1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, APRIL 20, 2022
6:00 PM STUDY SESSION
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 mee tings 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/5063210786369783055
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/5063210786369783055. Comments are limited to three minutes each.
1 2
WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested ma tter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.
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, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All commu nications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also 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 attending 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 U -Verse 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 SPECIAL MEETING
STUDY SESSION:
BICYCLE TRACKS OVERVIEW
PowerPoint Presentation
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
1. SPECIAL PRESENTATIONS:
2 3
1.1. FEATURED BUSINESS OF THE MONTH - PACIFIC LIFE INSURANCE Certificate of Recognition
1.2. TRUSTED PARTNER RECOGNITIONS - CAPISTRANO UNIFIED SCHOOL DISTRICT
AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY
Certificate of Recognition - CUSD
Certificate of Recognition - Boys & Girls Club
1.3. PROCLAMATION - FAIR HOUSING MONTH
Proclamation
1.4. PROCLAMATION - DMV / DONATE LIFE MONTH
Proclamation
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
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/5063210786369783055 . 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 C ITY 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
3 4
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the March 2, 2022 Special Meeting and the March 2, 2022 Regular Meeting.
Draft Minutes - March 16, 2022 Special Meeting
Draft Minutes - March 16, 2022 Regular Meeting
4.4. ACCOUNTS PAYABLE
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued March 10, 2022, in the amount of $790,050.75;
2. Ratify accounts payable checks and electronic funds transfers issued March 17, 2022, in the amount of $354,268.22; and
3. Ratify accounts payable checks and electronic funds transfers issued March 31, 2022, in the amount of $398,414.80.
Staff Report
Attachment 1 - Accounts Payable Report
4.5. TREASURER’S STATEMENTS – JANUARY AND FEBRUARY 2022 Recommended Action: Approve January and February 2022 Treasurer’s Statements Staff Report
Attachment 1 - Jan'22 Treasurer's Report
Attachment 2 - Feb'22 Treasurer's Report
4.6. AWARD CONTRACT TO RJ NOBLE COMPANY, INC. FOR THE ALISO CREEK ROAD REHABILITATION PROJECT – WOLVERINE TO ALICIA PARKWAY
Recommended Action:
1. Approve Contract Documents, Specifications, and Plans for the Aliso Creek Road Rehabilitation Project – Wolverine to Alicia Parkway;
2. Award a contract in the amount of $1,423,585 to RJ Noble Company, Inc. as the lowest responsible bidder for the Aliso Creek Road Rehabilitation Project – Wolverine to Alicia Parkway;
3. Authorize the City Manager to execute a contract with RJ Noble Company, Inc.;
4. Authorize City staff to make total compensation to RJ Noble Company, Inc. up to $1,423,585 plus $142,358.50 (10% of the contract amount) to allow for contingencies, totaling $1,565,943.50; and
5. Declare this project categorically exempt from the California Environmental Quality Act (CEQA) process Per Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301 (Class 1: Existing Facilities).
Staff Report
Attachment 1 - Contract
Attachment 2 - Submitted Bid
5. PUBLIC HEARINGS:
5.1. ADOPTION OF AN URGENCY ORDINANCE AND INITIATION OF CODE AMENDMENT
TO ADD SECTIONS RELATED TO URBAN LOT SPLITS AND OUTDOOR DINING 4 5
Recommended Action:
1. Find that said actions are statutorily exempt from the California Environmental Quality Act (CEQA) under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), whereby the adoption of an ordinance by a city to implement the provisions of Government Code sections 66411.7 and 65852.21, regulating Urban Lot Splits and Two-Unit Projects, is statutorily exempt from the requirements of CEQA;
2. Adopt an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING SECTIONS 14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA; and
3. Introduce and give first reading to an Ordinance entitled: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING SECTIONS
14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND AMENDING SECTION 15.22.190 OUTDOOR DINING AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA.
Staff Report
Attachment 1 - Urgency Ordinance
Attachment 2 - Non-Urgency Ordinance
Attachment 3 - PowerPoint Presentation
6. DISCUSSION:
6.1. CONSIDERATION OF REIMBURSEMENT OF CITY FEES FOR TASTE OF ALISO
NIGUEL EVENT
Recommended Action: Discuss and provide direction to staff regarding reimbursement of the cost of City fees for Taste of Aliso Niguel event to Parents & Friends of Aliso Niguel High School (PFAN) in the amount of $509.53.
Staff Report
6.2. ORDINANCE AND CITY COUNCIL POLICY REGARDING AFFORDABLE HOUSING
UNIT DOCUMENTATION
Recommended Action:
1. Find that the Ordinance is not subject to the requirements of the California Environmental Quality Act for the following reasons:
a) The ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines because it has no potent ial for resulting in direct or indirect physical change in the environment.
b) The ordinance is exempt under Section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that this code amendment will have a significant effect on the environment;
2. Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING CHAPTER 3.18
TO THE ALISO VIEJO MUNICIPAL CODE REGARDING AFFORDABLE HOUSING
UNIT REPORTING AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; and
3. Adopt a City Council Policy regarding affordable housing unit documentation. 5 6
Staff Report
Attachment 1 - Ordinance
Attachment 2 - City Council Policy
6.3. ORDINANCE REGARDING TRANSIENT LODGING OCCUPANT REGISTRATION Recommended Action:
1. Find that the Ordinance is not subject to the requirements of the California Environmental Quality Act for the following reasons:
a) The Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines because it has no potent ial for resulting in direct or indirect physical change in the environment;
b) The Ordinance is exempt under Section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that the code amendments therein will have a significant effect on the environment; and
2. Introduce for first reading an Ordinance entitled: ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA AMENDING CHAPTERS
3.06 AND 15.18 OF THE ALISO VIEJO MUNICIPAL CODE REGARDING
TRANSIENT LODGING OCCUPANT REGISTRATION AND FINDING THE
ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Staff Report
Attachment 1 - Ordinance
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is May 4, 2022.
6 City of Aliso Viejo
Bicycle Tracks Presentation
Carlos A. Ortiz, PE,TE (CA), PTOE
Chief Operating Officer /
Consultant Project Manager
ADVANTEC Consulting Engineers, Inc.
April 20, 2022
7 Bicycle Facilities | Class I
▪ Offsite
▪ Shared with Pedestrians and NEVs
8 Bicycle Facilities | Class II
▪ Within Roadway Segments
▪ Striped Bicycle Facility (Typically 2 – 8 ft lane)
9 Bicycle Facilities | Class II
10 Bicycle Facilities | Class III
▪ Within Roadway Segments
▪ Bike Route
▪ Shared with Vehicles
▪ Sharrows
11 Bicycle Facilities | Class IV (Cycle Tracks)
▪ Within Roadway Segments
▪ 2-6 Ft Separate Buffer Area (with and w/o landscaping) ▪ One-Way or Two-Way Traffic
▪ Pedestrians/Bicyclists/NEV
▪ Typically 8-20 ft Lane and Shoulder
▪ Reduced Vehicle Lanes and/or Lane Widths
▪ Utility Relocation
▪ Drainage Impacts
▪ Traffic Signal Modifications
▪ Roadway Lighting Modifications
▪ Slope Maintenance Access
▪ Street Sweeping
12 Bicycle Facilities | Class IV (Cycle Tracks)
▪ Typical Along Collector and
Residential Roads
▪ Near Beach Communities
▪ Grid Roadway System
▪ Lower Speed Roadways
▪ Evaluate On-Street Parking
▪ Evaluate Driveways
▪ Evaluate Ridership
▪ Perform Line-Of-Sight Analysis
▪ Evaluate Maintenance & Cost
13 Bicycle Facilities | Class IV (Cycle Tracks)
▪ Connectivity to Other Bicycle Facilities
▪ Connectivity to Different Land Uses
▪ Connectivity to Multi-Modal Facilities
▪ Cannot be Located Within Caltrans Right-of-Way
14 ▪ Project Management
▪ Data Collection and Field Work
▪ Evaluate City’s Bicycle Facilities and Gaps
▪ Evaluate City’s Roadway Classification and
Posted Speeds
▪ Bicycle Counts (if needed)
▪ Evaluate a One-Way or Two-Way Cycle Track
▪ Initial Recommendation of Selected Corridors to
Further Evaluate Cycle Tracks/Class IV
Applications in the City
▪ Community Outreach Meetings
▪ Planning/City Council Meetings
City of Aliso Viejo: Cycle Track/Class IV Bicycle Facilities Assessment and Study – Phase I (Initial Phase)
15 ▪ Project Management
▪ Conceptual Design of Bicycle Facilities
▪ Review and Evaluate of Existing Geometrics (Vertical
and Horizontal)
▪ Review and Evaluate Existing Utilities near the
Curb/Gutter
▪ Review and Evaluate Line-of-Sight at
Driveways/Intersections
▪ Evaluate Vehicle Turning Analysis
▪ Evaluate Traffic Signal Upgrades
▪ Provide and Engineer’s Cost Analysis for selected
Corridor(s)
▪ Evaluate Pilot Project and Location
▪ Community Outreach Meetings
▪ Planning/City Council Meetings
City of Aliso Viejo: Cycle Track/Class IV Bicycle Facilities Assessment and Study – Phase II (Intermediate Phase)
16 City of Aliso Viejo: Cycle Track/Class IV Bicycle Facilities Assessment and Study – Phase II (Intermediate Phase)
▪ Review and Evaluate Line-of-Sight at
Driveways/Intersections
17 ▪ Project Management
▪ Evaluate Drainage Facilities with Recommended Design
▪ Evaluate Median Treatments if a Raised Median is Recommended ▪ Evaluate Maintenance & Cost
▪ Benefit-Cost Analysis
▪ Final Recommendations
▪ Evaluate Funding Opportunities
▪ Community Outreach Meetings
▪ Planning/City Council Meetings
▪ Develop City’s Standards for Bicycle Facilities
City of Aliso Viejo: Cycle Track/Class IV Bicycle Facilities Assessment and Study – Phase III (Final Phase)
18 City of Aliso Viejo: Cycle Track/Class IV Bicycle Facilities Assessment and Study – Phase III (Final Phase)
Alternative Solutions
Armadillo Raised Markers
PCC Curb
Striping
Treatment
Stamped
Pavement
Treatment
▪ Buffer Treatment Best Practices
19 City of Aliso Viejo: Cycle Track/Class IV Bicycle Facilities Assessment and Study – Phase III (Final Phase)
▪ Buffer Treatment Best Practices
Landscaped
Areas
Drainage Openings
Drainage Inlet
20 City of Aliso Viejo: Cycle Track/Class IV Bicycle Facilities Assessment and Study – Phase III (Final Phase)
▪ Cycle Tracks Treatment Best Practices
21 City of Aliso Viejo: Cycle Track/Class IV Bicycle Facilities Assessment and Study – Phase III (Final Phase)
▪ Buffer Intersection Treatment Best
Practices
22 Certificate of Recognition
Presented to
Pacific Life
Aliso Viejo
Business of the Month
April 2022
Presented this 20th day of April, 2022
Ross Chun, Mayor
23 Certificate of Recognition
Presented to
CAPISTRANO UNIFIED
SCHOOL DISTRICT
Trusted Partner Supporting the
City of Aliso Viejo
April 2022
Presented this 20th day of April, 2022
Ross Chun, Mayor
24 Certificate of Recognition
Presented to
BOYS & GIRLS CLUBS OF
CAPISTRANO VALLEY
Trusted Partner Supporting the
City of Aliso Viejo
April 2022
Presented this 20th day of April, 2022
Ross Chun, Mayor
25 Proclamation
Fair Housing Month
April 2022
WHEREAS, one of the greatest freedoms enjoyed by Americans is the freedom to live in a home of one's choice; and
WHEREAS, this promise is made to us by the Nation's Fair Housing Law which requires that all people be treate d equally in connection with sale or rental of housing, regardless of race, color, national origin, sex, gender identity, disability, sexual orientation, marital status, age, familial status or religion; and
WHEREAS, this year marks the 54th anniversary of the Federal Fair Housing Act, the original legislation targeting the elimination of housing discrimination in America; and
WHEREAS, since the adoption of the fair housing legislation in April 1968, April has been designated Fair Housing Month; and
WHEREAS, each year the U.S. Department of Housing and Urban Development and the Fair Housing Foundation organize events and activities during this month to focus attention on the issue of equal opportunity in housing; and
WHEREAS, April is Fair Housing M onth throughout the nation and we are asking each resident of the City of Aliso Viejo to support efforts to put into practice the principles of freedom, justice and equality upon which this great nation was founded;
NOW, THEREFORE, BE IT RESOLVED, that the Aliso Viejo City Council does hereby proclaim April 2022 as Fair Housing Month in the City of Aliso Viejo.
Dated this 20th day of April, 2022
___________________________
Ross Chun, Mayor
26 Proclamation
DMV/Donate Life Month – April 2022
WHEREAS, organ, eye, tis sue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and
WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average, 17 people die each day while waiting; and
WHEREAS, the need for donated organs is especially urgent in Hispanic, Latino, and African American communities; and
WHEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; and
WHEREAS, donation of tissue can save and heal the lives of more than 75 others; and
WHEREAS, organ donors saved more than 40,000 lives last year the most ever; and
WHEREAS, any person can register to be an or gan, eye and tissue donor regardless of age or medical conditions; and
WHEREAS, being a registered donor does not impact the quality of life-saving medical care a person receives in an emergency.
NOW, THEREFORE BE IT RESOLVED , that the Aliso Viejo City Council does hereby proclaim the month of April 2022 as DMV/Donate Life Month in the Cit y of Aliso Viejo and encourages residents to check “YES!” online, or when applying for or renewing their driver’s license or I.D. card at the DMV.
Dated this 20th day of April, 2022
___________________________
Ross Chun, Mayor
27 City of Aliso Viejo
AGENDA ITEM
DATE: April 20, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: 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.
Fiscal Impact:
None.
Background:
Assembly Bill 361 (“AB 361”), effective October 1, 2021, waives certain provisions of the Ralph M. Brown Act and allows legislative bodies to meet virtually until January 1, 2024, provided there is a state of emergency and either:
1. state or local officials have imposed or recommended measures to promote social distancing; or
2. the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.
Under AB 361, the City is not required to allow public access at teleconference locations; however, the City must provide access to meetings via a call-in option or internet-based service option so that members of the public may address the City Council in real time.
Additionally, every 30 days the City Council must reconsider the state of emergency and make the determination to continue meeting virtually in accordance with AB 361.
Discussion:
On October 20, 2021, the City Council adopted Resolution No. 2021-27 authorizing virtual City Council meetings under AB 361, having found and determined that (1) a state of emergency related to COVID-19 is currently in effect; (2) state and local officials have 28
recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. At subsequent meetings, the City Council has reconfirmed the findings and extended the resolution pursuant to AB 361.
Staff will agendize this matter for consideration at each City Council meeting until such time as the state of emergency has been terminated or the City Council determines that conditions no longer exist to prevent meeting safely in person.
Staff recommends that the City Council reconfirm the findings in Resolution No. 2021-27 continue to exist and approve the extension of the resolution.
Attachment:
1. Resolution No. 2021-27
29
RESOLUTION NO. 2021-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AUTHORIZING VIRTUAL CITY COUNCIL
MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the Aliso Viejo City Council (“Council”) is committed to preserving and nurturing public access and participation in meetings of the Council; and
WHEREAS, with the exception of closed sessions, all meetings of the Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend and participate in the Council’s meetings; and
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor issued a number of executive orders aimed at containing the COVID-19 virus; and
WHEREAS, among other things, these orders wa ived certain requirements of the Brown Act to allow legislative bodies to meet virtually; and
WHEREAS, pursuant to the Governor’s executive orders, the Council has been holding virtual meetings during the pandemic in the interest of protecting the health and safety of the public, staff, and Councilmembers; and
WHEREAS, the Governor’s executive order related to the suspension of certain provisions of the Brown Act expires on September 30, 2021; and
WHEREAS, on September 16, 2021 the Governor signed Assembly Bill 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by ma jority vote that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in Orange County, specifically, a state of emergency has been proclaimed related to COVID-19, state and local officials are recommending measures to promote social distancing, and because of the ongoing threat of COVID-19, meeting in person would present imminent risks to the health and safety of attendees;
NOW, THEREFORE, BE IT RESOLVED BY THE ALISO VIEJO CITY COUNCIL AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. 30
Section 2. Remote Teleconference Meetings. Consistent with the provisions of Government Code Section 54953(e), the Council finds and determines that (1) a state ofemergency related to COVID-19 is currently in effect; (2) state and local officials have recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings and determinations, the Council authorizes staff to conduct remote teleconference meetings of the Council under the provisions of Government Code Section 54953(e).
Section 3. Effective Date of Resolution. This Resolution shall take effect upon adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Council in accordance with Section 4 of this Resolution.
Section 4. Extension by Motion. The Council may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3).
PASSED, APPROVED AND ADOPTED this 20th day of October, 2021.
Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:
Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
Mitzziiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Ortiz,z,z,z,,z,z,z,z,,zz,zz,,,z,,z,,zz,,z,zz,,zz,z,zzzzz,z,,z,zzzz,,,zz,,,z,z,, MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMC City Clerk
31
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No. 2021-27 was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of October 2021, by the following roll call vote, to wit:
AYES: Mayor Ackley, Mayor Pro Tem Chun, Councilmembers Harrington, Hurt and Munzing
NOES: None
ABSENT: None
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
MITZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZI ORTITITITITTITITTITITITITIITIITITITTITITITTITTITITITITTTITTITITITITTITITTTTTTITITITTTTITIITITITITITTTITITITTTITITITITTTTTITITTTTTTITTITTIITITTTITIITITITTIITTTITIITIITIIITTIITTITITIITTTTTTTITTTTTTTITITTTTTTTITTTTTTTTTTTTTTTTTTTTTTTTT ZZZ,ZZZZZZZZZZZZZZZZZZZZZ MMC
CITY CLERK
32
Special Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
SPECIAL MEETING
March 16, 2022, 6:00 P.M.
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.
CALL TO ORDER: Mayor Chun called the Special Meeting of the City Council of the City of Aliso Viejo to order 6:00 p.m.
ROLL CALL:
PRESENT: MAYOR ROSS CHUN (via teleconference)
MAYOR PRO TEM RICHARD HURT (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER DAVID C. HARRINGTON (via teleconference)
COUNCILMEMBER MIKE MUNZING (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY
PUBLIC COMMENTS:
None.
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Cases: 1
Case Name: Christopher Nils Connolly v. City of Aliso Viejo, et al.
Case Number: 2022-01243882-CU-BT-CXC
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of potential cases: 1
33
Special Meeting Minutes
REPORT FROM CLOSED SESSION:
City Attorney Scott Smith stated no reportable action was taken.
ADJOURNMENT: Mayor Chun adjourned the meeting at 6:57 p.m. to the March 16, 2022 Regular City Council Meeting.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC ROSS CHUN
CITY CLERK MAYOR
34
Regular Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
REGULAR MEETING
March 16, 2022, 7:00 P.M.
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.
CALL TO ORDER: Mayor Chun called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:05 p.m.
ROLL CALL:
PRESENT: MAYOR ROSS CHUN (via teleconference)
MAYOR PRO TEM RICHARD HURT (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER DAVID C. HARRINGTON (via teleconference)
COUNCILMEMBER MIKE MUNZING (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY
MITZI ORTIZ, CITY CLERK
SHAUN PELLETIER, PUBLIC WORKS DIRECTOR
OMAR DADABHOY, COMMUNITY DEVELOPMENT DIRECTOR
STEPHANIE PHILLIPS, RECREATION & COMMUNITY SERVICES
DIRECTOR
ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
SHERYL MARIANO, ACCOUNTING SUPERVISOR
CAPT. SCOTT MERRILL, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Councilmember Hurt led the pledge of allegiance.
REPORT FROM CLOSED SESSION:
City Attorney Scott Smith stated there was no reportable action. Please refer to the March 16, 2022 Special Meeting Minutes.
1. SPECIAL PRESENTATIONS:
35
Regular Meeting Minutes
1.1. FEATURED BUSINESS OF THE MONTH – NORTH STAR IMAGING Mayor Chun introduced the video and presented the certificate of recognition to Business Unit Manager David Nokk. Mr. Nokk expressed his appreciation.
1.2. RECOGNITION OF PROFESSOR JUDY WU FOR WOMEN ’S HISTORY MONTH
PRESENTATIONS TO ALISO VIEJO STUDENTS
This matter was heard following Discussion Item 6.1.
1.3. INTRODUCTION OF CHIEF OF POLICE SERVICES CAPTAIN SCOTT MERRILL AND
ADMINISTRATIVE SERGEANT CHAD PHILLIPS
Mayor Chun introduced City Manager David Doyle who welcomed Chief of Police Services Captain Scott Merrill and Administrative Sergeant Chad Phillips.
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
None.
3. COMMUNITY INPUT:
1. Marlene Lewis requested changes to reporting procedures to barking dogs.
4. CONSENT CALENDAR:
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Motion: Councilmember Hurt moved and Councilmember Ackley seconded to approve the recommended actions. Motion carried 5-0.
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
City Manager David Doyle provided an overview.
Recommended Action: Move to reconfirm findings under Assembly bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings. 36
Regular Meeting Minutes
Motion: Mayor Chun moved and Mayor Pro Tem Hurt seconded to approve the recommended action. Motion carried 5-0.
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the minutes as submitted for the March 2, 2022 Special Meeting and the March 2, 2022 Regular Meeting.
4.4. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued March 3, 2022, in the amount of $219,250.75.
4.5. GENERAL PLAN ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2021 Recommended Action:
1. Find that the action is not a project as defined by the California Environmental Quality Act pursuant to State CEQA Guidelines section 15378(b)(5);
2. Receive and file the 2021 General Plan Annual Progress Report (APR); and
3. Direct staff to submit the APR to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).
4.6. NAMING OF PRIVATE STREET
City Manager David Doyle responded to questions regarding stakeholder consent.
Recommended Action: Approve a request to name a new private street Glaukos Way.
Motion: Mayor Pro Tem Hurt moved and Councilmember Munzingseconded to approve the recommended action. Motion carried 5-0.
5. PUBLIC HEARINGS:
None.
6. DISCUSSION:
6.1. MID-YEAR BUDGET UPDATE
City Manager David Doyle introduced Accounting Supervisor Sheryl Mariano, who provided an overview. Staff responded to questions regardingrevenue sources, unfunded pension liability, proposed projects, grant funding opportunities, Aliso Viejo Town Center, and Aliso Viejo Ranch sponsorships. Councilmembers commented on the matter. 37
Regular Meeting Minutes
Recommended Action: Adopt the recommended Mid-Year Budget for Fiscal Year 2021-
22. Motion: Councilmember Munzing moved and Mayor Pro Tem Hurt seconded to approve the recommended action. Motion carried 5-0.
1. SPECIAL PRESENTATIONS CONTINUED:
1.2. RECOGNITION OF PROFESSOR JUDY WU FOR WOMEN’S HISTORY MONTH
PRESENTATIONS TO ALISO VIEJO STUDENTS
Mayor Chun presented the certificate of recognition to Professor Judy Wu. Professor Wu expressed her appreciation.
7. CITY MANAGER' S REPORT:
City Manager David Doyle expressed appreciation to Recreation & Community Services Director Stephanie Phillips for her years of service; announced spring Recreation Class and Summer Camp registration; and Movie Night to be held at 6:00 p.m. on March 25, 2022 at Aliso Viejo Middle School.
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
Councilmember Ackley:
Commented on upcoming 4th of July celebration
Councilmember Harrington:
Expressed appreciation to Recreation & Community Services Director Stephanie Phillips
Obtained Council consensus to consider fee waiver for Taste of Aliso Niguel event Councilmember Munzing:
Expressed appreciation to Recreation & Community Services Director Stephanie Phillips
Attended Aliso Viejo Chamber of Commerce Networking Breakfast Attended retirement luncheon for Captain Kajfasz and Sergeant Gardner Mayor Pro Tem Hurt:
Attended TCA Board of Directors Meeting
Expressed birthday wishes to Councilmember Munzing
Mayor Chun:
Expressed birthday wishes to Councilmember Munzing
Attended Aliso Viejo Chamber of Commerce Networking Breakfast Attended retirement luncheon for Captain Kajfasz and Sergeant Gardner 38
Regular Meeting Minutes
9. ADJOURNMENT: Mayor Chun adjourned the meeting at 8:20 p.m. to the regularly scheduled meeting of April 6, 2022.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC ROSS CHUN
CITY CLERK MAYOR
39 City of Aliso Viejo
AGENDA ITEM
D
ATE:
TO
:
FROM:
April 20, 2022
Mayor and City Council
Sheryl Mariano, Accounting Supervisor
SU
BJECT: ACCOUNTS PAYABLE
Recommended Actions:
1. Ratify accounts payable chec ks and electronic funds transfers issued M arch 10, 2022, in the amount of $790,050.75;
2. Ratify accounts payable chec ks and electronic funds transfers issued March 17, 2022, in the amount of $354,268.22; and
3. Ratify accounts payable checks and electronic funds transfers issued March 31, 2022, in the amount of $398,414.80.
Fiscal Impact:
E
xpenditures in the amount of $1,542,733.77.
Background:
The City issues accounts payable checks on bi-weekly basis and presents it to City Council
for ratification at its next regularly scheduled City Council meeting.
Discussion:
The attached register containing checks and electronic funds transfers dated March 10 , 2022, through March 31, 202 2, for $ 1,542,733.77 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures.
Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable chec ks and electronic funds transfers have been audited and deemed accurate by the A ccounting Supervisor.
Attachment:
1. Accounts Payable Report
40 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
LAW ENFORCEMENT-CONTRACT
MAR'22 CONTRACT PAYMENT CREDITCOUNTY OF ORANGE (1,980.08) MAR'22 LAW ENFORCEMENTCOUNTY OF ORANGE 782,783.60
LAW ENFORCEMENT-CONTRACT TOTAL: 780,803.52
GENERAL FUND TOTAL: 780,803.52
215 - PUBLIC SAFETY GRANTS
LAW ENFORCEMENT-OTHER
MAR'22 MOTORCYCLE REPLACEMENT COSTSCOUNTY OF ORANGE 64.60 MAR'22 E CITATION REPLACEMENT COSTSCOUNTY OF ORANGE 183.56 MAR'22 E CITATION RECURRING COSTSCOUNTY OF ORANGE 384.97 MAR'22 PVS REPLACEMENTCOUNTY OF ORANGE 1,136.46
MAR'22 MDC REPLACEMENTCOUNTY OF ORANGE 1,627.11
MAR'22 PVS RECURRINGCOUNTY OF ORANGE 1,838.97
MAR'22 MDC RECURRINGCOUNTY OF ORANGE 4,011.56
LAW ENFORCEMENT-OTHER TOTAL: 9,247.23
PUBLIC SAFETY GRANTS TOTAL: 9,247.23
GRAND TOTAL: 790,050.75
03/10/2022
41 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
REF0011510024-1/6 PUBLIC NOTICE PA21-016/AMYSCALIFORNIA NEWSPAPERS PARTNERSHIP 475.00 REF0011510030-1/6 PUBLIC NOTICE PA21-014/WEBBSCALIFORNIA NEWSPAPERS PARTNERSHIP 485.00 APR'22 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,199.82 APR'22 CALPERS HEALTH PREMIUMCALPERS HEALTH 25,920.05
APR'22-COUNCIL-CALPERS HEALTH PREMIUMCALPERS HEALTH 3,247.69 8/26/22 MOVIE NIGHT SCREEN- ENCANTOSCOTT WAYNE BAKER 1,750.00 JAN'22 PA21-016/AMY'S LANDSCAPE SERVICERJM DESIGN GROUP INC 465.00 NOV'21 BBK-FENNEL-SPECIAL PROJBEST BEST & KRIEGER 947.50 DEC'21 BBK -PA21-025/FENNEL RESTAURANTBEST BEST & KRIEGER 124.50 DEC'21 BBK-PA18-034/COMPASS BIBLEBEST BEST & KRIEGER 83.00 DEC'21 BBK-PA21-025/FENNEL RESTAURANTBEST BEST & KRIEGER 788.50 JAN'22 BBK-PA18-034/COMPASS BIBLEBEST BEST & KRIEGER 1,120.50 JAN'22 BBK-PA21-0104/WEBBBEST BEST & KRIEGER 332.00
JAN'22 BBK -PA21-016/AMY'S DRIVE-THRUBEST BEST & KRIEGER 415.00 JAN'22 BBK-PA21-025/FENNEL RESTAURANTBEST BEST & KRIEGER 290.50 APR'22 DENTAL INSURANCECHOICE BUILDER 2,336.22
MAR'22-DG ADJ DENTAL INSURANCECHOICE BUILDER (151.96)
MAR'22-DG ADJ VISION INSURANCECHOICE BUILDER (20.47)
APR'22 VISION INSURANCECHOICE BUILDER 353.01
OCT-DEC'21 SEISMIC MAPPING FEESDEPT OF CONSERVATION 710.84 OCT-DEC'21 CASP FEESDIVISION OF THE STATE ARCHITECT 98.00 OCT-DEC'21 CA BLDG STANDARD ADMIN FEESCA BUILDING STANDARDS COMMISSION 336.60 P#21-1789 REFUND-ROVICS CONT/138 CAPE VICTORIAROVICS CONSTRUCTION INC 500.00 P#21-1600-REFUND-TITAN CONT/27066 LA PAZTITAN NORTH AMERICA INC 750.00 P#21-1562-C&D REFUND-PACIFIC TUSK/95 ENTERPRISEPACIFIC TUSK BUILDERS 500.00 43,056.30
CITY MANAGER
DD-CM FASTRACK/TOLL ROADS MONTHLY CHARGESUS BANK PURCHASING CARD PROGRAM 335.00 DD-2/1-2/3 LCC CM CONF-HOTELUS BANK PURCHASING CARD PROGRAM 739.76 DD- 2/1 LCC CM CONF-DINNERUS BANK PURCHASING CARD PROGRAM 265.05 DD-2/3 LCC CM CONF- HERTZ CAR RENTALUS BANK PURCHASING CARD PROGRAM 285.28 DD-2/2 LCC CM CONF-BREAKFASTUS BANK PURCHASING CARD PROGRAM 26.58 DD-2/3 LCC CM CONF-AIRFAREUS BANK PURCHASING CARD PROGRAM 108.99 DD-2/9 ACE PARKING-MTG W/PATRICK COX/VALUEROCKUS BANK PURCHASING CARD PROGRAM 13.50 LL-CC-FY21-22 3CMA MEMBERSHIP DUESUS BANK PURCHASING CARD PROGRAM 400.00 LL -CC FY21-22 CAPIO MEMBERSHIP DUESUS BANK PURCHASING CARD PROGRAM 275.00 APR'22-PG-HEALTH PREMIUMCALPERS HEALTH 149.00
CM-OFFICE SUPPLIESSTAPLES ADVANTAGE 45.37
DD-FY21-22 MMASC MEMBERSHIP RENEWALMMASC 90.00
CITY MANAGER TOTAL: 2,733.53
ECONOMIC DEVELOPMENT
OCT'21 ECONOMIC DEVELOPMENT SERVICESKOSMONT & ASSOCIATES 1,076.40 NOV'22 ECONOMIC DEVELOPMENT SERVICESKOSMONT & ASSOCIATES 2,090.40 DEC'21 ECONOMIC DEVELOPMENT SERVICESKOSMONT & ASSOCIATES 1,645.80 FEB'22 BUSINESS OF THE MONTH-SALON PLATINUMERIC WINTER 679.80 ECONOMIC DEVELOPMENT TOTAL: 5,492.40
HUMAN RESOURCES
POLICE SERVICES PLAQUE FOR C.KAJFASZ & B.GARDNERJ&M TROPHIES INC 361.46 1/6 PCR TEST & 1/26 EMPLOYEE EXAMSOUTH COAST MEDICAL GROUP 395.00 HUMAN RESOURCES TOTAL: 756.46
CITY CLERK
REF0011510037-1/6 PN HE UPDATE PUBLIC NOTICECALIFORNIA NEWSPAPERS PARTNERSHIP 525.00 LL-FEB'22-MAR'23 IIMC MEMBERSHIP RENEWALINTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS 115.00 CITY CLERK TOTAL: 640.00
03/17/2022
42 Description (Item)Vendor Name Amount
CITY ATTORNEY
OCT'21 BBK-COMMUNITY PSYCHIATRY-SP PROJ (NO DEP)BEST BEST & KRIEGER 451.50 NOV'21 BBK-COMMUNITY PSYCHIATRY-SP PROJ (NO DEP)BEST BEST & KRIEGER 520.00 DEC'21 BBK-MELIORA PHARMACY-SP PROJ (NO DEP)BEST BEST & KRIEGER 622.50 JAN'22 BBK LEGAL SERVICESBEST BEST & KRIEGER 21,265.00
JAN'22 BBK CODE ENFORCEMENTBEST BEST & KRIEGER 914.00
JAN'22 BBK LABOR & EMPLOYMENTBEST BEST & KRIEGER 1,430.40 JAN'22 BBK - LABOR/BENEFITSBEST BEST & KRIEGER 357.60
JAN'22 BBK - ZONING CODE (CEQA & ENVIRON)BEST BEST & KRIEGER 3,844.20 JAN'22 BBK - GENERAL LITIGATIONBEST BEST & KRIEGER 280.80 CITY ATTORNEY TOTAL: 29,686.00
FINANCE
SM-2/15-2/18 CSMFO CONFERENCE-HOTELUS BANK PURCHASING CARD PROGRAM 365.13 APR'22 CALPERS ADMIN FEEPRCALPERS HEALTH 69.03
APR'22 CALPERS ADMIN FEECALPERS HEALTH 8.12
MAR'22-CH-CASH COURIER SERVICEGARDAWORLD 428.20
FIN-OFFICE SUPPLIESSTAPLES ADVANTAGE 113.13
APR'22 ADMIN FEECHOICE BUILDER 35.00
JAN-MAR'22 SALES TAX RECOVERY SERVICEHINDERLITER DE LLAMAS & ASSOCIATES 176.37 JAN-MAR'22 SALES TAX CONTRACT SERVICEHINDERLITER DE LLAMAS & ASSOCIATES 1,527.98 FINANCE TOTAL: 2,722.96
INFORMATION TECHNOLOGY
2/19-3/18/22 ACCT #9302-CH-IT SERVER ROOMCOX COMMUNICATIONS, INC 85.39 IA - EOC YOUTUBE SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 64.99 IA-JAN-DEC'22 BLUEBEAM DIGITAL PLAN CHECKING SOFTWUS BANK PURCHASING CARD PROGRAM 1,950.00 IA - PATCH CABLES-AMAZONUS BANK PURCHASING CARD PROGRAM 96.85 IA-FEB'22-WAITWHILE SUB-FRONT COUNTERUS BANK PURCHASING CARD PROGRAM 159.00 FEB'22 NETWORK SUPPORT & SECURITY ENGINEERNATHAN M KEETER 416.67 2/22-3/21/22-CH-ELEVATORAT&T 1,236.20
1/19/21-2/18/22-CH-AT&T-FIBER-INTERNETAT&T 1,105.52
MAR'22 OFFSITE BACKUP STORAGE SERVICE-ZERTOLUNAVI, INC 1,088.78 INFORMATION TECHNOLOGY TOTAL: 6,203.40
NON-DEPARTMENTAL
MAR'22 RECORDS OFF SITE STORAGECERTIFIED RECORDS MANAGEMENT 426.55 LL-1/31 AV COSTCO MEMBERSHIP RENEWAL #8994US BANK PURCHASING CARD PROGRAM 120.00 LL-2/16 CC DINNER-BEYOND THAI CUISINEUS BANK PURCHASING CARD PROGRAM 75.73 SP-VEHICLE REMOTE BATTERIES-CVS PHARMACYUS BANK PURCHASING CARD PROGRAM 14.63 3/12-4/11/22 RICOH C5200S LEASERICOH USA 729.92
FEB'22-CH-COFFEE/WATER FILTRATIONNESTLE WATERS NORTH AMERICA 45.23 3/3 CH-BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 80.85 RC/RH/TA/JS-BUSINESS CARDSIPROMOTEU.COM INC 180.80
P.CANTONWINE - BUSINESS CARDSIPROMOTEU.COM INC 45.20
R.BRUNELL & S.WILSON - BUSINESS CARDSIPROMOTEU.COM INC 90.40 FEB'22 -VP-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 141.01 MAR'22 -VP-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 107.71 FY 21-22 ASCAP LICENSING FEEASCAP 400.25
MAR'22-CH-FIRST AID MAINTENANCECINTAS CORPORATION NO. 2 199.23 CC-3/7 MM COUNCIL MEMBER MAIL-FEDEXFEDERAL EXPRESS 9.80 CEN-COPY & BREAK ROOM SUPPLIESSTAPLES ADVANTAGE 390.89
FEB'22 CITY CAR FUELVOYAGER FLEET SYSTEMS INC 242.82
QUADIENT POSTAGE THROUGH 2/28/22QUADIENT FINANCE USA, INC 552.04 APR'22 RENTAL STORAGE UNIT #519ALISO VIEJO SELF STORAGE 330.00 NON-DEPARTMENTAL TOTAL: 4,183.06
C. S. ADMINISTRATION
APR'22-DP-HEALTH PREMIUMCALPERS HEALTH 149.00
APR'22-HW-HEALTH PREMIUMCALPERS HEALTH 149.00
REM BAL-AVMS MOVIE EVENT SERVICESCOTT WAYNE BAKER 875.00 SMP FEB'22-41 TRIPS-TRANSPORTATION SRVCABCO YELLOW INC 123.00 C. S. ADMINISTRATION TOTAL: 1,296.00
IGLESIA PARK
FEB'22 IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 684.74 IGLESIA PARK TOTAL: 684.74
43 Description (Item)Vendor Name Amount
IGLESIA BUILDING
FEB'22-IPCC-18 VISITS PATROL SERVICETMR SECURITY & PATROL SERVICES INC 190.00 MAR'22 IPCC-PEST CONTROL SERVICECTJAMJT CORP. 95.00
MAR'22 IPCC FLAG POLE WELDING REPAIRPELTEK, INC 300.00
MAR'22-IPCC-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 179.73 2/23 IPCC-QTRLY HVAC MAINTENANCEHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 182.85 IGLESIA BUILDING TOTAL: 947.58
IGLESIA PARK COMMUNITY CENTER
FEB'22 B&G CAPO- ELEMENTARY & TEEN KEYSTONE PROGBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 13,125.00 JAN'22 B&G CAPO- ELEMENTARY & TEEN KEYSTONE PROGBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 13,125.00 IGLESIA PARK COMMUNITY CENTER TOTAL: 26,250.00
PLANNING
APR'22-MF-HEALTH PREMIUMCALPERS HEALTH 149.00
FEB'22 AFFORDABLE HOUSING CONSULTANT SERVICESREBECCA J CAHA 1,031.25 OD-FY21-22 CALED MEMBERSHIP DUESCALIFORNIA ASSOCIATION FOR LOCAL ECONOMIC DEVELOPEM… 570.00 JL-FY21-22 CALED MEMBERSHIP DUESCALIFORNIA ASSOCIATION FOR LOCAL ECONOMIC DEVELOPEM… 100.00 JUL-DEC'21 HOUSING ELEMENT PROFESSIONAL SRVJHD PLANNING LLC 2,210.00 PLANNING TOTAL: 4,060.25
BUILDING
BLDG-OFFICE SUPPLIESSTAPLES ADVANTAGE 58.24
BUILDING TOTAL: 58.24
ENGINEERING (GENERAL)
MAR'22 PUBLIC WORKS WAREHOUSE LEASEPV MAINTENANCE INC 1,035.00 SP-QL-ENGINEERS LICENSE RENEWALUS BANK PURCHASING CARD PROGRAM 180.00 FEB'22 ON CALL LANDSCAPE & ARCHITECTURAL SERVICESRICHARD FISHER ASSOCIATES 3,678.25 JUL-DEC'21 #105 J01P28 URBAN OUTFALL AGRMNTCOUNTY OF ORANGE 18,347.53 ENGINEERING (GENERAL) TOTAL: 23,240.78
STREET MAINTENANCE
FEB'22 STREET MAINTENANCE (45%)PV MAINTENANCE INC 27,823.45 STREET MAINTENANCE TOTAL: 27,823.45
LAW ENFORCEMENT-OTHER
LE-AV CITY TILES FOR STG B.GALICIA &J.GAGENJ&M TROPHIES INC 34.48 LE-NAME BADGE FOR DEPUTY DAN LEEJ&M TROPHIES INC 10.51
FEB'22 MOTORCYCLE FUEL & CAR WASHESVOYAGER FLEET SYSTEMS INC 637.90 LE-SGT.GARDNER ALUMINUM SIGN BOARDVIGICABI INC 132.00
LAW ENFORCEMENT-OTHER TOTAL: 814.89
GENERAL FUND TOTAL: 180,650.04
102 - GEN. FD-CITY HALL
NON-DEPARTMENTAL
APR-JUN'22-CH-FIRE ALARM MONITORINGJMG SECURITY SYSTEMS INC 339.12 APR-JUN'22-CH-FIRE ALARM MONITORINGJMG SECURITY SYSTEMS INC 176.91 2/3-3/7/22 MTR#6544 CITY HALL GAS SERVICETHE GAS COMPANY 722.41 MAR'22 CH-PEST CONTROL SERVICECTJAMJT CORP. 100.00
FEB'22-CH-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 225.91 2/22 CH-QTRLY HVAC MAINTENANCEHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 1,786.65 MAR'22 CH-ELEVATOR MAINTENANCETHURSTON ELEVATOR CONCEPTS INC 131.00 FEB'22 ACCT#7189 CITY HALL ELECTRICITYSO CAL EDISON 5,323.65 MAR'22-CH-CHARGING STATION RMA KITSEMACONNECT INC 167.50 NON-DEPARTMENTAL TOTAL: 8,973.15
GEN. FD-CITY HALL TOTAL: 8,973.15
103 - GF-AV RECREATION SERVICES
FACILITY RENTAL REFUND-JAZMIN WILSONJAZMIN WILSON 192.00 REFUND- ADMIN FEE/NON-RESIDENT-JAZMIN WILSONJAZMIN WILSON (100.00)
92.00 RECREATION SERVICES
FEB'22 AV RANCH MAINTENANCEPV MAINTENANCE INC 1,546.62
FEB'22 AV RANCH IT MAINTENANCEPV MAINTENANCE INC 1,339.25 2/27 AVR TABLE CLOTH CLEANING SERVICEPRESS-TIGE ENTERPRISES INC 294.84 WINTER2022-RWC117/47/44-BASKETBALL/SOCCER-22PARTSKYHAWKS SPORTS ACADEMY, INC 1,896.00 44 Description (Item)Vendor Name Amount
SM-AVR GARDA SAFE KEY-FIREKING INV#T783106US BANK PURCHASING CARD PROGRAM 119.86 WINTER2022- RWC186 SPANISH-5 PARTICIPANTSTLP EDUCATION LLC 321.00 WINTER2022-RWC161/165/167 DANCE-13 PARTICIPANTSFITNESS WITH FLAVOR LLC 975.00 WINTER2022-RWC171BABY FITNESS-3PARTICIPANTSFITNESS WITH FLAVOR LLC 225.00 MAR'22-AVR-CASH COURIER SERVICE PO#5560GARDAWORLD 428.19 FEB'22 AV RANCH JANITORIAL SERVICETEAM ONE MANAGEMENT SERVICES 5,190.00 WINTER2022-RWC105 KARATE-2 PARTICIPANTSWADORYU USA INC 84.00 WINTER2022-RWC091/090 GUITAR/UKULELE -1PARTRONALD GORMAN 686.40 2/16 AVR BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 25.33 MAR'22 AVR-PEST CONTROL SERVICE PO#5498CTJAMJT CORP. 395.00 FEB'22 -AVR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 271.17 MAR'22 AVR FIRST AID MAINTENANCECINTAS CORPORATION NO. 2 233.49 REC OFFICE SUPPLIESSTAPLES ADVANTAGE 57.80
1/24-2/21/22 MTR#1100 AV RANCH WATER SRV PO#5483MOULTON NIGUEL WATER DIST 113.20 1/24-2/21/22 MTR#0958 AV RANCH WATER SRV PO#5483MOULTON NIGUEL WATER DIST 136.02 FEB'22 ACCT#4551 THE FARM ELECTRICITYSO CAL EDISON 736.52 FEB'22 ACCT#6247 AVR TRACKED CHARGES ELECTRICITYSO CAL EDISON 798.88 FEB'22 ACCT#6247 AV RANCH ELECTRICITYSO CAL EDISON 2,390.36 RECREATION SERVICES TOTAL: 18,263.93
GF-AV RECREATION SERVICES TOTAL: 18,355.93
203 - GAS TAX
TRAFFIC ENGINEERING
JAN & FEB'22 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 2,255.00 FEB'22 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 2,000.00 TRAFFIC ENGINEERING TOTAL: 4,255.00
STREET MAINTENANCE
FEB'22 STREET MAINTENANCE (GAS 55%)PV MAINTENANCE INC 34,006.43 FEB'22 TRAFFIC SIGNAL MONITORING-RESPONSEBEAR ELECTRICAL SOLUTIONS INC 19,241.05 FEB'22 TRAFFIC SIGNAL MONITORING-ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,162.60 MAR'22 DATABASE MAINT. + 21 TICKETSUNDERGROUND SERVICE ALERT OF SOUTHERN CA 44.65 FEB'22 STREET SWEEPING SERVICESR F DICKSON CO INC 8,668.66 1/24-2/21/22 MTR #4551 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 100.16 1/24-2/21/22 MTR#6544 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 93.64 1/24-2/21/22 MTR #2066 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 71.97 FEB'22 STREET LIGHTS LS2 ELECTRICITYSO CAL EDISON 1,128.27 FEB'22 STREET LIGHTS LS1 ELECTRICITYSO CAL EDISON 15,365.17 FEB'22 STREET LIGHTS TC1 ELECTRICITYSO CAL EDISON 3,337.29 STREET MAINTENANCE TOTAL: 85,219.89
GAS TAX TOTAL: 89,474.89
204 - MEASURE M
GEN-MEASURE M
SMP M2 FUND-FEB'22-41 TRIPS-TRANSPORTATION SRVCABCO YELLOW INC 492.00 GEN-MEASURE M TOTAL: 492.00
MEASURE M TOTAL: 492.00
215 - PUBLIC SAFETY GRANTS
LAW ENFORCEMENT-OTHER
MAR'22 AFISCOUNTY OF ORANGE 1,958.00
LAW ENFORCEMENT-OTHER TOTAL: 1,958.00
PUBLIC SAFETY GRANTS TOTAL: 1,958.00
241 - TECHNOLOGY FUND
GEN-TECHNOLOGY GRANTS
FEB'22 CC MTGS & AV SITE VISITSERIC WINTER 726.00
GEN-TECHNOLOGY GRANTS TOTAL: 726.00
TECHNOLOGY FUND TOTAL: 726.00
45 Description (Item)Vendor Name Amount
261 - CITY FAC.-AQUATIC CENTER
FEB'22-AQ CTR-RETENTION FEESPREMIER AQUATIC SERVICES (1,625.00) -1,625.00
GEN-AQUATIC CENTER
2/19-3/18/22 ACCT #6701-AQ CTR-INTERNETCOX COMMUNICATIONS, INC 494.73 FEB'22 AQ CTR MAINTENANCEPV MAINTENANCE INC 289.50
MAR'22-AQ CTR-CASH COURIER SERVICEGARDAWORLD 428.19
FEB'22 AQ CTR SHOWER DRAIN REPAIR SRVVERNE'S PLUMBING, INC 265.00 2/4-3/8/22 MTR#2349 AQ CTR GAS SERVICETHE GAS COMPANY 4,776.42 FEB'22-AQ CTR-MANAGEMENT FEESPREMIER AQUATIC SERVICES 10,833.33 FEB'22-AQ CTR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 159.30 FEB'22-AQ CTR-POOL LIGHT REPAIRPEAK LIGHTING & ELECTRIC INC 198.93 2/23 AQ CTR-QTRLY HVAC MAINTENANCEHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 248.89 2/22-AQ CTR- HEATER TRIPPING REPAIR SRVHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 1,958.09 AQ CTR-ROBOTIC POOL CLEANERALPHA WATER SYSTEMS INC 5,279.71 AQ CTR-OFFICE SUPPLIESSTAPLES ADVANTAGE 239.82
FEB'22 AQ CTR-POOL CHEMICALSTHE ILLINI COMPANIES, INC 1,127.66 FEB'22 AQ CTR-MONTHLY POOL MAINTENANCEKNORR SYSTEMS INC 1,792.64 GEN-AQUATIC CENTER TOTAL: 28,092.21
CITY FAC.-AQUATIC CENTER TOTAL: 26,467.21
311 - STREET IMPROVEMENTS
STREETS & HIGHWAYS
FEB'22 #097 ALISO CREEK REHAB DESIGN SRVENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 2,916.00 STREETS & HIGHWAYS TOTAL: 2,916.00
STREET IMPROVEMENTS TOTAL: 2,916.00
741 - RENEWABLE FARMS
FEB'22 RENEWABLE FARMS-RETENTION PAYMENTAARON FLORA (2,695.00) FEB'22 RENEWABLE FARMS-PAYMENTAARON FLORA 26,950.00
24,255.00
RENEWABLE FARMS TOTAL: 24,255.00
GRAND TOTAL: 354,268.22
46 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
SP-JUN'22-JUN'23 APWA MEMBERSHIP DUESUS BANK PURCHASING CARD PROGRAM 277.50 FEB'22 PA21016/AMY'S DRIVE-THRU LANDSCAPERJM DESIGN GROUP INC 1,421.25 JAN'22 CAA ENG 5004 MNWDCHARLES ABBOTT ASSOC INC 940.00 JAN'22 CAA ENG 5005 SCE - SADDLEBACKCHARLES ABBOTT ASSOC INC 649.96 JAN'22 CAA ENG 5049 COX UTILITYCHARLES ABBOTT ASSOC INC 578.46 JAN'22 CAA ENG 5003 COXCHARLES ABBOTT ASSOC INC 578.46
JAN'22 CAA ENG 5063 VISTA POINTE RIDGECHARLES ABBOTT ASSOC INC 457.95 JAN'22 CAA ENG 5062 NEW DYNASTY CONSTCHARLES ABBOTT ASSOC INC 216.92 JAN'22 CAA ENG 5046 NX UTILITIESCHARLES ABBOTT ASSOC INC 73.06 JAN'22 CAA ENG 5060 EL TORO WATER DISTRICTCHARLES ABBOTT ASSOC INC 48.21 JAN'22 CAA ENG 5002 AT&TCHARLES ABBOTT ASSOC INC 24.10
JAN'22 CAA-7 COMPUTER STATIONS LEASE CREDITCHARLES ABBOTT ASSOC INC (350.00) P#21-1215 C&D REFUND-TURELK/1 ENTERPRISETURELK INC 2,000.00 P#21-1704-ALL OC CONST/OC KITCHEN-11CORONADO CAYALL OC CONSTRUCTION 500.00 REFUND-CANCELLED P#22-0260(80%OF PLUMBING $279.87)REPIPE1 223.90 WQMP2022 OVERPAYMENT-PROMENADE II COMMUNITYPROMENADE II COMMUNITY ASOC 70.00 7,709.77
CITY COUNCIL
FEB'22 CC-PHONESAT&T 247.00
MO-REFUND-TA YOSEMITE POLICYMAKERS CONF-HOTELUS BANK PURCHASING CARD PROGRAM (315.82) MO-MM 3/2 AV CHAMBER BREAKFASTUS BANK PURCHASING CARD PROGRAM 14.95 MO-TA 3/16-3/17 YOSEMITE POLICYMAKERS CONF-HOTELUS BANK PURCHASING CARD PROGRAM 315.82 MO-TA 2/14 YOSEMITE POLICYMAKERS CONF-HOTELUS BANK PURCHASING CARD PROGRAM 315.82 MO-RC 2/25 ECON LUNCHEON REGISUS BANK PURCHASING CARD PROGRAM 75.00 DH-3/8/22 ACCOC ADVOCACY TRIP-PARKING REIMBDAVID HARRINGTON 40.00 TA 3/17-3/20 YOSEMITE POLICYMAKERS CONF-MILEAGETIFFANY ACKLEY 443.43 TA 3/17-3/20 YOSEMITE POLICYMAKERS CONF-MEALSTIFFANY ACKLEY 98.61 TA 3/17-3/20 YOSEMITE POLICYMAKERS CONF PARKINGTIFFANY ACKLEY 35.00 CITY COUNCIL TOTAL: 1,269.81
CITY MANAGER
FEB'22 CM-PHONEAT&T 59.37
PC-3/16 CM STAFF MEETING- LUNCHUS BANK PURCHASING CARD PROGRAM 262.14 PC-3/16 CM MEETING/PANEL-PASTRIESUS BANK PURCHASING CARD PROGRAM 39.43 PC-3/16 CM STAFF MEETING-DRINKSUS BANK PURCHASING CARD PROGRAM 49.95 PC-OCCMA MEETING -GUEST ATTENDANCEUS BANK PURCHASING CARD PROGRAM 54.00 MO-FY21-22 CAPIO MEMBERSHIP RENEWALUS BANK PURCHASING CARD PROGRAM 275.00 LL-CC ICMA MEMBERSHIP RENEWALUS BANK PURCHASING CARD PROGRAM 175.00 CITY MANAGER TOTAL: 914.89
ECONOMIC DEVELOPMENT
APR'22 BUSINESS OF THE MONTH-NSIERIC WINTER 679.80
MAR'22 BUSINESS OF THE MONTH-NSIERIC WINTER 679.80
OCT-DEC'21 SALES TAX-EFUELEFUEL LLC 104,748.00
ECONOMIC DEVELOPMENT TOTAL: 106,107.60
HUMAN RESOURCES
PC-IPMA CP CERTIFICATION STUDY GUIDEUS BANK PURCHASING CARD PROGRAM 100.00 PC-OFFICE SUPPLIES-CONTAINER STOREUS BANK PURCHASING CARD PROGRAM 80.78 PC-OFFICE SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 9.69 PC-3/10 FIN DIR 2ND INTERVIEW W/CMUS BANK PURCHASING CARD PROGRAM 7.45 SP- 3/7 FACILITY INTERVIEW PANEL LUNCHUS BANK PURCHASING CARD PROGRAM 112.82 PC-3/8 FIN DIR PANEL/CM/HR- LUNCHUS BANK PURCHASING CARD PROGRAM 171.15 3/16 FIN DR PANEL ASSIST -THANK YOU CARDPATRICIA CANTONWINE 25.00 3/16 FIN DR PANEL ASSIST -THANK YOU CARDPATRICIA CANTONWINE 25.00 3/16 FIN DR PANEL ASSIST -THANK YOU CARDPATRICIA CANTONWINE 25.00 HUMAN RESOURCES TOTAL: 556.89
03/31/2022
47 Description (Item)Vendor Name Amount
CITY CLERK
MO-4/5-4/10/22 CCAC CONF-FLIGHTUS BANK PURCHASING CARD PROGRAM 276.97 MO-4/5-4/10/22 CCAC CONF REGISTRATIONUS BANK PURCHASING CARD PROGRAM 450.00 CITY CLERK TOTAL: 726.97
CITY ATTORNEY
FEB'22 BBK LEGAL SERVICESBEST BEST & KRIEGER 22,179.00 FEB'22 BBK LEGAL SRV-CCBEST BEST & KRIEGER 5,803.96
FEB'22 BBK LABOR & EMPLOYMENTBEST BEST & KRIEGER 1,341.00 FEB'22 BBK GENERAL LITIGATIONBEST BEST & KRIEGER 149.00 FEB'22 BBK - LABOR/BENEFITSBEST BEST & KRIEGER 774.80
FEB'22 BBK #801 TOWN CTR SPECIFIC PLANBEST BEST & KRIEGER 558.60 CITY ATTORNEY TOTAL: 30,806.36
FINANCE
DEC'21-FIN INTERIM STAFF-LSL PROFESSIONAL SRVLANCE SOLL LUNGHARD LLP 425.00 JAN'22 PARS REP FEESPARS 300.00
FINANCE TOTAL: 725.00
INFORMATION TECHNOLOGY
3/10-4/9/22 ACCT#0202-CH-TV/CABLECOX COMMUNICATIONS, INC 154.73 3/6-4/5/22 ACCT #8802-CH-INTERNETCOX COMMUNICATIONS, INC 1,500.00 2/6-3/5/22 CH-ALARM/POTS LINEAT&T 2,827.31
FEB'22 CH-4 MIFIAT&T 163.96
FEB'22 CH- FLEET COMPLETEAT&T 128.30
FEB'22 EOC-4 MIFIAT&T 160.96
FEB'22 EOC-4 PHONESAT&T 106.75
FEB'22-HR PHONE HARDWAREAT&T 859.05
IA -EOC YOUTUBE SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 64.99 IA -IMAGINETOWNCETER.COM-GODADDYUS BANK PURCHASING CARD PROGRAM 20.17 IA-MAR'22-WAITWHILE SUB-FRONT COUNTERUS BANK PURCHASING CARD PROGRAM 159.00 IA-IT SUPPLIES-MOUSE/CABLES/CABLE MANAGEMENTUS BANK PURCHASING CARD PROGRAM 343.61 12/8/21-12/7/22 BLUEBEAM LICENSESSHI INTERNATIONAL CORP 6,475.00 MAR'22 CH JIVE VOIP SERVICE & SUPPORTJIVE COMMUNICATIONS INC 1,847.86 3/23-4/22/22 CH O365 LICENSES & SUPPORTTANGENT COMPUTERS INC 2,291.47 INFORMATION TECHNOLOGY TOTAL: 17,103.16
NON-DEPARTMENTAL
PC-OFFICE SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 51.14 LL-FOLDING WAGON-COSTCOUS BANK PURCHASING CARD PROGRAM 96.96 LL-3/11 COSTCO DELIVERYUS BANK PURCHASING CARD PROGRAM 279.40 LL-3/16 CC DINNER - BEYOND THAIUS BANK PURCHASING CARD PROGRAM 141.30 LL-3/2 CC MTG DINNER-URBANE CAFEUS BANK PURCHASING CARD PROGRAM 113.84 PC-3/10 QTRLY LUNCHEON SUPPLIES-DOLLAR TREEUS BANK PURCHASING CARD PROGRAM 8.18 PC-3/10 QTRLY LUNCHEON SUPPLIES-DRINKSUS BANK PURCHASING CARD PROGRAM 8.62 PC-3/10 QTRLY LUNCHEON DECOR & FLATWARE-AMAZONUS BANK PURCHASING CARD PROGRAM 92.91 PC-RETIREMENT CARDSUS BANK PURCHASING CARD PROGRAM 10.54 LL-3/2 CC MTG DINNER-URBANE CAFEUS BANK PURCHASING CARD PROGRAM 14.95 PC-3/10 QTRLY LUNCHEON-CATERING EL RANCHOUS BANK PURCHASING CARD PROGRAM 1,060.90 PC-3/10 QTRLY LUNCHEON -DRINKSUS BANK PURCHASING CARD PROGRAM 21.42 PC-3/10 QTRLY LUNCHEON CATERING DEPOSITUS BANK PURCHASING CARD PROGRAM 200.00 LL-3/2 CC MTG DINNER-URBANE CAFEUS BANK PURCHASING CARD PROGRAM 16.96 PC-3/10 QTRLY LUNCHEON-CAKEUS BANK PURCHASING CARD PROGRAM 19.99 PC-3/10 QTRLY LUNCHEON DECOR & FLATWARE-AMAZONUS BANK PURCHASING CARD PROGRAM 20.46 LE NAMEPLATES & NAMETAGS-SGT CP & CHIEF SMJ&M TROPHIES INC 212.54 11/1-1/31/22 RICOH C5200S COPIESRICOH USA 489.52
1/1-1/31/22 RICOH 2504EX FRONT COUNTER-COPIESRICOH USA 66.37 2/1-2/28/22 RICOH 2504EX FRONT COUNTER-COPIESRICOH USA 193.79 2/12-3/11/22 RICOH 2504 BACK OFFICE-COPIESRICOH USA 114.93 MAR'22 VISTA PARK LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 1,028.96 CC-3/7 TA COUNCIL MEMBER MAIL-FEDEXFEDERAL EXPRESS 9.80 MAR'22 CITY CAR FUELVOYAGER FLEET SYSTEMS INC 117.62
SPRING 2022 BANNERS & INSTALLATIONVIGICABI INC 2,693.00 NON-DEPARTMENTAL TOTAL: 7,084.10
C. S. ADMINISTRATION
4/30 JAMFEST EVENT-BAND PERFORMANCEANDREW JOHN KEATHLEY 1,500.00 NL-MOVIE EVENT CRAFT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 36.36 48 Description (Item)Vendor Name Amount
NL-MOVIE EVENT CRAFT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 89.29 NL-MOVIE EVENT PRIZES-FUNEXPRESSUS BANK PURCHASING CARD PROGRAM 49.48 NL-MOVIE EVENT PRIZES-AMAZONUS BANK PURCHASING CARD PROGRAM 34.44 NL-MOVIE EVENT CRAFT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 20.46 NL-EDIBLE CRAFT FOR HEARTY PARTY-RALPHSUS BANK PURCHASING CARD PROGRAM 9.49 NL-CRAFTS FOR HEARTY PARTY-HOBBY LOBBYUS BANK PURCHASING CARD PROGRAM 6.43 NL-MOVIE EVENT CRAFT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 6.71 NL-CABLE MANAGEMENT STRAPS-AMAZONUS BANK PURCHASING CARD PROGRAM 6.45 3/25 AVMS MOVIE NIGHT EVENT INSURANCEALLIANT INSURANCE SERVICES INC 225.00 4/30 JAMFEST EVENT INSURANCEALLIANT INSURANCE SERVICES INC 321.00 24,000 SPRING 2022 BROCHURE PRINTINGWESTAMERICA COMMUNICATIONS INC 25,663.70 SUMMER CAMP 2022 RETRACTABLE BANNERSMART LEVELS MAILING & PRINTING INC 176.71 C. S. ADMINISTRATION TOTAL: 28,145.52
IGLESIA PARK
2/8-3/8/22 MTR #3499 IGLESIA PARK WATER SRVEL TORO WATER DISTRICT 834.92 2/8-3/8/22 MTR #4114 IGLESIA PARK WATER SRVEL TORO WATER DISTRICT 729.18 MAR'22 IGLESIA LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 6,846.00 MAR'22 IP PLAYGROUND EQUIPMENTMIRACLE RECREATION EQUIPMENT COMPANY, INC 698.80 FEB'22 ACCT#7997 IGLESIA PARK ELECTRICITYSO CAL EDISON 214.64 IGLESIA PARK TOTAL: 9,323.54
IGLESIA BUILDING
MAR'22 IPCC-JANITORIAL SERVICETEAM ONE MANAGEMENT SERVICES 861.00 2/8-3/8/22 MTR#1850 IGLESIA BLDG WATER SRVEL TORO WATER DISTRICT 238.02 APR'22-IPCC-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 99.22 CREDIT BAL-IPCC- ALARM MONITORING SERVICEPROTECTION ONE ALARM MONITORING INC (50.00) 3/17-4/16/22 IPCC- ALARM MONITORING SERVICEPROTECTION ONE ALARM MONITORING INC 54.50 1/14/22 IPCC- HVAC REPAIRHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 4,553.06 FEB'22 ACCT#7997 IGLESIA BLDG ELECTRICITYSO CAL EDISON 720.33 IGLESIA BUILDING TOTAL: 6,476.13
PLANNING
OD-2/24 ENERGOV TRAINING-F&BUS BANK PURCHASING CARD PROGRAM 90.92 OD-2/24 ENERGOV TRAINING-F&BUS BANK PURCHASING CARD PROGRAM 108.27 OD-AVTC FEB'22 CONSTANT CONTACTUS BANK PURCHASING CARD PROGRAM 45.00 PLANNING TOTAL: 244.19
BUILDING
JAN'22 CAA BUILDING SERVICESCHARLES ABBOTT ASSOC INC 22,101.50 BUILDING TOTAL: 22,101.50
CODE ENFORCEMENT
JAN'22 CAA CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 7,879.66 CODE ENFORCEMENT TOTAL: 7,879.66
ENGINEERING (GENERAL)
FEB'22 PW TABLET-AT&T INTERNETAT&T 80.48
SP & QL 4/7 CEAOC MEETING REGISUS BANK PURCHASING CARD PROGRAM 90.00 SP-4/4 APWA FACILITY & GROUNDS WORKSHOPUS BANK PURCHASING CARD PROGRAM 150.00 JAN'22 CAA NPDES COSTSCHARLES ABBOTT ASSOC INC 20,820.43 JAN'22 CAA SOLID WASTECHARLES ABBOTT ASSOC INC 6,393.24 ENGINEERING (GENERAL) TOTAL: 27,534.15
STREET MAINTENANCE
JAN'22 CAA STREET MAINTENANCECHARLES ABBOTT ASSOC INC 25,487.65 STREET MAINTENANCE TOTAL: 25,487.65
LAW ENFORCEMENT-OTHER
FEB'22 PALS-PHONEAT&T 44.37
CP-3/16 TACTICAL WINDOW TINT ON SGT'S VEHICLEUS BANK PURCHASING CARD PROGRAM 160.00 1/9-1/22/22-414HRS-SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 10,486.62 2/6-2/19/22-414HRS-SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 10,486.62 MAR'22 MOTORCYCLE FUEL & CAR WASHESVOYAGER FLEET SYSTEMS INC 616.63 LAW ENFORCEMENT-OTHER TOTAL: 21,794.24
EOC
SL-3/14 WELCOME DONUTS FOR CHIEF/SGTUS BANK PURCHASING CARD PROGRAM 44.40 49 Description (Item)Vendor Name Amount
4/14-5/14/22-RENTAL OFFSITE STORAGE #A1554LIFE STORAGE #961 250.00 EOC TOTAL: 294.40
GENERAL FUND TOTAL: 322,285.53
102 - GEN. FD-CITY HALL
NON-DEPARTMENTAL
MAR'22-CH-FIRE ALARM TROUBLESHOOTING PO#5542JMG SECURITY SYSTEMS INC 235.00 MAR'22 CH-JANITORIAL SERVICETEAM ONE MANAGEMENT SERVICES 2,856.00 APR'22 CH -ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 552.74 APR'22 CH-INTRUSION DECTECTIONSONITROL ORANGE COUNTY LLC 196.51 MAR'22-CH-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 169.50 MAR'22 CH- PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00 MAR'22 CITY HALL LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 678.00 APR'22 CH HOA ASSESSMENTPACIFIC PARK II ASSOCIATION 347.27 FY21-22-AVCA-4TH QTR-CITY HALL HOA DUESALISO VIEJO COMMUNITY ASSOCIATION 1,503.39 FY21-22-AVCA-4TH QTR-35 PLAYA MASTER HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 94.64 NON-DEPARTMENTAL TOTAL: 6,748.05
GEN. FD-CITY HALL TOTAL: 6,748.05
103 - GF-AV RECREATION SERVICES
REFUND-USER CREDIT CONVERSION-GABRIELA GONZALEZGABRIELA GONZALEZ 15.00 REFUND-CREDIT CONVERSION-TRAM PHAMTRAM PHAM 13.00
28.00 RECREATION SERVICES
3/12 AVR TABLE CLOTH CLEANING SERVICEPRESS-TIGE ENTERPRISES INC 350.78 3/18 AVR TABLE CLOTH CLEANING SERVICEPRESS-TIGE ENTERPRISES INC 224.64 WINTER2022-RWC028/027/025/026GYMNASTICS-39 PARTTUMBLE-N-KIDS, INC 3,414.00 WINTER2022-RWC029/030 OC PLAYBALL-7 PARTICIPANTSOC PLAYBALL INC 567.00 WINTER2022-RWC116/040/041-MULTI SPORT-18 PARTSKYHAWKS SPORTS ACADEMY, INC 1,662.00 NL-SUPPLIES PAPER TOWEL-SMART & FINALUS BANK PURCHASING CARD PROGRAM 21.00 WINTER2022-RWC085 FINE ARTS-7 PARTICIPANTSLAURELINDA HAUKSSON 861.00 WINTER2022-RWC087/003-LEGO-15 PARTICIPANTSLAURELINDA HAUKSSON 1,749.00 AVR-TRASH BINS FOR CATERING KITCHENULINE 193.44
2/6-3/5/22 AVR-ALARM/POTS LINEAT&T 877.07
FEB'22 REC TABLET-AT&T INTERNETAT&T 40.24
FEB'22 REC-4 PHONESAT&T 178.44
WINTER2022-RWC069-SOCIAL SKILLS- 9 PARTICPANTSJENNIFER ANDRUS-NELSON 777.60 WINTER2022-RWC118-BASIS COMMUNICATION-7 PARTCLICKSTART DOG TRAINING ACADEMY, LLC 990.00 APR'22-AVR-ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 485.78 APR'22 AV & AQ CTR- ACCESS CONTROL SERVICESONITROL ORANGE COUNTY LLC 113.56 WINTER2022-RWC108/109/032 BASKETBALL24 PARTICIPANBREAKTHROUGH SPORTS LLC 1,047.60 WINTER2022-RWC120 POETRY WRITING-3 PARTICIPANTSKIMBERLY KRANTZ 81.00 MAR'22 -AVR-ELECTRICAL REPAIRPEAK LIGHTING & ELECTRIC INC 305.59 MAR'22 -AVR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 211.91 MAR'22 AVR- PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 2/1-2/28/22 AVR COPIER SUBSCRIPTIONRICOH USA 21.00
3/1-3/31/22-AVR COPIER SUBSCRIPTIONRICOH USA 21.00
MAR'22 AV RANCH LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 2,262.67 REC-ADDITIONAL STAFF POLOSMANHATTAN STITCHING COMPANY INC 1,066.73 AVR-12 EARPHONES FOR RADIOSSHI INTERNATIONAL CORP 571.08 MAR'22 AVR JIVE VOIP SERVICE & SUPPORTJIVE COMMUNICATIONS INC 607.88 3/23-4/22/22 AVR O365 LICENSES & SUPPORTTANGENT COMPUTERS INC 425.53 RECREATION SERVICES TOTAL: 19,237.54
GF-AV RECREATION SERVICES TOTAL: 19,265.54
203 - GAS TAX
TRAFFIC ENGINEERING
FEB'22 PAVEMENT MANAGEMENT PLAN UPDATENICHOLS CONSULTING ENGINEERS, CHTD 13,310.00 TRAFFIC ENGINEERING TOTAL: 13,310.00
STREET MAINTENANCE
2/8-3/8/22 MTR #5675 CALLE CORTEZ WATER SERVICEEL TORO WATER DISTRICT 87.13 MAR'22 MEDIANS LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 1,586.00 50 Description (Item)Vendor Name Amount
FEB'22 GS1 MEDIANS ELECTRICITYSO CAL EDISON 71.29
FEB'22 ACCT#6953 ST LIGHTS & TRAFFIC CONTROLLERSSAN DIEGO GAS & ELECTRIC 2,546.72 STREET MAINTENANCE TOTAL: 4,291.14
GAS TAX TOTAL: 17,601.14
241 - TECHNOLOGY FUND
GEN-TECHNOLOGY GRANTS
MAR'22 CC MTGS & AV SITE VISITSERIC WINTER 1,109.00
GEN-TECHNOLOGY GRANTS TOTAL: 1,109.00
TECHNOLOGY FUND TOTAL: 1,109.00
261 - CITY FAC.-AQUATIC CENTER
GEN-AQUATIC CENTER
MAR'22 AQ CTR RESTROOM-PLUMBING SRVVERNE'S PLUMBING, INC 354.61 AQ CTR-2/3 CONCESSIONS-STATER BROSPREMIER AQUATIC SERVICES 58.45 AQ CTR-REPLACEMENT PARTS-INV#449929 ALPHA WATERPREMIER AQUATIC SERVICES 143.78 AQ CTR-3/8 LIGHT WEDGE-INV#447973 ALPHA WATERPREMIER AQUATIC SERVICES 13.13 AQ CTR-2/17 PROPANE-CIRCLE KPREMIER AQUATIC SERVICES 28.00 AQ CTR-2/17 PROPANE-CIRCLE KPREMIER AQUATIC SERVICES 28.00 AQ CTR-2/15 PROPANE FOR HEATERS-CHEVRONPREMIER AQUATIC SERVICES 51.70 AQ CTR-2/17 MANAGER MONTHLY MTG F&B-FLAME BROILERPREMIER AQUATIC SERVICES 59.69 AQ CTR-2/3 SWIM TEAM CANDY-STATER BROSPREMIER AQUATIC SERVICES 13.98 AQ CTR-2/1 FEBRUARY DECORATIONS-MICHAELSPREMIER AQUATIC SERVICES 24.50 AQ CTR-2/28 MARCH & APRIL DECORATIONS-DOLLAR TREEPREMIER AQUATIC SERVICES 26.94 MAR'22 AQ CTR PEST CONTROL SERVICECTJAMJT CORP. 185.00
MAR'22-AQ CTR-LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 109.01 MAR'22 AQ CTR-JANITORIAL SERVICETEAM ONE MANAGEMENT SERVICES 2,003.90 MAR'22 AQ CTR LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 912.48 GEN-AQUATIC CENTER TOTAL: 4,013.17
CITY FAC.-AQUATIC CENTER TOTAL: 4,013.17
311 - STREET IMPROVEMENTS
JUL-NOV'21 #133 FY21-22 SLURRY SEAL RETENTION PMTALL AMERICAN ASPHALT 24,012.37 24,012.37
STREET IMPROVEMENTS TOTAL: 24,012.37
331 - CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
OCHC PROG #049 AV RANCH HISTORIC SITE PLAQUEJANET OSTASHAY 3,380.00 CAPITAL IMPROVEMENTS TOTAL: 3,380.00
CAPITAL IMPROVEMENTS TOTAL: 3,380.00
GRAND TOTAL: 398,414.80
51 City of Aliso Viejo
AGENDA ITEM
DATE: April 20, 2022
TO: Mayor and City Council
FROM: Sheryl Mariano, Accounting Supervisor
SUBJECT: TREASURER’S STATEMENTS – JANUARY AND FEBRUARY 2022 Recommended Action:
Approve January and February 2022 Treasurer’s Statements Fiscal Impact:
No Fiscal Impact
Background:
Per City policy, the Finance Department presents the monthly Treasurer’s Statement for the City Council’s review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments.
Discussion:
The City’s portfolio consists of investments in Certificates of Deposits (CD), Medium Term Notes, US Treasury bonds, Federal Agency (Government Sponsored Enterprises (GSE)) bonds, Corporate Notes (CN), and Local Agency Investment Fund (LAIF). All funds invested with LAIF are available for withdrawal within 24 hours.
With Proposition 1A, the State does not have the ability to borrow from funds invested in LAIF. CD’s are insured by Federal Deposit Insurance Corporation (FDIC). FDIC is an independent agency created by Congress in 1933 to supervise banks, insure deposits, and help maintain a stable and sound banking system. Investments in agencies are backed by the implied guarantee of the U.S. government. All CN’s purchased are rated “AA” or better by a nationally recognized rating agency.
Interest is credited to the City’s bank account on a monthly basis. All deposits in excess of FDIC insurance limits are collateralized by the financial institution in accordance with government codes.
52
Fund transfers for capital projects and reimbursement of fiscal charges for the CFD 2005- 01 are completed on a quarterly basis. Street improvements include payments for the Pacific Park Rehabilitation & Slurry Seal projects and are funded with Measure M and SB 1 funds. COP Capital provides funding for the AV Ranch project and is funded by Bond proceeds, General fund and Development Impact funds.
Attachments:
1. Jan’22 Treasurer’s Statement
2. Feb’22 Treasurer’s Statement
53 TREASURER'S MONTHLY CASH STATEMENT
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 9,890,075.05 $ 3,809,873.01 $ 1,504,667.44 $ 12,195,280.62 $ TCRF 89,792.59 $ 89,792.59
GAS TAX FUND 902,798.73 $ 68,469.88 834,328.85 MEASURE M 775,406.67 $ 135,849.39 804.00 910,452.06 SB1-RMRA 210,884.43 $ 81,995.73 292,880.16 PUBLIC SAFETY GRANTS 154,868.33 $ 22,971.09 9,247.23 168,592.19 (1) AIR QUALITY IMPRVMNT FD 1,037,228.54$ 1,037,228.54 INTEGRATED WASTE MGMT FD 13,551.87$ 8,905.55 4,646.32 OTHER GRANTS (117,585.05) $ (117,585.05)
TECHNOLOGY GRANT 165,159.61 $ 3,173.35 161,986.26 DEVELOPMENT IMPACT 1,410,622.33 $ 1,410,622.33
FEDERAL GRANTS 2,858,320.40 $ 2,858,320.40
CITY FACILITY - AV CTR 179,758.92 $ 179,758.92 CITY FACILITY - AQUATIC CTR 4,318.29$ 63,221.94 55,123.83 12,416.40 STREET IMPROVEMENTS 69,414.37 $ 6,026.99 123,300.00 (47,858.64) (2) CAPITAL IMPROVEMENTS - $ 1,299.48 (1,299.48) (2) STORM WATER - $ - (2) COP CAPITAL - $ - (2) COP (4,959.40) $ - - (4,959.40) AV RANCH FOUNDATION - $ -
CFD 2005-01 (2,993.81) $ 49,337.39 49,477.39 (3,133.81) RENEWABLE FARMS 42,531.30 $ 22,234.50 24,185.00 40,580.80 COMMUNITY TRUST 10,609.68 $ 10,609.68
TOTALS 17,689,802.85 $ 4,191,510.04 $ 1,848,653.15 $ - $ 20,032,659.74$ SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT 8,465,993.70 $
SAVINGS ACCOUNT: MONEY MARKET 25,691.30 $
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 11,540,974.74 $ TOTAL CASH 20,032,659.74 $
Years to Maturity for January 2022 1.08
Weighted Average Yield for January 2022 0.870%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.
Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 18,597,255.74$ Cash With Fiscal Agent COPS/CFD 2005-01 4,316,280.63
Cash With Investment Advisor City Investments 12,606,262.70 AV Center 1,301,633.37
PR Account 370,080.04
Petty Cash 2,999.00
GRAND TOTAL OF CITY FUNDS 38,629,915.48 $
(1) Public Safety Grant includes the MDC and PVS Program Costs budgeted with SLESF funds. (2) Transfers in and out are done on a quarterly basis.
Street Improvements include the Slurry Seal, Traffic Management and Street Improvement Projects.
Capital Improvements include park and AV Ranch improvement projects.
Storm Water includes the Dairy Fork and Wood Canyon Emergent Wetland Project. (3) % of portfolio is based of investments & includes LAIF Sheryl Mariano, Accounting Supervisor
CITY OF ALISO VIEJO
January 31, 2022
54 Investment Type Original
Cost
Par
Value
Market
Value *
% of
Portfolio
Federal Agency Coupon Securities $ 3,242,621 $ 3,235,000 $ 3,220,662 13.43% LAIF $ 11,540,975 $ 11,540,975 $ 11,540,975 47.79%
Medium Term Notes $ 2,000,620 $ 2,000,000 $ 2,019,070 8.29% FDIC CDs $ 6,364,897 $ 6,370,000 $ 6,381,287 26.36%
Treasury Coupon Securities $ 998,125 $ 1,000,000 $ 1,007,579 4.13% Portfolio: $ 24,147,237 $ 24,145,975 $ 24,169,572 100.00% Years To Maturity 1.08
Weighted Average Yield 0.870%
*Market Values obtained from US Bank Treasury Division
City of Aliso Viejo
Portfolio Summay
As of 1/31/2022
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59 LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
Account Number: 98-30-007
January 2022 Statement
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
1/14/2022 1/13/2022 QRD 1695564 N/A SYSTEM 5,602.18
Account Summary
Total Deposit: 5,602.18 Beginning Balance: 11,535,372.56 Total Withdrawal: 0.00 Ending Balance: 11,540,974.74
CITY OF ALISO VIEJO
FINANCE DIRECTOR
12 JOURNEY , #100
ALISO VIEJO, CA 92656
60 Jan 0.234
Dec 0.212
Nov 0.203
PMIA Quarter to Date(1): 0.21%
340PMIA Average Life(1):
0.23LAIF Apportionment Rate(2):
0.00000625812849570
0.997439120
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 0.22%
Treasuries
66.16%
Agencies
17.81%
Certificates of
Deposit/Bank Notes
7.36%
Time
Deposits
1.92%
Commercial
Paper
6.22%
Corporate
Bonds
0.16%
Loans
0.37%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 02/10/22
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/21
Chart does not include $6,159,000.00 in mortgages, which equates to 0.003%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
01/31/22
$202.8 billion
61 TREASURER'S MONTHLY CASH STATEMENT
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 12,195,280.62 $ 1,946,627.9 9$ 1,440,030.60 $ 12,701,878.01 $ TCRF 89,792.59 $ 89,792.59
GAS TAX FUND 834,328.85 $ 87,963.55 64,701.53 857,590.87 MEASURE M 910,452.06 $ 456.00 909,996.06 SB1-RMRA 292,880.16$ 77,220.40 370,100.56 PUBLIC SAFETY GRANTS 168,592.19 $ 17,219.23 151,372.96 (1) AIR QUALITY IMPRVMNT FD 1,037,228.54$ 1,037,228.54 INTEGRATED WASTE MGMT FD 4,646.32$ 4,646.32 OTHER GRANTS (117,585.05)$ (117,585.05)
TECHNOLOGY GRANT 161,986.26 $ 27,059.98 824.00 188,222.24 DEVELOPMENT IMPACT 1,410,622.3 3$ 1,410,622.33
FEDERAL GRANTS 2,858,320.40 $ 2,858,320.40
CITY FACILITY - AV CTR 179,758.92$ 179,758.92 CITY FACILITY - AQUATIC CTR 12,416.40$ 66,899.91 79,761.35 (445.04) STREET IMPROVEMENTS (47,858.64)$ 4,500.00 (52,358.64) (2) CAPITAL IMPROVEMENTS (1,299.48)$ 98,386.04 (99,685.52) (2) STORM WATER - $ - (2) COP CAPITAL - $ - (2) COP (4,959.40)$ 1,300.00 (6,259.40) AV RANCH FOUNDATION - $ -
CFD 2005-01 (3,133.81)$ 4,983.79 2,129.98 (280.00) RENEWABLE FARMS 40,580.80 $ 28,931.60 19,816.00 49,696.40 COMMUNITY TRUST 10,609.68$ 10,609.68
TOTALS 20,032,659.74 $ 2,239,687.22 $ 1,729,124.73 $ - $ 20,543,222.23$ SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT 8,976,556.00 $
SAVINGS ACCOUNT: MONEY MARKE T 25,691.49$
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 11,540,974.7 4$ TOTAL CASH 20,543,222.2 3$
Years to Maturity for February 2022 1.04
Weighted Average Yield for February 2022 0.890%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.
Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 18,587,770.16$
Cash With Fiscal Agent COPS/CFD 2005-01 4,311,303.50
Cash With Investment Advisor City Investments 12,606,262.70 AV Center 1,423,591.82
PR Account 243,752.14
Petty Cash 2,860.00
GRAND TOTAL OF CITY FUNDS 39,130,992.39 $
(1) Public Safety Grant includes the MDC and PVS Program Costs budgeted with SLESF funds (2) Transfers in and out are done on a quarterly basis.
Street Improvements include the Slurry Seal, Traffic Management and Street Improvement Projects Capital Improvements include park and AV Ranch improvement projects.
Storm Water includes the Dairy Fork and Wood Canyon Emergent Wetland Project. (3) % of portfolio is based of investments & includes LAIF Sheryl Mariano, Accounting Supervisor
CITY OF ALISO VIEJO
February 28, 2022
62 Investment Type Original
Cost
Par
Value
Market
Value *
% of
Portfolio
Federal Agency Coupon Securities $ 3,242,621 $ 3,235,000 $ 3,196,072 13.43% LAIF $ 11,540,975 $ 11,540,975 $ 11,540,975 47.79%
Medium Term Notes $ 2,000,620 $ 2,000,000 $ 1,996,048 8.29% FDIC CDs $ 6,364,897 $ 6,370,000 $ 6,322,436 26.36%
Treasury Coupon Securities $ 998,125 $ 1,000,000 $ 1,002,930 4.13% Portfolio: $ 24,147,237 $ 24,145,975 $ 24,058,460 100.00% Years To Maturity 1.04
Weighted Average Yield 0.890%
*Market Values obtained from US Bank Treasury Division
City of Aliso Viejo
Portfolio Summay
As of 2/28/2022
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67 LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
CITY OF ALISO VIEJO
FINANCE DIRECTOR
12 JOURNEY , #100
ALISO VIEJO, CA 92656
Account Number: 98-30-007
February 2022 Statement
Account Summary
Total Deposit: 0.00 Beginning Balance: 11,540,974.74
Total Withdrawal: 0.00 Ending Balance: 11,540,974.74
68 Feb 0.278
Jan 0.234
Dec 0.212
PMIA Quarter to Date(1): 0.21%
340PMIA Average Life(1):
0.23LAIF Apportionment Rate(2):
0.00000625812849570
0.997439120
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 0.22%
Treasuries
65.86%
Agencies
18.33%
Certificates of
Deposit/Bank Notes
7.03%
Time
Deposits
1.99%
Commercial
Paper
6.21%
Corporate
Bonds
0.21%
Loans
0.37%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 03/08/22
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/21
Chart does not include $5,920,000.00 in mortgages, which equatesto 0.003%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
02/28/22
$199.1 billion
69 City of Aliso Viejo
AGENDA ITEM
DATE: April 20, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: AWARD CONTRACT TO RJ NOBLE COMPANY, INC. FOR THE ALISO CREEK ROAD REHABILITATION PROJECT – WOLVERINE TO ALICIA
PARKWAY
______________________________________________________________________ Recommended Actions:
1. Approve Contract Documents, Specifications, and Plans for the Aliso Creek Road Rehabilitation Project – Wolverine to Alicia Parkway;
2. Award a contract in the amount of $1,423,585 to RJ Noble Company, Inc. as the lowest responsible bidder for the Aliso Creek Road Rehabilitation Project – Wolverine to Alicia Parkway;
3. Authorize the City Manager to execute a contract with RJ Noble Company, Inc.;
4. Authorize City staff to make total compensation to RJ Noble Company, Inc. up to $1,423,585 plus $142,358.50 (10% of the contract amount) to allow for contingencies, totaling $1,565,943.50; and
5. Declare this project categorically exempt from the California Environmental Quality Act (CEQA) process Per Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301 (Class 1: Existing Facilities).
Fiscal Impact:
Total fiscal impact will be approximately $1,625,943.50 including construction management ($60,000), construction ($1,423,585) and contingency ($142,358.50) and will be funded with SB 1 funds. The Moulton Niguel Water District (MNWD) will reimburse the City approximately $81,071 for adjusting their sewer manholes and water valves. Staff included $100,000 in the FY 2021-22 budget and will include $1,525,943.50 in the FY 2022-23 budget for this project, not including the MNWD work. 70
Background:
The City advertised for bids through April 5, 2022 and multiple online plan rooms were used. Twelve contractors requested and received construction documents for the work.
The City received and opened four bids at 2:00 P.M. on April 5, 2022. The total amounts for each of the bids received are as follows:
Contractor Base Bid
1. RJ Noble Company, Inc. $1,423,585
2. All American Asphalt $1,429,877
3. Hardy & Harper, Inc. $1,470,000
4. Onyx Paving Company, Inc. $1,696,000
City staff has reviewed the bid from RJ Noble Company, Inc. and the bid appears to be responsive and complete.
This project is exempt from the CEQA process since it is maintaining existing streets.
Discussion:
The engineer’s estimate for this base bid work was about $1,400,000. The average bid item costs were comparable to the engineer’s estimate.
RJ Noble Company, Inc. recently completed similar street rehabilitation projects on Pacific Park between Aliso Viejo Parkway and Aliso Creek Road and Alicia Parkway between Pacific Park and the north City limits. They have also performed similar work in other surrounding cities with favorable references.
Staff requests authorization for payments to RJ Noble Company, Inc. up to $1,565,943.50 (10% above the contract amount) to cover for contingencies such as overages on quantities and additional work requested by the City.
The schedule for this project is as follows:
- Advertise for bids March 17 – April 5, 2022
- Bids due April 5, 2022
- Council approves award of contract April 20, 2022
- Notice to Proceed June 6, 2022
- Start construction June 6, 2022
- Complete construction (30 working days) July 20, 2022 Attachments:
1. Contract with RJ Noble Company, Inc.
2. RJ Noble Company, Inc. Submitted Bid
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CONTRACT
THIS CONTRACT is made this _____ day of _________, 20_, in the County of Orange, State of California, by and between the City of Aliso Viejo hereinafter called City, and ______________________________, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
Aliso Creek Road Rehabilitation Project – Wolverine to Alicia Parkway The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within thirty (30) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million, Four Hundred Twenty Three Thousand, Five Hundred Eighty Five Dollars ($1,423,585.00). Payment shall be made as set forth in the General Conditions.
At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. Notwithstanding any other provisions of the Contract Documents, for contracts in excess of $25,000.00, the City Manager may approve additional work not to exceed 10% of the original Contract amount, One hundred forty two thousand, three hundred fifty eight dollars and 50/100 ($142,358.50) , as set forth in this Article 3. Any additional work in excess of this amount shall be approved by the City Council.
ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees City may deduct that amount from any money due or that may become due 72 SECTION 00500
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the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of the California Labor Code applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the office of the City Engineer or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
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ARTICLE 9. DECLARATION OF POLITICAL CONTRIBUTIONS. Prior to the City’s approval of this Contract, Contractor shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Contractor and all of Contractor 's employees, including any employee(s) that Contractor intends to assign to perform work on the Project.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF ALISO VIEJO RJ Noble Company, Inc.
By: By:
David A. Doyle [INSERT NAME AND TITLE]
If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED]
Attest:
By:
[INSERT NAME AND TITLE]
By:
Mitzi Ortiz, MMC
City Clerk
Classification of Contractor's License
Approved as to Form:
By:
Best Best & Krieger LLP
City Attorney
Approved as to Compliance with Budget:
By:
Department of Financial Services
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CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Contractor and all of Contractor’s employees, including any employee(s) that applicant intends to assign to perform work on the Project:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE CONTRACT AND MUST BE SIGNED AND ATTACHED HERETO.
END OF CONTRACT
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Aliso Viejo (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for Aliso Creek Road Rehabilitation Project - Wolverine to Alicia Parkway (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated March 2022, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect City from loss or damage resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein 76 SECTION 00610
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shall limit City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if City, when declaring the Contractor in default, notifies Surety of City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
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(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
END OF PERFORMANCE BOND FORM
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that:
WHEREAS, the City of Aliso Viejo (hereinafter designated as “City”), by action taken or a resolution passed , 20 has awarded to
hereinafter designated as the “Principal,” a contract for the work described as follows:
Aliso Creek Road Rehabilitation Project - Wolverine to Alicia Parkway (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or 81 SECTION 00750
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relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
END OF PAYMENT BOND
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City of Aliso Viejo
AGENDA ITEM
DATE: April 20, 2022
TO: Mayor and City Council
FROM: Community Development Director
SUBJECT: ADOPTION OF AN URGENCY ORDINANCE AND INITIATION OF CODE
AMENDMENT TO ADD SECTIONS RELATED TO URBAN LOT SPLITS
AND OUTDOOR DINING
Recommended Actions:
1. Find that said actions are statutorily exempt from the California Environmental Quality Act (CEQA) under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), whereby the adoption of an ordinance by a city to implement the provisions of Government Code sections 66411.7 and 65852.21, regulating Urban Lot Splits and Two-Unit Projects, is statutorily exempt from the requirements of CEQA;
2. Adopt an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING SECTIONS
14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA; and
3. Introduce and give first reading to an Ordinance entitled: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING SECTIONS 14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND AMENDING SECTION 15.22.190 OUTDOOR DINING AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA.
Fiscal Impact:
No fiscal impact will result from this report.
Background:
In 2021, Governor Newsom signed several new housing bills into law. Senate Bill 9 (SB 9) is the most controversial and substantive of the new housing laws. SB 9 requires cities to allow any single-family zoned lot to be split into two lots and allow up to two single-family dwellings on each newly-created lot without any discretionary review. This 115
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could result in the development of up to four dwelling units on what was formerly one single-family residential lot — with no public hearing and no project-specific conditions.
SB 9 allows local governments to impose restrictions on lot splits and two-unit projects, but any such restriction must be objective and might have to yield to allow for development under SB 9.
The new SB 9 provisions went into effect on January 1, 2022. As a result, staff is recommending that the City Council adopt an urgency ordinance that would amend the City’s Land Use Code to address development under SB 9. The ordinance would impose appropriate restrictions that are allowed by SB 9 so that SB 9 lot splits and two- unit projects are as compatible as possible with existing residential neighborhoods. The urgency ordinance is effective upon adoption.
Discussion:
SB 9 allows any single-family lot to be split, roughly into halves, with resulting lots as small as 1,200 square feet. In addition, SB 9 allows up to two single-family dwellings to be developed on each newly created lot. An SB 9 lot split followed by an SB 9 two-unit project on each of the two new lots would result in four total dwellings on what was formerly one single-family residential lot, all without any discretionary review. SB 9 requires these lot splits and two-unit projects to be approved ministerially with no public hearing. SB 9 allows local governments to impose limited restrictions on lot splits and two-unit projects, but any such restriction must be objective. Provided below is a summary of the SB 9 provisions.
Regulations for Urban Lot Splits
A lot split must result in two lots that are fairly equal in size (a 60/40 split at most) Each new lot must be at least 1,200 square feet in size A lot split cannot involve the demolition or alteration of o affordable housing,
o rent-controlled housing,
o housing that was withdrawn from rent within the last 15 years, or o housing that was occupied by a tenant at any time during the past three years
A lot split must be in a single-family zone
A lot cannot be split if it is a historic landmark or within a designated historic district
A lot cannot be split if it was established through a prior SB 9 lot split A lot cannot be split if the lot owner or anyone acting in concert with the lot owner previously subdivided an adjacent parcel through the SB 9 lot split process 116
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Restraints on Local Regulations for Urban Lot Splits
Local agencies may only impose objective standards on lot splits Objective standards must allow the construction of two units of up to 800 square feet each on each new lot
Local agencies must prohibit non-residential use of the new lots No right-of-way dedications or offsite improvements may be required No correction of any existing non-conforming zoning condition may be required The applicant must sign an affidavit stating that the owner intends to occupy one of the housing units on one of the new lots as the owner’s principal residence for at least three years following the lot split
Local agencies must report the number of SB 9 lot-split applications to the state on an annual basis
Local agencies may only deny an otherwise qualifying SB 9 lot split if the City’s Building Official finds that the resulting housing development project would have a specific adverse impact on public health and safety or on the physical environment and that there is no feasible, satisfactory mitigation Regulations for Two-Unit Projects on Urban Lot Splits
As with lot splits, a two-unit project cannot involve the demolition or alteration of o affordable housing,
o rent-controlled housing,
o housing that was withdrawn from rent within the last 15 years, or o housing that was occupied by a tenant at any time in the past three years The project site cannot be a historic landmark or within a designated historic district
The project cannot involve the demolition of more than 25 percent of the exterior walls of an existing dwelling unless allowed to do so by the local jurisdiction or the site has not been occupied by a tenant at any time during the last three years Restraints on Local Standards for Two-Unit Projects on Urban Lot Splits Local agencies may only impose objective standards on proposed projects Objective standards must allow the construction of two units of up to 800 square feet each on the lot
Local agencies may require only one off-street parking space per unit and must allow no off-street parking if the site is within one-half mile walking distance of 117
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either a “high-quality transit corridor” or “major transit stop” or is within one block of a car-share vehicle location
Local agencies may apply the existing setbacks of the underlying zoning district except for existing and replacement structures, but the existing setbacks must yield, down to four feet from side and rear property lines, as necessary to facilitate two dwellings of up to 800 square feet each. Local agencies must prohibit short-term rentals of units created under SB 9 When a lot is both created by an SB 9 lot split and developed with an SB 9 two- unit development, a local agency may prohibit Accessory Dwelling Unit (ADUs) and Junior ADUs on that lot
Because the approval of SB 9 two-unit projects is a ministerial action, CEQA does not apply
Areas Where SB 9 Lot Splits/Two-Unit Projects Are Prohibited Within a Very High Fire Hazard Severity Zone unless the lot complies with fire- safety mitigation measures
A hazardous waste site
Within a flood plain or floodway
Within Natural Community Conservation Planning (NCCP) lands Within land protected by a conservation easement
SB 9 and ADUs
A lot that is not split may be developed with two SB 9 primary units and an ADU and Junior ADU for a total of four units on the lot
A lot that is split is allowed to have two “units” of any kind on each of the resulting lots. “Units” include the original main house, new primary unit(s) under SB 9, an ADU, or a Junior ADU.
Proposed Urgency Ordinance
In coordination with the City Attorney’s office, staff has drafted an urgency ordinance that would amend the City’s Land Use Code to address development under SB 9. The ordinance would impose appropriate restrictions that are allowed by SB 9 so that SB 9 lot splits and two-unit projects are as compatible as possible with existing residential neighborhoods. The urgency ordinance would impose the following restrictions allowed under SB 9 so that SB 9 Urban Lot Splits and Two-Unit Projects remain compatible with existing residential neighborhoods as much as possible:
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Only individual property owners, as opposed to corporations or corporate persons of any kind, may apply for an Urban Lot Split or Two-Unit Project. Applicants are responsible for all applicable processing and development fees. Applicants must enter into easement agreements with each public service provider to ensure the provision of public services to each resulting lot. Each resulting lot must have at least 10-feet of frontage on the public right-of-way for access.
The total floor area of each primary unit must be between 500 to 800 square feet in size
A primary dwelling unit that was legally established before an Urban Lot Split cannot be expanded in size beyond 800 sf.
On new lots 2,000 square feet or larger, new units are limited to 16 feet in height and one story.
On new lots smaller than 2,000 square feet, new units are limited to 22 feet in height and two stories. Furthermore, any portion of the unit that exceeds one story needs to be setback five feet from the first story footprint. Rooftop decks are prohibited on any new or remodeled unit resulting from an Urban Lot Split.
Front setback areas must be kept free of any structure higher than three feet, be at least 50 percent landscaped with drought-tolerant plants and allow for fire- safety access.
If there is an existing primary unit, any new units must match the architectural design of the existing unit. If there is no existing unit, any new units must match each other in exterior materials, color, and roof pitch. To protect privacy, no window or door of a new unit may have a direct line of sight to adjoining residential lot. This can be achieved through fencing, landscape or privacy glass.
If a new unit is located within 30 feet of a property line that is not adjacent to a public right-of-way, then any windows or doors facing said property line must be designed for privacy protection.
The removal of trees greater than 6 inches in trunk diameter is prohibited unless removal is necessary to construct at least an 800 square foot unit. Any such trees that are removed must be replaced at a two to one ratio. Landscape screening must be planted and maintained between each new unit and any adjacent lots.
Each primary unit must have its own direct utility connection. 119
60367.01100\35008555.2
Lots located in Very High Fire Hazard Severity Zones must comply with specific fire-hazard mitigation measures to be eligible for an Urban Lot Split or Two-Unit Project.
Primary dwelling units on a lot created by an Urban Lot Split may not be owned or conveyed separately from each other. Separate conveyance of resulting lots is permitted.
An applicant for an Urban Lot Split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots for a minimum of three years.
Property owners must provide construction notice to all adjacent property owners 30 days prior to starting construction of any unit.The owner must record a deed restriction on the property to ensure the lot and related development is maintained in compliance with the city’s regulations
Revisions to City’s Outdoor Dining Regulations
Additionally, the ordinance makes changes to the City’s regulations relating to outdoor dining. The revisions are in response to Assembly Bill (“AB 61”), which addresses the issue of outdoor dining that established in some parking areas during the pandemic. AB 61 provides that if a city does not adopt an ordinance that relaxes the city’s parking standards for outdoor dining, the city must reduce the number of parking spaces for existing uses by the number of spaces that the city determines is needed to accommodate the expanded outdoor dining area. That reduction would be required through January 1, 2024. The City does not wish to reduce the number of parking spaces for its existing uses, and is therefore updating its outdoor dining ordinance. The proposed ordinance would allow any legally established restaurant to use up to 10 percent of its parking spaces for the outdoor dining with the approval of a temporary use permit until January 1, 2024. A temporary use permit could be conditioned by the City to protect the public health, safety, and welfare.
Environmental:
Staff has reviewed the project for conformance with the California Environmental Quality Act (CEQA) and determined that the activity is statutorily exempt from CEQA pursuant to California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), whereby the adoption of an ordinance by a city to implement the provisions of Government Code sections 66411.7 and 65852.21 and regulating Urban Lot Splits and Two-Unit Projects is statutorily exempt from the requirements of CEQA.
Public Notice:
In accordance with the requirements of Government Code section 65090, the non- urgency ordinance has been noticed in a newspaper of general circulation. 120
60367.01100\35008555.2
City Attorney:
The City Attorney’s office reviewed and provided comments for this report.
Attachments:
1. Draft Urgency Ordinance
2. Draft Non-Urgency Ordinance
3. PowerPoint Presentation
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60367.01100\29769221.4 1
ORDINANCE NO. 2022-____
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING SECTIONS 14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND DETERMINING
THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Aliso Viejo, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 Law because if the City does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to applying the few objective standards that already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and
WHEREAS, the approval of urban lot splits and two-unit projects based solely on the City’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 61, which among other things adds Government Code Section 65907 to permit the outdoor expansion of businesses to mitigate COVID-19 impacts; and 122
WHEREAS, AB 61 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).
NOW, THEREFORE, the City Council of the City of Aliso Viejo does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:
Section 3. Sections 14.28 and 15.14.210 of the City of Aliso Viejo Municipal Code is hereby added and Section 15.22.190 is amended and restated as provided in Exhibit “A”, attached hereto and incorporated herein by reference. 123
Section 4. This ordinance takes effect immediately upon its adoption.
Section 5 . The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.
Section 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
Section 7. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.
Section 8. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 12 Journey, Suite 100, Aliso Viejo, CA 92656.
PASSED, APPROVED AND ADOPTED this 4th day of May 2022.
_____________________________
Ross Chun
Mayor
ATTEST:
____________________________
Mitzi Ortiz, CMC
City Clerk
APPROVED AS TO FORM:
___________________________
Scott C. Smith
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022-__ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of April 2022, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-__ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held April 20, 2022 and that the Summary of the Ordinance was published on (date) and (date) in the Aliso Viejo News. ___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
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Exhibit A
Chapter 14.28 Urban Lot Splits
14.28.010 Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
14.28.020 Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
14.28.030 Application.
A. Owners.
1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
2. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.
B. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
C. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
14.28.040 Approval.
A. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community Development Director, without discretionary review.
B. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel 126
map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
C. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
D. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
14.28.050 Requirements. An urban lot split must satisfy each of the following requirements:
A. Map Act Compliance.
1. The urban lot split must conform to all applicable requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”) and implementing requirements in this code, except as otherwise expressly provided in this section.
2. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
a. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
b. The city has all the remedies available to it under the SMA, including but not limited to the following:
i. An action to enjoin any attempt to sell, lease, or finance the property.
ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
iii. Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
iv. Record a notice of violation.
v. Withhold any or all future permits and approvals.
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3. Notwithstanding section 66411.1 of the SMA, no dedication of rights- of-way or construction of offsite improvements is required for an urban lot split.
B. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
C. Lot Location.
1. The lot to be split is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
i. been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to
the local jurisdiction, or
ii. meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
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i. Habitat for protected species.
j. Land under conservation easement.
2. The purpose of subpart 15.28.040C.1 above15.28.040C.1 above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
3. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.
4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
D. No Prior Urban Lot Split.
1. The lot to be split was not established through a prior urban lot split.
2. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
E. No Impact on Protected Housing.
1. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
2. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit 129
representing and warranting that subpart 15.28.040E.1 above is satisfied.
a. The sworn statement must state that:
i. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
ii. No housing that is subject to any form of rent or price control will be demolished or altered.
iii. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
iv. No housing that has been occupied by a tenant in the last three years will be demolished or altered.
b. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.] F. Lot Size.
1. The lot to be split must be at least 2,400 square feet.
2. The resulting lots must each be at least 1,200 square feet.
3. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
G. Easements.
1. The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
2. Each easement must be shown on the tentative parcel map.
3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart 14.28.040B above.
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4. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
H. Lot Access.
1. Each resulting lot must adjoin a public street right-of-way.
2. Each resulting lot must have frontage on the public street right-of-way of at least 10 feet.
I. Unit Standards.
1. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 15.14.080 of this code, an ADU, or a JADU
2. Unit Size.
a. The total floor area of each primary dwelling that is developed on a resulting lot must be
i. less than or equal to 800 square feet and
ii. more than 500 square feet.
b. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
c. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
3. Height Restrictions.
a. On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
b. On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any 131
portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
4. Lot Coverage. The maximum lot coverage is 75 percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
5. Setbacks.
a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b. Exceptions. Notwithstanding subpart 15.28.040I.5.a above:
i. Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and to the same dimensions as an existing legally established
structure.
ii. 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a
side or rear property line.
c. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 10 feet from the front property lines. The front setback areas must:
i. be kept free from all structures greater than three feet high;
ii. be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
iii. allow for vehicular and fire-safety access to the front structure.
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6. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either i. a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
ii. a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail
transit service, or
(ic) the intersection of two or more major bus
routes with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
b. The site is located within one block of a car-share vehicle location.
7. Architecture.
a. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. b. If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
c. All exterior lighting must be limited to down-lights. d. No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
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e. If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
8. Landscaping.
a. Tree Removal.
i. No mature tree may be removed on a lot with any
development under this chapter unless removal is
necessary to constructing a dwelling unit that must be
allowed under state law.
ii. “Mature tree” means a tree with a diameter of six inches or more or a height of eight feet or taller.
iii. A tree may only be removed under subparagraph
15.28.040I.8.a.i above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree. b. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not rights of way) as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24”-inch box size plant shall be provided for every ten linear feet of exterior wall.
ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6six feet in height may be installed.
iii. All landscaping must be drought-tolerant.
iv. All landscaping must be from the city’s approved plant list.
9. Nonconforming Conditions. An urban lot split may beis approved without requiring a legal nonconforming zoning condition to be corrected.
10. Utilities .
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a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
b. Notwithstanding paragraph 15.28.040I.10.a above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
c. All utilities must be underground.
11. Building & Safety . All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
J. Fire-Hazard Mitigation Measures.
1. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a. It must have direct access to a public street right-of-way with a paved street with a width of at least 40 feet. The public street right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
c. All enclosed structures on the site must have fire sprinklers. d. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.
2. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart 15.28.040J. The 135
city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
K. Separate Conveyance.
1. Within a resulting lot.
a. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. b. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
c. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. d. No timeshare, as defined by state law or this code, is permitted.
This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
2. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
L. Regulation of Uses.
1. Residential-only. No non-residential use is permitted on any lot created by urban lot split.
2. No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
3. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal 136
residence for a minimum of three years after the urban lot split is approved.
M. Notice of Construction.
1. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized,
b. The anticipated start and end dates for construction, c. The hours of construction,
d. Contact information for the project manager (for construction- related complaints), and
e. Contact information for the Building & Safety Department.
2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
N. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
2. Expressly prohibits any non-residential use of the lots created by the urban lot split.
3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4. States that:
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a. The lot is formed by an urban lot split and is therefore subject to the city’s urban lot-split regulations, including all applicable limits on dwelling size and development.
b. Development on the lot is limited to development of residential units under sections 15.10 and 15.14 of this code, except as required by state law.
15.28.050 Specific Adverse Impacts.
A. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
B. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
C. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
15.28.050 Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
Section 15.14.210 Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
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C. Application.
1. Owners.
a. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code
§ 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).
b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.
2. An application for a two-unit project must be submitted on the city’s approved form.
3. The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with the application.
4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
D. Approval.
1. An application for a two-unit project is approved or denied ministerially, by the Community Development Director, without discretionary review.
2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
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4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
E. Requirements. A two-unit project must satisfy each of the following requirements:
1. Map Act Compliance. The lot must have been legally subdivided.
2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
3. Lot Location.
a. The lot is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures
required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(ia) been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction, or
(ib) meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of
the National Flood Insurance Program.
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vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii.Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. The purpose of subpart 15.28.040C.1 above is merely to summarize the requirements of Government Code section
65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).) c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.
4. No Impact on Protected Housing.
a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
i. Housing that is income-restricted for households of
moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years
prior to submission of the two unit project application. iv. Housing that has been occupied by a tenant in the last three years.
b. As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.4.a above is satisfied.
i. The sworn statement must state that:
(ia) No housing that is income-restricted for
households of moderate, low, or very low
income will be demolished or altered.
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(ib) No housing that is subject to any form of rent
or price control will be demolished or altered.
(ic) No housing that has been withdrawn from
rental or lease under the Ellis Act at any time in
the last 15 years will be demolished or altered.
(id) No housing that has been occupied by a tenant
in the last three years will be demolished or
altered.
b. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this
requirement.]
B. Unit Standards.
1. Quantity.
a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
b. A lot that is not created by an urban lot split may have a two- unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.
2. Unit Size.
a. The total floor area of each primary dwelling built that is developed under this section must be
(ia) less than or equal to 800 square feet and
(ib) more than 500 square feet.
ii. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
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iii. A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
b. Height Restrictions .
i. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. ii. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure.
Any portion of a new primary dwelling that exceeds one
story must be stepped back by an additional five feet
from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
iii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. c. Demo Cap . The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
d. Lot Coverage . The maximum lot coverage is 75 percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
e. Setbacks .
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
ii. Exceptions. Notwithstanding subpart A1.e above:
(ia) Existing Structures. No setback is required
for an existing legally established structure or
for a new structure that is constructed in the
same location and to the same dimensions as
an existing legally established structure.
(ib) 800 sf; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to
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the degree necessary to avoid physically
precluding the construction of up to two units
on the lot or either of the two units from being
at least 800 square feet in floor area; but in no
event may any structure be less than four feet
from a side or rear property line.
ii. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this
section must be at least 10 feet from the front property lines. The front setback area must:
(ia) be kept free from all structures greater than
three feet high;
(ib) be at least 50 percent landscaped with
drought-tolerant plants, with vegetation and
irrigation plans approved by a licensed
landscape architect;
(ic) allow for vehicular and fire-safety access to the
front structure.
b. Parking . Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either
(ia) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
during peak commute hours or
(ib) a site that contains:
an existing rail or bus rapid transit station,
a ferry terminal served by either a bus or rail
transit service, or
the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
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ii. The site is located within one block of a car-share vehicle location.
b. Architecture .
i. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling
unit in exterior materials, color, and dominant roof pitch.
The dominant roof slope is the slope shared by the
largest portion of the roof.
ii. If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof pitch.
The dominant roof slope is the slope shared by the
largest portion of the roof.
iii. All exterior lighting must be limited to down-lights. iv. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a
direct line of sight.
v. If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
c. Landscaping . Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten
linear feet of exterior wall.
ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
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iii. All landscaping must be drought-tolerant.
iv. All landscaping must be from the city’s approved plant list.
d. Nonconforming Conditions . A two-unit project may only be approved if all nonconforming zoning conditions are corrected. e. Utilities .
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. ii. Notwithstanding paragraph A1.e.i above, a primary
dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with
this paragraph and the city’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
i. All utilities must be underground.
f. Building & Safety . All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
2. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
i. It must have direct access to a public street right-of-way with a paved street with a width of at least 40 feet. The public street right-of-way must have at least two
independent points of access for fire and life safety to access and for residents to evacuate.
ii. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
iii. All enclosed structures on the site must have fire sprinklers.
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iv. All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public street right- of-way or of an onsite fire hydrant or standpipe.
v. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per
dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart A2. The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the
application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
3. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. i. No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement
that gives an owner the right to exclusive use of the
property for a defined period or periods of time.
4. Regulation of Uses.
a. Residential-only . No non-residential use is permitted on the lot. b. No STRs . No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy . Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
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5. Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
i. Notice that construction has been authorized,
ii. The anticipated start and end dates for construction, iii. The hours of construction,
iv. Contact information for the project manager (for
construction-related complaints), and
v. Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
6. Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. e. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.
B Specific Adverse Impacts.
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1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
C Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
D Remedies. If a two-unit project violates any part of this code or any other legal requirement:
1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
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f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.
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60367.01100\29769221.4
ORDINANCE NO. 2022-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING SECTIONS 14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND AMENDING SECTION 15.22.190 OUTDOOR
DINING AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, the City of Aliso Viejo, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 Law because if the City does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to applying the few objective standards that are already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 61, which among other things adds Government Code Section 65907 to permit the outdoor expansion of businesses to mitigate COVID-19 impacts; and WHEREAS, AB 61 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code section 65907 and to appropriately regulate outdoor dining with social distancing; and
NOW, THEREFORE, the City Council of the City of Aliso Viejo does ordain as follows:
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Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:
Section 3. Sections 14.28 and 15.14.210 of the City of Aliso Viejo Municipal Code is hereby added and Section 15.22.190 is amended and restated as provided in Exhibit “A”, attached hereto and incorporated herein by reference.
Section 4. This ordinance takes effect immediately upon its adoption.
Section 5 . The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption. 152
Section 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
Section 7. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.
Section 8. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 12 Journey, Suite 100, Aliso Viejo, CA 92656.
PASSED, APPROVED AND ADOPTED this 4th day of May 2022.
_____________________________
Ross Chun
Mayor
ATTEST:
____________________________
Mitzi Ortiz, CMC
City Clerk
APPROVED AS TO FORM:
___________________________
Scott C. Smith
City Attorney
153
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022-__ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 4 th day of May 2022, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-__ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held May 4, 2022 and that the Summary of the Ordinance was published on (date) and (date) in the Aliso Viejo News. ___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
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Exhibit A
Chapter 14.28 Urban Lot Splits
14.28.010 Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
14.28.020 Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
14.28.030 Application.
A. Owners.
1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
2. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.
B. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
C. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
14.28.040 Approval.
A. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community Development Director, without discretionary review.
B. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel 155
map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
C. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
D. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
14.28.050 Requirements. An urban lot split must satisfy each of the following requirements:
A. Map Act Compliance.
1. The urban lot split must conform to all applicable requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”) and implementing requirements in this code, except as otherwise expressly provided in this section.
2. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
a. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
b. The city has all the remedies available to it under the SMA, including but not limited to the following:
i. An action to enjoin any attempt to sell, lease, or finance the property.
ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
iii. Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
iv. Record a notice of violation.
v. Withhold any or all future permits and approvals.
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3. Notwithstanding section 66411.1 of the SMA, no dedication of rights- of-way or construction of offsite improvements is required for an urban lot split.
B. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
C. Lot Location.
1. The lot to be split is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
i. been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to
the local jurisdiction, or
ii. meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
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i. Habitat for protected species.
j. Land under conservation easement.
2. The purpose of subpart 15.28.040C.1 above15.28.040C.1 above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
3. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.
4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
D. No Prior Urban Lot Split.
1. The lot to be split was not established through a prior urban lot split.
2. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
E. No Impact on Protected Housing.
1. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
2. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit 158
representing and warranting that subpart 15.28.040E.1 above is satisfied.
a. The sworn statement must state that:
i. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
ii. No housing that is subject to any form of rent or price control will be demolished or altered.
iii. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
iv. No housing that has been occupied by a tenant in the last three years will be demolished or altered.
b. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.] F. Lot Size.
1. The lot to be split must be at least 2,400 square feet.
2. The resulting lots must each be at least 1,200 square feet.
3. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
G. Easements.
1. The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
2. Each easement must be shown on the tentative parcel map.
3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart 14.28.040B above.
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4. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
H. Lot Access.
1. Each resulting lot must adjoin a public street right-of-way.
2. Each resulting lot must have frontage on the public street right-of-way of at least 10 feet.
I. Unit Standards.
1. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 15.14.080 of this code, an ADU, or a JADU
2. Unit Size.
a. The total floor area of each primary dwelling that is developed on a resulting lot must be
i. less than or equal to 800 square feet and
ii. more than 500 square feet.
b. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
c. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
3. Height Restrictions.
a. On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
b. On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any 160
portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
4. Lot Coverage. The maximum lot coverage is 75 percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
5. Setbacks.
a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b. Exceptions. Notwithstanding subpart 15.28.040I.5.a above:
i. Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and to the same dimensions as an existing legally established
structure.
ii. 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a
side or rear property line.
c. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 10 feet from the front property lines. The front setback areas must:
i. be kept free from all structures greater than three feet high;
ii. be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
iii. allow for vehicular and fire-safety access to the front structure.
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6. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either i. a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
ii. a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail
transit service, or
(ic) the intersection of two or more major bus
routes with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
b. The site is located within one block of a car-share vehicle location.
7. Architecture.
a. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. b. If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
c. All exterior lighting must be limited to down-lights. d. No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
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e. If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
8. Landscaping.
a. Tree Removal.
i. No mature tree may be removed on a lot with any
development under this chapter unless removal is
necessary to constructing a dwelling unit that must be
allowed under state law.
ii. “Mature tree” means a tree with a diameter of six inches or more or a height of eight feet or taller.
iii. A tree may only be removed under subparagraph
15.28.040I.8.a.i above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree. b. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not rights of way) as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24”-inch box size plant shall be provided for every ten linear feet of exterior wall.
ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6six feet in height may be installed.
iii. All landscaping must be drought-tolerant.
iv. All landscaping must be from the city’s approved plant list.
9. Nonconforming Conditions. An urban lot split may beis approved without requiring a legal nonconforming zoning condition to be corrected.
10. Utilities .
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a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
b. Notwithstanding paragraph 15.28.040I.10.a above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
c. All utilities must be underground.
11. Building & Safety . All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
J. Fire-Hazard Mitigation Measures.
1. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a. It must have direct access to a public street right-of-way with a paved street with a width of at least 40 feet. The public street right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
c. All enclosed structures on the site must have fire sprinklers. d. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.
2. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart 15.28.040J. The 164
city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
K. Separate Conveyance.
1. Within a resulting lot.
a. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. b. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
c. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. d. No timeshare, as defined by state law or this code, is permitted.
This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
2. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
L. Regulation of Uses.
1. Residential-only. No non-residential use is permitted on any lot created by urban lot split.
2. No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
3. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal 165
residence for a minimum of three years after the urban lot split is approved.
M. Notice of Construction.
1. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized,
b. The anticipated start and end dates for construction, c. The hours of construction,
d. Contact information for the project manager (for construction- related complaints), and
e. Contact information for the Building & Safety Department.
2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
N. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
2. Expressly prohibits any non-residential use of the lots created by the urban lot split.
3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4. States that:
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a. The lot is formed by an urban lot split and is therefore subject to the city’s urban lot-split regulations, including all applicable limits on dwelling size and development.
b. Development on the lot is limited to development of residential units under sections 15.10 and 15.14 of this code, except as required by state law.
15.28.050 Specific Adverse Impacts.
A. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
B. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
C. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
15.28.050 Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
Section 15.14.210 Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
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C. Application.
1. Owners.
a. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code
§ 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).
b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.
2. An application for a two-unit project must be submitted on the city’s approved form.
3. The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with the application.
4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
D. Approval.
1. An application for a two-unit project is approved or denied ministerially, by the Community Development Director, without discretionary review.
2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
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4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
E. Requirements. A two-unit project must satisfy each of the following requirements:
1. Map Act Compliance. The lot must have been legally subdivided.
2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
3. Lot Location.
a. The lot is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures
required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(ia) been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction, or
(ib) meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of
the National Flood Insurance Program.
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vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii.Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. The purpose of subpart 15.28.040C.1 above is merely to summarize the requirements of Government Code section
65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).) c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.
4. No Impact on Protected Housing.
a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
i. Housing that is income-restricted for households of
moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years
prior to submission of the two unit project application. iv. Housing that has been occupied by a tenant in the last three years.
b. As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.4.a above is satisfied.
i. The sworn statement must state that:
(ia) No housing that is income-restricted for
households of moderate, low, or very low
income will be demolished or altered.
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(ib) No housing that is subject to any form of rent
or price control will be demolished or altered.
(ic) No housing that has been withdrawn from
rental or lease under the Ellis Act at any time in
the last 15 years will be demolished or altered.
(id) No housing that has been occupied by a tenant
in the last three years will be demolished or
altered.
b. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this
requirement.]
B. Unit Standards.
1. Quantity.
a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
b. A lot that is not created by an urban lot split may have a two- unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.
2. Unit Size.
a. The total floor area of each primary dwelling built that is developed under this section must be
(ia) less than or equal to 800 square feet and
(ib) more than 500 square feet.
ii. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
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iii. A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
b. Height Restrictions .
i. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. ii. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure.
Any portion of a new primary dwelling that exceeds one
story must be stepped back by an additional five feet
from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
iii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. c. Demo Cap . The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
d. Lot Coverage . The maximum lot coverage is 75 percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
e. Setbacks .
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
ii. Exceptions. Notwithstanding subpart A1.e above:
(ia) Existing Structures. No setback is required
for an existing legally established structure or
for a new structure that is constructed in the
same location and to the same dimensions as
an existing legally established structure.
(ib) 800 sf; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to
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the degree necessary to avoid physically
precluding the construction of up to two units
on the lot or either of the two units from being
at least 800 square feet in floor area; but in no
event may any structure be less than four feet
from a side or rear property line.
ii. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this
section must be at least 10 feet from the front property lines. The front setback area must:
(ia) be kept free from all structures greater than
three feet high;
(ib) be at least 50 percent landscaped with
drought-tolerant plants, with vegetation and
irrigation plans approved by a licensed
landscape architect;
(ic) allow for vehicular and fire-safety access to the
front structure.
b. Parking . Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either
(ia) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
during peak commute hours or
(ib) a site that contains:
an existing rail or bus rapid transit station,
a ferry terminal served by either a bus or rail
transit service, or
the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
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ii. The site is located within one block of a car-share vehicle location.
b. Architecture .
i. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling
unit in exterior materials, color, and dominant roof pitch.
The dominant roof slope is the slope shared by the
largest portion of the roof.
ii. If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof pitch.
The dominant roof slope is the slope shared by the
largest portion of the roof.
iii. All exterior lighting must be limited to down-lights. iv. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a
direct line of sight.
v. If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
c. Landscaping . Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten
linear feet of exterior wall.
ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
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iii. All landscaping must be drought-tolerant.
iv. All landscaping must be from the city’s approved plant list.
d. Nonconforming Conditions . A two-unit project may only be approved if all nonconforming zoning conditions are corrected. e. Utilities .
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. ii. Notwithstanding paragraph A1.e.i above, a primary
dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with
this paragraph and the city’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
i. All utilities must be underground.
f. Building & Safety . All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
2. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
i. It must have direct access to a public street right-of-way with a paved street with a width of at least 40 feet. The public street right-of-way must have at least two
independent points of access for fire and life safety to access and for residents to evacuate.
ii. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
iii. All enclosed structures on the site must have fire sprinklers.
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iv. All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public street right- of-way or of an onsite fire hydrant or standpipe.
v. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per
dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart A2. The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the
application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
3. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. i. No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement
that gives an owner the right to exclusive use of the
property for a defined period or periods of time.
4. Regulation of Uses.
a. Residential-only . No non-residential use is permitted on the lot. b. No STRs . No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy . Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
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5. Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
i. Notice that construction has been authorized,
ii. The anticipated start and end dates for construction, iii. The hours of construction,
iv. Contact information for the project manager (for
construction-related complaints), and
v. Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
6. Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. e. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.
B Specific Adverse Impacts.
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1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
C Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
D Remedies. If a two-unit project violates any part of this code or any other legal requirement:
1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
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f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.
Section 15.22.190 Outdoor Dining
A. Applicability – General Provisions. Outdoor dining may be permitted as an accessory use subject to the provisions of this section if an administrative use permit is approved in accordance with AVMC 15.74.040.
B. Allowing an Increase in Outdoor Dining Area If an Exception Permit Is Approved. The area devoted to outdoor dining shall not exceed 1,000 square feet and shall be accessory to the main restaurant use. Outdoor dining area may be expanded to a maximum of 40 percent of the indoor floor area of the restaurant if an exception permit is approved pursuant to AVMC 15.74.070.
C. Required Findings. Before approving an application, the decision-making authority shall make the following findings in addition to those required in AVMC 15.74.040:
1. That the proposed outdoor dining is accessory to the eating and drinking establishment;
2. That the accessory outdoor dining area will not result in the reduction of existing parking spaces below that required for the restaurant use.
D. Required Conditions. Approval of an application to add or expand outdoor accessory dining shall include the following conditions:
1. The outdoor dining area shall be subject to the existing hours of operation, operational characteristics and conditions of any use permit applicable to the overall establishment;
2. Amplified live music shall not be permitted outdoors unless an exception permit is approved pursuant to AVMC 15.74.070.
Unamplified live music may be permitted if included as part of the outdoor dining administrative use permit;
3. All doors and windows leading to the outdoor dining area shall remain closed while indoor amplified music or live entertainment is being played;
4. Fences, walls, roofs or similar barriers shall serve only to define the outdoor dining area and shall not constitute a permanent all-weather enclosure;
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5. Any additional conditions the decision-making authority deems necessary or appropriate to ensure that operation of the outdoor dining area is consistent with the findings made at the time of approval.
E. Notwithstanding Subsection A through C, until January 1, 2024, any legally established restaurant may utilize up to 10 percent of their parking spaces for the establishment of outdoor dining with the approval of a Temporary Use Permit provided measures can be taken to protect the health, safety and welfare of diners and employees.
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ADOPTION OF AN URGENCY ORDINANCE AND
INITIATION OF CODE AMENDMENT TO MAKE THE
CITY’S LAND USE CODE CONSISTENT WITH SENATE
BILL 9 AND TO ADD OUTDOOR DINING PROVISIONS
April 20, 2022
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PURPOSE
SB 9 was one of several state housing bills signed into law this year
Went into effect on Jan. 1, 2022
Requires cities to allow:
Any single-family zoned lot to be split into two lots Up to two single-family dwellings on each newly created lot Prohibits discretionary review – No public hearings
Cities can regulate Lot Splits/Two-Unit Projects but only with objective standards necessary to protect public health and safety 182
SB 9 RULES FOR LOT SPLITS/2-UNIT PROJECTS
New lots must be fairly equal in size (60/40 split at most) Each new lot must be at least 1,200 SF in size
Lot split/Project must be in a single-family zone
Lot split/Project must be within urbanized area or urban cluster (includes SJC)
Lot split/Project cannot involve a historic landmark or be in a historic district
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SB 9 RULES FOR LOT SPLITS/2-UNIT PROJECTS
Lot cannot be split if lot owner or anyone acting in concert with owner previously split an adjacent parcel via SB 9 process Prohibits demolition of more than 25% of exterior walls of existing dwelling if occupied by a tenant in last 3 years
Lot split/Project cannot involve the demolition/alteration of:
Affordable housing
Rent-controlled housing
Housing occupied by a tenant in the past 3 years
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SB 9 RULES FOR LOT SPLITS/2-UNIT PROJECTS
Cities may only impose objective standards
Objective standards must allow 2 minimum 800 SF units/lot Non-residential use and short-term rentals must be prohibited No ROW dedications/off-site improvements may be required No correction of non-conforming conditions may be required Applicant must intend to occupy one of the units for at least 3 years following lot split
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SB 9 RULES FOR LOT SPLITS/2-UNIT PROJECTS
Cities must annually report number of SB 9 lot splits to state Can only require 1 parking space/unit and no parking if project located ½ mile walking distance from major transit
No CEQA review since approval is ministerial action
Cities may only deny a lot split if City Building Official determines project would have adverse impact on public health and safety or the physical environment and there’s no feasible, satisfactory mitigation
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SB 9 RULES FOR LOT SPLITS/2-UNIT PROJECTS
Lot Splits/Projects prohibited in the following areas:
Farmland, wetlands, hazardous waste sites, floodplains/floodways, earthquake fault zones
Within protected habitat, habitat preserves or conservation easement areas
Very High Fire Hazard Severity Zones only if lot complies w/ fire-safety measures
Lots that are split and developed with 4 units cannot have ADUs SB 9 does not affect HOA CC&Rs or private restrictive covenants 187
PROPOSED URGENCY ORDINANCE
Only individual property owners, not corporations, can apply Applicants responsible for all processing and development fees Applicants must enter into agreements w/ service providers Each lot must have at least 20’ of street frontage for access Each unit limited to 500-800 SF in size
Establishes height limit: 16’/1-story on lots 2,000 SF or larger & 22’/2-story on lots less than 2,000 SF
Projects must meet setbacks and lot coverage to extent two 800 SF units/lot can be built
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PROPOSED URGENCY ORDINANCE
Units must architecturally match existing unit and/or each other Front setback areas must be kept clear for fire access Units must provide privacy protection to adjacent homes (fencing, landscape, privacy glass)
Tree removal prohibited except to allow two 800 SF units per lot Each unit must have its own utility connection and utility lines must be underground
Units may not be owned or conveyed separately
Applicants must notify neighbors before construction commences Owner must record a deed restriction on the property
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PROPOSED NON-URGENCY ORDINANCE
The Urgency Ordinance also addresses Assembly Bill 61 which took effect on January 1, 2022
Cities must accommodate outdoor dining with proper social distancing due to COVID-19
Sunsets in 2024
Ordinance allows for up to 10% of parking area to be used for outdoor dining
Businesses currently permitted to operate with outdoor dining under the City’s Emergency Order will be addressed at the time the Order is removed
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RECOMMENDED ACTIONS
Conduct a public hearing;
Find that said actions are statutorily exempt from the California Environmental Quality Act (CEQA);
Adopt the proposed Urgency Ordinance;
Give first reading to the proposed ordinance.
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City of Aliso Viejo
AGENDA ITEM
DATE: April 20, 2022
TO: Mayor and City Council
FROM: David Doyle, City Manager
SUBJECT: CONSIDERATION OF REIMBURSEMENT OF CITY FEES FOR TASTE
OF ALISO NIGUEL EVENT
Recommended Action:
Discuss and provide direction to staff regarding reimbursement of the cost of City fees for Taste of Aliso Niguel event to Parents & Friends of Aliso Niguel High School (PFAN) in the amount of $509.53.
Fiscal Impact:
As normal course of business, the City collected the required Special Event fee and Banner fee from PFAN for the Taste of Aliso Niguel event. Approval of the reimbursement request would cost the City $509.53.
Background:
Each year PFAN, a nonprofit organization whose purpose is to raise money to benefit the students, student organizations, booster clubs, activities, departments, and facilities at Aliso Niguel High School, holds the Taste of Aliso Niguel, a fundraising special event.
The event will include food samples provided by local vendors, beer and wine sales, and a silent auction. The event will begin at 6:00 pm and conclude at 11:00 pm. The event organizers anticipate hosting over 1,000 residents and raising funds for student organizations and clubs.
Discussion:
At its last meeting Council directed staff to place this item on the next agenda for consideration.
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City of Aliso Viejo
AGENDA ITEM
DATE: April 20, 2022
TO: Mayor and City Council
FROM: Scott C. Smith, City Attorney
David Doyle, City Manager
Community Development Director
SUBJECT: ORDINANCE AND CITY COUNCIL POLICY REGARDING AFFORDABLE
HOUSING UNIT DOCUMENTATION
Recommended Actions:
1. Find that the Ordinance is not subject to the requirements of the California Environmental Quality Act for the following reasons:
a) The ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines because it has no potential for resulting in direct or indirect physical change in the environment.
b) The ordinance is exempt under Section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that this code amendment will have a significant effect on the environment;
2. Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING CHAPTER 3.18
TO THE ALISO VIEJO MUNICIPAL CODE REGARDING AFFORDABLE HOUSING
UNIT REPORTING AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; and
3. Adopt a City Council Policy regarding affordable housing unit documentation.
Fiscal Impact:
Indeterminate. Direct costs to the City will depend on the number of instances where households do not submit the required documentation and the direction provided by the City Council (as applicable) in each case regarding enforcement. 193
Background:
Southern California is experiencing a housing crisis, especially with regard to housing for very low and low income households (collectively “Low Income Households”). The City actively creates, increases, and preserves affordable housing opportunities by: (1) conditioning City entitlements for housing developments with a percentage of units affordable to Low Income Households; and (2) extending loans to qualifying Low Income Households to facilitate the purchase of a home (often referred to as an “affordable housing subsidy”).
These designated units are typically governed by an affordability covenant, resale restriction, or other agreement that restricts future tenants or purchasers to qualifying Low Income Households. They carry annual reporting requirements regarding household income and proof of occupancy. Most households comply with their reporting responsibility, but occasionally some do not.
Timely and accurate household information helps the City comply with State reporting obligations and ensures that the City’s affordable units remain occupied by qualifying households. Research by City staff determined that neither the Aliso Viejo Municipal Code (“Code”) nor any City Council policy specifically addresses affordable housing reporting requirements.
Discussion:
Attached for the Council’s consideration are an Ordinance (Attachment 1) and City Council policy (Attachment 2) governing the timely submission of affordable housing unit documentation. A brief overview of each item is provided below.
Ordinance
The Ordinance adds a new Chapter 3.18 to the Aliso Viejo Municipal Code requiring any person owning, occupying, or leasing property subject to an “Affordable Housing Agreement” to submit timely verification of income or occupancy required under their Affordable Housing Agreement. The Ordinance defines the term “Affordable Housing Agreement” broadly to cover “any City-executed agreement regulating the operation and maintenance of property that restricts the sale or occupancy thereof to specified households at a specified price or rent.” Examples would include an affordable housing resale restriction, affordability covenant, or housing agreement.
Staff recommends the City Council adopt this Ordinance as a means to both incentivize households to comply with reporting responsibilities and to provide City staff with an additional tool to ensure compliance. Violations of this new Chapter would be cite-able as misdemeanors.
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City Council Policy
The Policy applies in instances where any person owning, occupying, or leasing property subject to an Affordable Housing Agreement 1 fails to submit required income or occupancy verification. In such cases, the Policy directs City staff to proceed as follows:
1. Initial Notice. Staff shall mail the household an initial delinquency notice (“Initial Notice”) via certified mail with return receipt requested. The Initial Notice shall specify the outstanding documentation and provide the household with 14 calendar days -- from the date of mailing -- to submit said documentation. Staff shall proceed to Step 2 below if the household does not timely submit the outstanding documentation.
2. Notice of Default. Staff shall mail the household a notice of default (“Default Notice”) in accordance with the procedures set forth in the operative Affordable Housing Agreement. Except to the extent that the Affordable Housing Agreement provides otherwise, the Default Notice shall be mailed via certified mail with return receipt requested and provide the household with 30 calendar days -- from the date of mailing -- to submit the outstanding documentation.
3. Referral to City Attorney’s Office. If the household does not timely submit the outstanding documentation after Steps 1 and 2 above, staff shall refer the matter to the City Attorney’s Office. The City Attorney’s Office shall analyze the matter and provide an overview to the City Council regarding the City’s enforcement options and opportunities to recover enforcement costs. 2 Such overview shall be provided at the next available City Council meeting. Enforcement options may include imposing fines (in accordance with the Ordinance), a lawsuit for specific performance, foreclosure, or any other available remedy provided in the Affordable Housing Agreement.
Staff recommends the City Council adopt this Policy as it will provide staff with an established framework and timeline for addressing violations of affordable housing reporting requirements.
Attachments:
1. Ordinance
2. City Council Policy
1 The Ordinance and Policy have identical definitions for “Affordable Housing Agreement.” 2 Enforcement cost recovery is primarily addressed contractually between the City and the household. For instance, the City’s Affordable Housing Resale Restriction (for a property on Playa Circle) provides that in the event that any action is instituted to enforce payment or performance under the restriction, the non-prevailing party is “responsible for and shall pay all costs and attorneys’ fees incurred” by the prevailing party in enforcing the restriction. 195
ORDINANCE NO. 2022-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA ADDING CHAPTER 3.18 TO THE ALISO VIEJO
MUNICIPAL CODE REGARDING AFFORDABLE HOUSING UNIT
REPORTING AND FINDING THE ORDINANCE NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Southern California region is experiencing a housing crisis, especially in providing housing affordable to very low and low income households (collectively “Low Income Households”); and
WHEREAS, the City of Aliso Viejo (“City”) actively creates, increases, and preserves affordable housing opportunities; and
WHEREAS, the City’s efforts in this sphere include: (1) conditioning City entitlements for housing developments with a percentage of units affordable to Low Income Households; and (2) extending loans to qualifying Low Income Households to facilitate the purchase of a home (often referred to as an “affordable housing subsidy”); and WHEREAS, these designated units are typically governed by an affordability covenant, resale restriction, or other agreement that restricts future tenants or purchasers to qualifying Low Income Households and establishes annual reporting requirements regarding household income and/or proof of occupancy;1 and WHEREAS, most households comply with their reporting responsibility, but occasionally some do not; and
WHEREAS, timely and accurate household information helps the City comply with State reporting obligations and ensures that the City’s affordable units remain occupied by qualified households; and
WHEREAS, the Aliso Viejo Municipal Code (“Code”) does not currently regulate affordable housing reporting requirements; and
WHEREAS, this Ordinance adds a provision to the Code that requires households to submit any income or occupancy verification requested by the City in accordance with an affordable housing agreement (which is defined to include any City-executed resale restriction, affordability covenant, or housing agreement); and WHEREAS, this Code amendment is intended to incentivize households to comply with their reporting responsibilities and to provide City staff with an additional tool for ensuring compliance with them;
1 Common terms for these affordability covenants and resale restrictions range from 30 – 55 years. 196
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WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
SECTION 1 . Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are incorporated herein.
SECTION 2. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The Ordinance simply regulates documentation that must be submitted to the City. In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance merely regulates documentation that must be submitted to the City; it will not result in any development or in any new activity with the potential to impact the environment.
SECTION 3. Code Amendment. Chapter 3.18 (Reporting for Affordable Housing Units) is hereby added to the Aliso Viejo Municipal Code to read in its entirely as follows:
“3.18.010 Definitions
The following words shall have the meaning indicated when used in this chapter:
“Affordable Housing Agreement” means any effective, City-executed agreement regulating the operation and maintenance of property and restricting the sale or occupancy thereof to specified households at a specified price or rent. Examples include, but are not limited to an: affordable housing resale restriction, affordability covenant, or housing agreement.
“City” means the City of Aliso Viejo, California.
3.18.020 Reporting for Affordable Housing Units
It is unlawful for any person owning, occupying, or leasing property subject to an Affordable Housing Agreement to fail to submit any verification of income or occupancy requested by the City in accordance with the Affordable Housing Agreement.”
SECTION 4 . Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid 197
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provision or application, and to this end the provisions of this Ordinance are severable.
The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. Effective Date . This Ordinance shall take effect 30 days after its adoption.
SECTION 6. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within 15 days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
SECTION 7. Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which these findings are based are located at Aliso Viejo City Hall, 12 Journey, Aliso Viejo, California 92656. The City Clerk is the custodian of the record of proceedings.
PASSED, APPROVED AND ADOPTED this ____ day of _________, 2022, by the City Council of the City of Aliso Viejo, California.
_____________________________________
Ross Chun, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ _____________________________________ Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 198
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022-___ was duly passed and adopted by the City Council of the City of Aliso Viejo at its regular meeting held on the ____day of _______, 2022, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
60367.01100\34884568.2
199
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
ENFORCEMENT POLICY - AFFORDABLE HOUSING
UNIT DOCUMENTATION
POLICY NO.
100-__
EFF. DATE PAGE
1 of 2
BACKGROUND
Southern California is experiencing a housing crisis, especially with regard to housing for very low and low income households (collectively “Low Income Households”). The City actively creates, increases, and preserves affordable housing opportunities by: (1) conditioning City entitlements for housing developments with a percentage of units affordable to Low Income Households; and (2) extending loans to qualifying Low Income Households to facilitate the purchase of a home (often referred to as an “affordable housing subsidy”).
These designated units are typically governed by an affordability covenant, resale restriction, or other agreement that restricts future tenants or purchasers to qualifying Low Income Households. They carry annual reporting requirements regarding household income and proof of occupancy. Most households comply with their reporting responsibility, but occasionally some do not.
Timely and accurate household information helps the City comply with State reporting obligations and ensures that the City’s affordable units remain occupied by qualified households.
PURPOSE
This Policy establishes procedures governing how the City will address instances where households do not comply with required reporting requirement. The City’s diligent attention to, and enforcement of, this requirement will facilitate the City’s compliance with State reporting obligations and ensure the City’s affordable units remain occupied by qualified households.
POLICY
If any person owning, occupying, or leasing property subject to an Affordable Housing Agreement 1 does not submit an income and/or occupancy verification requested by the City, then City staff shall proceed as follows:
1. Initial Notice. Staff shall mail the household an initial delinquency notice (“Initial Notice”) via certified mail with return receipt requested. The Initial Notice shall specify the outstanding documentation and provide the household with 14 calendar days—from the date of mailing—to
1 For purposes of this Policy, the term “Affordable Housing Agreement” means any effective, City-executed agreement regulating the operation and maintenance of property and restricting the sale or occupancy thereof to specified households at a specified price or rent. Examples include, but are not limited to an: affordable housing resale restriction, affordability covenant, or housing agreement.
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City of Aliso Viejo
COUNCIL POLICY
SUBJECT
ENFORCEMENT POLICY - AFFORDABLE HOUSING
UNIT DOCUMENTATION
POLICY NO.
100-__
EFF. DATE PAGE
2 of 2
submit said documentation. Staff shall proceed to Step 2 below if the household does not timely submit the outstanding documentation.
2. Notice of Default. Staff shall mail the household a notice of default (“Default Notice”) in accordance with the procedures set forth in the operative Affordable Housing Agreement.
Except to the extent that the Affordable Housing Agreement provides otherwise, the Default Notice shall be mailed via certified mail with return receipt requested and provide the household with 30 calendar days—from the date of mailing—to submit the outstanding documentation.
3. Referral to City Attorney’s Office. If the household does not timely submit the outstanding documentation after Steps 1 and 2 above, staff shall refer the matter to the City Attorney’s Office. The City Attorney’s Office shall analyze the matter and provide an overview to the City Council at its first available meeting regarding the City’s enforcement options and opportunities to recover enforcement costs. Enforcement options may include, among other things, imposing fines, suing for specific performance, pursuing foreclosure, or any other available remedy provided in the Affordable Housing Agreement.
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City of Aliso Viejo
AGENDA ITEM
DATE: April 20, 2022
TO: Mayor and City Council
FROM: Scott C. Smith, City Attorney
David Doyle, City Manager
SUBJECT: ORDINANCE REGARDING TRANSIENT LODGING OCCUPANT
REGISTRATION
Recommended Actions:
1. Find that the Ordinance is not subject to the requirements of the California Environmental Quality Act for the following reasons:
a) The Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines because it has no potential for resulting in direct or indirect physical change in the environment;
b) The Ordinance is exempt under Section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that the code amendments therein will have a significant effect on the environment; and
2. Introduce for first reading an Ordinance entitled: ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA AMENDING CHAPTERS
3.06 AND 15.18 OF THE ALISO VIEJO MUNICIPAL CODE REGARDING
TRANSIENT LODGING OCCUPANT REGISTRATION AND FINDING THE
ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:
The Ordinance will ensure that hotel occupants in the City retain their transient status and the City continues to receive transient occupancy tax (“TOT”) revenue.
Background:
The City’s General Plan and Zoning Ordinance make clear distinctions between residential and commercial zones. Residential zones are zones where long-term residency is appropriate based on the distinct nature of residential environs and the 202
availability of resident-serving infrastructure such as schools, parks, public safety, and community services. Conversely, commercial zones are zones where long-term residency is inappropriate based on the lack of services, the incompatibility of long-term residency with commercial environs, and the impairment of long-term residential occupation with the zoning’s underlying goals of enhancing and preserving the City’s tax base—particularly from sales tax and transient occupancy tax (“TOT”).
Hotel uses and TOT are essential to the City’s fiscal health and were subject to City incentives and negotiations memorialized in development agreements between the City and property owners/developers. Long-term residential uses in commercial zones creates land use incompatibilities and impairs the City’s return on its fiscal investment made by entering into development agreements that contemplated hotels as the consideration given thereunder.
Section 3.06.020 of the Aliso Viejo Municipal Code (“AVMC”) imposes a 10 percent TOT on each guest who occupies a hotel 1 room for a period of 30 days or less. TOT is a general tax, the proceeds of which are deposited into the City’s general fund. The general fund pays for essential services in the City, including but not limited to law enforcement, fire protection and street operations and maintenance.
Discussion:
Section 3.06.010 of the AVMC requires guests residing in a hotel longer than 30 days to re-register with the hotel at the expiration of the 30-day period. The proposed Ordinance (Attachment 1) builds on Section 3.06.010 by adding a new Section 3.06.045 (Transient Registration), amending Section 3.06.300 (Violations), and amending Table 15.18.020 (Nonresidential Districts). Collectively, these AVMC amendments will further strengthen the City’s TOT framework by ensuring that hotel occupants retain their transient status and the City continues to receive TOT revenue. A brief overview of this Ordinance’s AVMC amendments is provided below.
Chapter 3.06 – Transient Occupancy Tax
The Ordinance includes two amendments to Chapter 3.06 (Transient Occupancy Tax).
The first amendment adds a new section 3.06.045, which is focused on hotel operators.
The new section 3.06.045 will read as follows:
“Section 3.06.045 Transient Registration
It is unlawful for any operator of a hotel subject to the tax imposed by this chapter to register any person as an occupant for a period longer than 30 consecutive calendar days. Any person whose occupancy might otherwise exceed 30
1 “Hotel” within the TOT context is defined broadly to include, among other things, “…any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house…” (See AVMC, Section
3.06.010).
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consecutive calendar days shall be checked-out and re-registered by the operator every 30 days.”
The second amendment to Chapter 3.06 revises section 3.06.300’s penalty provisions to include violations of the new section 3.06.045 (above). Upon adoption of this Ordinance, any violation of section 3.06.045 will be a misdemeanor, punishable by criminal fines corresponding to misdemeanor violations of the AVMC and civil fines equal to the tax that would have applied to the occupancy in excess of 30 days.
Chapter 15.18 – Nonresidential Districts
As noted above, this Ordinance also amends Table 15.18.020,which sets forth the permitted uses in the City’s nonresidential zoning districts. Specifically, this Ordinance amends Table 15.18.020’s transitory lodging use entries (e.g., hotels and motels) to specify that establishments that allow occupants to register for periods longer than 30 consecutive days are not permitted in any zoning district. Upon adoption of this Ordinance, these entries in Table 15.18.020 will read as follows:
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Staff recommends adopting this Ordinance, which will further strengthen the City’s TOT framework by ensuring that hotel occupants retain their transient status and the City continues to receive TOT revenue. Adopting this Ordinance will also further the City’s land use and fiscal goals by advancing the General Plan’s land use goals of providing services and facilities for residential uses as well as its fiscal goals set forth above.
Public Notice:
This item was publicly noticed in accordance with California law and the City’s normal agenda procedures.
Attachment:
1. Ordinance
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60367.00100\34984463.4
ORDINANCE NO. 2022-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA AMENDING CHAPTERS 3.06 AND 15.18 OF THE
ALISO VIEJO MUNICIPAL CODE REGARDING TRANSIENT LODGING
OCCUPANT REGISTRATION AND FINDING THE ORDINANCE NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Aliso Viejo’s (“City”) General Plan and Zoning Ordinance make clear distinctions between: (1) residential zones -- where long-term residency is appropriate based on the distinct nature of residential environs and the availability of resident-serving infrastructure such as schools, parks, public safety, and community services and (2) commercial zones -- where long-term residency is inappropriate based on the lack of these services, the incompatibility of long-term residency with commercial environs, and the impairment of long-term residential occupation with the zoning’s underlying goals of enhancing and preserving the City’s tax base, particularly from sales tax and transient occupancy tax (“TOT”); and
WHEREAS, hotel uses and the TOT are essential to the City’s fiscal health and were subject to City incentives and negotiations memorialized in development agreements between the City and property owners/developers; and
WHEREAS, long-term residential uses in commercial zones creates land use incompatibilities and impairs the City’s return on its fiscal investment made by entering into development agreements that contemplated hotels as the consideration given thereunder; and
WHEREAS, in accordance with California Revenue and Taxation Section Code 7280 et seq., Section 3.06.020 of the Aliso Viejo Municipal Code (“AVMC”) imposes a 10 percent transient occupancy tax (i.e., TOT) on each guest who occupies a hotel 1 room for a period of 30 days or less; and
WHEREAS, TOT is a general tax, the proceeds of which are deposited into the City of Aliso Viejo’s (“City”) general fund. The general fund pays for essential services in the City, including but not limited to law enforcement, fire protection and street operations and maintenance; and
WHEREAS, AVMC Section 3.06.010 requires guests residing in a hotel longer than 30 days to re-register with the hotel at the expiration of the 30 day period, thus maintaining their transient status; and
WHEREAS, this Ordinance furthers the City’s land use and fiscal goals by advancing the General Plan’s land use goals of providing services and facilities for residential uses as
1 “Hotel” within the TOT context is defined broadly to include, among other things, “…any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house…” (See AVMC, Section
3.06.010).
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60367.00100\34984463.4
well as its fiscal goals mentioned above by: (1) prohibiting hotel operators from registering any person as an occupant for a period longer than 30 consecutive calendar days; and (2) requiring hotel operators to check-out and re-register an occupant every 30 days; and WHEREAS, the forging will ensure that hotel occupants retain their transient status and the City continues to receive TOT revenue; and
WHEREAS, Table 15.18.020 in AVMC Section 15.18.020 sets forth the permitted uses in the City’s nonresidential zoning districts; and
WHEREAS, this Ordinance amends Table 15.18.020’s transitory lodging use entries (e.g., hotels and motels) to specify that establishments that allow occupants to register for periods longer than 30 consecutive days are not permitted in any zoning district; and WHEREAS, the City Council conducted a public hearing to consider the Ordinance in accordance with AVMC Chapter 15.78 and California Government Code Section 65854 ; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
SECTION 1 . Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are incorporated herein.
SECTION 2. CEQA. The City Council hereby finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) It simply regulates occupant registration at transitory lodgings (e.g., hotels and motels). In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply regulates occupant registration at transitory lodgings; it will not result in any development or in any new activity with the potential to impact the environment.
SECTION 3. Required Zoning Code Amendment Findings. In accordance with AVMC Section 15.78.050(E), after receiving public testimony, reviewing the evidence submitted by staff and discussing the Ordinance, the City Council hereby makes the following findings:
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