Aliso Viejo City Council
November 16, 2022

13.04.070 Chapter 9, Fire Protection and Life Safety Systems, amended.

13.04.080 Chapter 11, Construction Requirements for Existing Buildings, amended.

13.04.085 Chapter 12, Energy Systems, amended.

13.04.100 Chapter 28, Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities, amended.

13.04.110 Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, amended.

13.04.120 Chapter 50, Hazardous Materials – General Provisions, amended.

13.04.130 Chapter 55, Cryogenic Fluids, adopted.

13.04.140 Chapter 56, Explosives and Fireworks, amended.

13.04.150 Chapter 57, Flammable and Combustible Liquids, adopted.

13.04.160 Chapter 60, Highly Toxic and Toxic Materials, adopted.

13.04.170 Chapter 80, Referenced Standards, amended.

13.04.180 Appendices
The City Council, for the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city, hereby adopts the following codes by reference and the amendment to these codes as set forth in Chapters 13.04 of the Aliso Viejo Municipal Code:

13.04.005 Adoption of the 2022 Edition of the California Fire Code.

Except as hereinafter provided, the 2022 Edition of the California Fire Code, including Chapter 1 and Appendices B, BB, C, CC, based on the 2018 Edition of the International Fire Code, as published by the International Code Council, is hereby adopted by the city of Aliso Viejo for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion hazards, save and except such portions as are hereinafter added, deleted, modified or amended. One copy of all the above is now on file in the office of the clerk for public inspection. This code is adopted with the same force and effect as though set out herein in full.
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13.04.010 Chapter 1, Scope and Administration, amended. 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

SECTION 110.4.2 Infraction and misdemeanor, is hereby added as follows:
110.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

13.04.020 Chapter 2, Definitions, amended.

SECTIONS 202 General Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 General Definitions
OCFA: Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

13.04.030 Chapter 3, General Requirements, amended.

Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:
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SECTION 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
SECTION 305.6 Hazardous Conditions is hereby added as follows:

SECTION 305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.

2. When an official sign was caused to be posted by the fire code official, or a public announcement is made.

No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

SECTION 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES
Sections 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section. 210

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

SECTION 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
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Section 307.6.2.1 Where prohibited, is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone.

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 308.1.6.3 Sky lanterns is hereby revised as follows:
308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern.

Section 321 Fuel Modification Requirements for New Construction is hereby added as follows:
321 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” Section 322 Clearance of brush or vegetation growth from roadways is hereby added as follows:
322 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 323 Unusual Circumstances is hereby added as follows:
323 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable 212

alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 324 Use of Equipment is hereby added as follows:
324 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

Section 324.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows:
324.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
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1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than 46 inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediate in case of fire.

Section 324.2 Spark Arresters is hereby added as follows:
324.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

13.04.040 Chapter 4, Emergency Planning and Preparedness, amended.

Chapter 4: Emergency Planning and Preparedness . Adopt only the sections , subsections, and amendment listed below:
401 – 401.9
402
403.2
403.5 – 403.5.4
403.10.2.1.1
403.13 – 403.13.3
404.5 – 404.6.6
407
Section 407.5 is revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2. 214

13.04.050 Chapter 5, Fire Service Features, amended.

Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:

SECTION 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-09, “Fire Master Plan for Commercial & Residential Development.” Fire service features for buildings, structures and premises located in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone shall also comply with OCFA Guideline B-09a, “Fire Safe Development in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone.”
Section 510.1 Emergency responder radio coverage in new buildings is revised as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. he Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
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ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

Section 510.2 Emergency responder radio coverage in existing buildings is deleted without replacement:

Section 510.3 Permit required is deleted without replacement.

13.04.070 Chapter 9, Fire Protection and Life Safety Systems, amended.

Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

Section 903.2 Where required is hereby revised as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19 an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, 216

an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet.
b. When an addition exceeds 2,000 square feet and the resulting building area exceeds 5,000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area as defined in Section 202, and the final area > 3600 sq./ft, within a two-year period, or,
b. An addition when the existing building is already provided with automatic sprinklers; or,
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. d. When not used in accordance with Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.
e. An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies. 217

Exceptions:

1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing non- ambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
90100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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13.04.080 Chapter 11, Construction Requirements for Existing Buildings, amended.

Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections listed below:
1103.7
1103.7.3
1103.7.3.1
1103.7.8 – 1103.7.8.2
1103.7.9 – 1103.7.9.10
1103.8 – 1103.8.5.3
1103.9.1
1107
1113
1114
1115
1116

13.04.085 Chapter 12, Energy Systems, amended.

Chapter 12 Energy Systems is adopted in its entirety with the following amendment added:
1201.1.1 Other Systems Where required by the fire code official, other systems and operations including but not limited to battery systems assembly, battery reconditioning and storage, research and development of battery storage systems, electric vehicle manufacturing and testing, and battery charging systems for cars and carts inside of buildings or structures, shall comply with this chapter.

Exception: When approved by the fire code official, charging stations for electric vehicles located in open parking garages of Type I or II construction.

13.04.100 Chapter 28, Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities, amended.

Chapter 28, Lumber Yards and Woodworking Facilities, is hereby amended as follows:

SECTION 2801.2, Permit, is hereby revised by adding the following statement to the last sentence:
2801.2 Permit. Permits shall be required as set forth in Section 105.6.

SECTION 2808.2, Storage site, is hereby revised as follows:
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2808.2 Storage site. Storage sites shall be level and on solid ground or other all-weather surface. Sites shall be thoroughly cleaned and approval from the fire code official obtained before transferring products to the site.

SECTION 2808.3, Size of piles, is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet (4572 mm) in height, 50 feet (15 240 mm) in width and 100 feet (30 480 mm) in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

SECTION 2808.4, Pile Separation is hereby revised to read as follows:
2808.4 Pile separation. Piles shall be separated from adjacent piles by minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

SECTION 2808.7, Pile fire protection, is hereby revised to read as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile.

Combustible conveyor systems and enclosed conveyor systems shall be 220

equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

SECTION 2808.9, Material-handling equipment, is hereby revised by adding the following sentence at the beginning of the section:
2808.9 Material-handling equipment. All material handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

SECTION 2808.11, Temperature control, is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

SECTION 2808.11.1, Pile temperature control, is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when the internal temperature readings are in excess of 165 degrees Fahrenheit.

SECTION 2808.11.2, New material temperature control, is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall be monitored to verify that the temperature remains stable.

SECTION 2808.12, Water availability, is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1-hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
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SECTION 2808.13, Tipping area, is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

SECTION 2808.14, Emergency Contact, is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency situation.

13.04.110 Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, amended.

Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is hereby amended as follows:

Section 4906.3, Requirements, is hereby revised to read as follows:
4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation “General Guideline to Create Defensible Space”).

3. California Government Code, Section 51182.
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4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
SECTION 4908, Fuel Modification Requirements for New Construction, is hereby added as follows:
4908 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

SECTION 4909, Explosives and Blasting, is hereby added as follows:

Section 4909 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildland-urban interface areas, or hazardous fire areas except by permit from the fire code official. 223

13.04.120 Chapter 50, Hazardous Materials – General Provisions, amended.

Chapter 50, Hazardous Materials – General Provisions, is adopted in its entirety with the following amendments.

SECTION 5001.5.2, Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the first paragraph as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority’s Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information:

1. Product Name;

2. Component;

3. Chemical Abstract Service (CAS) number;

4. Location where stored or used;

5. Container size;

6. Hazard classification;

7. Amount in storage;

8. Amount in use-closed systems;

9. Amount in use-open systems.

SECTION 5003.1.1.1, Extremely Hazardous Substances, is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

13.04.130 Chapter 55, Cryogenic Fluids, adopted.

Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments.

13.04.140 Chapter 56, Explosives and Fireworks, amended. 224

Chapter 56, Explosives and Fireworks, is hereby amended as follows:

SECTION 5608.2, Firing, is hereby added as follows:
5608.2 Firing. All fireworks displays, regardless of mortar, device, or shell size, shall be electrically fired.

SECTION 5608.3, Application for Permit, is hereby added as follows Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

13.04.150 Chapter 57, Flammable and Combustible Liquids, adopted.

Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments.

13.04.160 Chapter 60, Highly Toxic and Toxic Materials, adopted.

Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without any amendments.

13.04.170 Chapter 80, Referenced Standards, amended.

Chapter 80, Referenced Standards, is hereby amended as follows:

NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems, is hereby amended as follows:

SECTION 6.7.3 is hereby revised as follows:

6.7.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2 1/2 inch inlets. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm 225

(including inside hose stream demand) or greater, or a standpipe system is included, four 2 1/2 inch inlets shall be provided.

SECTION 8.3.3.1 is hereby revised as follows:

8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.6.4.8;

2. Residential sprinklers in accordance with the requirements of

8.4.5;

3. Quick response CMSA sprinklers;

4. SFR sprinklers;

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers;

6. Standard-response sprinklers used where individual standard- response sprinklers are replaced in existing light hazard systems.

SECTION 11.1.1.1 is hereby added as follows:

11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2(d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.
226

SECTION 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:

1. Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433;

2. Use a maximum of 40 psi, if available;

3. Utilize the Orange County Fire Authority water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

NFPA 13D, 2016 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

SECTION 7.1.2 is hereby revised as follows:

7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2016 Edition, Installation of Standpipe and Hose Systems, is hereby amended as follows:

SECTION 7.3.1.1 is hereby deleted in its entirety and replaced as follows:

7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances, is hereby amended as follows:

SECTION 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
227

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

SECTION 6.2.9 is hereby revised to read as follows:

6.2.9 All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

1. A post indicator valve installed not less than 40 feet (12 meters) from the building
a. For buildings less than 40 feet (12 meters) in height, a post indicator valve shall be permitted to be installed closer than 40 feet (12 meters) but at least as far from the building as the height of the wall facing the post indicator valve.

2. A wall post indicator valve.

3. An indicating valve in a pit, installed in accordance with Section

6.4. 4. A backflow preventer with at least one indicating valve not less than 40 feet (12 meters) from the building.
a. For buildings less than 40 feet (12 meters) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 feet (12 meters) but at least as far from the building as the height of the wall facing the backflow preventer.

5. Control valves installed in a fire-rated room accessible from the exterior.

6. Control valves in a fire-rated stair enclosure accessible from the exterior
SECTION 10.1.5 IS HEREBY ADDED AS FOLLOWS:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet 228

shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings SECTION 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

SECTION 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

SECTION 10.4.3.2 is hereby deleted and replaced as follows:

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.

13.04.180 Appendices
Appendix A is deleted in its entirety without amendments.

Appendix B is adopted in its entirety without amendments.

Appendix BB is adopted in its entirety without amendments.

Appendix C is adopted in its entirety without amendments.

Appendix CC is adopted in its entirety without amendments.

Appendix D is deleted in its entirety without amendments.

Appendix E is deleted in its entirety without amendments.

Appendix F is deleted in its entirety without amendments. 229

Appendix G is deleted in its entirety without amendments.

Appendix H is adopted in its entirety without amendments.

Appendix I is deleted in its entirety without amendments.

Appendix J is deleted in its entirety without amendments.

Appendix K is deleted in its entirety without amendments.

Appendix L is deleted in its entirety without amendments.

Appendix M is deleted in its entirety without amendments.

Appendix N is deleted in its entirety without amendments.

SECTION 7. Effective Date. This ordinance and all codes referenced in this ordinance shall take effect upon the later of (1) 30 days from the adoption of this ordinance or (2) January 1, 2023.

SECTION 8. Repeal of Conflicting Ordinances. Upon the effective date of this ordinance, all former ordinances or parts thereof that conflict with or are inconsistent with the provisions of this ordinance or of the 2022 California Building Standards Code, as adopted and amended herein, are hereby repealed.

SECTION 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional.

SECTION 10. City Clerk’s Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duty designated posting places within the City and published once within fifteen days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance in the Office of the City Clerk five days prior to the date of adoption of this Ordinance, and, within fifteen days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
230

PASSED, APPROVED AND ADOPTED this 16th day of November 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 231

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022_____ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 16th day of November 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-_____ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held November 16, 2022 and that the Summary of the Ordinance was published on November 3, 2022 and November 10, 2022 in the Aliso Viejo News.
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
232
City of Aliso Viejo

AGENDA ITEM
DATE: November 16, 2022
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDING FROM THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT FOR ELIGIBLE

HOUSING-RELATED PROJECTS AND PROGRAMS
Recommended Action:

Conduct a public hearing and adopt a resolution authorizing the application submittal for the Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development (HCD) for housing-related eligible activities.

Fiscal Impact:

In the event the City is awarded the PLHA funding, applicable funds will be appropriated at that time to cover initial costs until reimbursed by the HCD.

Background:

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity.

The legislation directs the California Department of Housing and Community Development (HCD) to use 70% of the revenue collected to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. This program is hereafter referred to as the Permanent Local Housing Allocation (PLHA) program. 233

Discussion:

The PLHA funding for the City is approximately $700,000, distributed over five years. In order to receive PLHA funding, the City must submit a plan as part of its application package that identifies how it will use the funding. Provided below is a list of proposed eligible activities.

1. Aliso Viejo Town Center: 85% of the PLHA funding will be allocated towards the predevelopment efforts of the Aliso Viejo Town Center (AVTC) concept plan.

Specifically, the consulting efforts to further develop and implement the AVTC concept plan for the future mixed-use building, which will include a percentage of affordable housing at varying income levels. To date, the consultants and City attorney reviewed feasibility studies, conducted additional research, prepared revised design concepts and detailed proforma, and participated in meetings with City staff and certain Town Center property owners. These meetings have recently gained more traction and the team is now at the stage of finding opportunities to incentivize the remaining property owners to participate in the future implementation of the Town Center Vision Plan. Additional work will be needed over the next few years to partner with private property owners, hire a developer, and go through the local entitlement process leading to eventual construction.

2. Repair and Maintenance of City-Owned Affordable Units: 10% of the PLHA funding will be allocated towards the annual maintenance of the two City-owned affordable units, HOA dues, and property taxes.

3. Administrative Costs: 5% of the PLHA funding will be allocated for associated administrative costs.

Environmental:

CEQA Guidelines Section 15378 defines a project as an action which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed request is to apply for state funding. Any future projects associated with PLHA funding will be reviewed independently for compliance with CEQA.

Public Notice:

A public hearing notice was published in the Laguna Niguel News on November 3, 2022.

Attachments:

1. Resolution

2. PLHA Plan
234

RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, AUTHORIZING THE APPLICATION AND

ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated August 17, 2022 and amended October 18, 2022 under the Permanent Local Housing Allocation (PLHA) Program; and
WHEREAS, the City of Aliso Viejo is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and
WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients.

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

Section 1: If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

Section 2: Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations ($715,062), as stated in Appendix C of the current NOFA, in accordance with all applicable rules and laws.

Section 3: Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
235

Section 4: Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

Section 5: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

Section 6: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) and (C).

Section 7: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

Section 8: Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

Section 9: The City Treasurer of the City of Aliso Viejo is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED, APPROVED AND ADOPTED this 16th day of November, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 236

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2022-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 16th day of November 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
237
PLHA Page 1 302(c)(4) Plan
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

This Plan is consistent with the following programs identified in the City's Housing Element which outline housing goals and policies:
1) Policy H-1.1: Identify sites appropriate for the development of a variety of housing types and price ranges to meet the needs of all socioeconomic segments of the community; 2) Policy H-1.4: Ensure that a portion of future residential development is affordable to low- and very low-income households; 3) Policy H-1.6: Encourage the use of grant funds to purchase available residential units in order to increase the supply of units affordable to low- and moderate- income households; and 4) Goal H-3b: Increase the supply of affordable housing in high opportunity areas. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate- income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Aliso Viejo (City) plans on utilizing its allocated PLHA funds for the following two activities:
1) preservation of rental housing opportunities for low-income households; and 2) development of rental housing opportunities.
§302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City’s PLHA funds will focus on subsidizing rental housing for households at or below 60% of the AMI.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) The City will allocate 10% of their PLHA allocation towards Activity #1 for the repair and maintenance of two recently purchased single family rental housing units which will be affordable for households earning 60% of Area Median Income (AMI) or below.

Funding Allocation Year 2019 2020 2021 2022 2023
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
2 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of
Funds Allocated for the Proposed
Affordable Rental Housing
Activity

10.0% 10.0% 10.0% 10.0% 10.0%
§302(c)(4)(E)(ii) Area Median
Income Level Served 60% 60% 60% 60% 60%
16 n/a n/a
TOTAL
48 §302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for years 2019,
2020, 2021 only
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(ii) Projected
Number of Households Served 0 0 0 1 1
16 16
238
PLHA Page 2 302(c)(4) Plan
The project will include the following stages:

1. Rehabilitation design for rental property;

2. Publish an RFP for construction rehabilitation; and

3. Construction over a 6-month period.
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.

Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Type of Affordable Housing
Activity
Rental:

Predevelop
ment
Rental:

Predevelo
pment
Rental:

Developm
ent
Rental:

Developm
ent
Rental:

Developm
ent
48 §302(c)(4)(E)(ii) Area Median
Income Level Served
60% 60% 60% 60% 60% TOTAL
16 16
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
16 §302(c)(4)(E)(ii) Projected
Number of Households Served 0 0 0 0 20 20
§302(c)(4)(E)(i) Percentage of
Funds Allocated for Each
Affordable Housing Activity
85% 85% 85% 85% 85%
n/a n/a
Anticipated major steps:

1. Prepare an MOU with property owners;

2. Publish an RFP for project developer procurement; and

3. Construct the AVTC project.
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing 0%
The City is working on the Aliso Viejo Town Center (AVTC) Concept Plan, which includes a mixed-use building and affordable rental housing at varying income levels. Currently, the consultants and City attorney have reviewed feasibility studies, conducted additional research, prepared revised design concepts and detailed proforma, and participated in meetings with City staff and AVTC property owners. These meetings have recently gained more traction and the team is now at the stage of finding opportunities to incentivize the remaining property owners to participate in the future implementation of the Town Center Vision Plan.

Funding Allocation Year 2019 2020 2021 2022 2023
239
City of Aliso Viejo

AGENDA ITEM
DATE: November 16, 2022
TO: Mayor and City Council
FROM: Scott C. Smith, City Attorney
SUBJECT: SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT

AGREEMENT
Recommended Action:

Approve the Second Amendment to Employment Agreement between the City of Aliso Viejo and David A. Doyle.

Fiscal Impact:

The salary increase in compensation would not affect this Fiscal Year and not change the budget until 2025-2026.

Background:

David A. Doyle has served as the City Manager for the City of Aliso Viejo since 2014. The City Council recently concluded its annual evaluation of Mr. Doyle, and the City Council directed the City Attorney’s office to prepare an amendment to Mr. Doyle’s employment agreement, as provided in the attached Second Amendment to Employment Agreement for Mr. Doyle.

Discussion:

The attached Second Amendment to Employment Agreement between the City of Aliso Viejo and David A. Doyle provides for a 1.5% increase in the City Manager’s base compensation in fiscal year 2025-26. This provision does not alter the term or termination provisions of the agreement.

Attachments:

1. Second Agreement Amendment

2. Employment Agreement and 2020 First Amendment
240

CITY MANAGER

SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Second Amendment to the City Manager Restated and Amended Employment Agreement (“Agreement”) is made and entered into on November 16, 2022, effective on July 1, 2022, by and between the City of Aliso Viejo, a municipal corporation, hereinafter referred to as “City,” and David A. Doyle, hereinafter referred to as “Doyle.”

RECITALS

1. Doyle has been employed by the City as the City Manager since 2014.

2. On January 17, 2018, City and Doyle entered into a Restated and Amended Employment Agreement (“Employment Agreement”).

3. On November 18, 2020 City and Doyle entered into a First Amendment to the Employment Agreement making adjustments to Doyle’s base salary effective on July 1, 2020 and July 1, 2022, and providing a one-time cash payout or deferred compensation on July 1, 2022.

4. Subsections IV(D) and (E) of the Employment Agreement provide, in part, that the City Council may increase Doyle’s base salary and/or other benefits based on Doyle’s performance as the City Council deems appropriate, and Subsection VII(C) of the Employment Agreement provides that the parties may amend the Employment Agreement in writing by mutual agreement.

5. The City Council has concluded its annual evaluation of Doyle, and as a result of the evaluation, the City and Doyle desire to amend the Employment Agreement in order to provide adjustments to Doyle’s base salary as set forth below, while leaving all other terms the same.

6. The Employment Agreement and its First Amendment are hereby incorporated into this Agreement by reference.

7. Doyle desires to continue employment as the City Manager of the City of Aliso Viejo on the terms and conditions provided in this Employment Agreement.

NOW, THEREFORE, IN CONSIDERATION OF PERFORMANCE BY THE

PARTIES OF THE COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:

I. Compensation. Section IV(A) of the Employment Agreement is hereby amended in its entirety to read as follows:
241
“Effective July 1, 2022, City agrees to pay Doyle an annual base salary of Three Hundred Thirteen Thousand Five Hundred Eighty- Five dollars ($313,585) payable in installments at the same time as other employees of the City are paid. In addition, on July 1, 2025, City agrees to increase said base salary in an amount equal to one and a half percent (1.5%) of Doyle’s then-current base salary.” IV. Remaining Provisions of Employment Agreement. Except as otherwise specifically set forth in this Second Amendment and the First Amendment to the Employment Agreement, the remaining provisions of the Employment Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the City has caused this agreement to be signed and executed on its behalf by its Mayor and approved as to form by its City Attorney and Doyle has signed and executed this agreement, both in duplicate, as of the date first written above.

CITY:

By:_________________________________
Ross Chun, Mayor
Attest:

By:_________________________________
Mitzi Ortiz, City Clerk
Approved as to Form:

By:_________________________________
Scott C. Smith, City Attorney
DOYLE:

By:_________________________________
David A. Doyle
60367.01100\40838022.1
242
243
244
245

CITY MANAGER

RESTATED AND AMENDED EMPLOYMENT AGREEMENT
This Restated and Amended Employment Agreement(" Agreement") is made and entered into onJavuo c.` \ , 2018, effective on July 1, 2017, by and between the City of Aliso Viejo, a municipal corporation, hereinafter referred to as "City" and David A. Doyle, hereinafter referred to as " Doyle."

RECITALS

1. The City and Doyle entered into an Employment Agreement dated December 18, 2013 Employment Agreement"). The City and Doyle entered into a First Amendment to Employment Agreement, dated August 19, 2015 (" First Amendment"), and the City and Doyle entered into a Second Amendment to Employment Agreement, dated November 16, 2016.

2. SectionIV(B) of theEmploymentAgreementprovides, in part, thatthe City Council may increaseDoyle' s basesalary and/or other benefits basedon Doyle' s performanceas the City Council deems appropriate, and Section VII( C) of the Employment Agreement provides that the parties may amend the Employment Agreement in writing by mutual agreement.

3. The City Council has concluded its annual evaluation of Doyle, and as a result of the evaluation, the City and Doyle desireto amendthe compensationandbenefits provisions of the Employment Agreement as set forth herein, while leaving all other terms of the Employment Agreement the same.

4. The Employment Agreement, as amended by the First Amendment and Second Amendment, arehereby incorporated into this Agreement.

5. Doyle desiresto acceptemploymentasthe City Managerof the City of Aliso Viejo on the terms and conditions provided in this Agreement.

NOW, THEREFORE, IN CONSIDERATION OF PERFORMANCE BY THE

PARTIES OF THE COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:

SECTION I. DUTIES
City engagesDoyle as City Manager to perform the functions and duties specified in Article 7 of the AVMC asreferredto in recital 1 hereinaboveandto perform suchother legally permissible andproper duties andfunctions asthe City Council shall from time to time assign.

SECTION II. TERM AND EXTENSION
A. This Agreement shall be for three (3) years, from July 1, 2017 through June 30, 2020, unless terminated in accordance with Section III, paragraphs A or C, and Chapter 2. 06 of the AVMC as codified on the date of termination. On June 30, 60367. 01100\ 30209568. 12
246
2018, the term of this Agreementshall automaticallybe extendedthroughJune 30, 2021. On June 30, 2019 and on each succeedingJune 30 while this Agreementis in effect, this Agreementshallbe automaticallyextendedfor one additionalyear unlessprior to suchdateby a majority vote of the entire City Council in attendanceat any lawfully calledmeeting, the City declaresitsintention not to extend this Agreement for one additional year. Such decision shall not constitute a termination for purposes of Section III of this Agreement. In anyevent, duringthe120-dayperiodimmediatelyprecedingor followingthedate of a regular or special municipal election, the Council shall take no action, whether immediate or prospective, to remove, suspend, request the resignation of, or reducethe salary of Doyle. The City acknowledgesthat this period is longer than that specified in Chapter 2.06 of the AVMC, but provides said period as an additional inducement for Doyle to enter into this Agreement.

B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of theCity Councilto terminatethe servicesof Doyle at anytime, with or without cause, subject to the notice provisions set forth in Section III, paragraph A of this Agreement, the time limits specified in Section II of this Agreement, and Chapter 2.06 of the AVMC as codified on the date of termination.

C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rightsof Doyleto resignat anytimefromhispositionwith theCity, subjectonly to the provisions set forth in Section III, paragraph C of this Agreement.

D. Doyleagreesto remainin theexclusiveemployof theCity, andshallnotbecome employedby anyotheremployer, until thisAgreementis terminatedby theCity according to the provisions set forth in Section III, paragraph A, or is terminated by Doyle in accordancewith SectionIII, paragraphC. The term "employed" shall not be construed to include teaching, writing, consulting, or pursuing other vocationalinterestsperformedoutsideof normal businesshours which may occasionally pay a stipend or wage.

SECTION III. TERNIINATION AND SEVERANCE PAY
A. Doyle shall serveat the will and pleasureof the City Council and may be removedfrom office (terminated) at any time for any reason, consistentwith the time limits and procedures set forth in this Agreement and Chapter 6.04 of the AVMC ascodifiedonthedateof termination. Doylewill beprovidedthirty (30) days written notice of any decisionby the City Council to terminatehis employment; except that Doyle will not be entitled to such notice if Doyle is terminatedbecauseof his convictionof anyillegal actinvolvingpersonalgainor is convictedof any felony or anymisdemeanorinvolving moralturpitude (except minor traffic offenses).

B. In accordancewith SectionIII, paragraphA above, uponterminationby theCity Council, Doyle shall be entitled to a lump sum cashpaymentequalto six (6) months annual base salary; and six ( 6) months city- paid medical, dental, and 60367. 01100\ 30209568. 12
247
vision coverage; provided however, that. in the event Doyle is terminated because ofhisconvictionof anyillegalactinvolvingpersonalgainorisconvictedof any felony or any misdemeanor involving moral turpitude ( except minor traffic offenses), then, in that event, the City shall haveno obligationto pay the aggregateseverancesumdesignatedin thisparagraph, norwill theCity'sdecision to terminate be subject to the time limit in Section II above or the notice requirements of Section III, paragraph A above. Doyle shall be paid for all accrued and unused vacation and annual leave balances.

C. If Doyledesiresto resignhis positionwith theCity, hewill providethe CityCouncil with at least thirty ( 30) days written notice. In the event Doyle resigns his employmentwith theCity, Doyleshallnotbe entitledto anyseverancepayexcept as specified in Section III, paragraph D below. However, Doyle shall be paid for all accrued and unused vacation and annual leave balances.

D. In the event at any time during the employment term the City ( 1) reduces the salary or other financial benefits of Doyle in a greater percentage than an applicable across- the- board reduction for all City employees, ( 2) refuses, following written noticeto comply with any otherprovision of this Agreementor Chapter2.06 of the AVMC benefiting Doyle, or (3) requeststhe resignationof Doyle and Doyle resigns due to that request, Doyle will be deemed " terminated" andbe eligible for the severancepay provision of this contract.

E. Pursuantto GovernmentCodesection53243, et seq. which becameeffective on January1, 2012, if Doyle is convictedof a crimeinvolving anabuseof his office or position, all of the following shall apply: ( 1) if Doyle is provided with administrativeleavepaypendinganinvestigation, Doyle shallberequiredto fully reimburse such amounts paid; ( 2) if City paysfor the criminallegaldefenseof Doyle (which wouldbein its solediscretion, asit is generallynot obligatedto pay for a criminal defense), Doyle shall be requiredto fully reimbursesuch amounts paid; and (3) if this Agreementis terminated, any cashsettlementrelatedto the termination that Doyle may receive from City shall be fully reimbursed to City. For this Section, abuse of office or position means either: .( 1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime againstpublic justice, including a crime describedin Title 7 commencing with section 92 of the Penal Code.

SECTION IV. COMPENSATION
A. Effective July 1, 2017, City agreesto pay Doyle an annual base salary of Two Hundred Sixteen Thousand Five- Hundred and Ninety- Seven dollars ($ 216, 597) payablein installmentsat the sametime asotheremployeesof the City arepaid.

In addition, on eachJanuary1standJuly 1stthereafterup to andthrough July 1, 2019, City agreesto increasesaid basesalary in an amount equal to four and one- half percent( 4. 5%) of Doyle' sthen-currentbasesalary.

B. Effective July 1, 2017, and annually thereafter, City agreesto provide Doyle with 60367. 01100\ 30209568. 12
248
the samecost-of-living adjustment, if any, that is givento otherexemptCityemployees.

C. The City agrees to contribute an amount equal to three percent ( 3%) of Doyle' s new basesalaryasof eachJuly 1stto Doyle's deferredcompensationaccountat thebeginningof eachfiscalyearduringthetermof this Agreement.

D. Upon eitherDoyle's or theCity Council'srequest, thepartiesmayannuallymeet and confer regarding Doyle' s salary, salary schedule, or compensationpaid in the form of fringe benefits. Suchmeetandconfer, if any, shallbeheld betweenMay 31 and June 30 of each calendar year. The party requesting the meet and confer shall provide a written request to the other party at least fourteen ( 14) days before the requestedmeet and confer. Notwithstanding a requestto meet and confer, the City shall have the sole discretion to amend this Agreement as to Doyle' s compensation.

E. City agreesit will conduct an annual performance review of Doyle in concert with an annual salary review in accordance with Section IV, paragraph A above betweenMay 1andJune30 of eachyear.

F. City and Doyle agreethat, annuallythe City Council and Doyle shall jointly definesuchgoalsandperformanceobjectiveswhich they determinenecessaryfor the proper operationof the City in the attainmentof the City Council's policy objectives, and the City Council and Doyle shall establishthe relative priority among those various goals and objectives. The prioritized policy objectives shall be reduced to writing, thereby forming the basis of Doyle' s annual evaluation.

Said goals and objectives shall be obtainable generally within the time limits as specified in the annual operating and capital budgets and appropriations approved by the City Council.

G. The City shall pay to Doyle the sum of Five Hundred Dollars ($ 550) per month as an automobile allowance and a cell phone allowance of One Hundred Dollars 150) per month. Doyle will be provided a City paid FasTrak transponderfor toll roads for City-related business.

H. City agreesto pay for comprehensivemedical, optical, dental, life andlong-term disability insurance for Doyle and his dependentsupon the same conditions as other employees generally. City agreesto pay for Public Employees Retirement System (" PERS") on behalf of Doyle at the same rate and upon the same conditions as other employees generally, which currently includes City' s payment of the PERS employee contribution. City agrees that Doyle qualifies as a Classic" employee ( 2% at 55 formula) under PERS.

City agreesto budget and to pay professional tuition, dues, subscriptions, travel and related expensesof Doyle as determinedby the City Council necessaryfor Doyle' s full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, 60367. 01100\ 30209568. 12
249
growth and advancement and for the good of the City. In addition, City shall reimburseDoyle for all actualand necessaryexpensesincurredby him in the performance of his official duties.

SECTION V. LEAVE
A. Doyle shallbe entitledto receivetwo-hundredandforty (240) hoursof vacation leaveannuallyeffectiveJuly 1, 2017andoneveryanniversarydatethereafterthat this Agreement is in effect. City agreesto pay to Doyle any banked but unused vacation leave on each anniversary date ( July 1st) of this Agreement.

Additionally, within daysof the executionof this Agreement, City agreesto pay to Doyle any banked but unused vacation leave accrued between February 10, 2017 andJune30, 2017.

B. Doyle shall be further entitled to receive an additional eighty ( 80) hours of Administrative Leave per fiscal year. The Administrative Leave is provided in recognition of the substantialhours expendedon City businessbeyondregular business hours by Doyle. Administrative Leave time must be used during the fiscal year it is granted, doesnot carry over from year to year, and will not be cashedout upon separationfrom employmentwith the City.

SECTION VI. OTHER TERMS AND CONDITIONS
A. The City Council shall fix any other terms and conditions of employment, as it may determine from time to time, relating to performanceof Doyle, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Article 7 of the AVMC or any other applicable laws.

B. All provisions of City ordinancesand regulationsand rules of City relating to holidays, retirement programs, and working conditions as they now exist or hereafter may be amended, also apply to Doyle in the samemanner as other employeesof City in addition to said benefits enumeratedspecifically for the benefit of Doyle, except as herein provided.

SECTION VII. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties.

B. This agreementshall be binding upon and inure to the benefit of the heirs at law and executors of Doyle.

C. This Agreementmaybe amendedonly in writing by mutual agreementof the City and Doyle.

D. Should either party commenceany legal action or proceeding against the other basedupon this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees.
60367. 01100\ 30209568. 12
250
E. City shall indemnify and pay the cost of defendingDoyle for any tort, professional liability claim or other legal action, whether groundless or otherwise, arising out of the scope of Doyle' s duties.

F. If any provision, or any portion thereof, containedin this agreementis held to be unconstitutional, invalid or unenforceable the remainder of this agreement, or portion thereof, shall be deemed severable, and shall not be affected and shall remain in full force and effect.

IN WITNESSWHEREOF, theCity hascausedthis agreementto be signedandexecuted onits behalfby its Mayorandapprovedasto formby its City AttorneyandDoylehassigned and executed this agreement, both in duplicate, as of the date first written above.

CITY:
4 BY:

Davemgton, M, •
Attest:

Mitzi rtiz, ty Clerk
Approved as to Form:
a/ 1A
By:" lir 1,0 - 1.1.
44k

1.1` ML.

Scott . Smith, City A
ttorney
DOYLE:

David A. Doyle
60367. 01100\ 30209568. 12
251

SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF ALISO VIEJO AND DAVID A. DOYLE
This Second Amendment is made and entered into between DAVID A. DOYLE Doyle") and THE CITY OF ALISO VIEJO (" City") in order to modify in writing the terms and conditions of the City's employment of Doyle.

WHEREAS, the City and Doyle entered into an Employment Agreement dated December 18, 2013 (" Employment Agreement"); and
WHEREAS, the City and Doyle entered into a First Amendment to Employment Agreement dated August 19, 2015 (" First Amendment"; the Employment Agreement, as amended by the First Amendment, are hereinafter referred to as the " Employment Agreement"); and
WHEREAS, Section IV( B) of the Employment Agreement provides, in part, that the City Council may increase Doyle's base salary and/or other benefits based on Doyle's performance as the City Council deems appropriate, and Section VII( C) of the Employment Agreement provides that the parties may amend the Employment Agreement in writing by mutual agreement; and
WHEREAS, the City Council has concluded its annual evaluation of Doyle; and WHEREAS, as a result of the evaluation, the City and Doyle desire to amend the compensation and benefits provisions of the Employment Agreement as set forth herein, while leaving all other terms of the Employment Agreement the same.

NOW THEREFORE, IT IS HEREBY AGREED as follows:

Section 1. TheCityandDoylemutuallydesireto amendSubsectionsIV(A) and IV( B) of the Employment Agreement as follows:

A. EffectiveJuly 1, 2016, City agreesto pay Doylean annual base salary of 207,270 payable in installments at the same time as other employees of the City are paid. The City shall contribute concurrently with execution of this Agreement an additional $ 6,218 to Doyle's deferred compensationaccount, and on each succeeding July 1 thereafter, the City shall contribute, in addition to Doyle's then base salary, an amount equal to three percent ( 3%) of Doyle' s then- current base salary.

B. In addition, at the beginning of each fiscal year, City agrees to increase said base salary and/or other benefits of Doyle including, but not. limited to additional deferred compensation or performance bonus of up to seven percent ( 7%), in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of an annual performancereview and annual salary review of Doyle conducted between May 1 'and June 30 of each calendaryear or at such time preceding 60367. 01100\ 29333177. 3
252
the beginning of the fiscal year as the City Council may determine. Such increases shall be effective July 1 of the same fiscal year, with eligibility first occurring in July 2015." Section 2. Severability
If any provision of this First Amendment to the Employment Agreement, shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of the First Amendment unless elimination of such provision materially alters the rights and obligations set forth herein.

Section 3. Effect on Employment Agreement
Except as amended by this Second Amendment, all provisions of the Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Doyle under this Second Amendment.

IN WITNESSWHEREOF, the partieshaveexecutedthisAgreementas of the We;, . day of\ Jal , 2016.

BY CI : OYLE:
ike unzing '
r
1110 Davt• A . Doyle
Mayor
APPROVED AS TO FORM:

LA
ScottC. Smith, CityAttorn:1
60367. 01100\ 29333177. 3
253

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ALISO VIEJO AND DAVID A. DOYLE
This First Amendment is made and entered into between DAVID A. DOYLE Doyle") and THE CITY OF ALISO VIEJO (" City") in order to modify, in writing, the terms and conditions of the City's employment of Doyle. .

WHEREAS, the City and Doyle entered into an "Employment Agreement" dated December 18, 2013 (" Employment Agreement"); and
WHEREAS, Section IV( B) of the Employment Agreement provides, in part, that the City Council may increase Doyle's base salary and/or other benefits based on Doyle's performance as the City Council deems appropriate; and WHEREAS, the City Council has concluded its annual evaluation of Doyle; and WHEREAS, asa resultof theevaluation, theCityandDoyledesireto amendthe compensation and benefits as set forth herein, while leaving all other terms of the Employment Agreement the same.

NOW THEREFORE, IT IS HEREBY AGREED as follows:

Section 1. The City and Doyle mutually desire to amend Section IV(A) of the Employment Agreement as follows:

A. Effective July 1, 2015, City agrees to pay Doyle for his services rendered hereto an annual base salary of $ 197, 400 payable in installments at the same time as other employees of the City are paid."
Section 2. The City and Doyle mutually desire to add the following to Section IV( E) of the Employment Agreement:

Doyle will be provided a City paid Fastrack transponder for toll roads for City-related business."
Section 3. The City and Doyle mutually desire to amend Section V of the Employment Agreement to include the following:

Doyle shall be further entitled to receive an additional eighty 80) hours of Administrative Leave per fiscal year The
Administrative Leave is provided in recognition of the
substantial hours expended on City business beyond regular business hours by Doyle. Administrative Leave time must be used during the fiscal year it is granted, does not carry 1 60367. 01100\ 14327130. 3
254
over from year to year and will not be cashed out upon
separation from employment with the City."
Section 4. Severability
If any provision of this First Amendment to the Employment Agreement, shall be held invalidor unenforceableby a court of competentjurisdiction, such holdingshall not invalidate or render unenforceable any other provision of the First Amendment unless elimination of such provision materially alters the rights and obligations set forth herein.

Section 5. Effect on Employment Agreement
Except as amended by this First Amendment, all provisions of the Employment Agreementshall remain in full force and effect and shall governthe actionsof the City and Doyle under this First Amendment.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the S''& day of Acuelv,,cok- , 2015.

BY CITY: BY DOYLE:

LA_William Phillips D. A •
yle
Mayor
APPROVED AS TO FORM:
gt WO 14
Scott C. Smith, City Attorney
2 60367. 01100\ 14327130. 3
255

EMPLOYMENT AGREEMENT
This Agreement is made and entered into on D.-e. c. / S 2013, effective on February 10, 2014, by and between the City of Aliso Viejo, a municipal corporation, hereinafter referred to as "City" and David A. Doyle, hereinafter referred to as "Doyle."

RECITALS

1. City desires to employ the services of Doyle as its City Manager to perform the duties of that office, the same as are provided in Chapter 2. 06 of the Aliso Viejo Municipal Code (" AVMC") as it may from time to time be amended.

2. It is the desire of the City Council to provide certain compensation and benefits, establish certain conditions of employment, and set forth working conditions for poyle.

3. It is the desire of the City Council to secure and maintain the services of Doyle and provide inducement for him to remain in such employment; to make possible full work productivity by assuring Doyle's morale and peace of mind with respect to future security; to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Doyle; and to provide a means for terminating Doyle's services at such a time as he may be unable to discharge the duties of the office or when the City may desire to otherwise terminate his employment.

4. Doyle desires to accept employment as the City Manager of the City of Aliso Viejo.

NOW, THEREFORE, IN CONSIDERATION OF PERFORMANCE BY THE PARTIES

OF THE COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:

SECTION I DUTIES
City engages Doyle as City Manager to perform the functions and duties specified in Article 7 of the AVMC as referred to in recital 1 hereinabove and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign.

SECTION II TERM AND EXTENSION
A. This Agreement shall be for three ( 3) years effective from February 10, 2014, through February 9, 2017, unless terminated in accordance with Section III, paragraphs A or C, and Chapter 2. 06 of the AVMC as codified on the date of termination. On June 30, 2015, the term of this Agreement shall automatically be extended through June 30, 2017. On July 1, 2017 and on each succeeding July 1 while this Agreement is in effect, this Agreement shall be automatically extended for one additional year unless prior to such date by a majority vote of the entire City Council in attendance at any lawfully called meeting, the City declares its intention not to extend this Agreement for one 1 256
additional year. Such decision shall not constitute a termination for purposes of Section III of this Agreement. In any event, during the 120-day period immediately preceding or following the date of a regular or special municipal election, the Council shall take no action, whether immediate or prospective, to remove, suspend, request the resignation of, or reduce the salary of Doyle. The City acknowledges that this period is longer than that specified in Chapter 2. 06 of the AVMC, but provides said period as an additional inducement for poyle to enter into this Agreement.

B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Doyle at any time, with or without cause, subject to the notice provisions set forth in Section III, paragraph A of this Agreement, the time limits specified in Section II of this Agreement, and Chapter 2. 06 of the AVMC as codified on the date of termination.

C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of Doyle to resign at any time from his position with the City, subject only to the provisions set forth in Section III, paragraph C of this Agreement.

D. Doyle agrees to remain in the exclusive employ of the City, and shall not become employed by any other employer, until this Agreement is terminated by the City according to the provisions set forth in Section III, paragraph A, or is terminated by Doyle in accordance with Section III, paragraph C. The term " employed" shall not be construed to include teaching, writing, consulting, or pursuing other vocational interests performed outside of normal business hours which may occasionally pay a stipend or wage.

SECTION 111 TERMINATION AND SEVERANCE PAY
A. Doyle shall serve at the will and pleasure of the City Council and may be removed from office ( terminated) at any time for any reason, consistent with the time limits and procedures set forth in this Agreement and Chapter 6. 04 of the AVMC as codified on the date of termination. Doyle will be provided thirty ( 30) days written notice of any decision by the City Council to terminate his employment; except that Doyle will not be entitled to such notice if Doyle is terminated because of his conviction of any illegal act involving personal gain or is convicted of any felony or any misdemeanor involving moral turpitude ( except minor traffic offenses).

B. In accordance with Section III, paragraph A above, upon termination by the City Council, Doyle shall be entitled to a lump sum cash payment equal to six ( 6) months annual base salary; and six ( 6) months city-paid medical, dental, and vision coverage; provided however, that in the event Doyle is terminated because of his conviction of any illegal act involving personal gain or is convicted of any felony or any misdemeanor involving moral turpitude ( except minor traffic offenses), then, in that event, the City shall have no obligation to pay the aggregate severance sum designated in this paragraph, nor will the City's decision to terminate be subject to the time limit in Section II above or the notice requirements of Section III, paragraph A above. Doyle shall be paid for all accrued and unused vacation and annual leave balances. 2 257
C. If Doyle desires to resign his position with the City, he will provide the City Council with at least thirty ( 30) days written notice. In the event Doyle resigns his employment with the City, Doyle shall not be entitled to any severance pay except as specified in Section III, paragraph D below. However, Doyle shall be paid for all accrued and unused vacation and annual leave balances.

D. In the event at any time during the employment term the City ( 1) reduces the salary or other financial benefits of Doyle in a greater percentage than an applicable across- the- board reduction for all City employees, ( 2) refuses, following written notice to comply with any other provisionof this Agreement or Chapter 2.06 of the AVMC benefiting Doyle, or( 3) requests the resignation of Doyle and Doyle resigns due to that request, Doyle will be deemed " terminated" and be eligible for the severance pay provision of this contract.

E. Pursuant to Government Code section 53243, et seq. which became effective on January 1, 2012, if Doyle is convicted of a crime involving an abuse of his office or position, all of the following shall apply: ( 1) if Doyle is provided with administrative leave pay pending an investigation, Doyle shall be required to fully reimburse such amounts paid; ( 2) if City pays for the criminal legal defense of Doyle (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Doyle shall be required to fully reimburse such amounts paid; and (3) if this Agreement is terminated, any cashsettlementrelatedto the terminationthat Doylemay receivefrom City shall be fully reimbursed to City. For this Section, abuse of office or position means either: ( 1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or( 2) a crime against publicjustice, including a crime described in Title 7 commencing with section 92 of the Penal Code.

SECTION IV COMPENSATION
A. City agrees to pay Doyle for his services rendered pursuant hereto an annual base salary of One Hundred Eighty- Eight Thousand ($ 188, 000) payable in installments at the same time as other employees of the City are paid.

B. In addition, at the beginningof eachfiscal year, City agreesto increasesaid base salaryand/or other benefitsof Doyleincluding, but not limitedto deferredcompensation or performance bonus of up to seven percent ( 7%), in such amounts and to such an extent as the City Councilmay determinethat it is desirableto do so on the basisof an annual performance review and annual salary review of Doyle conducted between May 1 and June 30 of each calendar year or at such time preceding the beginning of the fiscal year as the City Council may determine. Such increases shall be effective July 1 of the same fiscal year, with eligibility first occurring in July 2015.

C. City agrees it will conducta modifiedannual performancereviewof Doyle in August, 2014, and thereafter an annual perFormance review in concert with an annual salaryreviewin accordancewith SectionIV, paragraphB abovebetweenMay 1 and June 30 of each year.
3 258
D. City and Doyle agree that, within the first 45 days of this Agreement and thereafter annually, the City Council and Doyle shall jointly define such goals and performance objectives which they determine necessary for the proper operation of the City in the attainmentof the City Council's policyobjectives, and the City Counciland Doyle shall establish the relative priority among those various goals and objectives.

The prioritizedpolicyobjectivesshall be reducedto writing, thereby forming the basis of Doyle' s annual evaluation. Said goals and objectives shall be obtainable generally within the time limits as specified in the annual operating and capital budgets and appropriations approved by the City Council.

E. The City shall pay to Doyle the sum of Five Hundred Dollars ($ 550) per month as an automobile allowance and a cell phone allowance of One Hundred Fifty Dollars 150) per month.

F. City agrees to pay for comprehensive medical, optical, dental, life and long-term disability insurance for poyle and his dependents upon the same conditions as other employees generally. City agrees to pay for Public Employees Retirement System PERS") on behalf of Doyle at the same rate and upon the same conditions as other employees generally, which currently includes City's payment of the PERS employee contribution. City agrees that Doyle qualifies as a " Classic" employee ( 2% at 55 formula) under PERS.

G. City agrees to budget and to pay professional tuition, dues, subscriptions, travel and related expenses of Doyle as determined by the City Council necessary for poyle' s full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement and for the good of the City. In addition, City shall reimburse Doyle for all actual and necessaryexpenses incurred by him in the performanceof his official duties.

SECTION V LEAVE
Doyle shall be entitled to receive finro- hundred and forty ( 240) hours of vacation/ administrative leave annually effective February 10, 2014 and on every anniversary date thereafter that this Agreement is in effect. City agrees to pay to Doyle any banked but unused vacation/ administrative leave on each anniversary date February 10th) of this Agreement.

SECTION VI OTHER TERMS AND CONDITIONS
A. The City Council shall fix any other terms and conditions of employment, as it may determine from time to time, relating to perFormanceof Doyle, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Article 7 of the AVMC or any other applicable laws.

B. All provisions of City ordinances and regulations and rules of City relating to holidays, retirement programs, and working conditions as they now exist or hereafter may be amended, also applyto Doylein the same manneras other employeesof City in addition to said benefits enumerated specifically for the benefit of Doyle, except as herein provided.
4 259

SECTION VII GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties.

B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Doyle.

C. This Agreement may be amended only in writing by mutual agreement of the City and Doyle.

D. Should either party commence any legal action or proceeding against the other based upon this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees.

E. City shall indemnify and pay the cost of defending Doyle for any tort, professional liability claim or other legal action, whether groundless or otherwise, arising out of the scope of Doyle' s duties.

F. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid or unenforceable the remainder of this agreement, or portion thereof, shall be deemed severable, and shall not be affected and shall remain in full force and effect.

IN WITNESS WHEREOF, the City has caused this agreement to be signed and executed on its behalf by its Mayor and approved as to form by its City Attorney and Doyle has signed and executed this agreement, both in duplicate, as of the date first written above.

CITY:

By: / u. .

C en C , Mayor
Approved as to Form:

By:

Scott C. Smi , City Attorney
DOYLE:

By:

D ' . Doyle
5 260