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.
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:
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
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
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.
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.