CITY OF ALISO VIEJO CITY COUNCIL MINUTES REGULAR MEETING APRIL 2, 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 APRIL 2, 2014, 7:00 P.M. Council Chambers, City Hall, 12 Journey Aliso Viejo, California CALL TO ORDER: Closed Session convened at 6:00 p.m. PRESENT: ABSENT: STAFF PRESENT: MAYOR PHILLIP B. TSUNODA MAYOR PRO TEM WILLIAM A. PHILLIPS COUNCILMEMBER CARMEN CAVE COUNCILMEMBER ROSS CHUN COUNCILMEMBER MIKE MUNZING NONE SCOTT SMITH, CITY ATTORNEY CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section Title: City Attorney PUBLIC COMMENT: There was no public comment. 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 COUNCILMEMBER MIKE MUNZING NONE DAVID A. DOYLE, CITY MANAGER SCOTT SMITH, CITY ATTORNEY SUSAN A. RAMOS, CITY CLERK Page 1

2 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 JENN LOWE, ASSISTANT PLANNER LT. JOHN MACPHERSON, POLICE CHIEF PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Eagle Scout Jason Severn. REPORT ON CLOSED SESSION City Attorney Smith stated there is no reportable action at this time. SPECIAL PRESENTATION A. COUNCIL RECOGNITION AND PRESENTATION TO EAGLE SCOUT JASON SEVERN Mayor Tsunoda reported on Jason s project and presented him with a Certificate of Recognition. Mr. Severn commented about his project and expressed thanks and appreciation for the recognition. B. PRESENTATION AND RECOGNITION TO UMI GARRETT, CLASSICAL CONCERT PIANIST Mayor Tsunoda provided background about Ms. Garrett and played one of her piano pieces on CD. He invited the public to her recital at Soka University on Sunday, April 6, The Mayor also presented her with a Certificate of Recognition for her musical talents and compassion to help children learn to play the piano. C. PRESENTATION BY DR. MARILYN DITTY REGARDING AGE WELL SENIOR SERVICES PROGRAM City Manager David Doyle provided a brief summary about the City s funding assistance for said program and introduced Dr. Marilyn Ditty. Dr. Ditty described the program and its services in general and specific to Aliso Viejo. She talked about the growing senior population, shared some statistics and commented on the need for funding assistance.. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA None at this time. Page 2

3 CONSENT CALENDAR Mayor Tsunoda 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 item no. 5. There was no request from the public to remove any items on the consent calendar. MOTION: COUNCILMEMBER CAVE MOVED AND MAYOR PRO TEM PHILLIPS SECONDED TO APPROVE CONSENT CALENDAR ITEMS 1 4, 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 MARCH 19, 2014 REGULAR MEETING Approved the subject Minutes as submitted. 3. ACCOUNTS PAYABLE Ratified the following Accounts Payable checks: A. Issued March 13, 2014 in the amount of $683, and B. Issued March 20, 2014 in the amount of $53, TREASURER S STATEMENT FEBRUARY 2014 Approved said Statement. MOTION UNANIMOUSLY CARRIED. PULLED FROM CONSENT CALENDAR 5. PARKING ON BROOKLINE AND ARGONAUT Councilmember Chun requested to pull this item from consent Questions and discussion ensued about whether AVCA was involved in the review process and the source of the request for on street parking. There was also concern expressed about the future effects of on-street parking. Page 3

4 MOTION: COUNCILMEMBER CHUN MOVED AND MAYOR PRO TEM PHILLIPS SECONDED TO APPROVE THE REQUEST TO MODIFY THE LAND CONFIGURATIONS ON BROOKLINE AND ARGONAUT TO ALLOW FOR ON- STREET PARKING. MOTION UNANIMOUSLY CARRIED. END OF CONSENT CALENDAR PUBLIC HEARING ITEMS NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADOPTING ZONING CODE TEXT AMENDMENT PA AMENDING TITLE 15 OF THE ALISO VIEJO MUNICIPAL CODE TO ESTABLISH A VISUAL ART IN PUBLIC PLACES PROGRAM ; FINDINGS THAT THE PROPOSED ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT City Manager Dave Doyle gave an overview and Planning Director Albert Armijo presented the staff report and responded to questions about the advisory committee. Mayor Tsunoda opened the public hearing and the following persons spoke: 1) Heidi Stoops expressed opposition noting the City is already beautiful and pieces of art will not attract more people into the City. 2) Michele Harrington, expressed opposition, noting it is not necessary and instead bringing in good businesses into the Town Center will attract people to the City. 3) Scott White, expressed opposition, noting the City needs quality businesses not an arts program and requested to see the study that public art increases revenue. 4) Mike Balsamo, BIA Orange County Chapter, referenced their letter which was previously submitted expressing opposition, noting a mandate is not necessary and it is not good for the economy and impacts housing affordability. He also noted the business community should be brought early on into the process of City proposals that affect them. 5) Peter Woodfill, Boardmember, South Orange County Economic Coalition, also referenced their letter of opposition previously submitted to the City. He said they support incentive-based programs but would reject any option that assesses fees and noted a mandate of in lieu fees is not good. 6) Elizabeth Cobb, expressed support for an art program, noting Shea Properties incorporates art into their development, but noted making it mandatory brings issues. She suggested staff put more thought into the valuation piece, permit application, administration, allocation of fiscal fee, maintenance, and liability issues. 7) John Van Hogen, Orange County Realtor Association, expressed opposition noting it will add more complexity and difficulty for builders and suggested using the money going into this process for something more valuable to the City. 8) Dave Stefanides, noted the City should meet with all stakeholders in advance of the Page 4

5 meeting, he said the current process for public arts has been successful in the City and don t understand the reasons for establishing a program with qualifications, criteria, fees, etc. There were no more public comments and the public hearing was closed. Concerns and discussion ensued regarding the definition of art, current state of the city when it comes to public art, cumbersome nature of process, placement of art between private parties, removal of the advisory committee, clarification of the intent of the program and broadening perspective, strengthening and maintaining existing architectural elements, consideration of a sub-committee to work on the issues, definition of an incentive-based program, purpose of the in lieu fee and guidelines, and the City s current process for reviewing major developments and improvements. Discussion also ensued about tabling the item versus taking action this evening, and the consideration of an ad hoc committee to review the issues. MOTION: COUNCILMEMBER MUNZING MOVED AND MAYOR PRO TEM PHILLIPS SECONDED TO DENY STAFF S RECOMMENDATIONS 1 AND 2 AS PRESENTED, WITH THE UNDERSTANDING THAT AT ANY GIVEN TIME THE COUNCIL CAN BRING BACK THE ITEM FOR CONSIDERATION OF AN ADHOC COMMITTEE TO ADDRESS THE ISSUES AT HAND AND THE CITY S OVERALL BEAUTIFICATION PROGRAM. A ROLL CALLVOTE WAS TAKEN AS FOLLOWS: YES: TSUNODA, PHILLIPS, MUNZING, CHUN NO: CAVE MOTION PASSED 4-1, COUNCILMEMBER CAVE DISSENTING. DISCUSSION ITEM NOS PROFESSIONAL SERVICES AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS FOR GRANT WRITING AND LOBBYIST SERVICES Director of Administrative Services presented the staff report and introduced Cori Williams, Townsend Senior Associate, who gave an update of the year s activities. Questions and discussion ensued regarding level of staff s utilization of Townsend s services, cost breakdown of services utilized by the City, promotion of transportation issues, construction of the Aliso Niguel High School pedestrian bridge, and e- cigarettes. Page 5

6 MOTION: COUNCILMEMBER CAVE MOVED AND MAYOR PRO TEM PHILLIPS SECONDED TO APPROVE SAID AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAME. MOTION UNANIMOUSLY CARRIED. 8. ANNUAL BUDGET DISCUSSION FOR FISCAL YEAR (FY)_ Director of Finance Gina Tharani presented the staff report and introduced representatives from HdL, the City s tax consultant, who will give oral presentations on sales and property taxes. There was a request from Council to include the City s Property Tax Chart in the next City Newsletter and post it on Facebook and other social media to make the residents aware and better understand how it is distribution and what portion of it the City gets. THERE WAS COUNCIL DIRECTION TO STAFF TO RE-AGENDIZE THE FY BUDGET PRIORITIES AND INITIATIVES ITEM ON APRIL 16, 2014 WITH A CLEAR INDICATION OF THE CURRENT WORK STATUS OF EACH INITIATIVE IN PERCENTAGES. Mayor Pro Tem Phillips noted it is important to give staff clear direction for tasks, initiatives, and projects because lack of it can lead to futility and ineffectiveness. COMMUNITY INPUT The following persons spoke to support a Smoke-Free Living ordinance for multi-family units and requested the Council to place it on the agenda as soon as possible: 1. Choon Lee, Executive Director, Smoke-Free Living, also noted it is an important issue regarding health, nuisance, cost, and impacts of the quality of life and families. 2. Jodie Feinberg, founder of Smoke Free Living. 3. Marlena Lewis 4. Peggy Nuevo, had to leave the meeting and requested Ms. Feinberg to speak on her behalf. 5. Dirk Hiemstra 6. Domenic Sciarra 7. Stacy Alynn CITY MANAGER S REPORT City Manager Doyle provided an update regarding the OCFA Ambulance Contract noting Mr. Yasui and he both attended the Board of Supervisors Board hearing and said staff is working on the City comments for submittal to the State EMSA office. Page 6

7 ANNOUNCEMENTS/COUNCIL COMMENTS/COMMITTEE UPDATES Councilmember Munzing: Requested Mr. Choon Lee to provide a response in detail to all of the questions he submitted previously regarding the smoke free living item. Mayor Tsunoda suggested allowing the City Manager to handle the process of placing this item on a future agenda for Council consideration. Councilmember Munzing agreed. Councilmember Chun: Attended the TCA Strategic Planning Ad Hoc Committee Attended the Journey School Alumni Dinner Requested to see staff s original report regarding the smoke free living item that was agendized several months ago and withdrawn, and make it a part of the agenda item that will be coming back to Council for consideration. Councilmember Cave: Expressed concern about the water quality in the City after experiencing an unfavorable water quality test from a vendor, and is seeing sediment at the bottom of her water tank and her dog dish. She also noted many residences in her community are experiencing slab leaks and suggested staff invite the Moulton Niguel Water District to give a presentation to Council regarding the water quality, causes for the hard water, and the reason for the sediment residue. Councilmember Phillips: Echoed Councilmember Chun s request for a copy of staff s original report regarding the smoke free living agenda item. Mayor Tsunoda: Expressed thanks to all for attending the Mayor s event noting he will be conducting a Meet the Mayor event at several of the local schools. Wished belated happy birthday to Councilmember Cave Invited the public and staff to Umi Garrett s performance at Soka University on Sunday, April 6, ADJOURNMENT: The meeting adjourned at 9:45 p.m. to the regularly scheduled meeting of April 16, Respectfully submitted: Approved by: SUSAN A. RAMOS, CITY CLERK PHILLIP B. TSUNODA, MAYOR Page 7