Aliso Viejo City Council
May 4, 2022

1 AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, MAY 04, 2022
7:00 PM REGULAR MEETING

City Hall
Council Chambers
12 Journey
Aliso Viejo, CA

Mayor Ross Chun
Mayor Pro Tem Richard W. Hurt
Councilmember Tiffany Ackley
Councilmember David C. Harrington
Councilmember Mike Munzing

SPECIAL NOTICE REGARDING COVID-19

On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 16, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom, to allow for the City Council to attend City Council meetings telephonically and for the public to participate in the City Council meeting by electronic means.

Given the health risks associated with COVID-19, state and local officials are recommending measures to promote social distancing; therefore, the City of Aliso Viejo will not have the Council Chambers open to the public for this meeting. Members of the public may access the meeting live using any of the following sources:

• Cox Communications Channel 851
• AT&T U-Verse Channel 99
• Online at www.avcity.org
• Online at https://attendee.gotowebinar.com/register/4034205342036439311

Public comments may be submitted by calling (949) 425-2509 to leave a recorded message by 4:00 pm on the day of the meeting or via email to [email protected]. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature:
https://attendee.gotowebinar.com/register/4034205342036439311. Comments are limited to three minutes each.

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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 m atter 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 comm unications 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 Pub lic Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk’s office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.

This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.

DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ

CITY MANAGER CITY ATTORNEY CITY CLERK

PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER: CONVENE REGULAR MEETING

ROLL CALL

PLEDGE OF ALLEGIANCE:

1. SPECIAL PRESENTATIONS:

1.1. PROCLAMATION - MENTAL HEALTH AWARENESS MONTH
Proclamation

1.2. PROCLAMATION - HARVEY MILK DAY
Proclamation

1.3. PROCLAMATION - DROWNING PREVENTION AWARENESS
Proclamation
2 3

1.4. TRUSTED PARTNER RECO GNITIONS - ORANGE COUNTY FIRE AUTHORITY AND

ORANGE COUNTY SHERIFF'S DEPARTMENT
Certificate of Recognition - OCFA
Certificate of Recognition - OCSD

1.5. INTRODUCTION OF FINANCIAL SERVICES DIRECTOR ANN EIFERT

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

3. COMMUNITY INPUT:

Members of the public wishing to address the City Council can submit public comments by calling (949) 425- 2509 to leave a recorded by 4:00 pm on the day of the meeting or via email to [email protected]. Written comments will be read into the record and recorded messages will be aired during the meeting. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature:
https://attendee.gotowebinar.com/register/4034205342036439311. Comments are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed.

4. CONSENT CALENDAR:

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

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

4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL C ITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

Staff Report
Attachment 1 - Resolution No. 2021-27

4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the April 20, 2022 Special Meeting and the April 20, 2022 Regular Meeting.

Draft Minutes - April 20, 2022 Special Meeting
Draft Minutes - April 20, 2022 Regular Meeting
3 4

4.4. SECOND READING AND ADOPTION OF AN ORDINANCE RELATING TO URBAN LOT

SPLITS AND OUTDOOR DINING
Recommended Action: Conduct second reading and adopt Ordinance entitled: AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTIONS 14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND AMENDING SECTION 15.22.190 OUTDOOR DINING AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

Staff Report
Attachment 1 - Ordinance

4.5. SECOND READING AND ADOPTION OF AN ORDINANCE RELATING TO

AFFORDABLE HOUSING UNIT REPORTING
Recommended Action: Conduct second reading and adopt Ordinance entitled: AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING CHAPTER 3.18 TO THE ALISO VIEJO MUNICIPAL CODE REGARDING

AFFORDABLE HOUSING UNIT REPOR TING AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Staff Report
Attachment 1 - Ordinance

4.6. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued April 14, 2022, in the amount of $1,010,104.82.

Staff Report
Attachment 1 - Accounts Payable Report

4.7. PROFESSIONAL SERVICES AGREEMENT FOR OUT-OF-SCHOOL TIME PROGRAMS

WITH THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY
Recommended Action: Approve and authorize the City Manager to execute a Professional Services Agreement with the Boys and Girls Clubs of Capistrano Valley for out-of-school time programs.

Staff Report
Attachment 1 - Agreement

4.8. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WESTAMERICA COMMUNICATIONS, INC. FOR PRINTING SERVICES
Recommended Action: Approve and authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Westamerica Communications, Inc. for printing services for the “Aliso Viejo Community Connection” quarterly brochure.

Staff Report
Attachment 1 - Agreement Amendment

4.9. PROFESSIONAL SERVICES AGREEMENT WITH CABCO YELLOW, INC. FOR

SENIOR TRANSPORTATION SERVICES
Recommended Action: Approve and authorize the City Manager to execute the Professional Services Agreement with Cabco Yellow, Inc., DBA California Yellow Cab for senior transportation services under the Senior Mobility Program. 4 5
Staff Report
Attachment 1 - Agreement

4.10. PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL JUE FOR GRAPHIC

DESIGN SERVICES
Recommended Action: Approve and authorize the City Manager to execute a Professional Services Agreement with Michael Jue for graphic design services.

Staff Report
Attachment 1 - Agreement

4.11. CONTRACT AWARD TO CT CONSTRUCTION SERVICES, INC. FOR INSTALLATION

OF CONCRETE SOUND BARRIER AT ALISO VIEJO FARM
Recommended Action:

1. Award a contract in the amount of $83,237.42 to CT Construction Services, Inc. for the Sound Barrier Wall project;

2. Authorize the City Manager to execute a contract with CT Construction Services, Inc.;

3. Authorize City staff to make total compensation to CT Construction Services, Inc. up to $83,237.42 plus $8,324 (10% of the contract amount) to allow for contingencies, totaling $91,561.42; and

4. Appropriate $55,000 from General Fund Reserves.

Staff Report
Attachment 1 - Contract

5. PUBLIC HEARINGS:

5.1. ADOPTION OF THE FISCAL YEAR 2022 -2023 ANNUAL ACTION PLAN FOR

EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Recommended Action:

1. Conduct a public hearing;

2. Declare the City Council finds the FY 2022-2023 Annual Action Plan is not subject to the California Environmental Quality Act (CEQA) as the activity is not a project defined in Section 15378(b)(5) of the state CEQA Guidelines;

3. Approve and adopt the F Y 2022-2023 Annual Action Plan for the use of Community Development Block Grant (CDBG) funds;

4. Authorize the City Manager to submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD), which executes the HUD contract, and authorize the City Manager to submit all related documents with the implementation of the Action Plan.

Staff Report
Attachment 1 - Annual Action Plan
Attachment 2 - Presentation

6. DISCUSSION:

5 6

6.1. AMENDMENT TO CITY’S PUBLIC AGENCY RETIREMENT SYSTEM (PARS) DEFINED

CONTRIBUTION PLAN TO COMPLY WITH INTERNAL REVENUE SERVICE (IRS)

REGULATIONS
Recommended Action: Adopt a Resolution approving an amendment to the City’s PARS Plan to:

1. Conform the contribution rate to the City Council’s intent at the time the plan was adopted;

2. Correct Schedule A regarding employee contributions to the Plan; and

3. Eliminate Tier II of the Plan disallowing any future contributions.

Staff Report
Attachment 1 - Resolution and Amendment
Attachment 2 - Amendment w/ Schedule A

7. C ITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

Adjourn to June 1, 2022. The regularly scheduled City Council meeting of May 18, 2022 has been cancelled.
6 Proclamation
Mental Health Awareness Month
May 2022

WHEREAS, the month of May has been declared National Mental Health Awareness Month; and

WHEREAS, according to the U.S . Surgeon General, mental health is fundamental to health and indispensable t o per sonal wel l-being, family, and interpersonal relationships; and

WHEREAS, one in five Americans will face mental health chal lenges in a given year, regardless of age, gender, race, ethnicity, religion, or economic status; and

WHEREAS, there are widespread misunderstandings and discrimination concerning mental health that can be eliminated by recognizing that mental health challenges are real, common, and treatable; and

WHEREAS, National Mental Health Awareness Month is a time for communities to acknowledg e the imp ortance of ment al health and take action to ens ure that individuals facing mental health challenges have access to the care, t reatment, and prevention services they need.

NOW THEREFORE, BE I T RESOLVED, that the Aliso Viejo City Council does hereby proclaim May 2022 as Mental Health Awareness Month in the City of Aliso Viejo.

Dated this 4th day of May, 2022

___________________________
Ross Chun, Mayor
7 Proclamation
Harvey Milk Day – May 22, 2022

WHEREAS, San Francisco Supervisor H arvey Milk is remembered as a prominent figure in the Lesbian, Gay, Bisexual, and Transgender civil rights movement; and

WHEREAS, Harvey Milk was a tireless advocate of f airness for all Americans, whose agenda extended beyond gay rights to encompass support for labor, tenants, and seniors; and

WHEREAS, tragically, Harvey Milk was assassinated on November 27, 1978, sparking a march of an estimated 30,000 people through the streets of San Francisco; and

WHEREAS, Harvey Milk’s example reminds us of the importance of full equality for all, including equal rights in matters of employment, housing, and public accommodation as it pertains to sexual orientation, gender identity, and expressions thereof; and

WHEREAS, the California legislature established Harvey Milk Day in 2009 to honor the life and accomplishments of Harvey Milk; and

WHEREAS, although California has been a leader in advancing the civil rights of its LGBT residents, further progress is still needed.

NOW, THEREFORE BE IT RESOLVED that the Aliso Viejo City Council does hereby proclaim May 22, 2022, as Harvey Milk Day and urges residents to be vigilant in advocating for the rights and dignity of all human beings.

Dated this 4th day of May, 2022

___________________________
Ross Chun, Mayor

8 Proclamation
Drowning Prevention Awareness

WHEREAS, drowning is the leading cause of death and disability in California for children under five years of age; and

WHEREAS, for every child who dies from drowning, another eight receive emergency care for non-fatal submersion injuries; and

WHEREAS, fatal and non-fatal drowning is a silent event , occurring in as little as two inches of water, including inflatable swimming pools , spas, bathtubs , the ocean, and any other body of water; and

WHEREAS, this year’s water safety campaigns “Always Watch the Water” and “Never Swim Alone” give in-depth information to residents on ways to prevent drowning; and

WHEREAS, the initiatives s et forth in the “ABCs of Water Safety ” program will increase public awareness regarding proper procedures to prevent this needless tragedy; and

WHEREAS, the City of Aliso Viejo , in partnership with the Orange County Fire Authority, will be taking this opportunity to increase public awareness about drowning prevention through a diverse community outreach campaign;

NOW, THEREFORE, BE IT RESOLVED, that the Aliso Viejo City Council does hereby proclaim its participation in the “Always Watch the Water ” and “ Never Swim Alone” 2022 campaigns that run from May through August by encouraging all residents, schools, recreational facilities, businesses , and homeowner associations to become partners in preparedness by increasing their knowledge of proper safety measures in drowning prevention.

Dated this 4th day of May, 2022

___________________________
Ross Chun, Mayor
9 Certificate of Recognition
Presented to

ORANGE COUNTY
SHERIFF’S DEPARTMENT

Trusted Partner Supporting the
City of Aliso Viejo

May 2022

Presented this 4th day of May, 2022

Ross Chun, Mayor

10 Certificate of Recognition
Presented to

ORANGE COUNTY FIRE

AUTHORITY

Trusted Partner Supporting the
City of Aliso Viejo

May 2022

Presented this 4th day of May, 2022

Ross Chun, Mayor
11 City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action:

Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

Fiscal Impact:

None.

Background:

Assembly Bill 361 (“AB 361”), effective October 1, 2021, waives certain provisions of the Ralph M. Brown Act and allows legislative bodies to meet virtually until January 1, 2024, provided there is a state of emergency and either:

1. state or local officials have imposed or recommended measures to promote social distancing; or

2. the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

Under AB 361, the City is not required to allow public access at teleconference locations; however, the City must provide access to meetings via a call-in option or internet-based service option so that members of the public may address the City Council in real time.

Additionally, every 30 days the City Council must reconsider the state of emergency and make the determination to continue meeting virtually in accordance with AB 361.

Discussion:

On October 20, 2021, the City Council adopted Resolution No. 2021-27 authorizing virtual City Council meetings under AB 361, having found and determined that (1) a state of emergency related to COVID-19 is currently in effect; (2) state and local officials have 12

recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. At subsequent meetings, the City Council has reconfirmed the findings and extended the resolution pursuant to AB 361.

Staff will agendize this matter for consideration at each City Council meeting until such time as the state of emergency has been terminated or the City Council determines that conditions no longer exist to prevent meeting safely in person.

Staff recommends that the City Council reconfirm the findings in Resolution No. 2021-27 continue to exist and approve the extension of the resolution.

Attachment:

1. Resolution No. 2021-27
13

RESOLUTION NO. 2021-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, AUTHORIZING VIRTUAL CITY COUNCIL
MEETINGS PURSUANT TO ASSEMBLY BILL 361

WHEREAS, the Aliso Viejo City Council (“Council”) is committed to preserving and nurturing public access and participation in meetings of the Council; and

WHEREAS, with the exception of closed sessions, all meetings of the Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend and participate in the Council’s meetings; and

WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor issued a number of executive orders aimed at containing the COVID-19 virus; and

WHEREAS, among other things, these orders wa ived certain requirements of the Brown Act to allow legislative bodies to meet virtually; and

WHEREAS, pursuant to the Governor’s executive orders, the Council has been holding virtual meetings during the pandemic in the interest of protecting the health and safety of the public, staff, and Councilmembers; and

WHEREAS, the Governor’s executive order related to the suspension of certain provisions of the Brown Act expires on September 30, 2021; and

WHEREAS, on September 16, 2021 the Governor signed Assembly Bill 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by ma jority vote that meeting in person would present imminent risks to the health and safety of attendees; and

WHEREAS, such conditions now exist in Orange County, specifically, a state of emergency has been proclaimed related to COVID-19, state and local officials are recommending measures to promote social distancing, and because of the ongoing threat of COVID-19, meeting in person would present imminent risks to the health and safety of attendees;

NOW, THEREFORE, BE IT RESOLVED BY THE ALISO VIEJO CITY COUNCIL AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. 14

Section 2. Remote Teleconference Meetings. Consistent with the provisions of Government Code Section 54953(e), the Council finds and determines that (1) a state ofemergency related to COVID-19 is currently in effect; (2) state and local officials have recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings and determinations, the Council authorizes staff to conduct remote teleconference meetings of the Council under the provisions of Government Code Section 54953(e).

Section 3. Effective Date of Resolution. This Resolution shall take effect upon adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Council in accordance with Section 4 of this Resolution.

Section 4. Extension by Motion. The Council may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3).

PASSED, APPROVED AND ADOPTED this 20th day of October, 2021.

Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:

Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
Mitzziiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Ortiz,z,z,z,,z,z,z,z,,zz,zz,,,z,,z,,zz,,z,zz,,zz,z,zzzzz,z,,z,zzzz,,,zz,,,z,z,, MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMC City Clerk
15

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No. 2021-27 was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of October 2021, by the following roll call vote, to wit:

AYES: Mayor Ackley, Mayor Pro Tem Chun, Councilmembers Harrington, Hurt and Munzing
NOES: None
ABSENT: None

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)

MITZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZI ORTITITITITTITITTITITITITIITIITITITTITITITTITTITITITITTTITTITITITITTITITTTTTTITITITTTTITIITITITITITTTITITITTTITITITITTTTTITITTTTTTITTITTIITITTTITIITITITTIITTTITIITIITIIITTIITTITITIITTTTTTTITTTTTTTITITTTTTTTITTTTTTTTTTTTTTTTTTTTTTTTT ZZZ,ZZZZZZZZZZZZZZZZZZZZZ MMC

CITY CLERK
16

Special Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
April 20, 2022, 6:00 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.

CALL TO ORDER: Mayor Chun called the Special Meeting of the City Council of the City of Aliso Viejo to order 6:05 p.m.

ROLL CALL:

PRESENT: MAYOR ROSS CHUN (via teleconference)
MAYOR PRO TEM RICHARD HURT (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER DAVID C. HARRINGTON (via teleconference)
COUNCILMEMBER MIKE MUNZING (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY

MITZI ORTIZ, CITY CLERK

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. SCOTT MERRILL, CHIEF OF POLICE SERVICES
STUDY SESSION:

BICYCLE TRACKS OVERVIEW
City Manager David Doyle introduced Public Works Director Shaun Pelletier. Mr.

Pelletier provided a brief overview and introduced Carlos Ortiz (ADVANTEC Consulting Engineers, Inc.) who provided additional information on bicycle fa cilities and cycle tracks. Staff and consultant responded to questions regarding e-bikes, line of sight concerns, striping treatment options, bicycle counts, vehicle speed limits, grant funding, cycling deterrents, and pop-up bike lanes. Councilmembers c ommented on the matter.
17

Special Meeting Minutes
ADJOURNMENT: Mayor Chun adjourned the meeting at 7:04 p.m. to the April 20, 2022 Regular City Council Meeting.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC ROSS CHUN

CITY CLERK MAYOR
18

Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
April 20, 2022, 7:00 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.

CALL TO ORDER: Mayor Chun called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:08 p.m.

ROLL CALL:

PRESENT: MAYOR ROSS CHUN (via teleconference)
MAYOR PRO TEM RICHARD HURT (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER DAVID C. HARRINGTON (via teleconference)
COUNCILMEMBER MIKE MUNZING (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY

TODD LEISHMAN, DEPUTY CITY ATTORNEY

MITZI ORTIZ, CITY CLERK

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER

SHERYL MARIANO, ACCOUNTING SUPERVISOR
CAPT. SCOTT MERRILL, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Councilmember Harrington led the pledge of allegiance.

1. SPECIAL PRESENTATIONS:

1.1. FEATURED BUSINESS OF THE MONTH - PACIFIC LIFE INSURANCE Mayor Chun introduced the video and presented the certificate of recognition to Senior Vice President Tennyson Oyler. Mr. Oyler expressed his appreciation. 19

Regular Meeting Minutes

1.2. TRUSTED PARTNER RECOGNITIONS - CAPISTRANO UNIFIED SCHOOL DISTRICT

AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY
Mayor Chun presented the certificates of recognition to Aliso Niguel High School Principal Michael Hatcher, Don Juan Avila Middle School Principal Amy Varrichio, Aliso Viejo Middle School Principal George Duarte, and Boys & Girls Club of Capistrano Valley Associate Executive Director Nicole Watson. Recipients expressed their appreciation.

Ms. Watson introduced Youth of the Year Xitlalic Rojas. Ms. Rojas provided a presentation on her experience with the Boys & Girls Club.

1.3. PROCLAMATION - FAIR HOUSING MONTH
Mayor Chun presented the proclamation to Fair Housing Foundation Community Engagement Liaison Martha Torres. Ms. Torres expressed her appreciation and provided information on services available to the community.

1.4. PROCLAMATION - DMV / DONATE LIFE MONTH
Mayor Chun introduced Councilmember Munzing, who commented on the importance of tissue, eye, and organ donation. Mayor Chun presented the proclamation to OneLegacy Ambassador Angela Betts. Ms. Betts expressed her appreciation and commented on the importance of the designation.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

1. Marlene Lewis requested changes to the reporting procedures for barking dogs.

2. Angel Fernandez expressed concern with recreational vehicle parking on city streets.

3. Jonathan Light urged support of the Energy Innovation and Carbon Dividend Act.

4. Max Wakeman urged support of the Energy Innovation and Carbon Dividend Act.

4. CONSENT CALENDAR:

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

Motion: Mayor Pro Tem Hurt moved and Councilmember Harrington seconded to approve the recommended actions. Motion carried 5-0.

4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS 20

Regular Meeting Minutes
Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL C ITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the March 2, 2022 Special Meeting and the March 2, 2022 Regular Meeting.

4.4. ACCOUNTS PAYABLE
Recommended Action:

1. Ratify accounts payable checks and electronic funds transfers issued March 10, 2022, in the amount of $790,050.75;

2. Ratify accounts payable checks and electronic funds transfers issued March 17, 2022, in the amount of $354,268.22; and

3. Ratify accounts payable checks and electronic funds transfers issued March 31, 2022, in the amount of $398,414.80.

4.5. TREASURER’S STATEMENTS – JANUARY AND FEBRUARY 2022 Recommended Action: Approve January and February 2022 Treasurer’s Statements

4.6. AWARD CONTRACT TO RJ NOBLE COMPANY, INC. FOR THE ALISO CREEK ROAD REHABILITATION PROJECT – WOLVERINE TO ALICIA PARKWAY
Recommended Action:

1. Approve Contract Documents, Specifications, and Plans for the Aliso Creek Road Rehabilitation Project – Wolverine to Alicia Parkway;

2. Award a contract in the amount of $1,423,585 to RJ Noble Company, Inc. as the lowest responsible bidder for the Aliso Creek Road Rehabilitation Project –Wolverine to Alicia Parkway;

3. Authorize the City Manager to execute a contract with RJ Noble Company, Inc.;

4. Authorize City staff to make total compensation to RJ Noble Company, Inc. up to $1,423,585 plus $142,358.50 (10% of the contract amount) to allow for contingencies, totaling $1,565,943.50; 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). 21

Regular Meeting Minutes

5. PUBLIC HEARINGS:

5.1. ADOPTION OF AN URGENCY ORDINANCE AND INITIATION OF CODE AMENDMENT

TO ADD SECTIONS RELATED TO URBAN LOT SPLITS AND OUTDOOR DINING City Manager David Doyle introduced City Attorney Scott Smith, who provided a brief overview. Deputy City Attorney Todd Leishman provided additional information. Staff responded to questions regarding existing structures and property covenants. Mayor Chun opened the public hearing. There were no speakers. Mayor Chun closed the public hearing. Councilmembers commented on the matter.

Recommended Action:

1. Find that said actions are statutorily exempt from the California Environmental Quality Act (CEQA) under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), whereby the adoption of an ordinance by a city to implement the provisions of Government Code sections 66411.7 and 65852.21, regulating Urban Lot Splits and Two-Unit Projects, is statutorily exempt from the requirements of CEQA;

2. Adopt Urgency Ordinance No. 2022-224 entitled: AN URGENCY ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING SECTIONS 14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA; and

3. Introduce and give first reading to an Ordinance entitled: AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING SECTIONS

14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND AMENDING SECTION 15.22.190 OUTDOOR DINING AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA.

Motion: Councilmember Munzing moved and Councilmember Ackley seconded t o approve the recommended actions. Motion carried 5-0.

6. DISCUSSION:

6.1. CONSIDERATION OF REIMBURSEMENT OF CITY FEES FOR TASTE OF ALISO

NIGUEL EVENT
City Manager David Doyle provided an overview. Councilmembers commented on the matter.

Recommended Action: Discuss and provide direction to staff regarding reimbursement of the cost of City fees for Taste of Aliso Niguel event to Parents & Friends of Aliso Niguel High School (PFAN) in the amount of $509.53.

Motion: Councilmember Harrington moved and Councilmember Ackley seconded t o approve the r eimbursement of the cost of City fees for Taste of Aliso Niguel event to Parents & Friends of Aliso Niguel High School (PFAN) in the amount of $509.53 . Motion carried 5-0.
22

Regular Meeting Minutes

6.2. ORDINANCE AND CITY COUNCIL POLICY REGARDING AFFORDABLE HOUSING

UNIT DOCUMENTATION
City Manager David Doyle introduced City Attorney Scott Smith, who provided an overview. Councilmembers commented on the matter.

Recommended Action:

1. Find that the Ordinance is not subject to the requirements of the California Environmental Quality Act for the following reasons:
a) The ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines because it has no potential for resulting in direct or indirect physical change in the environment.
b) The ordinance is exempt under Section 15061(b)(3), the general rule exemption, because it can be seen with cer tainty that there is no possibility that this code amendment will have a significant effect on the environment;

2. Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING CHAPTER 3. 18

TO THE ALISO VIEJO MUNICIPAL CODE REGARDING AFFORDABLE HOUSING

UNIT REPORTING AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; and

3. Adopt City Council Policy No. 600-5 regarding affordable housing unit documentation.

Motion: Mayor Pro Tem Hurt moved and Councilmember Harrington seconded to approve the recommended actions. Motion carried 5-0.

6.3. ORDINANCE REGARDING TRANSIENT LODGING OCCUPANT REGISTRATION City Manager David Doyle introduced City Attorney Scott Smith, who provided an overview. Councilmembers commented on the matter.

Recommended Action:

1. Find that the Ordinance is not subject to the requirements of the California Environmental Quality Act for the following reasons:
a) The Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines because it has no potential for resulting in direct or indirect physical change in the environment;
b) The Ordinance is exempt under Section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that the code amendments therein will have a significant effect on the environment; and

2. Introduce for first reading an Ordinance entitled: ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA AMENDING CHAPTERS

3.06 AND 15.18 OF THE ALISO VIEJO MUNICIPAL CODE REGARDING

TRANSIENT LODGING OCCUPANT REGISTRATION AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
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Regular Meeting Minutes
Motion: Councilmember Ackley moved and Councilmember Harrington seconded t o approve the recommended actions. Motion carried 5-0.

7. CITY MANAGER' S REPORT:

City Manager David Doyle addressed the public comments received; announced spring Recreation Class and Summer Camp registration; JamFest & Summer Camp Expo to be held from 11:00 a.m. to 2:00 p.m. on April 30, 2022 at Aliso Viejo Ranch; and reported on the Study Session held prior to the Regular Meeting.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Ackley: None
Councilmember Harrington: None
Councilmember Munzing:
 Attended Movie Night
 Attended Aliso Viejo Chamber of Commerce Networking Breakfast  Attended Aliso Niguel High School Science Building Ribbon Cutting Ceremony Mayor Pro Tem Hurt:
 Participated in Career Day at Wood Canyon Elementary School  Attended OCTA South Orange County Multimodal Transportation Study webinar  Attended Orange County Business Council Annual Dinner and Installation  Attended San Onofre Nuclear Generating Station tour
 Encouraged teens to attend Virtual Mental Health Program at Aliso Viejo Library Mayor Chun:
 Attended San Onofre Nuclear Generating Station tour
 Attended Medal of Valor Luncheon
 Attended Aliso Ridge Behavioral Health Center Grand Opening  Observed OCFA equestrian rescue training
 Appointed to OCFA Security Ad-hoc Committee
 Attended City / AVCA Standing Committee Meeting
 Arranging City tour for Soka University students
 Presented on disaster response and humanitarian support in Ukraine  Expressed appreciation to those who offered condolences on loss of pet

9. ADJOURNMENT: Mayor Chun adjourned the meeting at 9:07 p.m. to the regularly scheduled meeting of May 4, 2022.
24

Regular Meeting Minutes
Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC ROSS CHUN

CITY CLERK MAYOR
25 City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE RELATING

TO URBAN LOT SPLITS AND OUTDOOR DINING
Recommended Action:

Conduct second reading and adopt Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTIONS 14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND AMENDING SECTION 15.22.190 OUTDOOR DINING AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

Discussion:

On April 20, 2022, the City Council approved the introduction and first reading of the subject Ordinance by a 5-0 vote. If adopted, the Ordinance will take effect 30 days after adoption.

Attachment:

1. Ordinance
26

ORDINANCE NO. 2022-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADDING SECTIONS 14.28 URBAN LOT SPLITS AND 15.14.210 TWO UNIT PROJECTS AND AMENDING SECTION

15.22.190 OUTDOOR DINING AND DETERMINING THE ORDINANCE

TO BE EXEMPT FROM CEQA
WHEREAS, the City of Aliso Viejo, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 Law because if the City does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to applying the few objective standards that are already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 61, which among other things adds Government Code Section 65907 to permit the outdoor expansion of businesses to mitigate COVID-19 impacts; and WHEREAS, AB 61 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code section 65907 and to appropriately regulate outdoor dining with social distancing; and
27

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

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:

Section 3. Sections 14.28 and 15.14.210 of the City of Aliso Viejo Municipal Code is hereby added and Section 15.22.190 is amended and restated as provided in Exhibit “A”, attached hereto and incorporated herein by reference.

Section 4. This ordinance takes effect 30 days after its adoption.

Section 5 . The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption. 28

Section 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

Section 7. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

Section 8. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 12 Journey, Suite 100, Aliso Viejo, CA 92656.

PASSED, APPROVED AND ADOPTED this 4th day of May, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 29

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022-__ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 4th day of May, 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-__ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held May 4, 2022 and that the Summary of the Ordinance was published on (date) and (date) in the Laguna Niguel News. ___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
30

Exhibit A
Chapter 14.28 Urban Lot Splits

14.28.010 Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

14.28.020 Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

14.28.030 Application.

A. Owners.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.

B. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

C. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

14.28.040 Approval.

A. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community Development Director, without discretionary review.

B. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel 31

map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.

C. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

14.28.050 Requirements. An urban lot split must satisfy each of the following requirements:

A. Map Act Compliance.

1. The urban lot split must conform to all applicable requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”) and implementing requirements in this code, except as otherwise expressly provided in this section.

2. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
a. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
b. The city has all the remedies available to it under the SMA, including but not limited to the following:
i. An action to enjoin any attempt to sell, lease, or finance the property.
ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
iii. Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
iv. Record a notice of violation.
v. Withhold any or all future permits and approvals.
32

3. Notwithstanding section 66411.1 of the SMA, no dedication of rights- of-way or construction of offsite improvements is required for an urban lot split.

B. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

C. Lot Location.

1. The lot to be split is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
i. been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to
the local jurisdiction, or
ii. meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
33

i. Habitat for protected species.
j. Land under conservation easement.

2. The purpose of subpart 15.28.040C.1 above15.28.040C.1 above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)

3. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.

4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

D. No Prior Urban Lot Split.

1. The lot to be split was not established through a prior urban lot split.

2. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

E. No Impact on Protected Housing.

1. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.

2. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit 34

representing and warranting that subpart 15.28.040E.1 above is satisfied.
a. The sworn statement must state that:
i. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
ii. No housing that is subject to any form of rent or price control will be demolished or altered.
iii. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
iv. No housing that has been occupied by a tenant in the last three years will be demolished or altered.
b. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.] F. Lot Size.

1. The lot to be split must be at least 2,400 square feet.

2. The resulting lots must each be at least 1,200 square feet.

3. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

G. Easements.

1. The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2. Each easement must be shown on the tentative parcel map.

3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart 14.28.040B above.
35

4. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

H. Lot Access.

1. Each resulting lot must adjoin a public street right-of-way.

2. Each resulting lot must have frontage on the public street right-of-way of at least 10 feet.

I. Unit Standards.

1. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 15.14.080 of this code, an ADU, or a JADU

2. Unit Size.
a. The total floor area of each primary dwelling that is developed on a resulting lot must be
i. less than or equal to 800 square feet and
ii. more than 500 square feet.
b. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
c. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

3. Height Restrictions.
a. On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
b. On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any 36

portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

4. Lot Coverage. The maximum lot coverage is 75 percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

5. Setbacks.
a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b. Exceptions. Notwithstanding subpart 15.28.040I.5.a above:
i. Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and to the same dimensions as an existing legally established
structure.
ii. 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a
side or rear property line.
c. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 10 feet from the front property lines. The front setback areas must:
i. be kept free from all structures greater than three feet high;
ii. be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
iii. allow for vehicular and fire-safety access to the front structure.
37

6. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either i. a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
ii. a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail
transit service, or
(ic) the intersection of two or more major bus
routes with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
b. The site is located within one block of a car-share vehicle location.

7. Architecture.
a. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. b. If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
c. All exterior lighting must be limited to down-lights. d. No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
38

e. If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

8. Landscaping.
a. Tree Removal.
i. No mature tree may be removed on a lot with any
development under this chapter unless removal is
necessary to constructing a dwelling unit that must be
allowed under state law.
ii. “Mature tree” means a tree with a diameter of six inches or more or a height of eight feet or taller.
iii. A tree may only be removed under subparagraph

15.28.040I.8.a.i above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree. b. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not rights of way) as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24”-inch box size plant shall be provided for every ten linear feet of exterior wall.
ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6six feet in height may be installed.
iii. All landscaping must be drought-tolerant.
iv. All landscaping must be from the city’s approved plant list.

9. Nonconforming Conditions. An urban lot split may beis approved without requiring a legal nonconforming zoning condition to be corrected.

10. Utilities .
39

a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
b. Notwithstanding paragraph 15.28.040I.10.a above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
c. All utilities must be underground.

11. Building & Safety . All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

J. Fire-Hazard Mitigation Measures.

1. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a. It must have direct access to a public street right-of-way with a paved street with a width of at least 40 feet. The public street right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
c. All enclosed structures on the site must have fire sprinklers. d. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.

2. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart 15.28.040J. The 40

city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.

K. Separate Conveyance.

1. Within a resulting lot.
a. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. b. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
c. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. d. No timeshare, as defined by state law or this code, is permitted.

This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

2. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

L. Regulation of Uses.

1. Residential-only. No non-residential use is permitted on any lot created by urban lot split.

2. No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

3. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal 41

residence for a minimum of three years after the urban lot split is approved.

M. Notice of Construction.

1. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized,
b. The anticipated start and end dates for construction, c. The hours of construction,
d. Contact information for the project manager (for construction- related complaints), and
e. Contact information for the Building & Safety Department.

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

N. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

2. Expressly prohibits any non-residential use of the lots created by the urban lot split.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. States that:
42

a. The lot is formed by an urban lot split and is therefore subject to the city’s urban lot-split regulations, including all applicable limits on dwelling size and development.
b. Development on the lot is limited to development of residential units under sections 15.10 and 15.14 of this code, except as required by state law.

15.28.050 Specific Adverse Impacts.

A. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

C. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

15.28.050 Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

Section 15.14.210 Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
43

C. Application.

1. Owners.
a. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code
§ 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).
b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.

2. An application for a two-unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the Community Development Director, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
44

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.
a. The lot is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures
required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(ia) been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction, or
(ib) meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of
the National Flood Insurance Program.
45

vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii.Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. The purpose of subpart 15.28.040C.1 above is merely to summarize the requirements of Government Code section
65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).) c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.

4. No Impact on Protected Housing.
a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
i. Housing that is income-restricted for households of
moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years
prior to submission of the two unit project application. iv. Housing that has been occupied by a tenant in the last three years.
b. As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.4.a above is satisfied.
i. The sworn statement must state that:
(ia) No housing that is income-restricted for
households of moderate, low, or very low
income will be demolished or altered.
46

(ib) No housing that is subject to any form of rent
or price control will be demolished or altered.
(ic) No housing that has been withdrawn from
rental or lease under the Ellis Act at any time in
the last 15 years will be demolished or altered.
(id) No housing that has been occupied by a tenant
in the last three years will be demolished or
altered.
b. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this
requirement.]
B. Unit Standards.

1. Quantity.
a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
b. A lot that is not created by an urban lot split may have a two- unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.

2. Unit Size.
a. The total floor area of each primary dwelling built that is developed under this section must be
(ia) less than or equal to 800 square feet and
(ib) more than 500 square feet.
ii. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
47

iii. A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
b. Height Restrictions .
i. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. ii. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure.

Any portion of a new primary dwelling that exceeds one
story must be stepped back by an additional five feet
from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
iii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. c. Demo Cap . The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
d. Lot Coverage . The maximum lot coverage is 75 percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
e. Setbacks .
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
ii. Exceptions. Notwithstanding subpart A1.e above:
(ia) Existing Structures. No setback is required
for an existing legally established structure or
for a new structure that is constructed in the
same location and to the same dimensions as
an existing legally established structure.
(ib) 800 sf; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to
48

the degree necessary to avoid physically
precluding the construction of up to two units
on the lot or either of the two units from being
at least 800 square feet in floor area; but in no
event may any structure be less than four feet
from a side or rear property line.
ii. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this
section must be at least 10 feet from the front property lines. The front setback area must:
(ia) be kept free from all structures greater than
three feet high;
(ib) be at least 50 percent landscaped with
drought-tolerant plants, with vegetation and
irrigation plans approved by a licensed
landscape architect;
(ic) allow for vehicular and fire-safety access to the
front structure.
b. Parking . Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either
(ia) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
during peak commute hours or
(ib) a site that contains:
 an existing rail or bus rapid transit station,
 a ferry terminal served by either a bus or rail
transit service, or
 the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
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ii. The site is located within one block of a car-share vehicle location.
b. Architecture .
i. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling
unit in exterior materials, color, and dominant roof pitch.

The dominant roof slope is the slope shared by the
largest portion of the roof.
ii. If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof pitch.

The dominant roof slope is the slope shared by the
largest portion of the roof.
iii. All exterior lighting must be limited to down-lights. iv. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a
direct line of sight.
v. If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
c. Landscaping . Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten
linear feet of exterior wall.
ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
50

iii. All landscaping must be drought-tolerant.
iv. All landscaping must be from the city’s approved plant list.
d. Nonconforming Conditions . A two-unit project may only be approved if all nonconforming zoning conditions are corrected. e. Utilities .
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. ii. Notwithstanding paragraph A1.e.i above, a primary
dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with
this paragraph and the city’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
i. All utilities must be underground.
f. Building & Safety . All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.

2. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
i. It must have direct access to a public street right-of-way with a paved street with a width of at least 40 feet. The public street right-of-way must have at least two
independent points of access for fire and life safety to access and for residents to evacuate.
ii. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
iii. All enclosed structures on the site must have fire sprinklers.
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iv. All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public street right- of-way or of an onsite fire hydrant or standpipe.
v. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per
dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart A2. The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the
application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.

3. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. i. No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement
that gives an owner the right to exclusive use of the
property for a defined period or periods of time.

4. Regulation of Uses.
a. Residential-only . No non-residential use is permitted on the lot. b. No STRs . No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy . Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
52

5. Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
i. Notice that construction has been authorized,
ii. The anticipated start and end dates for construction, iii. The hours of construction,
iv. Contact information for the project manager (for
construction-related complaints), and
v. Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

6. Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. e. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

B Specific Adverse Impacts.
53

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

C Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

D Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
54

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.

Section 15.22.190 Outdoor Dining
A. Applicability – General Provisions. Outdoor dining may be permitted as an accessory use subject to the provisions of this section if an administrative use permit is approved in accordance with AVMC 15.74.040.

B. Allowing an Increase in Outdoor Dining Area If an Exception Permit Is Approved. The area devoted to outdoor dining shall not exceed 1,000 square feet and shall be accessory to the main restaurant use. Outdoor dining area may be expanded to a maximum of 40 percent of the indoor floor area of the restaurant if an exception permit is approved pursuant to AVMC 15.74.070.

C. Required Findings. Before approving an application, the decision-making authority shall make the following findings in addition to those required in AVMC 15.74.040:

1. That the proposed outdoor dining is accessory to the eating and drinking establishment;

2. That the accessory outdoor dining area will not result in the reduction of existing parking spaces below that required for the restaurant use.

D. Required Conditions. Approval of an application to add or expand outdoor accessory dining shall include the following conditions:

1. The outdoor dining area shall be subject to the existing hours of operation, operational characteristics and conditions of any use permit applicable to the overall establishment;

2. Amplified live music shall not be permitted outdoors unless an exception permit is approved pursuant to AVMC 15.74.070.

Unamplified live music may be permitted if included as part of the outdoor dining administrative use permit;

3. All doors and windows leading to the outdoor dining area shall remain closed while indoor amplified music or live entertainment is being played;

4. Fences, walls, roofs or similar barriers shall serve only to define the outdoor dining area and shall not constitute a permanent all-weather enclosure;
55

5. Any additional conditions the decision-making authority deems necessary or appropriate to ensure that operation of the outdoor dining area is consistent with the findings made at the time of approval.

E. Notwithstanding Subsection A through C, until January 1, 2024, any legally established restaurant may utilize up to 10 percent of their parking spaces for the establishment of outdoor dining with the approval of a Temporary Use Permit provided measures can be taken to protect the health, safety and welfare of diners and employees.
56 City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE RELATING

TO AFFORDABLE HOUSING UNIT REPORTING
Recommended Action:

Conduct second reading and adopt Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA ADDING CHAPTER 3.18 TO THE ALISO VIEJO MUNICIPAL CODE

REGARDING AFFORDABLE HOUSING UNIT REPORTING AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Discussion:

On April 20, 2022, the City Council approved the introduction and first reading of the subject Ordinance by a 5-0 vote. If adopted, the Ordinance will take effect 30 days after adoption.

Attachment:

1. Ordinance
57

ORDINANCE NO. 2022-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA ADDING CHAPTER 3.18 TO THE ALISO VIEJO

MUNICIPAL CODE REGARDING AFFORDABLE HOUSING UNIT

REPORTING AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Southern California region is experiencing a housing crisis, especially in providing housing affordable to very low and low income households (collectively “Low Income Households”); and
WHEREAS, the City of Aliso Viejo (“City”) actively creates, increases, and preserves affordable housing opportunities; and
WHEREAS, the City’s efforts in this sphere include: (1) conditioning City entitlements for housing developments with a percentage of units affordable to Low Income Households; and (2) extending loans to qualifying Low Income Households to facilitate the purchase of a home (often referred to as an “affordable housing subsidy”); and WHEREAS, these designated units are typically governed by an affordability covenant, resale restriction, or other agreement that restricts future tenants or purchasers to qualifying Low Income Households and establishes annual reporting requirements regarding household income and/or proof of occupancy;1 and WHEREAS, most households comply with their reporting responsibility, but occasionally some do not; and
WHEREAS, timely and accurate household information helps the City comply with State reporting obligations and ensures that the City’s affordable units remain occupied by qualified households; and
WHEREAS, the Aliso Viejo Municipal Code (“Code”) does not currently regulate affordable housing reporting requirements; and
WHEREAS, this Ordinance adds a provision to the Code that requires households to submit any income or occupancy verification requested by the City in accordance with an affordable housing agreement (which is defined to include any City-executed resale restriction, affordability covenant, or housing agreement); and WHEREAS, this Code amendment is intended to incentivize households to comply with their reporting responsibilities and to provide City staff with an additional tool for ensuring compliance with them;

1 Common terms for these affordability covenants and resale restrictions range from 30 – 55 years. 58

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1 . Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are incorporated herein.

SECTION 2. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The Ordinance simply regulates documentation that must be submitted to the City. In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance merely regulates documentation that must be submitted to the City; it will not result in any development or in any new activity with the potential to impact the environment.

SECTION 3. Code Amendment. Chapter 3.18 (Reporting for Affordable Housing Units) is hereby added to the Aliso Viejo Municipal Code to read in its entirely as follows:
“3.18.010 Definitions
The following words shall have the meaning indicated when used in this chapter:
“Affordable Housing Agreement” means any effective, City-executed agreement regulating the operation and maintenance of property and restricting the sale or occupancy thereof to specified households at a specified price or rent. Examples include, but are not limited to an: affordable housing resale restriction, affordability covenant, or housing agreement.
“City” means the City of Aliso Viejo, California.

3.18.020 Reporting for Affordable Housing Units
It is unlawful for any person owning, occupying, or leasing property subject to an Affordable Housing Agreement to fail to submit any verification of income or occupancy requested by the City in accordance with the Affordable Housing Agreement.”
SECTION 4 . Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid 59

provision or application, and to this end the provisions of this Ordinance are severable.

The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 5. Effective Date . This Ordinance shall take effect 30 days after its adoption.

SECTION 6. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within 15 days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

SECTION 7. Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which these findings are based are located at Aliso Viejo City Hall, 12 Journey, Aliso Viejo, California 92656. The City Clerk is the custodian of the record of proceedings.

PASSED, APPROVED AND ADOPTED this 4th day of May, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 60

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022-__ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 4th day of May, 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-__ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held May 4, 2022 and that the Summary of the Ordinance was published on (date) and (date) in the Laguna Niguel News. ___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
61 City of Aliso Viejo

AGENDA ITEM
DAT
E:

TO:

FROM:

May 4, 2022
Mayor and City Council
Sheryl Mariano, Accounting Supervisor
SUBJ
ECT: ACCOUNTS PAYABLE
Recommended Action:

Ratify accounts payable c hecks and electronic funds transfers issued April 14, 2022, in the amount of $1,010,104.82.

Fiscal Impact:

Expenditures in the amount of $1,010,104.82.

Background:

The City is
sues accounts payable checks on bi-weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.

Discussion:

The attached register containing checks and electronic funds transfers dated April 14, 2022, $1,010,104.82 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 audited and deemed accurate by the Accounting Supervisor.

Attachment:

1. Accounts Payable Report
62 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
MAR'22 SAN JOAQUIN ROAD FEESSAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY 37,058.90 P#21-0047-C&D REFUND-PEGASUS/14 SHERRELWOODPEGASUS REMODELING, INC 500.00 P#21-0714-C7D REFUND-TURELK/1 ENTERPRISETURELK INC 750.00 P#21-1728-C&D REFUND-ALL OC CONST/32 VENETO LNALL OC CONSTRUCTION 500.00 P#22-0041 CANCELED BLDG PERMIT-ADVANCED PERMITADVANCED PERMIT SERVICES 17.40 P#21-1905-CANCELED BLDG PERMIT-PACIFIC TUSKPACIFIC TUSK BUILDERS 244.34 P#22-0348-C&D REFUND-ADVANCED ROOFING/30 SPICEWOODADVANCED ROOFING SYSTEMS, INC 500.00 39,570.64

CITY MANAGER
CM-OFFICE SUPPLIESSTAPLES ADVANTAGE 35.01
CITY MANAGER TOTAL: 35.01

ECONOMIC DEVELOPMENT
APR'22-AVTC- STORAGE BIN RENTAL C-19-R2HAULAWAY STORAGE CONTAINERS INC 92.40 ECONOMIC DEVELOPMENT TOTAL: 92.40

HUMAN RESOURCES
LM-3/3 CPRS JOB POSTING FOR RL/SRLUS BANK PURCHASING CARD PROGRAM 125.00 HUMAN RESOURCES TOTAL: 125.00

CITY CLERK
CC-OFFICE SUPPLIESSTAPLES ADVANTAGE 273.88
CITY CLERK TOTAL: 273.88

CITY ATTORNEY
JAN'22 BBK - #801 TOWN CTR SPECIFIC PLANBEST BEST & KRIEGER 1,995.00 CITY ATTORNEY TOTAL: 1,995.00

INFORMATION TECHNOLOGY
3/19- 4/18/22 ACCT #9302-CH-IT SERVER ROOMCOX COMMUNICATIONS, INC 85.39 MAR'22 NETWORK SUPPORT & SECURITY ENGINEERNATHAN M KEETER 416.67 MAR'22 ELM & ASSET MGMT IMPLEMENTATIONGO LIVE TECHNOLOGY INC 5,940.00 3/22-4/21/22-CH-ELEVATORAT&T 1,108.24
2/19-3/18/22 CH-AT&T INTERNETAT&T 1,105.52
APR'22 CH JIVE VOIP SERVICE & SUPPORTJIVE COMMUNICATIONS INC 1,847.86 FY21-22 PAGEFREEZER-SOCIAL MEDIA ARCHIVERPAGEFREEZER SOFTWARE INC 4,848.00 INFORMATION TECHNOLOGY TOTAL: 15,351.68

NON-DEPARTMENTAL
APR'22 RECORDS OFF SITE STORAGECERTIFIED RECORDS MANAGEMENT 447.25 4/12-5/11/22 RICOH C5200S - LEASERICOH USA 729.92
MAR'22 CH COFFEE SERVICENESTLE WATERS NORTH AMERICA 45.23 3/17 CH BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 85.61 CC-4/4 AVCA MTG WITH CM/CC & STAFF- F&B REIMBCHARLENE CHENG 127.77 APR'22 CH-FIRST AID MAINTENANCECINTAS CORPORATION NO. 2 171.23 CEN-COPY PAPER & BREAK ROOM SUPPLIESSTAPLES ADVANTAGE 654.96 2/14-3/21/22 MTR#2206 VISTA PARK WATER SERVICEMOULTON NIGUEL WATER DIST 860.34 MAR & APR'22 RENTAL STORAGE UNIT #535ALISO VIEJO SELF STORAGE 860.00 MAY'22 RENTAL STORAGE UNIT #519ALISO VIEJO SELF STORAGE 330.00 NON-DEPARTMENTAL TOTAL: 4,312.31
C. S. ADMINISTRATION
JB-MOVIE NIGHT SUPPLIES-FUNEXPRESSUS BANK PURCHASING CARD PROGRAM 238.99 JB-3/4 SHAMROCKIN FUN WORKSHOP-F&BUS BANK PURCHASING CARD PROGRAM 81.80 JB -8/26 MOVIE NIGHT GAMES-AMAZONUS BANK PURCHASING CARD PROGRAM 37.70 LM-SUMMER CAMP ADUS BANK PURCHASING CARD PROGRAM 1,040.00 LM-SUMMER CAMP AD - CREDITUS BANK PURCHASING CARD PROGRAM (1,040.00) HONORING OUR HISTORY-INVITATION CARDSSOLINK INC 135.77
AVR "BEWARE OF WILDLIFE" SIGNSWESTAMERICA COMMUNICATIONS INC 185.25 04/14/2022
63 Description (Item)Vendor Name Amount
JAMFEST EVENT SHIRTSMANHATTAN STITCHING COMPANY INC 328.64 C. S. ADMINISTRATION TOTAL: 1,008.15

PLANNING
MAR'22 AFFORDABLE HOUSING CONSULTANT SRVREBECCA J CAHA 1,187.50 PLANNING TOTAL: 1,187.50

LAW ENFORCEMENT-CONTRACT
APR'22 CONTRACT PAYMENT CREDITCOUNTY OF ORANGE (1,980.08) APR'22 LAW ENFORCEMENTCOUNTY OF ORANGE 782,783.60
LAW ENFORCEMENT-CONTRACT TOTAL: 780,803.52

LAW ENFORCEMENT-OTHER
BG-4/25-4/29 CPTED TRAINING/REGIS FOR SGT PHILLIPSUS BANK PURCHASING CARD PROGRAM 625.00 BG-4/4-4/6 CPTED TRAINING/REGIS FOR SGT PHILLIPSUS BANK PURCHASING CARD PROGRAM 425.00 BG-FRAMES FOR SHERIFF'S BANQUETUS BANK PURCHASING CARD PROGRAM 86.15 BG-3/1 ADMIN MEETING/LUNCHUS BANK PURCHASING CARD PROGRAM 165.08 BG-2/23 AMMO FOR RANGE PRACTICEUS BANK PURCHASING CARD PROGRAM 201.26 CK-AWARD/PLAQUE FOR SGT GARDNERS RETIREMENTUS BANK PURCHASING CARD PROGRAM 325.62 SM-3/18 COFFEE FOR PATROL DEPUTIES-SHOOTING IN AVUS BANK PURCHASING CARD PROGRAM 53.85 SM-3/18 FOOD FOR PATROL DEPUTIES-SHOOTING IN AVUS BANK PURCHASING CARD PROGRAM 243.52 LE-DEP.BAKER'S M/C #3962-TIRE REPLACEMENTSEAVCO INC 361.91 2/20-3/5/22-412.5HRS-SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 10,448.63 LAW ENFORCEMENT-OTHER TOTAL: 12,936.02
EOC
EOC-2/22/22-2/21/23 NIXLE 360 ALERT-ANNUAL FEESEVERBRIDGE, INC 5,800.00 EOC TOTAL: 5,800.00
GENERAL FUND TOTAL: 863,491.11
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
3/7-4/5/22 MTR#6544 CITY HALL GAS SERVICETHE GAS COMPANY 565.67 FY21-22-CH-AQMD GENERATOR G43862 PERMIT FEESOUTH COAST AIR QUALITY MGMT DIST 440.15 FY21-22-AQMD-EMISSION FEESOUTH COAST AIR QUALITY MGMT DIST 142.59 2/16 CH- BEGONIA PLANTS INSTALLATION SRVNIEVES LANDSCAPE INC 44.16 3/8 CH-ROSE PLANTS INSTALLATION SRVNIEVES LANDSCAPE INC 14.72 2/14-3/21/22 MTR#8510 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 163.57 2/14-3/21/22 MTR#6010 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 139.90 2/14-3/21/22 MTR#7051 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 326.44 4/17/22-4/17/23 EV CHARGING-NETWORK SERVICE PROGSEMACONNECT INC 480.00 NON-DEPARTMENTAL TOTAL: 2,317.20
GEN. FD-CITY HALL TOTAL: 2,317.20
103 - GF-AV RECREATION SERVICES
8/4-CITY CAMP-DISNEY CALIFORNIA ADVENTURE TICKETSWALT DISNEY TRAVEL CO, INC 6,424.00 8/11 CITY CAMP-DISNEYLAND RESORT TICKETSWALT DISNEY TRAVEL CO, INC 8,020.00 14,444.00

RECREATION SERVICES
WINTER2022-RWC070 SPANISH-2 PARTICIPANTSTLP EDUCATION LLC 234.00 WINTER2022-RWC164/166/169/170 HIP HOP BODY-6PARTFITNESS WITH FLAVOR LLC 258.00 3/22 AVR RESTROOM SINK REPAIRVERNE'S PLUMBING, INC 275.00 MAR'22 AV RANCH JANITORIAL SERVICETEAM ONE MANAGEMENT SERVICES 5,190.00 JB-CITY DAY CAMP SUPPLIES-WALMARTUS BANK PURCHASING CARD PROGRAM 19.85 JB-CITY DAY CAMP SUPPLIES-WALMARTUS BANK PURCHASING CARD PROGRAM 43.55 JB-CITY DAY CAMP SUPPLIES-WALMARTUS BANK PURCHASING CARD PROGRAM 20.87 JB-CITY DAY CAMP SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 30.14 JB-CITY DAY CAMP SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 52.77 JB-CITY DAY CAMP SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 236.56 LM-WALL MOUNT-AMAZONUS BANK PURCHASING CARD PROGRAM 26.88 LM-HOOKS FOR GREENROOM-POTTERY BARNUS BANK PURCHASING CARD PROGRAM 287.96 LM-HDMI CABLE FOR MONITOR-AMAZONUS BANK PURCHASING CARD PROGRAM 6.82 LM-MAGNETIC ERASER-OFFICE DEPOUS BANK PURCHASING CARD PROGRAM 1.71 LM-AVR CATERING KITCHEN SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 31.02 LM-AVR CATERING KITCHEN SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 8.51 LM-REFUND MINOR EQUIPMENTS-OFFICE DEPOTUS BANK PURCHASING CARD PROGRAM (145.45) 64 Description (Item)Vendor Name Amount
LM-REFUND-OFFICE DEPOTUS BANK PURCHASING CARD PROGRAM (43.63) LM-REFUND MINOR EQUIPMENTS-OFFICE DEPOTUS BANK PURCHASING CARD PROGRAM (145.45) LM-MAGNETIC WHITEBOARD-OFFICE DEPOTUS BANK PURCHASING CARD PROGRAM 320.62 LM-WHITEBOARD-AMAZONUS BANK PURCHASING CARD PROGRAM 355.56 LM-MAGNETIC WHITEBOARD-OFFICE DEPOTUS BANK PURCHASING CARD PROGRAM 363.52 WINTER2022-RWC156/157KINDERGARTEN READINESS-35PARELIZABETH DRAY PLUMB 5,280.00 3/16 AVR BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 35.02 WINTER2022-RWC020/005/093/008/009/011DANCE-36PARTEVER AFTER EVENT PRODUCTIONS LLC 1,393.20 WINTER2022-RWC138 BALLET-1 PARTICIPANTROXANNE BELL 52.50 WINTER2022-RWC178/179/180 SOCCER-22 PARTICIPANTSROUND STAR WEST, LLC 1,452.00 WINTER2022-RWC127/128/144/145 LINE DANCE-24 PARTCAROLYN WOJCIECHOWSKI 348.00 APR'22 AVR-FIRST AID MAINTENANCECINTAS CORPORATION NO. 2 170.00 APR'22 AVR-FIRST AID MAINTENANCECINTAS CORPORATION NO. 2 1.61 CAMP SHIRTSMANHATTAN STITCHING COMPANY INC 1,450.85
2/14-3/21/22 MTR #0819 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 107.79 2/21-3/28/22 MTR#1100 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 157.48 2/14-3/21/22 MTR#5356 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 326.44 2/14-3/21/22 MTR#7892/6534 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 557.12 2/21-3/28/22 MTR #0958 AV RANCH WATER SERVICEMOULTON NIGUEL WATER DIST 129.80 2/14-3/21/22 MTR #0973 AV RANCH WATER SERVICEMOULTON NIGUEL WATER DIST 83.09 AVR-CAMERA CONDUIT INSTALLATION OLD BARN(BLGD A)BAKER ELECTRIC INC 3,570.00 APR' 22 AVR JIVE VOIP SERVICE & SUPPORTJIVE COMMUNICATIONS INC 678.07 RECREATION SERVICES TOTAL: 23,221.78
GF-AV RECREATION SERVICES TOTAL: 37,665.78
203 - GAS TAX

STREET MAINTENANCE
2/21-3/28/22 MTR #4551 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 105.58 2/21-3/28/22 MTR#6544 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 96.93 2/21-3/28/22 MTR #2066 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 84.80 STREET MAINTENANCE TOTAL: 287.31
GAS TAX TOTAL: 287.31
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
APR'22 E CITATION RECURRING COSTSCOUNTY OF ORANGE 384.97 APR'22 MDC RECURRINGCOUNTY OF ORANGE 4,011.56
APR'22 PVS RECURRINGCOUNTY OF ORANGE 1,838.97
APR'22 MDC REPLACEMENTCOUNTY OF ORANGE 1,627.11
APR'22 PVS REPLACEMENTCOUNTY OF ORANGE 1,136.46
APR'22 MOTORCYCLE REPLACEMENT COSTSCOUNTY OF ORANGE 64.60 APR'22 E CITATION REPLACEMENT COSTSCOUNTY OF ORANGE 183.56 LAW ENFORCEMENT-OTHER TOTAL: 9,247.23
PUBLIC SAFETY GRANTS TOTAL: 9,247.23
261 - CITY FAC.-AQUATIC CENTER
APR'22-AQ CTR-RETENTION FEESPREMIER AQUATIC SERVICES (1,625.00) -1,625.00

GEN-AQUATIC CENTER
3/19-4/18/22 ACCT #6701-AQ CTR-INTERNETCOX COMMUNICATIONS, INC 494.73 APR'22-AQ CTR-MANAGEMENT FEESPREMIER AQUATIC SERVICES 10,833.33 3/8-4/6/22 MTR#2349 AQ CTR GAS SERVICE PO#5503THE GAS COMPANY 3,045.11 2/14-3/21/22 MTR #6054 AQ CTR WATER SERVICEMOULTON NIGUEL WATER DIST 341.41 2/14-3/21/22 MTR#2996 AQ CTR WATER SRVMOULTON NIGUEL WATER DIST 226.69 MAR'22 AQ CTR-POOL CHEMICALSTHE ILLINI COMPANIES, INC 646.82 JAN-MAR'22-AQ CTR-MTR#4987 ELECTRICITYALISO VIEJO BANQUET CENTER LLC 2,514.13 REISSUE PMT-AQ CTR ROBOTIC POOL CLEANERALPHA WATER SYSTEMS INC 5,279.71 OCT'21 AQ CTR-HEAT EXCHANGER REPAIR SERVICEKNORR SYSTEMS INC 20,526.93 JAN'22 AQ CTR-MONTHLY POOL MAINTENANCEKNORR SYSTEMS INC 1,792.64 GEN-AQUATIC CENTER TOTAL: 45,701.50
CITY FAC.-AQUATIC CENTER TOTAL: 44,076.50
65 Description (Item)Vendor Name Amount
331 - CAPITAL IMPROVEMENTS

CAPITAL IMPROVEMENTS
DEC'21 AV RANCH SHADE STRUCTURESHADE STRUCTURES, INC 24,999.99 CAPITAL IMPROVEMENTS TOTAL: 24,999.99
CAPITAL IMPROVEMENTS TOTAL: 24,999.99
741 - RENEWABLE FARMS
MAR'22 RENEWABLE FARMS-RETENTION PAYMENTAARON FLORA (3,113.30) MAR'22 RENEWABLE FARMS-PAYMENTAARON FLORA 31,133.00
28,019.70
RENEWABLE FARMS TOTAL: 28,019.70
GRAND TOTAL: 1,010,104.82
66 City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Lizzy Mendoza, Recreation & Community Services Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR OUT-OF-SCHOOL

TIME PROGRAMS WITH THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY
Recommended Action:

Approve and authorize the City Manager to execute a professional services agreement with the Boys and Girls Clubs of Capistrano Valley for out-of-school time programs.

Fiscal Impact:

Services for out-of-school time programs are billed monthly, reflecting actual program costs, including program supplies and services, staff costs, benefit costs, and administrative costs, and shall not exceed $177,500 annually. Total compensation for the five-year term shall not exceed $887,500. There is a 12.7% increase in cost for services from Fiscal Year 2021-22.

Background:

On May 19, 2010, the Council approved a three-year agreement with the Boys & Girls Clubs of Capistrano Valley in an amount not to exceed $145,000 annually for recreation program services to be held at Iglesia Park Community Center. The agreement was amended to continue services for fiscal years 2012-13, 2013-14, 2014-15 with compensation not to exceed $152,500 annually. In 2015, the City entered into a 3-year agreement for recreation program services with the Boys & Girls Clubs of Capistrano Valley to be held at Iglesia Park Community Center with annual compensation not to exceed $157,500. In 2018, the City entered into a 3-year agreement for recreation program services with the Boys & Girls Clubs of Capistrano Valley to be held at Iglesia Park Community Center with annual compensation not to exceed $157,500 and two additional 1-year amendment options with rates subject to adjustment in accordance with the annual average Consumer Price Index of the prior calendar year. The agreement was amended to continue services for fiscal year 2021-22 without a rate adjustment due to the COVID-19 pandemic.
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Discussion:

The Aliso Viejo Branch of the Boys & Girls Clubs of Capistrano Valley was established at the Iglesia Park Community Center to provide year-round recreational programs for the youth of Aliso Viejo. Youth programs include a focus on activities revolving around academic success, health and life skills, character and leadership, safety, and DEIB (Diversity, Equity, Inclusion, and Belonging), games, crafts, field trips, homework club, computer lab, sports, fitness and nutrition, and social programs. Currently, the Aliso Viejo branch serves upwards of 325 children on a weekly basis. The program is staffed by the Boys & Girls Clubs of Capistrano Valley full and part-time employees, maintaining a staff to participant ratio of 1:20. Volunteers provide additional assistance with the program offerings.

Out-of-school time programs are offered Monday-Friday from school dismissal until 6:00 p.m. for children ages 6-12. The teen program is available Monday-Thursday from school dismissal until 7:00 p.m. and one Friday a month from 6:00 p.m. to 9:00 p.m. During the summer and spring recesses, hours of operation are expanded to include morning activities beginning at 8:00 a.m.

Although there are no fees charged for the drop-in program, all participants are required to become members of the Boys & Girls Clubs of Capistrano Valley at a cost of $125 for youths 6 to 12 years old per calendar year and $40 for teens 13 to 18 years old per calendar year. Financial aid and scholarships are available to families needing financial assistance so that no child is turned away.

A final 1-year amendment option is available for fiscal year 2022-23. The cost of the amendment is $165,375 for FY 2022-23, which accounts for a 5% CPI-U increase from the current rate. However, if the City exercises the amendment option, the Boys and Girls Club proposes a four (4) year agreement to begin in FY 2023-24. The total cost over the 5-year period, including the 2022-23 amendment year, would be $913,801.

The City received a second proposal for a new 5-year agreement with a set rate of $177,500 annually, totaling $887,500. The option to enter a 5-year term saves the City $26,301 over the life of the agreement when compared to exercising the amendment option and entering a new 4-year agreement beginning fiscal year 2023-24 per the proposal submitted by the Boys & Girls Club.

The Boys & Girls Clubs of Capistrano Valley has been a staple in the Aliso Viejo community since 2005. The organization continues to foster youth development, academic success, confidence, and responsibility while cultivating collaborative relationships with City staff to provide enriching experiences for the residents of Aliso Viejo. Staff continues to be impressed with the high quality of programs and professional level of service offered by the Boys & Girls Club. As such, staff recommends, the City Council approve a new five-year agreement with the Boys & Girls Clubs of Capistrano Valley for out-of-school time programs beginning fiscal year 2022-23. After the initial 5- year term, two additional 2-year extensions will be available subject to the annual average 68

Consumer Price Index of the prior calendar year, All Urban Consumers, Los Angeles- Long Beach-Anaheim, up to a maximum percentage of five percent (5%).

Attachment:

1. Agreement
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91 City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Lizzy Mendoza, Recreation & Community Services Manager SUBJECT: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WESTAMERICA COMMUNICATIONS, INC. FOR PRINTING

SERVICES
Recommended Action:

Approve and authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Westamerica Communications, Inc. for printing services for the “Aliso Viejo Community Connection” quarterly brochure.

Fiscal Impact:

The total fiscal impact is $110,260 for Fiscal Year 2022-23. This is a 5% increase from the previous fiscal year for printing services for the quarterly brochure.

Background:

The City has been using Westamerica Communications, Inc. for print services since July 2017. In Fall 2018, the City newsletter was rebranded as “Aliso Viejo Community Connection.” The “Aliso Viejo Community Connection” brochure features expanded content including the City Manager’s message, a special events corkboard, library services, What’s Happening in Aliso Viejo section, and recreation class information.

The City and Westamerica Communications, Inc. entered into the current agreement on July 1, 2019 which is for a three-year term with two optional one-year amendments. Since 2019, the total page count for the quarterly brochures has increased from thirty-two pages to forty-four pages due to the increase in recreation classes and camps. There are currently 25,000 copies printed and mailed to Aliso Viejo postal customers and distributed to City facilities including Aliso Viejo Ranch, Aliso Viejo Aquatic Center, Iglesia Park Community Center and City Hall. Additional copies are dispersed at the library, expos, and special events.
92 Discussion:

Staff has been extremely pleased with the printing services performed by Westamerica Communications, Inc. The scope of work includes specialized services consisting of proofreading and consulting which have been a great benefit to the City. In addition to producing exceptional quality products, the firm provides top notch customer service, is highly responsive, flexible, and collaborative.

Staff recommends City Council approve a one-year agreement amendment to continue printing services for the “Aliso Viejo Community Connection” quarterly brochure with Westamerica Communications, Inc. for Fiscal Year 2022-23, after which staff plans to negotiate a new three-year agreement term for printing services.

Attachment:

1. Agreement Amendment
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99 City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Lizzy Mendoza, Recreation & Community Services Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH CABCO YELLOW, INC.

FOR SENIOR TRANSPORTATION SERVICES
Recommended Action:

Approve and authorize the City Manager to execute the Professional Services Agreement with Cabco Yellow, Inc., DBA California Yellow Cab for senior transportation services under the Senior Mobility Program.

Fiscal Impact:

The agreement provides compensation to Cabco Yellow, Inc., DBA California Yellow Cab for senior transportation services in an amount not to exceed $40,902 annually for a total of $193,867 for a five-year term. For Fiscal Year 2022-23 and 2023-24, services are to be billed monthly at a rate of $17.50 per one-way trip. For Fiscal Years 2024-25, 2025- 26, and 2026-27, the rate is expected to increase to $20.00 per one-way trip. The Senior Transportation Program is free for participants.

Eighty percent of funding for the City’s Senior Transportation Program is provided by the Orange County Transportation Authority’s (OCTA) Measure M2 Senior Mobility Program.

Measure M2 Senior Mobility Funds in the amount of $29,965 have been forecasted for Fiscal Year 2022-23. Measure M2 Senior Mobility Funds are projected annually. The funding allocation for Aliso Viejo for the next five years is projected to be a total of $161,556.

Twenty percent of funding for the City’s Senior Transportation Program is provided through City matched funds. For fiscal year 2022-23, that amount is expected to be $5,993, and by fiscal year 2026, City matching funds are expected to be $6,817. For the life of the agreement, it is expected that the City will fund $32,311 for senior transportation.

Background:

The Senior Mobility Program is designed for Orange County cities to provide their senior residents with transportation services that are locally oriented, personalized, and flexible. 100
The OCTA Board of Directors originally established it in October 2001 to assist Orange County cities in providing local transportation services to residents 60 years and older.

The City of Aliso Viejo entered into a cooperative agreement with OCTA in August 2013, effectively establishing the Senior Mobility Program. As part of the cooperative agreement with OCTA, the City is to provide transportation services to local community and senior centers to participate in senior programs, including nutrition.

Funding for the Senior Mobility Program comes from Measure M2, Orange County’s local ½ cent transportation sales tax measure. Project U in M2 provides funding for senior and disabled programs, including the Senior Mobility Program. As provided in Orange County Local Transportation Authority (OCTA) Ordinance No. 3, one percent of net revenue is allocated to continue and expand the Senior Mobility Program. These funds are apportioned to all Orange County cities and to the County of Orange according to a formula based on each jurisdiction’s share of Orange County’s population 60 years of age and older.

During FY 2021-22, 146 one-way trips were completed through the City of Aliso Viejo Senior Transportation Program. The current program provides transportation to and from Aliso Viejo Ranch for recreation programs and services; Aliso Viejo City Hall, Aliso Viejo Library, Iglesia Park Community Center, Sea Country Senior and Community Center in Laguna Niguel, and the Florence Sylvester Senior Community Center in Laguna Hills for their senior programs, including, but not limited to the senior nutrition programs.

Discussion:

As part of the cooperative agreement with OCTA, the City is to provide transportation services for residents 60 years of age and older to local community and senior centers to participate in senior programs, including nutrition. In March 2018, Staff published a Request for Proposals (RFP) for Senior Transportation Services, and by the April 10, 2018, close date, three proposals were received. A three-member Selection Committee reviewed and rated each submission. Proposals were evaluated and scored for both technical qualifications and price. After conducting an interview and review of the proposals, the agreement was awarded to California Yellow Cab.

California Yellow Cab has been a senior transportation services provider in South Orange County since 2003. Currently, the firm provides Senior Transportation Services as part of the OCTA Senior Mobility Program to, Laguna Niguel, Laguna Woods, Laguna Hills, Lake Forest, Rancho Santa Margarita, Mission Viejo, and San Clemente.

Additionally, California Yellow Cab provides senior transportation services to several other Orange County cities, including; Irvine, Costa Mesa, Brea, Villa Park, Fullerton, Garden Grove, Cypress, Orange, Yorba Linda, Seal Beach, and Fountain Valley.

City staff regularly speaks with participants and conducts surveys on program satisfaction. Participants have been extremely satisfied with the level of service provided by California Yellow Cab. California Yellow Cab continues to abide by all of the guidelines 101
set by OCTA and meets the deadlines for the monthly, quarterly, and annual reports without issues.

California Yellow Cab offers both scheduled and on-demand transportation service to Aliso Viejo residents Monday-Friday from 9 a.m. to 4 p.m., excluding City holidays. The firm maintains a network of highly skilled drivers who have completed specialized training to transport seniors and disabled persons. Additionally, during their previous agreement term, California Yellow Cab demonstrated that it has excellent resources for flexible scheduling, reporting, expansion, and customer service.

Attachment:

1. Agreement
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City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Lizzy Mendoza, Recreation & Community Services Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL JUE FOR

GRAPHIC DESIGN SERVICES
Recommended Action:

Approve and authorize the City Manager to execute a Professional Services Agreement with Michael Jue for graphic design services.

Fiscal Impact:

Services for graphic design are billed per project at an hourly rate of $75. Total compensation for the three-year term shall not exceed $85,000. There is no increase from the previous term.

Background:

Since 2017, Michael Jue has been providing graphic design services for the City. Services include designing the City’s quarterly “Aliso Viejo Community Connection” brochure, event flyers, print and digital advertisements, and several special projects.

Discussion:

Staff has been extremely pleased with the graphic design work performed by Michael Jue. Mr. Jue has demonstrated exceptional design skills, offers custom tailored services to the City, understands the City’s branding efforts, and has proven to be collaborative, creative, and responsive. Staff recommends the City Council approve and authorize the City Manager to execute the agreement with Michael Jue for graphic design services for the City of Aliso Viejo.

Attachment:

1. Agreement
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City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: CONTRACT AWARD TO CT CONSTRUCTION SERVICES, INC. FOR

INSTALLATION OF CONCRETE SOUND BARRIER AT ALISO VIEJO
FARM
Recommended Actions:

1. Award a contract in the amount of $83,237.42 to CT Construction Services, Inc. for the Sound Barrier Wall project;

2. Authorize the City Manager to execute a contract with CT Construction Services, Inc.;

3. Authorize City staff to make total compensation to CT Construction Services, Inc. up to $83,237.42 plus $8,324 (10% of the contract amount) to allow for contingencies, totaling $91,561.42; and

4. Appropriate $55,000 from General Fund Reserves.

Fiscal Impact:

Funds were included in the mid-year budget as a placeholder for these improvements, but quotes had not yet been received. The additional appropriation of $55,000 from General Fund Reserves will ensure the completion of the sound barrier wall.

Background:

The Aliso Viejo Ranch and Farm have been in operation for just under one year. During this time staff received some feedback from residents regarding the sound levels at the Farm. Several studies and recommendations to help mitigate this have been reviewed and are starting to be implemented.

Discussion:

Two of the recommendations to lower sound levels were to upgrade the speakers and install a sound barrier wall behind the reception area. The upgraded speakers have been 147

on site as a test for a few weeks and did help reduce the lower bass tones at the adjacent homes. These speakers could be purchased and installed for about $15,000. Staff is recommending waiting until the wall is completed to test the existing speakers and determine if upgraded speakers are necessary.

The second recommendation was to install a concrete sound barrier behind the reception trellis. This wall should effectively block the direct sound waves travelling towards the residential area, but should be noted, will not eliminate all sounds.

Following the structural engineering design and permitting, this work is scheduled to be completed within 4-5 weeks, including the prep work of relocating the utilities, irrigation modifications and final landscape restoration, all being performed by the City’s on-call contractors.

Gold Coast Farms is in support of the project and has agreed to allow weekday construction without any event cancellations or reduced bookings. A temporary screening fence will be utilized for safety and to help aesthetics during the work.

Staff respectfully recommends approval of the recommend actions.

Attachment:

1. Contract
148

CITY OF ALISO VIEJO
Sound Barrier Wall Project

CONTRACT DOCUMENTS

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SECTION 00500

CONTRACT

SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 20 2_, in the County of Orange, State of California, by and between the City of Aliso Viejo hereinafter called City, and CT Construction Services, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contra ct Documents as specified in Article 5 below for the following Project:

SOUND BARRIER WALL PROJECT
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COM PLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within forty (40) calendar days from the commencement date stated in the Notice to Proceed (the “Contract Time”). By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Eighty Three Thousand, Two Hundred Thirty Seven Dollars and 42/100 ($83,237.42) (the “Contract Price”) . Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. Notwithstanding any other provisions of the Contract Documents, for contracts in excess of $25,000.00, the City Manager may approve additional work not to exceed 10% of the original Contract amount, Eight Thousand Three Hundred Twenty Four Dollars ($8,324.00), as set forth in this Article 3. Any additional work in excess of this amount shall be approved by the City Council.

ARTICLE 4. LIQUIDATED DAMAGES . The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, as provided in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by 150

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law. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:

Contractor’s Certificate Regarding Workers’ Compensation form Iran Contracting Act Certification form
Contract
General Conditions
Special Conditions
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW . Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the Calif ornia Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the office of the City Engineer or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

ARTICLE 9. DECLARATION OF POLITICAL CONTRIBUTIONS. Prior to the City ’s approval of this Contract, Contractor 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 Contractor and all of Contractor ‘s employees, including any employee(s) that Contractor intends to assign to perform work on the Project.

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IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written.

CITY OF ALISO VIEJO CT CONSTRUCTION SERVICES, INC.

By:

David A. Doyle
City Manager

By:

Craig Tokarski
President

If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary OR
Treasurer REQUIRED]
Attest: By:

By:

Mitzi Ortiz, MMC
City Clerk

Classification of Contractor’s License

Approved as to Form:

By:

Best Best & Krieger LLP
City Attorney
Approved as to Compliance with Budget:

By:

Department of Financial Services

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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 Contractor and all of Contractor’s employees, including any employee(s) that applicant intends to assign to perform work on the Project:

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.

END OF CONTRACT
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SECTION 00405
CONTRACTOR’S CERTIFICATE
REGARDING WORKERS’ COMPENSATION

SECTION 00405
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provis ions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name
Title
Dated
END OF CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION 154
60367.01100\33491410.1

31 SECTION 00450
Iran Contracting Act Certification

SECTION 00450

IRAN CONTRACTING ACT CERTIFICATION
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
□ The Contractor is not:
(i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with s ubdivision (b) of Public Contract Code Section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engagin g in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the e nergy sector in Iran.
□ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. □ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signed:

Titled:

Firm:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

END OF IRAN CONTRACTING ACT CERTIFICATION
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SECTION 00700

GENERAL CONDITIONS
SECTION 1. DEFINITIONS

1.1 Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or City.

1.2 Act of God is an earthquake in excess of a magnitude of 3.5 on the Richter scale and tidal waves.

1.3 Approval means written authorization by Engineer and/or City .

1.4 Change Order means a document that authorizes an addi tion, deletion, or revision in The Work or an adjustment in the Contract Price or the Contract Times, issued on or after the effective date of the Contract, in accordance with the Contract Documents a nd in the form contained in the Contract Documents.

1.5 Contract Documents includes all documents as stated in the Contract.

1.6 Contract Price is the amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of T he Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

1.7 Contract Time is the number of days or the dates stated in the Contract Documents to:
achieve defined milestones, if any; and to complete T he Work so that it is ready for final payment.

1.8 City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.

1.9 Critical Supply Shortage means an unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials fr om all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the tim e it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

1.10 Day shall mean calendar day unless otherwise specifically designated.

1.11 Engineer shall mean the City Manager, or his or her designee, of the City, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to a s “City’s Representative” or “Representative” in the Contract Documents. 156

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1.12 Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.

1.13 Force Majeure Event means an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Project site; (2) terrorism or other acts of a pub lic enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quaranti ne restrictions; (5) strikes and other organized labor action occurring at the Project site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, o f every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage.

For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and or ders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

1.14 Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings , unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.

1.15 Install means the complete installation of any item, equipment or material.

1.16 Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.

1.17 Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.

1.18 Project is The Work planned by City as provided in the Contract Documents.

1.19 Provide shall include provide, complete in place, that is furnish, install, test and make ready for use.

1.20 Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.

1.21 Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sect ions 1-9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2015 Edition which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof.
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1.22 The Work means the entire improvement planned by City pursuant to the Contract Documents.

1.23 Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

SECTION 2. CONTRACT DOCUMENTS

2.1 Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.

2.2 Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

2.2.1 Change Orders or Work Change Directives, the most recent first

2.2.2 Addenda

2.2.3 Environmental documents and approvals

2.2.4 Permits from other agencies as may be required by law

2.2.5 Contract

2.2.6 Special Provisions (or Special Conditions)

2.2.7 Technical Specifications

2.2.8 Plans (Contract Drawings)

2.2.9 General Conditions

2.2.10 Instructions to Bidders

2.2.11 Notice Inviting Bids

2.2.12 Contractor’s Bid Documents

2.2.13 Greenbook

2.2.14 Standard Plans

2.2.15 Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:

2.2.1 Figures govern over scaled dimensions

2.2.2 Detail drawings govern over general drawings
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2.2.3 Addenda or Change Order drawings govern over Contract Drawings

2.2.4 Contract Drawings govern over Standard Drawings

2.2.5 Contract Drawings govern over Shop Drawings

2.3 Conflicts in Contract Documents . Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply.

2.4 Organization of Contract Documents . Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.

SECTION 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, three (3) copies of the Contract Documents.

Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.

SECTION 4. DETAIL DRAWINGS AND INSTRUCTIONS

4.1 Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer in writing of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes th e performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.

4.2 Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

4.3 Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such written Approval as may be necessary for the proper performance of Work.

4.4 Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense. 159

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SECTION 5. EXISTENCE OF UTILITIES AT THE WORK SITE

5.1 Existing Utilities

5.1.1 City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.

However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, s uch as buildings, cleanouts, meter and junction boxes, on or adjacent to the Project site.

5.1.2 Notwithstanding the above, pursuant to Section 4215 of the Government Code, City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work.

5.1.3 If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer w ill supply a method for correcting said interferences in accordance wit h the responsibilities of this Section and Government Code section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay.

5.2 Utility Location

5.2.1 It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify City in writing of any utility discovered in a different position than s hown on the Plans or which is not shown on the Plans.

5.2.2 It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which t he Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contr actor does not expose all such existing utilities as required by this Section.

5.2.3 The locating of utilities shall be in co nformance with Government Code s ection 4216 et seq. except for the City’s utilities located on the City’s property and not on public righ t-of-way. Contractor, except in an emergency, shall contact the 160

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appropriate regional notification center, Southern California Underground Service Alert at 1 -800-227-2600 at least two working days prior to commencing any excavation if the excavation will b e performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by City, and obtain an inquiry identification number from that notification center. No excava tion shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and City has been given the identification number by the Contractor.

5.3 Utility Relocation and Repair

5.3.1 Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed.

5.3.2 All water meters, water valve s, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work.

5.3.3 Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience s hall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

5.4 Construction at Existing Utilities

5.4.1 Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cabl e; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

5.4.2 Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the Engineer will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain ut ilities during the progress of T he Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

SECTION 6. SCHEDULE
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6.1 General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) formal and in an electronic scheduling program acceptable to the City.

Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versio ns shall be in the format and include all data used to prepare the schedule; pdf. Copies are not acceptable.

6.2 Schedule. Within fourteen (14) Days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule for the performance o f the Work and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsib le to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any in accuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract T ime period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.

6.3 Schedule Contents. The schedule shall allow enough time for inclement weather that can be reasonably expected at the Project site . The schedule shall ind icate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non - critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the Contract Time. Schedule duration shall match the Contract T ime. Schedules indicating early completion will be rejected.

6.4 Schedule Updates. Contractor shall continuously update its construction schedule to show the actual status of the Work and incorporate changes in the Work . Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

SECTION 7. SUBSTITUTIONS

7.1 Pursuant to Public Contrac t Code s ection 3400(b) City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.

7.2 Unless specifically designated in the Contract Documents, whenever any materi al, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired a nd shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, City may have adopted certain uniform standards for certain materials, processes and articles.
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7.3 Contractor shall submit written requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty -five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article without adjustment to the Contract Price or Contract Time. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.

7.4 Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and othe r relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include info rmation regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to City in a timely fashion will result in the rejection of the proposed substitution.

7.5 The Contractor shall bear all of City’s costs associated with the review of substitution requests.

7.6 The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.

7.7 Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

SECTION 8. SHOP DRAWINGS

8.1 Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal.

8.2 Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval. Engineer’s Approval of 163

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shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

SECTION 9. SUBMITTALS

9.1 Contractor shall furnish to the Engineer f or approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents . The log shall indicate whether samples will be provided in accordance with other provisions of th e Contract Documents.

9.2 Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.

9.3 These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with infor mation given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

9.4 Contractor shall not be entitled to any extension of the Contract Time on account of the requirements of this Section.

SECTION 10. MATERIALS

10.1 Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilitie s of every nature whatsoever necessary to execute and complete this Contract within the Contract Time.

10.2 Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

10.3 Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.

10.4 No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to City free from any claims, liens, or charges.

10.5 Materials shall be stored on the Project site in such manner so as not to interfere with any operations of City or any independent contractor.

10.6 Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for 164

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Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with The Work.

SECTION 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full -time Project superintendent approved by City. Superintendent must be able to proficiently speak, read and write in English. Superintendent shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

SECTION 12. WORKERS

12.1 Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors. Contractor shall not employ or allow subcontractors to employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

12.2 Any person in the employ of the Contractor whom City may deem incompetent or u nfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of City.

SECTION 13. SUBCONTRACTORS

13.1 Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and City.

13.2 City reserves the right to Approve all subcontractors. City’s Approval of a ny subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

13.3 Prior to substituting any subcontractor listed in the Bid Documents , Contractor must comply with the requirements of the Subletting a nd Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

SECTION 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents.

14.1 Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and permits for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than City.
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14.2 The Contractor shall arrange and pay for all off -site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing aut horities, except for such off -site inspections delineated as City’s responsibility pursuant to the Contract Documents.

14.3 Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to City.

SECTION 15. UTILITY USAGE

15.1 All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.

15.2 Contractor shall provide necessary and adequate utilities and pay a ll costs for water, electricity, gas, oil, and sewer charges required for completion of the Project including but not limited to startup and testing required in the Contract Documents.

15.3 All permanent meters Installed shall be listed in the Contractor’s name until Project Acceptance.

15.4 If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of City, use City’s existing utilities by compensating City for utilities used by Contractor.

SECTION 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by City. Contractor shall be responsible for arranging the payment of suc h fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by City. Contractor may either request reimbursement from City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.

SECTION 17. TRENCHES

17.1 Trenches Five Feet or More in Depth. The Contractor shall submit to City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the haza rd of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations and all costs therefor shall be included in the Contract Price. Nothing in this Section shall be deemed to allow t he use of a shoring, bracing, sloping or other protective system less effective than that required by the Construction Safety Orders.

Nothing in this section shall be construed to impose a tort liability on the owner, any of its officers, officials, partn ers, employees, agents, consultants or volunteers. The City’s review of the Contractor’s excavation plan is only for general conformance to the 166

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Construction Safety Orders and does not relieve the Contractor of any obligation hereunder. Prior to commencin g any excavation, the Contractor shall designate in writing to the City the “competent person(s)” with authority and responsibilities designated in the Construction Safety Orders.

17.2 Excavations Deeper than Four Feet . If work under this Contract involves dig ging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:

17.2.1 Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

17.2.2 Subsurface or latent physical conditions at th e site differing from those indicated by information made available to bidders prior to the deadline for submitting bids.

17.2.3 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally re cognized as inherent in work of the character provided for in the Contract.

City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

SECTION 18. DIVERSION OF RECYCLABLE WASTE MATERIALS [**CITY SHOULD REVIEW ARTICLE FOR COMPLIANCE WITH LOCAL WASTE DIVERSION ORDINANCES**] In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to ap propriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

SECTION 19. REMOVAL OF HAZARDOUS MATERIALS
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19.1 Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials (as defined in section 25117 of the Health and Safety Code) (collectively “Hazardous Materials”) which have not been rendered harmless at the Pr oject site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate Hazardous Materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

19.2 The City shall not be responsib le for any Hazardous Materials brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges Hazardous Materials onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs Hazardous Materials ident ified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

SECTION 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall c omply with all applicable federal, state, and local codes ordinances, and regulations.

Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a q uantity of not less than 1 per 20 workers as required by CAL -OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shal l not be permitted. Any other s anitary facilities required by CAL-OSHA shall be the responsibility of the Contractor.

SECTION 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equi pment and/ or providing services, including but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management City with jurisdiction over the Project and/ or California Air Resources Board (CARB). Contractor shall spec ifically be aware of the application of these limits and requirements to “portable equipment” which definition is considered to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by the air quality management City, CARB, or any other governmental or regulatory agency for its violations of applicable laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the General Conditions.

SECTION 22. WATER QUALITY MANAGEMENT AND COMPLIANCE

22.1 Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Work. Contractor hereby acknowledges that it has investigated the risk 168

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arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

22.2 Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S. C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California Regional Water Quality Control Boards (Santa Ana and San Diego Regions) Order NO. R8 -2009-0030, Order NO. R9 -2009-0002, Order NO.

R8-2009-0045, Order NO. R9 -2008-0002, and State Water Resources Control Board Order NO. 2010-0014-DWQ and Order NO. 2009-0009-DWQ.

22.3 Contractor shall comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or watercourses, including all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Aliso Viejo Local Implementation Plan (“LIP”). Sections 5, 7, and 8 of the DAMP contain requirements related to desi gn and construction of public projects. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/StormWater/documents_damp.asp A copy of the LIP is available on the internet at:
______________________________________________________

22.4 Contractor shall be required to comply with all aspects of the State Water Resources Control Board (“State Board”) Water Quality Order No. 2009 -0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (“Construction General Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.

22.5 City may require Contractor to file the Notice of Intent (“NOI”) and obtain coverage for the Project under the Construction General Permit. This may include filing all necessary documentation i ncluding the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limi ted to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. City retains the right to develop its own documentation for the project site, 169

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including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. Specific requirements for the Work site shall be set forth in the Special Conditions. Contractor shall include all costs of compliance with specified requirements in the Contract amount.

22.6 For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with California Regional Water Quality Control Board Order NO. R8 -2009-0030 and Order NO. R9 -2009-0002 and the City’s LIP and Orange County DAMP.

22.7 Notwithstanding the above, before any PRDs, SWPPP, or other Construction General Permit related document may be submitted to the State Water Resources Control Board or implemented on the Work site, it must first be reviewed and approved by the City and/or the City’s de signee. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be th e City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.

22.8 Failure to comply with laws, regulations, and o rdinances listed in this Section 22 is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authori zed volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

22.9 City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

22.10 City may seek damages from Contractor for delay in completing the Work in accordance with the Contract Documents, caused by Contr actor’s failure to comply with the laws, regulations and policies described in this Section 22, or any other relevant water quality law, regulation, or policy.

SECTION 23. CLEANING UP

23.1 Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about 170

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the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware a nd similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.

23.2 Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, City may do so and the cost of such clean up shall be charged back to the Contractor.

SECTION 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a registered civil engineer Approved by the Engineer. Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer.

SECTION 25. EXCESSIVE NOISE

25.1 The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.

25.2 The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, in cluding hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffe ctive or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

SECTION 26. TESTS AND INSPECTIONS

26.1 If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than City, Contractor shall promptly inform City of the d ate fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City inspection shall be paid by City. Costs of tests for Work found not to be in compliance with the Contract Doc uments or applicable laws and regulations shall be paid by the Contractor.
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26.2 If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal w orking hours from 7:00 a.m. to 5 :00 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval.

26.3 If any Work is done or covered up without the requi red testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents, at the Contractor’s cost.

26.4 Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by City, and not by Contractor. All tests or inspection s of materials shall be made in accordance with the commonly recognized standards of national organizations.

26.5 In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify City so that City ma y arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work.

26.6 If the manufacture of materials to be inspected or tested will occur in a plant or locati on outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

26.7 Reexamination of Work may be ordered by City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, City shall pay the costs of reexamination and reconstruction. If such work is found not to be i n accordance with the Contract Documents, Contractor shall pay all costs.

SECTION 27. PROTECTION OF WORK AND PROPERTY

27.1 The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of la teral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly m aintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

27.2 In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or City. Any compensation claimed by 172

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Contractor on account of emergency work shall be determined by and agreed upon by City and the Contractor in accordance with Section 45 of these General Conditions.

27.3 Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

27.4 Contractor shall take adequate precautions to protec t existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:

27.4.1 Enclose the working area with a sub stantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

27.4.2 Provide substantial barricades around any shrubs or trees indicated to be preserved.

27.4.3 Deliver materials to the Project site over a route designated by the Engineer.

27.4.4 Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.

27.4.5 Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with it s materials.

27.4.6 Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to City.

27.4.7 Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to City.

27.4.8 Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.

27.4.9 At the completion of work each day, leave the Project site in a clean, safe condition.

27.4.10 Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

27.5 These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety 173

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and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

27.6 Should damage to persons or property occur as a result of The Work, Contractor shall promptly notify the City in writing and be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. City shall be entitled to inspect and copy any such documentation, video, or photographs.

SECTION 28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor’s means and methods deviate from commonl y used industry standards.

SECTION 29. INSPECTOR’S FIELD OFFICE

29.1 If indicated on the plans or on the bid schedule, t he Contractor shall be responsible for providing the inspector’s field office. The Office shall be a substantial waterproof construction with adequate n atural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, high speed internet connection, and a fax machine at Contractor’s expense.

29.2 A table satisfactory for the study of plans and two chairs shall be Provided by Contractor.

Contractor shall Provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

SECTION 30. AUTHORIZED REPRESENTATIVES
City shall designate representatives, who shall have the right to be present at the Project site at all times. City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents or excuse the Contractor from performing in accordance with the Contract Documents . The inspector shall not be responsible for the C ontractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

SECTION 31. HOURS OF WORK

31.1 Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty -five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) ho urs in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815.

31.2 The Contractor and every subcontractor shall keep an accur ate record showing the name of and actual hours worked each calendar day and each calendar week by each 174

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worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hour s to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

31.3 Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m.

31.4 Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City.

31.5 It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on Sundays and City-observed holidays, unless otherwise Approved by the Engineer:

31.5.1 Powered Vehicles

31.5.2 Construction Equipment

31.5.3 Loading and Unloading Vehicles

31.5.4 Domestic Power Tool.

SECTION 32. PAYROLL RECORDS

32.1 Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name , address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor s hall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate.

Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

32.2 In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner und er Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

32.3 Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated da mages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or 175

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liability arising out of stop orders issued by the DIR against Contract or or any subcontractor.

32.4 The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:

32.4.1 A certified copy of the employee ’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

32.4.2 A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

32.5 Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

32.6 Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's n ame, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.

32.7 In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit One Hundred Dollars ($100.00) for each Day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.

SECTION 33. PREVAILING RATES OF WAGES

33.1 The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates a nd the performance of other requirements on certain “public works” and “maintenance” projects.

Since this Project involves an applicable “ public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/.

In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, i ndemnify and hold City, its elected officials, officers, employees and agents free and harmless 176

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from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

33.2 The Contractor and each subcontractor shall forfeit , as a penalty to City , not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

33.3 Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

SECTION 34. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non -compliance pursuant to Labor Code section 1777.7.

SECTION 35. LABOR COMPLIANCE

35.1 This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It sha ll be the Contractor ’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law.

35.2 Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subc ontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. T he Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

SECTION 36. CONTRACTOR AND SUBCONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DI R. Contractor shall maintain a current registration for the 177

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duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.

SECTION 37. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors sh all not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure th at employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

SECTION 38. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid t reatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

SECTION 39. INSURANCE

39.1 Commercial General Liability Insurance.

39.1.1 Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury – which may arise from or out of Contractor’s operations, use, and management of the Project sit e, or the performance of its obligations hereunder. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggr egate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

39.1.2 Such policy shall comply with all the requirements of this Section. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City, and shall not preclude City from taking such other actions available to City under other provisions of the Contract Documents or law.

39.1.3 Contractor shall make certain that any and all subcontractors hir ed by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by City as a result thereof.
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39.1.4 All general liability policies provided pursuant to the provisions of this Section shall comply with the provisions of the Contract Documents.

39.1.5 All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non -owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, City may require additional coverage to be purchas ed by Contractor to restore the required limits.

Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

39.2 Automobile Liability Insurance. Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance in the amount of, at least, one million dollars ($1,000,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for non -owned and hired vehicles, in a form and with insurance companies acceptable to City. Such insurance shall comply with the provisions of ARTICLE 42 below.

39.3 Workers’ Compensation Insurance. The Contractor shall provide, during the life of this Contract, workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Project site, and, in case any of su blet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Project site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to City, if in the form and coverage as set forth in the Contract Documents.

39.4 Employer’s Liability Insurance . Contractor shall provide during the life of this Contract, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a cert ificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of City.

39.5 Builder’s Risk [“ALL RISK”].
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39.5.1 It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [ “All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures which are a part of the Contract and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. City accepts no responsibility until the Contract is formally accepted by the City Council for The Work. The Contractor is required to file with City a certificate evidencing fire insurance coverage.

39.5.2 Provide insurance coverage on completed value form, all -risk or special causes of loss coverage.

A. Insurance policies shall be so conditioned as to cove r the performance of any extra work performed under the Contract.

B. Coverage shall include all materials stored on site and in transit.

C. Coverage shall include Contractor’s tools and equipment.

D. Insurance shall include boiler, machinery and material hoist coverage.

E. Such insurance shall comply with the provisions of the Contract Documents.

39.6 Form and Proof of Carriage of Insurance.

39.6.1 Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do busi ness in the State of California unless waived, in writing, by City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self - insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from City. At the election of City the Contractor shall either 1) reduce or eliminate such deductibles or self -insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

39.6.2 Contractor shall cause its insurance carrier(s) to furnish City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by City’s Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect, Ci ty of Aliso Viejo , its officials and officers, employees, agents or representatives are named as Additional Insureds and Provide a Waiver of Subrogation in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the c ovenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to the Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original 180

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policies, includi ng all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under this Agreement unt il City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

39.6.3 It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insuran ce and policies shall so covenant and shall be construed as primary, and City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

39.6.4 City reserves the right to adjust the monetary limi ts of insurance coverage’s during the term of this Contract including any extension thereof -if in City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

39.6.5 Contractor shall pass down the insurance obligations contained herein to all tiers of sub-contractors working under this Contract.

SECTION 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

40.1 Time for Completion . Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the Contract Time. The City is under no obligation to consider early completion of the Project; and the Contract comple tion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited t o indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

40.2 Liquidated Damages . If The Work is not completed within the Contract Time, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liqui dated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be ret ained to cover liquidated damages.

40.3 Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
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40.4 Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City -caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liqu idated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). The City shall ascertain the facts and extent of delay an d grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor.

40.5 Force Majeure. In accordance with subparagraph 40.4 above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a For ce Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non -compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

40.6 No Damages for Reasonable Delay. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any cost s which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

40.7 Procedure for Time Extensions and Delay Damages. Contractor shall within seven (7) Days of identif ying any such delay notify the City in writing of causes of delay.

Contractor shall not be entitled to any extension of time unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with these Ge neral Conditions . Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension.

SECTION 41. COST BREAKDOWN AND PERIODIC ESTIMATES

41.1 Contractor shall furnish on forms Approved by City:

41.1.1 Within ten (10) Days of award of the Contract a detailed Schedule of Values giving a complete breakdown of the Contract Price, if the Contract Price is lump sum. The Schedule of Values shall be adjusted as directed by the City

41.1.2 A monthly itemized estimate of Work done for the purpose of making progress payments. In order for City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estima te of the value thereof before the tenth (10th) Day of the following month.
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41.1.3 Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.

41.1.4 Following City’s Acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request.

41.1.5 City shall have the right to adjust any estimate of quantity and to subs equently correct any error made in any estimate for payment.

41.2 Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

SECTION 42. MOBILIZATION

42.1 When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilizatio n,” payment for such costs will be deemed to be included in the other items of The Work.

42.2 Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mo bilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items (as applicable to The Work):

42.2.1 Obtaining and paying for all bonds, insurance, and permits.

42.2.2 Moving on to the Project site of all Contractor’s plant and equipment required for first month’s operations.

42.2.3 Installing temporary construction power, wiring, and lighting facilities.

42.2.4 Establishing fire protection system.

42.2.5 Developing and installing a construction water supply.

42.2.6 Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.

42.2.7 Providing on -site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.

42.2.8 Providing on -site sanitary facilities and pota ble water facilities as specified per Cal-OSHA and these Contract Documents.
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42.2.9 Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

42.2.10 Arranging for and erection of Contractor’s work and storage yard.

42.2.11 Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.

42.2.12 Full-time presence of Contractor’s superintendent at the job site as required herein.

42.2.13 Submittal of construction schedule as required by the Contract Documents.

SECTION 43. PAYMENTS

43.1 City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the Contractor shall be paid a sum equal to ninety percent (90%) of the value of the Work performed up to the last day of the previous month, less the aggregate of previous payments.

43.2 The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.

43.3 Unless otherwise required by law, the final payment of five percent (5%) of the valu e of the Work (or ten percent (10%) in the event the City has adopted a finding that the Work under the Contract is substantially complex), if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completi on or as required by Public Contract Code section 7107.

43.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against City arising from this Contract.

43.5 Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.

43.6 The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Cod e Section 8132, 8132, 8136 and 8138. Prior to final payment by the City, the Contractor shall submit a final conditional waiver of lien for 184

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the Contractor’s work, together with unconditional releases of lien from any subcontractor or materialmen.

SECTION 44. PAYMENTS WITHHELD AND BACKCHARGES

44.1 In addition to amounts which City may retain under other provisions of the Contract Documents, City may withhold payments due to Contractor as the City may consider to be necessary to cover:

44.1.1 Stop notice claims.

44.1.2 Defective work not remedied.

44.1.3 Failure of Contractor to make proper payments to its subcontractors or suppliers.

44.1.4 Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.

44.1.5 Damage to another contractor or third party.

44.1.6 Amounts which may be due City for claims against Contractor.

44.1.7 Failure of Contractor to keep the record (“as-built”) drawings up to date.

44.1.8 Failure to provide updates on the construction schedule.

44.1.9 Site clean-up.

44.1.10 Failure of the Contractor to comply with require ments of the Contract Documents.

44.1.11 Liquated damages.

44.1.12 Legally permitted penalties.

44.2 Upon completion of the Contract, City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.

SECTION 45. CHANGES AND EXTRA WORK

45.1 Change Order Work.

45.1.1 City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract Price and Contract T ime being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor’s agreement therewith, including any adjustment in t he Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 185

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45.1.2 All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein.

No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in q uestion has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor.

Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all term s, conditions and provisions of the original Contract.

45.1.3 Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order f or work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

45.1.4 Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

45.2 Process for Determining Adjustments in Contract Price

45.2.1 Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract T ime, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City , unless City requests that proposals be submitted in less than seven (7) Days.

45.2.2 Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.

45.2.3 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and City.

45.2.4 Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by City, including, but not limited to, estimates and quotations from subcontractors or material suppliers, as City may reasonably request..

45.2.5 If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as r equested), City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the Contract Price and/ Contract Time in accordance with City’s estimate. If the change is issued based on City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following 186

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completion of the added/deleted work, the Contractor presents written proof that City’s estimate was in error.

45.2.6 Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:

A. Labor. The costs of labor will be the actual cost for wages prevaili ng locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or loca l laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.

B. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (1 5) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion.

C. Tool and Equipment Use . No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less.

Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

D. Overhead, Profit and Other Charges . The mark -up for overhead (including supervision and home and field office costs ) and profit on work added to the Contract shall be according to the following:

1. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. T he costs of applicable insurance and bond premium will be
reimbursed to the Contractor and subcontractors at cost only, without mark-up. Contractor shall provide City with documentation of the costs, including but not limited to payroll records, invoices and such other information as City may reasonably request.

2. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.

3. For Work performed by a subcontractor, the a dded cost for overhead and profit shall not exceed fifteen (15%) percent of the 187

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Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor’s Net Cost.

4. For Work performed by a sub -subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor.

5. No additional markup will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty -five (25%) percent of the Net Cost as defined herein.

45.2.7 All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensat ion for: submittals, drawings; field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; general administration and preparation of co st proposals, schedule analysis, change orders, and other supporting documentation; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incident als and consumables; temporary on -site facilities (offices, telephones, internet access, plumbing, electrical power, lighting; platforms, fencing, water), jobsite and home office overhead or other expenses; vehicles and fuel used for work otherwise include d in the contract documents; surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.

45.2.8 For added or deducted Work by subcontractors, the Contractor shall fu rnish to City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.

45.2.9 For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to City a detailed record of the cost to the Contractor, signed by such vendor or supplier.

45.2.10 Any change in The Work involving both additions and deletions shall indicate a net total cost, including subc ontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price ; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Co ntract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

45.2.11 Documentation of Time and Materials Costs.

A. T&M Daily Sheets . Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is 188

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performed on a time -and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.

B. T&M Summary Sheet . Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of additional work on a time-and-material basis. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the additional work will result in Contractor’s waiver for any reimbursement of any costs associated with the additional work.

45.3 Change of Contract Time

45.3.1 Contract Time may only be changed by a Change Order.

45.3.2 All changes in the Contract Price and/or adjustments to the Contract Time related to each change shall be included in Contractor’s change order proposal, as described above. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days.

Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.

45.3.3 Notice of the amount of the request for adjustment in the Contract Time with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless the City allows an additional period of time to ascertain more accurate data in support of the request. No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.

45.3.4 The City may elect, at its sole discretion, to grant an extension in Contract Time, without Contractor’s request, because of delays or other factors.

45.3.5 Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.

45.3.6 Contractor’s entitlement to an extension of the Contract Time is limited to a City - caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City -caused delay extends the critical path beyond the previously approved Contract Time. If 189

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approved, the increase in time required to complete the Work shall be added to the Contract Time.

45.3.7 Requests for Contract Time Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:

A. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to w hy the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any subcontractors or suppliers, or any other perso ns or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time, despite Contractor’s reasonable and diligent actions to guard against those effects.

B. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the most recent monthly update to calculate the impact of the delay event.

45.4 Unilateral Change Order

45.4.1 If City disagrees with the proposal submitted by Contractor, it will notify the Contractor and City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with City, a change order will be issued by City. If no agreement can be reached, City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.

45.4.2 No dispute, disagreement or failure of the p arties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.

45.5 Contractor’s Waiver of Further Relief
CONTRACTOR’S FAILURE TO PROVIDE A COMPLETE AND TIMELY NOTICE OF

CHANGE/DELAY AND/OR CHANGE ORDER REQUEST, OR TO COMPLY WITH ANY

OTHER REQUIREMENT OF THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY

CONTRACTOR OF THE RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF S UCH

CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE OR

RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY MEANS OF THE

CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS.
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Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Section, shall accordingly be insufficient.

SECTION 46. OCCUPANCY
City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor o f its responsibilities under the Contract.

SECTION 47. INDEMNIFICATION

47.1 To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City , its officials, officers, agents, employees, and representatives, and each of them from and against:

47.1.1 Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence o f the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

47.1.2 Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

47.1.3 Any and all actions, proceedings, damages, cost s, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor.

47.1.4 Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully 191

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perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

47.2 Contractor s hall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials , officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provi ded. The only limitations on this provision shall be those imposed by Civil Code section 2782.

47.3 The provisions of this Section shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in wh ole or part of the Work shall waive or release any of the provisions of this Section.

SECTION 48. RECORD (“AS BUILT”) DRAWINGS

48.1 Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts. The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. Contractor shall use colors to distinguish variations in separate categories of The Work.

48.2 Contractor shall note related change order numbers where applicable. Contractor shall organize as -builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. These as-builts shall be maintained up -to-date during the progress of the Project. As-builts shall be accessible to the Engineer at all times during the construction period. Failure on the Contractor’s part to keep as-builts current could result in withholding partial payment.

Contractor to also provide an electronic version of the as-builts.

48.3 Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of as-builts to the Engineer. The suitability of the as -builts will be determined by the Engineer. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the as-builts.

SECTION 49. RESOLUTION OF CONSTRUCTION CLAIMS
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pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Section 45, as a prerequisite to filing any claim governed by this Section. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

49.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a proc ess utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a proces s for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes.

49.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for:

49.2.1 An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

49.2.2 Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not o therwise entitled; or

49.2.3 An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

49.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any ot her event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessar y to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents.

Failure to follow such contractual r equirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

49.4 Documentation. The Contractor shall submit all Claims in the following format:
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49.4.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

49.4.2 List of documents relating to Claim:

A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other

49.4.3 Chronology of events and correspondence

49.4.4 Narrative analysis of Claim merit

49.4.5 Analysis of Claim cost, including calculations and supporting documents

49.4.6 Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not requi re a particular format, CPM format, if an adjustment of the Contract Time is requested

49.5 City’s Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after the City issues its writ ten statement.

49.5.1 If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) Days following the next duly publicly noticed meeting of the City’s governing body after the 45 -Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

49.5.2 Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Cont ractor. The City ’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no gre ater than that taken by the 194

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Contractor in producing the additional information or requested documentation, whichever is greater.

49.6 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City ’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

49.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submit ted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in w riting, unless the parties agree to select a mediator at a later time.

49.7.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed p ortion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

49.7.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

49.7.3 Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

49.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

49.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her wri tten Claim pursuant to 195

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subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

49.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

49.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be comm enced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

49.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

49.10 Government Code Claim Procedures.

49.10.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

49.10.2 In addition to any and all requirements of the Contract Docum ents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

49.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code cla im procedure or the prerequisite contractual requirements, Contractor may not file any action against the City. 196

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49.10.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Proje ct, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

49.11 Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and sh all not constitute a waiver of any rights under this Section.

SECTION 50. CITY’S RIGHT TO TERMINATE CONTRACT

50.1 Termination for Cause: City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contr act if the Contractor:
(i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of default and intent to terminate shall contain the reasons for termination.

Unless within ten (10) Days after the service of such notice, Contractor resolves the circumstances giving rise to the notice of default to the City’s satisfaction, or makes arrangements acceptable to the City for the required corrective action, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to City for any excess costs or other damages incurred by City to complete the Project. If City takes over The Work, City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site.

50.2 Termination For Convenience: City may terminate performance of The Work in whole or, in part, at any time upon ten (10) Days written notice to Contractor, if City determines that a termination is in City’s interest. The Contractor shall terminate all or any part of The Work upon delivery to the Contracto r of a Notice of Termination specifying that the termination is for the convenience of City, the extent of termination, and the effective date of such termination.

After receipt of Notice of Termination, and except as directed by City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:

50.2.1 Stop Work as specified in the Notice.
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50.2.2 Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.

50.2.3 Leave the site and any other property upon which the Contractor was working and upon which the facility (or facilities) forming the ba sis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.

50.2.4 Terminate all subcontracts and purchase orders to the extent that they relate to the portions of The Work terminated.

50.2.5 Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.

50.2.6 Submit to City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract D ocuments to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of City’s exerci se of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by City no later than thirty (30) Days after the Effective Date of t he Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as “Termination Costs Occasioned by City’s Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waiv e the rejected costs unless Contractor files a claim within thirty (30) Days of the rejection pursuant to these General Conditions.

50.2.7 In no event shall the City be liable for unreasonable costs incurred by the Contractor or subcontractors after receipt of a Notice of Termination. Contractor shall be entitled to receive only the amounts payable under this Section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages o r lost profits.

Such non -recoverable costs include, but are not limited to, the cost of or anticipated profits on Work not performed as of the date of termination, post - termination employee salaries, unreasonable post -termination administrative expenses, p ost-termination overhead or unabsorbed overhead, surety costs of any type, costs of preparing and submitting the Contractor’s termination claim, attorney fees of any type, and all other costs relating to prosecution of a claim or lawsuit. The provisions in this Sections are in addition to and not in limitation of any other rights or remedies available to the City.

50.2.8 Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed.

50.3 If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this S ection, and Contractor specifically waives any 198

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claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

50.4 Notwithstanding any other provision of this Section, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, City may immediately order Contractor to cease Work on the Project until such safety or liabi lity issues are addressed to the satisfaction of City or the Contract is terminated.

SECTION 51. WARRANTY AND GUARANTEE

51.1 Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents ; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier.

51.2 Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted.

51.3 The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Co ntractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work to complete or correct the Work at issue . All costs associated with such corrective actions and testing, including the removal, replacement , and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair, or otherwise re medy the defect, or damage at the Contractor ’s expense.

51.4 In the event of any emergency constituting an immed iate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all actions necessary to correct such condition.

51.5 The Contractor shall remedy at its expense any damage to City -owned or controlled real or personal property.

51.6 For any Work so corrected, Con tractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the eve nt of Contractor’s failure to comply with the above -mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the 199

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reasonable satisfaction of the City, the City shall have the right to correct and replace any defectiv e or non -conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

51.7 Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.

51.8 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Material s furnished under this Contract, the Contractor shall:

51.8.1 Obtain for City all warranties that would be given in normal commercial practice or that are required in the Contract Documents;

51.8.2 Require all warranties to be executed, in writing, for the benefit of the City; and

51.8.3 Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

This Section shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure section 337.15.

SECTION 52. DOCUMENT RETENTION & EXAMINATION

52.1 In accordance with Government Code Section 8546.7, records of both City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

52.2 Contractor shall make available to City any of the Contractor’s other documents related to the Project immediately upon request of City.

52.3 In addition to the State Auditor rights above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including electronic records, computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to City, for a period of four (4) years after final payment.

SECTION 53. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report s hall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledg es that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.
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SECTION 54. SEPARATE CONTRACTS

54.1 City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall cooperate with and permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

54.2 To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems wit h the work in place or discrepancies with the Contract Documents.

54.3 Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project to the en d that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

SECTION 55. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as des ignated in the Bid Documents. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to City as desi gnated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier.

Notice given by facsimile shal l not be effective unless acknowledged in writing by the receiving party.

SECTION 56. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

SECTION 57. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omi ssion is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
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SECTION 58. INTEGRATION

58.1 This Contract, together with its incorporated documents, contains the entire, integrated agreement of the parties her eto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by a ny person which are not incorporated herein, and that any other agreements shall be void.

58.2 Any modification of this Contract shall be effective in in writing signed by all parties hereto. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

SECTION 59. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without pr ior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

SECTION 60. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

SECTION 61. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time City makes final payment to the Contractor, without further acknowledgment by the parties.

SECTION 62. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

SECTION 63. LAWS AND REGULATIONS
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63.1 Contractor shall giv e all notices and comply with all federal, state, and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified.

References to specific laws, rules or regulations in the Contract Documents are for reference purposes only and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom.

63.2 Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.

63.3 Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of “mined material” must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

63.4 Fraud Policy. Contractor shall provide a copy of the City’s Fraud Policy to each of its employees assigned to perform the tasks under this Contract. Contractor shall submit to the City’s Personnel Manager a statement signed by Contractor and by each of its employees who are assigned to perform the Work under this Contract certifying receipt of City’s Fraud Policy and certifying that they have read the Fraud Policy. A finding by the City that any of Contractor’s employees have committed fraud against the City shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Contract at City’s request. Contractor shall reimburse the City for any costs and expenses associated with fraud against the City.

63.5 Harassment Policy. Contractor shall provide a copy of the City’s Harassment Policy to each of its employees assigned to perform the tasks under this Contract. Contractor shall submit to the City’’ Personnel Manager a statement signed by each of its employees who are assigned to perform the Work unde r this Contract certifying receipt of City’s Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Contractor’s employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Contract at City’s request.

SECTION 64. PATENT FEES OR ROYALTIES
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless City , its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.

SECTION 65. OWNERSHIP OF DRAWING
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All Contract Document s furnished by City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to City on request at completion of The Work.

SECTION 66. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contr actor will be responsible.

END OF GENERAL CONDITIONS
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SECTION 00750

SPECIAL CONDITIONS
SECTION 1. COVID-19 SAFETY MEASURES

1.1 Contractors shall comply with all applicable current and future federal, state, and local laws, regulations, statutes, ordinances, and orders. This includes, but is not limited to, applicable portions of any Orange County Health Officer orders and any future updates thereto.

1.2 Contractor shall implement, and require its subcontractors to implement, measures to protect employees, visitors, and anyone else related to the Project from COVID -19 and other infectious diseases. These measures shall include, but not be limited to, the following: Post all required notices at the worksite; update its Injury and Illness Prevention Plan, generate a worksite -specific COVID -19 prevention plan, designate a person at each worksite to implement the plans, provide training on p reventing the spread of diseases, increase availability of handwashing stations, routinely disinfect common areas, enforce physical distancing, require cloth face coverings or PPE when otherwise required, encourage workers who are sick to stay at home, pro vide alcohol based wipes to clean tools before and after use, avoid carpooling, implement health screening programs (temperature checks and symptom screening) to ensure that employees showing up to work are healthy, and immediately separate employees with symptoms of COVID -19 from others and direct them to go home or to medical care as needed. In its implementation of COVID-19-related safety measures, Contractor shall be aware of and take into account the following guidance:

1.2.1 California Department of Public Health, COVID-19 Industry Guidance:

Construction, https://covid19.ca.gov/pdf/guidance-construction.pdf

1.2.2 Cal/OSHA, Interim General Guidelines on Protecting Workers from COVID -19, https://www.dir.ca.gov/dosh/coronavirus/General-Industry.html

1.2.3 Cal/OSHA, COVID-19 Infection Prevention in Construction , https://www.dir.ca.gov/dosh/coronavirus/COVID-19-Infection-Prevention-in- Construction.pdf

1.2.4 OSHA, Guidance on Preparing Workplaces for COVID -19 (OSHA 3990 -03), https://www.osha.gov/Publications/OSHA3990.pdf

1.2.5 OSHA, COVID-19 Guidance for the Construction Workforce (OSHA 4000 -04), https://www.osha.gov/Publications/OSHA4000.pdf

1.2.6 OSHA, COVID-19 - Control and Prevention / Construction Work , https://www.osha.gov/SLTC/covid-19/construction.html

1.2.7 CDC, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID -19), May 2020
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business- response.html
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1.2.8 CDC, Symptoms of Coronavirus , https://www.cdc.gov/coronavirus/2019 - ncov/symptoms-testing/symptoms.html
SECTION 2. PUBLIC CONTRACT CODE SECTION 3400

2.1 City has not made findings pursuant to Public Contract Code Section 3400(b) regarding the use of specific materials, products, things, and/or services that must be utilized for the Project.

SECTION 3. STORM WATER SPECIFICATIONS

3.1 City has not prepared a SWPPP or other storm water compliance plan for the Pro ject site. Contractor shall be responsible for filing the NOI and for obtaining coverage under the Permit. This includes preparing and implementing a SWPPP for the Project site, and coordinating all submittals with the City’s Legally Responsible Person a nd Authorized Signatory as those terms are defined in the Permit. Before any NOI, SWPPP, or other Permit related document may be submitted to the State Board or implemented on the Project site, it must first be reviewed and approved by the City. If the Project is less than one acre in size Contractor is still required to develop and implement an erosion and sediment control plan for the Work site. Contractor shall include all costs of compliance with specified requirements in the Contract amount.

END OF SPECIAL CONDITIONS
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City of Aliso Viejo

AGENDA ITEM
DATE: May 4, 2022
TO: Mayor and City Council
FROM: Rose Rivera, Senior Planner
SUBJECT: ADOPTION OF THE FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN

FOR EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) FUNDS
Recommended Actions:

1. Conduct a public hearing;

2. Declare the City Council finds the FY 2022-2023 Annual Action Plan is not subject to the California Environmental Quality Act (“CEQA”) as the activity is not a project defined in Section 15378(b)(5) of the state CEQA Guidelines;

3. Approve and adopt the FY 2022-2023 Annual Action Plan (“Action Plan”) for the use of Community Development Block Grant (“CDBG”) funds (Attachment 1);

4. Authorize the City Manager to submit the Action Plan to the U.S. Department of Housing and Urban Development (“HUD”), which executes the HUD contract, and authorize the City Manager to submit all related documents with the implementation of the Action Plan.

Fiscal Impact:

HUD has not published FY 2022-2023 CDBG allocations; however, the City of Aliso Viejo anticipates receiving $217,000 in CDBG funds for Fiscal Year 2022-2023 from HUD. In addition to next year’s allocation, the City has an additional $13,026 to allocate toward activities identified in the Action Plan. This additional funding source consists of unspent administration monies from the prior year’s CDBG allocation. The proposed Action Plan allocates $3,500 for fair housing services, $7,500 for case management and supportive services for households residing in interim housing, and $175,626 for acquisition of a low- income housing unit, and $43,400 for program administration. 207