CITY OF ALISO VIEJO CITY COUNCIL MINUTES REGULAR MEETING FEBRUARY 3, 2010, 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 FEBRUARY 3, 2010, 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. ROLL CALL: PRESENT: COUNCIL MEMBERS: PHILLIP B. TSUNODA CARMEN CAVE GREG FICKE DONALD A. GARCIA (ARRIVED AT 7:10 P.M.) WILLIAM A. PHILLIPS ABSENT: COUNCIL MEMBERS: NONE STAFF PRESENT: MARK A. PULONE, CITY MANAGER SCOTT SMITH, CITY ATTORNEY SUSAN A. RAMOS, CITY CLERK GLENN YASUI, ADMINISTRATIVE SERVICES DIRECTOR GINA THARANI, FINANCE DIRECTOR HELEN WILSON, COMMUNITY SERVICES DIRECTOR JOHN WHITMAN, PUBLIC WORKS DIRECTOR ALBERT ARMIJO, PLANNING DIRECTOR LT. BOB OSBORNE, CHIEF, POLICE SERVICES PLEDGE OF ALLEGIANCE TO THE FLAG: Cub Scout Pack 751 led the pledge of allegiance. SPECIAL PRESENTATIONS A. PRESENTATION AND RECOGNITION TO CHRISTIAN FRONCZEK, FOR HIS SELFLESS CONTRIBUTION TO U.S. MARINE FAMILIES Mayor Tsunoda introduced Mr. Fronczek and presented him with a Certificate of Recognition. Mr. Fronczek accepted with thanks and commented briefly on his plans to continue to help the needy.

2 Council Minutes Page 2 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 were no requests from the Council or the public to remove any items. MOTION: MAYOR PRO TEM CAVE MOVED AND COUNCILMEMBER GARCIA SECONDED TO APPROVE CONSENT CALENDAR ITEMS 1-6, AS FOLLOWS: 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 REGULAR MEETING OF JANUARY 20, 2010 Approved the Minutes as submitted. 3. ACCOUNTS PAYABLE Ratified Accounts Payable checks issued January 14, 2010 in the amount of $571,614.03; and, Accounts Payable checks issued January 21, 2010 in the amount of $195, TREASURER S STATEMENT December 2009 Approved the December 2009 Treasurer s Statement. 5. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ROSENOW SPEVACEK GROUP (RSG) INC. FOR AFFORDABLE HOUSING IMPLEMENTATION AND ADMINISTRATION SERVICES Approved said amendment. 6. ADVERTISE FOR BIDS FISCAL YEAR SLURRY SEAL AND REHABILITATION PROJECT Approved contract documents, specifications, and plans for said project; and, authorize staff to advertise, evaluate bids, and recommend contractor for same.

3 Council Minutes Page 3 MOTION UNANIMOUSLY CARRIED. END OF CONSENT CALENDAR CONTINUED PUBLIC HEARING ITEM NO A REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH A RELIGIOUS, FRATERNAL OR SERVICE ORGANIZATION OF A NON PROFIT NATURE WITHIN PACIFIC PARK PLAZA BUSINESS PARK AT ALISO CREEK ROAD (CONTINUED FROM JANUARY 20, 2010) Director of Planning Services Al Armijo presented the report and noted the applicant and representatives are present this evening for questions Questions and concerns regarding the life of the CUP, code enforcement and appeal process, on site management, and potentially replicating use and parking problems that currently exist in another business plaza. Mayor Pro Tem Cave noted that the letter from the applicant indicated a three year period and suggested establishing a time limit for the CUP of three years with two one year extensions and requiring a city approved parking study for the first extension. Mayor Tsunoda asked if anyone in the audience would like to speak during the public hearing. Bob Bunyan, representing the applicant, provided a slide presentation regarding the proposed use covering operating hours, church programs and activities, parking use, and the current diversity of uses in the plaza. He noted that the applicant has submitted a parking study to the City approved by the City Engineer and the Director of Planning Services. Questions ensued and staff provided clarification about the discrepancy in the attendance number and time schedule. Susan Simerson, Director of Property Management, Spectrum Commercial Inc., gave background information about the plaza with respect to tenant use and parking and responded to Council questions. Chris Norman, Pastor, clarified church activities and programs during the week and weekends and anticipated attendance.

4 Council Minutes Page 4 No other comments were received and the public hearing was closed. MOTION: MAYOR PRO TEM CAVE MOVED AND COUNCILMEMBER FICKE SECONDED TO: 1) ADOPT THE RESOLUTION ENTITLED BELOW AS AMENDED TO REFLECT UNDER SECTION 2 NO. 5 UP TO 140 ADULTS AND/OR YOUTH FOR SUNDAY HOURS OF 7 A.M. TO 11 A.M. AND UP TO 140 ADULTS AND/OR YOUTH FOR SATURDAY AND SUNDAY 6 P.M. TO 9 P.M.; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO TO APPROVE CONDITIONAL USE PERMIT UPAV09-11 TO ESTABLISH A RELIGIOUS, FRATERNAL, OR SERVICE ORGANIZATION USE OF A NON-PROFIT NATURE WITHIN PACIFIC PARK PLAZA AT ALISO CREEK ROAD. AND, 2) GRANT THE CONDITIONAL USE PERMIT (CUP) WITH A THREE- YEAR TERM WITH THE OPTION FOR TWO ONE YEAR EXTENSIONS, THE FIRST EXTENSION WILL REQUIRE SUBMITTAL OF A PARKING STUDY FOR APPROVAL BY THE CITY ENGINEER AND DIRECTOR OF PLANNING SERVICES. MOTION UNANIMOUSLY CARRIED. DISCUSSION ITEMS NOS. 8 THROUGH SUMMARY OF AQUATIC CENTER OPERATIONS City Manager Pulone presented the staff report. Questions and discussion ensued regarding extending the operating season and hours, marketing strategies and initiatives, season passes, pool maintenance costs and investing in a pool cover. THERE WAS COUNCIL CONSENSUS TO DIRECT STAFF TO COME BACK WITH A RECOMMENDATION FOR A COST PROGRAM TO EXTEND OPERATING HOURS, CONSIDER OPTION FOR SEASON PASSES, CONSIDER OPTION FOR SPONSORSHIP OPPORTUNITIES WITHIN THE AQUATIC CENTER, AND DEVELOP A MARKETING PLAN TO INCREASE VISIBILITY AND ATTENDANCE.

5 Council Minutes Page 5 9. MID-YEAR BUDGET AND STRATEGIC INITIATIVES City Manager Pulone presented the staff report. Staff responded to questions regarding impacts in the future from the State, Proposition 1A securitization plan and the effective date, and impacts from the Orange County Sheriff s contract. Staff noted that as soon as the County figures are received by the City for the Sheriff s contract, staff will prepare a report for Council. MOTION: COUNCILMEMBER FICKE MOVED AND COUNCILMEMBER PHILLIPS SECONDED TO ADOPT THE RECOMMENDED MID-YEAR BUDGET FOR FISCAL YEAR AND THE STRATEGIC INITIATIVES AS PRESENTED. MOTION UNANIMOUSLY CARRIED. 10. DETERMINATION OF NEED TO CONTINUE EMERGENCY PUBLIC WORKS CONTRACTING FOR REPAIR WORK ON WOODFILED DRIVE PURSUANT TO PUBLIC CONTRACT CODE City Manager Mark Pulone presented the staff report. MOTION: MAYOR PRO TEM CAVE MOVED AND COUNCILMEMBER GARCIA SECONDED THAT THERE IS A NEED TO CONTINUE THE EMERGENCY PUBLIC WORKS IMPROVEMENT ON WOODFIELD DRIVE AUTHORIZED AT THE JANUARY 20, 2010 CITY COUNCIL MEETING. MOTION UNANIMOUSLY CARRIED. 11. EMERGENCY ANALYSIS AND REPAIRS TO ALISO VIEJO PARKWAY STORM DRAIN AND SLOPE BETWEEN MOULTON AND BRIARGLEN City Manager Pulone presented the staff report. Staff responded to questions regarding slope ownership and maintenance. Mayor Pro Tem Cave inquired about a potential conflict of interest. City Attorney Smith clarified there is no potential conflict since this item will result in a public benefit and there is no interest in property values from the recommended action.

6 Council Minutes Page 6 MOTION: MAYOR PRO TEM CAVE MOVED AND COUNCILMEMBER GARCIA MOVED TO AUTHORIZE THE APPROPRIATION OF FUNDS FROM GAS TAX, UNRESERVED FUND BALANCE TO PERFORM THE WORK AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT(S) TO ANALYZE AND/OR MAKE REPAIRS TO ALISO VIEJO PARKWAY STORM DRAIN AND SLOPE UP TO A MAXIMUM OF $50, MOTION UNANIMOUSLY CARRIED. COMMUNITY INPUT None at this time. CITY MANAGER S REPORT None at this time. ANNOUNCEMENTS/COUNCIL COMMENTS/COMMITTEE UPDATES Ficke Reported he and the City Manager met with representative from ihub and they will be looking at better ways to market the City. Garcia Requested staff to not staple the staff reports. Phillips None at this time. Cave None at this time. Tsunoda Wished City Manager Pulone a happy birthday on February 8. ADJOURNMENT: The Mayor adjourned the meeting at 8:50 p.m. to the regularly scheduled Council meeting of February 17, Respectfully submitted, SUSAN A. RAMOS CITY CLERK Approved by: PHILLIP B. TSUNODA MAYOR