1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, NOVEMBER 02, 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/agendas
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/536393875803145487
Staff anticipates a return to in-person City Council meetings to occur in December 2022.
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/536393875803145487. 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 arrangement s 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 sched uled 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 p resented 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:
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 representative: Mayor and Mayor Pro Tem Unrepresented employee: City Manager
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
3 PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
None.
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/536393875803145487. 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 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 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 October 19, 2022 Regular Meeting.
Draft Minutes - October 19, 2022 Regular Meeting
4 4.4. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable ch ecks and electronic funds transfers issued October 13, 2022, in the amount of $1,214,714.35.
Staff Report
Attachment 1 - Accounts Payable Report
4.5. DESIGNATION OF PRIVATELY OWNED PARKS AS CITY “DESIGNATED PARKS” PURSUANT TO ALISO VIEJO MUNICIPAL CODE CHAPTER 11.10
Recommended Action: Adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADOPTED PURSUANT TO ALISO VIEJO MUNICIPAL CODE CHAPTER 11.10 TO MAKE CERTAIN PRIVATELY
OWNED PARKS SUBJECT TO THE PROVISIONS OF MUNICIPAL CODE CHAPTER
11.10 (PARKS).
Staff Report
Attachment 1 - Resolution
4.6. CONFLICT OF INTEREST CODE BIENNIAL REVIEW AND AMENDMENT Recommended Action: Adopt a Resolution approving the amended Conf lict of Interest Code, pursuant to the Political Reform Act, section 87303.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Conflict of Interest Code (redlined)
Attachment 3 - Biennial Notice
5. PUBLIC HEARINGS:
None.
6. DISCUSSION:
6.1. ORDINANCE TO ADOPT UPDATED 2022 BUILDING CODES
Recommended Action:
1. Find that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA guidelines, because it does not qualify as a project as there is no potential to result in either a direct or reasonably foreseeable indirect physical change in the environment; and
2. Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING CHAPTERS
13.02 & 13.04 OF TITLE 13 OF THE ALISO VIEJO MUNICPAL CODE AND
ADOPTING BY REFERENCE THE FOLLOWING MODEL CODES INTO THE ALISO VIEJO MUNICIPAL CODE: (1) CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, 2022 EDITION; WITH AMENDMENTS; (2) CALIFORNIA ELECTRICAL CODE, 2022 EDITION; (3) CALIFORNIA PLUMBING CODE, 2022 EDITION; (4) CALIFORNIA MECHANICAL CODE, 2022 EDITION; (5) INTERNATIONAL PROPERTY MAINTENANCE CODE; 2021 EDITION (6) CALIFORNIA ADMINISTRATIVE CODE,
5 2022 EDITION; (7) CALIFORNIA ENERGY CODE, 2022 EDITION; (8) CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; (9) CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION ( 10) CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; WITH AMENDMENTS; (11) CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.
Staff Report
Attachment 1 - Ordinance
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is November 16, 2022.