2. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section Title: City Manager

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1 CITY OF ALISO VIEJO CITY COUNCIL MINUTES REGULAR MEETING JULY 17, 2013, 7:00 P.M. Council Chambers, City Hall, 12 Journey Aliso Viejo, California CALL TO ORDER: Closed Session convened at 6:25 p.m. PRESENT: ABSENT: STAFF PRESENT: MAYOR CARMEN CAVE MAYOR PRO TEM PHILLIP B. TSUNODA COUNCILMEMBER ROSS CHUN COUNCILMEMBER MIKE MUNZING COUNCILMEMBER WILLIAM A. PHILLIPS NONE MARK PULONE, CITY MANAGER SCOTT SMITH, CITY ATTORNEY CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section Title: Interim City Manager 2. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section Title: City Manager PUBLIC COMMENT: There was no public comment. CALL TO ORDER: Mayor Cave called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:00 p.m. PRESENT: ABSENT: STAFF PRESENT: MAYOR CARMEN CAVE MAYOR PRO TEM PHILLIP B. TSUNODA COUNCILMEMBER ROSS CHUN COUNCILMEMBER MIKE MUNZING COUNCILMEMBER WILLIAM A. PHILLIPS NONE MARK A. PULONE, CITY MANAGER Page 1

2 SCOTT C. SMITH, CITY ATTORNEY SUSAN A. RAMOS, CITY CLERK GLENN YASUI, ADMINISTRATIVE SERVICES DIRECTOR KAREN CROCKER, COMMUNITY SERVICES DIRECTOR GINA THARANI, FINANCE DIRECTOR SHAUN PELLETIER, PUBLIC WORKS DIRECTOR/CITY ENGINEER ALBERT ARMIJO, PLANNING DIRECTOR JENNIFER LOWE, ASSOCIATE PLANNER LT. JOHN MACPHERSON, POLICE CHIEF SGT. DJ HALDEMAN, ADMINISTRATIVE SERGEANT PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Sarah and Katie Sweet, Aliso Viejo residents. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION City Attorney Smith reported the Council appointed Lt. John MacPherson as Chief of Police Services and John Whitman, former Public Works Director, as Acting City Manager from August 3 to August 7 and as Interim City Manager for the subsequent period until a successor has been appointed to replace outgoing City Manager Mark Pulone. SPECIAL PRESENTATION A. COUNCIL RECOGNITION AND PRESENTATION TO MARTHA DANIEL FOR BEING NAMED SMALL BUSINESS PERSON OF THE YEAR FINALIST Mayor Cave introduced Martha Daniel and presented her with a framed Certificate of Recognition. Ms. Daniel expressed thanks and appreciation and provided background information about her business and the elite veteran program. B. PRESENTATION BY THE SOUTHERN CALIFORNIA WATER COMMITTEE Boardmember Larry McKenney gave an educational presentation about the risks and threats to California s water supply and the aging Sacramento-San Joaquin Delta, the core of California s water system, and restoration plans. He distributed materials to Council and staff for additional information. Page 2

3 ADDITIONS, DELETIONS, REORDERING TO THE AGENDA None CONSENT CALENDAR Mayor Cave asked if any member of the City Council or the public wished to remove an item from the Consent Calendar. Councilmember Chun requested to pull agenda item no. 12. There was no request from the public to remove any items on the consent calendar. MOTION: COUNCILMEMBER PHILLIPS MOVED AND COUNCILMEMBER MUNZING SECONDED TO APPROVE CONSENT CALENDAR ITEMS 1-11 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. MINUTES A. Regular Meeting of June 19, 2013 B. Special Meeting (Closed Session) of July 3, 2013 Approved the subject Minutes as submitted. 3. ACCOUNTS PAYABLE Ratified the following Accounts Payable checks: A. Issued June 13, 2013 in the amount of $64,904.68; and B. Issued June 20, 2013 in the amount of $1,154, C. Issued June 20, 2013 in the amount of $287, D. Issued June 20, 2013 in the amount of $38, TREASURER S STATEMENT MAY 2013 Approved said Statement. 5. INVESTMENT POLICY Adopted a Resolution entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADOPTING THE INVESTMENT POLICY FOR FISCAL YEAR AND RESCINDS RESOLUTION IN ITS ENTIRETY. Page 3

4 6. RESOLUTION OF COMMUNITY FACILITIES DISTRICT NO (GLENWOOD AT ALISO VIEJO) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR Adopted a Resolution entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR CLAIM FOR DAMAGES JASON LAGAS Rejected said claim. 8. CLAIM FOR DAMAGES NATHAN HELMAN Rejected said claim. 9. CLAIM FOR DAMAGES ADAM AND FAHIM HOKOKI Rejected said claim. 10. RFP FOR ON-CALL CIVIL ENGINEERING SERVICES Approved the Request for Proposal (RFP) and directed staff to advertise, interview if necessary, and recommend a consultant(s) for City Council selection to perform civil engineering services on an on-call basis. 11. FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EARSI FOR PLANNING CONSULTANT SERVICES PERTAINING TO THE COMPREHENSIVE GENERAL PLAN UPDATE Approved a Fifth Amendment to said Agreement. MOTION UNANIMOUSLY CARRIED. PULLED CONSENT CALENDAR ITEM 12. CROSSING GUARD SERVICES AGREEMENT FOR FISCAL YEAR Councilmember Chun pulled this item from consent to clarify and staff responded about the process when a crossing guard is absent at an assigned location. Mayor Cave opened public comments and there was none. Page 4

5 MOTION: COUNCILMEMBER CHUN MOVED AND COUNCILMEMBER PHILLIPS SECONDED TO APPROVE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT TO AGREEMENT BETWEEN ALL CITY MANAGEMENT SERVICES, INC. AND THE CITY OF ALISO VIEJO FOR PROVIDING SCHOOL CROSSING GUARD SERVICES ; AND, AUTHORIZE THE APPROPRIATION OF $3,559 FROM THE GENERAL FUND UNRESERVED FUND BALANCE. MOTION UNANIMOUSLY CARRIED. END OF CONSENT CALENDAR PUBLIC HEARING ITEM NO PLANNING APPLICATION PA (CUP) A REQUEST FOR A ONE YEAR EXTENSION FOR CONDITIONAL USE PERMIT (UPAV08-12) WHICH APPROVED ESTABLISHMENT OF A COMPRESSED NATURAL GAS FACILITY (CNG) AT CAPISTRANO UNIFIED SCHOOL DISTRICT TRANSPORTATION CENTER IN ALISO VIEJO, CALIFORNIA Associate Planner Jennifer Lowe presented the staff report. Mayor Cave opened the public hearing. There was no public testimony received and the public hearing was closed. MOTION: COUNCILMEMBER PHILLIPS MOVED AND COUNCILMEMBER CHUN SECONDED TO ADOPT A RESOLUTION ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, TO ADOPT PLANNING APPLICATION PA (CUP) AND ALLOW A ONE YEAR EXTENSION FOR CONDITIONAL USE PERMIT UPAV08-12 WHICH APPROVED ESTABLISHMENT OF A COMPRESSED NATURAL GAS FACILITY AT CAPISTRANO UNIFIED SCHOOL DISTRICT TRANSPORTATION CENTER MOTION UNANIMOUSLY CARRIED. DISCUSSION ITEMS NO PRELIMINARY ENGINEERING FOR PEDESTRIAN BRIDGE OVER ALISO CREEK FROM LAGUNA NIGUEL TO ALISO NIGUEL HIGH SCHOOL Page 5

6 City Engineer Shaun Pelletier presented the staff report. Mayor Cave opened for public comment but there was none. MOTION: COUNCILMEMBER PHILLIPS MOVED AND COUNCILMEMBER MUNZING SECONDED TO PROCEED WITH THE PRELIMINARY ENGINEERING FOR THE PROPOSED PEDESTRIAN BRIDGE OVER ALISO CREEK FROM LAGUNA NIGUEL TO ALISO NIGUEL HIGH SCHOOL. MOTION UNANIMOUSLY CARRIED. 15. PARKING ON ARGONAUT City Engineer Shaun Pelletier presented the staff report and noted Rogier Goedecke with RK Engineering, who prepared the traffic study, is available for questions. Discussion ensued regarding logistics for turns if the center turn lane is eliminated, concerns about use and enforcement of proposed street parking for Azarian, location of stop signs, benefits of offering street parking in business areas, and impact to the citywide parking study. Mayor Cave opened public comment and there was none. MOTION: MAYOR PRO TEM TSUNODA MOVED AND COUNCILMEMBER PHILLIPS SECONDED TO APPROVE A MODIFICATION TO THE LANE CONFIGURATION ON ARGONAUT TO ALLOW 30 SPACES OF ON-STREET PARKING ADJACENT TO AZARIAN GYMNASTICS AND SAID IMPROVEMENTS ARE TO BE AT THE EXPENSE OF THE APPLICANT; AND, TO DIRECT STAFF TO REVISIT POLICY AND FORMULATE A CITYWIDE PARKING STUDY TO ADDRESS FUTURE PARKING DEMANDS IN INDUSTRIAL AREAS. MOTION UNANIMOUSLY CARRIED. 16. VISUAL ART IN PUBLIC PLACES PROGRAM Associate Planner Jennifer Lowe presented the staff report. Mayor Cave opened public comment and there was none. Discussion and concerns were expressed with regards to the advisory committee and adding another layer to the review process which could cause delay in the development application process, the process for public art in parks owned by AVCA, criteria used to require public art, the City s community enhancement fund, and visual blight created by cell antennas. THERE WAS COUNCIL DIRECTION TO STAFF TO BRING BACK A DRAFT ORDINANCE FOR FURTHER REVIEW AND CONSIDERATION, TO INCLUDE PUBLIC ART FOR CELL TOWERS. Page 6

7 17. VANTIS AND OTHER HOUSING OPPORTUNITIES AD HOC COMMITTEE City Manager Pulone noted this item is back for formal action by the Council on the five recommendations presented by the ad hoc at the last meeting: 1) Continue processing the 2C Liberty senior affordable housing application; 2) Exclude the 4 Orion property from the City s Housing Element; 3) Include a portion of the U.S. Postal Service property in the City s Housing Element; 4) Evaluate the revised Housing Element in accordance with CEQA; and 5) Continue processing the Vantis project proposal. COUNCIL CONSENSUS TO MOVE FORWARD WITH THE FIVE RECOMMENDATIONS AND DIRECT AND AUTHORIZE STAFF TO ACCOMPLISH SAME AND BRING THE RESULTING ACTION ITEMS BACK TO COUNCIL FOR CONSIDERATION. 18. WOODFIELD PARK Director of Administrative Services Glenn Yasui presented the staff report. Additionally, he reported receipt of the following information/update from AVCA: AVCA is proposing to include funding in their budget for parking improvements behind Parking Area 1 to include painting and striping of the parking lot, creating an entrance off Woodfield Drive to lead to that parking lot and constructing a sleeve for future lighting, subject to approval by the Board. AVCA will contract out for an engineering study to create an action plan to address the Woodfield Park parking issues with Aliso Viejo Little League (AVLL) contributing $12K towards said study and AVCA contributing $2K. AVCA has requested AVLL to submit in writing a list of items they would like included in the engineering study Discussion ensued regarding timing of AVCA s budget process and the timing of the start of ball season, a proposition to use the City s Community Enhancement Funds for said parking improvements to help expedite the project in time for this year s ball season, and the need for a project scope and description. MOTION: MAYOR PRO TEM TSUNODA MOVED AND COUNCILMEMBER PHILLIPS SECONDED TO CONTINUE THIS ITEM TO THE NEXT COUNCIL MEETING AND DIRECT STAFF TO CONTACT AVLL AND AVCA TO LET THEM KNOW OF COUNCIL S INTENTION TO ASSIST IN FUNDING THE PARK IMPROVEMENTS AND TO OBTAIN A CLEAR PROJECT SCOPE AND DESCRIPTION FOR THE COUNCIL AT THE NEXT MEETING. MOTION UNANIMOUSLY CARRIED. Page 7

8 COMMUNITY INPUT None CITY MANAGER S REPORT City Manager Pulone noted since this is his last Aliso Viejo Council meeting, he would like to express his thanks and appreciation to the City Council, the City Attorney, City staff and the community for all their support. He said Aliso Viejo is a great organization and a pleasure to work at and he will miss it. He also said that his interim successor John Whitman will do a fine job as City Manager. ANNOUNCEMENTS/COUNCIL COMMENTS/COMMITTEE UPDATES Councilmember Munzing: Attended the July 4th event and the Concert at the Park series Attended the opening of the Orange County Fair Attended the Outlook for Energy 2040 by Exxon Mobil session in Irvine Councilmember Chun: Attended the 4 th of July event Attended the ACC-OC City Leader Reception with Councilmember Munzing Councilmember Phillips: None at this time. Mayor Pro Tem Tsunoda: None at this time. Mayor Cave: None at this time. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. to the next regularly scheduled City Council meeting on August 7, Respectfully submitted: Approved by: SUSAN A. RAMOS, CITY CLERK CARMEN L. CAVE, MAYOR Page 8