1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, SEPTEMBER 07, 2022
6:00 PM CLOSED SESSION
7:00 PM REGULAR MEETING
FOLLOWED BY PUBLIC FACILITIES CORPORATION 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 pub lic 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/agendas
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/3269013421609753613
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/3269013421609753613. 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, 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 recei ved by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk’s office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.
This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.
DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ
CITY MANAGER CITY ATTORNEY CITY CLERK
PLEASE SILENCE ALL CELL PHONES AND OTHER
ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION
CALL TO ORDER: CONVENE SPECIAL MEETING
PUBLIC COMMENTS:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of potential cases: 2
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency designated representatives: Mayor and Mayor Pro Tem Unrepresented employee: City Manager
3 CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1. PROCLAMATION - NATIONAL PREPAREDNESS MONTH
Proclamation
1.2. PRESENTATION BY FAMILIES FORWARD
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3. COMMUNITY INPUT:
Members of the public wishing to address the City Council can submit public comments by calling (949) 425- 2509 to leave a recorded by 4:00 pm on the day of the meeting or via email to [email protected]. Written comments will be read into the record and recorded messages will be aired during the meeting. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature: https://attendee.gotowebinar.com/register/3269013421609753613. Comments are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed.
4. CONSENT CALENDAR:
All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar wi ll be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.
4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4 4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL C ITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.
Staff Report
Attachment 1 - Resolution No. 2021-27
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the August 17, 2022 Special Meeting and the August 17, 2022 Regular Meeting.
Draft Minutes - August 17, 2022 Special Meeting
Draft Minutes - August 17, 2022 Regular Meeting
4.4. ACCOUNTS PAYABLE
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued August 11, 2022, in the amount of $808,902.23; and
2. Ratify accounts payable checks and electronic funds transfers issued August 18, 2022, in the amount of $482,874.53.
Staff Report
Attachment 1 - Accounts Payable Report
4.5. TREASURER’S STATEMENT – JULY 2022
Recommended Action: Approve July 2022 Treasurer’s Statement Staff Report
Attachment 1 - Jul'22 Treasurer's Report
4.6. INVESTMENT POLICY FOR FISCAL YEAR 2022-23
Recommended Action: Adopt a Resolution approving the Investment Policy for Fiscal Year 2022-23 and rescinding Resolution No. 2021-23 in its entirety.
Staff Report
Attachment 1 - Resolution
Attachment 2 - FY 2022-23 Investment Policy
Attachment 3 - FY 2022-23 Investment Policy (Redlined)
Attachment 4 - Resolution No. 2021-23
4.7. FIRST AMENDMENT TO THE AGREEMENT FOR SOLID WASTE CONSULTING
SERVICES
Recommended Action:
1. Approve a First Amendment to the Agreement with HF&H Consultants, LLC for Solid Waste Consulting Services to extend the term for two (2) years and to increase the agreement amount by $50,000 for a total agreement amount of $100,000;
2. Authorize the City Manager to approve additional funding to the agreement in an amount not to exceed $15,000, if necessary; and
3. Authorize the City Manager to execute the First Amendment to the Agreement.
Staff Report
Attachment 1 - Agreement Amendment
5 4.8.
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH LYON’S SECURITY SERVICE, INC. FOR FACILITY RESERVATION SECURITY SERVICES
HELD AT ALISO VIEJO RANCH
Recommended Action: Approve and authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Lyon’s Security Service, Inc. for facility reservation security services held at Aliso Viejo Ranch to extend the term for three years and amend the compensation rates.
Staff Report
Attachment 1 - Agreement Amendment
4.9. PROPERTY ACQUISITION – 38 COLONIAL WAY
Recommended Action:
1. Approve the purchase and sale agreement for 38 Colonial Way, Aliso Viejo, CA 92656 in the amount of $227,000 and direct the City Manager to take all necessary steps to close escrow and complete the purchase of the property;
2. Find that the purchase of th e property is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities);
3. Authorize the appropriation of Development Impact funds in the amount $95,076 to the Fiscal Year 2022-23 Budget for the purchase; and
4. Find that the purchase of the property is in conformance with the City’s General Plan Confirms with the General Plan.
Staff Report
Attachment 1 - Purchase Agreement
4.10. RESOLUTION AMENDING CITY EMPLOYEE SALARY SCHEDULE FOR IT ANALYST
POSITION
Recommended Action: Adopt a Resolution amending employee salary schedule for IT Analyst position.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Salary Schedule
5. PUBLIC HEARINGS:
5.1. FENNEL MEDITERRANEAN KITCHEN AND BAR AT 26611 ALISO CREEK ROAD,
SUITE A OF THE ALISO VIEJO TOWN CENTER (ADMINISTRATIVE USE PERMIT AND
SITE DEVELOPMENT PERMIT TO ESTABLISH A NEW RESTAURANT SERVING FULL
ALCOHOL AND PERFORM TENANT IMPROVEMENTS INCLUDING EXTER IOR
MODIFICATIONS)
Recommended Action: Continue the public hearing to a date uncertain.
Staff Report
6 6. DISCUSSION:
6.1. AMENDMENT TO ALISO VIEJO MUNICIPAL CODE CHAPTER 10.06, PEDESTRIAN, BICYCLE, AND SKATEBOARD REGULATIONS, AND CHAPTER 11.10, PARKS, TO
REGULATE ELECTRIC BICYCLES, BOARDS, AND OTHER MOTORIZED
RECREATIONAL OF ELECTRIC TRANSPORTATION
Recommended Action:
1. Find that the proposed Ordinance is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15378(a), 15301(c), and 15061(b)(3); and
2. Introduce for first reading an Ordinance titled: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING CHAPTER
10.06 (PEDESTRIAN, BICYCLE, AND SKATEBOARD REGULATIONS) OF TITLE 10 (STREETS AND SIDEWALKS) AND CHAPTER 11.10 (PARKS) OF TITLE 11 (PARKS AND PUBLIC SPACES) OF THE ALISO VIEJO MUNICIPAL CODE,
ESTABLISHING REGULATIONS RELATING TO ELECTRIC BICYCLES,
MOTORIZED SCOOTERS, AND OTHER ELECTRICALLY MOTORIZE D BOARDS ON SIDEWALKS AND PARKS IN THE CITY.
Staff Report
Attachment 1 - Proposed Ordinance
Attachment 2 - Draft Ordinance (Redlined)
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is September 21, 2022.
*Aliso Viejo Public Facilities Corporation (PFC) Board of Directors Annual Meeting to be held immediately following City Council Regular Meeting. (Please refer to September 7, 2022 PFC Agenda.)