Aliso Viejo City Council
March 15, 2023

1 AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, MARCH 15, 2023
6:00 PM CLOSED SESSION
7:00 PM REGULAR MEETING

City Hall
Council Chambers
12 Journey
Aliso Viejo, CA

Mayor Richard W. Hurt
Mayor Pro Tem Mike Munzing
Councilmember Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan

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 ava ilable 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 t o comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102- 35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425- 2505 at least 48 hours prior to the meeting.

Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the age nda are available in the lobby at City Hall on the Friday 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 permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U - Verse Channel 99, and can be viewed on the internet at www.avcity.org.

DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ

CITY MANAGER CITY ATTORNEY CITY CLERK
1 2

PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER: CONVENE SPECIAL MEETING

PUBLIC COMMENTS:

CLOSED SESSION:

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager and City Attorney Unrepresented Employees: All Employees

CALL TO ORDER: CONVENE REGULAR MEETING

ROLL CALL

PLEDGE OF ALLEGIANCE:

REPORT FROM CLOSED SESSION:

1. SPECIAL PRESENTATIONS:

1.1. RECOGNITION OF BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY YOUTH OF

THE YEAR
Certificate of Recognition

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 ar e limited to three (3) minutes per speaker.

2 3

4. CONSENT CALENDAR:

All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.

4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

4.2. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the March 1, 2023 Special Meeting and the March 1, 2023 Regular Meeting.

Draft Minutes - March 1, 2023 Special Meeting
Draft Minutes - March 1, 2023 Regular Meeting

4.3. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued on March 2, 2023, in the amount of $228,553.48.

Staff Report
Attachment 1 - Accounts Payable Report

4.4. FISCAL YEAR 2022-23 FINANCIAL UPDATE
Recommended Action:

1. Receive and file the fiscal year (FY) 2022-23 financial update;

2. Appropriate an additional $61,500 and $16,000 for the Aquatic Center and the AV Center, respectively, for the FY 2022-23 budget; and

3. Appropriate an additional $100,000 to the General Fu nd for the implementation of district elections.

Staff Report

4.5. FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. TO PROVIDE PLANNING CONSULTING SERVICES Recommended Action: Approve and authorize the City Manager to execute a Fourth Amendment to the Professional Services Agreement with Civ ic Solutions, Inc. for planning consulting services to increase the total compensation by an amount not to exceed $40,000.

Staff Report
Attachment 1 - Original Agreement
Attachment 2 - Fourth Amendment

4.6. GENERAL PLAN ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2022 Recommended Action:

1. Find that the action is not a project as defined by the California Environmental Quality Act pursuant to State CEQA Guidelines section 15378(b)(5); 3 4

2. Receive and file the 2022 General Plan Annual Progress Report (APR); and

3. Direct staff to submit the A PR to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

Staff Report
Attachment 1 - 2022 Annual Progress Report
Attachment 2 - Appendix A to Annual Progress Report

5. PUBLIC HEARINGS:

None.

6. DISCUSSION:

6.1. RESOLUTION OF INTENTION REGARDING TRANSITION TO DISTRICT -BASED

ELECTIONS
Recommended Action: Adopt a Resolution entitled: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA DECLARING ITS

INTENTION TO TRANSITION FROM AT -LARGE TO BY- DISTRICT ELECTIONS AND

FINDING THIS TRANSITION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(b)(3), 15320, AND 15378(b)(5).

Staff Report
Attachment 1 - Resolution
Attachment 2 - Shenkman & Hughes Letter
Attachment 3 - Transition Schedule

7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

The next regularly scheduled City Council meeting is April 5, 2023.

4 Certificate of Recognition

Presented to
Luis Alva Roman
2022 Youth of the Year
Boys & Girls Clubs of Capistrano Valley

In honor of your exemplary
commitment to leadership, service,
and academic excellence.

Presented this 15th day of March, 2023

Richard Hurt, Mayor
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Special Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
March 1, 2023, 6:00 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Hurt called the Special Meeting of the City Council of the City of Aliso Viejo to order at 6:06 p.m.

ROLL CALL:

PRESENT: MAYOR RICHARD W. HURT

MAYOR PRO TEM MIKE MUNZING

COUNCILMEMBER TIFFANY ACKLEY

COUNCILMEMBER ROSS CHUN

COUNCILMEMBER MAX DUNCAN
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY

ISABEL SAFIE, DEPUTY CITY ATTORNEY

MITZI ORTIZ, CITY CLERK
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

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager and City Attorney Unrepresented Employees: All Employees
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Special Meeting Minutes
REPORT FROM CLOSED SESSION:

City Attorney Scott Smith reported City Council direction to bring back for consideration a resolution of intention to convert the City’s election system from “at-large” to “by-district.” ADJOURNMENT: Mayor Hurt adjourned the meeting at 6:58 p.m. to the March 1, 2023 Regular Council Meeting.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC RICHARD HURT

CITY CLERK MAYOR
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Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
MARCH 1, 2023, 7:00 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Hurt called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:06 p.m.

ROLL CALL
PRESENT: MAYOR RICHARD W. HURT

MAYOR PRO TEM MIKE MUNZING

COUNCILMEMBER TIFFANY ACKLEY

COUNCILMEMBER ROSS CHUN

COUNCILMEMBER MAX DUNCAN
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

JOHN KANLUND, CONTRACT PLANNER

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. ALAN VILLANUEVA, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Councilmember Duncan led the pledge of allegiance.

REPORT FROM CLOSED SESSION:

City Attorney Scott Smith reported City Council direction to bring back for consideration a resolution of intention to convert the City’s election system from “at-large” to “by-district.”

1. SPECIAL PRESENTATIONS:
8

Regular Meeting Minutes

1.1. PROCLAMATION - RED CROSS MONTH
Mayor Hurt presented the proclamation to Executive Director Becky Firey, American Red Cross of Orange County. Ms. Firey expressed her appreciation and commented on the importance of the designation.

1.2. RECOGNITION OF CAPTAIN SCOTT MERRILL
Mayor Hurt presented the certificate of recognition to Captain Scott Merrill. Captain Merrill expressed his appreciation.

1.3. RECOGNITION OF ALISO VIEJO PTSA AND PTA PRESIDENTS Mayor Hurt presented the certificates of recognition to PTSA and PTA Presidents. They expressed their appreciation.

1.4. BUSINESS OF THE MONTH - GREATER PERCEPTION SERVICES, INC.

Mayor Hurt introduced the video and presented the certificate of recognition to Owner Judy Liang. Ms. Liang expressed her appreciation.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

None.

4. CONSENT CALENDAR:

Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Motion: Councilmember Chun 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 9

Regular Meeting Minutes
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. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the February 1, 2023 Regular Meeting.

4.3. SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND 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 Action: Conduct second reading and adopt Ordinance No. 2023-235 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.

4.4. ACCOUNTS PAYABLE
Recommended Action:

1. Ratify accounts payable checks and electronic funds transfers issued on February 2, 2023, in the amount of $398,677.02; and

2. Ratify accounts payable checks and electronic funds transfers issued on February 16, 2023, in the amount of $1,352,075.70.

4.5. TREASURER'S STATEMENT - JANUARY 2023
Recommended Action: Receive and file the January 2023 Treasurer’s Statement.

4.6. RESOLUTION ENDING THE PROCLAMATION OF LOCAL EMERGENCY FOR THE COVID-19 PANDEMIC
Councilmembers commented on the matter.

Recommended Action: Adopt Resolution No. 2023-05 to end the Proclamation of Local Emergency for the COVID-19 pandemic.

Motion: Councilmember Ackley moved and Mayor Pro Tem Munzing seconded to approve the recommended action. Motion carried 5-0.

4.7. PROFESSIONAL SERVICES AGREEMENT WITH ATLAS PLANNING SOLUTIONS

FOR LOCAL HAZARD MITIGATION PLAN DEVELOPMENT
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Regular Meeting Minutes
Recommended Action:

1. Approve an agreement with Atlas Planning Solutions to develop the City’s original Local Hazard Mitigation Plan;

2. Authorize the City Manager to execute a professional services agreement with Atlas Planning Solutions for $66,100; and

3. Authorize the appropriation of $93,750 in grant funding to the Fiscal Year 2022- 23 budget.

4.8. RELEASE OF BONDS FOR THE LANDSCAPING IMPROVEMENTS FOR THE 1- 5

POLARIS WAY LANDSCAPING CONSTRUCTION PROJECT
Recommended Action: Adopt Resolution No. 2023-06 exonerating Landscaping Surety Bond No. CAC720515 for the 1-5 Polaris Way Landscaping Construction Project.

5. PUBLIC HEARINGS:

5.1. CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT FOR A NEW

RESTAURANT WITH FULL ALCOHOL SERVICE (FENNEL MEDITERRANEAN KITCHEN AND BAR) AT 26611 ALISO CREEK ROAD, SUITE A
City Manager David Doyle introduced Contract Planner John Kanlund, who provided an overview. Staff responded to questions regarding Aliso Viejo Town Center revitalization, and project completion. Applicant representative Michael Cho provided additional information. Mayor Hurt opened the public hearing. There were no comments. Mayor Hurt closed the public hearing.

Recommended Action:

1. Open and conduct a public hearing;

2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and

3. Adopt Resolution No. 2023-07 approving a Conditional Use Permit and Site Development Permit to allow a 48-seat r estaurant with full alcohol service (Fennel Mediterranean Kitchen and Bar) and to enclose an outdoor patio area at 26611 Aliso Creek Road Suite A.

Motion: Councilmember Chun moved and Councilmember Duncan seconded to approve the recommended actions. Motion carried 5-0.

6. DISCUSSION:

6.1. RESOLUTION OF SUPPORT FOR THE IRANIAN AMERICAN COMMUNITY Mayor Hurt provided an overview. Mayor Hurt opened for public comment and the following persons provided comment:
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Regular Meeting Minutes

1. Mehika Bolomdri expressed support for the resolution.

2. Anna Askari expressed support for the resolution.

3. Tannaz Razzaghi expressed support for the resolution.

4. Kamier Nazem expressed support for the resolution.

5. Pezhmun Ghiassi expressed support for the resolution.

6. Viusha expressed support for the resolution.

7. Bayaneh expressed support for the resolution.

8. Farhad Mafie expressed support for the resolution.

9. Henny Abraham expressed support for the resolution.

10.Nilou expressed support for the resolution.

11.Sudi Farokhnia expressed support for the resolution.

12.Alex Mohajer expressed support for the resolution.

13.Arash Sayadi expressed support for the resolution.

14.Sedayhat expressed support for the resolution.

15.D. Ghashghai expressed support for the resolution.

There were no other comments. Councilmembers commented on the matter.

Recommended Action: Consider adoption of Resolution No. 2023-08 declaring support for the Iranian American community and supporting sanctions against Iranian individuals and entities responsible for human rights violations in Iran.

Motion: Mayor Pro Tem Munzing moved and Councilmember Duncan seconded to approve the recommended action. Motion carried 5-0.

7. CITY MANAGER' S REPORT:

None.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Chun:
 Announced Age Well Senior Services Meals on Wheels distribution program now has location in Aliso Viejo
 Expressed appreciation to Belmont Village and The Covington for event invitations  Expressed appreciation to Soka University for class invitation  Expressed appreciation to American Red Cross and partner agencies  Attended Aliso Viejo Girls Softball Opening Day
 Announced grant request from Don Juan Avila Elementary School to Moulton Niguel Water District for teaching garden
 Attended Aliso Viejo Chamber of Commerce Networking Breakfast  Attended OCFA Board Meeting
 Attended performances at Soka University Performing Arts Center 12

Regular Meeting Minutes
Councilmember Duncan:
 Encouraged residents to visit various new restaurants opening in the City  Attended Aliso Viejo Girls Softball Opening Day
 Announced Aliso Viejo Little League Opening Day
 Attended Black History Month event at Don Juan Avila Middle School Councilmember Ackley:
 Expressed appreciation for condolences on the passing of her mother Mayor Pro Tem Munzing:
 Attended Aliso Viejo Girls Softball Opening Day
 Announced Aliso Viejo Little League Opening Day
 Attended ACC-OC Mass Shooting Forum
 Attended Aliso Viejo Chamber of Commerce Networking Breakfast  Met with Assemblymember Davies and Assemblymember Dixon Mayor Hurt:
 Presented on Black History Month at St. Mary’s School and Don Juan Avila Middle School
 Presented during public policy course at Soka University  Attended Orange County Board of Supervisors meeting to receive Black History Month recognition

9. ADJOURNMENT: Mayor Hurt adjourned the meeting in memory of Ann Keith at 8:36 p.m. to the regularly scheduled meeting of March 15, 2023.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC RICHARD HURT

CITY CLERK MAYOR
13 City of Aliso Viejo

AGENDA ITEM
DATE: March 15, 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 on March 2, 2023, in the amount of $228,553.48.

Fiscal Impact:

Expenditures in the amount of $228,553.48.

Background:

The City issues accounts payable checks on a 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 March 2, 2023, for a total of $228,553.48, 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
14 Accounts Payable
03/02/2023
Description (Item)Vendor Name Amount
101 - GENERAL FUND
MAR'23 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,448.65 MAR'23 CALPERS HEALTH PREMIUMCALPERS HEALTH 27,937.41
MAR'23-COUNCIL-CALPERS HEALTH PREMIUMCALPERS HEALTH 3,478.57 REF0011579051-1/5 CITY LIGHTS PHNCALIFORNIA NEWSPAPERS PARTNERSHIP 520.80 REF0011579061-1/5 FENNEL PHNCALIFORNIA NEWSPAPERS PARTNERSHIP 551.80 JAN'23 ON-CALL TRAFFIC CONSULTANT SERVICESSTC TRAFFIC, INC 9,750.00 JAN'23 BBK-SDP2023-00001/KAISERBEST BEST & KRIEGER 270.00 JAN'23 BBK-PA-21-025/FENNELBEST BEST & KRIEGER 18.75
BLDR-22-00057_68 HUMMINGBIRD LN_SEA POINTE CONSTSEA POINTE CONSTRUCTION 500.00 MECR22-00101/27 VIA ABRUZZI PERMIT CANCELLEDIPERMIT 111.16 BLDR22-00384_2355 LOS ADORNOS_TOP ROOFING SERV.TOP ROOFING SERVICES 500.00 MECR-2022-00268/20 SPICEWOOD PERMIT CANCELLEDIPERMIT 95.28 BLDR-2022-00414_23601 LOS GRANDES ST_TOP ROOFINGTOP ROOFING SERVICES 750.00 BLDR-23-00004_32 SPICEWOOD_BARNETT ROOFINGBARNETT ROOFING 500.00 46,432.42

CITY MANAGER
MAR'23-PG-HEALTH PREMIUMCALPERS HEALTH 151.00
DD REIMBURS - 1.17.23 - 1.19.23 LOCC CONF - T&EDAVID DOYLE 62.95 DD REIMBUR - 1/17 LOCC CONF COUNCIL DINNER EXPENSEDAVID DOYLE 240.10 MO-ACC-OC FORUM ON MASS SHOOTING/CI PREPAREDNESSUS BANK PURCHASING CARD PROGRAM 65.00 CITY MANAGER TOTAL: 519.05

ECONOMIC DEVELOPMENT
JAN'23 BBK 89 PLAYA CIRCLEBEST BEST & KRIEGER 5,835.72
ECONOMIC DEVELOPMENT TOTAL: 5,835.72

HUMAN RESOURCES
PC - 1/12 - UBER - ACCIDENTAL CHARGEUS BANK PURCHASING CARD PROGRAM 23.97 PC - 12/30 - SHRM HR CLASSESUS BANK PURCHASING CARD PROGRAM 1,495.00 PC - 12/30 - SHRM PROFESSIONAL MEMBERSHIPUS BANK PURCHASING CARD PROGRAM 229.00 PC - 1/09 - CAL CHAMBER LABOR LAW POSTERSUS BANK PURCHASING CARD PROGRAM 158.30 JAN'23-TB TESTS & EMPLOYEE EXAMS & FLU SHOTSSOUTH COAST MEDICAL GROUP 115.00 HUMAN RESOURCES TOTAL: 2,021.27

CITY CLERK
JAN'23 LEGAL NOTICES - REF0011579493/REF0011581158CALIFORNIA NEWSPAPERS PARTNERSHIP 3,474.34 JAN'23 OFFICE SUPPLIES CCSTAPLES ADVANTAGE 120.65
MO-LCC 2023 CITY MANAGERS CONFERENCEUS BANK PURCHASING CARD PROGRAM 600.00 CITY CLERK TOTAL: 4,194.99

CITY ATTORNEY
JAN'23 BBK LEGAL SERVICES-CCBEST BEST & KRIEGER 4,905.70 JAN'23 BBK LEGAL SERVICESBEST BEST & KRIEGER 23,288.00
JAN'23 BBK LABOR & EMPLOYMENTBEST BEST & KRIEGER 1,095.50 JAN'23 BBK LABOR/BENEFITSBEST BEST & KRIEGER 1,627.60
JAN'23 MAJOR GENERAL PLAN UPDATE-SPECIAL PROJECTSBEST BEST & KRIEGER 195.30 JAN'23 BBK NPDESBEST BEST & KRIEGER 139.50
JAN'23 BBK GENERAL LITIGATIONBEST BEST & KRIEGER 12,225.96 JAN'23 BBK - #801 TOWN CTR SPECIFIC PLANBEST BEST & KRIEGER 5,049.90 CITY ATTORNEY TOTAL: 48,527.46

FINANCE
MAR'23 CALPERS ADMIN FEECALPERS HEALTH 98.15
MAR'23 CALPERS ADMIN FEECALPERS HEALTH 11.48
DEC'22 PARS REP FEESPARS 300.00
AE 1-30 CSMFO CONFERENCE - TAXIUS BANK PURCHASING CARD PROGRAM 45.00 AE 2-6 CSMFO CONFERENCE - PRE-CONFERENCE REGIST.US BANK PURCHASING CARD PROGRAM 100.00 AE 1-30 TO 2-2 CSMFO CONFERENCE - MEALSUS BANK PURCHASING CARD PROGRAM 76.06 15 Description (Item)Vendor Name Amount
AE 2-4 CSMFO CONFERENCE - HOTEL LODGINGUS BANK PURCHASING CARD PROGRAM 729.21 FINANCE TOTAL: 1,359.90

NON-DEPARTMENTAL
FEB'23 RICOH C5200S LEASERICOH USA 724.20
FEB'23 RICOH C5200S LEASERICOH USA 5.72
REVERSE PYMT CORRECTION 10/27-CH WTR SVC_5 CASESDS SERVICES OF AMERICA, INC 57.40 PLATES & BADGES-K HOLMES+M IM+A VILLANUEVA+R DIERCJ&M TROPHIES INC 141.69 PLATES & BADGES-R MCFARLAND & J LOPEZJ&M TROPHIES INC 80.92 JAN'23 AV RANCH NOISE ASSESSMENTURBAN CROSSROADS INC 4,555.95 EVNTS-11/5 H. FAIR_12/1 TREE LTG_12/16 SANTA BKFSTERIC WINTER 1,081.50 JAN'23 RICOH 2504EX (FRONT COUNTER)-COPIESRICOH USA 183.14 FEB'23 RICOH 2504EX SUITE 200-COPIESRICOH USA 22.05
FEB'23 RICOH 2504 (BACK OFFICE)-COPIESRICOH USA 62.22
FEB'23 CITY HALL MEDICAL SUPPLIESCINTAS CORPORATION NO. 2 219.37 JAN'23 COPY & BREAK ROOM SUPPLIES CENSTAPLES ADVANTAGE 515.06 QUADIENT POSTAGE THROUGH 1/31/23QUADIENT FINANCE USA, INC 500.00 EM 2/22 CPF NOMINATION FEEUS BANK PURCHASING CARD PROGRAM 250.00 JAN'23 MTR#2206 VISTAMOULTON NIGUEL WATER DIST 334.51
KB ALL HANDS CARWASH TRUCK OIL CHANGE FOR TRUCKUS BANK PURCHASING CARD PROGRAM 95.90 LL-COURIER REIMB 12/8-FROM CH TO AB GRAPHICSLEKKINA LONG 16.67 NON-DEPARTMENTAL TOTAL: 8,846.30
C. S. ADMINISTRATION
MAR'23-DP-HEALTH PREMIUMCALPERS HEALTH 151.00
MAR'23-HW-HEALTH PREMIUMCALPERS HEALTH 151.00
JUL'22-JAN'23 YMCA GRANT 1ST INSTALLMENTYMCA OF ORANGE COUNTY 3,632.25 JUL-DEC'22 COMMUNITY ASSIST. GRANT 1ST INSTALLMENTSOUTH COUNTY OUTREACH 2,500.00 MO-META ADS_REC CLASSES/HIRING FAIR/SUMMER CAMPUS BANK PURCHASING CARD PROGRAM 59.36 C. S. ADMINISTRATION TOTAL: 6,493.61

IGLESIA PARK
ANNUAL BACKFLOW TEST - IGLESIA PARKSIERRA ANALYTICAL LABS INC 110.00 JAN'23 ACCT#7997 IGLESIA PARKSO CAL EDISON 261.41
JAN'23 MTR#3499 IGLESIA PARKEL TORO WATER DISTRICT 482.19 JAN'23 MTR#4114 IGLESIA PARKEL TORO WATER DISTRICT 440.85 IGLESIA PARK TOTAL: 1,294.45

IGLESIA BUILDING
FEB'23 PEST CONTROL SERVICES IGLESIA PARKZAPP PEST MANAGEMENT 75.00 JAN'23 ACCT#7997 IGLESIA BLDGSO CAL EDISON 846.73
JAN'23 MTR#5016 IGLESIA BLDGEL TORO WATER DISTRICT 219.11 IGLESIA BUILDING TOTAL: 1,140.84

PLANNING
MAR'23-MF-HEALTH PREMIUMCALPERS HEALTH 151.00
JAN'23 HOUSING ELEMENT CONSULTANTAMBER GREGG NICHOLAS 7,820.00 PLANNING TOTAL: 7,971.00

ENGINEERING (GENERAL)
JUL-DEC'22 #105 J01P28 URBAN OUTFALL RUNOFFCOUNTY OF ORANGE 12,103.66 ENGINEERING (GENERAL) TOTAL: 12,103.66

LAW ENFORCEMENT-OTHER
JAN'23 SCHOOL CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 13,390.60 LAW ENFORCEMENT-OTHER TOTAL: 13,390.60
EOC
ANNUAL NIXLE ALERT AND WARNING SYSTEMEVERBRIDGE, INC 5,800.00 EOC TOTAL: 5,800.00
GENERAL FUND TOTAL: 165,931.27
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
FEB'23 PEST CONTROL SERVICES CITY HALLZAPP PEST MANAGEMENT 75.00 FEB'23 CITY HALL PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00 JAN'23 MTR#8510 CITY HALLMOULTON NIGUEL WATER DIST 169.86 16 Description (Item)Vendor Name Amount
MAR'23 38 COLONIAL WAY HOA FEESVANTIS MAINTENANCE CORPORATION 374.79 NON-DEPARTMENTAL TOTAL: 734.65
GEN. FD-CITY HALL TOTAL: 734.65
103 - GF-AV RECREATION SERVICES

RECREATION SERVICES
WINTER 2023-AWS108-7 PARTICIPANTSCLICKSTART DOG TRAINING ACADEMY, LLC 1,134.00 WINTER 2023-AWS200-AWS198-5 PARTICIPANTSRUIHONG LI 255.00 WINTER 2023-AWS075-7 PARTICIPANTSRONALD GORMAN 436.80
WINTER 2023-AWS024-AWS012-AWS076-AWS021-16 PARTEVER AFTER EVENT PRODUCTIONS LLC 566.40 WINTER 2023-AWS145-1 PARTICIPANTSARA GUTIERREZ 60.00
WINTER 2023-AWS112-AWS114-5 PARTICIPANTSTLP EDUCATION LLC 315.00 WINTER 2023-AWS125-AWS127-AWS081-15 PARTICIPANTSFITNESS WITH FLAVOR LLC 472.80 WINTER 2023-AWS079-AWS007-AWS027-16 PARTICIPANTSJENNIFER BALES 810.00 AWS190 - 7 PART. - HALF PAYMENTMUSIC MOVES ACADEMY INC 315.00 CREDIT FOR PRIOR PAYMENT ON 11/20JOHN DAVID ALLEN JR (29.40) WINTER 2023-AWS096-AWS093-AWS057-16 PART.JOHN DAVID ALLEN JR 458.40 WINTER 2023-AWS031-AWS035-8 PARTICIPANTSTUMBLE-N-KIDS, INC 384.00 WINTER 2023-AWS004-AWS001-13 PARTICIPANTSREADWRITE EDUCATIONAL SOLUTIONS INC 1,563.00 WINTER 2023-AWS155-AWS157-AWS159-AWS161-43 PART.CAROLYN WOJCIECHOWSKI 906.00 WINTER 2023-AWS210-AWS208-12 PARTICIPANTSERNA VAN DYK 792.00 FEB'23 PEST CONTROL SERVICES RANCHZAPP PEST MANAGEMENT 95.00 DEC'22 AV RANCH JANITORIAL SUPPLIESGORM, INC 589.77
FEB'23 RANCH PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 2/17 AV RANCH HVAC PREVENTIVE MAINT.HARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 2,938.09 FY22-23 RANCH PARTITION WALL MAINTENANCE SERVICESPSI3G, INC DBA PARTITION SPECIALTIES, INC 6,260.00 FEB'23 AVR FIRST AID SERVICESCINTAS CORPORATION NO. 2 116.35 EM 2/22 SOUND ABSORBING WALL PANEL FOR RENTALUS BANK PURCHASING CARD PROGRAM 200.84 FEB'23 MTR#0819 FARMMOULTON NIGUEL WATER DIST 98.29
JAN'23 MTR#7892/6534 RANCHMOULTON NIGUEL WATER DIST 582.95 KB HOME DEPOT SCREEN FOR BUNKHOUSE SCREEN DOORUS BANK PURCHASING CARD PROGRAM 28.62 KB DRINKING FOUNTAIN WATER FILTER REPLACEMENTUS BANK PURCHASING CARD PROGRAM 67.87 KB FLEXFIRE LED TRANSFRMR FOR FARM PATHWAY LIGHTSUS BANK PURCHASING CARD PROGRAM 258.60 RECREATION SERVICES TOTAL: 19,785.38
GF-AV RECREATION SERVICES TOTAL: 19,785.38
203 - GAS TAX

TRAFFIC ENGINEERING
JAN'23 HUMMINGBIRD LANE TRAFFIC CALMING REVIEWRK ENGINEERING GROUP INC 4,200.00 TRAFFIC ENGINEERING TOTAL: 4,200.00

STREET MAINTENANCE
JAN'23 ACCT#2125 GS1 MEDIANSSO CAL EDISON 66.95
JAN'23 MTR#5675 CALLE CORTEZEL TORO WATER DISTRICT 111.74 STREET MAINTENANCE TOTAL: 178.69
GAS TAX TOTAL: 4,378.69
241 - TECHNOLOGY FUND

GEN-TECHNOLOGY GRANTS
SEP-OCT'22 VIDEO ENGINEERING SERVICESTHOMAS E BYSTRY 1,400.00 DEC'22 VIDEO ENGINEERING SERVICESTHOMAS E BYSTRY 300.00 JAN'23 VIDEO ENGINEERING SERVICESTHOMAS E BYSTRY 210.00 GEN-TECHNOLOGY GRANTS TOTAL: 1,910.00
TECHNOLOGY FUND TOTAL: 1,910.00
245 - DEVELOPMENT IMPACT

GEN-DEVELOPMENT IMPACT
SM 1/31 NOV'22-JAN'23 38 COLONIAL WAY HOA+PRELIENUS BANK PURCHASING CARD PROGRAM 1,330.88 GEN-DEVELOPMENT IMPACT TOTAL: 1,330.88
DEVELOPMENT IMPACT TOTAL: 1,330.88
17 Description (Item)Vendor Name Amount
251 - FEDERAL GRANTS

GEN-FEDERAL GRANT
JUL-SEP'22 COVID RELIEF HUNGER & HOMELESS PREVENT.SOUTH COUNTY OUTREACH 15,934.56 JUL-DEC'22 CDBG-CV BUSINESS GRANTTHERESA DOBBS 1,125.00 GEN-FEDERAL GRANT TOTAL: 17,059.56
FEDERAL GRANTS TOTAL: 17,059.56
261 - CITY FAC.-AQUATIC CENTER

GEN-AQUATIC CENTER
JAN'23 AQC MAINTENANCE - SIDEWALK GRINDINGPV MAINTENANCE INC 2,059.70 FEB'23 PEST CONTROL SERVICES AQCZAPP PEST MANAGEMENT 75.00 JAN'23 AQC CASH COURIER SERV.-EXCESS PREMISE TIMEGARDAWORLD 13.98 NOV'22 AQC JANITORIAL SUPPLIESGORM, INC 548.32
FEB'23 AQC JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,100.00 FEB'23 AQC POOL CHEMICALS - MURIATIC ACID+CHLOR.HASA INC 849.99 KB HIRSCH PIPE SUPPLY VALVES FOR SINKSUS BANK PURCHASING CARD PROGRAM 260.70 KB THE HOMEDEPOT SINK VALVE REBUILDUS BANK PURCHASING CARD PROGRAM 22.97 KB HOME DEPOT SHOWER SLIDE BAR HARDWARE ANCHORSUS BANK PURCHASING CARD PROGRAM 42.18 KB AMAZON ADA COMPLIANT SLIDE BAR FOR SHOWERUS BANK PURCHASING CARD PROGRAM 272.94 1/2 HP BOOST PUMP FOR BACKWASH FILTER REC POOLKNORR SYSTEMS INC 823.07 INTELLIFLOXF VARIABLE SPEED ULTRA HP SPA PUMPKNORR SYSTEMS INC 2,253.70 FEB'23 AQC MONTHLY MAINTENANCE SERVICESKNORR SYSTEMS INC 1,792.64 GEN-AQUATIC CENTER TOTAL: 11,115.19
CITY FAC.-AQUATIC CENTER TOTAL: 11,115.19
311 - STREET IMPROVEMENTS

STREETS & HIGHWAYS
JAN'23 #134 ALISO CREEK ROAD DESIGN SERVICESENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 3,682.86 STREETS & HIGHWAYS TOTAL: 3,682.86
STREET IMPROVEMENTS TOTAL: 3,682.86
331 - CAPITAL IMPROVEMENTS

CAPITAL IMPROVEMENTS
NOV'22-JAN'23 #049 AV RANCH EXHIBITS AND AS BUILTSTHIRTIETH STREET ARCHITECTS INC 2,625.00 CAPITAL IMPROVEMENTS TOTAL: 2,625.00
CAPITAL IMPROVEMENTS TOTAL: 2,625.00
GRAND TOTAL: 228,553.48
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 165,931.27165,931.27
102 - GEN. FD-CITY HALL 734.65734.65
103 - GF-AV RECREATION SERVICES 19,785.3819,785.38
203 - GAS TAX 4,378.694,378.69
241 - TECHNOLOGY FUND 1,910.001,910.00
245 - DEVELOPMENT IMPACT 1,330.881,330.88
251 - FEDERAL GRANTS 17,059.5617,059.56
261 - CITY FAC.-AQUATIC CENTER 11,115.1911,115.19
311 - STREET IMPROVEMENTS 3,682.863,682.86
331 - CAPITAL IMPROVEMENTS 2,625.002,625.00
228,553.48Grand Total: 228,553.48
18 Accounts Payable Post Dates: 02/17/2023 - 03/02/2023 3/1/2023 11:02:56 AM Page 5 of 6
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 165,931.27
102 - GEN. FD-CITY HALL 734.65
103 - GF-AV RECREATION SERVICES 19,785.38
203 - GAS TAX 4,378.69
241 - TECHNOLOGY FUND 1,910.00
245 - DEVELOPMENT IMPACT 1,330.88
251 - FEDERAL GRANTS 17,059.56
261 - CITY FAC.-AQUATIC CENTER 11,115.19
311 - STREET IMPROVEMENTS 3,682.86
331 - CAPITAL IMPROVEMENTS 2,625.00
228,553.48Grand Total:

Account Summary
Payment AmountAccount Number Account Name
101-2506-000 MEDICAL INSURANCE PA… 31,415.98
101-2507-000 LIFE INSURANCE PAYABLE 1,448.65
101-2602-000 PLANNING DEPOSIT 11,111.35
101-2606-000 C & D DEPOSIT 2,250.00
101-32040 MECHANICAL PERMITS 206.44
101-4-1501-4206-000 MEDICAL INSURANCE 151.00
101-4-1501-4520-000 MTGS/CONF./TRNG & DE… 368.05
101-4-1502-4302-000 ECONOMIC DEVELOPME… 5,835.72
101-4-1503-4309-000 OTHER CONTRACTUAL SE… 115.00
101-4-1503-4520-000 MTGS/CONF./TRNG & DE… 1,518.97
101-4-1503-4521-000 MEMBERSHIP & DUES 229.00
101-4-1503-4601-000 SUPPLIES 158.30
101-4-1601-4303-000 LEGAL NOTICES 3,474.34
101-4-1601-4520-000 MTGS/CONF./TRNG & DE… 600.00
101-4-1601-4601-000 SUPPLIES 120.65
101-4-2101-4304-000 LEGAL SERVICES 30,916.80
101-4-2101-4532-000 SPECIAL PROJECTS 5,245.20
101-4-2101-4701-000 NPDES 139.50
101-4-2101-4735-000 LITIGATION 12,225.96
101-4-2501-4309-000 OTHER CONTRACTUAL SE… 409.63
101-4-2501-4520-000 MTGS/CONF./TRNG & DE… 950.27
101-4-3501-4301-000 PROFESSIONAL SERVICES 5,887.45
101-4-3501-4421-000 EQUIPMENT RENTAL 724.20
101-4-3501-4431-000 BUILDING & GROUND MA… 334.51
101-4-3501-4512-000 POSTAGE 516.67
101-4-3501-4513-000 PRINTING 267.41
101-4-3501-4517-000 VEHICLE MAINTENANCE 95.90
101-4-3501-4542-000 INTEREST EXPENSE - LEASE 5.72
101-4-3501-4601-000 SUPPLIES 1,014.44
101-4-4101-4206-000 MEDICAL INSURANCE 302.00
101-4-4101-4501-000 ADVERTISING & PROMOT… 59.36
101-4-4101-4529-000 REC-YOUTH PROGRAMS 3,632.25
101-4-4101-4533-000 COMMUNITY ASSISTANCE… 2,500.00
101-4-4102-4411-000 UTILITIES 1,184.45
101-4-4102-4461-000 OTHER EQUIPMENT MAI… 110.00
101-4-4103-4411-000 UTILITIES 1,065.84
101-4-4103-4431-000 BUILDING & GROUND MA… 75.00
101-4-4401-4206-000 MEDICAL INSURANCE 151.00
101-4-4401-4732-000 C.S-PLANNING 7,820.00
101-4-4501-4701-000 NPDES 12,103.66
101-4-5102-4721-000 C.S-CROSSING GUARDS 13,390.60
101-4-5401-4612-000 OPERATING SUPPLIES 5,800.00
102-4-3501-4411-000 UTILITIES 169.86
19 Accounts Payable Post Dates: 02/17/2023 - 03/02/2023 3/1/2023 11:02:56 AM Page 6 of 6
Account Summary
Payment AmountAccount Number Account Name
102-4-3501-4431-000 BUILDING & GROUND MA… 564.79
103-4-4105-4309-000 OTHER CONTRACTUAL SE… 8,439.00
103-4-4105-4411-000 UTILITIES 582.95
103-4-4105-4431-000 BUILDING & GROUND MA… 10,089.35
103-4-4105-4451-000 FARM OPERATING EXPEN… 356.89
103-4-4105-4601-000 SUPPLIES 116.35
103-4-4105-4620-000 MINOR EQUIPMENT 200.84
203-4-4502-4301-000 PROFESSIONAL SERVICES 4,200.00
203-4-4503-4411-000 UTILITIES 178.69
241-4-6141-4309-000 OTHER CONTRACTUAL SE… 1,910.00
245-4-6145-5920-750 ACQUISITION 1,330.88
251-4-6151-4309-000 OTHER CONTRACTUAL SE… 17,059.56
261-4-6161-7401-000 EQUIPMENT MAINTENAN… 4,869.41
261-4-6161-7421-000 BUILDING & GROUND MA… 5,381.81
261-4-6161-7425-000 POOL MAINTENANCE 849.99
261-4-6161-7445-000 FEES & PERMITS 13.98
311-4-8301-5501-000 DESIGN 3,682.86
331-4-8701-5910-000 IMPROVEMENTS 2,625.00
Grand Total: 228,553.48
Project Account Summary
Payment AmountProject Account Key
**None** 176,586.35
0014701 139.50
0495910 2,625.00
1054701 12,103.66
1345501 3,682.86
8012101 5,245.20
CDBGCV4309 17,059.56
PA 21-025 570.55
PA 22-006 520.80
SDP-2022-0004 9,750.00
SDP-2023-00001 270.00
Grand Total: 228,553.48
20 City of Aliso Viejo

AGENDA ITEM
DATE: March 15, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: FISCAL YEAR 2022-23 FINANCIAL UPDATE
_____________________________________________________________________ Recommended Actions:

1. Receive and file the fiscal year (FY) 2022-23 financial update; and

2. Appropriate an additional $ 61,500 and $16,000 for the Aquatic Center and the AV Center, respectively, for the FY 2022-23 budget.

3. Appropriate an additional $100,000 to the General Fund for the implementation of district elections.

Fiscal Impact:

Staff projects total General Fund revenue to exceed budget estimates by approximately $0.9 million for FY 2022-23. Beginning fund balance has been adjusted to $30.6 million to reflect the audited year-end FY 2021 -22 balance. Current fiscal year a ppropriations increased by $1 23,000 from budget carryovers previously approved by City Counci l to $23.9 million. An additional $100,000 needs to be added to fund the cost to implement district elections , resulting in an amended budget of $24.0 million. With debt service payments in the amount of $0.6 million, staff estimates ending fund balance to be $30 .6 million, which represents 124% of the total budget appropriations.

Table 1 summarizes the changes from the FY 2022-23 adopted budget.

Table 1: General Fund
FY 2022-23
Adopted
Budget
FY 2022-23
Estimated
Year-End Budget
Beginning Fund Balance 27,245,156 30,580,168
Resources 23,838,978 24,719,328
Appropriations (23,778,140) (24,001,140)
Estimated Operating Surplus 60,838 718,188
Debt Payment (COP) (657,050) (657,050)
Estimated Ending Fund Balance 26,648,944 30,641,306 21 Background:

On June 1, 2022, the City Council reviewed and approved the FY 2022-23 budget which detailed the City’s government-wide resources and appropriations for both the General Fund and other special revenue funds. The budget estimated a total of $23 .8 million in resources, including funds provided through the American Rescue Plan Act (ARPA) in the amount of $2.8 million. Total appropriations, including capital improvement projects, totaled $23.8 million, providing an operating surplus of $60,838. General Fund reserves in the amount of $0.6 million would be utilized for debt service payment on the Certificates of Participation (COP). At the time of adoption, it was estimated the ending General Fund balance would be $26.6 million, which represents 112% of the operating budget.

Discussion:

General Fund Revenues
General Fund revenues are projected to be higher than budget estimates by approximately $0.9 million. The current fiscal year revenues show better than expected sales tax revenue by $0.5 million and is attributed to higher gas prices , inflation, and strong retail sales within the County. T ransient occupancy taxes are estima ted to be higher than budget by $60,000 and reflects strong hotel occupancy rates as tourism recovers from stay-at-home orders . Recreation is esti mated to be $ 0.3 million above budget estimates from continued demand in facility rentals at the AV Ranch . Other revenue sources, such as building permits and charges for service s are also above estimates due to one -time revenue received from developers a nd the City’s franchise waste hauler.

Revenues from property tax , traffic violations, and parking fines are below estimates.

Rising interest rates have stalled home sales resulting in lower transfer property tax by an estimated $0.2 million. Traffic and parking fines are also lower than budget by $0.1 million due to various vacant positions through the Orange County Sheriff’s Department contract. Table 2 provides details regarding the revised revenue estimates for FY 2022- 23, as well as comparisons to FY 2021-22 actuals.
22 General Fund Appropriations
Budget appropriations for the adopted budget totals $24.4 million, which includes $0.6 million for debt service payments. The City Council approved budget carryovers in the amount of $123,000 of unspent FY 2021-22 funds, bringing a revised budget of approximately $24.6 million. With the recent requirement to implement district elections, it is necessary to appropriate an additional $100,000 to fund the project. Total General Fund appropriations will be adjusted to $24.7 million.

With the additional revenue forecasts, the City will not need to use reserves to fund debt service payments which was originally anticipated during budget adoption. Staff projects ending FY 2022-23 General Fund balance to be $30.6 million.

TABLE 1: RESOURCES
FY 2021-22
Actuals
FY 2022-23
Adopted
Budget
FY 2022-23
Estimated
Year-End
Change from
Adopted
Budget
Property Tax 9,211,738 9,490,000 9,302,000 (188,000) Sales Tax 6,117,932 5,580,000 6,102,950 522,950 Transient Occupancy Tax 1,413,074 1,440,000 1,500,000 60,000 Franchise Fees 1,636,741 1,505,000 1,505,000 - Other Taxes 41,215 40,175 40,175 - Licenses & Permits 714,168 619,600 700,000 80,400 Fines & Forfeitures 173,133 220,000 100,000 (120,000) Rev-Use of Money & Property (318,666) 300,000 300,000 - Intergovernmental Revenue 64,675 47,500 47,500 - Current Service Charges 380,965 295,600 400,000 104,400 Rental Income 199,917 212,316 212,316 - Recreation Services 1,268,756 813,200 1,100,000 286,800 Other Revenue 20,730 66,200 200,000 133,800 Transfers 3,348,755 3,209,387 3,209,387 - Total Estimated Resources 24,273,133 23,838,978 24,719,328 880,350 Estimated Beginning Fund Balance 30,580,168$
Resources 24,719,328
Appropriations (24,658,190)
Estimated Year-End Surplus 61,138
Estimated Ending Fund Balance 30,641,306$
FY 2022-23 Revised General Fund Balance
23 Special Revenue Funds
Other necessary budget adjustments for FY 2022-23 are as follows:
 AV Aquatic Center – Additional budget appropriation in the amount of $61,500 is requested due to higher costs in salaries to operate the aquatic center. The appropriation will be offset by the increase in revenue from aquatic classes in the amount of $50,000. As a result, an additional $11,500 in transfers from the General Fund to the Aquatic Center Fund is also necessary.
 AV Center – Additional budget appropriation in the amount of $16,000 is also required due to increase in salaries for the operation of the AV Center.

No other changes to any other special revenue fund is required at this time.

Capital Improvement Plan
The FY 2022-23 CIP budget totaled $3,965,000, which includes funding from gas taxes, Measure M, and the General Fund. Street rehabilitation and traffic management projects have been completed or are near completion. Facility improvements at City Hall and AV Ranch are in progress and will be completed by year-end. Turf projects at the AV Ranch and AV Center will be delayed due to supply issues.

Summary
General Fund revenues for FY 2022-23 are projected to exceed budget estimates by approximately $0.9 million to $24.7 million, which includes $2.8 million received in ARPA funding. Expenditures have been adjusted to $24.7 million and provides sufficient funding to complete current projects and priorities as designated by Council. As a result of increased revenue forecasts, the City will not need to use reserves to fund debt service payments on the COP and a budget surplus of $61,000 for fiscal year-end is anticipated.

The estimated ending fund balance for the General Fund is $30.6 million.

Staff will continue to analyze revenue and expenditure trends and provide updates to Council as necessary.
24 City of Aliso Viejo

AGENDA ITEM
DATE: March 15, 2023
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. TO PROVIDE PLANNING CONSULTING

SERVICES
Recommended Action:

Approve and authorize the City Manager to execute a Fourth Amendment to the Professional Services Agreement with Civic Solutions, Inc. for planning consulting services to increase the total compensation by an amount not to exceed $40,000.

Fiscal Impact:

The cost for the services provided under the fourth amendment is not to exceed $40,000.

Funds for this project are available in the adopted FY 2022-23 budget.

Background:

In April 2022, the City entered into a professional services agreement with Civic Solutions, Inc. to temporarily fill vacancies in the Community Development Department. This agreement was amended three times for additional funding and to extend the term to the end of the fiscal year (June 30, 2023).

Discussion:

In 2022, the Community Development Department (“CDD”) had a few vacancies, all of which were filled by the end of the year. Civic Solutions continued to provide staff during new staff’s onboarding process to ensure uninterrupted planning services. Based on the current workload, CDD needs Civic Solutions to continue providing staff on an as-needed, part-time basis. As such, Staff is recommending that the compensation amount for Civic Solutions be increased by $40,000 to continue providing planning services through the end of the fiscal year.

Attachments:

1. Original Agreement with Civic Solutions, Inc.

2. Fourth Amendment with Civic Solutions, Inc.
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 CITY OF ALISO VIEJO

THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

FOR PLANNING CONSULTANT SERVICES

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement for Planning Consultant Services (" First Amendment") is entered into on the 16th day of November, 2022, by and between the City of Aliso Viejo ( hereinafter referred to as the " City") and Civic Solutions, Inc., a corporation ( 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 Planning Consultant Services dated April 21, 2022 (" Agreement").

2.2 First Amendment. The Parties amended the Agreement in order to supplement the scope of services to be provided by Consultant.

2.3 Second Amendment. The Parties amended the Agreement to increase the total compensation under the Agreement by seventy - thousand dollars ($ 70,000).

2.4 Third Amendment. The Parties now desire to amend the Agreement to increase the total compensation under the Agreement by Fifty Thousand Dollars ($ 50,000).

3. TERMS.

3.1 Term.

The term of this Agreement shall be from April 22, 2022 to June 30, 2023, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one additional one-year term.

3.2 Compensation.

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Seventy Thousand Dollars ($ 170,000) (" 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." 1 60367.01100\33489405.1
58 3.3 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 Third Amendment.

3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

From and after the date of this Third Amendment, whenever the term " Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Third Amendment.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the perfonnance of the obligations they have undertaken pursuant to this Third Amendment.

3.6 Counterparts. This Third 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.
2 60367.01100\33489405.1
59 SIGNATURE PAGE FOR THIRD AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR PLANNING CONSULTANT SERVICES BETWEEN THE
CITY OF ALISO VIEJO AND CIVIC SOLUTIONS, INC.

IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement on this 22nd day of November , 2022.

CITY OF ALISO VIEJO
Approved:

By: ,
DavI Doyle
City Manager
ATTEST:

By:

Mitzi Orti. , M
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
60367.01100\33489405.1
0/4 -
Civic Solutions, Inc., a corporation
TWO SIGNATURES, President OR Vice
President AND Secretary OR Treasurer
REQUIRED]
By: L4 mud!
Its: President
Printed Name: Thomas G. Merrell
By: e1tr.04.1,JV70,74.4.44.4t,
Its: Secretary
Printed Name:

Thomas G. Merrell
60 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:

None
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

San Juan Capistrano/Orange/CA
City/County/State
Civic Solutions, Inc.

November 22, 2022
Date
Thomas G. Merrell
Name of Business Print Name
Signature
NOTE: THIS DECLARATION TS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
4 60367.01100\33489405.1
61 CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that 1 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.

Civic Solutions, Inc. Thomas G. Merrell
Name of Business Print Name
Signature
November 22, 2022
44`1.4
Date
5 60367.01100\33489405.1
62 EXHIBIT " A"

COMPENSATION
Fee Schedule
Position
Principal Management Consultant
Hourly Rate
160
Principal Planner 145
Senior Planner 135
Associate Planner 120
Assistant Planner 110
The above hourly rates apply only to authorized services provided under the scope and contract, and do not apply to contract administration activities such as invoicing, contract performance discussions, etc. Work performed on a time and material basis will be billed monthly and will be due in accordance with the terms of the contract.

Reimbursable Expenses
Reproductionof Plans
Large duplication or document publishing projects
Specializedgraphic projects
Messenger and overnight deliveries
When the above fee schedule is made part of an on - call contract, fees are subject to annual review and adjustments, unless otherwise specified in the consulting services agreement.
63 60367.01100\33489405.1
- 1 -

CITY OF ALISO VIEJO

FOURTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

FOR PLANNING CONSULTANT SERVICES

1. PARTIES AND DATE.

This Fourth Amendment to the Professional Services Agreement for Planning Consultant Services (“First Amendment”) is entered into on the ____ day of ________, 2023, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Civic Solutions, Inc. , a corporation (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 Planning Consultant Services dated April 21, 2022 (“Agreement”).

2.2 First Amendment. The Parties amended the Agreement on July 5, 2022, in order to supplement the scope of services to be provided by Consultant.

2.3 Second Amendment. The Parties amended the Agreement on July 20, 2022, to increase the total compensation under the Agreement by seventy-thousand dollars ($70,000).

2.4 Third Amendment. The Parties amended the Agreement on November 16, 2022, to increase the total compensation under the Agreement by fifty-thousand dollars ($50,000).

2.5 Fourth Amendment. The Parties now desire to amend the Agreement to increase the total compensation under the Agreement by Forty Thousand Dollars ($40,000).

3. TERMS.

3.1 Term.

The term of this Agreement shall be from April 22, 2022 to June 30, 2023, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one additional one-year term.

3.2 Compensation.

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceedTwo Hundred and Ten Thousand Dollars ($210,000) ("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.” 64 60367.01100\33489405.1
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3.3 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 Fourth Amendment.

3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fourth Amendment.

3.5 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 Fourth Amendment.

3.6 Counterparts. This Fourth 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.
65 60367.01100\33489405.1
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SIGNATURE PAGE FOR FOURTH AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR PLANNING CONSULTANT SERVICES BETWEEN THE
CITY OF ALISO VIEJO AND CIVIC SOLUTIONS, INC.

IN WITNESS WHEREOF, the parties have executed this Fourth 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
Civic Solutions, Inc., a corporation
[TWO SIGNATURES, President OR Vice
President AND Secretary OR Treasurer
REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
66 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.
67 60367.01100\33489405.1
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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
68 EXHIBIT “A”

COMPENSATION
Fee Schedule
Position Hourly Rate
Principal Management Consultant $160
Principal Planner $145
Senior Planner $135
Associate Planner $120
Assistant Planner $110
The above hourly rates apply only to authorized services provided under the scope and contract, and do not apply to contract administration activities such as invoicing, contract performance discussions, etc. Work performed on a time and material basis will be billed monthly and will be due in accordance with the terms of the contract.

Reimbursable Expenses
 Reproduction of Plans
 Large duplication or document publishing projects
 Specialized graphic projects
 Messenger and overnight deliveries
When the above fee schedule is made part of an on-call contract, fees are subject to annual review and adjustments, unless otherwise specified in the consulting services agreement.
69 City of Aliso Viejo

AGENDA ITEM
DATE: March 15, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
Rose Rivera, Senior Planner
SUBJECT: GENERAL PLAN ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2022
Recommended Actions:

1. Find that the action is not a project as defined by the California Environmental Quality Act pursuant to State CEQA Guidelines section 15378(b)(5);

2. Receive and file the 2022 General Plan Annual Progress Report (APR); and

3. Direct staff to submit the APR to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

Fiscal Impact:

No fiscal impact will result from this report.

Background:

Government Code Section 65400(a)(2) requires that all cities and counties submit to their legislative bodies an annual report on the status of the General Plan and progress with implementation. Specifically, the annual report must include the following: (1) the status of the plan and progress in its implementation; (2) the progress in meeting regional housing needs and removing governmental constraints to housing for all income levels; and (3) the degree to which the General Plan complies with State Office of Planning and Research guidelines.

As part of the annual report, every jurisdiction must include information on the status of the housing element with detailed information about the prior year’s housing progress, as well as updates on program implementation. The information provided in this report is for Calendar Year 2022 and is based on the 2021-2029 Housing Element. On August 18, 2021, the City Council held a public meeting to review the draft Housing Element update and directed staff to submit the document to the California Department of Housing and 70

Community Development (HCD) for review. On October 18, 2021, the City received a written letter from HCD outlining necessary revisions to the draft document in order to bring it into compliance with State law. City staff revised the Housing Element to comply with HCD’s comments and on January 19, 2022, the City Council adopted the 2021-2029 Housing Element and submitted the document to HCD for review. On April 1, 2022, HCD notified City staff that the adopted Housing Element requires revisions in order to comply with State Housing Element Law. Staff is currently revising the Housing Element to address HCD’s findings.

Discussion:

The General Plan Annual Progress Report has been prepared pursuant to the requirements of Government Code Section 65400. Guidance for preparation of the report is provided by the OPR. In compliance with California Government Code section 65400(a)(2), this Council item is provided as a status report of the General Plan and progress in its implementation and compliance for 2022. The report will be submitted to OPR and HCD prior to the April 1 st deadline. The complete report is included as Attachment 1; however, a portion of the report, a discussion of amendments to the General Plan and Zoning Code, and significant development projects in calendar year 2022 is as follows:

General Plan
There were no amendments to the General Plan in 2022, however, City and consultant staff processed revisions to the Housing Element for the 2021-2029 (Cycle 6) planning period.

Zoning Code Updates
There were two amendments to the Zoning Code and one amendment to a Specific Plan.

1. Urban Lot Split: In 2021, Senate Bill 9 (SB 9) was signed into law. SB 9 required cities to allow any single-family zoned lot to be split into two lots and allow up to two single- family dwellings on each newly created lot without any discretionary review. The SB 9 provisions went into effect on January 1, 2022. On May 4, 2022, the City Council adopt Ordinance 2022-225, which amended the City’s zoning code to address development under SB 9. The ordinance imposed appropriate restrictions that are allowed by SB 9 to ensure that SB 9 lot splits and two-unit projects are as compatible as possible with existing residential neighborhoods.

2. Outdoor Dining: Assembly Bill 61 was passed by the State of California in 2021 and added regulatory flexibility to restaurants to expand outdoor dining in response to the COVID-19 pandemic. Ordinance 2022-225 also included changes to the City’s regulations relating to outdoor dining. The ordinance allows any legally established restaurant to use up to 10 percent of its parking spaces for outdoor dining with the approval of a temporary use permit until January 1, 2024. 71

3. Specific Plan Amendment: In 2022, City Council approved an amendment to Specific Plan No. 2 for the Commons at Aliso Viejo Town Center to allow for the sales and service of non-internal combustion engine vehicles.

Annual Planning Report
As indicated in the General Plan Annual Planning Report, Appendix A, HCD forms, there were no building permits issued for the construction of new residential units in 2022. The following is a summary of the major items identified in Appendix A:
 Table A.2: Housing development data is provided, concluding that there was no construction of residential units in 2022.
 Table B: Progress towards meeting the City’s Regional Housing Needs Assessment (RHNA) is provided, concluding that there was no construction of affordable units in 2022.
 Table D: Progress towards implementing the 13 Housing Element Programs is provided.

Environmental:

Staff recommends the City Council find the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15378(b)(5). The action is an administrative activity of the City that involves a report only to a State agency on the General Plan implementation progress. The report does not authorize any development or changes to land use. Thus, the proposed action would not result in any direct or indirect changes to the environment, and consequently, this action is not a project within the meaning of CEQA.

Public Notice:

Government Code Section 65400 requires the annual report to be considered at an annual public meeting (as opposed to public hearing) before the legislative body, and members of the public must be allowed to provide oral testimony and written comments.

The meeting is public, and the item can be pulled from the consent calendar, if the Council or members of the public would like to address it.

City Attorney:

The City Attorney’s office reviewed and provided comments for this report. 72

Attachment:

1. General Plan Annual Progress Report – 2022

2. Appendix A to 2022 Annual Progress Report
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/
2022

THE CITY OF ALISO VIEJO

PLANGENERAL

ANNUAL PROGRESS REPORT
March 15, 2023
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Table of Contents
Introduction ...…………………………………………………………………………………2
Background ..………………………………………….………………………………………2
Informational Document ...………………………....………………………………………..2 Status of Measures Associated with the Implementation of the General Plan………...2 General Plan and Zoning Code Amendments and Major Developments.....………….33 General Plan Statement of Compliance …….........………………………………………34 Housing Element Annual Planning Report ….……………………………………………34 Appendix A ...………………………………….………………………………….………….35
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Introduction
This report has been prepared pursuant to the requirements of Government Code Section 65400.

Guidance for preparation of the report is provided by the Governor’s Office of Planning and Research (OPR) 1. In compliance with California Government Code section 65400(a)(2), this Council item is provided as a status report of the General Plan and progress in its implementation and compliance for 2022 and is being presented to the City Council on March 15, 2023 during a public hearing for their review. The report will be submitted to OPR and the Department of Housing and Community Development (HCD) prior to April 1, 2023.

Background
California Government Code section 65400(a)(2) requires the City’s Planning Services Department, by April 1 of each year, to prepare a General Plan Annual Progress Report (GP APR) for the previous calendar year and to present the report to the City Council, OPR, and HCD. The GP APR includes three components discussed below:

1. The status of the General Plan’s implementation and progress;

2. The degree to which the General Plan complies with state law and guidelines; and

3. The Housing Element Annual Progress Report on forms prescribed by HCD.

Informational Document
This document is a reporting document and does not create or alter policy. The content is provided for informational purposes only and is not considered a project as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5).

Status of Measures Associated with the Implementation of the General Plan On April 21, 2004, the City Council adopted the City’s first General Plan, a General Plan Implementation Program and a Final Environmental Impact Report, and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program in connection with the General Plan. Government Code Section 65400(a)(2) requires that all cities and counties submit to their legislative bodies an annual report on the status of the General Plan and progress with implementation. Aliso Viejo’s General Plan is comprised of the following elements: Land Use, Circulation, Housing, Conservation/Open Space, Safety, and Noise. Included in Appendix A of the General Plan is an Implementation Program (“Program”). The Program provides a guide to put into practice the adopted General Plan policies and plans for the City. Below is a list of each of these implementation measures with a status update for 2022.

I-1: Zoning Ordinances, Specific Plans and Maps. “Prepare, adopt, and implement a Zoning Ordinance consistent with State law to establish permitted densities, intensities, and uses within

1 General Plan Annual Progress Report Guidance. State of California, Governor’s Office of Planning and Research, State Clearinghouse and Planning Unit. Revised July 11, 2007. Refer to http://opr.ca.gov/docs/GP_APR_Guidance_2007.pdf
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Aliso Viejo. Adopt Specific Plans and Maps for areas which may develop prior to completion of the Zoning Ordinance. Where appropriate, the Zoning Ordinance or Specific Plan will incorporate and replace current development requirements within the Rossmoor and Aliso Viejo Planned Community development plans, and will specifically address the following:
 Identify specifically permitted and conditionally permitted land uses, intensity of use, and development and performance standards applicable to specific areas and parcels within the City.
2022 Status of Implementation: To date, the City has approved four (4) Specific Plans:

Glenwood (11.3.04), Vantis (2.2.05), Ventana Ridge (7.20.05), and Commons (11.16.05).

An amendment to the Vantis Specific Plan was approved by City Council on December 18, 2013. It became effective on April 24, 2014 with the execution of an amendment to the Vantis Development Agreement. The City adopted a new Zoning Code and Map in January 2010 and adopted amendments to refine and augment the regulations each year.

In 2020, the Zoning Code was amended to address accessory dwelling units and discretionary permit time extensions. In 2022, staff continued the process of drafting amendments to various sections of the Zoning Code, including wireless communication facilities, temporary use permits, special event permits and parking requirements.  Require provision of landscaped greenways and buffers to improve compatibility in areas where residential and business park or office uses about each other. 2022 Status of Implementation: Pursuant to Zoning Code section 15.18.030 a minimum average depth for a landscaping buffer is ten (10) feet between commercial and residential districts.
 Contain provisions for residential care facilities, emergency shelters, transitional housing, second dwelling units, reasonable accommodation of structural improvements for the disabled and density bonuses pursuant to State law.
2022 Status of Implementation: Zoning Code chapters 15.10 and 15.18 contain provisions for residential care facilities, emergency shelters, transitional housing, and accessory dwelling units. Ordinance No. 2013-150 pertaining to reasonable accommodation of structural improvements for the disabled was adopted on March 20, 2013. Provisions for density bonuses pursuant to State law are included in chapter 15.58. Ordinance 2016-192 pertaining to the development standards for second dwelling units was adopted on December 6, 2017. Ordinance 2020-215 pertaining to development standards for accessory dwelling units was adopted on June 17, 2020, which was subsequently amended on March 1, 2023.
 Include specific criteria for granting flexibility from development standards for projects that provide housing for very low and low-income households. 2022 Status of Implementation: Zoning Code chapter 15.58 includes specific criteria for granting flexibility from development standards for projects that provide housing for very low and low-income households. Both affordable developments at 2C Liberty and 100 Freedom Lane (formerly 4 Liberty) received flexibility from development standards for providing very low and low-income units. In 2017 and 2019, the construction of 2C Liberty and 100 Freedom Lane were completed, respectively.
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 Include design standards for development on hillsides or visible from major thoroughfares and identified view corridors.
2022 Status of Implementation: Zoning Code chapter 15.62 includes design standards for development on hillsides or visible from major thoroughfares and identified view corridors.  Set forth green building design standards and review/evaluation procedures consistent with Leadership in Energy and Environmental Design (LEED) standards developed by the US Green Building Council.
2022 Status of Implementation: 2016 California Green Building Code went into effect on January 1, 2017, establishing new “green” building codes based on LEED standards for all new construction. In November 2022, the City adopted the 2022 Building Codes which took effect on January 1, 2023 and further “green” building standards.  Establish residential density bonuses for compliance with LEED standards. 2022 Status of Implementation: To date, the City has not established residential density bonuses for compliance with LEED standards.
 Require compliance with Title 24 building construction standards, Energy Star conservation standards, and consider appropriate building orientation and landscaping for energy conservation purposes.
2022 Status of Implementation: 2016 California Green Building Code went into effect on January 1, 2017, establishing new “green” building codes based on LEED standards for all new construction. In November 2022, the City adopted the 2022 Building Codes which took effect on January 1, 2023 and further “green” building standards.  Codify and expand development restrictions and landscape maintenance requirements in areas within and near Very High Fire Hazard Severity Zones. 2022 Status of Implementation: Zoning Code chapter 15.50 codifies and expands development restrictions and landscape maintenance requirements in areas within and near Very High Fire Hazard Severity Zones. In November of 2022, the City adopted the 2022 Building Codes which took effect on January 1, 2023 which expanded requirements in Very High Fire Hazard Severity Zones in conjunction with the Orange County Fire Authority.
 Contain on-site stormwater retention requirements for all new development to offset or significantly reduce the amount of stormwater created as the area of impermeable surfaces increases.
2022 Status of Implementation: The NPDES – MS4, Order No. R9-2013-0001 as amended by Order No. R9-2015-0001 permit section “Development Planning” effective April 1, 2015, contains requirements for Low Impact Development (LID) BMPs and Hydromodification to regulate the quality and quantity of storm water leaving the development site.
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 Incorporate FEMA development requirements through establishment of a flood hazard overlay zone corresponding to the location of Special Flood Hazard Areas. 2022 Status of Implementation: The City participates in the National Flood Insurance Program and did not establish a flood hazard overlay zone.  Include standards identifying the maximum noise levels allowed within mixed-use residential and commercial structures.
2022 Status of Implementation: Standards identifying the maximum noise levels allowed in the exterior of mixed-use residential and commercial structures are codified in Title 8 of the Municipal Code and referenced in the Zoning Code.
 Contain lighting standards and require use of low-reflective building materials to minimize the impacts of light and glare on surrounding uses.
2022 Status of Implementation: Zoning Code chapter 15.62 contains lighting standards and requires use of low-reflective building materials to minimize impacts of light and glare on surrounding uses.
 Include specific standards or procedures for determining parking requirements of proposed development in order to maintain or enhance parking capacity within the City. 2022 Status of Implementation: Zoning Code chapter 15.38 includes specific standards or procedures for determining parking requirements of proposed development to maintain or enhance parking capacity within the City.
 Include provisions requiring a Conditional Use Permit or similar approval for applicants seeking to construct or operate a heliport or helistop. 2022 Status of Implementation: Pursuant to Zoning Code sections 15.18.020 and

15.26.020, a conditional use permit is required to construct a helicopter pad in the PO, BP-1, BP-2, and CF zoning districts.
 Contain procedural requirements for projects proposing a structure more than 200’ AGL (Above Grade Level) in accordance with applicable federal and State laws and regulations.” 2022 Status of Implementation: Pursuant to AVMC 15.10.030 and 15.18.030, a maximum building height limit for the most intensive districts in the City (RVH and PO) was established at sixty-five (65) feet. In all other districts, structures above fifty (50) feet may be approved in conjunction with approval of a specific plan or conditional use permit.

I-2: Community Benefit Overlay (CBO) Areas:“Execute new development agreements, or amend or otherwise alter existing agreements with property owners as a means of approving development proposals that vary from the terms of the Aliso Viejo Master Development Agreement within identified Community Benefit Overlay (CBO) areas. In addition to standard development and infrastructure requirements, the City shall seek to ensure that the following community benefits or requirements are achieved, to the extent permitted by law:
 Proposed projects incorporate natural grades.
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 Projected fiscal benefits of proposed projects are realized.  Roadway improvements needed to support the project are identified, funded, and completed. (Including funding for intersection improvements at seven intersections identified in Program 11-6.)
 A portion of future residential development is affordable to very low and low income households.
 Projects are consistent with the City’s parkland and/or parkland improvement ratio of 5 acres per 1,000 population.
 Adequate public school facilities to accommodate the project can be provided by the applicable school district.
 Noise levels within the non-residential components of mixed-use projects do not adversely affect the residential or community facility components of such projects.

Proposals to change entitled land uses within CBO areas that lie within the planning area for the former MCAS EL Toro shall be referred to the Airport Land Use Commission for Orange County (ALUC) for a Determination of Consistency if the Airport Environs Land Use Plan for the former MCAS El Toro is in effect at the time of development application.” 2022 Status of Implementation: Since adoption of the General Plan, the City has entered into four development agreements with property owners for sites within Community Benefit Overlay (CBO) areas. Each of the four projects is also governed by a Specific Plan adopted by the City. The four CBO development agreements were adopted on the following dates:
 Glenwood Ordinance 2004-066 November 3, 2004
 Vantis Ordinance 2005-070 February 2, 2005
o Vantis First Amendment Ordinance 2014-158 January 8, 2014  Ventana Ridge Ordinance 2005-075 July 20, 2005
 The Commons Ordinance 2005-081 November 16, 2005
 The Commons Ordinances 2022-233 and 2022-234 December 21, 2022 The Glenwood Development Agreement expired on November 15, 2014 and the Ventana Ridge Development Agreement expired on December 23, 2010 after fulfilling the requirements in each DA. On December 21, 2022, the City of Aliso Viejo entered into a Development Agreement with the property owners of the Commons. Construction is now underway at the Commons, which includes a new automotive dealership for the lease, sales and service of electric or non-internal combustion engine vehicles and the installation of publicly accessible chargers per the requirements of the Development Agreement. On August 16, 2017, it was determined that the developer had fulfilled all of the Vantis requirement prior to the expiration date of April 8, 2025.

Issues outlined by this implementation measure, including issues of grading, fiscal impact, roadway improvements, affordability, parkland ratios, school capacity, and noise, were considered during creation of the development agreements.

Since the Airport Environs Land Use Plan for the former MC El Toro is no longer in effect, City staff is no longer sending proposals to change entitled land uses within CBO areas to the ALUC.

I-3: Code Enforcement: “Continue to enforce property maintenance standards, adopted City building and zoning codes, and noise regulations.”
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2022 Status of Implementation: The Code Enforcement Division, under the umbrella of the Community Development Department, continues to enforce property maintenance standards, adopted City building and zoning codes, and noise regulations. A total of twenty (20)-hours a week is allocated to code enforcement activities in the City.

I-4: Multi-use Trails and Greenways Master Plan: “Prepare, adopt and implement a Multi-Use Trails and Greenways Master Plan to identify gaps in the recreational trail and greenway system, establish design and construction standards for new trails and greenways, and prioritize and fund needed improvements. The Master Plan will be consistent with the trail plans of adjacent jurisdictions and the County, and will promote a future trail connecting Aliso Viejo to the beach through Aliso and Wood Canyons Regional Park.”
2022 Status of Implementation: The City adopted a Streets and Trails Amenities Master Plan that includes the trails and greenway system in 2006. The Plan identifies existing trails and greenways, along with proposed trails and links to existing systems, including Aliso and Wood Canyons Regional Park. Amenities and design standards are discussed and potential projects are prioritized within the Plan. Phases 1 and 2 of the Town Center Loop Trail project have been completed and include trail markers, maps, and enhanced paving at pedestrian crossings.

I-5: Streamlined Development Review: “Develop and implement procedures for priority processing of development projects that a) contribute significantly to the City’s fiscal stability and/or b) include housing for very low-income households.” 2022 Status of Implementation: Via the Housing Element, the City Council has directed staff to expedite processing of proposals that include affordable housing opportunities as part of the CBO projects as well as affordable housing projects. The Glenwood and Vantis developments include housing for low-income households with an additional in-lieu fee to offset units required for the very-low income households. Additionally, Vintage Aliso, located at 2C Liberty was completed in 2017 and included a total of 167 low-income units and 33 very- low income units. Liberty at Aliso, located at 100 Freedom Lane was completed in 2019 and included 148 low-income units and 50 very low-income units.

Affordable housing incentives are also outlined in Chapter 15.58 of the City’s Zoning Code.

These primarily involve density bonuses, but also include incentives related to relief from development standards and approval of mixed-uses development where it otherwise is not expressly permitted. Incentives are awarded to projects that provide specified ratios of units reserved for moderate, low, or very-low-income households. The Zoning Code states incentives are designed to make affordable housing projects more financially viable.

In 2019, the City also applied for and received first year SB 2 grant funds to secure an Enterprise Land Management software system which will assist in significant reduction in application processing times. In 2022, the land management software system was fully implemented.

I-6: Home Based Business Ordinance:“Adopt and implement a home-based business ordinance that provides opportunities for legal and conforming home-based businesses within the community, while protecting neighbors from potential parking and noise impacts.” 81 8
2022 Status of Implementation: Section 15.14.150 of the City Municipal Code contains regulations pertaining to home-based businesses, otherwise known as “home occupations.” These regulations and standards have been designed to reconcile the goal of creating new opportunities for home-based businesses with the City’s desire to protect neighbors from nuisances and negative impacts.

I-7: Baseline Environmental Standards: “Establish baseline standards reflecting environmental conditions in the community (such as air quality, noise, and traffic/circulation) that may be impacted by proposals for future development. Use the standards as the basis for assessing the environmental impacts of such proposals.”
2022 Status of Implementation: The environmental baseline for each project in the City is set at the time that either the environmental review commences or a notice of preparation of an environmental impact report is released. Given that environmental conditions constantly change, this analysis is handled consistently on a project-by-project basis. Moreover, an ongoing program is the regular update and adoption of “Local CEQA Guidelines” to ensure that City environmental review and analysis protocol is in compliance with State requirements.

The City Council adopted Resolution 2020-24 to adopt the Vehicle Miles Traveled (VMT) thresholds of significance for California Environmental Quality Act (CEQA) compliance related to transportation impact analysis. The adopted method of analysis is consistent with Senate Bill 743 which changed the method of analyzing transportation impacts from development projects and identify mitigation measures to reduce those impacts. Resolution 2020-24 was adopted on June 17, 2020 prior to SB 743 effective date of July 1, 2020.

I-8: Jurisdictional Urban Runoff Management Program (JURMP): “Meet the requirements of the San Diego Regional Water Quality Control Board (SDRWQCB) Order R9-2002-0001, pursuant to the National Pollutant Discharge and Elimination System (NPDES) Permit. Requirements of this Order include implementation of a Jurisdictional Urban Runoff Management Plan (JURMP), addressing a variety of topics related to urban runoff, including Best Management Practices in the planning and construction of new and existing development, education of City staff and the community as a whole regarding polluted urban runoff, and revising the environmental review process to analyze water quality impacts from development.” 2022 Status of Implementation: As required by the Fifth Term NPDES Permit (SDRWQCB Order No. 2013-0001 as amended by R9-2015-0001), the City utilizes a City-specific Jurisdictional Urban Runoff Management Program as its Local Implementation Plan (LIP) which was developed in 2003 and updated in 2019. The LIP includes procedures and public outreach programs for implementation of best management practices for pollution prevention in both existing development and new development projects.

I-9: Local Coastal Program (LCP):“Implement the County Local Coastal Program (LCP) approved for the Aliso Viejo Planned Community, pursuant to California Coastal Commission Requirements. Advise project applicants that a coastal development permit must be obtained from the California Coastal Commission prior to City approval of any development project located within the coastal zone. Continue to evaluate the consistency of the General Plan with the Orange County Local Coastal Plan as needed to maintain consistency.” 2022 Status of Implementation: According to the Coastal Commission, the County LCP became invalid after the City's incorporation in 2001. It did not carry forward to the new City 82 9
jurisdiction. Although the City does not have a LCP, the City has a Coastal Zone overlay district which purpose is to protect and preserve valuable coastal resources within Aliso Viejo.

Approval of a coastal development permit is required within the coastal zone overlay district.

I-10: Capital Improvement Program (CIP): “Establish a Capital Improvement Program (CIP) to address phasing and construction of traffic, infrastructure and City-owned park improvements throughout the City. Use the CIP process to prioritize, finance, and complete roadway and bikeway improvements identified in the Circulation Element and other City plans. Update the CIP annually to respond to changes in local priorities and available funding sources.” 2022 Status of Implementation: The City Capital Improvement plan is updated with every annual and mid-year budget. During the last annual cycle, the City Council, City Engineer, and City Manager set priorities for projects based on strategic initiatives, need, and available funds. For the mid-year budget, the City reevaluates the CIP based on needs and funds and will adjust accordingly.

I-11: Provide Solid Waste Services: “Continue to contract for solid waste services from a private sector provider. Ensure that community needs for solid waste disposal are being met.” 2022 Status of Implementation: To meet State requirements for solid waste diversion and disposal, including AB 939, AB 1826, and AB 1594 the City has entered into a franchise agreement with a waste hauler company (CR&R Waste and Recycling Services), which provides recycling and proper disposal of solid waste throughout the City.

I-12: Fire, Police and Emergency Medical Service Contracts: “When the City renews service contracts with the Orange County Fire Authority (OCFA) and Orange County Sheriff’s Department (OCSD), consider the following issues:
 Staffing levels identified in service contracts should reflect the established service standards, community population, crime conditions, increased emergency activity, geography of service area, and funds availability.
 Contracts should include service to new development that will be constructed during terms of the contract.
 Size of physical facilities and types of resources within the City should accommodate sufficient staff and equipment, and distribution of the facilities should minimize emergency response.”
2022 Status of Implementation: The City annually renews its contract with OCSD. The City’s contract with OCFA establishes a term of 20 years, from July 1, 2010 through June 30, 2030.

The contract renewal process includes an assessment of safety data, existing and planned development and identified and negotiated needs. Service provision to the City continues to be adequate.

I-13: Fair Housing Service Contract: “Continue to contract with the Fair Housing Council of Orange County (FHCOC) to support fair housing services for City residents. Advertise fair housing services on the City website and at the public counter, library, post office, Family Resource Center, and other community locations.”
2022 Status of Implementation: Effective July 1, 2018, after issuing an RFP, the Fair Housing Foundation became the fair housing provider for the City. Fair housing services are advertised 83 10
on the City website and at the City Hall public counter, City branch of the Orange County Library, and Family Resource Center.

I-14: Parkland Ordinance: “Prepare, adopt and implement a parkland ordinance establishing a citywide standard of 5 acres of park land and/or parkland improvements per 1,000 population.

Consistent with Quimby Act regulations, in lieu fees may be collected to satisfy park provision requirements.”
2022 Status of Implementation: The park fee ordinance inherited from the County with a ratio of standard of 5 acres of park land and/or parkland improvements per 1,000 population is included as Section 14.16.050 of the Subdivision Code.

I-15: Grading Ordinance: “Prepare, adopt and implement a grading ordinance or Specific Plan to ensure all grading associated with new development projects are conducted in accordance with appropriate geotechnical engineering.”
2022 Status of Implementation: On February 15, 2003, in accordance with San Diego Regional Water Quality Control Board adopted waste discharge requirements (NPDES Permit), City Council adopted Ordinance 2003-044 and amended by Ordinance 2010-128.

This ordinance, updated the City Municipal Code Chapter 13.08, in regards to storm water management, urban runoff, grading, and excavation. The City continues to assess grading impacts of new developments based on those provisions.

I-16: Building Codes: “Continually update development standards and adopt the latest building construction codes to guide future development in areas with known geologic and seismic-related hazards.”
2022 Status of Implementation: On November 16, 2022, the City adopted the 2022 California Building Standards Code which became effective on January 1, 2023.

I-17: National Flood Insurance Program (NFIP):“Enroll in the National Flood Insurance Program (NFIP) which provides federally-backed flood insurance to community residents.” 2022 Status of Implementation: After adoption of the 2004 General Plan, the City enrolled in the NFIP. This was made possible by actions taken by the City Council on April 5, 2006 including passing of Ordinance 2006-082 establishing a Floodplain Management Overlay District, under the Municipal Code Chapter 7.50, adoption of Resolution 2006-011 expressing a commitment to adopt and maintain regulatory measures for flood hazard areas, and directing Staff to file an application to join the NFIP. Adoption and enforcement of a floodplain management ordinance is a requirement of enrollment in the program.

I-18: Emergency Operations Plan (EOP): “ Implement the City’s Emergency Operations Plan (EOP) according to requirements and provisions of the State Emergency Management System.

Ensure that the EOP establishes community evacuation routes and emergency shelter facilities and is easily available to the public.”
2022 Status of Implementation: The City has in place its original EOP. However, a thorough revision of the Plan was completed in 2016 to update it with newer terminology and current inter-agency communications and planning procedures. The Mass Care and Shelter Annex and the Evacuation Annex of the EOP predetermine potential evacuation routes and emergency shelters, but do not pre-designate those evacuation routes or emergency shelter 84 11
facilities to the public. Those decisions are made based on the circumstances of the event and by referencing data outside of the EOP. Disasters most likely to impact the City (earthquake and wildfire as two examples) do not allow us to know ahead of time what roads and overpasses will be open and passable, or what areas of the community will be safe to occupancy. Therefore, the City will not preannounce evacuation routes or shelter facilities. However, arterial roadways specified in the Circulation Element can be considered the most likely evacuation routes. The City works with the American Red Cross to maintain a current database and inventory of all shelter facilities and supplies available within or near the City. In a disaster, the evacuation information, shelter locations, and all other pertinent emergency information will be relayed to the public according to the City’s Public Alert and Warning Annex. The Public Alert and Warning Annex outlines the various systems the City will utilize in a disaster to ensure the public is notified in a timely manner including AlertOC, Nixle alerts, Wireless Emergency Alert (WEA) System, and Emergency Alert System (EAS).

The City’s Public Information Office will also share emergency information via the City’s social media outlets and City website. The City's Emergency Manager is tasked with preparing the City for disasters through the writing and maintaining of emergency plans in coordination with the city’s response partners like the Orange County Sheriff’s Department and Orange County Fire Authority; educating the public on disaster preparedness; conducting training and exercises for response staff; and maintaining the City's Emergency Operations Center (EOC).

The City's primary EOC is located at City Hall and serves as the central coordination point during a disaster.

I-19: Noise Regulations: “Continue to enforce City noise regulations to protect residents from excessive noise levels associated with nuisance and stationary noise sources. Periodically evaluate regulations for adequacy and revise, as needed, to address community needs and changes in legislation and technology.”
2022 Status of Implementation: Title 8.12 of the City Municipal Code includes noise control provisions. They include exterior and interior noise standards as well as exemptions from standards.

I-20: Transportation Financing/Measure M Requirements: “In addition to establishing a Capital Improvement Program, establish a Development Mitigation Program, Comprehensive Phasing Program, and Performance Monitoring Program to guide construction and funding of circulation improvements, pursuant to Measure M requirements. In addition, collect fees for traffic impacts of new development, and require project proponents to construct and/or fund circulation improvements resulting from new development projects.”
2022 Status of Implementation: Renewed Measure M eligibility packages are submitted to OCTA annually. Development projects are reviewed for impacts and approvals are conditioned to either fund or construct appropriate components to mitigate any impacts.

II-1: Street Median and Sidewalk Improvement Plan: “Establish a program to identify street medians and sidewalks throughout the City that are in need of enhanced landscaping, maintenance or repair and to identify roadways without current medians or sidewalks required by roadway design standards. This program will be used to prioritize median and sidewalk improvements and incorporate them within the City’s annual CIP process. Both the City and AVCA should have roles in the planning and implementation of the program.

The median program will emphasize the role of medians as both landscape and safety improvements, and new landscaping completed pursuant to the program must be drawn from the 85 12
City Plant Palette and comply with low water landscaping requirements set forth in the Conservation/Open Space Element.

The sidewalk program will include provisions for tree planting, adequate shade, enhanced crosswalks (using lights, signs, and pavement markings), and place special emphasis on sidewalks, crosswalks and signs near schools, parks, churches, community facilities and within Aliso Viejo Town Center.”
2022 Status of Implementation: A street median master plan has been developed to prioritize projects and establish design guidelines. The master plan identified fifteen (15) miles of median to be constructed. Projects have already been completed on Pacific Park Drive and Aliso Creek Road. Other projects on Aliso Viejo Parkway and Aliso Creek Road have been designed and require construction funding. Pacific Park Town Center Association has completed a project on Enterprise utilizing similar design standards. Sidewalk enhancements have been completed as part of the Town Center Loop project, including crosswalk enhancements.

II-2: Low Water Palette and Landscaping Requirements: “Develop a diverse plant palette consisting of native and xeriscape plants to be used citywide. Require that 50 percent of all public and private landscaping within the City consist of low water, native/xeriscape plants drawn from the palette. Periodically evaluate this objective and increase the required percentage over time.” 2022 Status of Implementation: The City Council adopted Ordinance 2009-119 and amended by Ordinance 2015-171, established water efficient landscape regulations. The regulations, in Section 7.30 of the Aliso Viejo Municipal Code, are consistent with California Assembly Bill 1881 provisions regarding water conservation and require new landscaping projects in the City consist of at least 50% low water or xeriscape plants and the use of efficient irrigation system to keep water consumption within the allocated amount set by the local water agencies.

II-3: City Gateway and Wayfinding Signs: “Establish new wayfinding signs throughout the City, leading residents and visitors to key community locations. Construct new entry gateway monuments at key entrances to Aliso Viejo, including those beyond the limits of the Aliso Viejo Planned Community.”
2022 Status of Implementation: Gateway signage and monumentation were addressed in the City SR 73 Corridor Enhancement Master Plan and Streets and Trails Amenities Master Plan.

Wayfinding signs were redesigned to guide residents and visitors to public facilities and were installed in 2018. Examples of these facilities include the Aliso Viejo Center located at 31 Santa Barbara Drive and Aquatic Center at 29 Santa Barbara Drive.

II-4: Greenway and Riparian Corridor Restoration:“Identify portions of greenways, the power line easement within the City, and the riparian corridor surrounding Aliso Creek where natural landscaping has been degraded. Work with property owners, the County, and AVCA to revegetate the areas in a manner consistent with the City plant palette and native landscaping requirements.” 2022 Status of Implementation: In 2005, with support of grant funding from the Habitat Conservation and United States Fish and Wildlife Service Programs, the City constructed a wetland at the detention basin located at the headwater of the Wood Canyon Creek within Aliso and Wood Canyon Regional Park. The purpose of this project was to create a wetland habitat using native riparian/wetland plant species within the detention basin to enhance water 86 13
quality, flood control and channel protection at the beginning of the Creek. Since this project is situated at the headwaters of Wood Canyon Creek and will affect the whole of the Creek, it will also increase and enhance the overall Wood Canyon Creek riparian corridor and its associated wildlife habitat.

As part of the project mitigation monitoring plan, site inspections were conducted on a monthly basis and water quality samples were collected from the inlet and outlet of the wetland site during dry weather seasons from 2006 to 2010. Water samples were analyzed for nutrients and indicator bacteria. Natural and planted native vegetation were determined to be growing at a normal rate in regard to reproduction and density compared to other natural habitats.

Additionally, bacteria data collected indicates microbial quality of runoff improved as it passed through the wetland and no significant changes in level of nutrients were observed as water passes through the wetland.

In 2016, grants from OCTA and State Department of Water Resources were obtained for the construction of a wetland and habitat restoration project within the Dairy Fork sub-watershed, a tributary of Aliso Creek. The purpose of this project was to enhance the water quality of dry weather urban runoff by creating a wetland and restoring natural habitat by removing non- native invasive plants and planning native and California friendly plant species.

A five-year mitigation monitoring plan and a twenty-year maintenance plan were developed and are being implemented to assure the restoration of the natural habitat and that the wetland operates as designed to remove pollutants and improve the quality of urban run runoff prior to being discharged into the creek.

In December 2018, OCFA was awarded a $5.4 million grant for countywide aerial surveying to identify and then remove trees infested with the shothole borer beetle. The goals of the program are to 1) stop the spread of invasive tree pests, 2) reduce the existing fuel loads caused by the tree pests and limit the potential for future fuel loading from them, 3) reduce the related wildfire and life safety risks for the invasive tree pests, and 4) improve the environment by limiting GHG emissions linked to tree loss, and the increased frequency and intensity of the associated wildfires.

II-5: Roadway Re-Striping: “Wood Canyon Road is currently constructed as a two-lane undivided highway between Oak View and Aliso Creek Road, inconsistent with Orange County Master Plan of Arterial Highways (MPAH) standards. This roadway segment will be re-striped to the County classification standard as a four-lane secondary arterial when necessary. Future restriping may also be considered on portions of Aliso Viejo Parkway and Glenwood Avenue to reduce potential for automobile/bicycle conflicts.”
2022 Status of Implementation: Due to concerns over automobile accidents and overall safety on Wood Canyon Road, the City has reevaluated this plan for the roadway. A more restricted striping design, designed to aid safer movement of vehicles, has been successful in reducing collisions on the segment.

The City Council has directed staff to revise the classification of this street in the overall County Plan to collector status. This will be accomplished as part of the Circulation Element of the General Plan.
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II-6: Intersection Improvements: “Periodically monitor conditions at intersections throughout the City and evaluate and implement options for improving the following intersections to ensure operation at LOS C or better:
 Aliso Creek Road and Aliso Viejo Parkway
 Wood Canyon Road and Pacific Park Drive
 La Paz Road and Pacific Park Drive
 La Paz Road and SR-73 Eastbound Ramp
 Moulton Parkway and Aliso Viejo Parkway
 Pacific Park Drive and Peppertree
 Aliso Creek road and Pacific Park Drive
The City may seek funding for such improvements through the development agreement process associated with the Community Benefit Overlay areas.”
2022 Status of Implementation: All intersections in the City are maintained at Level of Service (LOS) “C” or better. Projects have been completed to improve traffic flow at three of the six intersections identified on the list, including Wood Canyon at Pacific Park, Pacific Park at Peppertree, and Aliso Creek at Pacific Park. The other intersections will be improved as traffic congestion increases and additional grant money is obtained.

II-7: Neighborhood Circulation Improvements: “Ensure that sufficient improvements are in place within neighborhoods to protect pedestrians and bicyclists from hazards associated with excessive auto traffic volumes and speeds. Where appropriate, consider traffic calming devices including median landscaping and provision of bike or transit lanes to mitigate the problems posed by schools and other land uses that generate extraordinarily high traffic volumes at specific times.

Provide solutions to mitigate these problems as warranted by local studies.” 2022 Status of Implementation: Several projects have been executed as part of efforts to achieve this objective. Projects have included street re-striping and the construction of raised pavement markers at Westridge, Briarglen, and Canyon Vista. Enhanced pavement has been installed on Golf Drive to visually identify pedestrian walkways. Crosswalks at the intersection of Aliso Creek Road and Pacific Park Drive have been updated and back plates of traffic signals have been painted for safety. Additionally, there have been circulation and striping projects constructed around all schools in the City.

II-8: Bicycle and Pedestrian Amenities: “Provide appropriate bicycle and pedestrian amenities along City bikeways, trails, and sidewalks. Specific amenities include bicycle racks, water fountains, benches, trash cans, and call boxes. Encourage private development projects to provide these amenities as well, especially within Aliso Viejo Town Center.” 2022 Status of Implementation: Phases 1 and 2 of the Town Center Loop Trail project have been completed and include trail markers, maps, and enhanced paving at pedestrian crossings.

II-9: Iglesia Park and Family Resource Center:“Operate and improve as needed Iglesia Park and the Family Resource Center as resources to the community. Include physical improvements to these facilities within the City’s CIP process.”
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2022 Status of Implementation: The City contracts with the Boys & Girls Club to operate the Family Resource Center and in 2022 continued to make improvements to the facility included minor repairs.

II-10: Emergency Operations Center: “In the event of an emergency, activate an Emergency Operations Center (EOC) at City Hall. Continue to evaluate need and sites for an alternative EOC elsewhere within the City.”
2022 Status of Implementation: The City Conference Center has been identified to serve as an alternate EOC in the event City Hall cannot serve as the primary EOC. Staff continues to evaluate communications, information technologies, and situation assessment capabilities at both sites, to identify desired improvements to these capabilities and to gradually accumulate these improvements as resources allow. City Hall installed a backup generator in 2017 that will provide power to the City’s EOC during a power outage.

III-1: CEQA Compliance and Site Development Review: “Utilize a site development permit process and the California Environmental Quality Act (CEQA) in the review of proposed development projects. Review proposed projects to avoid where permitted by law unacceptable impacts to the fiscal stability of the City, public facilities and services supporting development, surrounding development designs, landscaping, cultural and historical resources, and natural characteristics of the project site.”
2022 Status of Implementation: Pursuant to Aliso Viejo Municipal Code Section 15.74.020 a permit approving site, architectural, landscape, and related development plans is included within the term “site development permit.” The City Council is the decision-making authority for site development permits, and the City conducts and completes a CEQA analysis during the review of proposed development projects. As CEQA is amended by the California State Legislature, the City adopts the amended local guidelines for implementing the CEQA, with the last adoption occurring on April 16, 2014.

III-2: Fiscal Impact Evaluations: “Fiscal evaluations of any future development or redevelopment projects outside established Community Benefit Overlay (CBO) areas that vary from development permitted by established development agreements are required, to the extent permitted by law.

Such evaluations will determine the net fiscal balance of the project to the City, and provide appropriate mitigation strategies for projects with a negative fiscal balance. Such strategies may become conditions of development approval, at the discretion of the City Council.” 2022 Status of Implementation: Fiscal evaluations occur as new projects are proposed. In general, the City evaluates the fiscal impact of any new development proposal as it relates to the City’s ability to continue providing services for the long term. The City updates its Five- Year Strategic Plan on a regular basis to determine its financial outlook under changing economic conditions and impacts arising from the dynamic State budget.

III-3: National Pollutant Discharge and Elimination System (NPDES) Compliance: “Prior to making land use decisions, the City will utilize available methods to estimate increases in pollutant loads and flows resulting from projected future development. In addition, applicants for new development and redevelopment projects shall demonstrate accomplishment of NPDES objectives:
 Use of structural and non-structural Best Management Practices (BMPs) to mitigate projected increases in pollutant loads and flows.
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 Minimized pollutant loading flow velocity during and after construction.  Minimized amounts of impervious surfaces and directly connected impervious surfaces.  Maximized on-site infiltration and runoff and temporary on-site retention areas.  Limited disturbance of natural water bodies, natural drainage systems, and natural habitats.
 Pollution prevention methods, source controls and treatment using small collection strategies located at, or as close as possible to, the source.” 2022 Status of Implementation: In compliance with requirements of the NPDES Permit, the City has adopted the following water quality ordinances, under Title 7 Health and Safety of the Aliso Viejo Municipal Code:
 Grease Interceptor/Trap Connections to Sewer System and Maintenance (Ordinance No. 2002-036).
 Ordinance 2011-133, as an amendment to Ordinance 2002-036, which requires a semi-annual cleaning and maintenance of grease interceptor/trap connection to sewer system.
 Stormwater Management, Urban Runoff, Grading and Excavation (No. 2003-044).  Amendment to Stormwater Management including Stormwater Permits (No. 2003- 051)
 Amendment to Stormwater Management including BMPs for Monitoring and Inspection (No. 2003-054)
 Ordinance No. 2010-128 as an amendment to Stormwater Management Ordinance No. 2003-044.

Additionally, on October 20, 2010, the City Council passed Resolution 2010-40, amending the General Plan to include storm water management goals and principles. These goals and principles include encouragement of:
 Interagency cooperation in regard to storm water management,  Reduce discharge of pollutants to the maximum extent practicable through the use of low-impact growth and development concept in the design and selection of best management practices,
 Use of native, low-water plants,
 Reduced water use for landscaping, and
 Cooperation with the Aliso Viejo Community Association (AVCA) to prevent groundwater pollution.

III-4: Water Services and Supplies: “Require engineering studies to determine water infrastructure requirements for future development projects. Require that study recommendations be incorporated into the design of projects. Require the dedication of necessary right-of-way and construction of water infrastructure improvements for all development projects.

Review all development projects in consultation with the applicable water district to ensure adequate water supplies, treatment, and distribution capacity for projects without negative impact to the community. For projects that satisfy the criteria set forth in Sections 10910-10915 of the California Water Code and Section 66473.7 of the Government Code, a Water Supply Assessment or water supply verification demonstrating available water supplies exist to support development shall also be prepared.”
2022 Status of Implementation: Review procedures outlined in this implementation measure are the responsibility of the El Toro (ETWD) and Moulton Niguel (MNWD) Water Districts. 90 17
Each Water District is required (by Water Code Sections 10610 through 10656 of Urban Water Management Planning Act) to prepare, adopt, and file an Urban Watershed Management Plan (UWMP) every five years. The UWMP includes information on present and future water supply and demands and assessment of an area water resource needs. As a stakeholder, City staff will review and comment on the draft UWMP during public input period. The City requires a letter from the water districts confirming availability of water supply for all new and redevelopment projects prior to permit issuance.

III-5: Sewer and Wastewater Treatment Services: “Require engineering studies to determine sewer infrastructure requirements for future development projects. Require that study recommendations be incorporated into the design of projects. Require the dedication of necessary right-of-way and construction of sewer infrastructure improvements for all development projects.” 2022 Status of Implementation: Similar to evaluation of water feasibility, analysis of sewer infrastructure needs created by future development projects is performed by the two water districts operating in the City. The City requires a letter from the water districts confirming projects are consistent with district requirements for sewer connections and services.

III-6: Recycling Requirement : “Require use of recycling as a condition of approval for all new development projects. Work with the private sector contractor providing solid waste services within the City to ensure that appropriate recycling containers, procedures, and education are readily available.”
2022 Status of Implementation: The City Solid Waste Management Program requirements are designed to be compliant with AB 939, AB 1826, and AB 1594. These stipulate waste separation and recycling for multi-family units and commercial units is performed at the Material Recovery Facility (MRF) in San Juan Capistrano. For single-family communities, a system of three containers is used for residents to sort their recycling.

III-7: Adequate Flood Control: “Require engineering studies to determine required flood control facilities for future development projects. Require that study recommendations be incorporated in the design of projects. Require the construction of appropriate flood control for all development projects. Where appropriate, also require that engineering studies include analyses on stream instability for natural watercourses that include stream degradation, head cutting, bank erosion, and related factors. Recommendations from these studies will be implemented as mitigation for identified impacts.”
2022 Status of Implementation: Flooding remains a non-issue for most properties in Aliso Viejo. However, the City continues to evaluate proposed new developments in regard to flood control through engineering studies and plan review. The City also participates in the National Flood Insurance Program.

III-8: Adequate Fire and Police Services:“Evaluate the need for additional fire and police facilities or resources to serve new development projects that vary from established agreements.

Coordinate with AVCA and service providers to evaluate the level of fire and police service provided to the community. Require adequate street widths and clearance for emergency access.” 2022 Status of Implementation: In both the Planning and Building permit process, development projects that vary from established agreements are routed to the Orange County Fire Authority and the Orange County Sheriff Department for review and comment/approval.

Every project is evaluated against the need for additional fire and police facilities or resources. 91 18
Additionally, adequate street widths and clearance for emergency access is reviewed and then required with permit issuance.

III-9: Public Education Facilities: “For proposed projects that vary from established development agreements, determine anticipated student generation in conjunction with Capistrano, Saddleback Valley, and Laguna Beach Unified School Districts. Work with the districts to collect student impact fees. Where permitted by law, require the dedication of necessary school sites where appropriate associated with development proposals” 2022 Status of Implementation: The Building Department ensures collection or exemption for student impact fees prior to issuance of building permits.

III-10: Adequate Parks, Recreation Facilities, Trails and Community Center: “Require payment of park fees, dedication of land for parks and/or dedication and provision of multi-use trails as conditions of new development, as applicable. Park-related dedications or fees will be determined using the City’s ratio of 5 acres of parkland and/or parkland improvements per 1,000 residents.

Research options or opportunities to provide necessary or desired community facilities, such as a Community Center.”
2022 Status of Implementation: Fees allocated for parks have been collected as part of development agreements negotiated between the City and developers. Park in-lieu fees are also triggered when a subdivision includes a residential component.

III-11: Library Fees: “Assess proposed development that varies from established development agreements for library impact fees in conjunction with the Orange County Public Library.” 2022 Status of Implementation: Other than projects approved with a development agreement, the City has not assessed City development impact fees such as library impact fees for any project. The City has never studied library fees because library services have always been provided by the County.

III-12: Transit Oriented Development: “Require incorporation of transit-oriented design features and attractive and appropriate transit amenities (including shaded bus stops) into public and private development projects to promote and support public transit use.” 2022 Status of Implementation: The City continues to analyze the need for new public transit amenities, both on a project-by-project basis, and within the context of the Orange County Transportation Authority programs. Based on ridership and other analysis OCTA has eliminated all fixed bus routes in the City. A new, on-demand shuttle service is being tested by OCTA. The City will continue to evaluate local shuttle options through OCTA Projects S and V for Metrolink and circulator shuttles.

III-13: Ecological and Biological Resource Assessments: “Assess development proposals that vary from established development agreements for potential impacts to significant ecological and biological resources. Require appropriate mitigation for all significant impacts if impact avoidance is not possible. Mitigation measures for habitat and species may include, but are not limited to:
avoidance, enhancement, restoration, or a combination of any of the three, along with participation in the Central and Coastal Region Natural Community Conservation Program (NCCP). Address the following subjects within impact assessments, as applicable to individual development projects:
 Natural communities.
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 Riparian and wetland habitats.
 Coastal sage scrub and coast live oak habitats.
 Rare and endangered animal and plant species.
 Habitat fragmentation (including disruption of wildlife corridors).  Aliso Creek and associated tributaries.
 Significant tree stands.”
2022 Status of Implementation: As part of the CEQA process, all projects are assessed for potential impacts to significant ecological and biological resources, and where appropriate mitigation measures are required.

III-14: Green Building and Energy Conservation: “ Evaluate proposed development projects throughout the City using Leadership in Energy and Environmental Design (LEED) Standards developed by the US Green Building Council. The City strongly encourages all future development and major renovation projects within the following General Plan designations to achieve LEED certification: Very High Density Residential, Town Center Commercial, Recreation Commercial, Business Park, Professional Office, and Community Facility. Investigate the potential to offer density bonus incentives on residential projects that achieve LEED certification.

Require compliance with State Title 24 building construction standards and Energy Star conservation standards for all development projects.”
2022 Status of Implementation: This objective is satisfied by the compliance of new projects with Cal Green Building Code standards for new construction.

III-15: Geologic Hazard Assessments: “Pursuant to State law, geologic and/or geotechnical studies are required for proposed new development projects located in areas identified as susceptible to landslides and liquefaction and binding mitigation strategies must be adopted.

These areas are identified on Figure S-1 of the Safety Element. Compliance with the recommendations set forth in site specific geologic and/or geotechnical studies will be made a condition of the site development permit for subsequent projects. In addition, the City may require applicants to incorporate measures to stabilize and maintain slopes on a site-by-site basis, such as, but not limited to, proper planting, irrigation, retaining walls, and benching.” 2022 Status of Implementation: The City requires new geologic and geotechnical studies when necessary. Compliance with recommendations in such studies are made a part of the site development permit. Additionally, the City coordinates with local Homeowners Associations regarding maintenance of slope stabilization, where needed.

III-16: Crime Prevention Through Environmental Design (CPTED):“Review all new development proposals for sensitivity to Crime Prevention Through Environmental Design (CPTED) principles.

Encourage incorporation of design features that employ adequate lighting and place increased emphasis on public areas.”
2022 Status of Implementation: All development are reviewed for consistency with CPTED design guidelines during the planning process. Appendix A, of the Zoning Code, describes the requirements for Crime Prevention through Environmental Design (CPTED).

III-17: Noise Contours and Standards: “Review development proposals to ensure that the noise standards and compatibility criteria set forth in the Noise Element are met. Require acoustical analyses for all proposed development within the 60 dB CNEL contour as shown on Figure N-1 93 20
in the Noise Element. Also require acoustical analyses for all proposed residential projects in the vicinity of existing and proposed commercial and industrial areas.

Require mitigation measures, where necessary, to reduce noise levels to meet the adopted standards and criteria. Such measures may include berms, walls, and sound attenuating architectural design and construction methods. Only permit new development if adopted noise standards and regulations can be met.”
2022 Status of Implementation: As part of the CEQA process, all projects are assessed for potential noise impacts per the Noise Element and Municipal Code (Title 8, Section 8.12 Noise Control), and where appropriate mitigation measures are required.

III-18: Noise Insulation Standards: “Enforce provisions of the California Noise Insulation Standards (Title 24) that specify that indoor noise levels for multi-family residential living spaces shall not exceed 45 dB CNEL. The standard is defined as the combined effect of all noise sources and is implemented when existing or future exterior noise levels exceed 60 dB CNEL. Title 24 further requires that the standard be applied to all new hotels, motels, apartment houses and dwellings other than single-family dwellings. The City will additionally apply the standard to single- family dwellings and condominium conversion projects.”
2022 Status of Implementation: As required by Section 1207 of the California Building Code, the Building Department enforces provisions of the California Noise Insulation Standards (Title 24) that specify indoor noise levels for multi-family residential living spaces, and all new hotels, motels, apartment houses and dwellings other than single-family dwellings shall not exceed 45 dB CNEL. Furthermore, the Building Department will additionally apply the standard to single-family dwellings and condominium conversion projects. In other words, this is accomplished by requiring insulation between units.

IV-1: Annual Review of General Plan and Environmental Indicators: “Annually review implementation of the General Plan and Land Use Policy Map to identify the effect of land development and use on City revenues and costs of providing public facilities and services.

Develop a range of environmental indicators to be monitored over time as the community develops. Such indicators may include, but are not limited to the following: percentage of land area used as open space, percentage of solid waste diverted from the waste stream through recycling, etc. Utilize the City’s GIS system to create and track these indicators, and report annually to the City Council regarding progress toward established objectives.” 2022 Status of Implementation: There are two environmental indicators that staff has data for and can be used to annually review implementation of the General Plan and Land Use Policy Map to identify the effect of land development and cost of providing public facilities and services: percentage of parkland and percentage of solid waste diverted through recycling. In 2003, with the formation of the General Plan, there was 257.5 acres of parkland for an approximate population of 42,000, and since 2003, two parks totaling 3.2 acres, within the Glenwood development have been constructed and 0.91 acre of parks were added to the City’s inventory with the final permitting of the Vantis development in 2017, for a total increase of 4.11 acres. Now, with an approximate population of 50,000 and 261.61 acres of parkland, there are 5.23 acres of parkland per 1,000 residents, which exceeds the City standard of 5 acres per 1,000 residents as well as the accepted standard of 3 acres per 1,000 residents. In addition, the City finished construction of the Aliso Viejo Ranch park in 2020 which added 7 acres of parkland to the City. For solid waste diversion rates, the Environmental Services staff receives a monthly report from CR&R on the diversion rates, and has also updated Municipal 94 21
Code Chapter 7.15 Construction or Demolition Debris to meet the current State Diversion rate of 65%, of which the City met in 2017.

IV-2: Preserve Jobs-Housing Ratio: “To the extent possible, preserve the balance between jobs and housing in Aliso Viejo through land use decisions. The five Community Benefit Overlay (CBO) areas identified in the Land Use Element provide substantial new opportunities for housing development within the City, which, if combined with business support programs, can help to preserve or improve the current (2000) ratio of 0.94 jobs per housing unit. Work with property owners to develop these to provide new employment opportunities and a variety of housing types that encourages people to both live and work in Aliso Viejo.” 2022 Status of Implementation: According to the latest statistic available from the United States Census Bureau (2020), there were 29,887 full-time and part-time jobs (including self- employed) and 20,189 total dwelling units in Aliso Viejo in 2020. This equals a 1.48 jobs per housing unit ratio, an improvement of the 2000 ratio of 0.94 jobs per housing units.

IV-3: Outreach Objectives for Outlying Areas: “ Establish semi-annual community outreach objectives and promote City activities within the Via Iglesia area and residential areas east of Alicia Parkway.”
2022 Status of Implementation: The following are ongoing outreach activities performed or aided by the City in regard to the Via Iglesia area:
 The City provides support to Iglesia Park HOA Boards to facilitate meeting space and community forums.
 The City maintains contact with the Moulton Parkway HOA and keeps abreast of issues and events in the neighborhood.
 Direct mailings are used as needed (not exceeding four mailings per year) with information regarding upcoming City sponsored events and meetings held at Iglesia Park Community Center.
 The City consults with the Boys and Girls Club of Capistrano Valley to provide traditional out of school time programs in the areas of education and career development; the arts and technology; health and life skills; sports, fitness and recreation; and character and leadership development.
 HOA Boards and residents are encouraged to subscribe to e-news updates provided by the City.

IV-4: Public Education Programs: “Use public education activities to accomplish the following objectives:
 Protect residents from hazards associated with slope instability and flooding.  Improve surface water quality. Educate residents regarding surface water quality pollutants, especially those that may result from community activities, such as car washes.  Identify steep slope hazards and steps residents can take to make their homes and businesses safer.
 Raise public awareness of fire safety issues including wild land fire prevention, where to take pets during fire-related evacuations, and the benefits of fire resistant slope cover.

Educate the public regarding proper disposal of household hazardous waste (including medical wastes) and other safety concerns related to improper use or storage of hazardous materials.
 Ensure that residents are prepared for any problems associated with the San Onfore Nuclear Generating Station (SONGS).
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Coordinate education activities and make materials available to residents. Utilize forums, flyers, brochures and the City’s website to accomplish these objectives.” 2022 Status of Implementation: The City has developed and implemented a comprehensive public outreach program for pollution prevention and solid waste recycling. This program includes distribution of educational materials such as guidelines and best management practices, and trainings and workshops for residents and businesses.

To raise awareness for fire safety issues, OCFA has a program called “READY! SET! GO!”. “READY! SET! GO!” is about helping residents understand how their home’s location, surrounding vegetation, construction elements, and other factors place their property and them at risk during a wildfire. The goal of this program is to educate and engage residents in reducing the risk in their communities to help save lives and property.

IV-5: Geographic Information Systems: “Implement a Geographic Information System (GIS) to provide accurate mapping and detailed information pertaining to infrastructure, land use, public safety and environmental resources within the Planning Area. Add water and sewer information obtained from service providers to the City’s GIS system. Expand the GIS system to include information pertaining to street lights, parks, land use, zoning, trails, fire hydrants, City-owned lands, environmental resources, roadways, parcels subject to fuel modification plans, and emergency management information. Utilize the GIS system in tandem with engineering and traffic models to evaluate the infrastructure impacts of new development within the City. These data will be shared with OCFA.”
2022 Status of Implementation: The City is currently researching strategies, costs, and timelines for expanding the City GIS system.

IV-6: Source Reduction and Recycling Element: “Continue to implement waste diversion programs as well as public education programs as outlined in the City’s Source Reduction and Recycling Element required by Assembly Bill 939.”
2022 Status of Implementation: As required by AB 939, AB 1826, and AB 1594 the City has developed and implemented a solid waste program with the objective of diverting at least 65% of solid waste from the landfill. The City has entered into an agreement with the City’s hauler (currently CR&R Environmental Services) to implement this plan and achieve the diversion goal.

IV-7: Improve City-University Connections: “Continue to work with Soka University of America representatives to encourage both physical and social connections between the City, local businesses and the University. Potential activities include coordinating planning activities with university facility planners, investigating the potential for shuttles between the University and Aliso Viejo Town Center, joint promotion of cultural and community events, standing committees to oversee joint activities, preservation of and public access to open spaces within the campus, and other activities.”
2022 Status of Implementation: The City continues to partner with Soka University of America to organize community events and activities. Open spaces on the University campus continue to be open and accessible for area residents, who utilize them for activities such as walking, jogging, and picnicking.
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IV-8: Transportation Demand and System Management: “ Participate in regional efforts to implement Transportation Demand Management (TDM) requirements and support implementation of the employer TDM provisions of the South Coast Air Quality Management District Air Quality Management Plan. Complete intersection capacity improvements and coordinate traffic signals as necessary to improve traffic flow.” 2022 Status of Implementation: Intersection capacity improvements have been completed as indicated under Implementation Program II-6. The City contracts a traffic engineering firm to inspect and maintain its traffic signal operations and coordination programs. Coordination programs have been incorporated on Pacific Park Drive, Aliso Creek Road, Alicia Parkway and La Paz Road. As required for Measure M2 eligibility, the City has implemented a Traffic Signal Synchronization Master Plan. The City also participates through OCTA in congestion management programs.

IV-9: Homeownership Assistance Program: “ Establish a City-sponsored Homeownership Assistance Program. Explore the feasibility and appropriateness of various programs to provide homeownership opportunities to lower and moderate income households. Programs to be evaluated include Mortgage Credit Certificates (MCC), Mortgage Revenue Bonds, Lease-to-own programs, etc.”
2022 Status of Implementation: A City sponsored Homeownership Assistance Program has not been established yet. However, in conjunction with Shea Homes, the City established an affordable housing program that provides homeownership opportunities to lower income households. To date, all forty-three of the affordable units in the Glenwood development have been sold, and fifteen of the affordable units in the Vantis development have been sold. In 2022, staff continues to oversee the transfer of ownership for these affordable units to ensure that the individuals are meeting the requirements of the program. In addition, the County of Orange maintains a Mortgage Credit Certificates (MCC) program that includes qualified residents of Aliso Viejo.

IV-10: Conservation of Existing Affordable Units: “Monitor the status of multi-family housing projects with units affordable to households earning lower incomes. Pursue available options to preserve such affordable units.”
2022 Status of Implementation: Currently, Aliso Viejo has two multi-family housing projects with units affordable to households earning lower incomes. Neither one is at risk of converting to market-rate housing during this Housing Element period as the shortest deed restriction at these two locations is not due to expire until 2031. Should there be a change in the status of these housing projects, the City will monitor the deed restrictions or affordability covenants of affordable housing, notify residents of potential conversion to market-rate housing, and pursue options to preserve the affordable housing units.

Furthermore, all 43 low-income units within the Glenwood development and all 15 of the low- income units within the Vantis development have been constructed to date. As the units are constructed and sold to low-income buyers, the City will monitor deed restrictions on those units. There is a forty-five year affordability restriction on those units.

Vintage Aliso, a 202-unit senior low and very-low income development (includes two manager units) was constructed and opened in 2017, and staff will continue to monitor the affordability.

Additionally, the 435-unit Vantis apartment complex was constructed and opened in 2017, 97 24
and staff will continue to monitor the affordability of the 20 low income rental units contained within the 435-unit development.

Liberty at Aliso, a 200-unit senior low and very-low income development (includes two manager units) was constructed and opened in 2019, and staff will continue to monitor the affordability.

IV-11: Alternative Transportation Strategies: “Promote and encourage the use of electric and natural-gas fueled vehicles. Support efforts to promote development and use of other alternative transportation technologies that contribute to improved air quality. Consider future adoption of an ordinance requiring provisions for alternative fueled vehicles (e.g. charging or fueling stations) at or near major employment locations, shopping centers, public facilities and mixed-use developments.”
2022 Status of Implementation: Ordinance 2012-046 was approved by City Council on November 7, 2012which included a provision that parking spaces for electric vehicle charging shall be credited toward the off-street parking requirements. In 2021, the Building and Planning staff continued to process permit requests for residential and commercial electric charging stations. Ordinance 2022-233 was approved by City Council on December 14, 2022which amended Specific Plan No. 2 to allow sale, lease, and service of new electric vehicles and charging or alternative energy stations with incidental service and repair.

IV-12: Green Building Education and Training: “ Provide staff support and public education regarding the City’s proposed green building standards and methods of compliance.” 2022 Status of Implementation: As needed, the Building staff provides support and education regarding the California Green Building Code standards.

IV-13: Slope Monitoring and Remediation: “Continually monitor and encourage remediation of unstable slope areas, particularly in areas characterized by the presence of crib walls or where historical anecdotal evidence of instability exists.”
2022 Status of Implementation: City staff monitors slopes in the City and encourages remediation of unstable slope areas. Specifically, the City reviews for erosion and slope movement and discusses remedies with the property owners. The City contracts with a geotechnical firm for advanced investigations. The City has worked hand-in-hand with homeowner associations to repair five (5) landslides and is continually monitoring other areas of concern.

IV-14: New Fire Prevention Technology:“Support research and development of new technologies to prevent and suppress fires (e.g. foam treatments for new construction and other means). If appropriate, encourage OCFA to utilize such technologies to improve fire safety in Aliso Viejo.” 2022 Status of Implementation: Residential Fire Sprinklers: The City adopted the 2016 California Fire Code which includes a provision requiring installation of residential fire sprinklers within all new homes. In addition, the City adopted requirements for installation of sprinklers within existing homes undergoing significant reconstruction or expansion. This technology nearly eliminates fire deaths and injuries, and reduces property damage by 60%.

Fire Hazard Severity Zone Map: The California Department of Forestry and Fire Protection used sophisticated computer modeling techniques to develop new statewide FHSZ maps. 98 25
The Fire Hazard Severity Zone Maps that were adopted by Council July of 2012 will improve decision making and regulatory processes and enhance survivability of new development within areas subject to wildfires.

Wildland Fire Test: Understanding the exact mode of building failure is critical to implementing strategies to reduce future losses resulting from wildfire. OCFA staff is participating in an international effort to understand how building components are impacted by wildfire. Results will be used to modify national building standards.

IV-15: Fuel Modification Zone Map and Notification: “Working collaboratively with AVCA and the Orange County Fire Authority, carefully investigate the status of fuel modification plans applicable to properties within the City and issue an educational notice to residents and property owners of lots with established fuel modification zones. Encode parcels subject to fuel modification plans within the City’s Geographic Information System (GIS), and prepare a map and notices to property owners describing the types of vegetation permitted and restricted within the applicable modification zone. Amend the Safety Policy map (Figure S-1 in the Safety Element) in the future to incorporate this information.”
2022 Status of Implementation: Fuel modification is an engineered plan/program that protects neighborhoods and consists of a minimum of approximately 170 feet of irrigated and non- irrigated zones, setbacks, and a selection of appropriate plant palettes for each. OCFA staff completed a GIS mapping project which depicts parcels affected by fuel modification and is available to City staff and property management companies. OCFA staff also engaged AVCA, property management companies, and landscape maintenance companies to improve understanding and acceptance of ongoing maintenance responsibilities.

IV-16: Hazardous Waste Transport: “Evaluate risks to the City posed by the transport of hazardous, nuclear and radiological waste through the City. Explore the possibility and feasibility of restricting or prohibiting transport of certain types of waste through the City.” 2022 Status of Implementation: Risks have been evaluated at specific locations in the City, on a case by case basis as the need arises.

IV-17: Nuclear Power Risks Reduction: “ Participate in programs and emergency response exercises with federal and State agencies and Southern California Edison to minimize community risks related to nuclear power plant production at the San Onofre Nuclear Generating Station (SONGS). Implement measures related to SONGS within the City’s Emergency Operations Plan (EOP) to ensure that residents are prepared for any problems associated with the facility.” 2022 Status of Implementation: While the City continues to be cognizant of disaster planning considerations, the San Onofre Nuclear Generation Station is not considered a danger to Aliso Viejo residents. The whole of Aliso Viejo is located outside of the five zones identified in the facility Emergency Planning Zone (EPZ) as areas potentially affected by an accident at the facility, which permanently ceased operating in June 2013. The City’s Emergency Management Program Coordinator continues to work closely with Southern California Edison to stay current on the plant’s decommissioning status and the status of the spent fuel rods that are housed on site.

IV-18: Neighborhood Watch and Community Policing: “Continue to coordinate and promote citywide Neighborhood Watch and Community Oriented Policing programs.” 99 26
2022 Status of Implementation: Police Services continues to work with existing Neighborhood Watch programs in the City. Extra care is given towards revisiting and reinforcing existing programs.

IV-19: Former MCAS El Toro Contour Redevelopment Opportunities: “ Recognizing that Aliso Viejo was developed under land use, noise and safety restrictions associated with the former MCAS El Toro, monitor opportunities for redevelopment of formerly restricted areas within the City. Encourage redevelopment opportunities within these areas that improve the City’s fiscal stability, or accomplish other key General Plan objectives.” 2022 Status of Implementation: Since the adoption of the General Plan, the Planning department has monitored opportunities for redevelopment of formerly restricted areas within the City. The City employs an Economic Development consultant to devise methods to encourage development opportunities within these areas that improve the City’s fiscal stability. City is exploring allowing for a mix of uses in the Gateway portion of the Aliso Viejo Town Center, which includes uses that were previously precluded.

V-1: Development Community: “Work with the development community to achieve beneficial development within identified Community Benefit Overlay (CBO) areas. Coordinate with local developers to promote available development opportunities within the City, emphasizing available sites for clean light industrial development and projects that improve the City’s jobs-housing ratio.” 2022 Status of Implementation: The City is an active partner with the private development community in maintaining a jobs-housing ratio appropriate and beneficial to the City. Specific Plans and/or Professional Office (PO) zoning (The Summit) have been adopted for each CBO area, along with development agreements which provide extra City benefits and project amenities which would not normally be provided, in return for greater development flexibility.

Effective development agreements for all Community Benefit Overlay areas in the City help to ensure a proper jobs-housing balance.

V-2: Utility Companies: “Support efforts by Southern California Edison, Cox Communications, California Gas Company, cellular telephone service providers and other local utilities to research and consider use of the latest technological and infrastructure advances. Ensure through such coordination that Aliso Viejo remains on the cutting edge of new infrastructure technology. Where feasible and appropriate, promote the City as a reliable test site for new technologies.” 2022 Status of Implementation: The City issues permits and performs inspections as necessary in regard to construction of communications facilities. The City has worked with all utility companies that have infrastructure located in the City, including those laying fiber optic cables. The City has been working with multiple wireless telecom companies to deploy the latest small cell technology which is expected to use 5G technology.

V-3: Regional Economic Development Agencies: “Work with South Orange County Regional Chambers of Commerce and the Orange County Business Council in developing and implementing business attraction and retention programs. Pursue available grant funds to develop these programs. Joint efforts should seek to accomplish the following objectives:
 Promote Aliso Viejo as a destination.
 Build the City’s reputation as an excellent site for national or international corporate headquarters.
 Attract clean industries that expand employment opportunities at all skill and wage levels. 100
27  Attract recreation commercial and mixed-use projects desirable to both residents and visitors.
 Support physical improvements of building facades or structures.  Provide businesses technical assistance and access to enhanced technological infrastructure.
 Assist businesses to understand City regulations and participate in City-sponsored programs, events, and activities.”
2022 Status of Implementation: The City actively works with regional and local business groups, such as the Orange County Business Council, the Orange County Building Industry Association, Aliso Viejo Chamber of Commerce, the Orange County Association of Realtors, and with the development community to facilitate business development and retention in Aliso Viejo In 2018, Planning staff worked with “Summit South,” formerly “Q-Logic,” to rebrand the location as “Element.” In 2019, Planning Staff worked with the new owners, Glaukos, to obtain permits to modify the space to their needs. In 2022, Glaukos received a temporary Certificate of Occupancy.

In 2019, the Lowe’s Home Improvement Store closed which created a large vacancy in The Commons portion of the Aliso Viejo Town Center. In 2022, City Council approved a Site Development Permit for façade modifications to the former Lowe’s building and adjacent suites, a Development Agreement between the City and the property owners, and a Specific Plan Amendment to allow for the sales and service of non-internal combustion engine vehicles.

V-4: Local School Districts: “Coordinate with the Capistrano, Saddleback Valley, and Laguna Beach Unified School Districts to address the following issues, as applicable:
 Assist the school districts to update information in their Master Plans and Long-Range Facility Plans, identify future school and administrative facility sites, student generation formulas, and facility improvement plans.
 Assist the school districts in their review of development proposals to ensure that development proposals are consistent with school facilities requirements.  Coordinate any needed amendments to the City General Plan with applicable school districts.
 Develop safe pedestrian and bicycle routes to all schools and ensure physical improvements (such as crosswalks and bike racks) are in place to support walking and bicycling to schools.
 Explore non-structural solutions that may encourage people to walk or bus to school, rather than drive (e.g. staggered start times, walking groups, etc.)  Coordinate bussing programs and expand ride-sharing opportunities to relieve congestion and improve safety conditions during school drop-off and pick-up times  Enter into joint-use agreement to make additional recreational facilities available to the community during non-school hours
 Work with the school districts to redraw attendance boundaries as needed to alleviate overcrowding.”
2022 Status of Implementation: The Planning staff assists as necessary the school districts to update information in their Master Plans and Long-Range Facility Plans, identify future school and administrative facility sites, student generation formulas, and facility improvement plans, and review of development proposals to ensure development proposals are consistent with school facilities requirements. To date, the City has not yet been requested to coordinate any 101
28 needed amendments to the General Plan with applicable school districts. The Public Works Department and Police Services coordinates with the school districts regarding developing safe pedestrian and bicycle routes.

Walk to School Day is a collaborative partnership with the Aliso Viejo public schools and Aliso Viejo Police Services to reinforce children’s good pedestrian safety skills, to remind adults to drive safely in school zones, and to promote physical activity for children to stay strong and healthy. Walk to School Day also provides an opportunity for children and adults to observe and report any unsafe traffic, street or sidewalk conditions or situations to the City Engineer and the Chief of Police Services.

The City completed work through a partnership with the Aliso Viejo Community Association to provide improvements (lights, restrooms, shelters) to various parks owned and maintained by the Association.

In March 2015, the City Council established an Ad hoc committee with representatives of Capistrano Unified School District to discuss issues of mutual interest.

V-5: Soka University of America: “Coordinate with Soka University of America to facilitate completion of the university campus consistent with the approved University Master Plan.

Continue to participate in other activities to promote a mutually-beneficial relationship between the University and the City. Work with the University to ensure public access to trailheads on University property.”
2022 Status of Implementation: In 2017, the City worked with Soka University of America to complete the latest phase of the University Master Plan, which included a new science building and residential dormitories. In 2020, construction was completed for the latest phase, as well construction of the Soka Observatory.

V-6: Aliso Viejo Community Association (AVCA): “ Continue to work with AVCA to achieve the following objectives:
 Ensure that parks and trails are maintained, and new facilities are constructed to meet the needs of new City residents.
 Identify demand and a site for a community center.
 Ensure provision of pedestrian and bicycle facilities to serve neighborhood areas.  Ensure that landscaping, park maintenance and other services provided by AVCA employ water conservation measure, use recycled water if available from water suppliers, and prevent groundwater pollution from fertilizer application and other potential pollutants.  Support AVCA efforts to acquire land to protect Aliso Creek and other surface water bodies from encroachment.
 Support implementation of AVCA’s Parks and Recreation Master Plan.  Encourage community-organized activities and events at AVCA parks and recreational facilities.
 Increase access to active recreational opportunities, particularly for children, teens and seniors.
 Identify and fill gaps in the recreational trail system.  Identify alternative emergency water sources, such as private swimming pools, to assist in fire suppression activities.
 Carefully investigate the status of fuel modification plans applicable to properties within the City.
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29  Encourage development and operation of community and recreational facilities as a preventative strategy to reduce youth criminal activity.” 2022 Status of Implementation: The City completed work through a partnership with the Aliso Viejo Community Association and completed improvements (lights, restrooms, shade structures) to various parks owned and maintained by the Association. The City ensures park maintenance and other services provided by AVCA employ water conservation measures through use of Water Quality Management Requirements for homeowner associations and property management companies. The City collaborates closely with AVCA in providing community-building and recreational opportunities for Aliso Viejo residents. In March 2015, the City Council established an Ad hoc committee with representatives of AVCA to discuss issues of mutual interest.

V-7: Orange County Public Library (OCPL): “Work with the Orange County Library (OCPL) to ensure the California State Library recommended standard of 1.5 books and 0.5 square feet per capita is maintained and the City’s library services needs are met as future development occurs.” 2022 Status of Implementation: Although the Orange County Public Libraries system does not keep these types of statistics for each of its branches, information is available for the County- wide system. The most recent statistic available is for the 2016-2017 fiscal year where the Orange County Public Libraries had 1.53 book volumes per capita. Therefore, the book volume statistic is above the 1.5 recommended standard.

V-8: Transportation Corridor Agency (TCA): “Continue to work with the Transportation Corridor Authority (TCA) to reduce tolls for short distance trips along SR-73 to alleviate local traffic congestion, improve community safety, and reduce noise and air quality impacts within the City.

Encourage TCA to schedule landscape maintenance and construction projects during non-peak hours to reduce traffic impacts on the Transportation Corridor and City Streets. Work with TCA to achieve attractive, well-maintained low-water landscaping within the Transportation Corridor that provides effective erosion control.”
2022 Status of Implementation: The City has encouraged TCA to plant drought-tolerant landscaping adjacent to Transportation Corridor entry and exit points within Aliso Viejo.

Construction projects have been coordinated with the City to minimize local impacts. Tolls have been eliminated during special events that detour traffic to SR-73.

V-9: Adjacent Jurisdictions:“Continue to coordinate intersection maintenance and improvements with adjacent jurisdictions to ensure that intersections along Moulton Parkway, Alicia Parkway and El Toro Road operate at Level of Service D or better, or at service levels consistent with OCTA Congestion Management Plan (CMP) requirements. Collaborate with adjacent jurisdictions to investigate the feasibility of improving current pedestrian and bicycle crossings at these intersections, or providing overcrossings of these roadways to improve safety conditions.

Continue to coordinate with neighboring jurisdictions to provide adequate levels of police services within the community.”
2022 Status of Implementation: The City continues to perform ongoing collaboration with adjacent cities, especially concerning roadways that join those communities with Aliso Viejo.

Recent work on El Toro Road to improve the intersection at Aliso Creek Road has been a joint effort between the City and the City of Laguna Woods.
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30 V-10: Orange County Transportation Authority (OCTA): “ Work closely with the Orange County Transportation Authority (OCTA) to achieve the following:
 Maintain consistency with the County Master Plan of Arterial Highways (MPAH) within the City.
 Implement the OCTA Congestion Management Plan (CMP) within the City.  Expand and improve bus service within the City.
 Encourage provision of attractive and appropriate transit amenities, including shaded bus stops.
 Provide special transit services (such as direct shuttle or dial-a-ride services).  Support and implement the OCTA Commuter Bikeways Strategic Plan and participate in future updates and revisions to the Plan.

In addition, coordinate with Caltrans on all plans, activities, and projects which may affect State roadway facilities.”
2022 Status of Implementation: The Public Works/Engineering Department maintains consistency with the County Master Plan of Arterial Highways (MPAH) and implements the OCTA Congestion Management Plan (CMP) within the City via Measure M. The Department works with OCTA in support of the OCTA Commuter Bikeways Strategic Plan in the Aliso Viejo Streets and Trails Master Plan. Staff coordinates with Caltrans on all plans, activities, and projects which may affect State roadway facilities.

V-11: Orange County Housing Authority (OCHA): “Assist the Orange County Housing Authority (OCHA) in promoting the use of Section 8 Housing Choice Vouchers and Special Needs Group Rental Assistance Programs in Aliso Viejo. Specifically, make referrals to OCHA, advertise the programs on the City website and newsletters, and distribute information at the public counters and Family Resource Center.”
2022 Status of Implementation: The Orange County Housing Authority is not currently accepting applications for rental assistance through the Housing Choice Voucher program.

Special Needs Group Rental Assistance is available, but only through referrals. The City makes available a copy of the 2022 County of Orange Affordable Rental Housing List to residents at the City’s public counter.

V-12: Local Water Districts: “Continue to work with the Moulton Niguel and El Toro Water Districts to implement their Urban Water Master Plans and ensure that adequate water supplies are available to meet the needs of current and future growth. Support efforts by these agencies to research and employ new technologies that improve water and sewer services and/or sustainability of water supplies serving Aliso Viejo.”
2022 Status of Implementation: The City works with the two water districts to ensure new projects can be served by water. The City also works with both districts to provide meetings, workshops and public outreach materials as part of a collaborative community effort to eliminate irrigation runoff.

V-13: Land Acquisition Organizations: “Support efforts by public and private organizations to acquire land for the following purposes:
 To protect Aliso Creek and other surface water bodies from encroachment;  To establish ecological or biological resource conservation easements; and/or  To be set aside as permanent open space.”
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31 2022 Status of Implementation: The City supported establishment of a new wetland area as part of the Glenwood development built by Shea Homes. This wetland biologically treats urban runoff to reduce pollutants such as bacteria prior to being discharged into Aliso Creek. The City works with homeowners association and OC Vector Control to assure proper maintenance of the wetland. The City partnered with the adjacent cities of Laguna Woods, Laguna Hills, and Lake Forest to fund and construct a wetland to treat urban runoff from the Dairy Fork sub-watershed of Aliso Creek.

V-14: San Diego Regional Water Quality Control Board (SDRWQCB): “Comply with all provisions of the National Pollutant Discharge and Elimination System (NPDES) permit, and support regional efforts by SDRWQCB to improve and protect water quality.” 2022 Status of Implementation: See implementation programs I-8 and III-3.

V-15: Central and Coastal Orange County NCCP/HCP: “Support further implementation of the Central and Coastal Orange County Natural Communities Conservation Program/Habitat Conservation Program by the County of Orange. Participate in any future updates to these Plans.”
2022 Status of Implementation: Aliso Viejo is part of the South Orange County Watershed Management Area. The City entered into a cooperative agreement in 2010 for Regional Water Quality Projects. The City participates in the regional efforts for pollution prevention as part of Laguna Coastal Stream and Aliso Creek Watershed area. The City has also developed a Hot Spot Elimination Program for pollution prevention in response to the Aliso Creek Directive issued by the San Diego Regional Water Quality Control Board in 2003.

In compliance with the Bacteria Total Maximum Daily Loads (TMDLs) adopted in 2010 by the San Diego Regional Water Quality Control Board, the City is currently working with other South Orange County cities on the development of a comprehensive load reduction plan for pollutants in both dry weather urban runoff and stormwater. Compliance with the TMDLs must achieve April 4, 2021 for dry weather and by April 4, 2031 for wet weather load reductions.

Furthermore, staff implements AVMC Section 15.26.050(E)(1)(a), which reads “environmentally sensitive habitat areas and areas within the CZ designated as ”NCCP (Natural Community Conservation Plan) Habitat Reserve’” in the General Plan Conservation/Open Space Element shall be protected against any significant disruption of habitat values.”
V-16: Air Quality Management Plan: “Work with the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SCAG) to implement the Air Quality Management Plan and meet all federal and State air quality standards for pollutants.

Participate in any future amendments and updates to the Plan. Implement and interpret the General Plan in a manner consistent with the Air Quality Management Plan.” 2022 Status of Implementation: The City participated in general Air Quality Management Plan (AQMP) discussions and has determined that it is consistent with the General Plan. Additional goals and policies will be considered during future updates in furtherance of the AQMP.

V-17: Aliso and Wood Canyons Wilderness Park: “Coordinate with the County of Orange to secure permanent access easements and establish additional trailheads to Aliso and Wood 105
32 Canyons Wilderness Park. Pursue completion of a trail within the Park that connects Aliso Viejo to the beach. Discourage illegal entry into the Park to minimize adverse effects to sensitive areas and vegetation.”
2022 Status of Implementation: Together with the County of Orange, the City discourages public access to the Wilderness Park through residential areas. The City continues working with OC Parks, AVCA and the homeowner associations to secure and maintain access to Wilderness Park and maintain a secure gate to prevent unauthorized access.

V-18: Orange County Hazardous Waste Reduction Program:“Encourage residents to participate in the County’s Hazardous Waste Reduction Program. Continue to identify locations where residents can dispose of household hazardous wastes at public counters and on the City’s website.”
2022 Status of Implementation: This program is managed by Orange County Waste & Recycling, which owns and operates two Household Hazardous Waste Disposal facilities nearby in Irvine and San Juan Capistrano. The City provides information and outreach materials to its residents and businesses regarding the program.

V-19: Orange County Fire Authority (OCFA):“Work closely with the Orange County Fire Authority (OCFA) to implement fire hazard education and fire prevention programs, including fuel modification programs and controlled burns. Coordinate with OCFA to ensure that water pressure for urban areas and sites to be developed is adequate for fire-fighting purposes. Coordinate with OCFA to implement the Hazardous Materials Area Plan within Aliso Viejo. Continue to support OCFA’s Swift Water Rescue Teams, which are equipped to respond to flooding crisis situations.” 2022 Status of Implementation: The City maintains a Hazard Mitigation Plan to identify natural and other hazards potentially impacting Aliso Viejo and to reduce the risks and losses of hazard events. It identifies mitigation activities, policies and programs, and mitigation strategies for the future.

V-20: Orange County Sheriff’s Department (OCSD):“Coordinate with the Orange County Sheriff’s Department (OCSD) to increase public awareness about criminal activity and crime prevention activities. Ensure that mutual aid agreements between the Sheriff’s Department and the police departments of surrounding jurisdictions are in place for emergency situations. Coordinate with the Orange County Sheriff’s Department and the California Highway Patrol to enforce the California Vehicle Code pertaining to noise standards for cars, trucks, and motorcycles.” 2022 Status of Implementation: Interagency coordination remains a high priority for the Public Safety Department. This includes collaborating on activities such as:
 Coordinating tours of the police station for Boy Scouts and other groups,  Enforcing vehicle codes,
 Making public safety resources available to residents online, including access to information on crimes in Aliso Viejo,
 Being an active participant of the AlertOC program that communicates emergency information to local residents and businesses,
 Creating safety tips for disseminating to Neighborhood Watch groups in the City; and
 Attending community meeting at multi-family complexes. 106
33 V-21: Orange County Flood Control District (OCFCD): “Coordinate with the Orange County Flood Control District (OCFCD) to ensure regularly scheduled maintenance of flood control channels and completion of necessary repairs. Coordinate with the OCFCD and water districts regarding any needed improvements to existing above ground water tanks. Work with the District to identify new flood control improvements, and establish installation programs for improvements. In addition, coordinate with the County of Orange Subdivision and Grading Services concerning water quality issues.”
2021 Status of Implementation: The City of Aliso Viejo and the Orange County Flood Control District operate under the same State NPDES permit for discharges of runoff from the municipal separate storm sewer systems. In compliance with this permit, the OCFCD as principal permittee operates and maintains storm water programs that cover the south Orange County area including the floor control structures within the City.

V-22: Trucking Industry: “Work with trucking industry representatives to orient trucks to major roadways identified as truck routes to avoid traffic and noise impacts on local roadways.

Designate new local truck routes when necessary. Require adequate truck access, parking, and loading within new commercial and industrial projects.” 2022 Status of Implementation: The City continues to consider truck traffic as a component of traffic management. An example of such efforts consisted of discussions between the City and the United States Postal Service regarding routes for postal service vehicles.

Progress of General Plan and Zoning Code Amendments and Major Developments The following is a discussion of amendments to the General Plan and Zoning Code, and significant development projects in calendar year 2022:

General Plan: There were no amendments to the General Plan in 2022. However; on January 19, 2022 the City council adopted the 2021-2029 Housing Element. City and consultant staff continue to revise the adopted Housing Element to address HCD’s comments.

Zoning Code Updates: In 2022, two Zoning Code amendments were processed. 1) Urban Lot Split: In 2021, Senate Bill 9 (SB 9) was signed into law. SB 9 required cities to allow any single-family zoned lot to be split into two lots and allow up to two single-family dwellings on each newly created lot without any discretionary review. The SB 9 provisions went into effect on January 1, 2022. On May 4, 2022, the City Council adopt an Ordinance 2022-225 which amended the City’s zoning code to address development under SB 9. The ordinance imposed appropriate restrictions that are allowed by SB 9 so that SB 9 lot splits and two-unit projects are as compatible as possible with existing residential neighborhoods. 2) Outdoor Dining: Assembly Bill (“AB”) 61 was passed by the State of California in 2021 and added regulatory flexibility to restaurants to expand outdoor dining in response to the pandemic. Ordinance 2022-225 also included changes to the City’s regulations relating to outdoor dining. The ordinance allows any legally established restaurant to use up to 10 percent of its parking spaces for outdoor dining with the approval of a temporary use permit until January 1, 2024.
107
34 Development Projects: In 2022, there was significant activity on a project of City-wide importance in Aliso Viejo.
1) The Commons at Aliso Viejo Town Center: In 2019, the Lowe’s Home Improvement Store closed its doors, in addition to 51 other stores in the United States and Canada. The property owners approached the City regarding potential redevelopment of the site to include a mix of uses, including retail, residential, office and hotel space. At the behest of the City, the property owner held a weeklong design charrette, in which the community and stakeholders were encouraged to participate. In 2022, City Council approved a Site Development Permit for the Commons at Aliso Viejo Town Center which included façade modifications to the former Lowe’s building and adjacent suites, a Development Agreement between the City and the property owners, and a Specific Plan Amendment to allow for the sales and service of non-internal combustion engine vehicles. Facade upgrades to the shopping center are currently underway, and tenants will include a Tesla automotive dealership and a 99 Ranch Market.

General Plan Statement of Compliance
The General Plan and its implementation measures are in compliance with state law and guidelines concerning general plans, with the exception of the Housing Element, which is currently pending in compliance with State law as described below.

Housing Element Annual Progress Report
The GP APR includes the Housing Element (HE) APR, which is a status update on the Housing Element’s progress and implementation in meeting its required share of regional housing needs and local efforts to remove government constraints on housing. The HE APR must:

1. Be prepared through the use of forms and definitions adopted by HCD;

2. Describe the City’s actions towards completion of the programs and status of the City’s compliance with the deadlines in its housing element; and

3. Be considered at an annual public meeting before the City Council where members of the public shall be allowed to provide oral testimony and written comments.

The City Council adopted the Sixth Cycle Housing Element on January 19, 2022. On April 1, 2022, HCD notified City Staff that the adopted Housing Element required revisions to address HCD’s findings in order to comply with State Housing Element Law. In compliance with the California Government Code section 65400(a)(2)(B), the attached 2022 Housing Element Annual Progress Report (Appendix A) provides a status update as to the implementation and progress of the Sixth Cycle Housing Element.
108
35 Appendix A
Housing and Community Development Department Annual Housing Element Progress Report Forms
109
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
1_23_23
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
12 Journey, Suite 100
Aliso Viejo
92656
Please Start Here
General Information
2022
Aliso Viejo
Contact Information
So
Kim
Community Development Director
[email protected]
9494252527
Mailing Address
Annual Progress Report January 2020
110
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected]
and HCD will send you the login information
for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
111
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
112
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan 1 - Dec 31) Housing Element Implementation Cells in grey contain auto calculation formulas Planning Period 6th Cycle
Table A2
Streamlining Infill
Housing w ithout
Financial Assistance or
Deed Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN
+ Current APN Street Address Proj ect Name
+ Local Jurisdiction
Tracking ID
+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low -
Income Deed
Restricted
Very Low -
Income Non
Deed Restricted
Low - Income
Deed Restricted
Low - Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low -
Income Deed
Restricted
Very Low -
Income Non
Deed Restricted
Low - Income
Deed
Restricted
Low - Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low -
Income Deed
Restricted
Very Low -
Income Non
Deed
Restricted
Low - Income
Deed
Restricted
Low - Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of Occupancy
or other forms of
readiness (see
instructions) Date
Issued
# of Units issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
+
W as Proj ect
APPROVED using GC
65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs for
Each Development
(may select multiple - see
instructions)
Deed Restriction
Ty pe
(may select multiple -
see instructions)
For units affordable w ithout
financial assistance or deed
restrictions, explain how the
locality determined the units were
affordable
(see instructions)
Term of Affordability or
Deed Restriction (years) (if
affordable in perpetuity enter
1000)
+
Number of
Demolished/Destr
oy ed Units
Demolished or
Destroyed Units
Demolished/Des
troy ed Units
Owner or Renter
Total Density Bonus Applied to
the Proj ect (Percentage Increase
in Total Allow able Units or Total
Maximum Allowable Residential
Gross Floor Area)
Number of Other
Incentives, Concessions,
W aivers, or Other
Modifications Given to
the Project (Excluding
Parking W aivers or
Parking Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding Parking
W aivers or Parking
Modifications)
Did the proj ect receive a
reduction or w aiver of
parking standards? (Y/N)
Notes
+
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Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activ ity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
113
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan 1 - Dec 31) Housing Element Implementation Cells in grey contain auto calculation formulas Planning Period 6th Cycle
Note: "+" indicates an optional field
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114
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan 1 - Dec 31) Housing Element Implementation Cells in grey contain auto calculation formulas Planning Period 6th Cycle
Note: "+" indicates an optional field
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0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
115
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 386 - - - - - - - - - - - 386 1,195
- - - - - - - - - - - 1,195 5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
195 - - - - - - - - - - 195 214
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
205
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
390
214
205
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
390
116
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
117
Jurisdiction Aliso Viejo
Reporting Year 2022 (Jan 1 - Dec 31)
1 2 3 4
Name of Program Objective Timeframe in H E Status of Program Implementation Adequate Sites for New
Housing

1.) Within the first three years of the planning period, the City will process amendments to the General Plan and
zoning regulations to accommodate 100% of the shortfall of potential lower-income housing units to accommodate
the RHNA allocation as identified in Appendix C, Table
CP-32. Sites to be rezoned shall be selected from the
candidate sites listed in Appendix C, Table CP-33 and
shall comply with the
provisions of Government Code §65583.2.h and
§65583.2.i.

2.) City staff will provide assistance to applicants for housing developments on sites to be rezoned during the
review process.

3.) The City will facilitate affordable multi-family
development on these sites by supporting funding
applications, allocating funds from the Affordable
Housing Trust Fund, and/or approving modifications to
development standards.

4.) The City will report annually to the HCD on its
progress in implementing this program.

5.) The City will monitor project approvals and comply
with the no net loss requirements of Government Code
Sec. 65863.

1.) General Plan and zoning
amendments by October 2.)
Ongoing 3.)
Ongoing 4.)
By April 1st each year 5.)
Ongoing
1). City staff is currently revising the City Council adopted Housing Element to address HCD's comments. Once the Housing Element is certified, the City will begin to process amendments to the General Plan and zoning regulations.

2.) Ongoing

3.) Ongoing

4.) Following the March 16, 2022 public meeting, staff will submit this annual planning report to the California Department of Housing and Community Development. 5.) Ongoing
Facilitate the Provision of
Affordable Housing
New affordable housing commensurate with regional
needs (Table H-1).

Update density bonus
regulations by October 2022
City staff is currently revising the City Council adopted Housing Element to address HCD's comments. Once the Housing Element is certified, the City will begin to process amendments to the General Plan and zoning regulations.

Homeownership Assistance
Programs
Provide home buyer assistance information to potential homeowners in Aliso Viejo.

Annual updates to
information posted on the
City website
As homebuyer assistance information becomes available from the County of Orange or non-profit agencies, staff does and will continue to make available the information on the City's website and at the public counter. Additionally, when one of the 58 affordable, owner occupied units become available, an interest list of potential buyers is provided to the seller.

Section 8 Housing Choice
Vouchers
The City will continue to promote the use of Section 8
Housing Choice Vouchers in Aliso Viejo with the
objective of expanding assistance to very-low-income
households. Specifically, the City will make referrals to OCHA, advertise the program on the City website and in
newsletters, and distribute information at the public
counter at City Hall throughout the planning period.

Throughout the planning
period
The City has and will continue to make referrals to the Orange County Housing Authority regarding Section 8 Housing Choice Vouchers.

OCHA Special Needs
Groups Rental Assistance
Program
Continue to assist OCHA in promoting its Special Needs
Groups Rental Assistance Programs in Aliso Viejo with
the objective of expanding assistance to additional
households with special needs. Specifically, the City will make referrals to OCHA, advertise the program on City
website and newsletters, and distribute information at
the public counter at City Hall.

Throughout the planning
period
The City has no ability to determine funding levels or the number of persons served by these programs, but will continue to promote these assistance programs on the City website and other locations.

City Grants for Special
Needs Group
The City will allocate 50% of its Human and Social
Services community assistance grant budget to
incorporate homelessness prevention programs,
programs for the disabled, and domestic violence
support programs into the annual cycle of grant funding.

Throughout the planning
period
The City provided Human and Social Services community assistance grant to various non- profit agencies for homeless prevention programs, programs for the disabled, and domestic violence support programs in 2022.

Code Enforcement The City’s Code Enforcement Staff will continue to enforce property maintenance standards and adopted
City Building and Zoning codes. The City will promote
the importance of property maintenance to long-term
housing quality and property values, and encourage
community and neighborhood involvement in
neighborhood preservation through the Aliso Viejo
Community Association (AVCA), City newsletters, e-
news, cable television, and informational brochures at
the public counter at City Hall. As opportunities become available, the City will consider directing resources to assist home rehabilitation and refer property owners to assistance programs.

Throughout the planning
period
The City's code enforcement staff has and will continue to enforce property maintenance standards, including the enforcement of health and safety provisions.

Conservation of Existing and
Future Affordable Units
Annually, the City will monitor the status, notify
residents of potential conversion to market rate housing, and pursue options to preserve the units.

Throughout the planning
period
Planning staff has and will continue to monitor the affordable units. In 2022, the City did not receive any notices for potential conversions.

Streamlined Residential
Permit Processing
Minimize permit processing time to reduce development
costs for affordable housing.

Throughout the planning
period
In 2022, City staff implemented the Enterprise Land Management software system which helps to reduce processing times for entitlements and building permits. Additionally, Planning staff will work diligently on affordable housing projects when proposed.

Housing for Persons with
Special Needs
Encourage the provision of transitional/supportive
housing, emergency shelters, and low barrier navigation centers and agricultural employee housing consistent
with State law.

Code amendments by
October 2022
The City will continue to monitor changes to State laws as necessary to ensure ongoing conformance. An amendment to the Zoning Code will be processed in compliance with State requirements.

Accessory Dwelling Units 5 ADUs during the planning period Code amendments by October 2022
The City will continue to monitor changes to State ADU law and update regulations as necessary to ensure ongoing conformance. The City will continue to encourage ADU production through targeted public information and identification of a designated planner to provide assistance to ADU applicants.

Affirmatively Furthering Fair
Housing
Continue to support fair housing services in Aliso Viejo by advertising fair housing services on the City website and at the public counter at City Hall, library, post office, and other community locations. Continue to implement
administrative procedures set forth in Municipal Code
Chapter 15.66 to ensure reasonable accommodation in
housing for persons with disabilities. Continue to
implement actions to affirmatively further fair housing as described in the 2020-2024 Orange County Analysis of
Impediments to Fair Housing Choice.

Throughout the planning
period
Through the Fair Housing Foundation, the City continues to conduct landlord education campaigns to educate property owners about State law prohibiting discrimination based on household income. City staff continues to attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.

Encourage Energy
Conservation
Encourage energy conservation Throughout the planning
period
In 2014 a zoning code amendment creating AVMC 15.68 Green Building Program became effective to encourage energy conservation. The amendment included the implementation of a fee reduction for energy conserving permits and a solar education program. In November 2022, the City adopted the 2022 Building Codes which took effect on January 1, 2023 and furthers “green” building standards.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
General Comments
118
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
119
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
120
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
121
Jurisdiction Aliso Viejo
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
122
Jurisdiction Aliso Viejo Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 123
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date Notes
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Notes
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020
124
Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
125
Jurisdiction Aliso Viejo
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 0 0
2 to 4 0 0 0
5+ 0 0 0
ADU 0 0 0
MH 0 0 0
Total 0 0 0
0 0
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
126
Jurisdiction Aliso Viejo
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Preliminary Analysis $4,800.00 $4,800.00 None
Housing Element Analysis and Prep $40,040.00 $37,035.00 None Public Meetings/Hearings $16,800.00 $1,650.00 None
CEQA Review $40,000.00 $3,900.00 None
Zoning Amendments $10,000.00 $2,700.00 None
Contigency (10%) $9,014.00 $0.00 None
Objective Design Standards $29,346.00 $0.00 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
In Progress
In Progress
In Progress
In Progress

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
150,000.00$
Task Status
Completed
Completed
127
City of Aliso Viejo

AGENDA ITEM
DATE: March 15, 2023
TO: Mayor and City Council
FROM: Scott C. Smith, City Attorney
SUBJECT: RESOLUTION OF INTENTION REGARDING TRANSITION TO DISTRICT-

BASED ELECTIONS
Recommended Action:

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ALISO VIEJO, CALIFORNIA DECLARING ITS INTENTION TO TRANSITION FROM AT-

LARGE TO BY-DISTRICT ELECTIONS AND FINDING THIS TRANSITION EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(b)(3), 15320, AND 15378(b)(5).

Fiscal Impact:

If the Council adopts the attached Resolution of Intention, an expert demographer will be needed to prepare the maps. That cost will be approximately $31,217. In addition, if the City transitions to by-district elections voluntarily and within the law’s “safe harbor” provision, the City will be responsible for the claimant’s attorney’s fees and costs not to exceed $37,582.

If the City decides not to move forward with the transition to by-district elections and a CVRA lawsuit is filed against the City, the financial impact could be exponentially greater.

Background:

The City of Aliso Viejo currently elects its five-member City Council through an “at-large” election system in which each Councilmember may reside anywhere in the City, and each member is elected by voters Citywide to provide Citywide representation. This is in contrast to a “by-district” election system where the City is divided into geographical districts, each Council candidate must reside in the district they will represent, and only voters within a given district vote for that district’s Councilmember.

On January 31, 2023, the City received a letter from Kevin Shenkman of Shenkman & Hughes on behalf of the Southwest Voter Registration Education Project and its Aliso Viejo members. The letter claims the City’s at-large voting system dilutes the ability of 128

Latino voters to elect candidates of their choice or to otherwise influence the outcome of City elections. As a result, Mr. Shenkman claims, the City’s at-large elections violate the California Voting Rights Act (“CVRA”). This letter is sent as a prerequisite to any lawsuit claiming CVRA violations.

This report provides background on the CVRA and the City’s options to respond to the demand letter.

Discussion:

The CVRA
The CVRA (California Elections Code sections 14025 – 14032) became law in 2003. Like the federal Voting Rights Act of 1965, the CVRA’s stated purpose is to prevent the disenfranchisement of protected classes. A protected class is a class of voters who are members of a race, color, or language minority group (collectively referred to herein as “minority voters.”). With the passage of the CVRA, it became easier for citizens to sue cities and other agencies with governing boards elected “at-large” elections with a showing that minority voters are being diluted by the (presumably White) majority of voters.

Presumptions in the CVRA weigh heavily on the side of plaintiffs. To prove a violation, plaintiffs must demonstrate “racially polarized voting” and “vote dilution.” Racially polarized voting occurs when there is a difference between voting choices in a protected class and voting choices in the rest of the electorate. “Vote dilution” occurs when the votes of the protected class members are outweighed or “diluted” by the votes of the (presumably White) majority of the electorate. This difference can be demonstrated merely by a review of voting patterns showing that the protected class votes differently from the majority and is unable to elect the candidates of their choice or to influence elections for any candidate or ballot measure.

The CVRA does not mandate the abolition of at-large election systems, but makes the use of at-large election systems more susceptible to legal challenge. The most common legal remedy for an alleged CVRA violation is a writ of mandate requiring the conversion from at-large to by-district elections.

Unlike the federal Voting Rights Act, the CVRA does not require the plaintiff to establish discriminatory intent, historical discrimination, or that minority voters live in a geographically compact area of the City. This was written into the law to make the burden of proving a violation easier for plaintiffs. Further, the CVRA allows successful plaintiffs to recover reasonable attorney’s fees and litigation costs (which include expert witness fees).

In light of the CVRA’s low burden of proof, many public agencies throughout California have faced challenges to their at-large election systems, each beginning with demand letters similar to the one the City received. We know of no public agency that has 129

successfully defended a CVRA lawsuit. The lawsuits are very labor-intensive, so judgements and settlements in excess of $100,000 are common. The largest settlement so far has been the City of Palmdale, which settled its ongoing litigation for $4.7 million.

The City of Modesto settled for $3 million, and the cities of Highland, Anaheim, and Whittier all settled for approximately $1 million. The City of Santa Monica is currently defending a similar lawsuit now before the California Supreme Court, with stakes for attorney’s fees reportedly now exceeding $30 million. Mr. Shenkman represents the Plaintiffs in that case.

Because of the low burden of proof for plaintiffs, the low probability of litigation success, and the potential for being required to pay plaintiffs’ attorneys fees, a large majority of agencies have voluntarily changed from at-large elections to district-based elections rather than engage in potentially expensive and futile litigation.

The California Legislature included a “safe harbor” from expensive lawsuits and settlements in Elections Code Section 10010 which provides a procedure to transition to district-based elections and a cap of fees where that procedure is invoked. Where these procedures are followed, prospective plaintiffs are barred from filing a CVRA lawsuit and their attorney’s fees and costs are capped at $37,582.

Procedure to Transition to By-District Elections
Deciding to go to by-district elections through the “safe harbor” provision triggers a very short and aggressive timeline. The timeline to transition is as follows:
(1) Receive a Demand Letter and Response Period.

Once the prospective plaintiffs have sent a demand letter, as Mr. Shenkman has done here, the prospective plaintiffs cannot sue the City for at least 45 days from the City’s receipt of the written notice. And, as noted below, if the City adopts the Resolution of Intention this evening, the prospective plaintiffs cannot sue for at least another 90 days, giving the City time to transition to by-district elections.

It is noted that the 45th day from January 31, 2022 (the date Mr. Shenkman’s letter was received) is Friday, March 17, 2023.
(2) Resolution of Intention.

Once a city council adopts a resolution outlining its intention to transition from an at- large to a district-based election, discussing the steps it will undertake to facilitate the transition, and providing an estimated time frame, the prospective plaintiff is barred from suing for at least 90 days from the date of the resolution’s adoption. This deadline has been extended in this matter by stipulation to June 30, 2023. 130

(3) Public Hearings Prior to Drawing of District Map.

Before adopting district-based elections, the City must first prepare a draft map or maps. However, before drawing a map, the City must hold at least two public hearings over a period of no more than 30 days. The public must be invited to provide input regarding the districts’ boundaries and composition.
(4) District Map Drawing.

An expert is then required to prepare a proposed map or maps. Each district must be nearly equal in total population, using the data from the most recent census. The districts must be prepared in compliance with specific State and federal requirements, including consideration of contiguity, compactness, communities of interest and natural geographic boundaries.

The drawing of districts must be done carefully to ensure that minority votes are not diluted. Dilution may occur through “cracking,” which occurs when the minority community is fragmented across several districts to prevent the minority community from gaining a majority. Dilution may also occur through “packing,” which occurs when a minority community is concentrated into one or two districts where their votes would cause preferred candidates to win by an overwhelming majority. (5) Timing and Sequence of Elections.

The Council would also need to establish the timing and sequence of district elections.

The change to district boundaries will not affect the current at-large terms of any incumbents. Following the first election with the new district map, the Council would be comprised of approximately half of its members elected by-district and approximately half of its members elected at-large.
(6) Public Hearings for Map Consideration.

After the draft maps have been prepared, the City must publish and make them available to the public. The City must also show the staggered terms of office and the potential sequence of the elections. The Council must then hold at least two additional public hearings over a period of no more than 45 days during which the public will be invited to provide input regarding the draft maps and sequence of elections. The first draft map must be published at least seven days before it is considered at a public hearing. If the map is revised at or during a hearing, it must be published again and made available to the public for at least seven days before being adopted. (7) Map Adoption.

The Council, after selecting a map and choosing the timing and sequence of the election, would then adopt an enactment providing for district elections, approve the map, and begin implementing district elections.
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(8) Attorney’s Fees.

Should the Council ultimately adopt an enactment establishing district-based elections by June 30, 2023, the claimant will be barred from filing a CVRA lawsuit against the City. He may, within 30 days of the final adoption, demand reimbursement for the cost of the work product generated to support the notice. His demand must be made in writing and must be substantiated with financial documentation. The City must reimburse claimant within 45 days of the written demand. The amount may not exceed approximately $37,582.

Action Options
(1) Proposed Resolution of Intention
If the Council opts to act within the “safe harbor” provisions described above, it should adopt the attached resolution of intention at this meeting. This commences the transition process, stays any potential CVRA lawsuit, and gives the Council time to complete the process.
(2) Alternative
Alternatively, the Council could choose to reject this CVRA demand and defend a CVRA lawsuit if one is filed. The City would bear its own defense costs and face exposure to the plaintiff’s fees, which would likely be significant.

City Attorney:

This report was drafted and submit by the City Attorney.

Attachments:

1. Resolution of Intention

2. Shenkman and Hughes letter received January 31, 2023

3. Transition schedule
60367.00001\41083509.1
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RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, DECLARING ITS INTENTION TO TRANSITION

FROM AT-LARGE TO BY-DISTRICT ELECTIONS AND FINDING THIS

TRANSITION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15061(b)(3), 15320, AND 15378(b)(5)
WHEREAS, the City Council of the City of Aliso Viejo is an elected legislative and deliberative public body serving the citizens of the City of Aliso Viejo, a California general law city; and
WHEREAS, the Mayor and members of the City Council are elected in November of even- numbered years (November, 2024, 2026, 2028 etc.); and
WHEREAS, the City presently has an at-large election system (where the entire City votes for each member of the City Council) rather than a by-district election system (where the jurisdiction is divided into districts, each Council candidate must reside in the district he or she will represent, and only voters within a given district vote for that district’s Councilmember); and
WHEREAS, California Elections Code Sections 10010 and 10650 permit a city council to adopt a resolution to change its method of elections from an “at-large” system to a “district-based” system in which each member of the city council is elected only by the voters in the voting district in which the candidate resides; and WHEREAS, California Elections Code Section 10010 provides the process for initiating a transition to district-based elections; and
WHEREAS, the California Voting Rights Act (“CVRA”) favors district-based elections over at-large; and
WHEREAS, the City received a letter on or about January 31, 2023 from Attorney Kevin Shenkman on behalf of the Southwest Voter Registration Education Project and its Aliso Viejo members (“Prospective Plaintiff”), asserting that Aliso Viejo’s present at-large election system violates the CVRA; and
WHEREAS, the CVRA (1) provides that violations of the CVRA may be established by a showing that racially polarized voting occurs in at-large elections and (2) presumes that such showing establishes an impairment of a protected class’s ability to elect candidates of its choice or to influence the outcome of elections; and WHEREAS, under the CVRA, “racially polarized voting” means voting in which the voting patterns of voters in a protected class differ from the patterns of other voters; and 133

WHEREAS, the City Council desires to take all steps necessary to address any racially polarized voting in the City and to otherwise further the purposes of the CVRA; and WHEREAS, Prospective Plaintiff may commence litigation to compel district-based elections unless the City Council adopts a resolution of intention to transition to district- based elections on a timely basis, and the Council desires to avoid the significant costs of that litigation on its citizenry; and
WHEREAS, Prospective Plaintiff’s demand for attorney’s fees for bringing this demand are restricted under Elections Code Subsection 10010(f) if the City converts to at-large elections; and
WHEREAS, the adoption of a district-based system will not affect the terms of any sitting Councilmember; and
WHEREAS, the City Council has determined that public policy favors instituting district- based elections, and the public interest would therefore be served by the Council’s adoption of this Resolution of Intention and initiating the process of transitioning to district- based elections; and
WHEREAS, the City Council desires to declare its intention to act pursuant to Government Code section 34886 and Elections Code section 10010 to transition from at- large to district-based elections for the next general municipal election, to establish specific steps it will undertake to facilitate this transition, and to establish an estimated time frame for doing so.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO DOES RESOLVE AS FOLLOWS:

Section 1. Incorporation of Recitals. The City Council finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that a transition from at-large to district-based elections is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3).

Adoption of this Resolution is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event adoption of this Resolution does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, 134

execute and file with the Orange County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Resolution.

Section 3. Intention to Transition to District-Based Election System. Prior to the November 2024 General Municipal Election, the City Council intends to adopt an enactment, pursuant to Government Code section 34886 to transition the election of its City Councilmembers from an at-large electoral system to a district-based system.

Section 4. Instructions Related to Transition. Following the effective date of this Resolution, taking into consideration the time required for public outreach and input, and the timeframes established by the California Elections Code, the following actions shall be taken by the City and the City Council in accordance with Elections Code section 10010(a):
(i) Conduct public outreach, including to non-English-speaking communities, to explain the districting process and to encourage public participation; (ii) Before drawing a draft map or maps of the proposed district boundaries, hold at least two public hearings at which the public is invited to provide input regarding the composition of the districts and to consider district boundaries as provided in Elections Code Section 10010;
(iii) After drawing a draft map or maps, publish the draft map(s) and the potential sequence of the district elections, and hold at least two public hearings at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections; and
(iv) Hold a public hearing at which the City Council will consider and adopt an enactment establishing district elections, including the adoption of a district boundary map and the sequence of the district elections.

Section 5. Severability. If any provision or clause of this Resolution is held invalid, unconstitutional, or otherwise repealed by act of law, such invalidity shall not affect any other provisions or clauses of the same which can be given effect without the invalid provision, clause, or application. To this end, the provisions and clauses of this Resolution hereto are declared to be severable.

Section 6. Effective Date. This Resolution shall take effect immediately upon adoption.

Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this 15th day of March, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 136

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 the foregoing is the original of Resolution No. 2023-__ 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)
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Scott C. Smith
(949) 263-6561
[email protected]
60367.00001\41065528.1 18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972
BBKLAW.COM
Memorandum
To: Honorable Mayor and City Council
From: Scott C. Smith
Date: March 1, 2023
Re: Draft Districting Timeline
 January 31, 2023 - letter received prompting 45-day deadline (March 17, 2023)  Wednesday, March 15, 2023 - Council adopt resolution to proceed with process to change to by-district elections
o June 13, 2023 - 90-day deadline if resolution is adopted on March 15, 2023; extension granted to June 30, 2023
 Wednesday, April 5, 2023 - Public Hearing, Center for Demographic Research (CDR) to present Existing Conditions report and public participation kit; announce districting website; open map submission period; and solicit comments [Public Hearing #1 before maps are drawn]
 Wednesday, April 19, 2023 - Public Hearing to solicit comments on districting process [Public Hearing #2 before maps are drawn]
 Thursday, April 20, 2023 5:00 PM - Close of public map submission period  Wednesday, April 26, 2023 -Post submitted maps 7 days prior to meeting  Wednesday, May 3, 2023 - Public Hearing, CDR Presentation of submitted maps, possible revision directions (first Public Hearing with maps);  Wednesday, May 10, 2023 - Post any revised maps 7 days prior to meeting  Wednesday, May 17, 2023 - Public Hearing for consideration of maps, possible revision directions (second Public Hearing with maps; first possible meeting to adopt map)
 Wednesday, May 31, 2023 - Post any revised maps 7 days prior to meeting  Wednesday, June 7, 2023 - Public Hearing for consideration of maps and revised maps with map selection and enactment to implement district boundaries (third Public Hearing with maps)
 Wednesday, June 21, 2023 - If needed, final meeting to select map and/or adopt enactment to implement district boundaries.
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