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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 Ury at 5:03 pm, on November 17, 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 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." Absent: Staff Present: PLEDGE OF ALLEGIANCE: Council Member MacLean INVOCATION: Council Member Ledesma 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 declared the meeting recessed to Closed Session at 5:04 p.m. The City Council reconvened at 6:03 p.m. with four City Council Members present; Council Member Reavis was absent. REPORT OF CLOSED SESSION City Attorney Bill Curley announced that the City Council reconsidered the assertions that there may have been an inadvertent Brown Act violation. The Council Members continue to agree that there was no violation and the City Council Members present unanimously voted to support the letter that was sent to Mr. Morton in response to his claim of a Brown Act violation (Council Member Reavis was absent). Mayor Kelley and Council Member MacLean provided statements on behalf of the City Council and the Rose Parade Float Ad Hoc Committee. Both stated that they were the only two members of the Ad Hoc Committee and that the residents who were invited to attend the meetings were brought in to share knowledge and expertise; those individuals were not decision-making members of the Ad Hoc Committee. Mr. MacLean also noted that there were no decisions made by the Ad Hoc Committee. On two occasions, the Committee brought their recommendations before the City Council at a regularly scheduled and noticed City Council Meeting and they voted on those items in a public forum. PRESENTATIONS P1. Community of Character Awards to Sharon Cody P2. Certificate of Appreciation to the Karen Mattes P3. Community of Character Award to the Mission Viejo Football Team P4. Introduction of 2009 Rose Parade Float Riders RECESS Mayor Kelley declared a recess at 6:57 p.m. The City Council reconvened at 7:04 p.m. with four Council Members present; Council Member Reavis was absent. PUBLIC COMMENTS James D. Burns, President of the Timberline Homeowners Association: discussed ownership issues surrounding Turf Lane Park and stated that the HOA is no longer maintaining the park. Leticia Mata and Judy Iaconne, OC Human Relations: outlined the services provided by Orange County Human Relations and discussed the programs that specifically impact Mission Viejo. Anthony Mitchell and Ray Ruddy, Eco Green, San Clemente: stated that they would like to provide their services to the City of Mission Viejo to convert city buildings to LED. Cathy Schlicht, M.V.: thanked the voters for electing her to serve on the City Council beginning December 1, 2008, and she encouraged residents to sign up for emergency alerts at www.AlertOC.com. Harry Lenczyk, M.V.: stated that the City of Mission Viejo needs new direction and that the voters sent a strong message in November when they elected a new member to the City Council. Del Holt, President of the Mission Viejo Activities Committee, M.V.: discussed the change in location for Santa’s Workshop and announced that there will be many more children’s activities at the new location. David Allen, Mission Viejo Activities Committee, M.V.: stated that Santa's workshop was moved for safety reasons and the new location will provide many opportunities. Don Asay, Mission Viejo Activities Committee, M.V.: thanked the City Council and staff for supporting the Activities Committee and he extended an invitation to residents, their family members, and their friends to come out and enjoy the holiday events. CONSENT CALENDAR Motion made by Council Member Ledesma, seconded by Council Member MacLean, 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, and Council Member MacLean NOES: None ABSENT: Council Member Reavis 1. Waive Reading of Ordinances and Resolutions 2. City Council Minutes 3. Biennial City Commission Member Term Expiration 4. Check Register dated October 24, 2008, in the amount of $1,022,950.44 5. Check Register dated October 31, 2008, in the amount of $1,911,545.13 6. City Treasurer’s Monthly Report for September 2008 7. Community Development Agency Treasurer’s Monthly Report for September 2008 8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for September 2008 9. Quarterly Financial Report for the City of Mission Viejo - First Quarter of 2008-09 10. Quarterly Financial Report for the Community Development Agency - First Quarter of 2008-09 11. Mission Viejo Community Development Agency (CDA) FY 2008-09 Budget Amendment 12. Final Design Services for Oso Parkway Widening, Interstate 5 to Country Club Drive (CIP 791) 13. Annual Review of Residential and Commercial Integrated Waste Management Rates 14. Proposed Holiday Closures of Certain City Facilities 15. KSBR Jazz FM 88.5 of Saddleback College Birthday Bash Co-Sponsorship 16. Community Services Funding Program - Funding for Fiscal Year 2008-2009 17. Clarification of Terminology; City Prosecutor Function 18. Construction Document Preparation for Eldorado Park and Pavion Park Play Areas PUBLIC HEARINGS 19. Appeal of Architectural Review AR2008-95 filed by Philip D. Kohn, Rutan & Tucker, LLP, agent for Tony Le, of the Planning and Transportation Commission’s October 13, 2008 denial of a petition submitted by Eric Holt, agent for Thuy Trong Le (Tony Le), to construct a 5,000 sq. ft. subterranean parking garage and storage structure at 26992 La Paja Lane, in the RPD 3.5 (Residential Planned Development) zone. The proposed subterranean garage / structure will be located beneath the front driveway portion of the property and along the south side of the property adjacent to Payaso Lane. Access to the proposed subterranean garage / structure will be taken via a new second driveway entry off Payaso Lane. Director of Community Development Chuck Wilson presented the staff report. Associate Planner Tim Martin presented a slide show and outlined the proposed project. Mayor Kelley opened the public hearing at 7:40 p.m. Philip Kohn, Attorney, Costa Mesa, and Kevin Du Mont, Project Engineer, Rancho Santa Margarita, representing homeowner Tony Le: outlined the plans for the subterranean garage at 26992 La Paja Lane and stated that the project is consistent with, and not in conflict with, City Codes. The following spoke in opposition to the proposed project: Marylou Cantarella, M.V.; Ann Cordova, M.V.; Cathy Jasper, M.V.; William Perlman, M.V.; Sandra Hasen, M.V.; Dick Cordova, M.V.; Christine Saracino, M.V.; Mick Hersh, M.V.; Michelle Yegsigian; M.V.; Judy Pearlman, M.V.; Roberto Saracino, M.V.; Terry Yapp, M.V.; John Coon, M.V.; Dr. Carl Schwab, M.V.; and Stuart Jasper, M.V. The following spoke in support of the proposed project: Nancy Ashbara, M.V. and Wayne Link, M.V. The following presented written comments in opposition to the project: Michelle Yegsigian, M.V.; Andrew and Stephanie McCarron, M.V.; Shawnna Rogalla, M.V.; Cathy Schlicht, M.V.; William Anderson, M.V.; Deborah Stine, M.V.; John and Patricia Queralt, M.V.; Linda Schwab, M.V.; Dr. Alfred and Katherine Tabatzky, M.V.; and George Erickson, M.V. Kevin Dumont, Project Engineer, Rancho Santa Margarita, representing homeowner Tony Le: provided rebuttal comments and proposed that everyone work together to come to an agreement on a construction schedule, construction hours, and a mutually agreed upon gate on Mr. Le’s property. Mayor Kelley closed the public hearing at 9:11 p.m. Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to adopt Resolution 08-56 Denying the Appeal Filed by Philip D. Kohn, Ruttan & Tucker, LLP, Agent for Tony Le, and Thereby Denying Architectural Review AR2008-95. 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: None ABSENT: Council Member Reavis Council Member MacLean stated for the record that he struggled with this because he firmly believes in private property rights. He stated that being a part of the community is being a good neighbor and he suggested to Mr. Le that he get the construction at his home permitted and completed. Perhaps the project will be acceptable at a later date, in another form, and when Mr. Le has community support. RECESS Mayor Kelley declared a recess at 9:59 p.m. The City Council reconvened at 10:16 p.m. with four City Council Members present; Council Member Reavis was absent. OLD BUSINESS NEW BUSINESS ITEMS REMOVED FROM THE CONSENT CALENDAR MAYOR’S, COMMISSION, AND COMMITTEE REPORTS 20. Orange County Fire Authority (OCFA) Report 21. Foothill/Eastern Transportation Corridor Agency Report 22. San Joaquin Hills Transportation Corridor Agency Report 23. Vector Control Board Report STAFF REPORTS City Manager’s Report 24. Strategic Planning Workshop Council Member MacLean asked if the City could review the Investment Policy at the same meeting. Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ury, to participate in a Strategic Planning Workshop, with staff, on December 15, 2008 (beginning at noon if possible). 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: None ABSENT Council Member Reavis City Manager Wilberg announced that members of staff are managing the budget in order to keep expenditures in balance with the lower revenue projections. He further announced that staff participated in the State and County Golden Guardian exercise on Thursday, November 13, 2008. Staff activated the City’s Emergency Operations Center (EOC) and tested the communication devices and the public information warning procedures. The AlertOC system was also used to test a call-out to all the City’s emergency responders. Mr. Wilberg announced that Mission Viejo was the third city in the county to register for AlertOC and the first notification test is scheduled on Tuesday, November 25, 2008, for those already registered with the system. City Attorney’s Report 25. Response to Council Member Reavis’ Questions Regarding Maintaining City Council Medical Benefits City Attorney Bill Curley presented the staff report. The following spoke in opposition to the recommended action: Larry Gilbert, M.V. and Barbara Anderson, M.V. Motion made by Mayor Pro Tem Ury, seconded by Mayor Kelley, to adopted Resolution 08-57 Amending a Personnel Policy Regarding Retire Health Insurance Benefits. 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 ABSENT: Council Member Reavis COUNCIL MEMBER COMMENTS 26. 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 Ledesma thanked the Mission Viejo Activities Committee for their volunteer efforts to produce such wonderful events for the City and he admonished those who observe, partake of the benefits, and yet they complain when these volunteers see that change is needed. Referring to the move of Santa's Workshop, he stated that anyone who understands the situation should have nothing but praise for the Activities Committee and this decision.
Council Member Reavis Mayor Pro Tem Ury Mayor Pro Tem Ury agreed that it was disappointing to hear negative comments regarding the Activities Committee's volunteer efforts. He congratulated Cathy Schlicht on her election to the City Council and thanked those who voted for him. Mayor Pro Tem Ury stated that it is an honor for him to serve the City of Mission Viejo and he looks forward to his second term. Mayor Kelley Mayor Kelley congratulated Mayor Pro Tem Ury and Cathy Schlicht on their election to the City Council. She complimented city staff and all those involved in the wonderful Veteran’s Day Ceremony and she thanked the members of the Mission Viejo High School Choir for singing the National Anthem and all those who contributed to the success of the day. Mayor Kelley stated that she is grateful for the work of the Mission Viejo Elks who do so much for our community and she praised them for providing dictionaries for every third-grader in the Saddleback School District. She outlined her attendance at various events since the last Council Meeting and she congratulated the local high school bands for their success in recent competitions. Mayor Kelley reminded residents that the Mission Viejo Activities Committee Holiday Boutique will be held on Saturday, November 22, 2008, and Santa will arrive at the new civic center location on November 30, 2008, with activities beginning at 3:00 p.m. After that, Santa’s Workshop will be held every Wednesday, Saturday and Sunday from 6:00 to 8:00 p.m. Mayor Kelley commended the Activities Committee for providing this event for the community and she also thanked the City’s Marine Adoption Committee for raising approximately $25,000 for our adopted Marines. Finally, Mayor Kelley announced that the Metrolink Holiday Express train will arrive at the Laguna Niguel/Mission Viejo station on December 6, 2008 at 7:30 p.m. ADJOURNMENT At the hour of 11:13 p.m., there being no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Monday, December 1, 2008, at 5:00 p.m. Karen Hamman, City Clerk Approved at the meeting of December 1, 2008 |
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