CITY OF ALISO VIEJO CITY COUNCIL MINUTES REGULAR MEETING JUNE 3, 2009, 6:00 P.M. Council Chambers, City Hall, 12 Journey Aliso Viejo, California

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1 REGULAR MEETING JUNE 3, 2009, 6:00 P.M. Council Chambers, City Hall, 12 Journey Aliso Viejo, California CALL TO ORDER: Mayor Garcia called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 6:05 p.m. ROLL CALL: PRESENT: COUNCIL MEMBERS: DONALD A. GARCIA PHILLIP B. TSUNODA CARMEN CAVE GREG FICKE WILLIAM A. PHILLIPS ABSENT: COUNCIL MEMBERS: NONE STAFF PRESENT: MARK A. PULONE, CITY MANAGER SCOTT SMITH, CITY ATTORNEY PUBLIC COMMENT: There was no public comment. CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section Title: City Manager 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section Agency designated representative: City Attorney Unrepresented employee: City Manager AFTER CLOSED SESSION: The Mayor reconvened the meeting at 7:05 p.m., welcomed the public to the meeting, and asked the City Clerk to call the roll. ROLL CALL: PRESENT: COUNCIL MEMBERS: DONALD A. GARCIA PHILLIP B. TSUNODA CARMEN CAVE GREG FICKE WILLIAM A. PHILLIPS ABSENT: COUNCIL MEMBERS: NONE

2 2 STAFF PRESENT: MARK A. PULONE, CITY MANAGER SCOTT SMITH, CITY ATTORNEY PAULA GARROW, DEPUTY CITY CLERK/ SECRETARY TO THE CITY MANAGER GINA THARANI, DIRECTOR OF FINANCE GLENN YASUI, DIRECTOR OF ADMINISTRATIVE SERVICES ALBERT ARMIJO, INTERIM PLANNING DIRECTOR LT. BOB OSBORNE, CHIEF OF POLICE SERVICES PLEDGE OF ALLEGIANCE TO THE FLAG: Ross Chun, Aliso Viejo Community Association Board President, led the pledge of allegiance. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION: No reportable action at this time. SPECIAL PRESENTATIONS 1. RECOGNITION AND PRESENTATION TO ALEXIS MOORE FOR HER OUTSTANDING EFFORTS IN GIRL SCOUTS AND VOLUNTEER EFFORTS TO THE COMMUNITY Mayor Garcia presented Alexis Moore with a Certificate of Recognition. Alexis led Girl Scout cookie sales by selling 1300 boxes of cookies, and has volunteered a significant amount of her time to community service in Aliso Viejo. 2. RECOGNITION AND PRESENTATION TO MEMBERS OF THE CITY S COMMUNITY EMERGENCY PREPAREDNESS ACADEMY (CEPA) FOR SUCCESSFULLY COMPLETING THE CITY S 4 TH ANNUAL ACADEMY Mayor Garcia, a past graduate of the Academy, introduced Shawn Tabor of Doctors Ambulance, Academy sponsor, and Police Services Emergency Management Coordinator Steve Rhyner, Academy coordinator. EMC Rhyner assisted the Mayor in presenting Certificates of Completion to the CEPA graduates and announced that each graduate will receive an emergency kit as a graduation gift. Graduates present included Sevilla Alexander, Doug Childers, Jolene Childers, Robin Colton, Kathleen Frey, Brendon Julian, Kimberly Keck, Sallie Ngarmtap, Vanessa Nicholas, Robert Oesterreich, Eric Parker, Jennifer Parker, Bruce Wight, Johanna Wight, and Melissa Winter. Graduates who were unable to attend included Ray Chen, Teri Goff, Cynthia Hayner, Eva Iniguez, Stacey Johnson, Martha Skinner, and Annie Wright. ADDITIONS, DELETIONS, AND REORDERING OF THE AGENDA None at this time.

3 3 CONSENT CALENDAR Mayor Garcia asked if any member of the City Council or the public wished to remove an item from the Consent Calendar. He added that Council Member Ficke abstained from Item No. 4, as he was absent from the May 20 Council meeting. Council Member Cave requested that Item 7 be moved to a future meeting date: MOTION: COUNCIL MEMBER FICKE MOVED AND COUNCIL MEMBER PHILLIPS SECONDED TO APPROVE CONSENT CALENDAR ITEMS 3, 4, 5, 6, 8 AND 9, AS FOLLOWS: 3. 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 was waived. 4. MINUTES REGULAR MEETING OF MAY 20, 2009 Minutes were approved as submitted. 5. ACCOUNTS PAYABLE 1. Ratified Accounts Payable checks issued May 14, 2009 in the amount of $553,897.32; 2. Ratified Accounts Payable checks issued May 21, 2009 in the amount of $490, TREASURER S STATEMENT APRIL 2009 Council approved the April 2009 Treasurer s Statement. 8. FIRST AMENDMENT TO THE AMENDED AND RESTATED EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION AND HANDLING OF SOLID WASTE BETWEEN THE AND CR&R INCORPORATED Council approved the First Amendment to the Amended and Restated Exclusive Franchise Agreement for the Collection and Handling of Solid Waste between the City of Aliso Viejo and CR&R Incorporated. 9. MARKETING BROCHURE AND VIDEO Council directed Staff to take the following actions relating to the marketing brochure and video in an amount not to exceed $8,725.90: 1) Complete the printing of the brochure; 2) Complete post production work and conversion of the

4 4 brochure to an electronic format; and, 3) Finalize the video and make duplicate copies of the video. MOTION CARRIED UNANIMOUSLY FOR ITEMS 3, 5, 6, 8 AND 9. MOTION CARRIED ON ITEM 4 WITH COUNCIL MEMBER FICKE ABSTAINING. ITEM REMOVED FROM CONSENT CALENDAR: 7. PLANNING COMMISSION ACTION OF MAY 13, 2009 REGARDING UPAV08-15, A REQUEST TO APPROVE A CONDITIONAL USE PERMIT FOR A WIRELESS TELECOMMUNICATIONS FACILITY AT MOULTON PEAK, INCLUDING A 35-FOOT HIGH MONOTREE (IMITATION TREE) ANTENNA STRUCTURE AND SUPPORTING GROUND EQUIPMENT MOTION: COUNCIL MEMBER CAVE MOVED AND COUNCIL MEMBER FICKE SECONDED THE MOTION TO MOVE AGENDA ITEM 7 TO A FUTURE DATE. MOTION UNANIMOUSLY CARRIED. DISCUSSION ITEM NOS. 10 THROUGH 13: 10. WIRELESS FACILITIES AD HOC COMMITTEE City Manager Pulone briefed the staff report. Council Members Ficke and Phillips volunteered for the two positions on this committee, which will determine effective siting criteria for wireless facilities in the city. Council Member Cave recommended a temporary moratorium on all wireless facility applications, which could last at least 45 days, and could be extended up to ten months. MOTION: MAYOR GARCIA MOVED AND COUNCIL MEMBER FICKE SECONDED THE MOTION TO APPROVE THE SELECTION OF COUNCIL MEMBERS FICKE AND PHILLIPS TO SERVE ON THE WIRELESS FACILITIES AD HOC COMMITTEE AND BRING BACK AN ORDINANCE TO ESTABLISH A 45-DAY MORATORIUM ON WIRELESS FACILITIES. MOTION CARRIED UNANIMOUSLY. 11. ORDINANCE AMENDING THE ALISO VIEJO MUNICIPAL CODE CHAPTER RELATING TO APPEALS AND COUNCIL REVIEW OF PLANNING COMMISSION DECISIONS City Attorney Smith briefed Council on the staff report. The amended wording in Chapter of the Aliso Viejo Municipal Code will more accurately describe City Council review of Planning Commission decisions.

5 5 MOTION: COUNCIL MEMBER CAVE MOVED AND COUNCIL MEMBER FICKE SECONDED THE MOTION TO INTRODUCE AND ACCEPT THE FIRST READING OF ORDINANCE NO , ENTITLED BELOW: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AMENDING THE ALISO VIEJO MUNICIPAL CODE CHAPTER RELATING TO APPEALS AND COUNCIL. MOTION CARRIED UNANIMOUSLY. 12. ORDINANCE DECLARING PRIMA FACIE SPEED LIMIT OF 25 MILES PER HOUR ON A PORTION OF GOLF DRIVE, A CITY STREET City Manager Mark Pulone briefed the staff report in the absence of City Engineer John Whitman. Discussion ensued regarding challenges on Golf Drive, a City street in a residential area. Council continued the agenda item to the June 17 meeting when the City Engineer could be present to provide information critical to determining an appropriate and enforceable speed limit for Golf Drive. In addition, for reasons of health and safety and to avoid unnecessary delays, Council requested the Ordinance be accompanied by an urgency ordinance on June 17. MOTION: COUNCIL MEMBER CAVE MOVED AND COUNCIL MEMBER FICKE SECONDED THE MOTION TO CONTINUE THE ITEM AND BRING IT BACK ON JUNE 17 FOR INTRODUCTION AND ALSO TO BRING BACK AN URGENCY ORDINANCE TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON A PORTION OF GOLF DRIVE, A CITY STREET. MOTION CARRIED UNANIMOUSLY. 13. LAW ENFORCEMENT COST CONTAINMENT OPTIONS (Continued from May 20, 2009) City Manager Mark Pulone briefed the staff report. Mayor Garcia expressed concerns about annual law enforcement cost increases. Discussion ensued regarding training and overtime costs and defunding a position. Orange County Sheriff s Department (OCSD) Contract Manager Tricia Bello clarified that FY overtime hours currently reflected in FY contract could be separated and billed to the City for payment in the current fiscal year. Lt. Osborne reported that training hours in FY will be greatly reduced. Lt. Osborne also clarified the minor impacts of defunding a position. Council suggested having a relief deputy take the shift of the deputy who is out training.

6 6 Discussion continued including finding ways to keep the law enforcement costs at the FY level, the pros and cons of forming a JPA, and pursuing discussions with the Board of Supervisors and with Sheriff Hutchens. Mayor Garcia opened public comments. There were none. MOTION: MAYOR PRO TEM TSUNODA MOVED AND COUNCIL MEMBER CAVE SECONDED AS FOLLOWS: 1. COSTS INCURRED FOR NON-BUDGETED OVERTIME IN FY CURRENTLY REFLECTED IN THE PROPOSED AMENDMENT TO AGREEMENT BETWEEN THE AND THE COUNTY OF ORANGE FOR LAW ENFORCEMENT ( AMENDMENT ), BE CALCULATED, BILLED AND PAID FOR IN THE CURRENT FISCAL YEAR ENDING JUNE 30, 2009, THEREBY, REDUCING THE CURRENT AMENDMENT AMOUNT; 2. STAFF WILL PRESENT THE CORRECTED AMENDMENT, REFLECTING THE LOWER OVERTIME AND PERCENTAGE FIGURES, FOR COUNCIL CONSIDERATION AT THE JUNE 17 COUNCIL MEETING; 3. THE AMENDMENT WILL STIPULATE THE OPTION TO DEFUND ONE MOTOR DEPUTY POSITION, NOT ELIMINATING IT BUT HOLDING IT VACANT YET AVAILABLE FOR REACTIVATION; AND SHOULD THE CHIEF OF POLICE SERVICES REPORT TO THE CITY MANAGER THAT THE TRAFFIC ENFORCEMENT AND CRIME INDEX IS NEGATIVELY IMPACTED, THE CITY MANAGER HAS THE AUTHORITY, WITH COUNCIL APPROVAL, TO GIVE THE DIRECTION TO REACTIVATE OR FUND THE POSITION; 4. THE MAYOR WILL PURSUE A MEETING WITH SHERIFF HUTCHENS TO DISCUSS NECESSARY STEPS TO CHANGE THE TREND OF OCSD CONTRACT AMOUNTS RISING ANNUALLY UNABATED; 5. STAFF WILL EXPLORE NEW OPTIONS AND SCENARIOS FOR LAW ENFORCEMENT SERVICES. MOTION CARRIED UNANIMOUSLY. COMMUNITY INPUT None at this time. CITY MANAGER S REPORT None at this time.

7 7 ANNOUNCEMENTS/COUNCIL COMMENTS/COMMITTEE UPDATES Ficke None at this time. Phillips: Thanked staff for their efforts on the successful opening of the Conference and Aquatic Centers. Stressed the importance of increasing City revenues and exploring new options. Cave: Attended the OCFA Board of Directors meeting and reported on discussion regarding the Firefighter Union. She stated that she voted to not take away equipment for the Reserve Firefighter Program and the vote passed. She expressed concern that the public was not involved in any of the eight months of discussions held by the OCFA on this matter. Tsunoda: Attended the International Council of Shopping Centers Annual Convention in Las Vegas and reported highlights of the event including the tight market conditions, as well as interesting developments and concepts being utilized in some cities. Garcia: Thanked staff and representatives from OCSD for their hard work and patience on the contract issue. Thanked staff for the wonderful grand opening of the Conference and Aquatic Centers and for their contribution to a successful Street Fair. Attended a play presented by the third grade class at Oak Grove Elementary School called, Orange County Play. The play was entertaining, and one of the characters was Mayor Garcia. ADJOURNMENT: The Mayor adjourned the meeting at 9:00 p.m. The next regular Council meeting is scheduled for June 17, Respectfully submitted, Approved by: PAULA GARROW DEPUTY CITY CLERK DONALD A. GARCIA MAYOR