ALISO VIEJO MINUTES CITY COUNCIL REGULAR MEETING. February 7, 2007

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1 ALISO VIEJO MINUTES CITY COUNCIL REGULAR MEETING CALL TO ORDER The regular meeting of the City Council of the City of Aliso Viejo was called to order by Mayor Adams at 7:03 p.m. on Wednesday, at the Aliso Viejo City Hall Council Chambers, 12 Journey, Aliso Viejo, California. A complete copy of the agenda for the meeting containing all items as shown herein was posted by 6:00 p.m. on February 1, 2007 on the outdoor bulletin board at City Hall. Copies were also posted at the Aliso Viejo Library, 1 Journey, and the Aliso Viejo Sheriff s Substation, 11 Journey. PLEDGE OF ALLEGIANCE Chief of Police Services Lt. Paddock led the Pledge of Allegiance. ROLL CALL Present: Absent: Mayor Cynthia D. Adams Mayor Pro Tem Carmen Cave Council Member Greg Ficke Council Member William A. Phillips Council Member Karl P. Warkomski None. SPECIAL PRESENTATIONS Mayor Adams presented a Certificate of Congratulations to Kevin Herbert for winning second place in the Masters Division of the 2006 Half Ironman World Championship. Kevin Herbert described the components of the Half Ironman contest and stated that Aliso Viejo was a great place to train and live. He thanked the Council for the recognition. Mayor Adams stated that Kevin was an inspiration for Aliso Viejo residents to stay fit. Mayor Adams presented the proclamation declaring the Month of February 2007 as American Heart Month to Board Members Dennis Katovsich and George Monastersky, M.D. Board Member Katovich thanked the Council for the recognition and described the Go Red program. Board Member Monastery stated that 2,000 Page 1 of 8

2 people die every day from heart disease. He cited that one-third of the deaths in Orange County are from heart disease or heart disorders. He stated that the goal of the American Heart Association is to reduce heart disease by 25% by He stated the major component for prevention is education. He stated that with the current level of awareness, statistics have reduced. Mayor Adams concurred with the devastating statistics and mentioned that her mother died of a heart disease. She thanked the Association and the Board Members for their efforts on this cause. Mayor Adams stated that Lorina Smith, the Food Drive Coordinator of the Second Harvest Food Bank, was unable to attend tonight s meeting. Mayor Adams stated that the City s support letter will be forwarded to the Food Bank for their upcoming 6 th Annual South County Citywide Food Drive. Senior Public Information Specialist Debra Reed from the South Coast Air Quality Management District (AQMD) and gave a PowerPoint Presentation on the AQMD s draft Air Quality Management Plan. PROCLAMATIONS PRESENTED ELSEWHERE Mayor Adams stated that she will present a Certificate of Recognition to Boy Scout John Smith at the High Court for his achievement on becoming an Eagle Scout on February 3, ADDITIONS, DELETIONS, REORDERING TO THE AGENDA City Attorney Smith stated that Council had reportable action for the January 17, 2007 Closed Session. A MOTION was carried unanimously to: 1. Authorize the City Manager to complete and finalize the lease agreement for 12 Journey, Suite 200; and 2. Increase managerial contract authority to cover lease tenant improvement and the lessee-initiative enhancements to those improvements. City Attorney Smith explained that the tenant improvements were a combination of the lessee improvements, which were within the Manager s authority to award, and enhanced finishes, etc. requested by the tenant. He added that rather than award two separate contracts, it seemed appropriate to meld the two components into one contract and to augment the City Manager s authority to award it. There were no additions, deletions or reordering to the agenda. Page 2 of 8

3 CONSENT CALENDAR A MOTION was made by Council Member Phillips and seconded by Mayor Pro Tem Cave, to approve the Consent Calendar as described below. Motion carried unanimously, 5-0 with Council Member Ficke abstaining from Item Number 2, Minutes January 17, 2007 Meeting. 1. Waive the Reading of All Ordinances Waived the reading of all Ordinances in their entirety and read by title only. 2. Minutes January 17, 2007 Meeting Approved the Minutes as submitted. 3. Warrants 1. Ratified warrants issued January 11, 2007 in the amount of $1,057,047.15; 2. Ratified warrants issued January 18, 2007 in the amount of $35,691.16; and 3. Ratified warrants issued January 25, 2007 in the amount of $332, Treasurer s Statement December 2006 Approved the December 2006 Treasurer s Statement. 5. RFP for Landscape Architecture Services for Streets and Trails Projects Approved the Request-for-Proposal (RFP) and directed Staff to advertise, interview consultants if necessary, and recommend a consultant for City Council selection to perform landscape architecture services for streets and trails projects. 6. Lot Line Merger LLA 06-02/Lot Line Adjustment No. LL06-03 for Tract No Summit Phase VI Pacific Life and Phase VII PROPOSED RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA APPROVING LOT LINE MERGER AND LOT LINE ADJUSTMENT NO. LL06-03 FOR TRACT NO (SUMMIT PHASES VI AND VII), PARKER PROPERTIES Page 3 of 8

4 1. Adopted the Resolution No approving Lot Line Merger LLA and Lot Line Adjustment 06-03; and 2. Authorized Staff to record proper documents with the Orange County Recorder. PUBLIC HEARING None. COUNCIL BUSINESS 7. Pacific Life Project (SDP06-06) Landscaping Plan Planning Director Garcia gave a brief background from the staff report. She reported that there was an Administrative Approval on screening for this site. She stated that the Applicant is enlarging the tree boxes to 60 wide in order to plant more mature trees. She stated that the Applicant is also increasing the number of trees and mitigating the water runoff issue. Discussion ensued regarding if the hardscape was part of the landscape plan; Mayor Pro Tem Cave wanted specific conditions on hardscape to be a permanent feature; Applicant Bob Bunyan stated that the conditions regarding hardscape can be added to the landscape plan and include the location of the pedestrian amenities on the Plan. Applicant Bunyan introduced Jim Ridge, the landscape architect on this project. He stated that they met with Staff to address several issues. Jim Ridge stated that the landscape plan did not include the hardscape and amenities, but that he would address those concerns and include them in the Plan. Mayor Adams opened the item for public comment. There being none, Mayor Adams closed the item for public comment. Further discussion ensued regarding the type of plants used; if the pine would cause root problems on the slope; the root barrier being added near the hardscape; the size and type of the trees; the removal of water features; if pubic art would be displayed; the availability of public art being visible to the public; the need for shading in the Plaza; the irrigation plan and mitigation of water runoff; the description of the polymer being used on Phase Seven; the confirmation by the Applicant that reclaimed water will be used for landscaping purposes; the area between the sidewalk and street was the property of AVCA; the drainage system being diverted into two main filtration points before going to the storm drain; the frequency of cleaning the filtration Page 4 of 8

5 systems; if landscaping can be placed in front of the faux stone to soften the look; the plan to plant in the front and back of the wall; the difference between the conceptual and proposed plan presented; the changes of landscape architects and structural engineer firms since the conceptual plans were submitted; Staff s recommendation for tonight s approval; the substantial changes from the conceptual plans; and suggested wording on the condition 9B of Resolution No Applicant Bunyan stated the reasons why there were changes from the conceptual plans. He stated that he would like to move forward and get specific direction from Council. City Manager Pulone suggested that the item be continued and allow the Staff to work further with the Applicant. He suggested the appropriate Council Meeting would be March 7, Applicant Bunyan requested specific direction from Council and requested that Pacific Life be able to pull building permits. Mayor Pro Tem Cave stated that the Condition Number 9 (B) specifically states the requirement to have an approved landscape plan before issuance of a building permit. A MOTION was made by Council Member Ficke but failed for a second, to modify Resolution No item 9 (b). Council Member Phillips suggested that the wall on Aliso Viejo Parkway incorporate public art. He was amendable to the removal of the water features if there was public art. Applicant Bunyan stated that the Pacific Life was acceptable to the pubic art concept. Council gave the following direction to the Applicant: 1. To allow the issuance a building permit prior to the approved landscape plan with the caveat that precedence is not set. 2. To have the wall facing Aliso Viejo Parkway incorporate public art. 3. To continue this item to March 7, 2007 and meet with Staff. 4. To have bullet points on the plans referencing other plans so that all plans be in conformity. 5. To address the hardscape features on the landscape plan. 6. To address people spaces with furniture and shade on the landscape plan. A MOTION was made by Mayor Cave and seconded by Council Member Ficke, to continue this item to March 7, Motion carried unanimously, Mid-Year Budget City Manager Pulone gave a brief background from the staff report. He itemized the amendments presented to Council for approval. Additionally, he stated that the Sheriff Department is currently in labor negotiations and Page 5 of 8

6 approved salary increases may impact the Budget. Mayor Adams opened the item for public comment. There being none, Mayor Adams closed the item for public comment. A MOTION was made by Council Member Ficke and seconded by Council Member Phillips, to adopt the recommended Mid-Year Budget for Fiscal Year Motion carried unanimously, 5-0. COMMUNITY INPUT There were no speakers. CITY MANAGER S REPORT City Manager Pulone reported that Chief of Police Services Lt. Paddock informed him that Doctor s Ambulance donated $2,500 for the next Citizen Disaster Preparedness Academy, which will be occurring weekly from March 13, 2007 to May 8, ANNOUNCEMENTS/COUNCIL COMMENTS/COMMITTEE UPDATES Council Member Ficke None. Council Member Phillips Council Member Phillips stated that he was talking with Reverend Sharon Fauk on the City s Citizen Disaster Preparedness Academy. He stated that the program is becoming very successful in South Orange County. He reminded the audience of the importance of such a program and to be prepared in the event of an emergency. Mayor Pro Tem Cave Mayor Pro Tem Cave stated that she would be attending the TCA meeting tomorrow where there will be a discussion to close the Operations and Finance Committee. She also stated that the TCA will be interviewing executive search firms for the CEO position. Lastly, she stated that she was served individually as well as a Board Member regarding a Class Act Lawsuit from people who failed to pay their tolls. The complaint cites that toll fees were unconstitutional to collect. Page 6 of 8

7 Council Member Warkomski Council Member Warkomski stated he spoke at the City of Laguna Beach Council Meeting about the Climate Protection Act, which was adopted by the Council. He also reported that the City of Laguna Beach purchased the two remaining large parcels adjacent to the wilderness reserve along Laguna Canyon completing the recreational corridor/trail along the ridgeline. Council Member Warkomski stated that he will be attending the upcoming League of California Cities meeting on Global Warming. Council Member Warkomski stated that this will be his last meeting since he will be moving out of the State. Mayor Adams Mayor Adams stated that she attended three high courts for the Boy Scout s Eagle Scout recognition. She described the individual projects done by each Eagle Scout. Mayor Adams wanted to get Council s input on the letter received from Santa Ana s Mayor Pulido opposing an AQMD project. She wanted information placed in the Weekly Report and get feedback on Council desire to hear this item. Council Member Warkomski s Farewell Mayor Adams stated that Council will give a few comments to Council Member Warkomski with a cake reception to follow. Council conveyed that Council Member Warkomski provided tremendous insight on environmental issues; educated the community on being environmental friendly; reiterated the importance of green buildings; earned the respect from other elected officials even though they may differ in opinions; wished him well on his new endeavors; and thanked him for his service as on of the Founding Council Members. Mayor Adams stated that she enjoyed working with Council Member Warkomski. She presented a plaque to Council Warkomski for his service as Council Member. Council Member Warkomski thanked the community and encouraged them to continue to participate on community events. The City Council recessed at 8:56 p.m. for a cake reception and then proceeded to Closed Session. CLOSED SESSION Page 7 of 8

8 The City Council recessed to Closed Session regarding: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section Title: City Attorney At the hour of 9:18 p.m. the City Council reconvened, with all Council Members present. Mayor Adams announced that there were no reportable actions taken in Closed Session. City Attorney Smith stated that Council Member Warkomski s last day would be Saturday, February 10, City Attorney Smith gave the options for Council to consider on for completing Council Member Warkomski s unexpired term. Mayor Adams suggested having a Special Meeting. She requested Council s desire to set a date. It was Council direction to meet on February 13, 2007 at 6:00 p.m. with Council Member Ficke teleconferencing. ADJOURNMENT at 9:26 p.m. Submitted By: Approved By: Susan Robinson, CMC City Clerk Cynthia D. Adams Mayor Page 8 of 8