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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 Reavis at 5:02 p.m., on May 7, 2007, 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 May 4, 2007, 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—CITY COUNCIL, COMMUNITY DEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT FINANCING AUTHORITY, PUBLIC IMPROVEMENT CORPORATION, AND LIBRARY BOARD OF TRUSTEES Present: Council Member Kelley Pledge of Allegiance: Council Member MacLean RECESS TO CLOSED SESSION At 5:07 p.m., Mayor Reavis recessed the meeting to Closed Session. The City Council reconvened at 6:08 p.m., with all five Council Members present. CLOSED SESSION CS1. Conference with City Attorney Concerning One Matter of Existing Litigation Pursuant to Government Code Section 54956.9(a). The Litigation is Jose Guadalupe Gomez Mejia; Orange County Community Housing Corporation; Public Law Center v. City of Mission Viejo; Case Status Update and Review of Settlement Options CS2. Conference with Legal Counsel—Anticipated Litigation. Potential Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9. One Case Under Consideration. CS3. Pursuant to Government Code Section 54956.9(a) Pending Litigation (litigation to which local agency is a party and has been initiated formally) and Section 54956.8 (Conference with Real Property Negotiator). Litigation: Confer with City Attorney and Special Counsel regarding pending litigation, Mejia v. City of Mission Viejo, et al, pending in Orange County Superior Court (OCSC), Case No. 06CC05478 filed April 26, 2006. Property: An approximate 10.5-acre parcel of real property identified as Assessor Parcel No. 809-541-11, Parcel Map No. 81-159 generally situated easterly of the intersection of Jeronimo Road and Los Alisos Boulevard in the City of Mission Viejo co-owned by The Steadfast Companies (with Target Corporation). CDA Negotiator, s: Dennis Wilberg, City Manager/CDA Executive Director; Charles Wilson, Director of Community Development; James Williams, Economic Advisor; Celeste Brady, CDA Counsel; and William Curley, III, Esq., City Attorney. Negotiating Parties: CDA Negotiators on behalf of Community Development Agency of the City of Mission Viejo; and Ralph Deppisch, The Steadfast Companies. Under Negotiation: Potential acquisition and/or disposition of real property interests for long-term affordable ownership housing and the price and terms of payment therefore related to the above-listed Property. Factors Affecting Price and Terms under Negotiation: (1) Recorded covenants, (2) Scope of development of Property, and (3) Affordable housing requirements. Factors affecting time of payment: (1) Conditions to closing, (2) Due diligence period, and (3) Schedule of Development and Development of Affordable Housing. REPORT OF CLOSED SESSION City Attorney Bill Curley announced that for Closed Session item CS1, the City Council gave direction to the attorney for follow up but there was no reportable action. For item CS2, the Council gave staff general direction but there was no reportable action and item CS3 was not considered. PRESENTATIONS P2. Recognize Citywide Volunteers for Their 1,000 Hours of Volunteer Service (0410-80) Mayor Reavis and staff presented Certificates of Appreciation to Nancy Cho, Dr. Philip Glaser, Russ Mandell, and Joseph Sack. Library volunteers Barbara Fisher and Shirley Fraser were unable to attend the meeting and will receive their Certificates at a later date. PUBLIC COMMENTS Bob Watson, M.V.: expressed concern about traffic problems in his neighborhood and provided the City Council with copies of a petition that the Coronado Community submitted to the Traffic Committee on the same issue. By consensus the City Council directed the City Manager to look into this matter. Cathy Schlicht, M.V.: discussed the consequences that result when the public cannot remove items from the Consent Calendar and voiced particular concern that a contract for the Master Cellular Plan was placed on the Consent Calendar without allowing for the public to express an opinion. Breanna Weeks, American Cancer Society: thanked the City Council for their continued support for the Cancer Society and for the Relay for Life. CONSENT CALENDAR Motion made by Council Member MacLean, seconded by Mayor Pro Tempore Ledesma, to approve the Consent Calendar. 1. Waive Reading of Ordinances and Resolutions Approved the reading by title of all ordinances and resolutions and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 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 (0410-60) 3. Check Register Dated April 6, 2007, in the Amount of $379,282.76 (0300-30) 4. Check Register Dated April 13, 2007, in the Amount of $998,192.99 (0300-30) 5. Check Register Dated April 20, 2007, in the Amount of $1,661,332.83 (0300-30) 6. Audit of City’s Human Resources Function (0400-10) PUBLIC HEARINGS 7. Appeal of Architectural Review AR2006-92 filed by Kate Muller, Ron Denecour, Donald Scott, David and Arlene Brown, and Rick and Lynda Lunzer of the Planning and Transportation Commission’s February 26, 2007 conditional approval of a petition submitted by Brion May of Brion May Consulting, agent for Lori Ghnouly, to add a 1,205 sq. ft., first floor addition to the rear of the existing single story, 1,081 sq. ft. dwelling, for a total of 2,286 sq. ft. at 23732 Calle Hogar, in the RPD 6.5 (Residential Planned Development) zone (0600-40) The following spoke in opposition to the staff recommendation to continue the Public Hearing to May 21, 2007: Arlene Brown, David Brown and Kate Muller. Motion made by Mayor Reavis, seconded by Council Member Kelley, to continue the Public Hearing to the May 21, 2007, Meeting. Following Council discussion, Mayor Reavis withdrew her motion. Motion made by Council Member Ury, seconded by Council Member MacLean, to approve the revised plans as submitted for a 998 sq. foot addition. On roll call, said motion carried by the following vote: 8. General Plan Amendment GPA2007-26, Zone Change ZC2007-18 and Development Code Amendment DCA2007-10 - City-initiated petitions to modify the City’s adopted General Plan Land Use Element, General Plan Housing Element, and Zoning Map Land Use Designations for four sites identified hereafter as Sites A through D (0630-30) Director of Community Development Chuck Wilson presented the staff report. Planning Manager Elaine Lister provided a historical overview of the City’s housing element and reviewed the proposed sites, A through D. At 7:15 p.m., Mayor Reavis vacated the dais due to the proximity of her home to Site A. Mayor Pro Tempore Ledesma assumed the role of Mayor during Mayor Reavis’ absence from the dais. Mayor Pro Tempore Ledesma opened the public hearing. The following spoke in opposition to low income housing at Site A: Gary McDougall; Jim Wood; Eddie Zorchkey; Pete Stone; Sidney Reisch; and Stephen Jeckovich. The following presented written statements in opposition to low income housing at Site A: Mr. and Mrs. Anthony Sena; Jone Chiari; Elaine Clapp; Wayne Ferguson; Joan Paris; Pat and Jim Petring; Marilyn Eckardt; Ali and Ruth Tabikh; Mr. and Mrs. Harold Lee; Betty Vajda; Arlene Aliezer; Basil and Gloria Morogiello; Pat Gates; Joan and Irwin Moss; Steve and Lenall Chaziu; Anthony and Doris DeJohn; Dorie Santos; Sidney and Lila Anderson; Florence and Max Eis; Robert and Cathy Gunderson; Kathleen Buxton; Jean Brooks; Robert Wanron; Harold and Marilyn Zeschmann; Roz and Barry Robbins; Hally and Gino Savio; Alice Burke; Thomas; and Laraine Shahin; Robert Phillips; Richard and Mathilda Vaughn; John Parker; Patricia Haynie; Judie Bernauer; Jerome Arak; Don and Diane Leavey; Nathan Levy; Wanda Miller; Peter and Florence Manarino; Raymond Newhouse; Stanley and Mona Lieberman; James and Catherine McGowan; Mr. and Mrs. Underwood; Adrian and Drucella Stansfield; Carolyn Sax; Frank and Pearl Sun; Rob Santos; Nida Cacali; Virginia Fay; Hedy Stern; Murrie and Eunice Chessmore; Richard and Mary Ann The following spoke in favor of development at Site A: David Nagel, Property Manager and Mark Wiesenthal, General Manager of Mission Foothill Marketplace. The following presented written statements in favor low income housing at Site A, under the condition that there be security and a children’s play area on the property: Vernon Smith and Mr. and Mrs. Henry. The following spoke in opposition to development at Site B: Helen Stumate. The following presented a written statement in opposition to development at Site B: Karen and David D’Altorio. The following spoke in favor of low income housing and development at all of the proposed sites: Scott Darrell, The Kennedy Commission; Eileen McCarthy, Public Law Center; and Cindy Mueller, Vice President, Mission Integration, Mission Hospital. Motion made by Council Member MacLean, seconded by Council Member Ury, to (1) introduce Ordinance No. 07-252 Re-Zoning Site A to Residential Planned Development (RPD) 30 with inclusionary housing of 15% affordable; (2) adopt Negative Declaration declaring the Ordinance will not have a significant adverse impact on the environment for the purpose of CEQA review; and (3) provide direction to staff with respect to the General Plan Amendment to modify the City’s Housing Element and Land Use Element with original staff drafted language. On roll call, said motion carried by the following vote: RECESS At 8:25 p.m., Mayor Pro Tempore Ledesma announced a recess. At 8:31 p.m., the City Council reconvened with all five Council Members present. Motion made by Council Member MacLean, seconded by Council Member Ury, (1) introduce Ordinance 07-253 Creating a Mixed use Overlay Zone and Applying Mixed Use Overlay to Site D; (2) introduce Ordinance No. 07-254 Re-Zoning Site B and C to Residential Planned Development (RPD) 30 and (3) provide direction to staff with respect to the General Plan Amendment to modify the City’s Housing Element and Land Use Element with original staff drafted language. On roll call, said motion carried by the following vote: OLD BUSINESS NEW BUSINESS ITEMS REMOVED FROM THE CONSENT CALENDAR MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 9. Orange County Fire Authority (OCFA) Report (0410-40) 10. Foothill/Eastern Transportation Corridor Agency Report (0410-40) 11. San Joaquin Hills Transportation Corridor Agency Report (0410-40) 12. Vector Control Board Report (0410-40) 13. Senior Transportation Ad Hoc Committee (0410-40) Mayor Reavis disbanded the Senior Transportation Ad Hoc Committee. 13A. Professional Services Agreement for State Legislative Advocacy Services (0400-10) Council Member Ury discussed the ad hoc committees review and interview of consultants for State Legislative Advocacy Services and the ad hoc committee's recommendation to award a contract to Townsend Public Affairs. Motion made by Council Member Ury, seconded by Mayor Reavis, Approve professional services agreement with Townsend Public Affairs for State Legislative Advocacy Services in an amount not to exceed $62,000. On roll call, said motion carried by the following vote: STAFF REPORTS City Manager’s Report City Attorney’s Report City Manager Dennis Wilberg and City Attorney Bill Curley provided copy of a letter that the City transmitted to Capistrano Unified School District with the City’s input on the EIR for the Hankey K-8 conversion. COUNCIL MEMBER COMMENTS 14. Council Member Reports of Events and Activities Attended (AB 1234) (0480-70) Council Member Kelley 15. CUSD Issues On roll call, said motion carried by the following vote: Council Member Kelley thanked city staff and the residents for a wonderfully successful Artes de la Vida event on April 28, 2007 and announced that this was the first of a 10 year commitment that our City has made to provide a replacement for Tierra Nativa. Congratulated one of Newhart School’s 6th grade students, James Parker, who was the first place winner of the Barnes and Noble Poetry Contest for the age group 8 through 12. Discussed her recent meeting with planners who are interested in bringing a Triathlon to Mission Viejo in June 2008 and expressed her desire to bring it to a future Council Meeting for discussion. Announced that she attended a Mission Viejo Chamber of Commerce event on April 25, 2007, and there was a very good turnout and a great highlight of the Kaleidoscope center. Announced that La Paz Intermediate School was recently recognized as a California Distinguished School and we are very proud of the school and the Principal, Allan Mucerino. Announced that the Mission Viejo Community Foundation held its first Annual Ball on Saturday and she thanked John and Carolyn Ben who did such a fantastic job planning and organizing the event. Reminded residents that the Fun with Chalk Festival will be held on May 19 and 20, 2007 between Newhart School and the Community Center. Expressed her condolences to the Ladera Ranch Family who recently lost three children in a traffic accident. Announced that the Community of Character word for this month is Moral Courage. Council Member MacLean Mayor Pro Tempore Ledesma Expressed his thanks to those who supported the Mission Viejo Community Foundation by attending the First Annual Inaugural Ball and reiterated his support for the upcoming Fun with Chalk Festival. Mayor Reavis 16. Is Your Teen at Risk? (0260-60) ADJOURNMENT TO MAY 21, 2007, AT 5:00 P.M. At the hour of 10:36 p.m., there being no further business to come before the City Council at this session, Mayor Reavis adjourned the meeting in memory of Daniel Santee and Ray Havert to Monday, May 21, 2007, at 5:00 p.m Karen Hamman, City Clerk |
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