1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, JULY 20, 2022
7:00 PM REGULAR MEETING
City Hall
Council Chambers
12 Journey
Aliso Viejo, CA
Mayor Ross Chun
Mayor Pro Tem Richard W. Hurt
Councilmember Tiffany Ackley
Councilmember David C. Harrington
Councilmember Mike Munzing
SPECIAL NOTICE REGARDING COVID-19
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 16, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom, to allow for the City Council to attend City Council meetings telephonically and for the public to participate in the City Council meeting by electronic means.
Given the health risks associated with COVID-19, state and local officials are recommending measures to promote social distancing; therefore, the City of Aliso Viejo will not have the Council Chambers open to the public for this meeting. Members of the public may access the meeting live using any of the following sources:
• Cox Communications Channel 851
• AT&T U-Verse Channel 99
• Online at www.avcity.org
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/3014905288253126413
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 Community [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/3014905288253126413. 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 Chamber s. Speakers will be called at the appropriate time as their interested matter 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 communications 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 Counci l 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 REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
1. SPECIAL PRESENTATIONS:
1.1. TRUSTED PARTNER RECOGNITION - CR&R ENVIRONMENTAL SERVICES Certificate of Recognition
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3. COMMUNITY INPUT:
3 Members of the public wishing to address the City Council can submit public comments by calling (949) 425 -2509 to leave a re corded 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 th e meeting through this link and using the “Raise Hand” feature: https://attendee.gotowebinar.com/register/3014905288253126413.
Comments are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be taken on comment s 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 re moved from the Consent Calendar will 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 A UTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.
Staff Report
Attachment 1 - Resolution No. 2021-27
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the June 15, 2022 Special Meeting and the June 15, 2022 Regular Meeting.
Draft Minutes - June 15, 2022 Special Meeting
Draft Minutes - June 15, 2022 Regular Meeting
4.4. ACCOUNTS PAYABLE
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued June 9, 2022, in the amount of $347,713.14;
2. Ratify accounts payable checks and electronic funds transfers issued June 23, 2022, in the amount of $677,978.96; and
3. Ratify accounts payable checks and electronic funds transfers issued July 11, 2022, in the amount of $670,622.87.
Staff Report
Attachment 1 - Accounts Payable Report
4 4.5. TREASURER’S STATEMENTS – APRIL AND MAY 2022
Recommended Action: Approve April and May 2022 Treasurer’s Statements.
Staff Report
Attachment 1 - Apr'22 Treasurer's Report
Attachment 2 - May'22 Treasurer's Report
4.6. APPROPRIATIONS LIMIT – FISCAL YEAR 2022-23
Recommended Action: Adopt a Resolution setting the Proposition 4 (GANN) Appropriations limit for Fiscal Year (FY) 2022-23 at $53,660,602.
Staff Report
Attachment 1 - Resolution
Attachment 2 - GANN Limit Calculation
4.7. RESOLUTION OF COMMUNITY FACILITIES DISTRICT NO. 2005-01 (GLENWOOD AT
ALISO VIEJO) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2022-23
Recommended Action: Adopt a Resolution of the City Council, acting as the legislative body of Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo), authorizing the annual levy of special taxes for fiscal year 2022-23.
Staff Report
Attachment 1 - Resolution
4.8. FIRST AMENDMENT TO THE CONTRACT FOR THE FY22 -23 SLURRY S EAL AND
REHABILITATION PROJECT
Recommended Action:
1. Approve a First Amendment to the Contract with All American Asphalt for the FY22-23 Slurry Seal and Rehabilitation project that increases the contract amount by $256,162.50 for a total authorization amount of $1,755,215.91;
2. Authorize the City Manager to execute the First Amendment to the Contract; and
3. Approve the appropriation of $248,215.91 from the Measure M fund balance.
Staff Report
Attachment 1 - Contract Amendment
4.9. FIRST AMENDMENT TO THE AGREEMENT FOR AQUATIC CENTER EQUIPMENT MAINTENANCE SERVICES – KNORR SYSTEM
Recommended Action:
1. Approve a First Amendment to the Agreement with Knorr Systems, Inc. to perform Equipment Maintenance Services at Aquatic Center that increases the agreement amount by $50,000.00 for a total agreement amount of $170,000.00; and
2. Authorize the City Manager to execute the First Amendment to the Agreement.
Staff Report
Attachment 1 - Agreement Amendment
4.10. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. FOR COMMUNITY DEVELOPMENT SERVICES
Recommended Action: Approve and authorize the City Manager to execute a Second Amendment to the Professional Services Agreement with Civic Solutions, Inc. for
5 Community Development Services to increase the total compensation by $70,000 for an amount not to exceed $120,000.
Staff Report
Attachment 1 - Agreement Amendment
4.11. AGREEMENT FOR FY 2022-23 CROSSING GUARD SERVICES
Recommended Action: Authorize the City Manager to execute the agreement with All City Management Services, Inc. for school crossing guard services.
Staff Report
Attachment 1 - Pricing Letter
Attachment 2 - Agreement
5. PUBLIC HEARINGS:
5.1. FENNEL MEDITERRANEAN RESTAURANT (PA22 -011): AN ADMINISTRATIVE USE
PERMIT TO ESTABLISH AN ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TYPE 47 (ON -SALE GENERAL – EATING PLACE) IN CONJUNCTION WITH A NEW
RESTAURANT (FENNEL MEDITERRANEAN RESTAURANT) AND A SITE
DEVELOPMENT PERMIT (SDP) FOR EXTERIOR MODIFICATIONS TO THE BUILDING
INCLUDING THE ENCLOSURE OF AN EXISTING PATIO WITHIN AN EXISTING TENANT SPACE LOCATED AT 26611 ALISO CREEK ROAD, SUITE A (ALISO VIEJO
TOWN CENTER)
Recommended Action: Staff recommends the City Council continue the public hearing to August 17, 2022, or September 7, 2022.
Staff Report
5.2. PA22-012 – CONDITIONAL USE PERMIT AND ADDITIONAL ACTIONS FOR “EUREKA!” WHICH IS LOCATED AT 26541 ALISO CREEK ROAD, ALISO VIEJO (THE
COMMONS)
Recommended Action: Staff recommends the City Council continue the public hearing to either August 17, 2022, or September 7, 2022.
Staff Report
5.3. REQUEST TO APPROVE PLANNING APPLICATION SDP 2022 -00001 FOR A SITE
DEVELOPMENT PERMIT TO ALLOW EXTERIOR MODIFICATIONS TO THE BUILDING
AND PARKING LOT, INCLUDING REDESIGN OF THE PRIMARY BUILDING
ELEVATIONS AND MODIFICATIONS TO THE HARDSCAPE, LIGHTING AND LANDSCAPING AT 26501 -26503 ALISO CREEK ROAD (THE COMMONS AT ALISO
VIEJO TOWN CENTER) AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA.
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
3. Adopt a Resolution (Attachment 1) approving Site Development Permit SDP 2022 - 00001 for a site development permit to allow for exterior modifications to t he building
6 and parking lot, including redesign of the primary building elevations, modifications to the hardscape, lighting and landscaping at 26501-26503 Aliso Creek Road.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Project Description Letter
Attachment 3 - Project Plans
Attachment 4 - Presentation
6. DISCUSSION:
6.1. CARES ACT AND AMERICAN RESCUE PLAN ACT FUNDING UPDATE Recommended Action: Receive and file update regarding Federal funding provided to the City in response to the COVID-19 pandemic.
Staff Report
Attachment 1 - Presentation
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
Adjourn to August 17, 2022. The regularly scheduled City Council meeting of August 3, 2022 has been cancelled.