1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, SEPTEMBER 06, 2023
6:00 PM CLOSED SESSION
7:00 PM REGULAR MEETING
FOLLOWED BY PUBLIC FACILITIES CORPORATION MEETING*
City Hall
Council Chambers
12 Journey
Aliso Viejo, CA
Mayor Richard W. Hurt
Mayor Pro Tem Mike Munzing
Councilmember Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan
WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Coun cil proceedings are recorded.
It is the City’s intention to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425-2505 at least 48 hours prior to the meeting.
Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to 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
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
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) Number of Potential Cases: 1
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1. PROCLAMATION – 2023 HUNGER ACTION MONTH
Proclamation
1.2. PROCLAMATION – NATIONAL PREPAREDNESS MONTH
Proclamation
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3 3. COMMUNITY INPUT:
Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed. Comments are limited to three (3) minutes per speaker.
4. CONSENT CALENDAR:
All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.
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: A pprove the Minutes as submitted for the August 16, 2023 Special Meeting and August 16, 2023 Regular Meeting.
Draft Minutes - August 16, 2023 Special Meeting
Draft Minutes - August 16, 2023 Regular Meeting
4.3. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between August 4 and August 17, 2023, in the amount of $1,361,964.06.
Staff Report
Attachment 1 - Accounts Payable Report
4.4. TREASURER’S STATEMENT – JULY 2023
Recommended Action: Receive and file the July 2023 Treasurer’s Statement.
Staff Report
Attachment 1 – July 2023 Treasurer’s Statement
4.5. AGREEMENT WITH NV5, INC. FOR ON-CALL CIVIL ENGINEERING SERVICES Recommended Action:
1. Approve a 3- year agreement with NV5, Inc. to perform on- call civil engineering services; and
2. Authorize the City Manager to execute a professional services agreement with NV5, Inc. for an amount of $50,000.
Staff Report
Attachment 1 - Agreement
4 4.6. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH RDA,
LLC TO PROVIDE PLANNING CONSULTANT SERVICES
Recommended Action: Approve and authorize the City Manager to execute a second amendment to the Professional Services Agreement with RDA, LLA to increase the total compensation by $65,000.
Staff Report
Attachment 1 - Original Agreement
Attachment 2 - Second Amendment
Attachment 3 - Preliminary Parking Analysis
Attachment 4 - Financial Feasibility Study
Attachment 5 - Presentation Outline
5. PUBLIC HEARINGS:
5.1. PUBLIC HEARING REGARDING CONSIDERATION OF THE OPERATING COVENANT
AGREEMENT WITH HUNT AND SONS, LLC, AND THE RELATED ECONOMIC
SUBSIDY REPORT
Recommended Action:
1. Open and conduct a public hearing;
2. Declare that this project is exempt from the California Environmental Quality Act CEQA) under Section 15378(b)(4) because the Covenant Agreement involves the creation of a government funding mechanism, or other fiscal activity, that does not involve any commitment to any specific project which may re sult in a direct or indirect physical change in the environment;
3. Adopt the Resolution approving the acceptance of the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083 regarding an operating covenant agreement by and between the City of Aliso Viejo and Hunt and Sons, LLC, and approving the operating covenant agreement between the City of Aliso Viejo and Hunt and Sons, LLC and making related findings;
4. Authorize the Director of Financial Services to appropriate $880, 000 to the fiscal year 2023-24 budget for subsidy payments to Hunt and Sons, LLC; and
5. Authorize the City Manager to execute all related documents.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Operating Covenant Agreement
Attachment 3 - Economic Development Subsidy Report
5.2. TIME EXTENSION REQUEST FOR A SITE DEVELOPMENT PERMIT AND EXTENSION PERMIT AT 6 POLARIS WAY
Recommended Action: Approve, via Minute Order, a time extension request to extend the validity of a Site Development Permit and Extension Permit for the constructio n of a 42,400 square foot, two -story general office building and a 423 space, 4½ level parking structure with a 7.6% parking reduction at 6 Polaris Way (PA15-030).
Staff Report
Attachment 1 - Time Extension Request Letter
Attachment 2 - Project Plans
5 5.3. A REQUEST TO INCREASE THE NUMBER OF DINING ROOM SEATS IN AN EXISTING RESTAURANT LOCATED AT 22912 PACIFIC PARK DRIVE, SUITE B (TACOS DE
BIRRIA ESTILO GUADALAJARA)
Recommended Action: Adopt a Resolution approving a Conditional Use Permit to increase the number of seats to 40 in an existing restaurant located at 22912 Pacific Park Drive, Suite B (CUP-2023-00012).
Staff Report
Attachment 1 - Resolution
Attachment 2 - Applicant Letter
Attachment 3 - Project Plans
Attachment 4 - Presentation
6. DISCUSSION:
None.
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
Adjourn to October 4, 2023. The regularly scheduled City Council meeting of September 20, 2023 has been cancelled.
*Aliso Viejo Public Facilities Corporation (PFC) Board of Directors Annual Meeting to be held immediately following City Council Regular Meeting. (Please refer to September 6, 2023 PFC Agenda.)