1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, OCTOBER 4, 2023
6:30 PM CLOSED SESSION
7:00 PM REGULAR MEETING
City Hall
Council Chambers
12 Journey
Aliso Viejo, CA
Mayor Richard W. Hurt
Mayor Pro Tem Mike Munzing
Councilmember Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan
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 Chamber s. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.
It is the City’s intention to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102- 35.104 ADA Title II] Please contact the City 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 LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) 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
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1. FEATURED BUSINESS OF THE MONTH - PEDIATRIC DENTISTRY Certificate of Recognition
1.2. PROCLAMATION – FIRE PREVENTION WEEK
Proclamation
1.3. MOULTON NIGUEL WATER DISTRICT PRESENTATION REGARDING PROJECT &
DISTRICT UPDATES
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 discussi on 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: Approve the Minutes as submitted for the September 6, 2023 Special Meeting and September 6, 2023 Regular Meeting.
Draft Minutes - September 6, 2023 Special Meeting
Draft Minutes - September 6, 2023 Regular Meeting
4.3. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between August 18 and September 14, 2023, in the amount of $1,341,486.05.
Staff Report
Attachment 1 - Accounts Payable Report
4.4. TREASURER’S STATEMENT – AUGUST 2023
Recommended Action: Receive and file the August 2023 Treasurer’s Statement.
Staff Report
Attachment 1 - August 2023 Treasurer’s Statement
4.5. COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (GLENWOOD AT ALISO VIEJO)
LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABI LITY ACT COMPLIANCE (SB 165) REPORT FOR FISCAL YEAR ENDED JUNE 30, 2023
Recommended Action: For City Council to accept and file the Community Facilities District No. 2005 -01 (Glenwood at Aliso Viejo) Local Agency Special Tax and Bond Accountability Act Compliance (“SB 165”) Report for Fiscal Year June 30, 2023.
Staff Report
Attachment 1 – SB 165 Report
4 4.6. AWARD CONTRACT TO NIEVES LANDSCAPE, INC. FOR THE CITY HALL
LANDSCAPE AND IRRIGATION IMPROVEMENT PROJECT
Recommended Action:
1. Approve Contract Documents, Specifications, and Plans for the City Hall Landscape and Irrigation Improvement Project;
2. Award a contract in the amount of $157,314 to Nieves Landscape, Inc. as the lowest responsible bidder for the City Hall Landscape and Irrigation Improvement Project;
3. Authorize the City Manager to execute a contract with Nieves Landscape, Inc.;
4. Authorize C ity staff to make total compensation to Nieves Landscape, Inc. up to $157,314 plus $31,462.80 (20% of the contract amount) to allow for contingencies, totaling $188,776.80; and
5. Declare this project categorically exempt from the California Environmental Quality Act (CEQA) process Per Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301 (Class 1: Existing Facilities).
Staff Report
Attachment 1 - Contract
Attachment 2 - Submitted Bid
4.7. RELEASE OF BONDS FOR THE GRADING AND LANDSCAPING IMPROVEMENTS FOR THE 15 -25 ENTERPRISE GRADING AND LANDSCAPING CONSTRUCTION
PROJECT
Recommended Action: Adopt a Resolution exonerating Grading Surety Bond No.
SU1190293 and Landscaping Surety Bond No. SU1190294 for the 15- 25 Enterprise Grading and Landscaping Construction Project.
Staff Report
Attachment 1 - Resolution
4.8. CALRECYCLE RESOLUTION FOR GRANT FUNDING
Recommended Action: Adopt a Resolution authorizing submittal of applications for all CalRecycle grants and payment programs for which the City of Aliso Viejo is eligible.
Staff Report
Attachment 1 - Resolution
4.9. ADOPTION OF THE 2022 -2023 CONSOLIDATED ANNUAL PERFORMANC E AND
EVALUATION REPORT (CAPER) FOR EXPENDITURES OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
Recommended Action:
1. Find that the 2022- 2023 Consolidated Annual Performance and Evaluation Report (CAPER) is not subject to the California Environmental Quality Act (CEQA) because the activity is not a project as defined in Section 15378 (b)(5) of the State CEQA Guidelines;
2. Approve and adopt the 2022-2023 CAPER; and
3. Authorize the City Manager to submit the CAPER to the United States Department of Housing and Urban Development (HUD) and authorize the City Manager to submit all related documents.
Staff Report
Attachment 1 - 2022-23 CAPER
5 5. PUBLIC HEARINGS:
None.
6. DISCUSSION:
6.1. COMMUNITIES FACILITIES DISTRICT NO. 2005 -01 (GLENWOOD AT ALISO VIEJO) – 2023 SPECIAL TAX REFUNDING BONDS
Recommended Action:
1. Adopt a Resolution authorizing the 2023 special tax refunding bonds of the Community Facilities District 2005 -01 (Glenwood at Aliso Viejo), approving the form Fiscal Agent Agreement, authorizing negotiation of terms of the sale of bonds, approving a Preliminary Official Statement, authorizing preparation of a Final Official Statement; and approving other related documents and actions; and
2. Authorize the City Manager to execute necessary documents for the refinancing of the bonds.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Fiscal Agent Agreement
Attachment 3 - Preliminary Official Statement
Attachment 4 - Bond Purchase Agreement
Attachment 5 - Irrevocable Refunding Instructions
Attachment 6 - Presentation
6.2. EMPLOYEE HEALTH BENEFIT ALLOWANCE
Recommended Action: Adopt a Resolution approving an increase to the employee health benefit allowance based on a tiered system determined by number of dependents, effective January 1, 2024.
Staff Report
Attachment 1 - Resolution
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is October 18, 2023.