By statute, a number of actions and decisions must be made by the City Council in order for the City to hold a consolidated General Municipal Election. The City Clerk, as Elections Official, has prepared the attached resolutions for City Council consideration, which will call the election, request consolidation with the County and establish necessary guidelines.
Discussion:
The City of Aliso Viejo holds its General Municipal Election on the same day as the Statewide General Election. This year, the date is November 8, 2022. The election will be consolidated with the County of Orange and the Registrar of Voters will be asked to conduct the election on behalf of the City. The election services provided by the Registrar of Voters include the printing and mailing of ballots, opening and closing of vote centers, counting of ballots, canvassing of returns and all other proceedings incidental to and connected with the City’s General Municipal Election.
In order to initiate the administration of the General Municipal Election as required by the Elections Code, Staff is requesting City Council consideration of the attached resolutions.
Once adopted, the resolutions with be forwarded to the Clerk of the Board of Supervisors for the Board’s approval, with a copy to the Registrar of Voters. The resolutions are as follows:
1. Calling for the Holding of a General Municipal Election on Tuesday, November 8, 2022 (Attachment 1)
The Elections Code provides that the City Council shall adopt a resolution calling the election. Attached is a resolution calling for the holding of a General Municipal Election in the City of Aliso Viejo on November 8, 2022, for the election of two (2) Members of the City Council for the full term of four (4) years, and submission to the voters the following question, as provided for by Resolution No. 2021-32, adopted by the city Council on December 1, 2021:
Shall an ordinance be adopted by the City of Aliso Viejo to limit consecutive years of service by members of the City Council to a combined total of two four-year terms with the ability to again serve as a member after a lapse of service of at least two years? YES
NO
2. Requesting the County of Orange to Consolidate the General Municipal Election with the Statewide General Election (Attachment 2)
The Elections Code provides that the City Council may, by resolution, request that the County Board of Supervisors permit the County Elections Official to render specified services to the City relating to the conduct of an election. The City Clerk will work closely with the Orange County Registrar of Voters for election services.
3. Adopting Regulations Pertaining to the Candidate Statements (Attachment 3) 277
The Elections Code provides that the City Council adopt regulations pertaining to the statement prepared by any candidate for the General Municipal Election and to determine whether a charge shall be levied to cover the actual costs of such statement.
The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words about the candidate’s education and qualifications as expressed by the candidate. The City Council may authorize an increase in the limitation of words for the statement from 200 to 400 words. Historically, the City of Aliso Viejo has not authorized the word increase. Staff recommends authorizing the 200-word limit for this election to avoid increased costs for the statements.
It is recommended that any candidate who chooses to submit a candidate statement pay for the costs of translating, printing, and mailing of the statement. Upon submission of nomination papers, candidates would be required to submit a deposit to the City for this purpose. An estimate is calculated by the County based on the number of registered voters, page formatting and the number of pages of the sample ballot and will be provided to the candidate during the nomination process. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the Orange County Registrar of Voters.
Staff recommends that the City Council adopt the resolutions regarding the upcoming General Municipal Election to be held on November 8, 2022, and direct staff to work with the Orange County Registrar of Voters on election activities.
Attachments:
1. Resolution calling the General Municipal Election
2. Resolution requesting consolidation
3. Resolution adopting candidate statement regulations
278
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION
TO THE VOTERS A QUESTION RELATING TO ESTABLISHING TERM
LIMITS FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers; and
WHEREAS, the City Council also desires to submit to the voters at the election a question relating to establishing term limits for Members of the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Aliso Viejo, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two (2) Members of the City Council for the full term of four (4) years.
Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question, as provided for by Resolution No. 2021-32, adopted by the City Council on December 1, 2021:
Shall an ordinance be adopted by the City of Aliso Viejo to limit consecutive years of service by members of the City Council to a combined total of two four-year terms with the ability to again serve as a member after a lapse of service of at least two years? YES
NO
Section 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A.
Section 4. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast.
Section 5. That the ballots to be used at the election shall be in form and content as required by law.
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Section 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 7. That the vote centers for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the vote centers shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.
Section 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Section 10. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Orange Registrar of Voters, the City Council, in accordance with Election Code § 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
Section 11. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 12. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED this 1st day of June, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 280
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 the foregoing is the original of Resolution No. 2022-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 1st day of June, 2022, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
281
EXHIBIT “A”
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF ALISO VIEJO, CALIFORNIA,
AMENDING THE ALISO VIEJO MUNICIPAL CODE TO ADD SECTION
2.04.125 REGARDING COUNCILMEMBER TERM LIMITS, SUBJECT
TO THE APPROVAL OF THE ELECTORS VOTING ON THE MEASURE
IN THE GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 8,
2022
NOW THEREFORE, THE PEOPLE OF THE CITY OF ALISO VIEJO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 1. Term Limits
Pursuant to Government Code section 36502, subdivision (b) and subject to the approval of a majority of the voters of the City of Aliso Viejo, the Aliso Viejo Municipal Code is hereby amended to add section 2.04.125, Term Limits, to chapter 2.04, City Council, of title 2, Administration and Personnel to read as follows:
2.04.125 Term Limits
A. No person shall be eligible to serve as a member of the City Council for more than two consecutive four-year terms following the adoption of this ordinance commencing with the, and including those persons elected to serve as a member of the City Council in the November 8, 2022 election. Notwithstanding the foregoing, any person who is appointed by the City Council or elected to fill a vacant office of a member of the City Council for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination and election for two consecutive four-year terms thereafter.
B. Any person who shall be ineligible for election, appointment, or further services as a member of the City Council due to the limitation set forth in subsection A of this section, shall again be eligible for election or appointment as a member of the City Council, and a new period of consecutive years of service shall commence, provided that at least two years has or will have elapsed between the most recent date of such person’s prior service as a member of the City Council and the effective date of such person’s most recent election or appointment to such office.
C. The phrase “two years” as used in subsection B of this section shall mean the period between the date of the declaration of the results of any general municipal election held in November of an even numbered year and the date of the declaration of the results of any general municipal election held in November of 282
any immediately preceding or immediately succeeding even-numbered year, even though such period may be more or less than an actual period of two years.
Section 2. Voter Approval, Prospective Application, and Effective Date Except as provided in section 3 below, this ordinance shall take effect if approved by a majority of the eligible voters of the City of Aliso Viejo voting in the general election held on Tuesday, November 8, 2022, and shall only apply prospectively beginning with the terms of members of the City Council that start after the November 8 election. If so approved, this ordinance becomes effective 10 days after the City Council declares and certifies the results of the election by resolution.
Section 3. 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 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 4. Publication
The City Clerk is hereby directed to publish this ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of Aliso Viejo.
I certify that Ordinance No. ____ was adopted by the electorate of the City of Aliso Viejo at the general election held on November 8, 2022. This ordinance was adopted as a result of the passage of Measure ____. Please refer to Resolution No. ____ for the recitation of the election results.
Mitzi Ortiz, MMC
City Clerk
283
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Aliso Viejo (“City”) called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of two (2) Members of the City Council for the full term of four (4) years; and WHEREAS, the City Council is submitting to the voters the questions relating to establishing term limits for Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City, the precincts, vote centers and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of two (2) Members of the City Council for the full term of four (4) years.
Section 2. That a measure is to appear on the ballot as follows:
Shall an ordinance be adopted by the City of Aliso Viejo to limit consecutive years of service by members of the City Council to a combined total of two four-year terms with the ability to again serve as a member after a lapse of service of at least two years? YES
NO
Section 3. That the proposed complete text of the measure submitted tot eh voters is attached as Exhibit A.
Section 4. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast.
284
Section 5. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
Section 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
Section 7. That the City of Aliso Viejo recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
Section 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange.
Section 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 1st day of June, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 285
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 the foregoing is the original of Resolution No. 2022-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 1st day of June, 2022, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
286
EXHIBIT “A”
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF ALISO VIEJO, CALIFORNIA,
AMENDING THE ALISO VIEJO MUNICIPAL CODE TO ADD SECTION
2.04.125 REGARDING COUNCILMEMBER TERM LIMITS, SUBJECT
TO THE APPROVAL OF THE ELECTORS VOTING ON THE MEASURE
IN THE GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 8,
2022
NOW THEREFORE, THE PEOPLE OF THE CITY OF ALISO VIEJO DO ORDAIN AS FOLLOWS:
Section 1. Term Limits
Pursuant to Government Code section 36502, subdivision (b) and subject to the approval of a majority of the voters of the City of Aliso Viejo, the Aliso Viejo Municipal Code is hereby amended to add section 2.04.125, Term Limits, to chapter 2.04, City Council, of title 2, Administration and Personnel to read as follows:
2.04.125 Term Limits
A. No person shall be eligible to serve as a member of the City Council for more than two consecutive four-year terms following the adoption of this ordinance commencing with the, and including those persons elected to serve as a member of the City Council in the November 8, 2022 election. Notwithstanding the foregoing, any person who is appointed by the City Council or elected to fill a vacant office of a member of the City Council for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination and election for two consecutive four-year terms thereafter.
B. Any person who shall be ineligible for election, appointment, or further services as a member of the City Council due to the limitation set forth in subsection A of this section, shall again be eligible for election or appointment as a member of the City Council, and a new period of consecutive years of service shall commence, provided that at least two years has or will have elapsed between the most recent date of such person’s prior service as a member of the City Council and the effective date of such person’s most recent election or appointment to such office.
C. The phrase “two years” as used in subsection B of this section shall mean the period between the date of the declaration of the results of any general municipal election held in November of an even numbered year and the date of the declaration of the results of any general municipal election held in November of 287
any immediately preceding or immediately succeeding even-numbered year, even though such period may be more or less than an actual period of two years.
Section 2. Voter Approval, Prospective Application, and Effective Date Except as provided in section 3 below, this ordinance shall take effect if approved by a majority of the eligible voters of the City of Aliso Viejo voting in the general election held on Tuesday, November 8, 2022, and shall only apply prospectively beginning with the terms of members of the City Council that start after the November 8 election. If so approved, this ordinance becomes effective 10 days after the City Council declares and certifies the results of the election by resolution.
Section 3. 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 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 4. Publication
The City Clerk is hereby directed to publish this ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of Aliso Viejo.
I certify that Ordinance No. ____ was adopted by the electorate of the City of Aliso Viejo at the general election held on November 8, 2022. This ordinance was adopted as a result of the passage of Measure ____. Please refer to Resolution No. ____ for the recitation of the election results.
Mitzi Ortiz, MMC
City Clerk
288
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022
WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of a local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. General Provisions. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Aliso Viejo on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk.
The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed electronically and in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 2. Foreign Language Policy.
A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Orange. The County is required to translate candidate statements into the following languages:
Spanish, Korean, Chinese, and Vietnamese.
B. The County will print and mail voter information guides and candidate statements to all voters in Spanish, Korean, Chinese, and Vietnamese to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guide and candidate statements in the required languages available at all vote centers, on the County’s website, and in the Election Official’s office.
Section 3. Payment.
289
A. Translations:
1. The candidate shall be required to pay for the cost of translating the candidate statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and/or State law.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidate statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
Section 4. Miscellaneous.
A. All translations shall be provided by professionally-certified translators.
B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
Section 5. Additional Materials. No candidate will be permitted to include additional materials in the voter information guide.
Section 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
Section 7. That all previous resolutions establishing Council policy on payment for candidate statements are repealed.
290
Section 8. That this resolution shall apply only to the election to be held on Tuesday, November 8, 2022, and shall then be repealed.
Section 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 1st day of June, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 291
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 the foregoing is the original of Resolution No. 2022-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 1st day of June, 2022, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
292
City of Aliso Viejo
AGENDA ITEM
DATE: June 1, 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. Open the public hearing, take any public testimony, and close the public hearing;
2. 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
3. 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. 293
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 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:
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).
294
“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 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:
295
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
296
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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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 foregoing 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, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO ORDAINS 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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1. General Plan Consistency. This Ordinance’s amendments to Zoning Code (Title 15) of the Aliso Viejo Municipal Code are consistent with the City’s adopted General Plan for the reasons set forth below:
A. General Plan Land Use Policy LU-1.6 provides, among other things, that the City should support development of hotel land uses as a means to increase City revenues. This Ordinance regulates such uses by prohibiting operators thereof from allowing any person to register as an occupant for a period longer than 30 consecutive calendar days. Complying with this requirement will ensure that guests’ stays remain transient and do not circumvent the City’s transient occupancy tax requirements. Collectively, this is intended to maximize the availability of hotel rooms for transient visitors and ensure that the City continues to receive transient occupancy tax revenue. For these reasons, this Ordinance is consistent with General Plan Land Use Policy LU-1.6.
B. General Plan Implementation Program No. I-1, which directs the City to prepare, adopt, and implement a Zoning Ordinance consistent with State law to establish permitted densities, intensities, and uses within Aliso Viejo. This Ordinance amends the City’s Zoning Code to clarify that the only hotels, motels, and bed and breakfast inns permitted in the City are those that do not allow any person to register as an occupant for a period longer than 30 consecutive calendar days. Complying with this requirement will ensure that these lodging uses collect and remit transient occupancy tax to the City in accordance with State law (see Revenue and Taxation Code Section 7280(a).) For these reasons, this Ordinance is consistent with General Plan Implementation Program No. I-1.
2. Public Welfare. The City Council hereby finds that this Ordinance’s amendments to the Zoning Code (Title 15) will not create conditions materially detrimental to the public healt h, safety, and general welfare; the amendments simply regulate occupant registration at transitory lodgings.
SECTION 5 . Code Amendment . Section 3.06.045 is hereby added to Title 3 (Transient Occupancy Tax) of the Aliso Viejo Municipal Code and shall read in its entirety as follows:
“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 consecutive calendar days shall be checked-out and re-registered by the operator every 30 days.”
299
SECTION 6 . Code Amendment. Section 3.06.300 of Title 3 of the Aliso Viejo Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):
“3.06.300 Violations – Misdemeanor
A. Any operator or other person who:
1. Knowingly or willfully fails or refuses to remit taxes due under this chapter to the tax administrator prior to the time of delinquency as specified in AVMC 3.06.060 through 3.06.080;
2. Who willfully fails or refuses to register as required;
3. Who willfully fails to furnish any return required to be made;
4. Who fails or refuses to furnish a supplemental return or other data required by the tax administrator; or
5. Who renders a false or fraudulent return; or or claim is guilty of a misdemeanor.
6. Who fails to check-out and re-register occupants in accordance with AVMC 3.06.045 is guilty of a misdemeanor, punishable by criminal fines corresponding to misdemeanor violations of this code and civil fines equal to the tax that would have applied to the occupancy in excess of 30 days.
B. Any person required to make, render, sign or verify any report or claim who does so with the intent to defeat or evade the determination of any amount due under this chapter is guilty of a misdemeanor.”
SECTION 7. Code Amendment. The “Lodging Uses” rows in Table 15.18.020 of Section 15.18.020 of Title 15 (Zoning Code) of the Aliso Viejo Municipal Code are hereby amended to read as follows (additions shown in underline):
300
“Table 15.18.020:
Permitted Uses in Nonresidential Districts
Land Use
CT
Town Center
Commercial
CC
Community
Commercial
CN
Neighborhood
Commercial
PO
Professional
Office
BP-1
Business
Park – 1
BP-2
Business
Park – 2
…
Lodging Uses:
Alcoholic beverage sales,
for on- or off-premises
consumption, subject to
AVMC 15.22.200
AUP AUP AUP AUP AUP AUP
Hotels and bed and
breakfast inns 1 C NP NP C C C
Motels 1 NP NP NP NP C C
1 Hotels, bed and breakfast inns, and motels that allow persons to register as occupants for periods longer than 30 consecutive calendar days are not permitted (NP) in any district.
Office, Retail and Service
Uses:
...”
SECTION 8 . 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 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 9. Effective Date . This Ordinance shall take effect 30 days after its adoption.
SECTION 10. 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.
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SECTION 11. 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. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 302
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 ____ day of ________, 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 __________, 2022 and that the Summary of the Ordinance was published on ________ and ________ in the Laguna Niguel News.
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
303
City of Aliso Viejo
AGENDA ITEM
DATE: June 1, 2022
TO: Mayor and City Council
FROM: Captain Scott Merrill, Chief of Police Services
SUBJECT: ORDINANCE PROHIBITING UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY OF ALISO VIEJO
Recommended Action:
Introduce the following ordinance for first reading, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING CHAPTER 8.36 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 8 (PUBLIC PEACE, MORALS AND WELFARE)
OF THE ALISO VIEJO MUNICIPAL CODE ESTABLISHING REGULATIONS
PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY OF ALISO VIEJO.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Background:
Catalytic converters are an external component of a vehicle, accessible from the underside of a parked car. They convert most of a vehicle’s emissions into less harmful forms, improving air quality and vehicle performance. As part of their construction, catalytic converters contain valuable materials such as platinum and palladium, rare metals that command ever-increasing prices on the recyclables market.
Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified.
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Nationwide thefts numbered approximately 26,000 in May 2021. Orange County Sheriff’s Department patrol area thefts numbered approximately 1,035 in 2021, and year to date 339 thefts.
Discussion:
There is currently no City, State, or Federal legislation applicable within the City of Aliso Viejo to define and punish catalytic converter thefts absent an identifiable victim.
Additionally, there is currently no City, State, or Federal legislation applicable within the City of Aliso Viejo requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters in their possession. This limits law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when there is no identifiable victim present. As a result, preventing and punishing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers.
Individuals in possession of stolen catalytic converters are able to recycle them for substantial profit at relatively low risk, while victims are forced to commit to costly repairs.
By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or lawful possession, this ordinance would combat this criminal practice by:
(1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter; (4) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (5) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (6) minimizing the fiscal and personnel impact on the City of Aliso Viejo and the Orange County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts.
By implementing the attached Ordinance, the City will prohibit the unlawful possession of catalytic converters in the City of Aliso Viejo, discouraging this increasingly-common criminal activity. The City will further prohibit the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter.
Attachment:
1. Ordinance
305
60367.01100\40016974.1 Page 1 of 5
ORDINANCE NO. 2022-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADDING CHAPTER 8.36 (UNLAWFUL
POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 8 (PUBLIC PEACE, MORALS AND WELFARE) OF THE ALISO VIEJO
MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY
OF ALISO VIEJO
WHEREAS, citizens nationwide have experienced rising rates of catalytic converter thefts, numbering approximately 65,000 in 2021; and
WHEREAS, citizens statewide have experienced rising rates of catalytic converter thefts, numbering approximately 18,000 in 2021; and
WHEREAS, citizens countywide have experienced rising rates of catalytic converter thefts, numbering approximately 2,000 in 2021; and
WHEREAS, the citizens of Aliso Viejo have experienced catalytic converter thefts from automobiles over the past several years; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Aliso Viejo to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Aliso Viejo requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and
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60367.01100\40016974.1 Page 2 of 5
WHEREAS, the citizens of Aliso Viejo and the Orange County Sheriff’s Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Aliso Viejo and the Orange County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts; and WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, this Ordinance is necessary to provide the City of Aliso Viejo and the Orange County Sheriff’s Department clear legal authority to better protect the public and deter this criminal activity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein.
SECTION 2 . CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) 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 criminalizes the possession of catalytic converters; it will not result in any development or in any new activity with the potential to impact the environment. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 3. Code Amendment. Chapter 8.36 is hereby added to Title 8 (Public Peace, Morals and Welfare) of the Aliso Viejo Municipal Code and shall read in its entirety as follows:
“Chapter 8.36 (Unlawful Possession of a Catalytic
Converter Prohibited) of Title 8 (Public Peace, Morals
and Welfare)
8.36.010 Unlawful possession of a catalytic converter prohibited. 307
60367.01100\40016974.1 Page 3 of 5
A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.
8.36.020 Definitions
A. For purposes of this section, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
B. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
1. Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.
2. Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.
8.36.030 Violations – Misdemeanor
A. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Aliso Viejo Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
B. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.06 of Title 1 of this Code, for any person to violate any provision of this section.
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60367.01100\40016974.1 Page 4 of 5
C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.”
SECTION 4 . Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid 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, Suite 100, Aliso Viejo, California 92656. The City Clerk is the custodian of the record of proceedings.
PASSED, APPROVED AND ADOPTED this ____ day of _________, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 309
60367.01100\40016974.1 Page 5 of 5
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:
___________________________
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 __________, 2022, and that the Summary of the Ordinance was published on ______, 2022 and ______, 2022 in the Laguna Niguel News.
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
310
City of Aliso Viejo
AGENDA ITEM
DATE: June 1, 2022
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: DRAFT ANNUAL BUDGET FOR FY 2022-23
Recommended Actions:
1. Review the draft FY 2022-23 Annual Budget;
2. Authorize Cost of Living adjustment (4.3%) effective July 1, 2022 ($123,615); and
3. Provide any additional direction to staff regarding the draft FY 2022-23 Budget.
Summary:
The draft fiscal year (FY) 2022-23 budget includes appropriations for programs and projects necessary to continue to provide essential services to the community. The draft budget anticipates revenue to exceed operating expenditures by approximately $60,838.
General Fund reserves totaling $657,050 will be utilized for debt service payment of the Certificates of Participation (COP).
General Fund revenues are estimated to be $23,838,978 for FY 2022-23, which include federal stimulus funds from the American Rescue Plan in the amount of $2,839,053. To ensure operations and service levels are not impacted, Staff is proposing a prudent General Fund expenditure budget totaling $23,778,140 and includes operating costs and capital improvement expenditures for Public Safety, Community and Economic Development, Community Services and Recreation, and Administration and Support. The General Fund balance at the end of operations for FY 2022-23 is estimated to be $26,648,944.
In addition to the General Fund, the City uses “Special Funds” to offset a portion of the City’s expenditures. “Special Funds” are typically restricted funds that can only be used for specific purposes such as Traffic Congestion Relief Funds, Gas Tax, SB 1, Measure M funds, Air Quality AB 2766 funds (AQMD), and Federal and Other Grants. At the end of operations for FY 2022-23 the estimated fund balance for all City funds is $30,510,305. 311
Fiscal Impact:
The Annual Budget is the basis upon which the Council allocates anticipated financial resources for uses in the coming fiscal year. The draft budget for FY 2022 -23 being presented is balanced and reflects a General Fund surplus of $60,838.
Proposed general fund revenues increased a net of $ 969,927 compared to Mid-Year 2021-22 estimates. The increase is primarily due to higher sales tax forecasts, the rebounding of transient occupancy tax (TOT), and modest increases to property taxes.
Revenues include the second and final payment from the American Rescue Plan federal funds anticipated for the upcoming year. Expenditures increased by $1,682,282, or 7.6% primarily due to increases in salaries and contractual increases to public safety. General Fund reserves totaling $ 657,050 will be utilized for debt service payment on the Certificates of Participation (COP). The General Fund balance at the end of FY 2022 -23 is estimated to be $26,648,944 and is 112% of the estimated operating budget.
Background:
This is the first budget discussion for the Annual Budget for FY 2022-23. Comparisons made in this report use the FY 2021-22 Mid-Year budget and the draft FY 2022-23 Annual Budget.
Discussion:
General Fund Revenues
Anticipated General Fund revenues for FY 2022-23 total approximately $23,838,878, which reflects an overall increase of $969,927 or 4.2%, compared to the FY 2021-22 Mid- Year Budget. Revenues include the City’s second payment of stimulus funds in the amount of $2,839,053. Revenue forecasts for FY 2022-23 were prepared using estimates and projections provided by the State, other agencies, and/or City consultants.
The City receives 75% of its revenue from taxes. This includes property, sales, transient occupancy, and franchise taxes.Property taxes remain the City’s highest and most stable source of revenue with a n estimated increase of $328,937 or 3.6% primarily due to a strong housing market. Sales tax revenue forecasts indicate an increase of $580,000, or 312
11.6%, which is attributed to the reopening of businesses from pandemic restrictions and higher prices due to increases in gas prices and inflation.
Projections for the City’s Transient Occupancy Tax (TOT) are optimistic for FY 2022-23; however, estimates are still below pre-pandemic levels. TOT is estimated to be $1,440,000, a 20% increase from mid-year estimates, but represents only 90% of pre- pandemic levels. Franchise fees are collected from companies that provide electric, gas, cable, internet, and solid waste collection within the City. These fees have been steadily declining over the past few years as new services replace traditional television cable. FY 2022-23 estimates a decrease of $40,000.
The remaining 25% of general fund revenues include the final payment of American Rescue Plan funds and other sources such as licenses and permits, fines and forfeitures, investment earnings, fees for services, rental income, and recreation. Licenses and permits and fees for planning and building services are lower than mid-year estimates due to a reduction in development activity forecasted for the new year. Fines collected as a result of parking and traffic enforcement are also declining as a result of increased patrolling within the City. However, investment earnings will increase $200,000 due to projected higher interest rates. Recreation and rental income are expected to remain relatively flat.
General Fund Appropriations
General Fund operating expenditures are anticipated to increase $1,682,282 or 7.6%, compared to FY 2021-22 Mid-Year Budget. Total expenditures include salaries and benefits for 28 full-time positions, 5 elected officials, and part-time positions primarily in recreation. Incremental increases in appropriations across all departments are due to increases in contractual services, merit-based salary increases, and a cost-of-living (COLA) increase of 4.3% for full-time employees in FY 2022-23. In accordance with the Classification and Compensation Plan approved by Council in 2018, the COLA is based on the Annual Consumer Price Index, Urban Wage Earners and Clerical Workers, Los Angeles-Long Beach-Anaheim (CPI) and is estimated at $123,615. In addition, appropriations include CalPERS unfunded pension liability payment of $98,471, which was an increase of $16,124 over the prior year.
The FY 2022-23 budget provides the necessary funding to continue essential services throughout the community. Funding increases for various projects and services are highlighted below.
Public Safety
Public Safety, which represents 44% of the City’s General Fund budget, includes law enforcement, animal control, crossing guards, emergency management, and crime prevention. The cost of public safety has risen approximately $1.9 million or 22.6% since FY 2018-19 primarily due to contract increases for law enforcement services with the Orange County Sheriff’s Department. For FY 2022-23, total public safety costs are 313
estimated to increase by $722,686 or 7.2% to a total cost of $10,741,476 to maintain current level of services. Increases to various public safety contracts and/or services include:
Orange County Sheriff’s Department - $624,558 or 6.7% increase to $9,917,083 Animal control - $66,436 or 17.7% to $442,676
Crossing guards - $14,237 or 7.3% increase to $209,732 Administration & Support
November 2022 election - $85,000
Funding for conferences and training which were brought back to levels prior to the pandemic - $20,000
Information Technology related services for computer support, equipment replacement, and cameras – $58,000
Community Development
Annual support and licensing for the new permit software - $45,000 Special projects for Aliso Viejo Town Center - $79,000 Development of the City’s Housing Element - $75,000
Public Works
Addition of a full-time Streets Supervisor - $150,000; however, the cost for the additional position have been offset by the reduction in contractual services Increases to County environmental wastewater permits - $38,200 Community and Services and Recreation
Addition of Community Services Supervisor - $121,700
Capital Improvement
Other General Fund obligations include various transfers to capital funds for capital improvement projects, totaling $441,000 for FY 2022-233. Projects in FY 2022-23 include the following:
Aliso Ranch - $181,000
City Hall - $205,000
Aliso Viejo Center - $25,000
Wetlands Monitoring Project - $10,000
Dairy Fork Wetland Project - $20,000
314
Special Revenue Funds
Special Revenue funds are expended in compliance with their funding stipulations; however, it is common to accumulate Special Revenue funds for multiple years in order to expend on larger City projects.
Road funds consist of Traffic Congestion Relief funds, Highway Users Tax also known as Gas Tax, Measure M2 and SB1 funds. These funds are restricted and may only be utilized for the maintenance and improvement of street and traffic projects.
Gas Tax is expected to increase by approximately $136,725, or 10.3%, based on recent projections provided by the State. These funds are primarily used for ongoing costs associated with street maintenance, street sweeping, street lighting, and pavement management. In addition, SB1 funds will also see an increase of $135,470, or 13.5%, and will be allocated towards street CIP projects. Increases in both Gas Tax and SB1 funds is primarily the result of higher gas prices.
Measure M2 was approved by voters in March 2011 and is a major revenue source for the City’s streets and roads projects. Overall, the revenue projected in this category is expected to increase by $108,346, or 15.0%. Senior Mobility grant funds, which provides free door-to-door transportation services for any senior citizen residing in Aliso Viejo to attend programs at nearby senior centers, are also expected, totaling $25,430.
The Federal Grants fund includes $2,839,053 from the American Rescue Plan stimulus funds, which is designated for COVID mitigation efforts and to maintain public safety services as a result of the loss in revenue due to the pandemic. In addition, funding in the amount of $241,324 for Community Development Block Grant (CDBG), and $294,969 for CDBG Coronavirus funds is programed for fair and supportive housing initiatives, business grant program, senior meal programs, homeless prevention services, and youth programs.
Supplemental Law Enforcement Service Fund (SLESF) for front line local public safety programs and equipment is expected to be about the same as prior year at $176,620.
The Technology Grant is provided from public, educational, and government access (PEG) fees received through cable franchises. These funds are used for public programming, such as Council meetings, and are projected to decrease slightly as new services replace traditional cable television. Integrated Waste Management grants and AQMD AB2766 Subvention funds are expected to be about the same as the prior year.
Revenues for the Other Grants fund vary from year to year depending on grant awards.
Staff continues to actively seek grant opportunities as they arise.
Management services for the Aliso Viejo Center and the Aquatic Center are provided by two qualified management companies. Aliso Viejo Center revenues for FY 2022-23 are projected to be $2,400,910 and reflect a net transfer of $370,344 to the General Fund. 315
The Aquatic Center revenues are $944,000, with expenditures totaling $1,136,740.
General Fund will fund the net cost of operations estimated to be $192,740.
Special Revenue Capital Improvement Projects scheduled for FY 2022-23 total $3,454,000 and includes the following projects:
Los Aliso Road Traffic Signal Synchronization Program (RTSSP) - $14,000 Aliso Creek RTSSP - $230,000
Aliso Creek Rehabilitation (Wolverine to Alicia) - $1,633,000 FY 2022-23 Surry Seal - $1,577,000
Enterprise Rehabilitation Design (Aliso Creek to Aliso Viejo Pkwy) - $35,000 Aliso Creek Rehabilitation Design (Enterprise to SR73) - $35,000 Conclusion
Staff continues its ongoing analysis of revenues and expenditures while following developments at the State level. Revenue enhancements, maintaining current service levels, ensuring the completion of capital improvement projects, and continuing to focus on economic development within the City is of the utmost priority. Staff continues to explore revenue enhancement opportunities and seek outside grants and other funding opportunities, when possible, to uphold the City’s vision of offering excellent amenities to residents and businesses.
The FY 2022-23 Draft Budget was developed taking current economic conditions into consideration and includes growth in appropriations necessary to maintain current service levels and accommodate Council-approved programs and projects.
Attachments:
1. Government Wide Resources and Appropriations
2. General Fund Resources and Appropriations
3. Capital Projects
4. Draft Budget Presentation
316
RESOURCES
FY 2021-22
Adopted
Budget
FY 2021-22
Amended
Budget
FY 2021-22
Mid-Year
Budget
FY 2022-23
Draft
Budget
101 General Fund 22,217,530 22,217,530 22,869,051 23,838,978 202 Traffic Congestion 1,125 1,125 1,125 1,125 203 Gas Tax 1,324,775 1,324,775 1,324,775 1,461,500 204 Measure M 721,160 721,160 721,160 829,506 205 SB1-RMRA 1,004,670 1,004,670 1,004,670 1,140,140 215 Public Safety Grants 176,620 176,620 176,620 176,620 221 AQMD Air Quality 73,240 73,240 73,240 70,000 225 Integrated Waste Management 12,925 12,925 12,925 12,925 231 Other Grants 210,405 420,108 490,108 75,405 241 Technology Grant 125,150 125,150 125,150 109,000 245 Development Impact - - - - 251 Federal Grants 3,338,820 3,338,820 3,338,820 3,375,346 260 City Fac.-Conference Center 1,875,150 1,875,150 2,646,070 2,400,910 261 City Fac.-Aquatic Center 1,023,110 1,023,110 1,033,085 1,136,740 Total Estimated Resources 32,104,680 32,314,383 33,816,799 34,628,195
APPROPRIATIONS
101 General Fund 22,065,415 22,075,415 22,095,858 23,778,140 202 Traffic Congestion 144,305 144,305 90,905 76,000 203 Gas Tax 1,131,800 1,131,800 1,198,700 1,382,800 204 Measure M 816,125 816,125 869,525 1,597,965 205 SB1-RMRA 1,225,000 1,225,000 1,225,000 1,703,000 215 Public Safety Grants 192,315 192,315 192,315 192,315 221 AQMD Air Quality 65,000 65,000 65,000 100,000 225 Integrated Waste Management 13,000 13,000 25,000 16,000 231 Other Grants 210,000 419,703 419,703 - 241 Technology Grant 75,180 80,180 180,180 75,180 245 Development Impact - - - - 251 Federal Grants 3,020,120 3,020,120 3,353,025 3,080,377 260 City Fac.-Conference Center 1,875,150 1,875,150 2,646,070 2,400,910 261 City Fac.-Aquatic Center 1,023,110 1,023,110 1,033,085 1,136,740 280 Improvement & Replacement Fund - - - - Total Estimated Appropriations 31,856,520 32,081,223 33,394,366 35,539,427 NET CHANGE IN FUND BALANCE 248,160 233,160 422,433 (911,232) Beginning Fund Balance 32,315,354 32,315,354 32,315,354 32,078,587 - - - GF Reserves (659,200) (659,200) (659,200) (657,050) PROJECTED ENDING FUND BALANCE31,904,314 31,889,314 32,078,587 30,510,305
CITY OF ALISO VIEJO
GOVERNMENT WIDE-RESOURCES AND APPROPRIATIONS
FY 2022-23 DRAFT BUDGET
317
RESOURCES
FY 2021-22
Adopted
Budget
FY 2021-22
Amended
Budget
FY 2021-22
Mid-Year
Budget
FY 2022-23
Draft
Budget
Property Tax 9,009,900 9,009,900 9,161,063 9,490,000 Sales Tax 4,680,000 4,680,000 5,000,000 5,580,000 TOT 1,200,000 1,200,000 1,200,000 1,440,000 Franchise 1,580,000 1,580,000 1,545,000 1,505,000 Other Taxes 40,175 40,175 40,175 40,175 Licenses & Permits 716,100 716,100 718,300 619,600 Fines & Forfeitures 280,000 280,000 250,000 220,000 Rev-Use of Money & Property 126,725 126,725 100,000 300,000 Intergovernmental Revenue 50,000 50,000 42,500 47,500 Current Service Charges 340,850 340,850 321,850 295,600 Rental Income 185,410 185,410 205,903 212,316 Recreation Services 806,030 806,030 798,805 813,200 Other Revenue 80,040 80,040 80,040 66,200 Transfers 3,122,300 3,122,300 3,405,415 3,209,387 Total Estimated Resources 22,217,530 22,217,530 22,869,051 23,838,978
APPROPRIATIONS
City Council 196,065 196,065 209,062 204,760 City Manager 725,815 725,815 724,820 773,715 Economic Development 476,870 476,870 486,870 466,800 Human Resources 254,160 234,160 153,790 223,786 City Clerk 428,630 428,630 428,630 532,765 City Attorney 465,000 465,000 465,000 465,000 Finance 937,690 937,690 698,105 949,790 Information Technology 917,730 943,055 1,005,803 1,033,734 Central Services 602,760 602,760 587,260 598,920 Community Services Admin 686,795 676,470 637,810 474,379 Iglesia Park 193,000 193,000 175,950 184,249 Iglesia Building 52,000 52,000 54,300 53,845 Iglesia Park Community Center 157,500 157,500 157,500 177,500 Planning 1,066,310 1,081,310 1,078,285 1,299,280 Building & Safety 648,130 648,130 648,130 671,220 Code Enforcement 106,000 106,000 106,000 106,000 Public Works - Engineering 1,372,480 1,372,480 1,349,235 1,516,656 Traffic Engineering - - - - Street Maintenance 538,700 538,700 538,700 433,700 Law Enforcement - Contract 9,292,525 9,292,525 9,292,525 9,917,083 Law Enforcement - Other 282,050 282,050 282,050 296,287 Crime Prevention 36,075 36,075 33,075 50,530 Animal Care Services 376,240 376,240 376,240 442,676 EOC 34,900 34,900 34,900 34,900 Transfer Out - Other Funds 354,370 354,370 504,162 633,740 City Hall 232,260 232,260 242,260 220,866 Recreation 1,631,360 1,631,360 1,825,396 2,015,959 Total Estimated Appropriations 22,065,415 22,075,415 22,095,858 23,778,140 Net Change in Fund Balance 152,115 142,115 773,193 60,838 Beginning Fund Balance 27,131,163 27,131,163 27,131,163 27,245,156 GF Reserves for COP (659,200) (659,200) (659,200) (657,050) Ending Fund Balance 26,624,078 26,614,078 27,245,156 26,648,944
CITY OF ALISO VIEJO
GENERAL FUND RESOURCES AND APPROPRIATIONS
FY 2022-23 DRAFT BUDGET
318
Proj. Project Description Total General TCRF M2 Meas. M Gas Tax SB1 Federal State Grants/ Technology Fund Reimbursements Community # Cost Fund Fairshare Comp. Grants Other From Other Govts Enhancement Traffic Management/Safety Projects (311-8201)
122 Los Aliso RTSSP 14,000 14,000
130 Aliso Creek Road RTSSP 230,000 76,000 154,000 Total 244,000 - 76,000 168,000 - - - - - - - - - Proj. Project Description Total General TCRF M2 Meas. M Gas Tax SB1 Federal State Grants/ Technology Fund Reimbursements Community # Cost Fund Fairshare Comp. Grants Other* From Other Govts Enhancement Street Improvement Projects (311-8301)
136 Aliso Creek Rehab (Wolverine to Alicia) 1,633,000 - 1,633,000 135 Slurry Seal - FY 22-23 1,577,000 1,400,000 177,000 128 Enterprise Rehab Design - Aliso Creek to Aliso Viejo Pkwy 35,000 35,000 134 Aliso Creek Rehab Design - Enterprise to SR73 35,000 35,000 Total 3,280,000 - - 1,400,000 - 177,000 1,703,000 - - - - - - Proj. Project Description Total General TCRF M2 Meas. M Gas Tax SB1 Federal State Grants/ Technology Fund Reimbursements Community # Cost Fund Fairshare Comp. Grants Other From Other Govts Enhancement Capital Improvements (331-8701)
049 AV Ranch Public Works Projects 181,000 181,000 049 AV Ranch Re-Sod Turf Area 25,000 25,000
049 AV Ranch Wood Seal Improvements 90,000 90,000 049 AV Ranch Drainage Improvements 35,000 35,000 049 AV Ranch Fiber between Ranch and Aliso Creek Rd 20,000 20,000 049 AV Ranch Barn HVAC 6,000 6,000
049 AV Ranch Farm Re-Sod Turf Area 5,000 5,000 057 City Hall Improvements 205,000 205,000
057 City Hall 2nd Floor Tenant Improvements 175,000 175,000 057 City Hall Landscaping Improvements 30,000 30,000 111 AV Ctr Improvements 25,000 25,000
111 AV Ctr Square Lawn Artifiicial Turf 25,000 25,000 Total 411,000 411,000 - - - - - - - - - - - Proj. Project Description Total General TCRF M2 Meas. M Gas Tax SB1 Federal State Grants/ Technology Fund Reimbursements Community # Cost Fund Fairshare Comp. Grants Other** From Other Govts Enhancement Stormwater Improvements (332-8601)
030 Wetlands Monitoring Project 10,000 10,000 091 Dairy Fork Wetland Project 20,000 20,000
Total 30,000 30,000 - - - - - - - - - - - GRAND TOTAL 3,965,000 441,000 76,000 1,568,000 - 177,000 1,703,000 - - - - - - Beverage
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CITY OF ALISO VIEJO
CAPITAL IMPROVEMENT PLAN
FY 2022-23
Beverage
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Beverage
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Beverage
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319
Total 5101 5501 5601 5701 5702 5901 5910 5911
Planning Design Const. Mgmt Construction Contra-Expense Contingency Improvements Rehabilitation Transfer Detail
Traffic Management/Safety Projects (311-4-8201)
122 Los Aliso RTSSP 14,000 14,000
130 Aliso Creek Road RTSSP 230,000 230,000
Total 244,000 - - - 244,000 - - - - Street Improvement Projects (311-4-8301)
128 Enterprise Rehab Design - Aliso Creek to Aliso Viejo Parkway 35,000 35,000 134 Aliso Creek Rehab Design - Enterprise to SR73 35,000 35,000 135 Slurry Seal - FY 22-23 1,577,000 70,000 1,370,000 137,000 136 Aliso Creek Rehab (Wolverine to Alicia) 1,633,000 60,000 1,430,000 143,000 Total 3,280,000 - 70,000 130,000 2,800,000 - 280,000 - - Capital Improvements (331-4-8701)
049 AV Ranch Public Works Projects 181,000 181,000 049 AV Ranch Re-Sod Turf Area 25,000 25,000
049 AV Ranch Wood Seal Improvements 90,000 90,000 049 AV Ranch Drainage Improvements 35,000 35,000 049 AV Ranch Fiber between Ranch and Aliso Creek Rd 20,000 20,000 049 AV Ranch Barn HVAC 6,000 6,000
049 AV Ranch Farm Re-Sod Turf Area 5,000 5,000 057 City Hall Improvements 205,000 - 30,000 - - - - 175,000 - 057 City Hall 2nd Floor Tenant Improvements 175,000 175,000 057 City Hall Landscaping Improvements 30,000 30,000 111 AV Ctr Improvements 25,000 25,000
111 AV Ctr Square Lawn Artifiicial Turf 25,000 25,000 Total 411,000 - 30,000 - - - - 381,000 - Stormwater Improvements (332-4-8601)
030 Wetlands Monitoring Project 10,000 - - - - - - 10,000 091 Dairy Fork Wetland Project 20,000 - - - - - - 20,000 Total 30,000 - - - - - - - 30,000 GRAND TOTAL 3,965,000 - 100,000 130,000 3,044,000 - 280,000 381,000 30,000
CITY OF ALISO VIEJO
CAPITAL IMPROVEMENT PLAN
FY 2022-23
320
Draft BudgetFY 2022-23City CouncilJune 1, 2022
321
FY 2022-23 BudgetGeneral Fund ConsiderationsResources•Stable Property Tax•Sales Tax Growth•Rebounding TOT•ARPA Funding•Other Appropriations•Continuation of all current programs and services•Contractual Increases•Salaries & Benefits•4.3% COLA - $123,615•Mandates •Capital Improvement 322
FY 2022-23 BudgetGeneral Fund RevenuesGeneral Fund Revenues FY 2021-22Mid-Yr Budget FY 2022-23Draft Budget Increase/(Decrease)Property Tax 9,161,063$ 9,490,000$ 328,937$ Sales Tax 5,000,000$ 5,580,000$ 580,000$ TOT, Franchise & Other Taxes 2,785,175$ 2,985,175$ 200,000$ Licenses, Permits & Current Charges 1,040,150$ 915,200$ (124,950)$ Recreation 798,805$ 813,200$ 14,395$ Other 4,083,858$ 4,055,403$ (28,455)$ Total 22,869,051$ 23,838,978$ 969,927$ 323
FY 2022-23 BudgetGeneral Fund Revenues $9,490,000 $5,580,000 $2,985,175 $915,200 $813,200 $4,055,403 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 Property Tax Sales Tax TOT, Franchise & OtherTaxesLicenses, Permits &Current ChargesRecreation OtherFY 2018-19ActualsFY 2019-20ActualsFY 2020-21Actuals FY 2021-22Mid-Yr Budget FY 2022-23Draft Budget 324
FY 2022-23 General FundAppropriations by DepartmentOCSD - 9,917,083L.E Other - 296,287Crime Prevention - 50,530Animal Care – 442,676EOC – 34,900City Council – 204,760City Manager – 773,715HR – 247,852City Clerk – 532,765City Attorney – 465,000Finance – 949,790IT – 1,033,734Central Services – 819,786 325
FY 2022-23 BudgetDepartment Budgets Highlights•General Government•November Election - $85,000•IT Computer Replacement, Camera Licensing, Server Support- $58,000 •Community Services & Recreation-•Addition of Full-time Community Services Supervisor -$121,700•Community Development•Permit Software Licensing & Support $45,000•Special Projects for Aliso Viejo Town Center - $79,000•Housing Element - $75,000•Public Works•Addition of Full-Time Streets Supervisor $150,000 (offset by reduction in contractual services) 326
FY 2022-23 BudgetPublic Safety•OC Sheriff’s Dept - $9,917,083•Increase of $624,558, 6.7%•Animal Control - $442,676•Increase of $66,436, 17.8%•Crossing Guards - $209,732•Increase of $14,237, 7.3%$8,836,933 $9,073,355 $9,103,128 $10,018,790 $10,741,476 $8,132,237 $8,454,085 $8,404,279 $9,292,525 $9,917,083 $8,000,000 $9,000,000 $10,000,000 $11,000,000FY 2018-19ActualsFY 2019-20ActualsFY 2020-21Actuals FY 2021-22Mid-YearBudget FY 2022-23ProposedBudgetPublic SafetyPublic SafetyOCSD 327
FY 2022-23 General FundCapital Improvement Projects•AV Ranch - $181,000•Wood seal improvements•Barn HVAC improvements •Drainage improvements•Re-sod turf area •Fiber Optics between Ranch and Aliso Creek Road •City Hall Improvements - $205,000•Tenant Improvements•Landscaping Design •AV Center - $25,000•Turf Improvements•Stormwater Projects - $30,000•Ongoing monitoring of Dairy Fork and Wetlands areas 328
FY 2022-23 General Fund Resources, Appropriations & Fund BalanceEstimated Beginning Fund Balance 27,245,156$ Resources 23,838,978 Appropriations (23,778,140) Estimated Operating Surplus 60,838 Debt Payment (657,050) Estimated Ending Fund Balance26,648,944$ 329
General Fund Resources, Appropriations & Fund Balance
330
FY 2022-23 BudgetGovernment Wide Resources•Special Revenue Funds•Gas Tax, Measure M, SB1, Traffic Congestion Relief•Federal, Public Safety, and Other Grants•Air Quality AB2766 (AQMD)•Integrated Waste Management•City Conference & City Aquatic Center•Total Resources: $34,628,195•Total Appropriations: $35,539,427•Projected Ending Fund Balance: $30,510,305 331
FY 2022-23 Special Revenue Capital Improvement Projects•Gas Tax/SB1/Measure M•Aliso Creek Road Traffic Signal Synchronization Project (RTSSP) - $230,000•Los Alisos RTSSP - $14,000•Aliso Creek Rehab (Wolverine to Alicia) - $1,633,000•Slurry Seal - $1,577,000•Enterprise Rehab Design (Aliso Creek to Aliso Viejo Parkway) - $35,000•Aliso Creek Rehab Design (Enterprise to SR 73) - $35,000 332
Questions?
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