Mayor Kelley, seconded by Council Member MacLean, to nominate Frank Ury as Mayor for 2009.

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

AYES: Mayor Kelley, Mayor Pro Tem Ury, Council Member Ledesma, and Council Member MacLean

NOES: Council Member Schlicht

ABSENT: None

PUBLIC COMMENTS

Beverly Abramson, M.V.: stated that her husband was seriously injured in a car accident on September 30, 2008, at 5:02 a.m., at Alicia and Muirlands. She pleaded with anyone who witnessed the accident to come forward and contact her or the Sheriff’s Department.

Joyce Saltzgiver, President of the Casta del Sol Homeowners Association, M.V.: thanked the City Council for the moratorium on rezoning which helped to save the Casta del Sol golf course and she complimented City staff for quickly addressing a parking problem on Casta del Sol Drive.

Larry Gilbert, M.V.: thanked Cathy Schlicht for her commitment to serving the public and asked why the Mayor did not allow for an Invocation and Pledge of Allegiance this evening.

Mayor Kelley noted that the Pledge of Allegiance and Invocation were conducted when the meeting was called to order at 5:00 p.m.

Andrew Quinio, M.V.: thanked and praised Council Member Reavis for her service on the City Council and stated that her strong voice will be missed.

CONSENT CALENDAR (CONTINUED)

Items 10, 15, and 16 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 Schlicht

NOES: None

ABSENT: None

7. 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.

8. Check Register dated November 7, 2008, in the amount of $1,843,758.80
Ratified the accompanying check register.

9. Check Register dated November 14, 2008, in the amount of $590,454.54
Ratified the accompanying check register.

11. Fiscal Year 2007-08 Community Development Agency Annual Report
Received, filed and transmitted the report to the State Controller.

12. Metropolitan Water District, Public Sector Program, Water Conservation Incentive Check
(1) Adopted Resolution 08-59 Amending the Fiscal Year 2008-2009 Budget for Funding from the Metropolitan Water District for the Installation of Smart Irrigation Controllers; and (2) approved the Second Amendment to John Deere Landscape, Inc. to increase the contract in an amount not to exceed $417,331.92.

13. Contract Renewal for Animal Services with the City of Laguna Niguel
Approved the contract renewal for Animal Services with the City of Laguna Niguel.

14. Crown Valley Parkway Widening (CIP 752) and Oso/Marguerite Intersection Improvements (CIP 844)
Received and filed.

PUBLIC HEARINGS

OLD BUSINESS

NEW BUSINESS

ITEMS REMOVED FROM THE CONSENT CALENDAR

10. Comprehensive Annual Financial Report for the City of Mission Viejo for the Fiscal Year Ended June 30, 2008

Motion made by Council Member Schlicht, seconded by Council Member Ledesma, to receive and file.

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 Schlicht

NOES: None

ABSENT: None

15.2009 Residential Resurfacing (CIP 838)
Director of Public Works Mark Changon presented the staff report and described the difference between slurry seal and pavement overlay.

Motion made by Mayor Pro Tem Ury, seconded by Council Member MacLean, to adopt Resolution 08-60 Amending the Fiscal Year 2008-2009 Budget to Increase Proposition 1B Funds for CIP 838.

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 Schlicht

NOES: None

ABSENT: None

16. Mission Viejo History Book
Director of Recreation and Community Services Kelly Doyle stated that there were 2,000 books printed and the City has sold 780 to date.

Motion made by Council Member Schlicht, seconded by Mayor Pro Tem Ury, to (1) approve a reduced price for the Mission Viejo History Book from $45 per book to $35 per book; (2) approve a reduced price of $25 per book when purchasing quantities of 10 or more; and (3) authorize the Community Services Commission to make future price changes.

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

AYES: Council Member MacLean, Council Member Ledesma, Mayor Kelley, Mayor Pro Tem Ury, and Karen Hamman

NOES: None

ABSENT: None

MAYOR’S, COMMISSION, AND COMMITTEE REPORTS

17. Orange County Fire Authority (OCFA) Report
The City Council received the report from Mayor Kelley.

18. Foothill/Eastern Transportation Corridor Agency Report
The City Council received the report from Council Member MacLean.

19. San Joaquin Hills Transportation Corridor Agency Report
Council Member Ledesma stated that there has not been a recent meeting of the San Joaquin Hills TCA.

STAFF REPORTS

City Manager’s Report

20. Presentation by Scott Ritchie on his Analysis on the Effectiveness of Roundabouts on Marguerite Intersections

The following spoke in support of modern roundabouts: Simon Hartigan, M.V. and Larry Gilbert, M.V.

Motion made by Mayor Kelley, seconded by Council Member Ledesma, to direct staff to finalize the Scott Ritchie report on roundabouts and present it to the Planning and Transportation Commission with the stipulation that Mr. Ritchie will not be brought to California for another presentation.

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

21. Review City Council’s November 17, 2008, Reinstatement of Lifetime Medical Benefits

City Attorney Bill Curley stated that the language in the report reflects Council Member Schlicht’s request and proposal. His office maintains the recommendation that was provided to the Council when the item was addressed at the last meeting.

The following spoke in support of rescinding lifetime medical benefits for City Council Members: Larry Gilbert, M.V.; Barbara Anderson, M.V.; and Max McDougall, M.V.

Motion made by Council Member Schlicht, seconded by Council Member Ledesma, to rescind the City Council Members' eligibility for free lifetime medical benefits.

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

AYES: Council Member Ledesma, and Council Member Schlicht.

NOES: Mayor Kelley, Mayor Pro Tem Ury, and Council Member MacLean.

ABSENT: None

COUNCIL MEMBER COMMENTS (CONTINUED)

Council Member Ledesma

Congratulated newly elected Council Member Cathy Schlicht and Frank Ury on his re-election. Thanked the Mission Viejo Activities Committee for all their hard work to put on a splendid Santa's arrival event last evening.

Council Member Ledesma provided an oral report on the Economic Development Ad Hoc Committee’s activities this past year and stated that the Ad Hoc committee suggested that staff conduct demographic evaluation and research and send representatives to the appropriate trade shows to target businesses that would do well in Mission Viejo.

Mayor Kelley discussed the potential for sending representatives to the International Convention of Shopping Centers (ICSC) to indeed market our City to businesses.

Council Member MacLean

Council Member MacLean announced that the Saddleback Valley Unified School District has been experiencing declining enrollment and they are recommending that Margureite M. O’Neill elementary school be closed. Tomorrow, the school district is holding a public hearing at 6:30 p.m. at the La Paz gym to consider this and other proposed school closures. He discussed his attendance at Santa’s arrival and stated that while change is sometimes difficult, this event is improved in terms of safety and the variety of children's crafts that were available in the new location. Council Member MacLean announced that Santa will be in his workshop on Wednesdays, Saturdays, and Sundays from 6:00 p.m. to 8 p.m. and he thanked the Mission Viejo Activities Committee for putting on a wonderful event. He thanked his colleagues for supporting him by selecting him as Mayor Pro Tem in 2009 and stated that he looks forward to a productive year ahead. Council Member MacLean wished everyone a very Merry Christmas, a happy Chanukah and a safe and happy New Year.

Council Member Schlicht

Council Member Schlicht thanked residents who voted for her and stated that she will do her best to answer concerns and to be a voice for the citizens. She stated that the country is in a financial meltdown, the state and county are looking for ways to cut back and yet the City Council Members seem to be in a balloon. She stated that she looks forward to bringing forward discussions and ideas for change. She announced that her church is sponsoring a wholesale food program and there is no financial threshold for receiving these meals. She will leave details on the program with the City Clerk. Council Member Schlicht wished residents a Merry Christmas and a happy New Year.

Mayor Pro Tem Ury

Mayor Pro Tem Ury congratulated Cathy on her election victory and he thanked the voters for supporting him in his candidacy. He thanked the Mission Viejo Activities Committee for the new Santa’s arrival event and stated that the committee members are a tremendous group of people. He encouraged residents to attend the December 15th Strategic Planning Workshop and he discussed the opportunity for staff and the City Council to map a vision and direction for Mission Viejo in the next 3 to 5 years. Mayor Pro Tem Ury pledged, in the future, to challenge inaccurate statements when they are made. He stated that City Council Members make decisions based on the information they receive in advance, and that they do not act on a whim. Mayor Pro Tem Ury thanked his Council colleagues for honoring him with the role of Mayor in 2009 and stated that he looks forward to a productive and successful year. Finally, he wished residents of the community a Merry Christmas, happy New Year and happy Chanukah.

Mayor Kelley

Mayor Kelley congratulated Council Members Schlicht and Ury on their election. She discussed her Thanksgiving holiday and her participation in the dry decorating days for the Rose Parade float.  She stated that the level of enthusiasm and participation was heartwarming. City staff is very well organized and there have been 4,000 volunteer spots filled by residents to date. Mayor Kelley expressed her gratitude for the excellent presentation of Santa’s Arrival by the Mission Viejo Activities Committee and she announced that residents turned out in record numbers to take advantage of the many activities and crafts in addition to Santa’s arrival. She discussed the recent test of the AlertOC system which is the City’s reverse 911 program to be used in emergencies. All residents are automatically registered into the system but they can add additional numbers or email addresses, or they can opt-out of the system by logging on to www.alertoc.com. Mayor Kelley announced that she met with the President of the Timberline Homeowner’s Association to listen to his concerns and she stated that she will bring the matter before the City Council for public discussion at a later date. she reminded residents that the City’s Strategic Planning Workshop is a great opportunity to share vision and plans for the future of the City. A lot of good information will be presented and staff will be identifying cost savings during the meeting. Mayor Kelley expressed her thanks for being honored with the role of Mayor this year and she announced that the Community of Character word for the month of December is caring.

ADJOURNMENT

At the hour of 9:12 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, December 15, 2008, at 12:00 p.m., for a Strategic Planning Workshop at the Norman P. Murray Community and Senior Center (Jacaranda Room).

Karen Hamman, City Clerk

Approved at the meeting of January 5, 2009