Aliso Viejo City Council
October 19, 2022

1 AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, OCTOBER 19, 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/agendas
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/1531913693516668943

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/1531913693516668943. Comments are limited to three minutes each.

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WELCOME to the City of Aliso Viejo City Council meeting.

It is the City’s intention to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425-2505 at least 48 hours prior to the meeting.

Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemen tal documents relating to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk’s office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.

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

DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ

CITY MANAGER CITY ATTORNEY CITY CLERK

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. BUSINESS OF THE MONTH - ACRISURE OF CALIFORNIA
Certificate of Recognition

1.2. RECOGNITION OF OCFA DIVISION CHIEF MICHAEL CONTRERAS Certificate of Recognition

1.3. PROCLAMATION - CYBERSECURITY AWARENESS MONTH
Proclamation

1.4. TRUSTED PARTNER RECOGNITION - PREMIER AQUATIC SERVICES Certificate of Recognition
2 3

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/1531913693516668943. 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 wi ll 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 CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

Staff Report
Attachment 1 - Resolution No. 2021-27

4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the October 5, 2022 Special Meeting and the October 5, 2022 Regular Meeting.

Draft Minutes - October 5, 2022 Special Meeting
Draft Minutes - October 5, 2022 Regular Meeting

4.4. SECOND READING AND ADOPTION OF AN ORDINANCE ENACTING LOCAL

CAMPAIGN CONTRIBUTION LIMITS
Recommended Action: Conduct second reading and adopt Ordinance entitled: AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 2.04.150 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE ALISO VIEJO MUNICIPAL CODE 3 4

RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS.

Staff Report
Attachment 1 - Ordinance

4.5. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued September 29, 2022, in the amount of $295,766.13.

Staff Report
Attachment 1 - Accounts Payable Report

4.6. COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (GLENWOOD AT ALISO VIEJO)

LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT COMPLIANCE (SB 165) REPORT FOR FISCAL YEAR ENDED JUNE 30, 2022
Recommended Action: Accept and file the Community Facilities District No. 2005- 01 (Glenwood at Aliso Viejo) Local Agency Special Tax and Bond Acco untability Act Compliance (“SB 165”) Report for Fiscal Year June 30, 2022.

Staff Report
Attachment 1 - CFD 2005-01 Annual Report

4.7. LEASE AGREEMENT WITH EFUEL, LLC
Recommended Action: Approve and authorize the City Manager to execute a temporary month-to-month lease agreement with EFUEL, LLC for the use of office space located at City Hall, within Suite 200.

Staff Report
Attachment 1 - Agreement

4.8. PROFESSIONAL SERVICES AGREEMENT WITH ADVANTAGE MAILING LLC FOR

PRINTING AND MAILING SERVICES OF RECREATION BROCHURE
Recommended Action: Approve and authorize the City Manager to execute a Professional Services Agreement with Advantage Mailing LLC for the printing and mailing services of the quarterly Community Connection Recreation Brochure and Summer Camp Pocket Brochure.

Staff Report
Attachment 1 - Agreement

4.9. AGREEMENT WITH AMBER GREGG PLANNING + ENTITLEMENTS FOR THE 2021 - 2029 HOUSING ELEMENT
Recommended Action:

1. Approve an agreement in the amount of $105,000 to Amber Gregg Planning + Entitlements for the 2021-2029 Housing Element; and

2. Authorize the City Manager to execute the agreement with Amber Gregg Planning + Entitlements for the 2021-2029 Housing Element.

Staff Report
Attachment 1 - Agreement

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4.10. AGREEMENT WITH DE NOVO PLANNING GROUP FOR ON-CALL CEQA SERVICES Recommended Action:

1. Approve an agreement in the amount not to exceed $150,000 to De Novo Planning Group for on-call California Environmental Quality Act (“CEQA”) services; and

2. Authorize the City Manager to execute the agreement with De Novo Planning Group for on-call CEQA services.

Staff Report
Attachment 1 - Agreement

4.11. AGREEMENT WITH UNITED BUILDING AND DEVELOPMENT SERVICES FOR THE

ALISO VIEJO RANCH WOOD SEALING PROJECT
Recommended Action:

1. Approve an agreement in the amount of $66,750 with United Building and Development Services as the lowest responsible bidder for the Aliso Viejo Ranch wood sealing project; and

2. Authorize the City Manager to execute an agreement with United Building Development Services; and

3. Authorize City staff to make total compensation to United Building Development Services up to $66,750 plus $10,000 (15% of the agreement amount) to allow for contingencies, totaling $76,750.

Staff Report
Attachment 1 - Agreement

5. PUBLIC HEARINGS:

None.

6. DISCUSSION:

None.

7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

The next regularly scheduled City Council meeting is November 2, 2022.

5 Certificate of Recognition
Presented to

ACRISURE OF CALIFORNIA

Aliso Viejo
Business of the Month
October 2022

Presented this 19th day of October, 2022

Ross Chun, Mayor
6 Certificate of Recognition

Presented to
Michael Contreras
Aliso Viejo Fire Chief
August 2018 – October 2022

In honor of your dedication to the Aliso Viejo
community and your 32 years of service with
the Orange County Fire Authority.

We wish you continued success!

Presented this 19th day of October, 2022

Ross Chun, Mayor
7 Proclamation
Cybersecurity Awareness Month

WHEREAS, Cybersecurity Awareness Month, occurring annually in October, creates an ideal opportunity for every resident in Aliso Viejo to join citizens across the country in taking the proper steps to enhance cybersecurity in their homes, workplaces, and educational campuses; and

WHEREAS, the Cybersecurity and Infrastructure Security Agency announced the 2022 Cybersecurity Awareness Month theme of “See Yourself in Cyber,” and

WHEREAS, the City of Aliso Viejo recognizes it plays a vital role in identifying, protecting and responding to cyber threats that may have a significant impact on security and privacy; and

WHEREAS, providing information and resources to the community ensures that all individuals and organizations make smart decisions and enable basic cyber hygiene practices at home, or the job, or at school; and

WHEREAS, as technology continues to progress, all digital citizens, as well as our information infrastructure, face an increasing threat of mal icious cyber-attack and significant financial and personal privacy losses due to identity theft and fraud; and

WHEREAS, the City of Aliso Viejo participates in a campaign developed by the Center for Internet Security/Multi-State ISAC, the Council on Cybersecurity, U.S. Department of Homeland Security, and public and private sector entities to promote good cyber hygiene through actionable guidance for government and businesses, and to promote innovation, strengthen cybersecurity investment, and enhance resilience across all sectors; and

WHEREAS, all residents of Aliso Viejo are encouraged to take an active role in protecting against cyber threats; and

THEREFORE, BE IT RESOLVED , that the Aliso Viejo City Council does hereby declare October 2022 as Cybersecurity Awareness Month and encourages all residents, companies, and institutions to recognize the importance of cybersecurity, take steps to stay safe and secure online, and participate in this observance through events, training, and education to f urther our City’s security and resilience.

Dated this 19th day of October, 2022

___________________________
Ross Chun, Mayor
8 Certificate of Recognition
Presented to

PREMIER AQUATIC

SERVICES

Trusted Partner Supporting the
City of Aliso Viejo

October 2022

Presented this 19th day of October, 2022

Ross Chun, Mayor
9 City of Aliso Viejo

AGENDA ITEM
DATE: October 19, 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 10

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
11

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. 12

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
13

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
14

Special Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
OCTOBER 5, 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 6:00 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
PUBLIC COMMENTS:

None.

CLOSED SESSION:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of potential cases: 1

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: City Manager
Unrepresented employee: All City Employees

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
15

Special Meeting Minutes

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency designated representatives: Mayor and Mayor Pro Tem Unrepresented employee: City Manager
REPORT FROM CLOSED SESSION:

City Attorney Scott Smith stated no reportable action was taken.

ADJOURNMENT: Mayor Chun adjourned the meeting at 6:45 p.m. to the October 5, 2022 Regular Council Meeting.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC ROSS CHUN

CITY CLERK MAYOR
16

Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 5, 2022, 7:00 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Chun called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:01 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

ANN EIFERT, FINANCIAL SERVICES DIRECTOR

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. SCOTT MERRILL, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Mayor Chun led the pledge of allegiance.

REPORT FROM CLOSED SESSION:

City Attorney Scott Smith stated there was no reportable action.

1. SPECIAL PRESENTATIONS:

1.1. PROCLAMATION - FIRE PREVENTION WEEK
Mayor Chun presented the proclamation to OCFA Division Chief Michael Contreras. Chief Contreras expressed appreciation and commented on the importance of the designation. 17

Regular Meeting Minutes

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

1. Don Beal expressed concern with noise impacts from events at Aliso Viejo Ranch.

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 Ackley seconded to approve the recommended actions. Motion carried 5-0.

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

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 September 21 , 2022 Special Meeting and the September 21, 2022 Regular Meeting.

4.4. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued September 15, 2022, in the amount of $1,380,351.83.

4.5. TREASURER’S STATEMENT – AUGUST 2022
Recommended Action: Approve August 2022 Treasurer’s Statement 18

Regular Meeting Minutes

4.6. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH RDA, LLC

TO PROVIDE PLANNING CONSULTANT SERVICES
Recommended Action: Approve and authorize the City Manager to execute a First Amendment to the Professional Services Agreement with RDA, LLA for planning consultant services to increase the total compensation by an amount not to exceed $45,000.

4.7. VEHICLE PURCHASE AND ASSET EXPIRATION
City Manager David Doyle and Financial Services Director Ann Eifert responded to questions regarding vehicle depreciation and electric vehicle options.

Recommended Action:

1. Authorize staff to negotiate the purchase of vehicle for the new Streets Supervisor position;

2. Allocate $55,000 from Gas Tax reserves for vehicle and required safety accessories purchase; and

3. Authorize staff to negotiate the trade or sale of one existing fleet vehicle and expire the asset.

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

5. PUBLIC HEARINGS:

None.

6. DISCUSSION:

6.1. CONVENTIONAL AND URGENCY ORDINANCES ENACTING LOCAL CAMPAIGN

CONTRIBUTION LIMITS
City Manager David Doyle introduced City Attorney Scott Smith, who provided an overview. Staff responded to questions regarding enforcement and existing limit. Council discussion ensued.

Recommended Action:

If Council desires to establish Local Campaign Contribution Limits that vary from the State’s default limits, staff recommends that the Council do so by introducing the following Ordinance:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 2.04.150 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE ALISO VIEJO MUNICIPAL

CODE RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIM ITS

AND REGULATIONS
19

Regular Meeting Minutes
And consider adopting the following Ordinance, with additional urgency findings if Council deems them appropriate:

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 2.04.150 TO CHAPTER 2.0 4 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE ALISO

VIEJO MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS.

Motion: Mayor Pro Tem Hurt moved and Councilmember Ackley seconded to approve the introduction of the following Ordinance:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 2.04.150 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE ALISO VIEJO MUNICIPAL

CODE RELATING T O LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS

AND REGULATIONS,
as amended to establish a local campaign contribution limit of $1,000 per person, per election for City Council candidates with alleged violations to be filed by the complainant with the Orange County District Attorney for enforcement actions. Motion carried 4-1, with Councilmember Munzing dissenting.

6.2. LEAGUE OF CALIFORNIA CITIES – ORANGE COUNTY DIVISION BOARD OF

DIRECTORS ELECTION RESULTS
Mayor Chun provided an overview. Mayor Pro Tem Hurt and City Manager David Doyle provided additional information.

Recommended Action: Receive and file.

No further action was taken.

7. CITY MANAGER' S REPORT:

City Manager David Doyle announced the Mobile Library to be held from 2:30 p.m. to 4:00 p.m. on October 13, 2022 at Iglesia Park Community Center; Health Fair and Flu Shot Clinic to be held from 9:00 a.m. to 11:00 a.m. on November 5, 2022 at Aliso Viejo Ranch; and encouraged residents to visit the City website for upcoming holiday events.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Munzing:
 Attended Laguna Hills Heritage Day
Councilmember Harrington:
 Attended ACC-OC Leadership Conference
20

Regular Meeting Minutes
Councilmember Ackley:
 Attended ACC-OC Leadership Conference
 Met with Cub Scout Den 8
Mayor Pro Tem Hurt:
 Attended ACC-OC Leadership Conference
 Announced Teen Fest 2022 at Aliso Viejo Library
Mayor Chun:
 Attended Capistrano Unified School District College Fair 2022  Commented on upcoming Community Engagement Fair at Dana Hills High School  Met with Laura’s House staff
 Announced Community Cup Golf Tournament
 Attended musical performance at Soka Performing Arts Center

9. ADJOURNMENT: Mayor Chun adjourned the meeting at 8:23 p.m. to the regularly scheduled meeting of October 19, 2022.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC ROSS CHUN

CITY CLERK MAYOR
21 City of Aliso Viejo

AGENDA ITEM
DATE: October 19, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE ENACTING

LOCAL CAMPAIGN CONTRIBUTION LIMITS
Recommended Action:

Conduct second reading and adopt Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 2.04.150 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE ALISO VIEJO MUNICIPAL

CODE RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS.

Discussion:

On October 5, 2022, the City Council approved the introduction and first reading of the subject Ordinance by a 4-1 vote, with amendments and setting the campaign contribution limit at $1,000 per person, per election.

Based on Council’s deliberations and Council changes to the original draft ordinance at first reading, enforcement of the campaign contribution limits will be on a complaint-based basis by requests for prosecution to the Orange County District Attorney made directly by the complainant. Section H of the Ordinance (attachment 1) includes the modified text and also includes the clarification that City staff will have no role in any enforcement action. Responsibility for other election functions will remain as dictated by statute.

If adopted, the Ordinance will take effect 30 days after adoption.

Attachment:

1. Ordinance
22

ORDINANCE NO. 2022-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADDING SECTION 2.04.150 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF

THE ALISO VIEJO MUNICIPAL CODE RELATING TO LOCAL

ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS
WHEREAS, Assembly Bill No. 571 ("AB 571") imposed a default campaign contribution limit upon cities and counties effective January 1, 2021; and WHEREAS, California Government Code Section 85702.5 permits the City of Aliso Viejo to act by either ordinance or resolution to establish its own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and WHEREAS, transparency in local elections regarding financial contributions and influence are important to promoting the election process and to ensure a fair Council election process for all candidates; and
WHEREAS, in adopting this Ordinance, it is the City Council's intention to promote transparency and ensure a fair election process by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for City Council elections; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that the proposed amendments to the Aliso Viejo Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. Code Amendment. Section 2.04.150 is hereby added to the Aliso Viejo Municipal Code to read in full as follows:
23

CHAPTER 2.04 – CITY COUNCIL

2.04.150 – City Council Campaign Finance Limitations and Regulations.

A. Intent.

It is the intent of the City Council of the City of Aliso Viejo in enacting this section to place realistic and Constitutionally enforceable limits on the amount which may be contributed to candidates’ political campaigns in City elections, for the purpose of preventing potential improper or undue influence over elected officials by campaign contributions, to develop a broader base of political efficacy within the community, to provide full and fair enforcement of all the provisions of this Section, and to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by State law. This Section is intended to supplement the Political Reform Act of 1974, as amended and in the event of a conflict between that Act and this Section, that Act shall prevail. This Section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and Section 81013 of the California Government Code.

B. Definitions.

1. “Candidate” means an individual who:
a. is listed on the ballot;
b. who has qualified to have write-in votes on that individual’s behalf counted by election officials; or
c. who has begun to circulate nominating petitions or authorized others to circulate nominating petitions on the individual’s behalf for nomination for or election to any elective City office; or d. who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual’s nomination or election to any elective City office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
“Candidate” includes any individual running to replace an incumbent City officer who is the subject of a recall election but does not include any person within the meaning of Section 301(b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a 24

candidate until such time as that status is terminated pursuant to the Political Reform Act of 1974 ( Government Code Section 84214, or successor statute.

2. “City election” means any general or special election, including a vacancy or recall election held within the City for elective City office or on a City measure.

Each general or special election is a separate election for purposes of this Section.

3. “City measure” means any proposition for the issuance of funding or refunding of bonds of the City, voter approval of local taxes or other revenue matters, or any other question or proposition submitted to the voters of the City at any election held throughout the entire City. “City measure” includes any measure which is submitted to a popular vote at an election by action of the City Council or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it has qualified for the ballot.

4. “Person” means any individual or entity, including without limitation a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.

Except as otherwise stated herein, the terms of this Section shall have those definitions provided in the Political Reform Act of 1974 ((Government code Section 81000, et. seq. or in the regulations adopted by the California Fair Political Practices Commission to implement the Act.

C. Campaign Finance Disclosure/Electronic Filing.

1. Each candidate and committee must file campaign statements, statements of economic interest, reports, or other documents in the time and manner required by the Political Reform Act of 1974, as amended (Government Code Section 84100, et seq.). Except as set forth herein, compliance with the requirements of the Act are deemed to be in compliance with this Section.

2. Reportable contributions shall include, without limitation, money paid, loaned, contributed, or otherwise furnished to the candidate or any committee for the use of such candidate or such committee in aid of the candidate's election, or for the qualification, passage, or defeat of any city measure. Said disclosure shall include the name of the contributing person or entity and all other information required to be disclosed by the Political Reform Act of 1974, as amended.

3. All candidates and committees required to file campaign statements, reports, or other documents as referenced herein shall do so for all campaign expenditures made, to aid or oppose, either directly or indirectly, a candidate's election or the qualification and/or passage of any city measure. Reportable 25

expenditures shall include, without limitation, expenditures made by a candidate, candidate-controlled committee, political party or independent expenditure committee.

4. Any elected officer, candidate, committee or other person required to file campaign statements, reports or other documents required by the Political Reform Act of 1974, as amended, shall file those statements, reports or other documents in person, online or electronically with the city clerk.

5. In any instance in which an original campaign statement, report or other document must be filed with the California Secretary of State or Fair Political Practices Commission and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically.

6. If the city clerk's electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the city clerk in an alternative format.

D. Limits on Campaign Contributions

1. No person, other than the candidate, is permitted to make to a candidate or candidate-controlled committee, and no candidate-controlled committee treasurer may solicit or accept, any campaign contribution which will cause the total amount contributed by such person with respect to a single city election to exceed one thousand dollars ($1,000).

2. A candidate for elective office shall have no more than one candidate- controlled committee and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made.

This paragraph shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts.

3. A person may not make a contribution for any other person under an assumed name or under the name of any other person.

4. The limit in paragraph (1) shall not be deemed to prohibit contributions or loans from a candidate to his/her own candidate-controlled committee in accordance with State law or to limit the amount of his/her own money or property a candidate may contribute, loan to, or expend on behalf of the candidate’s own campaign. Contributions by the spouse of a candidate from such spouse’s separate property shall be subject to the limit set forth in paragraph (1).

5. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the 26

qualification and/or passage of one or more city measures. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.

6. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the recall of an incumbent City officer, but shall apply to all candidates and their controlled committees seeking election to replace the incumbent City officer. The disclosure requirements for all committees set forth in Subsection (C) shall apply.

7. The limit in paragraph (1) shall not apply to political contributions made to and expenditures made by an independent expenditure committee in support of or in opposition to a city measure, or in support of or opposition to the election of a candidate for city office, if the contributions and expenditures were not made at the direction or control of the candidate or his or her controlled committee. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.

8. The limit in paragraph (1) shall not apply to political contributions made prior to the effective date of this Section.

9. If a candidate or the treasurer of a candidate-controlled committee is offered a contribution which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within five days of the receipt of the contribution to the City Clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution.

E. Suppliers of goods and services – Disclosure of records required No person who supplies goods or services or both goods and services to a candidate or any committee for use in connection with the campaign of a candidate or for or against a city measure may refuse to divulge or disclose to the enforcement authority that person’s record of any expenditures made by the candidate or committee in payment for such goods or services or both.

F. Duties of the City Clerk
In addition to other duties required of the City Clerk under the terms of this Section, the City Clerk must:

1. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission to implement the Political Reform Act of 1974, as amended. These forms and manuals must be furnished to all candidates and committees, and to all other persons required to report; 27

2. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of State law and this Section;

3. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by State law and this Section;

4. Compile and maintain a current list of all statements or parts of statements filed with the city clerk’s office pertaining to each candidate and each city measure.

G. Enforcement.

Allegations of violations of this Section may be referred to the District Attorney for criminal prosecution. No enforcement, referral, prosecution or legal action shall be subject to review or control of the City Council, city staff, or the City Attorney.

H. Penalties

1. Any person who knowingly or willfully violates any provisions of this Section is guilty of a misdemeanor.

2. If any person is found to have violated Subsection (D), whether by civil, criminal or administrative enforcement action, the amount of funds received constituting such violation shall be paid by the candidate or committee that received such funds to the City Manager for deposit into the City's general fund. If any person is found to have violated any other sub-chapter of this Section, the fine imposed in connection with such violation shall be in the amount of $250.00 for the first 30 days after said violation, $500.00 for the next 30 days after said violation and $1,000.00 for any period in excess of 60 days following said violation, and shall be paid to the City Manager for deposit into the City's general fund.

3. If any candidate is convicted of a violation of any provision of this Section by a court of competent jurisdiction, the court shall be authorized, to the maximum extent allowed by State law, to declare the candidate’s election void or, if the candidate has already assumed office, to remove the candidate from office and declare such office vacant, to be filled in accordance with applicable State law. The Court shall also be authorized to declare the candidate/officer ineligible to hold any City office, up to the maximum amount of time allowed by State law for the offense. 28

I. Rules of Construction
This Section will be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any person in any procedure taken under this Section which does not directly affect the jurisdiction of the City to control campaign contributions and expenditures voids the effect of this Section.” SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Aliso Viejo, 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 California Government Code, section 36933.

SECTION 5. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at 12 Journey, Aliso Viejo, CA.

SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held 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 ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

PASSED, APPROVED AND ADOPTED this _____ day of _____, 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. ____ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ___ day of _______, 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. ___ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held __________, 2022, and that the Summary of the Ordinance was published on __________, 2022, and __________, 2022, in the Laguna Niguel News.
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
30 City of Aliso Viejo

AGENDA ITEM
DAT
E: October 19, 2022
TO: M
ayor and City Council
FR
OM: Ann Eifert, Director of Financial Services
SUBJ
ECT: ACCOUNTS PAYABLE
Recommended Action:

Ratify accounts payable checks and electronic funds transfers issued September 29, 2022, in the amount of $295,766.13.

Fiscal Impact:

Expenditures in the amount of $295,766.13.

Background:

The City issues accounts payable checks and electronic funds 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 September 29, 2022, for $295,766.13 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed accurate by the Director of Financial Services.

Attachment:

1. Accounts Payable Report
31 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
SEP'22 CALPERS HEALTH PREMIUM-EMCALPERS HEALTH 1,425.48 OCT'22 CALPERS HEALTH PREMIUMCALPERS HEALTH 24,086.40
OCT'22-COUNCIL-CALPERS HEALTH PREMIUMCALPERS HEALTH 3,247.69 JUN'22- SPA 2022-001/AG CONSULTANT SRVSAGECREST PLANNING AND ENVIRONMENTAL, LLC 650.00 JUL'22-SDP-2022-001/THE COMMONS LANDSCAPERJM DESIGN GROUP INC 489.00 AUG'22 ENG 2247/SUMMIT IV LANDSCAPING TRNSMTTALRJM DESIGN GROUP INC 163.00 JUL'22 CAA ENG 5051 CROWN CASTLECHARLES ABBOTT ASSOC INC 50.38 JUL'22 CAA ENG 5007 SDGECHARLES ABBOTT ASSOC INC 100.75 JUL'22 CAA ENG 5064 CLEAR THOUGHT CORPCHARLES ABBOTT ASSOC INC 151.13 JUL'22 CAA ENG 5046 NX UTILITIESCHARLES ABBOTT ASSOC INC 201.50 JUL'22 CAA ENG 5067 WEBBS GRAINWORKSCHARLES ABBOTT ASSOC INC 226.69 JUL'22 CAA ENG 5003 COXCHARLES ABBOTT ASSOC INC 352.63
JUL'22 CAA ENG 5005 SCE - SADDLEBACKCHARLES ABBOTT ASSOC INC 377.81 JUL'22 CAA ENG 5004 MNWDCHARLES ABBOTT ASSOC INC 730.44 JUL'22 CAA ENG 5002 AT&TCHARLES ABBOTT ASSOC INC 1,309.75 JUL'22 CAA-7 COMPUTER STATIONS LEASE CREDITCHARLES ABBOTT ASSOC INC (350.00) P#CD2022-00009-C&D REFUND-GRASON CONS/63 ENDLESSGRASON CONSTRUCTION 500.00 BLDR22-00218-C&D REFUND-PACIFIC CREST/WINDFLOWERPACIFIC CREST ROOFING 500.00 34,212.65

CITY COUNCIL
JUL'22-5 CC PHONESAT&T 247.75
CITY COUNCIL TOTAL: 247.75

CITY MANAGER
OCT'22-PG-HEALTH PREMIUMCALPERS HEALTH 149.00
JUL'22-CITY MANAGER PHONEAT&T 251.56
JUL'22-HR PHONEAT&T 49.55
CITY MANAGER TOTAL: 450.11

ECONOMIC DEVELOPMENT
8/5-9/1/22 TOWN CENTER STORAGE BIN RENTALHAULAWAY STORAGE CONTAINERS INC 92.40 AUG'22-AV RANCH VOICE OVER & RE-EDITSERIC WINTER 637.23 ECONOMIC DEVELOPMENT TOTAL: 729.63

HUMAN RESOURCES
MAY-JUN'22 TB TESTS & EMPLOYEE EXAMSSOUTH COAST MEDICAL GROUP 460.00 JUL-AUG'22-TB TESTS & EMPLOYEE EXAMSSOUTH COAST MEDICAL GROUP 555.00 HUMAN RESOURCES TOTAL: 1,015.00

CITY CLERK
MO-FY22-23 CCAC MEMBERSHIP DUESCITY CLERK'S ASSOCIATION OF CALIFORNIA 200.00 CITY CLERK TOTAL: 200.00

FINANCE
OCT'22 CALPERS ADMIN FEECALPERS HEALTH 89.77
OCT'22 CALPERS ADMIN FEECALPERS HEALTH 10.72
JUL'22 PARS REP FEESPARS 300.00
FY20-21 SINGLE AUDITROGERS ANDERSON MALODY & SCOTT LLP 3,200.00 AUG'22 CUSTODIAN CHARGESUS BANK N.A. - CUSTODY 320.25
FINANCE TOTAL: 3,920.74

INFORMATION TECHNOLOGY
9/10-10/9/22 ACCT#0202-CH-TV/CABLECOX COMMUNICATIONS, INC 173.87 JUL'22- CH 4 MIFIAT&T 163.96
JUL'22 EOC MIFIAT&T 160.96
JUL'22-4 EOC PHONESAT&T 109.14
JUL'22-CH FLEET COMPLETEAT&T 52.08
8/11/22-8/10/23 MANAGED ENGINE OS DEPLOYER SUBSSHI INTERNATIONAL CORP 1,575.00 FY22-23 CH EATON UPSEATON CORPORATION 3,310.00
INFORMATION TECHNOLOGY TOTAL: 5,545.01
09/29/2022
32 Description (Item)Vendor Name Amount

NON-DEPARTMENTAL
FY22-23 SOUTH COUNTY SPORTSZONECITY OF MISSION VIEJO 9,405.00 AUG'22 VISTA PARK LANDSCAPINGNIEVES LANDSCAPE INC 1,028.96 AUG'22 CITY CAR FUELVOYAGER FLEET SYSTEMS INC 335.72
AUG'22-6.64 HRS PIO SERVICERK BRANDS, LLC 597.60
AUG'22 - JULY 4TH BANNERS REMOVAL SRVVIGICABI INC 1,400.00 NON-DEPARTMENTAL TOTAL: 12,767.28
C. S. ADMINISTRATION
REF0011555110 NOTICE INVITING PROP-REC BROCHURECALIFORNIA NEWSPAPERS PARTNERSHIP 1,148.66 2022 VETERANS LAPEL PINSDP TRADING INC 353.00
OCT'22-HW-HEALTH PREMIUMCALPERS HEALTH 149.00
OCT'22-DP-HEALTH PREMIUMCALPERS HEALTH 149.00
FY22-23-REC DEPT-CPRS MEMBERSHIP RENEWALCA PARK & RECREATION SOCIETY DISTRICT X 1,512.35 2022 VETERANS EVENT THANK YOU CARDSSOLINK INC 139.00
100 VETERAN YARD SIGNS FOR VETERAN EVT GIVEAWAYSOLINK INC 999.00 8/6 PET FAIR SHOOTERIC WINTER 360.50
AUG'22 SMP FUND TRANSPORTATION SRVCABCO YELLOW INC 367.50 C. S. ADMINISTRATION TOTAL: 5,178.01

IGLESIA PARK
AUG'22 IGLESIA LANDSCAPINGNIEVES LANDSCAPE INC 6,846.00 AUG'22 ACCT#7997 IGLESIA PARK ELECTRICITYSO CAL EDISON 211.52 IGLESIA PARK TOTAL: 7,057.52

IGLESIA BUILDING
SEP'22 IGLESIA PEST CONTROL SRVZAPP PEST MANAGEMENT 75.00 SEP'22 IGLESIA JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 950.00 AUG'22 ACCT#7997 IGLESIA BUILDING ELECTRICITYSO CAL EDISON 2,527.91 IGLESIA BUILDING TOTAL: 3,552.91

PLANNING
3/1-10/31/22 ENERGOV ANNUAL MAINT/LICENSING FEESTYLER TECHNOLOGIES-INCODE DIVISION 8,353.33 FY 22-23 ENERGOV DYNAMIC REPORTS MODIFICATIONSTYLER TECHNOLOGIES-INCODE DIVISION 5,000.00 OCT'22-MF-HEALTH PREMIUMCALPERS HEALTH 149.00
AUG'22 AFFORDABLE HOUSING PROFESSIONAL SRVREBECCA J CAHA 1,837.50 JUN'22- AG PLNG CONSULTANT SERVICESSAGECREST PLANNING AND ENVIRONMENTAL, LLC 8,400.00 7/2-8/1/22 AVTC PROFESSIONAL CONSULTATION SRVBRIAN JAMES CORNELIUS 16,160.00 PLNG-OFFICE SUPPLIESSTAPLES ADVANTAGE 50.19
PLANNING TOTAL: 39,950.02

BUILDING
FY21-22 BUILDING SCANNING PLAN & PERMITS SERVICEECS IMAGING INC 15,003.05 JUL'22 CAA BUILDING SERVICESCHARLES ABBOTT ASSOC INC 44,208.95 BLDG-OFFICE SUPPLIESSTAPLES ADVANTAGE 229.54
BLDG-OFFICE SUPPLIESSTAPLES ADVANTAGE 48.35
BUILDING TOTAL: 59,489.89

CODE ENFORCEMENT
JUL'22 CAA CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 6,293.21 CODE ENFORCEMENT TOTAL: 6,293.21

ENGINEERING (GENERAL)
JUL'22-PW TABLETSAT&T 179.57
AUG'22 ON CALL LANDSCAPE & ARCHITECTURAL SERVICESRICHARD FISHER ASSOCIATES 3,436.85 JUL'22 CAA NPDES COSTSCHARLES ABBOTT ASSOC INC 16,176.71 JUL'22 CAA SOLID WASTECHARLES ABBOTT ASSOC INC 7,907.20 JUL'22 CAA PW ENGINEERING-ADMINCHARLES ABBOTT ASSOC INC 2,479.15 ENGINEERING (GENERAL) TOTAL: 30,179.48

STREET MAINTENANCE
JUL'22 CAA STREET MAINTENANCECHARLES ABBOTT ASSOC INC 8,906.12 STREET MAINTENANCE TOTAL: 8,906.12

LAW ENFORCEMENT-OTHER
JUL'22-PALS PHONEAT&T 44.52
LE-DEP.BAKER MOTORCYCLE BMW VIN#3962 -REPAIR & SRVSEAVCO INC 1,103.26 BRASS NAME BADGES-A.HERNANDEZ/J.CORAL/K.SIFUENTEZJ&M TROPHIES INC 31.52 33 Description (Item)Vendor Name Amount
AUG'22 LE MOTORCYCLE FUEL & CAR WASHESVOYAGER FLEET SYSTEMS INC 850.53 LAW ENFORCEMENT-OTHER TOTAL: 2,029.83
GENERAL FUND TOTAL: 221,725.16
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
SEP'22 CITY HALL PEST CONTROL SRVZAPP PEST MANAGEMENT 75.00 SEP'22 CITY HALL JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 3,330.00 SEP'22 CITY HALL JANITORIAL SUPPLIESGORM, INC 439.81
SEP'22 CITY HALL PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00 AUG'22 CITY HALL LANDSCAPINGNIEVES LANDSCAPE INC 678.00 OCT-DEC'22 35 PLAYA MASTER HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 104.64 OCT-DEC'22 CITY HALL MASTER HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 1,503.39 NON-DEPARTMENTAL TOTAL: 6,245.84
GEN. FD-CITY HALL TOTAL: 6,245.84
103 - GF-AV RECREATION SERVICES
USER CREDIT CONVERSION-BLANCA AVILABLANCA AVILA 54.00

54.00 RECREATION SERVICES
9/24 AVR DRY CLEANING SERVICESPRESS-TIGE ENTERPRISES INC 84.67 AUG'22 AV RANCH SCISSOR LIFTSUNBELT RENTALS, IN 909.54
SEP'22 AV RANCH PEST CONTROL SRVZAPP PEST MANAGEMENT 95.00 JUL'22-4 REC PHONESAT&T 179.28
JUL'22-REC TABLETSAT&T 40.24
8/24 & 8/31 AVR BOTTLED WATER SERVICESDS SERVICES OF AMERICA, INC 123.99 SEP'22 AVR REPLACEMENT LIGHT GLOBESCONSOLIDATED ELECTRICAL DISTRIBUTORS, INC 761.90 SEP'22 AVR PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 NL-LEGOLAND BUS PARKING- DAY CAMP EXCURSIONUS BANK PURCHASING CARD PROGRAM 35.00 NL-CITY DAY CAMP PENCIL SHARPENERS-AMAZONUS BANK PURCHASING CARD PROGRAM 5.38 NL- CITY DAY CAMP ORDER-SUBWAYUS BANK PURCHASING CARD PROGRAM 28.78 NL-KNOTT'S PARKING- DAY CAMP EXCURSIONUS BANK PURCHASING CARD PROGRAM 30.00 NL-CITY DAY CAMP ORDER-SUBWAYUS BANK PURCHASING CARD PROGRAM 31.28 NL- RETURNED ITEM-WALMARTUS BANK PURCHASING CARD PROGRAM (18.30) NL- STORAGE BIN-TARGETUS BANK PURCHASING CARD PROGRAM 7.75 NL- STORAGE BIN-WALMARTUS BANK PURCHASING CARD PROGRAM 18.30 NL- HOSE RIG FOR FACILITY-AMAZONUS BANK PURCHASING CARD PROGRAM 107.93 AUG'22 AV RANCH LANDSCAPINGNIEVES LANDSCAPE INC 2,262.67 FALL 2022-AFS192 SENIOR CARDIO-3 PARTICIPANTSBETTER LIFE HEALTH INC 180.00 FALL 2022-AFS093 KARATE-2 PARTICIPANTSWADORYU USA INC 98.00 FALL2022 AFS040 LITTLE HOOPERS-8 PARTICIPANTSBREAKTHROUGH SPORTS LLC 379.20 FALL2022-AFS237/221/280 KIDS HIP HOP-19 PARTFITNESS WITH FLAVOR LLC 552.00 FY22-23 AVR EATON UPSEATON CORPORATION 5,000.00
RECREATION SERVICES TOTAL: 11,022.61
GF-AV RECREATION SERVICES TOTAL: 11,076.61
203 - GAS TAX

TRAFFIC ENGINEERING
AUG'22 TRAFFIC SIGNAL MONITORING SRVHARTZOG & CRABILL INC 2,353.36 JUL'22 PAVEMENT EVALUATION PHASE II SRVGMU GEOTECHNICAL INC 7,492.30 TRAFFIC ENGINEERING TOTAL: 9,845.66

STREET MAINTENANCE
AUG'22 PACIFIC PARK/LA PAZ SPLICE BOX INSTALLATIONBEAR ELECTRICAL SOLUTIONS INC 3,125.00 AUG'22 TRAFFIC SIGNAL MONITORING-REPONSEBEAR ELECTRICAL SOLUTIONS INC 11,421.05 AUG'22 TRAFFIC SIGNAL MONITORING-ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,162.60 AUG'22 MEDIANS LANDSCAPINGNIEVES LANDSCAPE INC 1,586.00 DOC#7590450676 UPGRADE LUMINAIRE ST LGHTSSO CAL EDISON 172.00 AUG'22 GS1 MEDIANS ELECTRICITYSO CAL EDISON 74.21
STREET MAINTENANCE TOTAL: 19,540.86
GAS TAX TOTAL: 29,386.52
34 Description (Item)Vendor Name Amount
204 - MEASURE M

GEN-MEASURE M
AUG'22 SMP M2 FUND TRANSPORTATION SRVCABCO YELLOW INC 1,470.00 GEN-MEASURE M TOTAL: 1,470.00
MEASURE M TOTAL: 1,470.00
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
JUL-SEP'22 800MHZ COST ALLOCATIONCOUNTY OF ORANGE 5,244.00 AUG'22 AFISCOUNTY OF ORANGE 1,904.00
LAW ENFORCEMENT-OTHER TOTAL: 7,148.00
PUBLIC SAFETY GRANTS TOTAL: 7,148.00
225 - INTEGRATED WASTE MGMT FD

GEN-BEV CONTAINER RECYCLE
AUG'22 CH DRINKING WATER FOUNTAINS INSTALLTIONUNITED BUILDING AND DEVELOPMENT SERVICES LLC 3,895.00 GEN-BEV CONTAINER RECYCLE TOTAL: 3,895.00
INTEGRATED WASTE MGMT FD TOTAL: 3,895.00
241 - TECHNOLOGY FUND

GEN-TECHNOLOGY GRANTS
AUG'22 CC MTGS & AV SITE VISITSERIC WINTER 545.90
GEN-TECHNOLOGY GRANTS TOTAL: 545.90
TECHNOLOGY FUND TOTAL: 545.90
251 - FEDERAL GRANTS

GEN-FEDERAL GRANT
DEC'21-JUN'22 CDBG-CV BUSINESS GRANTTHERESA DOBBS 1,620.00 JUL-AUG'22 CDBG-CV BUSINESS GRANTTHERESA DOBBS 675.00
GEN-FEDERAL GRANT TOTAL: 2,295.00
FEDERAL GRANTS TOTAL: 2,295.00
261 - CITY FAC.-AQUATIC CENTER

GEN-AQUATIC CENTER
SEP'22 AQ CTR PEST CONTROL SRVZAPP PEST MANAGEMENT 75.00 SEP'22 AQ CTR JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,100.00 AUG'22 AQ CTR LANDSCAPINGNIEVES LANDSCAPE INC 912.48
OCT-DEC'22 AQC FIRE ALARM MONITORING SRVALARM CONNECTIONS, LLC 152.88 GEN-AQUATIC CENTER TOTAL: 3,240.36
CITY FAC.-AQUATIC CENTER TOTAL: 3,240.36
311 - STREET IMPROVEMENTS

TRAFFICE SAFETY
AUG'22 #130 ALISO CREEK TRAFFIC SIGNAL SYNCHARTZOG & CRABILL INC 1,472.44 TRAFFICE SAFETY TOTAL: 1,472.44

STREETS & HIGHWAYS
AUG'22 #128ENTERPRISE REHAB- ACR TO AVP DESIGNENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 7,265.30 STREETS & HIGHWAYS TOTAL: 7,265.30
STREET IMPROVEMENTS TOTAL: 8,737.74
GRAND TOTAL: 295,766.13
35 City of Aliso Viejo

AGENDA ITEM
DATE: October 19, 2022
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/Treasurer SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 2005-01
(GLENWOOD AT ALISO VIEJO) LOCAL AGENCY SPECIAL TAX AND
BOND ACCOUNTABILITY ACT COMPLIANCE (SB 165) REPORT FOR
FISCAL YEAR ENDED JUNE 30, 2022
Recommended Action:

Accept and file the Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo) Local Agency Special Tax and Bond Accountability Act Compliance (“SB 165”) Report for Fiscal Year June 30, 2022.

Fiscal Impact:

There is no fiscal impact to accept and file the report.

Background:

Community Facilities District No. 2005-01(Glenwood at Aliso Viejo) (“CFD No. 2005-01”) was formed by the City on March 16, 2005, for the purpose of financing the acquisition and/or construction of certain public improvements to be owned by the City, the County of Orange and Moulton Niguel Water District. On December 6, 2007, the City issued the CFD No. 2005-01 (Glenwood at Aliso Viejo) 2007 Special Tax Bonds (the “2007 Bonds”) in the amount of $34,070,000. Proceeds of the Bonds were used to finance the acquisition and construction of the authorized public facilities. On February 13, 2014, the City issued for CFD No. 2005-01 the 2014 Special Tax Refunding Bonds in the aggregate amount of $32,270,000 (“Refunding Bonds”).

Discussion:

The Senate Bill (SB) 165 Report includes information prepared in compliance with the Local Agency Special Tax and Bond Accountability Act (“Accountability Act”). The Accountability Act was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. According to the requirements of the 36

Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying the special tax and or issuing a bond measure and shall contain a description of the following:
(1) The amount of funds collected and expended.
(2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

The SB 165 Report includes information regarding the amount of annual Special Taxes collected and the authorized expenditures for fiscal year 2021-22. A total of $2,151,682 was collected and $2,138,170 was expended on debt service and transfers to the reserve fund.

Environmental:

None
Attachment:

1. Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo) LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT COMPLIANCE (SB 165) REPORT FOR FISCAL YEAR ENDED JUNE 30, 2022
37 City of San Clemente

James Makshanoff, City Manager
Erik Sund, Assistant City Manager
Jake Rahn, Financial Services Officer
City of San Clemente
100 Avenida Presidio
San Clemente, CA 92672
T. 949.361.8200
F. 949.361.8283

Bond Counsel

Warren B. Diven, Partner
Nora O’Brien, Associate
Best, Best & Krieger LLP
655 W. Broadway, 15th Fl
San Diego, CA 92101-3542
T. 619.525.1300
F. 619.233.6118

Fiscal Agent

Sabbir Hossain, Associate Client Services Manager
The Bank of New York Mellon Trust Company, N.A.
400 South Hope Street, Suite 500
Los Angeles, CA 90071
T. 213.630.6279
F. 213.630.6215

Special Tax Administrator

Scott Koppel/Douglas Floyd
Koppel & Gruber Public Finance
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
T. 760.510.0290
F. 760.510.0288

CITY OF ALISO VIEJO
COMMUNITY FACILITIES DISTRICT NO. 2005-01
(GLENWOOD AT ALISO VIEJO)

LOCAL AGENCY SPECIAL TAX

AND BOND ACCOUNTABILITY ACT
COMPLIANCE (SB 165) REPORT
FISCAL YEAR ENDED JUNE 30, 2022

CITY OF ALISO VIEJO
12 JOURNEY, SUITE 100
ALISO VIEJO, CA 92656-5335
T. 949.425.2500
38 City of Aliso Viejo
David A. Doyle, City Manager
Ann Eifert, Director of Financial Services/City Treasurer City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656-5335
T. 949.425.2500
F. 949.425.3899

Bond Counsel
Kim Byrens, Partner
Best, Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101-8590
T. 619.525.1300
F. 619.233.6118

Fiscal Agent
Eladia Burgos, Client Services Manager
The Bank of New York Mellon Trust Company, N.A.
400 South Hope Street, Suite 500
Los Angeles, CA 90071
T. 213.630.6231
F. 213.630.6215

Special Tax Administrator
Lyn Gruber/Kara Meverden
Koppel & Gruber Public Finance
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
T. 760.510.0290
F. 760.510.0288
39 TABLE OF CONTENTS

SECTION I. BACKGROUND ....................................................................... 1 SECTION II. BOND PROCEEDS ................................................................. 2 SECTION III. COLLECTION OF SPECIAL TAXES ............................................ 3 SECTION IV. AUTHORIZED FACILITIES ..................................................... 4 SECTION V. EXPENDITURES TO FUND AUTHORIZED FACILITIES .....................5

40 City of Aliso Viejo, Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo) 1 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
SECTION I. BACKGROUND

The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001.

According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California) , an annual report must be filed by the local agency levying a special t ax and/or issuing a bond measure on or before each January 1, commencing January 1, 2002, and shall contain a description of the following:

(1) The amount of funds collected and expended to fund authorized facilities. (2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

The information contained in this Section has been compiled and is being presented pursuant to an in accordance with the requirements outlined in the Accountability Act for Fiscal Year 2021/22.

41 City of Aliso Viejo, Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo) 2 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
SECTION II. BOND PROCEEDS

The Refunding Bonds were issued in the aggregate principal amount of $32,270,000. A portion of the proceeds of the Refunding Bonds, together with certain existing funds on hand, were used to defease and refund the 2007 Bonds. Approximately $30,000 remaining in the improvement fund established for the 2007 Bonds was transferred to the Improvement Fund under the FAA to finance remaining obligations for the construction of the City’s aquatic center facilities. The table below summarizes the application of the Refunding Bond proceeds:

FUND/ACCOUNT/SUBACCOUNT BOND PROCEEDS
Improvement Fund $30,000.00
Reserve Fund 2,992,500.00
Costs of Issuance Fund 202,566.45
Administrative Expense Fund 18,363.76
Escrow Fund1 35,829,122.50
TOTAL2 $39,072,552.71
1 Monies deposited into the Escrow Fund were used to redeem the 2007 Bonds on March 1, 2014. 2 The difference between the Refunding Bond issue amount of $32,070,000 and the total Bond proceeds deposited is the Original Issue Premium less the Underwriter’s Discount plus funds on hand from the 2007 Bonds.

42 City of Aliso Viejo, Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo) 3 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
SECTION III. COLLECTION OF SPECIAL TAXES

In accordance with the FAA, all Special Taxes collected by the City shall be deposited into the Special Tax Fund. The table below provides a summary of the Special Taxes deposited, interest accrued, transfers, and other transactions within the special tax fund established for the 2007 Bonds and the Special Tax Fund established under the FAA for fiscal year ended June 30, 2022.

ITEM BALANCE
BEGINNING BALANCE AS OF JULY 1, 2021 $1,491,117.79
Sources of Funds
Special Tax Receipts $2,151,682.45
Interest Accrued 840.18
Miscellaneous Transfers In 0.00
Subtotal: Sources $2,152,522.63
Uses of Funds
Transfers to Administrative Expense Fund ($0.00)
Transfers to Bond Fund (Debt Service) (2,119,850.00)
Miscellaneous Transfers (Out)1 (18,320.36)
Subtotal: Uses ($2,138,170.36)
ENDING BALANCE AS OF JUNE 30, 2022 $1,505,470.06
1 Represents a transfer to the Reserve Fund.

43 City of Aliso Viejo, Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo) 4 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
SECTION IV. AUTHORIZED FACILITIES

CFD No. 2005-01 is authorized to finance the acquisition and construction of certain facilities to be owned by the City, the County of Orange, and the Moulton Niguel Water District (the “Facilities”). The authorized facilities are summarized in Attachment 4 of this Report.

44 City of Aliso Viejo, Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo) 5 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
SECTION V. EXPENDITURES TO FUND AUTHORIZED FACILITIES

The improvement fund established for the 2007 Bonds to pay for authorized facilities (the “2007 Improvement Fund”) had a balance remaining of approximately $662,337 at June 30, 2013.

Approximately $30,000 of the total amount remaining in the 2007 Improvement Fund was transferred to the Improvement Fund under the FAA to finance remaining obligations for the construction of the City’s aquatic center facilities. The net amount, plus interest, following the transfer of funds to the Improvement Fund, was combined with other sources of funding and used to defease and fully refund the 2007 Bonds.

The following table shows the amount deposited in the Improvement Fund, interest accrued, transfers and expenditures made to fund the authorized facilities from bond issuance. The final expenditures were paid from the Improvement Fund during the fiscal year ended June 30, 2015 and the fund was subsequently closed.

ITEM BALANCE
Sources of Funds
Deposit into the Improvement Fund1 $30,000.00
Interest Accrued 5.52
Total Sources $30,005.52
Expenditures
Aquatic Center Improvements ($21,386.23)
Transfer to Bond Fund2 (8,619.29)
Total Expenditures ($30,005.52)
1 Transferred from the 2007 Improvement Fund.
2 Transferred remaining balance to Bond Fund.

45 City of Aliso Viejo

AGENDA ITEM
DATE: October 19, 2022
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/City Treasurer SUBJECT: LEASE AGREEMENT WITH EFUEL, LLC
Recommended Action:

Approve and authorize the City Manager to execute a temporary month-to-month lease agreement with EFUEL, LLC for the use of office space located at City Hall, within Suite 200.

Fiscal Impact:

The lease agreement will provide the City with $553.50 per month in rental income.

Background:

EFUEL is an independent wholesale distributor of gasoline, diesel, and other refined petroleum products with its corporate and sales headquarters located in the City of Aliso Viejo. In 2016, the City entered into an Operating Covenant Agreement with EFUEL, LLC, to provide monetary incentives to remain and generate sales tax revenue for the City. EFUEL is one of the City’s largest sales tax generators for the City.

Discussion:

EFUEL’s current leasing agreement for their corporate office is terminating at the end of October 2022 and as a result is seeking a new location within the City.

The City currently has unused office space located within Suite 200 of City Hall. EFUEL and staff discussed the potential for a temporary lease of office space until a permanent location is identified or until the space is needed for City use. The proposed month-to- month lease agreement will provide EFUEL with approximately 225 square feet of office space at a monthly rent of $553.50 for a period of up to six months. The rate and terms of the agreement is consistent with other tenants in the building.

Attachment:

1. Lease Agreement
46 47
48 49
50 51
52 53
City of Aliso Viejo

AGENDA ITEM
DATE: October 19, 2022
TO: Mayor and City Council
FROM: Lizzy Mendoza, Recreation & Community Services Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH ADVANTAGE

MAILING LLC FOR PRINTING AND MAILING SERVICES OF

RECREATION BROCHURE
Recommended Action:

Approve and authorize the City Manager to execute a Professional Services Agreement with Advantage Mailing LLC for the printing and mailing services of the quarterly Community Connection Recreation Brochure and Summer Camp Pocket Brochure.

Fiscal Impact:

The fiscal impact is $369,099 for three years. There is a cost savings of $13,366 for FY 2022-23 for the printing of the remaining Community Connection Recreation Brochures and Summer Camp Pocket Brochure. Funds are available in the adopted FY 2022-23 budget.

Background:

Staff prepared a Request for Proposals (RFP), including specifications and requirements for the printing and mailing services of the quarterly Community Connection Recreation Brochure and the Summer Camp Pocket Brochure. Companies were requested to provide their cost for printing and mailing services of the Recreation Brochures detailing available activities, classes, special events, and City news. Up to 25,500 copies of each quarterly Community Connection Recreation Brochure and Summer Camp Pocket Brochure may be printed, with approximately 21,340 copies delivered to residents and businesses in Aliso Viejo. Westamerica Communications has provided the printing and mailing services of the quarterly Community Connection Recreation Brochure and the Summer Camp Pocket Brochure since 2019.

The RFPs were advertised on the City website and OC Register.

On September 13, 2022, staff received proposals for the printing and mailing services of the quarterly Community Connection Recreation Brochure and the Summer Camp Pocket 54 Brochure from Advantage Mailing LLC, Westamerica Communications, and The Dot.

Staff reviewed the proposals for completeness, work plan, references, capabilities of the company, and cost.

Discussion:

Rankings based upon the required criteria are as follows, along with the proposed cost of sheet-fed printing services for 3 years.

1. Advantage Mailing LLC - $470,007

2. Westamerica Communications - $561,673

3. The Dot - $479,371
During the negotiation process with Advantage Mailing LLC, it was determined that web- based printing would be used for the printing and mailing services of the quarterly Community Connection Recreation Brochure and Summer Camp Pocket Brochure due to the additional cost savings of $100,908 for the 3-year term totaling $369,099. The web press printing method feeds off a large roll of paper and prints larger quantities faster while still resulting in high-quality printing. Westamerica Communications does not have the capability to print using the web press printing method. The final bidder, The Dot did not meet expectations and submitted an incomplete proposal.

Staff recommends Advantage Mailing LLC to perform the printing and mailing services of the quarterly Community Connection Recreation Brochure and Summer Camp Pocket Brochure. They have over 25 years of experience with printing and mailing services, and they are one of the largest mailers in the state, processing nearly 2,000,000 postal pieces each day. Advantage Mailing LLC received positive reviews during the reference check on their customer service, experience, and ability to meet deadlines, and complete projects. Additionally, Advantage Mailing LLC provides printing and mailing services to several other Orange County cities, including; Laguna Beach, Yorba Linda, and Lake Forest.

Staff recommends City Council approve a three-year agreement with Advantage Mailing LLC, with an option to renew the agreement for two additional one-year terms, for the printing and mailing services of the quarterly Community Connection Recreation Brochures and Summer Camp Pocket Brochure.

Attachment:

1. Agreement
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 City of Aliso Viejo

AGENDA ITEM
DATE: October 19, 2022
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: AGREEMENT WITH AMBER GREGG PLANNING + ENTITLEMENTS FOR THE 2021-2029 HOUSING ELEMENT
Recommended Actions:

1. Approve an agreement in the amount of $105,000 to Amber Gregg Planning + Entitlements for the 2021-2029 Housing Element; and

2. Authorize the City Manager to execute the agreement with Amber Gregg Planning + Entitlements for the 2021-2029 Housing Element.

Fiscal Impact:

The cost for the services provided under the agreement is not to exceed $105,000. Funds for this project are available in the adopted FY 2022-23 budget.

Background:

On March 18, 2020, the City Council approved an agreement with JHD Planning LLC (“JHD”) to prepare the 2021-2029 Housing Element (“HE”) and related CEQA documentation. Staff worked with JHD and prepared the HE for City Council’s consideration.

On January 19, 2022, the City Council adopted the 2021-2029 Housing Element, which was subsequently submitted to the Department of Housing and Community Development (“HCD”) for certification. On April 1, 2022, HCD sent a letter to the City notifying that the 2021-2029 Housing Element requires revisions for certification.

Recently, Staff reached out to JHD to prepare the HCD required revisions to the HE. JHD notified Staff that they do not have the capacity to proceed with the work at this time. As a result, Staff publicly advertised a Request for Proposals (“RFP”) in August 2022 and received two proposals in response.
78

Discussion:

In reviewing the two proposals received, Amber Gregg Planning + Entitlements (“AG”) demonstrates a better understanding of the project scope and has personnel available with extensive experience in preparing HEs. Staff is recommending that the City Council approve the agreement with AG in the amount of $105,000 to prepare a revised HE for HCD certification. The agreement amount is already budgeted in the adopted FY 2022- 23 budget and no additional appropriation is required. Staff expects the actual end cost to be lower as a portion of the revisions will be prepared in-house, in partnership with AG.

Attachment:

1. Agreement
79 60367.01100\33488377.1

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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR
2021-2029 HOUSING ELEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 2022, by and between the City of Aliso Viejo, a municipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and Amber Gregg Planning + Entitlements, a corporation, with its principal place of business at 34818 Calle Del Sol, Capistrano Beach, CA 92624 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional planning consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the 2021- 2029 Housing Element (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 T
erm . The term of this Agreement shall be from October 20, 2022 to December 31, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

80 60367.01100\33488377.1

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3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS Form W-9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 S
chedule of Services .

3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Tasks set forth in Exhibit “A” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean 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; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authori ties that are required for the S ervices); (4) strikes and other organized labor action occurring at the site and the effects thereof on the S ervices, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
81 60367.01100\33488377.1

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3.2.2.3 Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 S ubstitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompe tent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreeme nt are as follows: Amber Gregg, Leslea Meyerhoff, Mary P. Wright, and Edith D. Medina Huarita.

3.2.5 C
ity’s Representative . The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ( “City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Community Development Director, or his or her designee, as the City’s contact f or the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 C
onsultant’s Representative. Consultant hereby designates Amber Gregg, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 C
oordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 S
tandard of Care; Per formance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling 82 60367.01100\33488377.1

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necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free an d harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 I
nsurance.

3.2.10.1 Time for Compliance. Consultant shall not commen ce Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 T
ypes of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and wi thout limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an 83 60367.01100\33488377.1

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aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for ex ample, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agre ement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo , its officials, officers, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the performance of the
Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; 84 60367.01100\33488377.1

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(3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) da y written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.

3.2.10.4 Primary and Non- Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self -insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 W
aiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 D
eductible . Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
85 60367.01100\33488377.1

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3.2.10.7 Evidence of Insurance . T he Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 F
ailure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 I
nsurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Cons ultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 S
afety . Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, an d shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) a dequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

86 60367.01100\33488377.1

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3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED AND FIVE THOUSAND DOLLARS ($ 105,000) (“Total Compensation”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 P ayment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services an d supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non- disputed and approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 E xtra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 P
revailing Wages ; DIR Registration.

3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 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 and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the proje ct site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless 87 60367.01100\33488377.1

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from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered w ith the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 E
ffect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 A
dditional Servic es. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 88 60367.01100\33488377.1

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3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

Amber Gregg Planning + Entitlements
34818 Calle Del Sol
Capistrano Beach, CA 92624
Attn: Amber Gregg
City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Community Development Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 C
onfidentiality . All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Ser vices. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related 89 60367.01100\33488377.1

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industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the re lease of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not r elease the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 F
raud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.

Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.

3.5.5 C
ooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.6 A
ttorney’s Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.7 I
ndemnification .

3.5.7.1 To the fullest extent permitted by law, Consultant shall d efend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, 90 60367.01100\33488377.1

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subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

3.5.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.9 G
overning Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.10 T ime of Essence. Time is of the essence for each and every provision of this Agreement.

3.6 C ity ’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.8 A ssignment or Transfer. Consulta nt shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.9 C
onstruction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultan t include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of 91 60367.01100\33488377.1

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reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.11 Wai ver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.12 N
o Third Party Beneficiaries . There are no intended third party beneficiaries o f any right or obligation assumed by the Parties.

3.13 I nvalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.14 P
rohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 E
qual Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.16 L
abor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.17 A
uthority to Enter Agreement . Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
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3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.19 D eclaration of Political Contributions . Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, wit hout prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND [INSERT NAME]

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2022.

CITY OF ALISO VIEJO

Approved:

By:

David Doyle
City Manager

ATTEST:

By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
Amber Gregg Planning + Entitlements

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

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

94 60367.01100\33488377.1

C-1

EXHIBIT “A”

SCOPE OF SERVICES AND COMPENSATION

95 PROPOSAL & STATEMENT OF

QUALIFICATIONS FOR

ON-CALL PLANNING

SERVICES

HOUSING SPECIALIST & ASSOCIATED

CALIFONIA ENVIROMENTAL QUALITY ACT (CEQA)

COMPLIANCE

FOR THE CITY OF ALISO VIEJO
SUBMITTED TO:

CITY OF ALISO VIEJO
ATTN: SO KIM

COMMUNITY DEVELOPMENT DIRECTOR
12 Journey, Suite 100
Aliso Viejo , CA 926 56

September 16, 2022
96 Amber Gregg, Inc.
(949) 565-5484 [email protected]
2 CITY OF ALISO VIEJO ON -CALL PLANNING CONSULTANT SERVICES

TABLE OF CONTENTS
SUMMARY SHEET .......................................................................................................................................... 3 KEY PERSONNEL ........................................................................................................................................... 5 PROJECT APPROACH ................................................................................................................................ 13 SCOPE OF WORK ....................................................................................................................................... 16 EXPERIENCE................................................................................................................................................ 17 ADDITIONAL FORMS ................................................................................................................................. 18 SERVICE RATE SCHEDULE .......................................................................................................................... 19 REFERENCES ............................................................................................................................................... 21

97 60367.01100\33489632.1
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City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO
SUMM

ARY SHEET
Firm Name: Amber Gregg, Planning & Entitlements
Firm Parent or Ownership: Amber Gregg, Inc
Firm Address: 34818 Calle Del Sol, Capistrano Beach, CA 92624 Firm Telephone Number: (949) 565-5484
Firm Fax Number:

Number of years in existence: 5 years
Management Contact (person responsible for direct contact with the City of Aliso Viejo and auditing services required for this Request for Proposals):

Title: CEO, Founder
Fax:

Name: Amber Gregg
Telephone Number: (949) 565-5484
Email: [email protected]
Proj
ect Manager (Person responsible for managing the audit at the client site and preparation of the audit work papers):

Title: CEO, Founder
Fax:

Name: Amber Gregg
Telephone Number: (949)565-5484
Email: [email protected]
Types of services provided by the firm:

Urban
Planning Consulting Firm
Title Signature Print Name
This executed form must be submitted with the Proposal.

Amber Gregg Nicholas CEO, Founder
N/A
N/A
98 Amber Gregg, Inc.
(949) 565-5484 [email protected]
4 CITY OF ALISO VIEJO ON -CALL PLANNING CONSULTANT SERVICES

September 16, 2022
City of Aliso Viejo
Attention: So Kim, Community Development Director
12 Journey, Suite 100
Aliso Viejo, CA 92656

RE: Proposal & Statement of Qualifications for On-Call Planning Services.

Dear Mrs. Kim,

Thank you for the opportunity to provide our Statement of Qualifications (SOQ) to support you and the Planning Division of the City of Aliso Viejo in preparing your housing and California Environmental Quality Act (CEQA) documents, on an on-call basis. This proposal includes the following sections: (1) Personnel, (2) Project Approach, (3) Scope of Work, (4) Experience (5) Aliso Viejo Additional Forms, (6) Cost Proposal, and (6) References.

Amber Gregg, Inc. has a team of housing professionals including key technical staff specializing in demographic evaluation, affirmatively furthering fair housing (AFFH), site inventory analysis, and GIS analytics. In addition, we have a full-service team of environmental professionals, including key technical staff for air quality, greenhouse gas, biology, cultural, noise and traffic studies to support the review and preparation of CEQA documents.

Amber Gregg, Inc. is committed to providing outstanding client service. We welcome the opportunity to work with you and look forward to supporting you and the City of Aliso Viejo with your housing and CEQA compliance services.

Please do not hesitate to contact me at (949) 565-5484 or [email protected], if I can answer any questions or provide you with any additional information.

Sincerely,

Amber Gregg, CEO

99 Amber Gregg, Inc.
(949) 565-5484 [email protected]
5 CITY OF ALISO VIEJO ON -CALL PLANNING CONSULTANT SERVICES

KEY PERSONNEL

INTRODUCTION TO AMBER GREGG, INC
Amber Gregg, Inc . offers a strong combination of project management skills, housing element development, technical understanding, significant experience working with California cities and other public agencies, expertise with State and Federal regulations, and established w orking relationships with key regulatory agencies.

We are highly experienced, and dedicated to, assisting public agency clients in all phases of project development including land use and policy planning, environmental report preparation, and regulatory pe rmitting while functioning as an extension of staff. Our clients rely on us for assistance in navigating complex regulations and related challenges because of our responsive nature and the proven results of our team.

Our regulatory expertise in Land Use and Planning, California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), combined with our responsiveness and strategic advocacy for our client’s needs, enables us to effectively navigate complex regulations and provide effective solutions to project challenges.

We are known for our abilities to expedite work as required to meet client needs. We understand time and budget go hand -in-hand and are focused on working effectively and efficiently. We are committed to remaining a smal l consulting practice leader in the region, and to bringing a highly qualified team of technical professionals to respond to every task assigned by our clients.

We offer expertise in a wide range of professional services highlighted below:

HOUSING REGULATION COMPLIANCE
• Housing Element assessment with compliance with state laws and regulations including:
o Housing Opportunities and Constraints
o RHNA impact assessment and compliance
o Affirmatively Furthering Fair Housing (AFFH) assessment and compliance o Development of Housing Plan and Policies

ENVIRONMENTAL IMPACT ASSESSMENT
• CEQA & NEPA impact assessments and compliance

LAND USE PLANNING ENVIRONMENTAL IMPACT ASSESSMENT
• CEQA & NEPA impact assessments and compliance
• Land Use Planning and Development Laws and Regulations • Project Application Review and Environmental Determinations

100

Amber Gregg, Inc.
(949) 565-5484 [email protected]
6 CITY OF ALISO VIEJO ON -CALL PLANNING CONSULTANT SERVICES Extension of Staff and Project Management Services
• Extension of Staff/Adjunct Staff Services
• Project Management Services
• Local and Regional Permitting Requirements
Amber Gregg , will be the primary point of contact with the City. Ms. Gregg will provide project management and project oversight. As needed, Amber Gregg, Inc will assemble a technical team based on specific technical skill sets and experiences, strong record of accomplishment of professional successes, and demonstrated capabilities within the respective discipline. All of our technical specialists have substantial experience and a strong record of accomplishment of past performance in successfully completing compliance requirements for public and private projects in California. Key personnel will participate in staff meetings, progress review meetings, and other meetings as needed to effectively support the City.

Our commitment to the City will be consistently demonstrated through proactive, direct, and timely communications with the City. Second, we will act as an extension of, and in collaboration with, City Staff and will operate from the perspective of the best interests of the City. Third, we will look for the simplest solutions first and will not “reinvent the wheel” where standard practices, analytical methodologies and mitigation measures can be effectivel y utilized to get the job done. Fourth, we will keep City goals and objectives as the focus of our work effort. Fifth, we will initiate the contract with a comprehensive approach to obtaining necessary approval to support timely implementation of the project.

For the duration of the contract, we will coordinate with the City on a regular basis either in person or via telephone calls or via email. Key staff will participate in status meetings/calls relevant to individual assignments for each deliverable and will be available for the duration of the project. City Staff will be invited to participate in the weekly coordination of Project activities.

Primary lines of communication will be coordinated through Mr. Gregg directly with the City. For specialized work for which subconsultant support is required, we will serve as the liaison between the City and the subconsultant. If a preference is expressed by the City to have direct communications with our sub-contractors for effectiveness or efficiency, subconsultan ts will be authorized to communicate directly with designated City Staff. If direct communication occurs in an electronic format, communications will include a copy to Amber Gregg. If communication occurs verbally, sub-contractors will be requested to provide a detailed overview of the nature and scope of the communication and any action item that is a result of the communication. Our integrated approach is designed to ensure effective project management and timely responses to all City data requests.

The Amber Gregg, Inc . Team is comprised of recognized and respected professionals with experience throughout the region. Amber Gregg, Inc . will be supported by the following specialized subconsultants, on an as -needed basis, to supplement City needs for technic al peer review services and/or for the preparation of new or supplemental technical studies for project compliance documentation. • Civic Solutions: Subconsultant for AFFH and Housing resources • Summit Environmental Group: Subconsultant for CEQA Compliance 101

Amber Gregg, Inc.
(949) 565-5484 [email protected]
7 CITY OF ALISO VIEJO ON -CALL PLANNING CONSULTANT SERVICES Civic Solutions is recognized as a leading Planning firm providing services to over 50 municipalities throughout Southern California. Civic Solutions provides a large range of services including community plans, community outreach, comprehensive project p lanning services, and staff support. Headquartered in Orange County, their leadership team is comprised of leading planning expertise with extensive experience working with Orange County municipalities.

Summit Environmental Group produces science-based solutions through technical excellence and focused work efforts. They collaborate with clients to attain their key objectives and advocate for their interests. Clients rely on the Summit team to assist in navigating complex environmental regulations and business challenges and to provide technical and management expertise tailored to their projects.

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8 CITY OF ALISO VIEJO ON -CALL PLANNING CONSULTANT SERVICES

AMBER GREGG

PRINCIPAL
Ms. Gregg is a positive and collaborative community development professional with a “work smarter not harder” philosophy dedicated to improving the quality of life of communities, with a focus on exceptional customer service. Ms. Gregg is a coastal municipal land use and environmental planner with 20 years of professional experience. Working her way up the professional levels to Planning Manager, Ms. Gregg understands the challenges and opportunities local public agencies encounter and how to address them. Ms. Gregg has strong current and long -range planning skills with poised community outreach and presentation skills.

Extensive experience in complex planning regulation documents including General Plan updates, housing element updates, LCP processing, specific plan development/amendments, and legislative updates for consistency with State and Federal requirements. In addition to specializing in coastal communities, Ms. Gregg has extensive experience in Affordable Housing/CDBG, Historic Preservation, Economic Development, Entitlement Processing, and CEQA.

Recognized as a housing expert in the industry, Amber Gregg has assisted multiple agencies with their housing element updates including City of San Clemente, City of Glendora, City of Rolling Hills Estates, and City of Bell Gardens. In addition, Ms. Gregg has served as a housing expert for a number of agencies for their community outreach efforts and public hearing meetings.

Education
• B.S. Business Administration & Minor in Communication, CSU San Marcos • Certificate in Land Use and Environmental Planning, UC Riverside • Continued education on legislative updates, planning trends, & best practices

Professional Experience
• Amber Gregg, Inc Planning and Entitlements, Founder and Principal • City of San Clemente, City Planner (Planning Manager) • City of San Clemente, Associate/Senior Planner
• City of Fontana, Assistant Planner

Certifications / Affiliations / Awards
• Member of : APA, AEP, Urban Land Institute, League of Women in Government, and California Preservation Foundation
• California APA 2022 Conference Co-Chair
• California APA, State Legislative Review Team 2018-present • Orange County APA Board Member – Legislative CO-Chair 2018-present • Orange County Leadership Tomorrow Board Member
• PierPride Foundation Board Member
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Amber Gregg, Inc.
(949) 565-5484 [email protected]
9 CITY OF ALISO VIEJO ON -CALL PLANNING CONSULTANT SERVICES Leslea Meyerhoff, M.A., AICP
Principal & Senior Project Manager, CEQA
Ms. Meyerhoff is a certified land use and environmental planner with 20+ years of professional experience as a planning practitioner representing a variety of public agencies throughout California. Ms.

Meyerhoff has managed the development of local coastal programs, primary infrastructure projects including water supply projects, power stations, and shoreline management and beach restoration projects.

Ms. Meyerhoff has experience working with cities and special districts and has served as the Project Manager for numerous complex projects.

She has spent the majority of her career as a land use planning consultant and early on worked as a legislative aide for state and local officials on land use and environmental policy development. Ms. Meyerhoff places special emphasis on a commitment to consistently providing the highest levels of client service and functioning as an extension of public agency staff.

Education
• M.A. Environmental Analysis & Policy. UCLA
• B.A. Government and Environmental Studies. CSU, Sacramento

Professional Experience
• Summit Environmental Group, Inc. Founder and Principal • Harvey Meyerhoff Consulting Group, Inc. Principal and Senior Project Planner • Greystone Environmental Consultants, Southern California Regional Manager • Hofman Planning Associates, Senior Project Manager
• Michael Brandman Associates, Project Manager
• Los Angeles City Council - Legislative Aide
• California State Assembly - Legislative Aide

Certifications / Affiliations / Awards
• American Institute of Certified Planners: AICP certification obtained in 1993 • American Planning Association, San Diego Section Director Pro-Tem 2001-2003 • American Planning Association, San Diego Section Legislative Chair 2003-2005 • American Shore & Beach Preservation Association, Director, 2012-2014 • California Coastal Coalition, Friend of the Coast Award, 2013 • California Chapter, APA Legislative Review Team 2004-2006 • California Chapter, APA, State Water Plan Review Team 2008 104

Mary P. Wright Principal Planner Ms. Wright is a planning professional with over 30 years of planning and environmental experience in Southern California. As Vice President of Civic Solutions, she helps manage the company with an emphasis on maintaining the highest professional standards. She is also a working principal, responsible for managing complex projects and performing high-level urban planning consulting services for the company’s clients. Ms. Wright manages the preparation of general plans, housing elements, zoning ordinances, and special studies. She is adept at formulating work plans that meet the scope and budget parameters of the jurisdiction and creating visionary plans that are tailored to local issues and needs. Ms. Wright served as the project manager for the Jurupa Valley General Plan, that young city’s first general plan since incorporation in 2011, and was acknowledged for creating a comprehensive plan that truly reflects community goals and aspirations. Ms. Wright is a skilled facilitator and knows how to engage diverse community members in meaningful discussions on the future of their area. Key projects include: • City of Buellton, 6th Cycle Housing Element, Buellton, California • City of Jurupa Valley 6th Cycle Housing Element, Jurupa Valley, California • Jurupa Valley 2017 General Plan, Jurupa Valley, California • Inglewood Environmental Justice Element, Inglewood, California • Downey Biomedical Overlay Zone, Downey, California • City of Malibu Planning Services, Malibu, California • City of Lake Forest Planning Services, Lake Forest, California • City of Oceanside Planning Services, Oceanside, California • City of Huntington Beach Community Development Department Organizational Assessment, Huntington Beach, California • City of Carlsbad Planning Services, Carlsbad, California • City of Fountain Valley Planning and Building Department Organizational Assessment, Fountain Valley, California • City of La Habra Heights Planning Services, La Habra Heights, California • South Glendale Community Plan Land Use Analysis, Glendale, California • Barrio Logan Community Plan, San Diego California • Otay Mesa Community Plan*, San Diego California • North Park Community Plan, San Diego, California • Uptown Community Plan, San Diego, California • Golden Hill Community Plan, San Diego, California • Mid-City Transit Interchanges Project, San Diego, California • Mid-City Communities Plan, San Diego, California • Central Urbanizing Planned District Ordinance, San Diego, California *Denotes award-winning project Expertise • Leadership • Project Management • Quality Control • General Plans • Zoning Ordinances • Policy Planning • Development Review • Strategic Land Use Planning • Organizational Effectiveness • Entitlements • Public Facilitation Education Master of City Planning, with Distinction, San Diego State University, San Diego, California Bachelor of Arts, Geography, San Diego State University, San Diego, California Professional Experience City of San Diego Planning Department, San Diego, California, 1986-2012; Deputy Director, 2007-2012

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Edith D. Medina Huarita, MPP, Ph.D.

Expertise • Housing Policy • Land Use Planning • Entitlement Processing • Research and Analysis • Zoning Review • Project Design Review • Project Management • Advance Planning • Public Presentations • Developing Surveys • Data Analysis Education PhD, Urban and Environ-mental Planning and Policy, University of California, Irvine, CA Master in Public Policy, University of California, Los Angeles, CA Bachelor of Arts, Conflict Studies Major, DePauw University, Greencastle, IN Affiliations American Planning Association, California Chapter Urban Affairs Association Association of Collegiate Schools of Planning Technical Skills R and STATA ATLAS.ti ESRI ArcMap Qualtrics Canva Dr. Medina is a highly motivated, results-driven professional with a successful track record as a policy and urban planning researcher with special emphasis in housing policy, landlord-tenant relations, immigrant communities, poverty and inequality. She is bilingual in English and Spanish. Civic Solutions, Inc., Associate Planner, 2021 to Present Dr. Medina provides housing policy, and planning research and analysis services to public agency clients. She is responsible for performing complex research and analysis on existing housing legislation, develops surveys to solicit public input from agencies and stakeholders, and analyzes data to assess and determine housing streamlining needs and useful tools to aid in the implementation of recent housing legislative changes. She prepared educational materials, templates, handouts, applications, and resources on adminstrative streamlining, housing policies, laws, and legislative updates. She is also responsible for performing complex research and analysis regarding land use, housing policy development, and legal requirements. Conducts analysis on housing, economic, population trends, and conducts AFFH analysis for housing elements and RHNA plans. She also serves as an adjunct staff and prepares and makes presentations to planning commissions, and other public bodies. University of California, Irvine, Research Fellow, Fall 2020 to Fall 2021 Dr. Medina assisted in an “Adminigration” research project. She reviewed literature to remain current with new procedures, determined the best methods of data collection, and performed qualitative data analysis. University of California, Irvine, Research Assistant, Summer 2020 Dr. Medina reviewed and provided summaries on literature and research available related to the recent legistative changes to the 6th Cycle Housing Element and implementation challenges for local agencies. City of Pico Rivera, Consultant, Winter 2019/2020 to Fall 2020 Dr. Medina conducted research and analysis regarding homelessness prevention in the City and delivered project requirements and solutions, designed survey instruments for data, and conducted focus group meetings. Various Employers, Legal Research Assistant, 2009 to 2014 Served as a legal researcher for various employers regarding eviction and mass/class action cases against slumlords. Drafted motions, briefs, and other correspondence. Performed legal research and developed jury presentations, and exhibits. Various Educational Institutions, Faculty/Instructor/Lecturer, Fall 2015 to Present Performs instructional and supportive functions in the fields of planning, public policy, public administration, and Latinx studies. Institutions include the University of California, Irvine, California State University, Long Beach, Occidental College, and California State Polytechnic University, Pomona. 106

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13 CITY OF ALISO VIEJO ON -CALL PLANNING CONSULTANT SERVICES

PROJECT APPROACH

UNDERSTANDING APPROACH AND METHODOLOGY
The City of Aliso Viejo, Community Development Department, is currently processing an update to their Housing Element for the 6th planning cycle. The City is seeking to supplement its in-house planning staff with add itional Housing and CEQA technical support staff on an on -call or as - needed basis for Housing Element and CEQA compliance services. The additional support will enable the City to obtain Housing Element certification and meet CEQA compliance needs.

The Request for Proposals from Aliso Viejo is for Housing Specialist and CEQA services. For the purposes of this proposal Amber Gregg, Inc . is submitting for Housing Specialist and CEQA compliance for the Housing Element only. It is not our intent to submit for general on-call CEQA services.

Specific tasks that we are able to assist with are listed below:
• Conduct preliminary review of the adopted 6th cycle Housing Element • Conduct research and prepare all statutory requirements of the Housing Element including:
o Community Profile
o Housing Constraints
o Housing Opportunity Resources
o Housing Plan
o Review of previous Housing Element (2013-2021)
• Organize and facilitate community outreach events
• Provide various GIS services and graphics
• Advise and assist staff with questions related to the projects • Complete all CEQA documents and analysis
• Prepare Staff Reports, Resolutions, and Powerpoint Presentations • Prepare and file all documents with HCD on the City’s behalf For preparation of all compliance documents, Principal and Senior Project Manager Amber Gregg, will be the task manager and primary point of contact with the City. Ms. Gregg will oversee and coordinate all project tasks required for this compliance effort, including project team and subconsultant coordination (if required), internal schedule and budget tracking, and quality assurance/quality control for final documents.

A kickoff meeting (or teleconference) will be held for each new project. The purpose of this meeting will be to get a full understanding of the project, schedule goals, status update of any/all technical reports and background on key issues for the project. Our deliverable schedule will be discussed and agreed to at the start of each project. We will initiate work on each pro ject following the kickoff meeting and receipt of project -related materials and technical reports provided by the City.
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PROJECT COORDINATION
Ms. Gregg will attend project kickoff meetings, site visits, and project coordination meetings.

Other technical staff or subconsultants will attend meetings on an as-needed basis. Ms. Gregg will remain available throughout the project to support City Staff and answer questions related to applicable projects. This task will include general project coordination via email, phone calls, and conference calls, as needed. During our initial coordination meeting, we will establish communication protocols and preferred methods of communication with City Staff, as well as review the proposed project schedule and any available project technical information available to our team.

Amber Gregg, Inc’s completion schedule for each project will be developed in coordination with the City at the start of each project and will reflect City goals, preferences and priorities. Potential variables that are anticipated to affect the schedule will include the size, nature and complexity of the project, the number of required technical studies prepared, need for additional data, coordination with applicant (if required) or changes to the project description.

PREPARATION OF PUBLIC NOTICES
If desired by the City, Amber Gregg, Inc. will work with the City to compile a list of agencies, organizations, and individuals that will receive copies of all notices and/or draft and final documents. If desired by the City, we will also prepare related public meeting/hearing notices that are required during the project’s CEQA review process.

PREPARATION OF THE ADMINISTRATIVE DRAFT DOCUMENTS
Amber Gregg will prepare two screencheck draft (one administrative draft and one screencheck draft) submittals of prepared reports . Drafts will be submitted to the City according to the schedule mutually agreed upon at the start of each project and will allow for adequate internal review periods. A second final draft will be provided to the City, which will incorporate all of the City’s requested changes in redline/strikeout format.

A key first task for each individual project will be to review the project description and all available technical studies prepared under the direction of the City. We will identify any data gaps or other deficiencies or needed technical reports beyond those identified or provided, and if necessary, work with the City to prepare the additional studies or request that these studies be prepared.

We will draft all housing documents to be consistent with the current State regulations and the City’s preparation format and guidelines.

Our internal review draft submittals will be transmitted electronically to the City or uploaded to our sharefile site if there are file size constraints to sending the files electronically. We can also accommodate the City with hard copies if desired.

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PREPARATION OF FINAL DOCUMENTS
We will finalize document s in coordination with City Staff. If desired, we will assist the City in preparing a PowerPoint presentation for the public hearing and will participate in the public hearing when the City considers approving the revised Housing Element. Ms. Gregg will remain available throughout the project to support City Staff and answer questions on the process on an as-needed basis.

QUALITY ASSURANCE AND QUALITY CONTROL
Amber Gregg, Inc . believes that a successful Quality Assurance and Quality Control (QA/QC) Program involves support from the entire project team. T he QA/QC Program will be managed and led by Ms. Gregg and will be coordinated with each team member for each task throughout the contract. All subconsultant work will be thoroughly reviewed and edited prior to submittal to the City.

Our team integrates a p eer review process that ensures high -level quality control for all documentation and client deliverables. Our formal QA/QC process includes four major elements, with senior level review for:

1. Conformance to contract scope of work specifications;

2. Technical accuracy;

3. Legal adequacy for meeting requirements of CEQA and related environmental regulatory requirements; and

4. Proofreading for spelling, composition, readability, and presentation.

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SCOPE OF WORK
Working collaboratively with staff, the following is the approach Amber Gregg, Inc. recommends to achieving a certified housing element:
• Conduct preliminary review of the draft Housing Element and identify all sections that need additional analysis to address HCD comments.
• Coordinate meeting with City staff to review efforts undertaken since receipt of the HCD letter dated April 1, 2022.
• Categorize sections into minor edits, major edits and potential rewrites, additional technical analytics needed, and HCD guidance.
• Coordinate meeting with HCD staff to review approach and obtain additional information and clarification on identified topics, as well as discuss HCD review times for pending resubmittal.
• Conduct RHNA analysis based on current proposed densities and opportunity sites to enable RHNA goals to be achieved for the 6th cycle. This includes a density buffer to meet no net loss requirements. Pending results of the analysis up zoning or rezoning of parcels maybe necessary to meet requirements.
• Review current AFFH information included in the draft Housing Element and provided additional analysis and document as needed to comply with AFFH requirements. • Work with staff to identify if additional public workshops or informational need to be completed to meet public participation requirements for the Housing Element. • Prepare revised draft Housing Element for staff review. • Schedule follow up meeting with HCD prior to submittal to review modifications and approach to HCD Comments.
• Determine necessary CEQA document and complete CEQA requirements. • Coordinate with staff to determine it the revised draft Housing Element is required to be amended prior to resubmittal to HCD.
• Submit final draft document to HCD for review and certification. • Schedule meeting with HCD staff prior to completion of their review period to answer any questions or concerns.

Following resubmittal, HCD has the ability to provide additional comments on the draft Housing Element, or certify the document. The HCD letter dated April 1, 2022, was quite extensive and requested a potentially significant amount of new information to meet statutory requirements.

Amber Gregg, Inc. will work hard to address all comments identified in the HCD letter to obtain certification. However, it should be noted that due to the additional informa tion that will be provided to HCD to address their concerns and meet statutory requirements, HCD may have comments on the new information contained in the resubmitted document. If this should happen Amber Gregg, Inc will review the edits and work with st aff to address any comments expeditiously.
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EXPE RIENCE
When taking on the endeavor of developing a compliant Housing Element experience is key.

Amber Gregg, Inc. has had the pleasure of working with the following agencies to provide housing services:

City of Rolling Hills Estates, 2020-Present
Jeannie Naughton, Planning Manager, (310)377-1577x115
Services include : Drafting Housing Element for the 6 th Cycle, attended associated public hearings and workshops.

City of Glendora, 2020-Present
Jeff Kugel, Community Development Director, (626) 914-8215 Services include : Drafting Housing Element for the 6 th Cycle, attended associated public hearings and workshops.

City of Bell Gardens, 2020-Present
Veronica Tam, (626) 304-0440x1
Services include : Drafting Housing Element for the 6 th Cycle, attended associated public hearings and workshops.

Veronica Tam and Associates, 2020-Present
Veronica Tam, (626) 304-0440x1
Provided Subconsultant Services, drafted multiple housing elements for various cities in CA, and served as a housing expert on multiple informational workshops and meetings.

City of Laguna Niguel, 2021-Present
Jonathan Orduna, Community Development Director (949)362-4315 Drafted ADU zoning amendment, attended associated public hearings. Developed an ADU handbook and subsequent guidelines document including floor plans and corresponding CAD files for public use.

City of San Clemente , 2006-2018
Cecilia Gallardo-Daily, Community Development Director, (949)361-6100 Services include, development and project management of the 4 th and 5 th Cycle Housing Elements, public workshops, drafting of staff report and resolutions, and attended associated public hearings.

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SERVICE RAT E SCHEDULE
The City may decide to work collaboratively with staff on an hourly bases as opposed to a task bases. The requested services may need various levels of planning profession als. Below is our current service rate schedule. Invoices will be submitted monthly, and the invoice will include a detailed accounting of staff time. Amber Gregg, Inc. is a fully insured corporation and can provide proof of all required insurance at the time of contract approval. As an independent contractor we comply with all federal, state , and local regulations and can provide documentation of compliance with state law AB 5 upon request.
2022 Service Rate Schedule

Direct expenses, including subconsultants billed at cost.

Principal $200
Senior Project Manager $190
Principal Planner $175
Environmental Scientist $150
Senior Planner $150
GIS Specialist $125
Associate Planner $110
Assistant Planner $95
Production Staff / Clerical; $65
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The following is a cost estimate broken down by task and anticipated time to complete:

Task Hours
Review existing housing element and corresponding HCD letter 15 Prepare for and attend kick off meeting with staff 5
Prepared review matrix Categorize sections into minor edits, major edits and potential rewrites, additional technical analytics needed, and HCD guidance.
40 Coordinate meeting with HCD staff to review approach and obtain additional information and clarification on identified topics, as well as discuss HCD review times for pending resubmittal.
5 Conduct RHNA analysis based on current proposed densities and opportunity sites to enable RHNA goals to be achieved for the 6th cycle.

This includes additional hours for various zone change configurations. 120
Review current AFFH information included in the draft Housing Element and provided additional analysis and document as needed to comply with AFFH requirements.
120
Work with staff to identify if additional public workshops or informational need to be completed to meet public participation requirements for the Housing Element.
-If required time to attend an prepare (assumed two workshops) 35 Incorporate an revisions and prepare revised draft Housing Element for staff review.
160
Schedule follow up meeting with HCD prior to submittal to review modifications and approach to HCD Comments
5 Determine necessary CEQA document and complete CEQA requirements. -This will depend on the CEQA level of review needed. Assumption is currently based on Exemption based on adopted condition 20 Submit final draft document to HCD for review and certification. 10 Schedule meeting with HCD staff prior to completion of their review period to answer any questions or concerns.
5 -Additional edits from HCD
TOTAL HOURS 525

Based on the above the total hours anticipated are 525 staff hours. Based on the previous rate schedule the anticipated estimated cost is $105,000 to complete the certified Housing Element.

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REFERE NCES
Please feel free to contact the following profe ssionals listed below who can attest to Amber Gregg’s strong work ethic, professional capabilities, current and past performance, and high level of integrity.

Ms. Pamela Passow
Deputy Director, OC Parks
(562) 904-7238

Ms. Cecilia Gallardo-Daly
Director of Community Development, City of San Clemente (949) 361-6106

Mr. Brent Panas
Chief Departmental Operations - Code Compliance, County of San Diego (858) 495-5352

Mr. Jonathan Orduna
Director of Community Development, City of Laguna Niguel (949) 362-4357

Ms. Brenda Wisneski
Development Services Director, City of Dana Point
(949) 248-3560

Ms. Veronica Tam
Veronica Tam and Associates
(626) 304-0440

Ms. Mary Vondrak
Senior Management Analyst, City of Laguna Beach
(949) 497-0378

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City of Aliso Viejo

AGENDA ITEM
DATE: October 19, 2022
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: AGREEMENT WITH DE NOVO PLANNING GROUP FOR ON-CALL CEQA

SERVICES
Recommended Action:

1. Approve an agreement in the amount not to exceed $150,000 to De Novo Planning Group for on-call California Environmental Quality Act (“CEQA”) services; and

2. Authorize the City Manager to execute the agreement with De Novo Planning Group for on-call CEQA services.

Fiscal Impact:

The cost for the services provided under the agreement is not to exceed $150,000. The cost is primarily offset by the entitlement projects with deposit accounts from which the City is reimbursed.

Background:

The Community Development Department (“CDD”) does not have in-house resources to prepare and/or peer review CEQA compliant environmental documents for projects.

There are currently several projects in the pipeline that will require environmental review and CDD needs a specialized consultant available to help with this effort. For that reason, on August 31, 2022, Staff publicly advertised a Request for Proposals (“RFP”) and received three proposals in response.

Discussion:

After reviewing the three proposals, Staff selected the most qualified firm and is requesting that the City Council authorize the City Manager to enter into a Professional Services Agreement (Attachment 1) with De Novo Planning Group (“Consultant”). Staff recommends that the City Council approve a three-year agreement with the Consultant in the amount not to exceed $150,000 for on-call CEQA services. 115

Attachment:

1. Professional Services Agreement with De Novo Planning Group 116
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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

ON-CALL CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 2022, by and between the City of Aliso Viejo, a municipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and DE NOVO PLANNING GROUP, A CALIFORNIA S-CORPORATION, with its principal place of business at: 180 E. MAIN STREET, SUITE 108, TUSTIN, CA 92780 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional ON-CALL CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) SERVICES required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional ON-CALL CEQA SERVICES to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render ON-CALL CEQA SERVICES project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional ON-CALL CEQA SERVICES necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from OCTOBER 5, 2022 to JUNE 30, 2025, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 117
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3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services.

3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean 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; (2) terrorism or other acts of a public 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 Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
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3.2.2.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement is STARLA BARKER.

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates COMMUNITY DEVELOPMENT DIRECTOR , or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates STARLA BARKER, or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall 119
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have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be reemployed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.
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The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo, its
officials, officers, employees, agents, and volunteers
shall be additional insureds with regard to liability
and defense of suits or claims arising out of the
performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. 121
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(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty
(30) day written notice of cancellation has been
served upon the City except ten (10) days shall be
allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty
(30) day written notice of cancellation has been
served upon the City except ten (10) days shall be
allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of
subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty
(30) day written notice of cancellation has been
served upon the City except ten (10) days shall be
allowed for non-payment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed 122
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by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) (“Total 123
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Compensation”) without written approval of City’s CITY MANAGER. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon; provided, however, that if funds deposited with City by an applicablePROJECT APPLICANT are insufficient to pay such monthly statement, payment to Consultant shall not be made until such time as funds have been deposited with City by an applicable PROJECT APPLICANT to pay Consultant’s monthly statement.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Prevailing Wages; DIR Registration.

3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 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 and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant:

DE NOVO PLANNING GROUP
180 E. MAIN STREET, SUITE 108
TUSTIN, CA 92780
ATTN: STARLA BARKER
City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: COMMUNITY DEVELOPMENT DEPARTMENT
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Fraud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.

Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.

3.5.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.6 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.7 Indemnification.

3.5.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys’ fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted 127
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to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

3.5.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.10 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 128
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3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.12 No Third Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.13 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.16 Labor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions 129
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of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ALISO VIEJO AND DE NOVO PLANNING GROUP IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2022.

CITY OF ALISO VIEJO
Approved:

By:

David Doyle
City Manager
ATTEST:

By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services

DE NOVO PLANNING GROUP
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
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CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.

To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.

Name of Business Print Name
Signature
Date
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A-1
EXHIBIT “A”

SCOPE OF SERVICES
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A-15
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B-1
EXHIBIT “B”

SCHEDULE OF SERVICES
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DE NOVO PLANNING GROUP30

TIMELINE
Following is a typical schedule for preparation of an EIR, IS/ND or IS/MND, and peer review of applicant- prepared technical studies and third-party peer review of environmental documents. The schedule for preparation of an EIS is similar to the timing of an EIR and preparation of an EA is similar to the timing of an IS/MND. The timing for peer review of applicant-prepared technical studies and third-party peer review of environmental documents can vary depending on the number and complexity of the technical studies and the environmental topical areas addressed in the environmental document.

Typical EIR Schedule
Project Kick-off
Notice of Preparation/Initial Study
NOP 30-Day Public Review
Prepare Technical Studies
EIR Scoping Meeting
De Novo Prepares Administrative Draft EIR
City Review of Administrative Draft EIR
De Novo Prepares Second Administrative Draft EIR
City Review of Second Administrative Draft EIR
De Novo Completes, Publishes, and Circulates Draft EIR
EIR 45-Day Public Review Period
Hearing during the Draft EIR Review to Receive Comments De Novo prepares Responses to Comments
City Reviews Responses to Comments
De Novo Prepares Administrative Final EIR
City Reviews Administrative Final EIR
De Novo Completes, Publishes, and Circulates Final EIR
Certification Hearings
Month 1
Month 1
Month 2
Months 1 – 3
Month 2
Months 2 – 5
Month 6
Month 7
Month 7
Month 8
Months 8 – 9
Month 9
Month 10
Months 10 – 11
Months 11
Month 11
Month 12
TBD
Typical IS/ND or IS/MND Schedule
Project Kick-off
De Novo drafts Project Description
City Reviews/Approves Project Description
Preparation of Technical Studies
De Novo Prepares Administrative Draft IS/ND or IS/MND
City Reviews Administrative Draft IS/ND or IS/MND
De Novo Completes Draft IS/ND or IS/MND
City Reviews Check Copy Draft IS/ND or IS/MND
De Novo Distributes Public Review IS/ND or IS/MND
IS/ND or IS/MND 30-Day Public Review
De Novo Prepares Final IS/ND or IS/MND
De Novo Prints and Distributes Final IS/ND or IS/MND
Hearing
Week 1
Week 1
Week 2
Weeks 1 – 8
Weeks 2 – 10
Week 11
Week 12
Week 13
Week 14
Weeks 14 – 18
Week 19
Week 20
TBD
Typical Technical Study Peer Review Schedule
De Novo Conducts Peer Review
De Novo Conducts Review of Revised Technical Studies
Completed within 2 – 3 weeks of receipt
Completed within 1 – 2 weeks of receipt
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C-1
EXHIBIT “C”

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the annual average 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%). 2021-2022 Schedule of Hourly Rates – Standard
Effective January 1, 2021
Below are the billing rates for all De Novo staff levels. Direct costs are limited to charges for document printing and shipping, and we do not mark these charges up.

Staff Level Hourly Rate
Principal $175
Principal Planner $150
Senior Planner $115
Associate Planner $105
Assistant Planner $90
GIS Analyst $95
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City of Aliso Viejo

AGENDA ITEM
DATE: October 19, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director
SUBJECT: AGREEMENT WITH UNITED BUILDING AND DEVELOPMENT

SERVICES FOR THE ALISO VIEJO RANCH WOOD SEALING PROJECT Recommended Actions:

1. Approve an agreement in the amount of $66,750 with United Building and Development Services as the lowest responsible bidder for the Aliso Viejo Ranch wood sealing project; and

2. Authorize the City Manager to execute an agreement with United Building Development Services; and

3. Authorize City staff to make total compensation to United Building Development Services up to $66,750 plus $10,000 (15% of the agreement amount) to allow for contingencies, totaling $76,750.

Fiscal Impact:

Total fiscal impact this year will be approximately $76,750 including construction ($66,750) and contingency ($10,000). The FY 2022-2023 Capital Improvement Project budget includes funds for the work.

Background:

The City requested informal bids through May 2022. Six contractors submitted bids. The total amounts for each of the bids received are as follows:

Contractor Base bid

1. United Building & Dev. Services $66,750.00

2. Yoda Painting, Inc $78,000.00

3. Dana Pacific $86,638.74

4. Astro Painting Co. Inc. $88,800.00

5. Dale Hector Painting $136,500.00

6. Color New Co. $142,000.00
158

City staff has reviewed the bid from United Building and Development Services and the bid appears to be responsive and complete. United Building Development Services recently completed painting projects for the City of San Juan Capistrano and the City of San Clemente with favorable references.

This project is exempt from the CEQA process since it is maintaining existing facilities.

Discussion:

The City’s engineer estimate for this base bid work was about $90,000. The average bid cost was under the engineers estimate. Wood needs to be sealed to protect it from the elements and to maximize the longevity of the wood’s integrity. Wood Seal application is recommended every 2-5 years. Although the property has only been open for just over 1 year, the wood installations were completed about 2 years ago. This work will include all fencing, light posts, tables, and other wood surfaces outside of the buildings. Additional efforts will be made on the light post base below grade to help prevent excessive moisture from damaging the posts.

Staff requests authorization for payments to United Building and Development Services up to 76,750 (15% above the agreement amount) to cover for contingencies such as overages on quantities and additional work requested by the City. The 15% contingency amount will allow for removal and replacement of any rotten and cracked wood posts.

Attachment:

1. Agreement
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