1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, JANUARY 19, 2022
7:00 PM REGULAR MEETING
City Hall
Council Chambers
12 Journey
Aliso Viejo, CA
Mayor Ross Chun
Mayor Pro Tem Richard W. Hurt
Councilmember Tiffany Ackley
Councilmember David C. Harrington
Councilmember Mike Munzing
SPECIAL NOTICE REGARDING COVID-19
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 16, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom, to allow for the City Council to attend City Council meetings telephonically and for the public to participate in the City Council meeting by electronic means.
Given the health risks associated with COVID-19, state and local officials are recommending measures to promote social distancing; therefore, the City of Aliso Viejo will not have the Council Chambers open to the public for this meeting. Members of the public may access the meeting live using any of the following sources:
• Cox Communications Channel 851
• AT&T U-Verse Channel 99
• Online at www.avcity.org
• Online at https://attendee.gotowebinar.com/register/7447245562998740493
Public comments may be submitted by calling (949) 425-2509 to leave a recorded message by 4:00 pm on the day of the meeting or via email to [email protected]. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature:
https://attendee.gotowebinar.com/register/7447245562998740493. Comments are limited t o three minutes each.
2 WELCOME to the City of Aliso Viejo City Council meeting.
It is the City’s intention to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425-2505 at least 48 hours prior to the meeting.
Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, A liso Viejo. Copies of the agenda are available in the lobby at City Hall preceding a regularly scheduled City Council meeting. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are presented to the City Council and are available for review in the City Clerk’s office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425-2505.
This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By participating in the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T UVerse Channel 99, and can be viewed on the internet at www.avcity.org.
DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ
CITY MANAGER CITY ATTORNEY CITY CLERK
PLEASE SILENCE ALL CELL PHONES AND OTHER
ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
1. SPECIAL PRESENTATIONS:
1.1. FEATURED BUSINESS OF THE MONTH - ALISO VIEJO CERTIFIED FARMERS' MARKET
Certificate of Recognition
1.2. MOULTON NIGUEL WATER DISTRICT PRESENTATION REGARDING DROUGHT &
DISTRICT UPDATES
1.3. RECOGNITION OF 2021 MAYOR TIFFANY ACKLEY
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3 3. COMMUNITY INPUT:
Members of the public wishing to address the City Council can submit public comments by calling (949) 425- 2509 to leave a recorded by 4:00 pm on the day of the meeting or via email to [email protected]. Written comments will be read into the record and recorded messages will be aired during the meeting. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature: https://attendee.gotowebinar.com/register/7447245562998740493 . Comments
are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed.
4. CONSENT CALENDAR:
All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar wi ll be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.
4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve 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.
4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.
Staff Report
Attachment 1 - Resolution No. 2021-27
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the December 1, 2021 Regular Meeting.
Draft Minutes - December 1, 2021 Regular Meeting
4.4. ACCOUNTS PAYABLE
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued November 23, 2021, in the amount of $358,685.11;
2. Ratify accounts payable checks and electronic funds transfers issued December 09, 2021, in the amount of $1,162,500.30; and
3. Ratify accounts payable checks and electronic funds transfers issued December 22, 2021, in the amount of $394,056.84.
Staff Report
Attachment 1 - Accounts Payable Report
4 4.5. TREASURER’S STATEMENT – OCTOBER 2021
Recommended Action: Approve October 2021 Treasurer’s Statement.
Staff Report
Attachment 1 - Oct'21 Treasurer's Report
4.6. ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)
Recommended Action: Receive and file the Annual Comprehensive Financial Report (ACFR) for the year ended June 30, 2021.
Staff Report
Attachment 1 - ACFR Report
4.7. RESOLUTION APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY OF THE PORTION OF REVENUE BONDS THE PROCEEDS OF WHICH ARE TO BE LOANED TO QCF/I, INC., A 501(c)(3) NONPROFIT HEALTHCARE
ORGANIZATION, AND USED TO ACQUIRE THE EXISTING FACILITY LOCATED AT 200 FREEDOM LANE, ALISO, VIEJO, CALIFORNIA; AND APPROVING CERTAIN
OTHER MATTERS RELATING THERETO
Recommended Action: Adopt a Resolution approving the issuance by the California Municipal Finance Authority of the portion of revenue bonds the proceeds of which are to be loaned to QCF/I, Inc., a 501(c)(3) nonprofit healthcare organization, and use d to acquire the existing facility located at 200 Freedom Lane, Aliso, Viejo, California; and approving certain other matters relating thereto.
Staff Report
Attachment 1 - Resolution
4.8. FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT & ASSOCIATES, INC. FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES Recommended Action: Approve and authorize the City Manager to execute a Fifth Amendment to the Professional Services Agreement with Kosmont & Associates, Inc. for economic development consultant services to increase the total compensation by an amount not to exceed $12,000 and extend the term of the agreement to June 30, 2022.
Staff Report
Attachment 1 - Agreement Amendment
Attachment 2 - Proposal
4.9. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTRATION FOR FY 2021-2022
Recommended Action: Approve and authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Mike Linares, Inc. for Community Development Block Program (CDBG) Program administration for FY 2021 -
22. Staff Report
Attachment 1 - Agreement Amendment
4.10. THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH BECKY
CAHA FOR AFFORDABLE HOUSING IMPLEMENTATION SERVICES
5 Recommended Action: Approve and authorize City Manager to execute a Third Amendment to the Professional Services Agreement with Becky Caha, independent contractor, to increase the amount of the existing agreement.
Staff Report
Attachment 1 - Agreement Amendment
Attachment 2 - Scope of Services
5. PUBLIC HEARINGS:
5.1. PLANNING APPLICATION PA21 -016 (SDP/AUP/EP) FOR A SITE DEVELOPMENT
PERMIT TO DEMOLISH AN EXISTING BUILDING AND CONSTRUCT A NEW RESTAURANT WITH A DRIVE -THRU; AN ADMINISTRATIVE USE PERMIT FOR OUTDOOR DINING; AND AN EXCEPTION PERMIT FOR A PARKING DEFICIENCY BELOW 15% AT 26641 ALISO CREEK ROAD
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15302 (Replacement or Reconstruction); and
3. Adopt a Resolution making findings under the California Environmental Quality Act and approving Planning Application PA21- 016 (SDP/AUP/EP) for a site development permit to demolish an existing building and construct a new restaurant with a drive - thru; an a dministrative use permit for outdoor dining; and an exception permit for a parking deficiency below 15% at 26641 Aliso Creek Road.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Project Description
Attachment 3 - Project Plans
Attachment 4 - CEQA Analysis
Attachment 5 - Traffic Circulation Analysis
Attachment 6 - Presentation
5.2. REQUEST TO APPROVE PLANNING APPLICATION PA21 -014 (SDP) FOR A SITE
DEVELOPMENT PERMIT TO ALLOW FOR EXTERIOR MODIFICATIONS TO THE
BUILDING AND PARKING LOT, INCLUDING REDESIGN OF THE PRIMARY BUILDING
ELEVATION, UPGRADES TO LANDSCAPING, AND ADJUSTMENTS TO THE PARKING LOT TO SATISFY ACCESSIBILITY REQUIREMENTS, AT 7 JOURNEY AND DETERMINATION THAT PROJECT IS CATEGORICALLY EXEMPT FROM CEQA.
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
3. Adopt a Resolution approving Planning Application PA21- 0174 (SDP) for a site development permit to allow for exterior modifi cations to the building and parking lot, including redesign of the primary building elevation, upgrades to landscaping, and adjustments to the parking lot to satisfy accessibility requirements, at 7 Journey.
6 Staff Report
Attachment 1 - Resolution
Attachment 2 - Project Description
Attachment 3 - Project Plans
Attachment 4 - Presentation
5.3. GENERAL PLAN AMENDMENT PA21-019 (GPA) - HOUSING ELEMENT Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption); and
3. Adopt a Resolution making findings under the California Environmental Quality Act and approving Planning Application PA21-019 (GPA) approving a general plan amendment to adopt the 2021-2029 Housing Element Update.
Staff Report
Attachment 1 - Resolution
Exhibit A - Housing Plan
Exhibit B - Community Profile
Exhibit C - HCD Comments and City Responses
Attachment 2 - Letter from HCD
Attachment 3 - Letters from the Public
Attachment 4 - City's Response to Public Comments
Attachment 5 - Presentation
6. DISCUSSION:
6.1. ACCEPTANCE OF DONATED SCULPTURE FROM ARTIST JON SEEMAN FOR
PLACEMENT AT ALISO VIEJO RANCH
Recommended Action:
1. Accept donation of sculpture from artist Jon Seeman for placement at Aliso Viejo Ranch; and
2. Appropriate funds from General Fund Reserves and authorize City Manager to approve expenditures not to exceed $2,000 for related installation costs.
Staff Report
Attachment 1 - Proposed Sculpture
6.2. RESOLUTION AMENDING CITY EMPLOYEE SALARY SCHEDULE TO MODIFY
EXISTING POSITION AND ADD NEW HUMAN RESOURCES ANALYST POSITION Recommended Action: Adopt a Resolution amending City employee salary schedule to modify existing position and add new Human Resources Analyst position.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Salary Schedule
Attachment 3 - HR Analyst Job Description
7 7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
Adjourn to February 16, 2022. The regularly scheduled City Council meeting of February 2, 2022 has been cancelled.