CITY OF ALISO VIEJO CITY COUNCIL MINUTES REGULAR MEETING MAY 7, 2014, 7:00 P.M. Council Chambers, City Hall, 12 Journey Aliso Viejo, California

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1 CITY OF ALISO VIEJO CITY COUNCIL MINUTES REGULAR MEETING MAY 7, 2014, 7:00 P.M. Council Chambers, City Hall, 12 Journey Aliso Viejo, California CALL TO ORDER: Mayor Tsunoda called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:05 p.m. PRESENT: ABSENT: STAFF PRESENT: MAYOR PHILLIP B. TSUNODA MAYOR PRO TEM WILLIAM A. COUNCILMEMBER CARMEN CAVE COUNCILMEMBER ROSS CHUN (Left meeting before adjournment) COUNCILMEMBER MIKE MUNZING NONE DAVID A. DOYLE, CITY MANAGER SCOTT SMITH, CITY ATTORNEY SUSAN A. RAMOS, CITY CLERK GLENN YASUI, ADMINISTRATIVE SERVICES DIRECTOR GINA THARANI, FINANCE DIRECTOR SHAUN PELLETIER, PUBLIC WORKS DIRECTOR/CITY ENGINEER ALBERT ARMIJO, PLANNING DIRECTOR LARRY LAWRENCE, PLANNING CONSULTANT JENNIFER LOWE, ASSOCIATE PLANNER LT. JOHN MACPHERSON, POLICE CHIEF PLEDGE OF ALLEGIANCE TO THE FLAG: Champion of Change. Led by Martha Daniel, Honoree, SPECIAL PRESENTATION A. COUNCIL RECOGNITION AND PRESENTATION TO MARTHA DANIEL FOR HER SERVICE TO VETERAN ENTREPRENEURS Mayor Tsunoda introduced Ms. Daniel and presented with a Certificate of Recognition. Ms. Daniel gave background about her company and her award from the White House. She expressed thanks and appreciation for the recognition. Page 1

2 B. PROCLAMATION FOR WILDFIRE AWARENESS WEEK Mayor Tsunoda introduced Battalion Chief Art Nevarez, Orange County Fire Authority, and presented him with a proclamation declaring May 4 10, 2014 as Wildfire Awareness Week. Battalion Chief Nevarez provided information about wildfire awareness and prevention and invited the public to do their share in preventing wildfires. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA None at this time. CONSENT CALENDAR Mayor Tsunoda asked if any member of the City Council or the public wished to remove an item from the Consent Calendar. There was no request from the public to remove any items on the consent calendar. Councilmember Munzing requested item 8 be removed from the consent calendar. MOTION: COUNCILMEMBER MUNZING MOVED AND MAYOR PRO TEM PHILLIPS SECONDED TO APPROVE CONSENT CALENDAR ITEMS 1 7, AS PRESENTED. 1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Approved the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived. 2. APPROVAL OF MINUTES APRIL 16, 2014 REGULAR MEETING Approved the subject Minutes as submitted. 3. ACCOUNTS PAYABLE Ratified the following Accounts Payable checks: a. Issued April 10, 2014 in the amount of $188, and b. Issued April 17, 2014 in the amount of $621, and c. Issued April 24, 2014 in the amount of $166, TREASURER S STATEMENT - MARCH Approved said Statement. Page 2

3 5. FIRST AMENDMENT TO THE AUDITING SERVICES AGREEMENT WITH LANCE, SOLL & LUNGHARD, LLP Approved said First Amendment and authorized the City Manager to execute said twoyear Agreement for audits of Fiscal Years and SECOND AMENDMENT TO AGREEMENT WITH DIAMOND STAR ASSOCIATES FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES Approved and authorized the City Manager to execute said Second Amendment. 7. REQUEST FOR COMMUNITY PROMOTION GRANT DON JUAN AVILA AND CANYON VISTA ELEMENTARY SCHOOLS DESTINATION IMAGINATION COMPETITION Approved the request for a Community Promotion Grant in an amount not to exceed $1,000 per elementary school in support of the students participation at Don Juan Avila and Canyon Vista Elementary Schools in the Destination Imagination Global Finals Competition in Knoxville, Tennessee on May 21-24, MOTION UNANIMOUSLY CARRIED. END OF CONSENT CALENDAR PULLED CONSENT CALENDAR ITEM 8. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR RECREATION AND COMMUNITY SERVICE PROGRAMS WITH THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY FOR FISCAL YEAR This item was pulled from the Consent Calendar by Councilmember Munzing to reschedule at the next Council meeting to include an update report by the Boys and Girls Club of their activities and services in the last year. At the request of Council, James Littlejohn, Executive Director of the Boys and Girls Club of Capistrano Valley, came forward to the podium to confirm he will have a representative attend the May 21 meeting in his absence, to provide an update report as requested. He said he has a scheduling conflict and will be out of town. Councilmember Cave noted she will not be supporting the motion to reschedule the item, noting there is no need since the Council receives an update of their activities in the weekly Council report. MOTION: COUNCILMEMBER MUNZING MOVED AND MAYOR PRO TEM PHILLIPS SECONDED TO CONTINUE ITEM 8 TO THE NEXT COUNCIL MEETING OF MAY 21, 2014 TO INCLUDE A PRESENTATION BY THE BOYS AND GIRLS CLUB OF ITS Page 3

4 ACTIVITIES AND SERVICES IN THE LAST YEAR. MOTION CARRIED 4-1, WITH COUNCILMEMBER CAVE DISSENTING. PUBLIC HEARING ITEM NOS. 9 AND REQUEST FOR A CONDITIONAL USE PERMIT, ADMINISTRATIVE USE PERMIT AND PARKING EXCEPTION PERMIT UNDER PLANNING APPLICATION PA TO ALLOW A 3,127 SQUARE FOOT RESTAURANT WITH A DRIVE-THRU AND 745 SQUARE FEET OUTDOOR DINING AREA AT LA PAZ ROAD Director of Planning Albert Armijo presented the staff report and noted the applicant and Associate Planner Jennifer Lowe are present for questions. Questions ensued regarding the efficiency and effectiveness of the drive through configuration for the type of establishment that is being proposed. Mayor Tsunoda opened the public hearing and the following persons spoke: 1) Bonnie Elder welcomed the new business and noted concern about the proposed configuration and it would work. 2) Nathan Menard, Applicant, expressed thanks for the business opportunity and gave company background and their experience with re-use of existing facilities. He believes the proposed configuration will work and noted the design layout as prepared would allow modification, if necessary. He thanked Planning staff for their assistance in the submittal process. Questions and discussion ensued regarding the drive through configuration and Councilmember Cave suggested adding a condition to review the project in 6 months and again in 12 months to ensure there are no related issues to the circulation or other traffic and congestion issues. MOTION: MAYOR PRO TEM PHILLIPS MOVED AND COUNCILMEMBER CAVE SECONDED TO ADOPTED A RESOLUTION ENTITLED BELOW, AS AMENDED, TO INCLUDE A NEW CONDITION OF APPROVAL TO REVIEW THE PROJECT IN 6 MONTHS AND AGAIN IN 12 MONTHS FROM THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY, TO ENSURE THERE ARE NO RELATED ISSUES TO THE CIRCULATION OR OTHER TRAFFIC AND CONGESTION ISSUES. MOTION UNANIMOUSLY CARRIED. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, TO APPROVE PLANNING APPLICATION PA FOR A CONDITIONAL USE PERMIT AND ADMINISTRATIVE USE PERMIT TO ALLOW A 3,127 SQUARE FOOT RESTAURANT WITH A DRIVE-THRU AND OUTDOOR Page 4

5 DINING AREA OF 745 SQUARE FEET AND DETERMINE THE USE IS CATEGORICALLY EXEMPT PER SECTION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 10. ZONING CODE AMENDMENT STANDARDS FOR ELECTRONIC CIGARETTE, SMOKING AND HOOKAH LOUNGES AND OTHER COMMERCIAL LAND USES AND SIGN PROGRAMS (PA14-006). THE CODE AMENDMENT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ( CEQA ) BECAUSE THE AMENDMENT: (1) WILL NOT RESULT IN A PHYSICAL CHANGE IN THE ENVIRONMENT; AND (2) IS NOT A PROJECT AS DEFINED IN THE CEQA GUIDELINES Director of Planning Albert Armijo presented the staff report and noted Planning Consultant Larry Lawrence is present for questions. Questions and discussion ensued regarding definition of a lounge and the number of allowed lounges per retail or commercial center, animal grooming and veterinarian uses, e cig use in non-residential districts, clarification about neighborhood commercial, process for discretionary use permits, and clarification on the Town Center and the Commons being one center. Mayor Tsunoda opened the public hearing and the following person spoke: 1) Bonnie Elder, expressed concern on limits being placed on lounge uses in centers when there are different kinds of lounges, and asked why not exclude all retail uses that cater to kids instead of the e cig use being singled out. Discussion continued about removing the limit of one lounge per center, distinction between an e-cig, hookah, or smoking lounge and consumption on site, what other cities are doing, and the discretionary use permit process. MOTION: COUNCILMEMBER MUNZING MOVED AND MAYOR PRO TEM PHILLIPS SECONDED TO INTRODUCE THE ORDINANCE WITH AN AMENDMENT TO REMOVE THE PROVISION FOR NO MORE THAN ONE LOUNGE PER CENTER. MOTION FAILED 2 3 WITH COUNCILMEMBERS CHUN AND CAVE AND MAYOR TSUNODA DISSENTING. SECOND MOTION: MAYOR PRO TEM PHILLIPS MOVED AND COUNCILMEMBER CHUN SECONDED TO BIFURCATE THE PROPOSED ORDINANCE ENTITLED BELOW (AS AMENDED), AND INTRODUCE SAID ORDINANCE WITHOUT THE PROVISIONS FOR E-CIGARETTE, SMOKING AND HOOKAH LOUNGES. MOTION UNANIMOUSLY CARRIED. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING TITLE 15 OF THE ALISO VIEJO MUNICIPAL CODE, INCLUDING CHANGES TO LAND Page 5

6 USE REGULATIONS FOR SMALL RETAIL STORES IN THE "BP" DISTRICTS, ANIMAL SERVICE USES IN NONRESIDENTIAL DISTRICTS AND FINDINGS FOR APPROVAL OF SIGN PROGRAMS Councilmember Chun excused himself and left the meeting at 8:05 p.m. and did not return. Discussion ensued to clarify status of the provisions and standards for e-cig, smoking and hookah lounges. THERE WAS COUNCIL DIRECTION TO BRING IT BACK AFTER FURTHER REVIEW ON THE DEVELOPMENT STANDARDS INCLUDING THE NUMBER OF LOUNGES PER CENTER AND STANDARDS FOR BAR ALCOHOL AND BEVERAGE ESTABLISHMENTS. City Manager David Doyle noted staff will bring the item back in 30 days after getting some feedback from each Council member and crafting a proposed ordinance based on that outcome and tonight s discussion. DISCUSSION ITEM NOS. 11 AND AMEND COMMUNITY ASSISTANCE GRANT FUNDING COUNCIL POLICY (Policy No ) City Manager David Doyle gave a quick overview and noted the City has received approval from the State for its Housing Element. Director of Community Services Karen Crocker presented the staff report. Mayor Tsunoda opened for public comment but there was none. MOTION: COUNCILMEMBER CAVE MOVED AND COUNCILMEMBER MUNZING SECONDED TO AMEND SAID POLICY TO INCLUDE THAT 50% OF THE AVAILABLE GRANT FUNDS IN THE HUMAN AND SOCIAL SERVICES CATEGORY BE ALLOCATED TO HOMELESSNESS PREVENTION PROGRAMS, PROGRAMS FOR THE DISABLED AND DOMESTIC VIOLENCE SUPPORT PROGRAMS. MOTION CARRIED 4-0, WITH COUNCILMEMBER CHUN ABSENT. 12. COMMUNITY ASSISTANCE GRANT FUNDING - FISCAL YEAR City Manager David Doyle presented the staff report. Mayor Tsunoda opened for public comment and there was none. Page 6

7 For clarification purposes, Councilmember Munzing noted the grand total amount for the proposed grant funding is $112,645 including the funding levels for the noncompetitive grants and City-sponsored recreation programs (re-occurring programs provided by various agencies) in the amount of $87,645. MOTION: COUNCILMEMBER MUNZING MOVED AND MAYOR PRO TEM PHILLIPS SECONDED TO AUTHORIZE THE AWARD OF COMPETITIVE GRANT FUNDS AS PART OF THE CITY S FISCAL YEAR COMMUNITY ASSISTANCE GRANT FUNDING PROGRAM. MOTION CARRIED 4-0, WITH COUNCILMEMBER CHUN ABSENT. COMMUNITY INPUT 1. Nancy Conley inquired about the status of the time capsule that was created in 2005, and requested an update on the status of the Town Center monument signs. City Manager Doyle replied he will ask staff to look into it and get back to her. CITY MANAGER S REPORT City Manager David Doyle reported street sweeping warning notices have all been issued to violators for the purpose of establishing a more consistent noticing and enforcement process. He also reported the Aquatics Center is now open with over 300 patrons at opening day. ANNOUNCEMENTS/COUNCIL COMMENTS/COMMITTEE UPDATES Councilmember Munzing: Attended the Taste of Aliso Niguel event at the Design Center. Attended SCAG s General Assembly 3-day event in Indian Wells, CA. Councilmember Chun: Absent Councilmember Cave: None Councilmember Phillips: None Mayor Tsunoda: None ADJOURNMENT: The meeting adjourned at 8:15 p.m. to the regularly scheduled meeting of May 21, Page 7

8 Respectfully submitted: SUSAN A. RAMOS, CITY CLERK Approved by: PHILLIP B. TSUNODA, MAYOR Page 8