1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, NOVEMBER 16, 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/agendas
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/6269364051548874764
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/6269364051548874764. 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 received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specif ic 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 REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
1. SPECIAL PRESENTATIONS:
1.1. RECOGNITION OF SUPERNOVA AWARD RECIPIENTS - BOY SCOUTS OF AMERICA
EL CAMINO REAL DISTRICT
Certificate of Recognition - Alexandra Nottage
Certificate of Recognition - Christian Guerrero (1)
Certificate of Recognition - Christian Guerrero (2)
1.2. TRUSTED PARTNER - ALISO VIEJO COMMUNITY ASSOCIATION Certificate of Recognition
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3 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 t hrough this link and using the “Raise Hand” feature: https://attendee.gotowebinar.com/register/6269364051548874764. 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.
4.2. 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 November 2, 2022 Special Meeting and the November 2, 2022 Regular Meeting.
Draft Minutes - November 2, 2022 Special Meeting
Draft Minutes - November 2, 2022 Regular Meeting
4.4. TREASURER’S STATEMENT – SEPTEMBER 2022
Recommended Action: Approve September 2022 Treasurer’s Statement.
Staff Report
Attachment 1 - Sep'22 Treasurer's Report
4.5. THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. TO PROVIDE PLANNING CONSULTING SERVICES Recommended Action: Approve and authorize the City Manager to execute a Thir d Amendment to the Professional Services Agreement with Civic Solutions, Inc. for planning
4 consulting services to increase the total compensation by an amount not to exceed $50,000 and extend the term to June 30, 2022.
Staff Report
Attachment 1 - Original Agreement
Attachment 2 - Third Amendment
4.6. RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL RIGHT-OF-
WAY CERTIFICATIONS AND OTHER DOCUMENTS FOR ALL STATE AND/OR
FEDERALLY FUNDED PROJECTS
Recommended Action: Adopt a Resolution authorizing the City Engineer to execute all right-of-way certifications and other documents for all state and/or federall y funded projects and to sign all state and/or federal funding documents associated with grant funding allocations between the City of Aliso Viejo and the State of California.
Staff Report
Attachment 1 - Resolution
5. PUBLIC HEARINGS:
5.1. REQUEST TO APPROVE AN AMENDMENT TO SPECIFIC PLAN NO. 2 AND A
DEVELOPMENT AGREEMENT TO ALLOW FOR THE SALES AND SERVICE OF NON- INTERNAL COMBUSTION ENGINE VEHICLES (SP-2022-0001 AND DA -2022-00001), A CONDITIONAL USE PERMIT TO ALLOW TESLA MOTORS, INC. TO OPERATE AT 26501 ALISO CREEK ROAD (USE -2022-00009), AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the Project is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15332 (Infill Development);
3. Introduce and approve for first reading an Ordinance (Attachment 1 ) entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, TO AMEND SPECIFIC PLAN NO. 2 FOR THE COMMONS AT ALISO
VIEJO TOWN CENTER AND DETERMINE THE PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32 (PLANNING APPLICATIO N SP -2022- 00001);
4. Introduce and approve for first reading an Ordinance (Attachment 2) entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ALISO VIEJO AND VALUEROCK ALISO VIEJO, LLC FOR SPECIFIC PLAN NO. 2 (THE COMMONS AT ALISO VIEJO TOWN CENTER) PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ. AND DETERMINE THE PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32 (PLANNING APPLICATION DA-2022-00001); and
5. Adopt a Resolution (Attachment 3) approving a Conditional Use Permit for Tesla Motors, Inc. to sell, lease, and service its vehicles at 26501 Aliso Creek Road and determine the project to be categorically exempt from the California Environmental Quality Act under Class 32 (PLANNING APPLICATION USE-2022-00009).
5 Staff Report
Attachment 1 - SPA Ordinance
Attachment 2 - DA Ordinance
Attachment 3 - CUP Resolution
Attachment 4 - Applicant Letter
Attachment 5 - Tesla Letter
Attachment 6 - Project Plans
Attachment 7 - Traffic Memorandum
Attachment 8 - Presentation
5.2. SECOND READING AND ADOPTION OF AN ORDINANCE TO ADOPT UPDATED 2022
BUILDING CODES
Recommended Action:
1. Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15378(a) and 15061(b)(3) as the activity does not qualify as a project and is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment.
2. Conduct a public hearing to consider and adopt an Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CIT Y OF ALISO VIEJO, CALIFORNIA, AMENDING CHAPTERS 13.02 & 13.04 OF TITLE 13 OF THE ALISO
VIEJO MUNICIPAL 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, 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 BUILDI NG STANDARDS CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.
Staff Report
Attachment 1 - Ordinance
5.3. APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
FUNDING FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR ELIGIBLE HOUSING-RELATED PROJECTS AND PROGRAMS Recommended Action: Conduct a public hearing and adopt a resolution authorizing the application submittal for the Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development for housing -related eligible activities.
Staff Report
Attachment 1 - Resolution
Attachment 2 - PLHA Plan
6 6. DISCUSSION:
6.1. SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Recommended Action: Approve the Second Amendment to Employment Agreement between the City of Aliso Viejo and David A. Doyle.
Staff Report
Attachment 1 - Second Amendment
Attachment 2 - Agreement and First Amendment
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is December 7, 2022.