1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, AUGUST 17, 2022
6:30 PM CLOSED SESSION
7:00 PM REGULAR MEETING
City Hall
Council Chambers
12 Journey
Aliso Viejo, CA
Mayor Ross Chun
Mayor Pro Tem Richard W. Hurt
Councilmember Tiffany Ackley
Councilmember David C. Harrington
Councilmember Mike Munzing
SPECIAL NOTICE REGARDING COVID-19
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 16, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom, to allow for the City Council to attend City Council mee tings telephonically and for the public to participate in the City Council meeting by electronic means.
Given the health risks associated with COVID -19, state and local officials are recommending measures to promote social distancing; therefore, the City of Aliso Viejo will not have the Council Chambers open to the public for this meeting. Members of the public may access the meeting live using any of the following sources:
• Cox Communications Channel 851
• AT&T U-Verse Channel 99
• Online at www.avcity.org
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/1774672665416229647
Public comments may be submitted by calling (949) 425 -2509 to leave a recorded message by 4:00 pm on the day of the meeting or via email to [email protected]. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature: https://attendee.gotowebinar.com/register/1774672665416229647. Comments are limited to three minutes each.
2 WELCOME to the City of Aliso Viejo City Council meeting.
It is the City’s intention to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102- 35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425- 2505 at least 48 hours prior to the meeting.
Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Al iso 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. Suppl emental 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 Ci ty Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U - Verse Channel 99, and can be viewed on the internet at www.avcity.org.
DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ
CITY MANAGER CITY ATTORNEY CITY CLERK
PLEASE SILENCE ALL CELL PHONES AND OTHER
ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION
CALL TO ORDER: CONVENE SPECIAL MEETING
PUBLIC COMMENTS:
CLOSED SESSION:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 120 Playa Circle, Aliso Viejo, 92656
Agency Negotiators: City Manager
Negotiating Parties: City of Aliso Viejo, Alyssa Walker and/or their authorized agent(s) Under Negotiation: Price and terms of payment
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
3 PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1. FEATURED BUSINESS OF THE MONTH - COLD STONE CREAMERY Certificate of Recognition
1.2. TRUSTED PARTNER RECOGNITIONS - SOUTH COUNTY OUTREACH AND FAMILY
ASSISTANCE MINISTRIES
Certificate of Recognition - South County Outreach
Certificate of Recognition - Family Assistance Ministries
1.3. STATE OF THE CITY VIDEO
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3. COMMUNITY INPUT:
Members of the public wishing to address the City Council can submit public comments by calling (949) 425- 2509 to leave a recorded by 4:00 pm on the day of the meeting or via email to [email protected]. Written comments will be read into the record and recorded messages will be aired during the meeting. Alternatively, public comments may be submitted by logging onto the m eeting through this link and using the “Raise Hand” feature: https://attendee.gotowebinar.com/register/1774672665416229647.
Comments are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed.
4. CONSENT CALENDAR:
All matters listed on the Consent C alendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar 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 4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.
Staff Report
Attachment 1 - Resolution No. 2021-27
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the July 20, 2022 Regular Meeting.
Draft Minutes - July 20, 2022 Regular Meeting
4.4. ACCOUNTS PAYABLE
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued July 25, 2022, in the amount of $750,932.53;
2. Ratify accounts payable checks and electronic funds transfers issued July 28, 2022, in the amount of $1,154.11; and
3. Ratify accounts pay able checks and electronic funds transfers issued August 4, 2022, in the amount of $2,263,912.05.
Staff Report
Attachment 1 - Accounts Payable Report
4.5. TREASURER’S STATEMENT – JUNE 2022
Recommended Action: Approve June 2022 Treasurer’s Statement.
Staff Report
Attachment 1 - June'22 Treasurer's Report
4.6. CONTRACT WITH CT CONSTRUCTION SERVICES FOR CITY HALL SUITE 200
IMPROVEMENTS
Recommended Action:
1. Award a contract in the amount of $106,491 to CT Construction Services, Inc. for the City Hall Suite 200 Improvements project;
2. Authorize the City Manager to execute a contract with CT Construction Services, Inc.; and
3. Authorize City staff to make tot al compensation to CT Construction Services, Inc. up to $106,491 plus $21,298 (20% of the contract amount) to allow for contingencies, totaling $127,789.
Staff Report
Attachment 1 - Contract
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
5 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 September 7, 2022.
Staff Report
5.2. PLANNING APPLICATION PA22 -012: SITE DEVELOPMENT PERMIT (SDP) FOR
EXTERIOR MODIFICATIONS TO THE BUILDING AND COMMON AREAS, AND AN EXCEPTION PERMIT (EP) TO ALLOW THE OUTDOOR PATIO TO EXCEED 1,000 SQUARE FEET (PROPOSED AT 1,215 SQUARE FEET) AND PROJECT DESIGN
FEATURES TO MITIGATE THE OPERATIONA L SOUND IMPACTS ON
SURROUNDING BUSINESSES AND SENSITIVE USES, LOCATED IN AN EXISTING TENANT SPACE OF THE COMMONS (26541 ALISO CREEK ROAD, #F); AND A
CONDITIONAL USE PERMIT (CUP) TO ESTABLISH AN ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TYPE 47 (ON -SALE GENERAL – EATING PLACE AND
BEER AND WINE FOR OFFSITE CONSUMPTION) FOR A FULL -SERVICE RESTAURANT (EUREKA!) OFFERING OUTDOOR DINING WITH LATE NIGHT HOURS
Recommended Action:
1. Open and conduct the continued public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities);
3. Adopt a Resolution approving a Conditional Use Permit (CUP) to establish an Alcoholic Beverage Control (ABC) License Type 47 (On-Sale General – Eating Place and Offsite consumption) in conjunction with a new restaurant “Eureka!”; and
4. Adopt a Resolution approving a Site Development Permit (SDP) to allow for exterior modifications including a new outdoor dining area, a new color scheme for the facade, and new landscaping, and an Exception Permit (EP) to allow the size of the outdoor dining area to exceed the code limit of 1,000 square feet (proposed at 1,215 square feet) and use design features to mitigate the operational sound impacts of the patio on surrounding businesses and sensitive uses for an existing tenant space of The Commons located at 26541 Aliso Creek Road, #F.
Staff Report
Attachment 1 - Resolution for CUP
Attachment 2 - Resolution for SDP and EP
Attachment 3 - Project Description Letter
Attachment 4 - Project Plans
Attachment 5 - Police Services Report
Attachment 6 - Noise Analysis Report
Attachment 7 - Presentation
6. DISCUSSION:
6 6.1. SELECTION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES
ANNUAL BUSINESS MEETING
Recommended Action: Designate a voting delegate and up to two alternates for the League of California Cities Annual Business Meeting to be held on September 9, 2022 at the Long Beach Convention Center.
Staff Report
Attachment 1 - CalCities Memo
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is September 7, 2022.