1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, FEBRUARY 01, 2023
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
WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.
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 C lerk’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 availa ble 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 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 pe rmission 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
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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 ALISO VIEJO LITTLE LEAGUE - 8-10 YEAR OLD DISTRICT 55 AND SECTION 10 CHAMPIONS
1.2. RECOGNITION OF ALISO VIEJO LITTLE LEAGUE - 9-11 YEAR OLD DISTRICT 55 AND SECTION 10 CHAMPIONS
1.3. RECOGNITION OF ALISO VIEJO LITTLE LEAGUE - LITTLE LEAGUE DISTRICT 55
CHAMPIONS
1.4. PROCLAMATION - BLACK HISTORY MONTH
Proclamation
1.5. INTRODUCTION OF CHIEF OF POLICE SERVICES CAPTAIN ALAN VILLANUEVA
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3. COMMUNITY INPUT:
Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. 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. Comments are limited to three (3) minutes per speaker.
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.
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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 January 18, 2023 Special Meeting and the January 18, 2023 Regular Meeting.
Draft Minutes - January 18, 2023 Special Meeting
Draft Minutes - January 18, 2023 Regular Meeting
4.4. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued January 19, 2023, in the amount of $674,237.83.
Staff Report
Attachment 1 - Accounts Payable Report
4.5. TREASURER’S STATEMENT – DECEMBER 2022
Recommended Action: Receive and file the December 2022 Treasurer’s Statement.
Staff Report
Attachment 1 - Dec 2022 Treasurer's Statement
4.6. SEVENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT & ASSOCIATES, INC. TO PROVIDE ECONOMIC DEVELOPMENT
CONSULTING SERVICES
Recommended Action: Approve and authorize the City Manager to execute a Seventh Amendment to the Professional Services Agreement with Kosmont & Associates, Inc. for economic devel opment consulting services to increase the total compensation by an amount not to exceed $15,000.
Staff Report
Attachment 1 - Original Agreement
Attachment 2 - Seventh Amendment
5. PUBLIC HEARINGS:
5.1. ORDINANCE AMENDING SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
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Recommended Action:
1. Hold a public hearing and introduce for first reading an Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL
CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA; and
2. Find the Ordinance exempt from the requirements of the California Environmental Quality Act pursuant to California Public Resources Code section 21080.17.
Staff Report
Attachment 1 - Ordinance
Attachment 2 - AVMC 15.14.080 - Redlined
6. DISCUSSION:
6.1. APPOINTMENT OF SCAG GENERAL ASSEMBLY DELEGATE
Recommended Action: Appoint delegate and alternate for the Southern California Association of Governments (SCAG) General Assembly to be held May 5, 2023.
Staff Report
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is February 15, 2023.
4 Proclamation
Black History Month – February 2023
WHEREAS, Black History Month is observed in February of each year; and
WHEREAS, Black History Month seeks to emphasize Black history and its cultural contributions to American life, and is designed to recognize and pay tribute to the many contributions of African Americans to the history, society and culture of the United States of America; and
WHEREAS, Black History Month celebrates the achievements of African Americans in Arts, Civil Rights, Education, Entertainment, Government, History, Law, Literature, Medicine, Military, Music, Politics, Science, Sports, and other endeavors; and
WHEREAS, the City of Aliso Viejo continues to work toward becoming an inclusive community in which all citizens -past, present, and future- are respected and recognized for their contributions and potential contributions to our community, the state, the country, and the world; and
WHEREAS, special recognition is given to our educators, schools administrators, and our students, including those at St. Mary’s School in Aliso Viejo, who dedicate their time, energy and attention to further the acknowledgement of the importance of this month.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aliso Viejo, California, hereby proclaims February 2023 as Black History Month and encourages all residents to celebrate our diversity and continue our efforts to create a world that is more just, peaceful, and prosperous for all.
Dated this 1st day of February, 2023
___________________________
Richard W. Hurt, Mayor
5 City of Aliso Viejo
AGENDA ITEM
DATE: February 1, 2023
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: 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.
Fiscal Impact:
None.
Background:
Assembly Bill 361 (“AB 361”), effective October 1, 2021, waives certain provisions of the Ralph M. Brown Act and allows legislative bodies to meet virtually until January 1, 2024, provided there is a state of emergency and either:
1. state or local officials have imposed or recommended measures to promote social distancing; or
2. the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.
Under AB 361, the City is not required to allow public access at teleconference locations; however, the City must provide access to meetings via a call-in option or internet-based service option so that members of the public may address the City Council in real time.
Additionally, every 30 days the City Council must reconsider the state of emergency and make the determination to continue meeting virtually in accordance with AB 361.
Discussion:
On October 20, 2021, the City Council adopted Resolution No. 2021-27 authorizing virtual City Council meetings under AB 361, having found and determined that (1) a state of emergency related to COVID-19 is currently in effect; (2) state and local officials have 6
recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. At subsequent meetings, the City Council has reconfirmed the findings and extended the resolution pursuant to AB 361.
Staff will agendize this matter for consideration at each City Council meeting until such time as the state of emergency has been terminated or the City Council determines that conditions no longer exist to prevent meeting safely in person.
Staff recommends that the City Council reconfirm the findings in Resolution No. 2021-27 continue to exist and approve the extension of the resolution.
Attachment:
1. Resolution No. 2021-27
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RESOLUTION NO. 2021-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AUTHORIZING VIRTUAL CITY COUNCIL
MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the Aliso Viejo City Council (“Council”) is committed to preserving and nurturing public access and participation in meetings of the Council; and
WHEREAS, with the exception of closed sessions, all meetings of the Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend and participate in the Council’s meetings; and
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor issued a number of executive orders aimed at containing the COVID-19 virus; and
WHEREAS, among other things, these orders wa ived certain requirements of the Brown Act to allow legislative bodies to meet virtually; and
WHEREAS, pursuant to the Governor’s executive orders, the Council has been holding virtual meetings during the pandemic in the interest of protecting the health and safety of the public, staff, and Councilmembers; and
WHEREAS, the Governor’s executive order related to the suspension of certain provisions of the Brown Act expires on September 30, 2021; and
WHEREAS, on September 16, 2021 the Governor signed Assembly Bill 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by ma jority vote that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in Orange County, specifically, a state of emergency has been proclaimed related to COVID-19, state and local officials are recommending measures to promote social distancing, and because of the ongoing threat of COVID-19, meeting in person would present imminent risks to the health and safety of attendees;
NOW, THEREFORE, BE IT RESOLVED BY THE ALISO VIEJO CITY COUNCIL AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. 8
Section 2. Remote Teleconference Meetings. Consistent with the provisions of Government Code Section 54953(e), the Council finds and determines that (1) a state ofemergency related to COVID-19 is currently in effect; (2) state and local officials have recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings and determinations, the Council authorizes staff to conduct remote teleconference meetings of the Council under the provisions of Government Code Section 54953(e).
Section 3. Effective Date of Resolution. This Resolution shall take effect upon adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Council in accordance with Section 4 of this Resolution.
Section 4. Extension by Motion. The Council may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3).
PASSED, APPROVED AND ADOPTED this 20th day of October, 2021.
Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:
Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
Mitzziiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Ortiz,z,z,z,,z,z,z,z,,zz,zz,,,z,,z,,zz,,z,zz,,zz,z,zzzzz,z,,z,zzzz,,,zz,,,z,z,, MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMC City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No. 2021-27 was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of October 2021, by the following roll call vote, to wit:
AYES: Mayor Ackley, Mayor Pro Tem Chun, Councilmembers Harrington, Hurt and Munzing
NOES: None
ABSENT: None
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
MITZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZI ORTITITITITTITITTITITITITIITIITITITTITITITTITTITITITITTTITTITITITITTITITTTTTTITITITTTTITIITITITITITTTITITITTTITITITITTTTTITITTTTTTITTITTIITITTTITIITITITTIITTTITIITIITIIITTIITTITITIITTTTTTTITTTTTTTITITTTTTTTITTTTTTTTTTTTTTTTTTTTTTTTT ZZZ,ZZZZZZZZZZZZZZZZZZZZZ MMC
CITY CLERK
10
Special Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
SPECIAL MEETING
January 18, 2023, 6:30 P.M.
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.
CALL TO ORDER: Mayor Hurt called the Special Meeting of the City Council of the City of Aliso Viejo to order 6:30 p.m.
ROLL CALL:
PRESENT: MAYOR RICHARD HURT (via teleconference)
MAYOR PRO TEM MIKE MUNZING (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER ROSS CHUN (via teleconference)
COUNCILMEMBER MAX DUNCAN (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY
PUBLIC COMMENTS:
None.
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
REPORT FROM CLOSED SESSION:
City Attorney Scott Smith stated no reportable action was taken. 11
Special Meeting Minutes
ADJOURNMENT: Mayor Hurt adjourned the meeting at 6:54 p.m. to the January 18, 2023 Regular Council Meeting.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC RICHARD W. HURT
CITY CLERK MAYOR
12
Regular Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 18, 2023, 7:00 P.M.
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.
CALL TO ORDER: Mayor Hurt called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:00 p.m.
ROLL CALL
PRESENT: MAYOR RICHARD W. HURT (via teleconference)
MAYOR PRO TEM MIKE MUNZING (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER ROSS CHUN (via teleconference)
COUNCILMEMBER MAX DUNCAN (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY
MITZI ORTIZ, CITY CLERK
ANN EIFERT, FINANCIAL SERVICES DIRECTOR
SHAUN PELLETIER, PUBLIC WORKS DIRECTOR
SO KIM, COMMUNITY DEVELOPMENT DIRECTOR
LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER
ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. SCOTT MERRILL, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: City Manager David Doyle led the pledge of allegiance.
REPORT FROM CLOSED SESSION:
City Attorney Scott Smith stated there was no reportable action.
1. SPECIAL PRESENTATIONS:
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Regular Meeting Minutes
1.1. RECOGNITION OF 2022 MAYOR ROSS CHUN
Mayor Hurt presented the recognition to Councilmember Chun. Councilmember Chun expressed his appreciation.
1.2. RECOGNITION OF ADMINISTRATIVE SERGEANT CHAD PHILLIPS Mayor Hurt presented the recognition in honor of Sergeant Chad Phillips.
1.3. INTRODUCTION OF ADMINISTRATIVE SERGEANT RYAN DIERCKMAN Mayor Hurt introduced Administrative Sergeant Ryan Dierckman. Chief of Police Services Captain Scott Merrill provided additional comments. Administrative Sergeant Ryan Dierckman expressed his appreciation for the welcome.
1.4. OCSD EMERGENCY EVACUATION SIREN SYSTEM VIDEO PRESENTATION Mayor Hurt introduced Chief of Police Services Captain Scott Merrill, who introduced the video presentation.
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
None.
3. COMMUNITY INPUT:
1. Juan Gonzalez, SoCalGas Public Affairs Manager, commented on the natural gas rate increase and provided suggestions to reduce usage.
4. CONSENT CALENDAR:
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Motion: Councilmember Ackley moved and Mayor Pro Tem Munzing seconded to approve the recommended actions. Motion carried 5-0.
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. 14
Regular Meeting Minutes
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.
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.
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 ac counts payable checks and electronic funds transfers issued January 5, 2023, in the amount of $1,147,426.95.
4.5. TREASURER’S STATEMENT – OCTOBER AND NOVEMBER 2022
Recommended Action: Receive and file the October and November 2022 Treasurer’s Statement.
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 Resolution No. 2023-01 reappropriating certain fiscal year 2021- 22 fund balances and amending the fiscal year 2022-23 budget.
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 Resolution No. 2023-02 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.
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Regular Meeting Minutes
4.8. AGREEMENT WITH WOOD RODGERS, INC. FOR STORM DRAIN CONDITION
ASSESSMENT SERVICES
Public Works Director Shaun Pelletier responded to questions regarding assessment process and improvement schedule.
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.
Motion: Mayor Hurt moved and Mayor Pro Tem Munzing seconded to approve the recommended actions. Motion carried 5-0.
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 City Manager to take all necessary steps to execute the lease of the property.
4.10. RESOLUTION UPDATING SALARY SCHEDULE DUE TO MINIMUM WAGE INCREASE Recommended Action: Adopt Resolution No. 2023-03to update the salary schedule due to increase in minimum wage.
5. PUBLIC HEARINGS:
5.1. FIVE-YEAR ECONOMIC DEVELOPMENT SUBSIDY REPORT
City Manager David Doyle introduced Financial Services Director Ann Eifert,who provided an overview. Staff responded to questions regarding potential subsidy for similar companies. Mayor Hurt opened the public hearing. There were no comments. Mayor Hurt closed the public hearing.
Recommended Action:
1. Conduct a public hearing; and
2. Approve the economic subsidy report.
Motion: Councilmember Ackley moved and Councilmember Chun seconded to approve the recommended actions. Motion carried 5-0.
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Regular Meeting Minutes
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) City Manager David Doyle introduced Contract Planner John Kanlund, who provided an overview. Applicant Greg Kim (Shea Properties) responded to questions regarding rent increases. Mayor Hurt opened the public hearing. There were no comments. Mayor Hurt closed the public hearing.
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 Resolution No. 2023-04 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).
Motion: Councilmember Chun moved and Councilmember Ackley seconded to approve the recommended actions. Motion carried 5-0.
5.3. CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT TO ESTABLISH A NEW RESTAURANT SERVING FULL ALCOHOL AT 26611 ALISO CREEK ROAD,
SUITE A
City Manager David Doyle introduced Community Development Director So Kim, who provided an overview. Mayor Hurt opened the public hearing. There were no comments.
Recommended Action:
Open and continue the public hearing to a date uncertain.
Motion: Councilmember Chun moved and Councilmember Ackley seconded to approve the recommended actions. Motion carried 5-0.
6. DISCUSSION:
None.
7. CITY MANAGER' S REPORT:
City Manager David Doyle expressed appreciation to the City Council for holding the meeting virtually to accommodate Councilmember travel; announced registration for winter recreation programs; expressed appreciation to Red Cross Blood Drive donors; 17
Regular Meeting Minutes
announced Mobile Library to be held the first Thursday of the month from 2:30 p.m. to 4:00 p.m. at Iglesia Park Community Center; Aliso Viejo Certified Farmers’ Market held every Saturday from 10:00 a.m. to 2:00 p.m. at Aliso Viejo Town Center; and upcoming Summer Camp programs.
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
Councilmember Duncan:
Attending New Mayors and Council Members Academy
Expressed appreciation to Councilmember Chun for serving as Mayor in 2022 Expressed appreciation to City Manager and staff
Councilmember Ackley:
Congratulated Mayor Hurt on his first meeting as Mayor Encouraged residents to sign up for upcoming Summer Camp programs Councilmember Chun:
Attended ride along with Orange County Fire Authority Attended Red Cross Blood Drive
Attended OCFA Legislative Committee Meeting
Attended Aliso Viejo Chamber of Commerce Board Installation & Awards Breakfast Met with Vikram Venkateswaran regarding Eagle Scout project Attended Boy Scout Troop 700 Meeting
Attended SCAG Transportation Committee Meeting
Requested Red Cross Month Proclamation in March 2023
Mayor Pro Tem Munzing:
Congratulated Councilmember Duncan on his election to the City Council Congratulated Mayor Hurt on his first meeting as Mayor Attended Aliso Viejo Chamber of Commerce Board Installation & Awards Breakfast Mayor Hurt:
Expressed appreciation to City staff
Attended Aliso Viejo Chamber of Commerce Board Installation & Awards Breakfast Announced Orange County Public Library Read & Grow Reading Challenge
9. ADJOURNMENT: Mayor Hurt adjourned the meeting at 7:46 p.m. to the regularly scheduled meeting of February 1, 2023.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC RICHARD W. HURT
CITY CLERK MAYOR
18 City of Aliso Viejo
AGENDA ITEM
DATE: February 1, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: ACCOUNTS PAYABLE
Recommended Action:
Ratify accounts payable checks and electronic funds transfers issued January 19, 2023, in the amount of $674,237.83.
Fiscal Impact:
Expenditures in the amount of $674,237.83.
Background:
The City issues accounts payable checks on bi-weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.
Discussion:
The attached register containing checks and electronic funds transfers dated January 19, 2023, for a total of $674,237.83 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed in accordance with the fiscal year budget by the Director of Financial Services.
Attachment:
1. Accounts Payable Report
19 Accounts Payable 01/19/2023
Description (Item)Vendor Name Amount
101 - GENERAL FUND
PLANNING CONSULTING - COMMONSCIVIC SOLUTIONS INC 320.00 CONSULTANT PEER REVIEW FOR FREEDOM PROJECTKIMLEY-HORN AND ASSOCIATES INC 6,030.00 CONSULTANT PEER REVIEW FOR FREEDOM PROJECTKIMLEY-HORN AND ASSOCIATES INC 8,970.00 REF0011577080-12/22 ORDS ADPTN-COMMONS SPA/DA PNCALIFORNIA NEWSPAPERS PARTNERSHIP 489.80 REF0011572330-12/1 PPSD ADPTN-COMMONS SPA/DA PNCALIFORNIA NEWSPAPERS PARTNERSHIP 421.60 TRAFFIC ENGINEERING AND PLANNING SERVICESSTC TRAFFIC, INC 6,718.75 TRAFFIC ENGINEERING AND PLANNING SERVICESSTC TRAFFIC, INC 6,718.75 OCT'22 CAA-7 COMPUTER STATIONS LEASE CREDITCHARLES ABBOTT ASSOC INC (350.00) OCT'22 ENG 2243 GLAUKOS SITE 2CHARLES ABBOTT ASSOC INC 50.38 OCT'22 CAA ENG 5049 COX UTILITYCHARLES ABBOTT ASSOC INC 125.94 OCT'22 CAA ENG 5047 GRIZZLY TURF - ENG 5047CHARLES ABBOTT ASSOC INC 50.38 OCT'22 CAA ENG 2251 26501 ALISO CREEK GRADINGCHARLES ABBOTT ASSOC INC 1,626.17 OCT'22 CAA ENG 5067 WEBBS GRAINWORKSCHARLES ABBOTT ASSOC INC 1,083.05 OCT'22 CAA ENG 5004 MNWDCHARLES ABBOTT ASSOC INC 302.25 OCT'22 CAA ENG 5002 AT&TCHARLES ABBOTT ASSOC INC 654.88 OCT'22 CAA ENG 5064 CLEAR THOUGHT CORPCHARLES ABBOTT ASSOC INC 327.44 OCT'22 CAA ENG 5005 SCE - SADDLEBACKCHARLES ABBOTT ASSOC INC 100.75 OCT'22 CAA ENG 5008 THE GAS COMPANYCHARLES ABBOTT ASSOC INC 100.75 OCT'22 CAA ENG 5003 COXCHARLES ABBOTT ASSOC INC 201.50
OCT'22 CAA ENG 5046 NX UTILITIESCHARLES ABBOTT ASSOC INC 176.31 NOV'22 CAA-7 COMPUTER STATIONS LEASE CREDITCHARLES ABBOTT ASSOC INC (350.00) NOV'22 ENG 2241 GLAUKOS SITE 1CHARLES ABBOTT ASSOC INC 50.38 NOV'22 ENG 2230 15-25 ENTERPRISE GRADING-ENG 2230CHARLES ABBOTT ASSOC INC 100.74 NOV'22 ENG 2243 GLAUKOS SITE 2CHARLES ABBOTT ASSOC INC 125.94 NOV'22 CAA ENG 5003 COXCHARLES ABBOTT ASSOC INC 151.13
NOV'22 CAA ENG 5064 CLEAR THOUGHT CORPCHARLES ABBOTT ASSOC INC 730.44 NOV'22 CAA ENG 5067 WEBBS GRAINWORKSCHARLES ABBOTT ASSOC INC 377.81 NOV'22 CAA ENG 5005 SCE - SADDLEBACKCHARLES ABBOTT ASSOC INC 75.56 NOV'22 CAA ENG 5002 AT&TCHARLES ABBOTT ASSOC INC 377.81 NOV'22 CAA ENG 5004 MNWDCHARLES ABBOTT ASSOC INC 277.06 NOV'22 BBK-SPA2022-00001/COMMONS/VRBEST BEST & KRIEGER 1,309.00 NOV'22 BBK-SDP2022-00001/COMMONSBEST BEST & KRIEGER 986.00 CD-2022-00059_15 EMERALD TERR_ESKAN DEV. GROUPESKAN DEVELOPMENT GROUP 500.00 38,830.57
CITY COUNCIL
DL - CALCITIES NEW MAYORS + COUNCIL - MDUS BANK PURCHASING CARD PROGRAM 625.00 DL - CALCITIES NEW MAYORS + COUNCIL - RHUS BANK PURCHASING CARD PROGRAM 625.00 OCT'22 CC PHONE LINESAT&T 247.30
CITY COUNCIL TOTAL: 1,497.30
CITY MANAGER
DL - CALCITIES NEW MAYORS + COUNCIL - DDUS BANK PURCHASING CARD PROGRAM 625.00 DL - OCCMA HOLIDAY LUNCHEONUS BANK PURCHASING CARD PROGRAM 130.00 DL - IACP MEMBERSHIP ANNUAL DUESUS BANK PURCHASING CARD PROGRAM 190.00 OCT'22 CM PHONE LINEAT&T 192.70
OCT'22 HR PHONE LINEAT&T 49.46
CITY MANAGER TOTAL: 1,187.16
ECONOMIC DEVELOPMENT
NOV'22 BBK 89 PLAYA CIRCLEBEST BEST & KRIEGER 615.08
ECONOMIC DEVELOPMENT TOTAL: 615.08
HUMAN RESOURCES
PC - LCW CONFERENCE - HR BOOTCAMPUS BANK PURCHASING CARD PROGRAM 200.00 PC - LCW CONFERENCE - HILTON DEPOSITUS BANK PURCHASING CARD PROGRAM 348.23 PC - LCW CONFERENCE - EMPLOYMENT LAWUS BANK PURCHASING CARD PROGRAM 620.00 DEC'22-MI SECURE LIVE SCAN FEESCHARLES C STILL 62.00
PC - OC EMPLOYMENT RELATIONS CONSORTIUM MEMBERSHIPLIEBERT CASSIDY WHITMORE 4,545.00 20 Description (Item)Vendor Name Amount
MEALS - INTERVIEW PANEL FOR ACCOUNTING TECH.US BANK PURCHASING CARD PROGRAM 14.95 MEALS - INTERVIEW PANEL FOR ACCOUNTING TECH.US BANK PURCHASING CARD PROGRAM 81.50 HUMAN RESOURCES TOTAL: 5,871.68
CITY CLERK
MO-01/04 OCCMA REIMB_TOLL & MILEAGEMITZI ORTIZ 41.16
M. ORTIZ-MEMBERSHIP RENEWAL THRU 2/25/2024CALIFORNIA ASSSOCIATION OF PUBLIC INFORMATION OFFICIA… 275.00 FY22-23 RECORDS RTNTN LGL REV UPDATE & ADVGLADWELL GOVERNMENTAL SERVICES INC 300.00 REF0011572328 + REF0011577077CALIFORNIA NEWSPAPERS PARTNERSHIP 1,221.40 ANNUAL WEB FEES_WEB ENHANCEMENT: PENDING UPDATESICC GENERAL CODE, INC 680.00 CITY CLERK TOTAL: 2,517.56
CITY ATTORNEY
NOV'22 BBK LEGAL SERVICES-CCBEST BEST & KRIEGER 970.40
NOV'22 BBK LEGAL SERVICESBEST BEST & KRIEGER 22,138.67
NOV'22 BBK CODE ENFORCEMENTBEST BEST & KRIEGER 1,149.33 NOV'22 BBK LABOR & EMPLOYMENTBEST BEST & KRIEGER 2,428.60 NOV'22 BBK LABOR/BENEFITSBEST BEST & KRIEGER 751.20
NOV'22 BBK CEQA & ENVIRONMENTALBEST BEST & KRIEGER 219.10 NOV'22 MAJOR GENERAL PLAN UPDATE-SPECIAL PROJECTSBEST BEST & KRIEGER 1,980.90 NOV'22 BBK - #801 TOWN CTR SPECIFIC PLANBEST BEST & KRIEGER 2,232.00 CITY ATTORNEY TOTAL: 31,870.20
FINANCE
SOUTHWEST AIRLINES - CSMFO CONFERENCEUS BANK PURCHASING CARD PROGRAM 103.98 CSMFO MEMBERSHIPUS BANK PURCHASING CARD PROGRAM 125.00
CSMFO CONFERENCEUS BANK PURCHASING CARD PROGRAM 470.00
FINANCE TOTAL: 698.98
INFORMATION TECHNOLOGY
JAN'23 ACCT #8802-CH-INTERNETCOX COMMUNICATIONS, INC 1,500.00 DEC'22 - AT&T ELEVATOR LINE - CITY HALLAT&T 1,369.84
DEC'22 CH AT&T POT LINESAT&T 3,025.65
OCT'22 EOC PHONESAT&T 107.86
OCT'22 FLEET COMPLETE (HARDWARE & APP)AT&T 127.70
OCT'22 CH 3 MIFIAT&T 163.96
OCT'22 EOC MIFIAT&T 160.96
DEC'22 CH - AT&T FIBERAT&T 1,105.52
JAN'23 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 1,860.00 INFORMATION TECHNOLOGY TOTAL: 9,421.49
NON-DEPARTMENTAL
2023 MUSIC LICENSE FEES - SESACSESAC INC 1,798.00
JAN'23 RICOH C5200S LEASERICOH USA 729.92
NOV'22 -LATE FEE RICOH 2504EX FRONT COUNTER-COPIESRICOH USA 6.31 12/22/22- JB HOLIDAY LUNCHEONUS BANK PURCHASING CARD PROGRAM 17.23 12/22/22- JB HOLIDAY LUNCHEON ACTIVITYUS BANK PURCHASING CARD PROGRAM 14.21 12/22/22- JB HOLIDAY LUNCHEON TABLE CLOTH RETURNUS BANK PURCHASING CARD PROGRAM (80.17) 12/22/22- JB HOLIDAY LUNCHEONUS BANK PURCHASING CARD PROGRAM 44.97 12/22/22- JB HOLIDAY LUNCHEONUS BANK PURCHASING CARD PROGRAM 56.57 12/22/22- JB HOLIDAY LUNCHEON TABLE CLOTHESUS BANK PURCHASING CARD PROGRAM 80.17 12/22/22- JB HOLIDAY LUNCHEON SUPPLIESUS BANK PURCHASING CARD PROGRAM 136.09 12/22/22- JB HOLIDAY LUNCHEON SUPPLIESUS BANK PURCHASING CARD PROGRAM (0.10) 12/22/22- JB HOLIDAY LUNCHEON RETURNUS BANK PURCHASING CARD PROGRAM (19.90) PC - HOLIDAY LUNCHEON - GC - CAFE RIOUS BANK PURCHASING CARD PROGRAM 10.00 PC - HOLIDAY LUNCHEON - SUPPLIES - COSTCOUS BANK PURCHASING CARD PROGRAM 283.08 PC - HOLIDAY LUNCHEON - GC - TARGETUS BANK PURCHASING CARD PROGRAM 60.00 PC - HOLIDAY LUNCHEON - GC - RAISING CANESUS BANK PURCHASING CARD PROGRAM 10.00 PC - HOLIDAY LUNCHEON - GC - PANDA EXPRESSUS BANK PURCHASING CARD PROGRAM 10.00 PC - HOLIDAY LUNCHEON - GC - BEYOND THAIUS BANK PURCHASING CARD PROGRAM 10.00 PC - HOLIDAY LUNCHEON - GC - CHOPSTOPUS BANK PURCHASING CARD PROGRAM 10.00 PC - HOLIDAY LUNCHEON - SUPPLIES - TARGETUS BANK PURCHASING CARD PROGRAM 2.69 PC - HOLIDAY LUNCHEON - GC - NEKTERUS BANK PURCHASING CARD PROGRAM 10.00 PC - HOLIDAY LUNCHEON - GC - SUBWAYUS BANK PURCHASING CARD PROGRAM 10.00 PC - HOLIDAY LUNCHEON - GC - WAHOOSUS BANK PURCHASING CARD PROGRAM 10.00 PC - HOLIDAY LUNCHEON - GC - SGT PEPPERONISUS BANK PURCHASING CARD PROGRAM 10.00 CH BOTTLED WATER SERVICE-12/22_1CS & 1/5_12 CSDS SERVICES OF AMERICA, INC 132.45 BUSINESS CARDS- MM MD RCIPROMOTEU.COM INC 142.07
21 Description (Item)Vendor Name Amount
PLATES & BADGES-DELGADILLO & COUNCILJ&M TROPHIES INC 80.76 DEC'22 VISTA PARK LIGHTINGPEAK LIGHTING & ELECTRIC INC 105.45 FY22-23 RICOH 2504EX FRONT COUNTER-COPIESRICOH USA 228.64 JAN'23 RICOH 2504EX SUITE 200-COPIESRICOH USA 22.05
JAN'23 OFF SITE STORAGE RECORDSCERTIFIED RECORDS MANAGEMENT 563.77 01/09/22-COUNCIL MAIL_MDFEDERAL EXPRESS 11.10
CEN - COPY&BREAK ROOM SUPPLIES DEC'22STAPLES ADVANTAGE 574.97 SEP '22-6.65 HRS-PIO/GENERALRK BRANDS, LLC 598.50
OCT'22-6.12 HRS-PIO/GENERALRK BRANDS, LLC 550.80
NOV'22-6.44 HRS-PIO/GENERAL&FB AD_BKFST W SANTARK BRANDS, LLC 579.60 DEC'22-8.34 HRS-PIO/GEN_WTR REC AD & CITY MGR MSGRK BRANDS, LLC 750.60 JAN'23 BANNER PROGRAMVIGICABI INC 431.00
FY22-23 BANNER PROGRAMVIGICABI INC 1,400.00
NON-DEPARTMENTAL TOTAL: 9,390.83
C. S. ADMINISTRATION
DECEMBER 2022 CHRISTMAS TREE LIGHT. EVENT SUPPORTPV MAINTENANCE INC 5,075.00 DEPOSIT - JAMFEST 2023- JOLLY JUMP RENTALSM&J PAUL ENTERPRISES INC 4,342.50 12/22/22- JB SNOW BLANKETSUS BANK PURCHASING CARD PROGRAM 28.00 12/22/22- JB BREAKFAST WITH SANTAUS BANK PURCHASING CARD PROGRAM 36.46 12/22/22- JB BREAKFAST WITH SANTAUS BANK PURCHASING CARD PROGRAM 36.52 12/22/22- JB BREAKFAST WITH SANTAUS BANK PURCHASING CARD PROGRAM 74.18 12/22/22- JB BREAKFAST WITH SANTAUS BANK PURCHASING CARD PROGRAM 25.84 12-22-22 - JL STAFF PONCHOS FOR TREE LIGHTINGUS BANK PURCHASING CARD PROGRAM 98.00 12-22-22 - JL BREAKFAST WITH SANTA SUPPLIESUS BANK PURCHASING CARD PROGRAM 20.46 12-22-22 - JL BREAKFAST WITH SANTA SUPPLIESUS BANK PURCHASING CARD PROGRAM 21.55 12-22-22 - JL WIRELESS MICUS BANK PURCHASING CARD PROGRAM 35.71 12-22-22 EM HOLIDAY EVENT SUPPLIESUS BANK PURCHASING CARD PROGRAM 214.42 12-22-22 EM TREE LIGHTING STAFF MEALUS BANK PURCHASING CARD PROGRAM 247.65 DEC'22 SMP R&CS CONTRIBUTIONCABCO YELLOW INC 385.00
COMMUNITY ASSISTANCE GRANT FY 22-23SOUTH COAST SYMPHONY 750.00 C. S. ADMINISTRATION TOTAL: 11,391.29
IGLESIA PARK
DEC'22 IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 741.50 DEC'22 ACCT #7997 IGLESIA PARKSO CAL EDISON 242.85
IGLESIA PARK TOTAL: 984.35
IGLESIA BUILDING
JANITORIAL SERVICES IGLESIA CENTER JANUARY 2023TEAM ONE MANAGEMENT SERVICES 950.00 DEC'22 IGLESIA CENTER LIGHTINGPEAK LIGHTING & ELECTRIC INC 157.13 DEC'22 ACCT #7997 IGLESIA BLDGSO CAL EDISON 849.30
IGLESIA BUILDING TOTAL: 1,956.43
PLANNING
NOV'22- GB AND JK CONTRACT PLANNING SERVICESCIVIC SOLUTIONS INC 9,490.00 NOV'22- GB CONTRACT PLANNING SERVICESCIVIC SOLUTIONS INC 320.00 DEC'22- JK CONTRACT PLANNING SERVICESCIVIC SOLUTIONS INC 11,440.00 DEC'22 - GB CONTRACT PLANNING SERVICESCIVIC SOLUTIONS INC 1,400.00 DEC'22 AFFORDABLE HOUSING PROFESSIONAL SERVICESREBECCA J CAHA 3,250.00 DEC'22 AVTC- PROFESSIONAL CONSULTANT SERVICESBRIAN JAMES CORNELIUS 11,414.00 PLANNING TOTAL: 37,314.00
BUILDING
OCT'22 CAA BUILDING SERVICESCHARLES ABBOTT ASSOC INC 39,771.07 NOV'22 CAA BUILDING SERVICESCHARLES ABBOTT ASSOC INC 44,018.82 BUILDING TOTAL: 83,789.89
CODE ENFORCEMENT
OCT'22 CAA CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 8,234.30 NOV'22 CAA CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 6,191.05 CODE ENFORCEMENT TOTAL: 14,425.35
ENGINEERING (GENERAL)
JAN'23 WAREHOUSE LEASEPV MAINTENANCE INC 1,035.00
OCT'22 PW TABLETSAT&T 120.72
OCT'22 CAA NPDES COSTSCHARLES ABBOTT ASSOC INC 15,004.02 OCT'22 CAA SOLID WASTECHARLES ABBOTT ASSOC INC 8,098.68 OCT'22 CAA PW ENGINEERING-ADMINCHARLES ABBOTT ASSOC INC 3,012.63 NOV'22 CAA NPDES COSTSCHARLES ABBOTT ASSOC INC 15,688.18 22 Description (Item)Vendor Name Amount
NOV'22 CAA SOLID WASTECHARLES ABBOTT ASSOC INC 7,819.76 NOV'22 CAA PW ENGINEERING-ADMINCHARLES ABBOTT ASSOC INC 2,536.96 ENGINEERING (GENERAL) TOTAL: 53,315.95
STREET MAINTENANCE
DEC'22 STREET MAINTENANCEPV MAINTENANCE INC 17,043.03
OCT'22 CAA STREET MAINTENANCECHARLES ABBOTT ASSOC INC 9,014.74 NOV'22 CAA STREET MAINTENANCECHARLES ABBOTT ASSOC INC 10,550.38 STREET MAINTENANCE TOTAL: 36,608.15
LAW ENFORCEMENT-OTHER
CP - THE TOLL ROADSUS BANK PURCHASING CARD PROGRAM 575.00 CP -DEPUTY APPRECIATION EVENT / INSURANCE COVERAGEUS BANK PURCHASING CARD PROGRAM 252.00 CP - ENGRAVING OF 26 HANDCUFFSUS BANK PURCHASING CARD PROGRAM 427.71 CP - 2022 DEPUTY OF THE YEAR PLAQUEUS BANK PURCHASING CARD PROGRAM 223.67 CP - BRASS NAME PLATES FOR UNIFORMED PERSONNELUS BANK PURCHASING CARD PROGRAM 20.00 CP - STAFF FOOD FOR HOLIDAY TREE LIGHTING EVENTUS BANK PURCHASING CARD PROGRAM 141.42 CP - STAFF BEV FOR HOLIDAY TREE LIGHTING EVENTUS BANK PURCHASING CARD PROGRAM 42.25 CP - FOOD FOR HOLIDAY TREE LGHTING EVENTUS BANK PURCHASING CARD PROGRAM 19.99 CP - BRASS PLATES FOR COMMAND STAFF PHOTOSUS BANK PURCHASING CARD PROGRAM 51.72 CP TACTICAL YETI CUPS FOR LE PERSONNEL / ENGRAVINGUS BANK PURCHASING CARD PROGRAM 423.50 CP - TACTICAL BACKPACK FOR STAFFUS BANK PURCHASING CARD PROGRAM 96.96 OCT'22 PAL PHONE LINEAT&T 44.43
SPARE HARLEY REPAIRS VIN#8767OC HARLEY DAVIDSON 3,160.50 REPAIRS FROM COLLISION VIN#1944OC HARLEY DAVIDSON 4,236.54 10/30-11/12/22 - 368 HRS CROSSING GUARD SVCALL CITY MANAGEMENT SERVICES 10,712.48 11/13-11/26/22 - 230 HRS CROSSING GUARD SVCALL CITY MANAGEMENT SERVICES 6,695.30 11/27-12/10/22 - 456.5 HRS CROSSING GUARD SVCALL CITY MANAGEMENT SERVICES 13,288.72 LAW ENFORCEMENT-OTHER TOTAL: 40,412.19
EOC
BINDERS FOR EOCSTAPLES ADVANTAGE 12.27
EOC TOTAL: 12.27
GENERAL FUND TOTAL: 382,110.72
102 - GEN. FD-CITY HALL
NON-DEPARTMENTAL
JANITORIAL SERVICES CITY HALL JANUARY 2023TEAM ONE MANAGEMENT SERVICES 3,330.00 DEC'22 CITY HALL LIGHTINGPEAK LIGHTING & ELECTRIC INC 127.50 OCCUPANCY SENSORS - 2ND FLOOR KITCHENCONSOLIDATED ELECTRICAL DISTRIBUTORS, INC 52.29 JAN'23 CITY HALL ELEVATOR MONITORINGTHURSTON ELEVATOR CONCEPTS INC 131.00 DEC'22 MTR#6544 CITY HALLTHE GAS COMPANY 1,387.86
DEC'22 38 COLONIAL WAY ELECTRICITYSO CAL EDISON 83.79
DEC'22 ACCT #7189 CITY HALLSO CAL EDISON 4,605.14
NON-DEPARTMENTAL TOTAL: 9,717.58
GEN. FD-CITY HALL TOTAL: 9,717.58
103 - GF-AV RECREATION SERVICES
FACILTY RENTAL - ORLI ESTRADAORLI ESTRADA 1,962.00
REFUND FEEORLI ESTRADA (50.00)
1,912.00
RECREATION SERVICES
12/3/22 DRY CLEANING SERVICESPRESS-TIGE ENTERPRISES INC 411.26 12/10/22 DRY CLEANING SERVICESPRESS-TIGE ENTERPRISES INC 447.55 12/22/22- JB STORAGEUS BANK PURCHASING CARD PROGRAM 102.53 12/22/22- JB CLEANING SUPPLIESUS BANK PURCHASING CARD PROGRAM 85.50 12/22/22- JB BREAKROOM SUPPLIESUS BANK PURCHASING CARD PROGRAM 77.21 12/22/22- JB BINSUS BANK PURCHASING CARD PROGRAM 110.87 12/10/22 DRY CLEANING SERVICESPRESS-TIGE ENTERPRISES INC 78.62 12/24/22 DRY CLEANING SERVICESPRESS-TIGE ENTERPRISES INC 241.92 1/7/23 DRY CLEANING SERVICESPRESS-TIGE ENTERPRISES INC 278.21 12/31/22 DRY CLEANING SERVICESPRESS-TIGE ENTERPRISES INC 108.86 12-22-22 EM CITY DAY CAMP TICKETS LEGOLAND PT3US BANK PURCHASING CARD PROGRAM 796.99 12-22-22 EM CITY DAY CAMP TICKETS LEGOLAND PT2US BANK PURCHASING CARD PROGRAM 796.99 12-22-22 EM CITY DAY CAMP TICKETS LEGOLAND PT5US BANK PURCHASING CARD PROGRAM 796.99 23 Description (Item)Vendor Name Amount
12-22-22 EM CITY DAY CAMP TICKETS LEGOLAND PT1US BANK PURCHASING CARD PROGRAM 796.99 12-22-22 EM CITY DAY CAMP TICKETS LEGOLAND PT4US BANK PURCHASING CARD PROGRAM 796.99 12-22-22 EM COVID TESTS ORDERED PRE-DONATEDUS BANK PURCHASING CARD PROGRAM 58.11 12-22-22 EM AV RANCH SUPPLIESUS BANK PURCHASING CARD PROGRAM 15.06 12-22-22 EM PRESENTATION REMOTE REPLACEMENTUS BANK PURCHASING CARD PROGRAM 37.70 DEC'22 AVR AT&T POT LINES & INTERNETAT&T 1,012.00
DEC'22 - 12/21/22 BOTTLED WATER SERVICESDS SERVICES OF AMERICA, INC 68.13 DEC'22 RANCH JANITORIALTEAM ONE MANAGEMENT SERVICES 5,300.00 OCT'22 REC PHONE LINESAT&T 178.76
OCT'22 REC TABLETSAT&T 40.24
DEC'22 AVR EVENT SECURITY SERVICESLYONS SECURITY SERVICE IN 1,120.00 DEC'22 RANCH LIGHTINGPEAK LIGHTING & ELECTRIC INC 225.93 OCT-DEC'22 RICOH C2500 AVR-COPIESRICOH USA 246.31
DEC'22 AVR FIRST AID SERVICESCINTAS CORPORATION NO. 2 107.23 DEC'22 RCS OFFICE SUPPLIESSTAPLES ADVANTAGE 140.03
11/22-12/26/22 MTR#1100 FARM IRRIGATIONMOULTON NIGUEL WATER DIST 160.94 MTR#0958 11/22-12/26/22 FARM IRRIGATIONMOULTON NIGUEL WATER DIST 173.05 DEC'22 ACCT #4551 FARMSO CAL EDISON 588.14
JAN'23 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 677.55 RECREATION SERVICES TOTAL: 16,076.66
GF-AV RECREATION SERVICES TOTAL: 17,988.66
203 - GAS TAX
TRAFFIC ENGINEERING
DEC'22 CITYWIDE ADT FLOW MAPRK ENGINEERING GROUP INC 4,000.00 DEC'22 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 1,125.00 TRAFFIC ENGINEERING TOTAL: 5,125.00
STREET MAINTENANCE
DEC'22 STREET MAINTENANCE (GAS)PV MAINTENANCE INC 20,830.38 DECEMBER 2022 ACCT 700070032125 GS1 MEDIANSSO CAL EDISON 67.28 JAN'23 DATABASE MAINTENANCE + ST. TICKETSUNDERGROUND SERVICE ALERT OF SOUTHERN CA 52.00 DEC'22 STREET SWEEPING SERVICESR F DICKSON CO INC 8,668.66 MTR#8838 11/21-12/26/22 MEDIANSMOULTON NIGUEL WATER DIST 302.15 ACCT#6544 11/22-12/26/22 MEDIANSMOULTON NIGUEL WATER DIST 589.03 MTR#2066 11/22-12/26/22 MEDIANSMOULTON NIGUEL WATER DIST 98.64 DEC'22 ACCT#6377 LS2 STREET LIGHTSSO CAL EDISON 1,129.44 DEC'22 ACCT#7241 LS1 ST LGHTSSO CAL EDISON 15,946.37
DEC'22 ACCT#8254 TC1 ST LIGHTSSO CAL EDISON 3,450.17
STREET MAINTENANCE TOTAL: 51,134.12
GAS TAX TOTAL: 56,259.12
204 - MEASURE M
GEN-MEASURE M
DEC'22 SMP M2 FUNDCABCO YELLOW INC 1,540.00
GEN-MEASURE M TOTAL: 1,540.00
MEASURE M TOTAL: 1,540.00
215 - PUBLIC SAFETY GRANTS
LAW ENFORCEMENT-OTHER
CP - REFUND FOR HANDCUFFSUS BANK PURCHASING CARD PROGRAM (1,904.74) JANUARY 2023 AUTOMATED FINGERPRINT ID SYSTEMCOUNTY OF ORANGE 1,904.00 LAW ENFORCEMENT-OTHER TOTAL: -0.74
PUBLIC SAFETY GRANTS TOTAL: -0.74
245 - DEVELOPMENT IMPACT
GEN-DEVELOPMENT IMPACT
DEC'22 METER 13223825 38 COLONIALTHE GAS COMPANY 12.21
GEN-DEVELOPMENT IMPACT TOTAL: 12.21
DEVELOPMENT IMPACT TOTAL: 12.21
24 Description (Item)Vendor Name Amount
251 - FEDERAL GRANTS
GEN-FEDERAL GRANT
CDBG CONSULTING SERVICES JULY 2022MIKE LINARES INC 1,265.00 GEN-FEDERAL GRANT TOTAL: 1,265.00
FEDERAL GRANTS TOTAL: 1,265.00
261 - CITY FAC.-AQUATIC CENTER
JAN'23 AQ CTR-RETENTION FEESPREMIER AQUATIC SERVICES (1,208.30) -1,208.30
GEN-AQUATIC CENTER
DEC'22 COX INTERNET #6701COX COMMUNICATIONS, INC 495.97 DEC'22 AQUATIC CENTER MAINTENANCEPV MAINTENANCE INC 800.80 JAN'23 MANAGEMENT FEESPREMIER AQUATIC SERVICES 12,083.00 DEC'22 AQUATIC CENTER LIGHTINGPEAK LIGHTING & ELECTRIC INC 317.71 JANITORIAL SERVICES AQUATIC CENTER JANUARY 2023TEAM ONE MANAGEMENT SERVICES 2,100.00 DEC'22 AQUATIC CENTER OFFICE SUPPLIESSTAPLES ADVANTAGE 624.74 DEC'22 MTR#2349 AQUATICTHE GAS COMPANY 7,130.80
OCT-DEC'22-AQ CTR-MTR#4987 ELECTRICITYALISO VIEJO BANQUET CENTER LLC 4,085.21 OCTOBER JACKRABBIT PREMIER AQUATICSPREMIER AQUATIC SERVICES 220.50 DECEMBER JACKRABBIT PREMIER AQUATICSPREMIER AQUATIC SERVICES 220.50 NOVEMBER JACKRABBIT PREMIER AQUATICSPREMIER AQUATIC SERVICES 220.50 AUGUST JACKRABBIT PREMIER AQUATICSPREMIER AQUATIC SERVICES 220.50 SEPTEMBER JACKRABBIT PREMIER AQUATICSPREMIER AQUATIC SERVICES 220.50 SHOWER CURTAIN AND SCANNER PREMIER AQUATICSPREMIER AQUATIC SERVICES 47.46 JBL SPEAKER AND WALL STATION PREMIER AQUATICSPREMIER AQUATIC SERVICES 318.87 TWO ADDITIONAL PATIO HEATERS PREMIER AQUATICSPREMIER AQUATIC SERVICES 295.16 DESK FOR ASST. MANAGERS PREMIER AQUATICSPREMIER AQUATIC SERVICES 169.16 PATIO HEATERS PREMIER AQUATICSPREMIER AQUATIC SERVICES 147.58 FIRST AID ITEMS PREMIER AQUATICSPREMIER AQUATIC SERVICES 126.12 EQUIPMENT FOR PROGRAMMING PREMIER AQUATICSPREMIER AQUATIC SERVICES 91.54 KICKBOARDS PREMIER AQUATICSPREMIER AQUATIC SERVICES 210.79 SWIM LEVEL GRADUATION REWARDS PREMIER AQUATICSPREMIER AQUATIC SERVICES 76.34 DECORATIONS FOR GLITTER & GLOW NIGHT PREMIERPREMIER AQUATIC SERVICES 177.69 DEC'22 MONTHLY MAINTENANCEKNORR SYSTEMS INC 1,792.64
GEN-AQUATIC CENTER TOTAL: 32,194.08
CITY FAC.-AQUATIC CENTER TOTAL: 30,985.78
311 - STREET IMPROVEMENTS
NOV'22 #135 SLURRY SEAL RETENTIONALL AMERICAN ASPHALT (3,037.50) DECEMBER 2022 #135 FY22-23 SLURRY SEAL RETENTIONALL AMERICAN ASPHALT (5,500.00) -8,537.50
TRAFFICE SAFETY
DEC'22 #130 ALISO CREEK TRAFFIC SIGNAL SYNCHARTZOG & CRABILL INC 255.00 TRAFFICE SAFETY TOTAL: 255.00
STREETS & HIGHWAYS
NOV'22 SLURRY SEAL AND REHABILITATIONALL AMERICAN ASPHALT 60,750.00 DECEMBER 2022 #135 FY22-23 SLURRY SEALALL AMERICAN ASPHALT 110,000.00 DEC-22 - ALISO CREEK REHAB DESIGN SERVICESENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 1,392.00 STREETS & HIGHWAYS TOTAL: 172,142.00
STREET IMPROVEMENTS TOTAL: 163,859.50
331 - CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
JUN-NOV'22 RANCH ADDT. & CONT. ARCHITECT. SERVICESTHIRTIETH STREET ARCHITECTS INC 7,400.00 CAPITAL IMPROVEMENTS TOTAL: 7,400.00
CAPITAL IMPROVEMENTS TOTAL: 7,400.00
25 Description (Item)Vendor Name Amount
741 - RENEWABLE FARMS
EMILY HUNTER REFUNDEMILY HUNTER 3,100.00
3,100.00
RENEWABLE FARMS TOTAL: 3,100.00
GRAND TOTAL: 674,237.83
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 382,110.72382,110.72
102 - GEN. FD-CITY HALL 9,717.589,717.58
103 - GF-AV RECREATION SERVICES 17,988.6617,988.66
203 - GAS TAX 56,259.1256,259.12
204 - MEASURE M 1,540.001,540.00
215 - PUBLIC SAFETY GRANTS -0.74-0.74
245 - DEVELOPMENT IMPACT 12.2112.21
251 - FEDERAL GRANTS 1,265.001,265.00
261 - CITY FAC.-AQUATIC CENTER 30,985.7830,985.78
311 - STREET IMPROVEMENTS 163,859.50163,859.50
331 - CAPITAL IMPROVEMENTS 7,400.007,400.00
741 - RENEWABLE FARMS 3,100.003,100.00
674,237.83Grand Total: 674,237.83
26 Accounts Payable 01/19/2023 Payment Dates: 01/06/2023 - 01/20/2023 1/19/2023 2:45:08 PM Page 8 of 10
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 382,110.72
102 - GEN. FD-CITY HALL 9,717.58
103 - GF-AV RECREATION SERVICES 17,988.66
203 - GAS TAX 56,259.12
204 - MEASURE M 1,540.00
215 - PUBLIC SAFETY GRANTS -0.74
245 - DEVELOPMENT IMPACT 12.21
251 - FEDERAL GRANTS 1,265.00
261 - CITY FAC.-AQUATIC CENTER 30,985.78
311 - STREET IMPROVEMENTS 163,859.50
331 - CAPITAL IMPROVEMENTS 7,400.00
741 - RENEWABLE FARMS 3,100.00
674,237.83Grand Total:
Account Summary
Payment AmountAccount Number Account Name
101-2602-000 PLANNING DEPOSIT 32,291.34
101-2603-000 ENGINEERING DEPOSIT 6,739.23
101-2606-000 C & D DEPOSIT 500.00
101-37505 INFORMATION TECHNOL… -700.00
101-4-1101-4511-000 COMMUNICATION 247.30
101-4-1101-4520-000 MTGS/CONF./TRNG & DE… 1,250.00
101-4-1501-4511-000 COMMUNICATION 242.16
101-4-1501-4520-000 MTGS/CONF./TRNG & DE… 755.00
101-4-1501-4521-000 MEMBERSHIP & DUES 190.00
101-4-1502-4302-000 ECONOMIC DEVELOPME… 615.08
101-4-1503-4309-000 OTHER CONTRACTUAL SE… 62.00
101-4-1503-4520-000 MTGS/CONF./TRNG & DE… 5,713.23
101-4-1503-4612-000 OPERATING SUPPLIES 96.45
101-4-1601-4303-000 LEGAL NOTICES 1,221.40
101-4-1601-4309-000 OTHER CONTRACTUAL SE… 300.00
101-4-1601-4520-000 MTGS/CONF./TRNG & DE… 41.16
101-4-1601-4521-000 MEMBERSHIP & DUES 275.00
101-4-1601-4734-000 CODIFICATION 680.00
101-4-2101-4304-000 LEGAL SERVICES 27,438.20
101-4-2101-4532-000 SPECIAL PROJECTS 4,212.90
101-4-2101-4733-000 ZONING CODE 219.10
101-4-2501-4520-000 MTGS/CONF./TRNG & DE… 103.98
101-4-2501-4521-000 MEMBERSHIP & DUES 595.00
101-4-3101-4305-000 TECHNOLOGY SERVICES 9,421.49
101-4-3501-4301-000 PROFESSIONAL SERVICES 2,479.50
101-4-3501-4421-000 EQUIPMENT RENTAL 729.92
101-4-3501-4431-000 BUILDING & GROUND MA… 105.45
101-4-3501-4471-000 RENT 563.77
101-4-3501-4512-000 POSTAGE 11.10
101-4-3501-4513-000 PRINTING 399.07
101-4-3501-4521-000 MEMBERSHIP & DUES 1,798.00
101-4-3501-4553-000 COMMUNITY BRANDING 1,831.00
101-4-3501-4601-000 SUPPLIES 788.18
101-4-3501-4612-000 OPERATING SUPPLIES 684.84
101-4-4101-4524-000 RECREATION-SENIOR TRA… 385.00
101-4-4101-4527-000 REC-CITY SPECIAL EVENTS 10,220.58
101-4-4101-4533-000 COMMUNITY ASSISTANCE… 750.00
101-4-4101-4601-000 SUPPLIES 35.71
101-4-4102-4411-000 UTILITIES 242.85
101-4-4102-4431-000 BUILDING & GROUND MA… 741.50
101-4-4103-4411-000 UTILITIES 849.30
27 Accounts Payable 01/19/2023 Payment Dates: 01/06/2023 - 01/20/2023 1/19/2023 2:45:08 PM Page 9 of 10
Account Summary
Payment AmountAccount Number Account Name
101-4-4103-4431-000 BUILDING & GROUND MA… 1,107.13
101-4-4401-4309-000 OTHER CONTRACTUAL SE… 25,900.00
101-4-4401-4532-000 SPECIAL PROJECTS 11,414.00
101-4-4402-4751-000 C.S-BUILDING 83,789.89
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 14,425.35
101-4-4501-4471-000 RENT 1,035.00
101-4-4501-4612-000 OPERATING SUPPLIES 120.72
101-4-4501-4701-000 NPDES 30,692.20
101-4-4501-4702-000 AB939-SOLID WASTE 15,918.44
101-4-4501-4741-000 C.S-CITY ENGINEERING 5,549.59
101-4-4503-4771-000 C.S-STREET MAINTENANCE 36,608.15
101-4-5102-4511-000 COMMUNICATION 44.43
101-4-5102-4516-000 FUEL 575.00
101-4-5102-4517-000 VEHICLE MAINTENANCE 7,397.04
101-4-5102-4535-000 SPECIAL EVENTS 252.00
101-4-5102-4612-000 OPERATING SUPPLIES 926.76
101-4-5102-4613-000 TACTICAL GEAR 520.46
101-4-5102-4721-000 C.S-CROSSING GUARDS 30,696.50
101-4-5401-4612-000 OPERATING SUPPLIES 12.27
102-4-3501-4411-000 UTILITIES 6,076.79
102-4-3501-4431-000 BUILDING & GROUND MA… 3,640.79
103-34130 FACILITY RENTAL 1,962.00
103-34169 REFUNDS -50.00
103-4-4105-4305-000 TECHNOLOGY SERVICES 1,935.86
103-4-4105-4411-000 UTILITIES 173.05
103-4-4105-4431-000 BUILDING & GROUND MA… 6,645.93
103-4-4105-4451-000 FARM OPERATING EXPEN… 749.08
103-4-4105-4511-000 COMMUNICATION 219.00
103-4-4105-4570-000 CITY CAMP EXPENSE 3,984.95
103-4-4105-4601-000 SUPPLIES 691.50
103-4-4105-4612-000 OPERATING SUPPLIES 1,677.29
203-4-4502-4301-000 PROFESSIONAL SERVICES 5,125.00
203-4-4503-4411-000 UTILITIES 21,583.08
203-4-4503-4771-000 C.S-STREET MAINTENANCE 20,882.38
203-4-4503-4772-000 C.S-STREET SWEEPING 8,668.66
204-4-6104-4309-000 OTHER CONTRACTUAL SE… 1,540.00
215-4-5102-4803-000 PUBLIC SAFETY EQUIPME… -0.74
245-4-6145-5920-750 ACQUISITION 12.21
251-4-6151-4309-000 OTHER CONTRACTUAL SE… 1,265.00
261-2103-000 RETENTIONS PAYABLE -1,208.30
261-4-6161-7401-000 EQUIPMENT MAINTENAN… 1,792.64
261-4-6161-7402-000 COMPUTER EXPENSE 1,102.50
261-4-6161-7411-000 UTILITIES 11,711.98
261-4-6161-7421-000 BUILDING & GROUND MA… 3,218.51
261-4-6161-7431-000 SUPPLIES 624.74
261-4-6161-7432-000 MINOR EQUIPMENT 978.23
261-4-6161-7433-000 OPERATING SUPPLIES 217.66
261-4-6161-7435-000 MERCHANDISE 210.79
261-4-6161-7441-000 MARKETING 254.03
261-4-6161-7451-000 MANAGEMENT FEES 12,083.00
311-2103-000 RETENTIONS PAYABLE -8,537.50
311-4-8201-5701-000 CONSTRUCTION 255.00
311-4-8301-5501-000 DESIGN 1,392.00
311-4-8301-5701-000 CONSTRUCTION 170,750.00
331-4-8701-5910-000 IMPROVEMENTS 7,400.00
741-37831 FARM RENTAL REVENUE 3,100.00
Grand Total: 674,237.83
28 Accounts Payable 01/19/2023 Payment Dates: 01/06/2023 - 01/20/2023 1/19/2023 2:45:08 PM Page 10 of 10
Project Account Summary
Payment AmountProject Account Key
**None** 389,581.98
0014701 30,692.20
0495910 7,400.00
1305701 255.00
1345501 1,392.00
1355701 170,750.00
8012101 4,212.90
8014532 11,414.00
8994761 14,425.35
9294520 625.00
9304520 625.00
9974570 3,984.95
ENG 2241 50.38
ENG 2243 176.32
ENG 2251 1,626.17
ENG 5002 1,032.69
ENG 5003 352.63
ENG 5004 579.31
ENG 5005 176.31
ENG 5008 100.75
ENG 5046 176.31
ENG 5049 125.94
ENG 5064 1,057.88
ENG 5067 1,460.86
PA 21-017 15,000.00
SDP-2022-0001 1,306.00
SPA-2022-00001 8,939.15
USE-2022-00009 6,718.75
Grand Total: 674,237.83
29 City of Aliso Viejo
AGENDA ITEM
DATE: February 1, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/City Treasurer SUBJECT: TREASURER’S STATEMENT – DECEMBER 2022
Recommended Action:
Receive and file the December 2022 Treasurer’s Statement.
Fiscal Impact:
No Fiscal Impact.
Background:
Per City policy, the Finance Department presents the monthly Treasurer’s Statement for the City Council’s review. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments.
Discussion:
The City’s portfolio consists of investments in Certificates of Deposits, US Treasuries, US Federal Agencies, Corporate Bonds, and Local Agency Investment Fund (LAIF). All funds invested with LAIF are available for withdrawal within 24 hours.
The Treasurer’s Statement provides information regarding the City’s investment portfolio and activity during the reporting month. The City’s investment portfolio is in compliance with all government codes as well as the City’s investment policy. Interest is credited to the City’s bank account monthly and allocated among the City’s funds. The current portfolio provides sufficient cash flow liquidity to meet the upcoming operating expenses and spending requirements for the next 6 months.
Attachment:
Attachment 1 – December 2022 Treasurer’s Statement
30 TREASURER'S MONTHLY CASH STATEMENT
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 3,542,056.26 $ 4,586,958.48 $ 3,509,224.27 $ 4,486,887.44 $ TCRF 72,729.31 $ (5,255.00) 67,474.31 GAS TAX FUND 864,862.16 $ 115,487.28 93,643.30 (176,440.00) 710,266.14 MEASURE M 1,695,044.51 $ (1,058,727.56) 636,316.95 SB1-RMRA (157,482.48) $ 90,014.07 (15,296.50) (82,764.91) PUBLIC SAFETY GRANTS 192,996.17 $ 22,578.44 17,799.58 197,775.03 (1) AIR QUALITY IMPRVMNT FD 1,098,588.59$ 17,045.96 1,115,634.55 INTEGRATED WASTE MGMT FD 82,975.21$ 82,975.21 OTHER GRANTS (154,028.55) $ (154,028.55)
TECHNOLOGY GRANT 248,803.30 $ 940.39 247,862.91 DEVELOPMENT IMPACT 1,352,213.28 $ 648.38 1,351,564.90 FEDERAL GRANTS (162,177.65) $ 9,400.60 (1,226.89) (172,805.14) CITY FACILITY - AV CTR 179,758.92 $ 37.65 179,721.27 CITY FACILITY - AQUATIC CTR (40,446.88)$ 41,439.13 93,668.67 (92,676.42) STREET IMPROVEMENTS (379,951.28)$ 39,365.48 804,565.14 1,255,452.62 110,301.68 (2) CAPITAL IMPROVEMENTS (18,719.20)$ 114,712.16 133,431.36 - (2) STORM WATER 505.34 $ 965.00 965.00 505.34 (2) COP CAPITAL - $ - (2) COP (4,819.40) $ (4,819.40)
AV RANCH FOUNDATION 100.00 $ 100.00
CFD 2005-01 (8,205.55) $ 887,470.30 888,552.30 (9,287.55) RENEWABLE FARMS 41,122.42 $ 14,972.25 25,572.50 30,522.17 COMMUNITY TRUST 7,540.68 $ 7,540.68
TOTALS 8,453,465.16 $ 5,815,331.39 $ 5,559,729.94 $ 0.00 $ 8,709,066.61$ SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT 2,129,739.68 $
SAVINGS ACCOUNT: MONEY MARKET 25,766.26 $
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 6,553,560.67 $
TOTAL CASH 8,709,066.61 $
Years to Maturity for December 2022 1.18
Weighted Average Yield for December 2022 2.620%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.
Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 31,522,883.39$ Cash With Fiscal Agent COPS/CFD 2005-01 4,355,315.15
Cash With Investment Advisor City Investments 25,028,130.60 AV Center 1,896,338.68
PR Account 240,443.96
Petty Cash 2,655.00
GRAND TOTAL OF CITY FUNDS 40,231,950.00 $
(1) Public Safety Grant includes the MDC and PVS Program Costs budgeted with SLESF funds. (2) Transfers in and out are done on a quarterly basis.
Street Improvements include the Slurry Seal, Traffic Management and Street Improvement Projects.
Capital Improvements include park and AV Ranch improvement projects.
Storm Water includes the Dairy Fork and Wood Canyon Emergent Wetland Project.
CITY OF ALISO VIEJO
December 31, 2022
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37 LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
CITY OF ALISO VIEJO
DIRECTOR OF FINANCIAL SVCS/ CITY TREAS
12 JOURNEY , #100
ALISO VIEJO, CA 92656
Account Number: 98-30-007
December 2022 Statement
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
12/8/2022 12/7/2022 RW 1718888 1679196 ANN EIFERT -500,000.00 12/21/2022 12/20/2022 RW 1719421 1679736 ANN EIFERT -2,000,000.00 12/28/2022 12/28/2022 RD 1719718 1680047 ANN EIFERT 3,000,000.00 Account Summary
Total Deposit: 3,000,000.00 Beginning Balance: 6,053,560.67 Total Withdrawal: -2,500,000.00 Ending Balance: 6,553,560.67 38 December 2.173
November 2.007
October 1.772
PMIA Quarter to Date(1): 1.98
287PMIA Average Life(1):
2.07LAIF Apportionment Rate(2):
0.00005680946709337
0.981389258
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 2.29
Treasuries
66.67%
Agencies
20.08%
Certificates of
Deposit/Bank Notes
6.26%
Time
Deposits
2.58%
Commercial
Paper
3.95%
Corporate
Bonds
0.27%
Loans
0.19%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 01/18/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/22
Chart does not include $3,466,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/22
$199.6 billion
39 City of Aliso Viejo
AGENDA ITEM
DATE: February 1, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: SEVENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT & ASSOCIATES, INC. TO PROVIDE ECONOMIC
DEVELOPMENT CONSULTING SERVICES
Recommended Action:
Approve and authorize the City Manager to execute a Seventh Amendment to the Professional Services Agreement with Kosmont & Associates, Inc. for economic development consulting services to increase the total compensation by an amount not to exceed $15,000.
Fiscal Impact:
The cost for the services provided under the seventh amendment is not to exceed $15,000. Funds for this project are available in the adopted FY 2022-23 budget.
Background:
In May 2015, the City entered into a professional services agreement with Kosmont & Associates, Inc. (“Kosmont”) to provide economic development advisory services.
Kosmont has and continues to provide market and economic analysis, business attraction and retention strategies, and financial analysis for opportunity sites identified within the City. Most recently, Kosmont has been assisting the City in progressing the Aliso Viejo Town Center Vision Plan.
Discussion:
Staff is recommending that the compensation amount for the Kosmont professional services agreement be increased by $15,000 to further the efforts of the Town Center Vision Plan. Staff will reassess the progress of the Town Center Vision Plan near the end of the fiscal year and report on the next steps, if any. No changes are proposed to the agreement term, which ends on June 30, 2023.
40
Attachments:
1. Original Professional Services Agreement with Kosmont
2. Seventh Amendment with Kosmont
41 42
43 44
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60367.01100\33489405.1
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CITY OF ALISO VIEJO
SEVENTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR PLANNING CONSULTANT SERVICES
1. PARTIES AND DATE.
This Seventh Amendment to the Professional Services Agreement for Planning Consultant Services (“Seventh Amendment”) is entered into on the ____ day of ________, 2023, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Kosmont & Associates, Inc., dba Kosmont Companies (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for Economic Development Services dated May 21, 2015 (“Agreement”).
2.2 First Amendment. The Parties entered into a First Amendment dated June 1, 2016, to update the scope of services to be provided by the Consultant; provide compensation to Consultant for such additional services; and extend the term provided in Section 3.1.2 of the Agreement.
2.3 Second Amendment. The Parties entered into a Second Amendment dated August 16, 2017, to further update the scope of services to be provided by the Consultant; provide compensation to Consultant for such additional services; and extend the term provided in Section
3.1.2 of the Agreement.
2.4 Third Amendment. The Parties entered into a Third Amendment dated January 16, 2019, to further update the scope of services to be provided by the Consultant; provide compensation to Consultant for such additional services; and extend the term to June 30, 2020.
2.5 Fourth Amendment. The Parties entered into a Fourth Amendment in order to further update the scope of services to be provided by the Consultant provide compensation to Consultant for such additional services; and extend the term provide in Section 3.1.2 of the Agreement.
2.6 Fifth Amendment. The Parties entered into a Fifth Amendment in order to further update the scope of services to be provided by the Consultant; provide compensation to Consultant for such additional services; and extend the term provided in Section 3.1.2 of the Agreement.
2.7 Sixth Amendment. The Parties entered into a Sixth Amendment in order to extend the term to June 30, 2023.
2.8 Seventh Amendment. The Parties now desire to amend the Agreement in order to increase the compensation to Consultant for continued services provided in Section 3.3.1 of the Agreement.
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3. TERMS.
3.1 Term. Section 3.3.1 of the Agreement is hereby amended to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Ninety-One Thousand, Five Hundred Dollars ($191,500) ("Total Compensation") without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Declaration of Political Contributions. Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of their employees, including any employee(s) that Consultant intends to assign to perform the Services described in this First Amendment.
3.3 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Seventh Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Seventh Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Seventh Amendment.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.5 Counterparts. This Seventh Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
64 60367.01100\33489405.1
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SIGNATURE PAGE FOR SEVENTH AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES
BETWEEN THE CITY OF ALISO VIEJO AND KOSMONT & ASSOCIATES IN WITNESS WHEREOF, the parties have executed this Seventh Amendment to Agreement on this ____ day of __________, 2023.
CITY OF ALISO VIEJO
Approved:
By:
David Doyle
City Manager
ATTEST:
By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Ann Eifert
Director of Financial Services
Kosmont & Associates, Inc., dba Kosmont
Companies
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
65 60367.01100\33489405.1
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CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
67 EXHIBIT “A”
SEVENTH AMENDMENT TO
AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
SCOPE OF SERVICES
The scope of services shall include the following economic development programs and activities:
Ongoing Economic Development Advisory
Kosmont will be available to work with the City on Economic Development initiatives such as business attraction, business retention and assisting local businesses.
Kosmont activities will include the update and refinement of previously prepared Citywide and opportunity site marketing collateral and attendance/ coordination of meetings at Innovating Commerce Serving Communities (" ICSC") and/ or other industry conferences as decided by City and Consultant. Kosmont will conduct outreach through phone and email communication, local commercial real estate broker collaboration strategies / meetings, meetings with major landlords, arrangement of site tours, and/ or other recruitment and business retention activities, as deemed appropriate by City and Consultant. These ICSC and local activities and meetings will either be virtual or in person as appropriate.
Consultant will assist the City with pursuit and execution of potential economic incentives, funding sources, and/ or financing structures in the context of potential public- private transactions, such as, but not limited to, special districts / enhanced infrastructure financing districts (" EIFD"), site- specific tax revenue pledges, taxable/ tax exempt) bonds or notes, lease or lease / lease back financing, and/or grants, as appropriate.
Kosmont is available to perform additional economic development and real estate services such as analysis of possible fiscal impacts and economic benefits and/ or project proforma feasibility as requested by the City.
68 EXHIBIT “B”
SIXTH AMENDMENT TO
AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
COMPENSATION
Professional Services Hourly Rate
Chairman & CEO $ 375
President $ 345
Senior Vice President $ 305
Vice President $ 210
Senior Project Analyst $ 195
Project Analyst/ Project Research Assistant $ 165
Project Analyst/ Assistant Project Manager $ 125
Project Promotion/ Graphics/ GIS Mapping Services $ 95
Clerical Support $ 70
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/ technological support and related administrative expenses will be charged, which will be computed at four percent (4.0%) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures , such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) If Kosmont retains Third Party Vendor (s) for Client (with Client' s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 4) Consultant's attendance or participation at any public meeting , whether such participation is in person, digital, video and/ or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services hourly) fees as shown on this Exhibit B.
Charges for Court/Deposition/ExpertWitness-Related Appearances Court- related ( non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of
1.5 times scheduled rates, with a 4-hour minimum.
Rates shall remain in effect until June 30, 2023.
69 City of Aliso Viejo
AGENDA ITEM
DATE: February 1, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
Scott C. Smith, City Attorney
SUBJECT: ORDINANCE AMENDING SECTION 15.14.080 OF THE ALISO VIEJO
MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
Recommended Actions:
1. Hold a public hearing and introduce for first reading an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AMENDING SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
2. Find the attached Ordinance exempt from the requirements of the California Environmental Quality Act pursuant to California Public Resources Code section 21080.17.
Background:
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). These bills include Assembly Bills 68 and 881 and Senate Bill 13—which went into effect on January 1, 2020.
One of the most notable changes was prohibiting cities from requiring a minimum lot size for ADUs. This allowed ADUs to be built on any lot zoned for residential use, such as single-family, multi-family, and mixed-use districts (approximately 6,600 properties in the City). The City Council previously adopted Ordinance No. 2020-215 to comply with this legislation.
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The Legislature has since enacted additional ADU legislation. The proposed ordinance (Attachment 1) updates the City’s local ADU and JADU regulations to comply with the recent changes in state law.
Discussion:
Following the bills noted above, in 2020 and 2021 the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”) and Assembly Bill 345 (“AB 345”), respectively. Among other things, AB 3182 expanded the scenarios under which the City must allow certain ADUs and JADUs with only a building permit. AB 345 required cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26. Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer.
In September 2022, the California Legislature approved, and the Governor signed into law, a new bill (“SB 897”)1 that further amends state ADU and JADU law. Among other things, SB 897:
• Requires the City to allow certain ADUs to be higher—up to 18 feet for a detached unit or 25 feet for an attached unit, depending the situation; • Requires the City’s front setback requirement to yield for ADUs constructed in the same location and to the dimensions as an existing structure or if the front yard is the only location where an ADU may be lawfully constructed; • Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them;
• Prohibits the City from denying an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU; and
• In instances where a JADU will share a bathroom with the primary dwelling, the City must require the JADU to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.
SB 897 will take effect on January 1, 2023. If the City’s ADU ordinance does not comply
1 Both AB 2221 and SB 897 were signed into law, but AB 2221 has no effect because it would have amended the same statute that SB 897 amended, and SB 897 was signed into law (chaptered) later. AB 2221 was therefore “chaptered out.” But section 2.5 of SB 897 expressly includes, among others, changes to the ADU law that would have been made by AB 2221. Ultimately, only SB 897 is effective and relevant. 71
with state law, then its entire ADU ordinance becomes null and void as a matter of law— and the City will have to allow ADUs with no local regulation except for the few requirements in the state ADU law itself (Gov. Code, § 65852.2(a)(4)).
Included as Attachment 1 is a proposed ordinance that will amend the City’s local ADU and JADU regulations—contained in AVMC Section 15.14.080—to comply with AB 3182, AB 345, and SB 897. Included as Attachment 2 is a redline, which shows the ordinance’s changes to AVMC Section 15.14.080. Adopting the ordinance will align AVMC section
15.14.080 with the recent changes in state law. Consequently, staff recommends that the City Council proceed in accordance with the recommended actions set forth above.
Environmental:
Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the state’s ADU law.
Public Notice:
This item was publicly noticed in accordance with state law and the City’s standard agenda procedures.
Attachments:
1. Proposed Ordinance
2. AVMC 15.14.080 – Redlined
72
ORDINANCE NO. 2023-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AMENDING SECTION 15.14.080 OF THE ALISO
VIEJO MUNICIPAL CODE RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Aliso Viejo, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, several bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2020, the City Council adopted Ordinance No. 2020-215 to comply with the then-recent changes in state ADU and JADU law; and
WHEREAS, in September 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”); and
WHEREAS, AB 3182, among other things, amended Government Code section 65852.2 to expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and
WHEREAS, in September 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 345 (“AB 345”), which requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26. Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer; and
WHEREAS, in September 2022, the Legislature approved, and the Governor signed into law, Senate Bill 897 (“SB 897”), which imposed further restrictions on local authority to regulate ADUs and JADUs, including with respect to height limits, setbacks, application review and denial procedures, unpermitted structures, and JADU configurations; and WHEREAS, the City’s regulations governing ADUs and JADUs are provided in Section
15.14.080 of the Aliso Viejo Municipal Code (“AVMC”); and 73
WHEREAS, this ordinance (“Ordinance”) updates AVMC Section 15.14.080 to comply with AB 3182, AB 345, and SB 897; and
WHEREAS, on February 1, 2023, the City Council held a duly noticed public hearing to consider the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Aliso Viejo does ordain as follows:
SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the Ordinance is statutorily exempt from CEQA in that the Ordinance implements the State’s ADU law.
SECTION 3. Required Findings. In accordance with Section 15.78.050(E) of the Aliso Viejo Municipal Code, the City Council hereby finds as follows:
1. Public Welfare . Adoption of this Ordinance will not create conditions materially detrimental to the public health, safety, and general welfare as it simply updates the AVMC to comply with state law requirements governing the construction of ADUs and JADUs in the City. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption of which the City Council determined will not create conditions materially detrimental to the public health, safety, and general welfare.
2. General Plan . The Ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).
SECTION 4. Code Amendments. Section 15.14.080 of the Aliso Viejo Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 5 . Effective Date. This Ordinance takes effect 30 days following its adoption.
SECTION 6 . Publication. The City Clerk shall either: (a) have this Ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) 74
have a summary of this Ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.
SECTION 7 . Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.
SECTION 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
PASSED, APPROVED AND ADOPTED this ___ day of _________ 2023.
__________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 75
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2023-___ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ____ day of ______, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2023-___ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held __________, 2023 and that the Summary of the Ordinance was published on __________, 2023 and __________, 2023 in the Laguna Niguel News.
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
76
EXHIBIT “A”
Amended AVMC Section 15.14.080
15.14.080 Accessory dwelling units.
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
B. Effect of Conforming . An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection (C.7) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code Section 18007.
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. 77
4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances;
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size;.
b. It is contained entirely within an existing or proposed single-family structure; An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single- family structure.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in subsection (C.4) above.
6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
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11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Applications.
1. An application for an ADU that is subject only to a building permit under subsection (E) below shall be submitted to the building division. Site plans, floor plans, elevations, and draft deed restrictions shall be submitted with the application and documents required for submittal to the building division.
2. An application for a development review permit (DRP) under subsection (F) below shall be submitted to the planning division. Site plans, floor plans, elevations, a project narrative, draft deed restrictions, and evidence of having given notice to the HOA, if applicable, shall be submitted with the application.
E. Approvals – Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (H) below, it is allowed with only a building permit in the following scenarios:
1. Converted on Single-family Lot. One ADU as described in this subsection (E.1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code section 65852.22.
2. Limited Detached on Single-family Lot. One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (E.1) above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet; 79
b. The total floor area is 800 square feet or smaller; and c. The peak height above grade does not exceed the applicable height limit in subsection (H.2) below.
3. Converted on Multifamily Lot . One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (E.3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU; and
b. The peak height above grade does not exceed the applicable height limit provided in subsection (H.2) below.
F. Approvals. - Development Review Permit (DRP).
1. Except as allowed under subsection (E) above, no ADU may be created without both a building permit and a DRP permit in compliance with the standards set forth in subsections (H) and (I) below
2. The city may charge a fee to reimburse it for costs incurred in processing DRP permit, including the costs of adopting or amending the city’s ADU ordinance. The DRP-permit processing fee is determined by the planning director and approved by the city council by resolution.
G. Process and Timing.
1. An application to create an ADU or JADU under this section will be considered and approved ministerially, without discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application,.
If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
80
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (G.2) above.
4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
H. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (E) and (F) above:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection (E) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to a DRP permit under subsection (F) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2. Height.
a. Except as otherwise provided by subsections (H.2.b) or (H.2.c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are 81
defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection (H.2.d) may not exceed two stories.
e. For purposes of this subsection (H.2), height is measured above existing legal grade to the peak of the structure.
3. Fire Sprinklers.
a. Fire sprinklers, approved by Orange County Fire Authority (OCFA), are required in an ADU if sprinklers are required in the primary residence when constructed.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic System . If the ADU or JADU will connect to an existing on-site water-treatment system serving the property, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. If the property on which the ADU or JADU is constructed does not utilize an on- site water treatment system, nothing in this section authorizes an ADU or JADU to utilize an on-site water-treatment system.
7. Owner Occupancy.
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a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. As required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction . Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code. 83
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Income Reporting . In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with California Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
10. Building & Safety.
a. Must comply with building code. Subject to subsection (H.10.b) below, all ADUs and JADUs must comply with all local building code requirements.
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H.10.b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
I. Specific DRP Requirements. The following requirements apply only to ADUs that require a DRP permit under subsection (F) above:
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1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection (I) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection (I), such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, open space, or the percentage-based size limit in subsection (I.1.b) above may require the ADU to be less than 800 square feet.
2. Setback. ADUs subject to this subsection (I) shall comply with the following setbacks:
a. Front-yard setbacks.
i. Subject to subsection (I.2.a.ii) below, no part of any ADU subject to this subsection (I) may be located within 10 feet of a front property line or have a front yard setback that is less than the primary dwelling.
ii. If a front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may
encroach into a required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. An ADU that is subject to this subsection (I) must conform to 4-foot side-and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection (I) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. Lot Coverage. No ADU subject to this subsection (I) may cause the total lot coverage of the lot to exceed 75 percent, subject to subsection (I.1.c).
4. Minimum Open Space. For multifamily residential projects, no ADU subject to this subsection (I) may cause the total percentage of open space of the development to fall below 25 percent, subject to subsection (I.1.c). 85
5. Passageway. No passageway, as defined in subsection (C.8) above, is required for an ADU.
6. Parking.
a. Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem parking, as defined in subsection (C.11) above.
b. Exceptions. No parking under subsection (I.6.a) above is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C.10) above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (E.1) above. iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (I.6.b.i) through (I.6.b.v) above.
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces for the primary residence are not required to be replaced. Parking for the ADU will apply under subsections (I.6.a) and (I)(6)(b) above.
7. Architectural Requirements.
a. Windows and doors of the accessory dwelling unit may not have a direct line of sight to an adjoining residential property. Fencing or privacy glass may be used to provide screening and prevent a direct line of sight.
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b. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
c. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
d. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
e. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
f. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Mechanical equipment may not be placed within four feet of an adjacent property.
8. Landscape Requirements. Trees removed on site for construction of the ADU or to provide parking should be replaced with 24-inch box trees of the same variety.
9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
J. Fees. The following requirements apply to all ADUs that are approved under subsections (E) and (F) above.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (J.1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
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b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection (J.2.a), converted ADUs on a single-family lot that are created under subsection (E.1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection (J.2.a), all ADUs not covered by subsection (J.2.b) require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage- fixture units (DFU) values, as defined by the Uniform
Plumbing Code, upon the water or sewer system.
ii. The portion of the fee charged by the city may not exceed the reasonable cost of providing this service.
K. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was 88
constructed before January 1, 2018, if denial is based on either of the following grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law or this ADU ordinance (section 15.14.080).
b. Exceptions:
i. Notwithstanding subsection (K.2.a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. ii. Subsection (K.2.a) above does not apply to a building that is deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.
L. Nonconforming ADUs and Discretionary Approval . Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (K) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
89 15.14.080 Accessory dwelling units.
A. A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
B. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. 1. Deemed to be inconsistent with t he city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. 2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. 3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. 4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(7) of this section C.7) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
C. C. Definitions. As used in this section, terms are defined as follows:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. a. An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and
b. b. A manufactured home, as defined by California Health and Safety Code Section 18007.
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
3. “Complete independent living facilitie s” means permanent provisions for living, sleeping, eating, c ooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. “Efficiency kitchen” means a kitchen that includes eachall of the following:
a. a. A cooking facility with appliances;
90 b. b. A food preparation counter or counters that total at least 15 square feet in area; andand storage cabinets that are of reasonable size in relation to the size of the JADU.
c. Food storage cabinets that total at least 30 square feet of shelf space.
5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. a. IsIt is no more than 500 square feet in size;.
b. b. IsIt is contained entirely within an existing or proposed single- family structure;. An enclosed use within t he residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. c. IncludesIt includes its own separate sanitation facilities or shares sanitation facilities with the ex isting or proposed single-family structure; and.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. d. IncludesIt includes an efficiency kitchen, as defined in subsection (C)(4) of this sectionC.4) above.
6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not in clude a garage or any accessory structure.
7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fix ed routes, and are available to the public.
91 11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. D. ApplicationApplications.
1. 1. An application for an ADU that is s ubject only to a building permit under subsection (E) of this section E) below shall be submitted to the building division. Site plans, floor plans, elevations, and draft deed restrictions shall be submitted with the app lication and documents requ ired for submittal to the building division.
2. 2. An application for a development review permit (DRP) under subsection (F) of this section F) below shall be submitted to the planning division. Site plans, floor plans, elevations, a project narrative, draft deed restrictions, and evidence of having given notice to the HOA, if applicable, shall be submitted with the application.
E. E. Approvals – Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection ( G) of this section H) below, it is allowed with only a building permit in the following scenarios:
1. 1. Converted on Single-family Lot. Only oneOne ADU or as described in this subsection (E.1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. a. Is either: within the space of a proposed single-family dwelling; within the existing space of an ex isting single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress (for purposes of this subsection, “within the existing spac e” includes a structure that is constructed in the same location and to the same dimensions); and
b. b. Has exterior access that is independent of that for the single-family dwelling; and
c. c. Has side and rear setbacks suffici ent for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requi rements of Government Code section 65852.22.
2. 2. Limited Detached on Single-family Lot . One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot 92 under subsection ( E)(1) of this section E.1) above ), if the detached ADU satisfies each of the following limitations:
a. a. The side- and rear-yard setbacks are at least four feet;
b. b. The total livingfloor area is 800 square feet or smaller; and c. c. The peak height above grade is 16 feet or less does not exceed the applicable height limit in subsection (H.2) below.
3. 3. Converted on Multifamily Lot . MultipleOne or more ADUs within portions of existing multifamily dwelli ng structures that are not used as livable space, including but not limit ed to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state buildin g standards for dwellings. At Under this subsection (E.3), at least one converted ADU is a llowed within an existing multifamily dwelling, up to a numberquantity equal to 25 percent of the existing multifamily dwelling units.
4. 4. Limited Detached on Multifamily Lot . No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a. a. The side- and rear-yard setbacks are at least four feet . If the existing multifamily dwelling has a r ear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU; and
b. b. The peak height above grade is 16 feet or less does not exceed the applicable height limit provided in subsection (H.2) below.
F. F. Approvals. - Development Review Permit (DRP).
1. Except as allowed under subsection ( E) of this section E) above, no ADU may be created without both a build ing permit and a DRP permit in compliance with the standards set forth in subsections (GH) and (H) of this sectionI) below.
1. Process. A development review permit (DRP) is considered and approved ministerially, without discretionary review or a hearing.
2. 2. Permit Fees. The city may charge a fee to reimburse it for costs incurred in processing development reviewDRP permit (DRP), including the costs of adopting or amending the city’s ADU ordinance. The DRP-permit processing fee is determined by the planning director and approved by the city council by resolution.
G. General ADU and JADU Requirem ents. The following requirements apply to all ADUs and JADUs that are approved under subsections (E) and (F) of this section:
93 G. Process and Timing.
1. An application to create an A DU or JADU under this section will be considered and approved ministerially, without discretionary review or a hearing.
2. 1. Timing. The city must act onapprove or deny an application to create an ADU or JADU within 60 da ys from the date that the city receives a completed application,. If the city has not approved or denied the completed application within 60 days, t he application is deemed approved unless either:
a. a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
b. b. In the case of a JADU, when the When an application to create a junior accessory dwelling unit an ADU or JADU is submitted with a permit application to creat e a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Noti ce of the denial and corresponding comments must be provided to the app licant within the 60-day time period established by subsection (G.2) above.
4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
H. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (E) and (F) above:
1. 2. Zoning.
a. a. An ADU or JADU subject only to a building permit under subsection (E) of this section E) above may be created on a lot in a residential or mixed-use zone.
b. b. An ADU or JADU subject to a DRP permit under subsection (F) of this section F) above may be created on a lot that is zoned to allow 94 single-family dwelling residentia l use or multifamily dwelling residential use.
2. Height.
a. Except as otherwise provided by subsections (H.2.b) or (H.2.c) below, a detached ADU created on a lot with an existing or proposed single family or multif amily dwelling unit may no t exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half m ile walking distance of a major transit stop or a high quality trans it corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lo t with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dw elling, whichever is lower.
Notwithstanding the for egoing, ADUs subject to this subsection (H.2.d) may not exceed two stories.
e. For purposes of this subsection (H.2), height is measured above existing legal grade to the peak of the structure.
3. 3. Fire Sprinklers.
a. Fire sprinklers, approved by Orange County Fire Authority (OCFA), are required in an ADU if sprinkle rs are required in the primary residence when constructed.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. 4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
95 5. 5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 65852.26, no ADU or JADU may be sold or otherwise convey ed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. 6. Septic System. If the ADU or JADU will connect to an existing on-site water-treatment system serving the pr operty, the owner must include with the application a percolation test complet ed within the last five years or, if the percolation test has been recertified, within the last 10 years. If the property on which the ADU or JADU is constructed does not utilize an on- site water treatment system, nothing in this section authorizes an ADU or JADU to utilize an on-site water-treatment system.
7. 7. Owner Occupancy.
a. All ADUs legally created before January 1, 2020, are subject to the owner-occupancy requirement that was in place when the ADU was created.
a. b. An ADU that is createdpermitted after that dateJanuary 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
b. c. AllUnless applicable law r equires otherwise, all ADUs that are createdpermitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. d. AllAs required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on t he property, in either the primary dwelling or JADU, as the person’ s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8. 8. Deed Restriction. Prior to issuance of a bu ilding permit for an ADU or JADU, a deed restriction must be recor ded against the title of the property in the county recorder’s office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. a. TheExcept as otherwise provided in Government Code section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
96 b. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. c. The deed restriction runs with the land and may be enforced against future property owners.
d. d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed re striction, an owner may make a written request of the director, pr oviding evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be ta ken from the director’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physi cally removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining st ructure and impr ovements must otherwise comply with applicable provisions of this code.
e. e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is aut horized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. 9. Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with California Government Code Sections 65583.1 and 65852.2, the following requi rements must be satisfied:
a. a. With the building-permit applicati on, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit t he report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
10. Building & Safety.
97 a. Must comply with building code. Subject to subsection (H.10.b) below, all ADUs and JADUs must comply with all local building code requirements.
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H.10.b) prevents the city from changing the occupancy code of a space that was uninhabi table space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
I. H. Specific DRP Requirements. The following requirements apply only to ADUs that require a DRP permit under subsection (F) of this section:F) above:
1. 1. Maximum Size.
a. a. The maximum size of a detached or attached ADU subject to this subsection (I) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. No more than two bedrooms are allowed.
b. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. c. Application of other development standards in this subsection (HI), such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lo t coverage, open space, or the percentage-based size limit in subsection ( H)(1)(b) of this section I.1.b) above may require the ADU to be smallerless than 800 square feet.
2. Setback. ADUs subject to this subsection (I) shall comply with the following setbacks:
a. Front-yard setback s.
i. Subject to subsection (I.2.a .ii) below, no part of any ADU subject to this subsection (I) may be located within 10 feet of 98 the a front property line or have a front yard setback that is less than the primary dwelling.
ii. If a front yard setback is the only location on the lot where an ADU may be lawfully constr ucted, then the ADU may
encroach into a required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. An ADU that is subject to this subsection (I) must conform to 4-foot side-and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection (I) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. 2. Lot Coverage. No ADU subject to this subsection (I) may cause the total lot coverage of the lot to exceed 75 percent, subject to subsection (I.1.c).
4. 3. Minimum Open Space . For multifamily residential projects, no ADU subject to this subsection ( HI) may cause the total percentage of open space of the development to fall below 25 percent , subject to subsection (I.1.c).
4. Height. No ADU subject to this subsection (H) may exceed 16 feet in height above grade, measured to the peak of the structure.
5. 5. Passageway. No passageway, as defined in subsection ( C) of this sectionC.8) above, is required for an ADU.
6. 6. Parking.
a. a. Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem parking, as defined in subsection (C) of this sectionC.11) above.
b. b. Exceptions. No parking under subsection (H)(1)(a) of this section I.6.a) above is required in the following situations:
i. i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C) of this sectionC.10) above.
ii. ii. The ADU is located within an architecturally and historically significant historic district.
iii. iii. The ADU is part of the pr oposed or existing primary residence or an accessory st ructure under subsection ( E) of this sectionE.1) above.
99 iv. iv. When on-street parking permi ts are required but not offered to the occupant of the ADU.
v. v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (I.6.b.i) through (I.6.b.v) above.
c. c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjun ction with the construction of an ADU or converted to an ADU, those off-street parking spaces for the primary residence are not required to be replaced. Parking for the ADU will apply under subsections (I)(6)(a) and (I)(6)(b) above
7. 7. Architectural Requirements.
a. a. Windows and doors of the accessory dwelling unit may not have a direct line of sight to an adjoi ning residential property. Fencing , landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
b. b. The materials and colors of the ex terior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
c. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
d. The exterior lighting must be lim ited to down-lights or as otherwise required by the building or fire code.
e. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
f. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
g. All windows and doors in an ADU le ss than 30 feet from a property line that is not a public right-of-way line must either be (for windows) 100
clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. c. Mechanical equipment shall be located at the furthest location possible from surrounding resi dents, nor shall mechanical equipmentmay not be placed within four feet of an adjacent property.
8. 8. Landscape Requirements. Trees removed on site for construction of the ADU or to provide parking should be replaced with 24-inch box trees of the same variety.
9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
J. Fees. The following requirements apply to all ADUs that are approved under subsections (E) and (F) above.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (J.1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. C ode § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required fo r an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the prim ary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2. I. Utility Fees.
a. 1. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the no rmal connection fee and capacity charge for a new dwelling are required.
b. 2. Except as described in subsection ( I)(1) of this section J.2.a), converted ADUs and JADUs on a single-family lot, that are created under subsection (E)(1) of this section, E.1) above are not required to have a new or separate utilit y connection directly between the 101
ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
c. 3. Except as described in subsection ( I)(1) of this section J.2.a), all ADUs and JADUs not covered by subsection ( I)(2) of this section J.2.b) require a new, separate utility connection directly between the ADU or JADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU , based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee charged by the city may not exceed the reasonable cost of providing this service.
K. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, build ing code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before Januar y 1, 2018, if denial is based on either of the following grounds:
i. The ADU violates applic able building standards, or
ii. The ADU does not comply with the state ADU law or this ADU ordinance (section 15.14.080).
b. Exceptions:
i. Notwithstanding subsection (K.2.a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is nec essary to protect the health and safety of the public or of occupants of the structure.
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ii. Subsection (K.2.a) above does no t apply to a building that is deemed to be substandard in a ccordance with California Health and Safety Code section 17920.3.
L. J. Nonconforming ADUs and Di scretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (K) of this section may be allowed by the city with a conditional use permit, in accordance with the other pr ovisions of this title. [Ord. 2020-215 § 3 (Exh. A); Ord. 2017-192 § 7].
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City of Aliso Viejo
AGENDA ITEM
DATE: February 1, 2023
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: APPOINTMENT OF SCAG GENERAL ASSEMBLY DELEGATE
Recommended Action:
Appoint delegate and alternate for the Southern California Association of Governments (SCAG) General Assembly to be held May 5, 2023.
Fiscal Impact:
Mileage and lodging expenses are estimated at less than $500. Funds for City Council travel and training expenditures are included in the FY 2022-23 Budget.
Discussion:
This year’s SCAG Regional Conference & General Assembly will be held May 4-5 in Palm Desert, CA. During the General Assembly on May 5, delegates will have the opportunity to consider and take action on proposed Resolutions and/or SCAG Bylaw revisions that have been submitted and reviewed in accordance with SCAG policies.
In order for the City to participate in the General Assembly, the City Council must take action to appoint a delegate and alternate.
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