1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, JANUARY 18, 2023
6:30 PM CLOSED SESSION
7:00 PM REGULAR MEETING
City Hall
Council Chambers
12 Journey
Aliso Viejo, CA
Mayor Richard W. Hurt
Mayor Pro Tem Mike Munzing
Councilmember Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan
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/8631847304192135003
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/8631847304192135003. 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 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: 1
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
3 1. SPECIAL PRESENTATIONS:
1.1. RECOGNITION OF 2022 MAYOR ROSS CHUN
1.2. RECOGNITION OF ADMINISTRATIVE SERGEANT CHAD PHILLIPS
1.3. INTRODUCTION OF ADMINISTRATIVE SERGEANT RYAN DIERCKMAN
1.4. OCSD EMERGENCY EVACUATION SIREN SYSTEM VIDEO PRESENTATION
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/8631847304192135003. 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 4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the December 7, 2022 Regular Meeting and the December 14, 2022 Adjourned Regular Meeting.
Draft Minutes - December 7, 2022 Regular Meeting
Draft Minutes - December 14, 2022 Adjourned Regular Meeting
4.4. ACCOUNTS PAYABLE
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued December 8, 2022, in the amount of $1,881,455.71;
2. Ratify accounts payable checks and electronic funds transfers issued December 22, 2023, in the amount of $339,347.60; and
3. Ratify accounts payable checks and electronic funds transfers issued January 5, 2023, in the amount of $1,147,426.95.
Staff Report
Attachment 1 - Accounts Payable Report
4.5. TREASURER’S STATEMENT – OCTOBER AND NOVEMBER 2022
Recommended Action: Receive and file the October and November 2022 Treasurer’s Statement.
Staff Report
Attachment 1 - Oct 2022 Treasurer's Report
Attachment 2 - Nov 2022 Treasurer's Report
4.6. FISCAL YEAR 2021-22 ANNUAL COMPREHENSIVE FINANCIAL REPORT Recommended Action:
1. Receive and file the Annual Comprehensive Financial Report (ACFR) for the year ended June 30, 2022; and
2. Adopt a Resolution reappropriating certain fiscal year 2021- 22 fund balances and amending the fiscal year 2022-23 budget.
Staff Report
Attachment 1 - FY 2021-22 ACFR
Attachment 2 - Statement on Auditing Standards 114 Letter Attachment 3 - Report on Internal Controls
Attachment 4 - Report on Appropriations Limit
Attachment 5 - Report on Treasurer's Monthly Statement
Attachment 6 - Resolution
4.7. RESOLUTION APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY OF THE PORTION OF REVENUE BONDS THE PROCEEDS OF WHICH ARE TO BE LOANED TO QCF/I, INC., A 501(c)(3) NONPROFIT HEALTHCARE
ORGANIZATION, AND USED TO ACQUIRE THE EXISTING FACILITY LOCATED AT 200 FREEDOM LANE, ALISO, VIEJO, CALIFORNIA; AND APPROVING CERTAIN
OTHER MATTERS RELATING THERETO
Recommended Action: Adopt a Resolution approving the issuance by the California Municipal Finance Authority of the portion of revenue bonds the proceeds of which are to be loaned to QCF/I, Inc., a 501 (c)(3) nonprofit healthcare organization, and used to
5 acquire the existing facility located at 200 Freedom Lane, Aliso, Viejo, California; and approving certain other matters relating thereto.
Staff Report
Attachment 1 - Resolution
4.8. AGREEMENT WITH WOOD RODGERS, INC. FOR STORM DRAIN CONDITION
ASSESSMENT SERVICES
Recommended Action:
1. Approve an agreement with Wood Rodgers, Inc. to perform storm drain condition assessment services; and
2. Authorize the City Manager to execute a professional services agreement with Wood Rodgers, Inc. for an amount of $286,000.
Staff Report
Attachment 1 - Agreement
4.9. LEASE WITH FAMILY ASSISTANCE MINISTRIES
Recommended Action:
1. Find that the lease of the City -owned property is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
2. Approve the lease agreement with Family Assistance Ministries (FAM) for the property and direct the C ity Manager to take all necessary steps to execute the lease of the property.
Staff Report
Attachment 1 - Lease Agreement
Attachment 2 - FAM Materials
4.10. RESOLUTION UPDATING SALARY SCHEDULE DUE TO MINIMUM WAGE INCREASE Recommended Action: Adopt a Resolution to update the salary schedule due to increase in minimum wage.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Salary Schedule
5. PUBLIC HEARINGS:
5.1. FIVE-YEAR ECONOMIC DEVELOPMENT SUBSIDY REPORT
Recommended Action:
1. Conduct a public hearing; and
2. Approve the economic subsidy report.
Staff Report
Attachment 1 - Five-Year Subsidy Report
Attachment 2 - Agreement with EFUEL, LLC
6 5.2. REQUEST TO APPROVE A SITE DEVELOPMENT PERMIT TO REMODEL THE TWO -
STORY CLUBHOUSE BUILDING, UPGRADE THE OUTDOOR COMMON AREA
INCLUDING THE POOL AND ASSOCIATED LANDSCAPE/HARDSCAPE, DEMOLISH THE GUARD TOWER AT 5000 CITY LIGHTS DRIVE, AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA (PA22 -006 & SDP 2022 - 00002).
Recommended Action:
1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA (California Environmental Quality Act) Guidelines Section 15301 (Existing Facilities); and
2. Adopt a Resolution approving a Site Development Permit (SDP) to remodel the two - story clubhouse building, pool, landscape, and hardscape including American with Disability Act (ADA) compliant upgrades and demolish the guard tower at 5000 City Lights Drive (PA22-006 & SDP-2022-00002).
Staff Report
Attachment 1 - Resolution
Attachment 2 - Project Description Letter
Attachment 3 - Project Plans
Attachment 4 - Presentation
5.3. CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT TO ESTABLISH A NEW RESTAURANT SERVING FULL ALCOHOL AT 26611 ALISO CREEK ROAD,
SUITE A
Recommended Action: Open and continue the public hearing to a date uncertain.
Staff Report
6. DISCUSSION:
None.
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is February 1, 2023.