Agenda packet — Aliso Viejo City Council, January 18, 2023 (part 2 of 2)

RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, REAPPROPRIATING CERTAIN FISCAL YEAR
2021-22 FUND BALANCES AND AMENDING THE FISCAL YEAR 2022- 23 BUDGET
WHEREAS, a review of the fiscal year 2021-22 operating and capital expenditures, and fund balances have been completed; and
WHEREAS, certain unexpended project balances as of June 30, 2022, require continuing appropriations to complete the projects; and
WHEREAS, it is necessary to amend the fiscal year 2022-23 budget to reflect the carryover of certain budget appropriations.

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

Section 1: That the 2022-23 Budget for the City of Aliso Viejo is hereby amended to include the following appropriations:

Fund Project Description Amount
General Fund AV Ranch audio and visual equipment
installation $48,000
General Fund AV Ranch design and construction of
historic site exhibitions $75,000
Federal Grants Community Development Block Grant -
CARES Act $239,983
Total $362,983
PASSED, APPROVED AND ADOPTED this 18th day of January, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 224

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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. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 18th day of January, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
225
City of Aliso Viejo

AGENDA ITEM
DATE: January 18, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
Scott C. Smith, City Attorney
SUBJECT: RESOLUTION APPROVING THE ISSUANCE BY THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY OF THE PORTION OF REVENUE

BONDS THE PROCEEDS OF WHICH ARE TO BE LOANED TO QCF/I,
INC., A 501(c)(3) NONPROFIT HEALTHCARE ORGANIZATION, AND USED TO ACQUIRE THE EXISTING FACILITY LOCATED AT 200
FREEDOM LANE, ALISO, VIEJO, CALIFORNIA; AND APPROVING

CERTAIN OTHER MATTERS RELATING THERETO
______________________________________________________________________ Recommended Action:

Adopt a Resolution approving the issuance by the California Municipal Finance Authority of the portion of revenue bonds the proceeds of which are to be loaned to QCF/I, Inc., a 501 (c)(3) nonprofit healthcare organization, and used to acquire the existing facility located at 200 Freedom Lane, Aliso, Viejo, California; and approving certain other matters relating thereto.

Fiscal Impact:

There will be no direct costs incurred by the City. Indirect costs incurred include staff time and attorney costs. California Municipal Finance Authority ("CMFA") through its issuance activities, shares a portion of the issuance fees it receives with its member. If the bonds are issued, the City will receive a portion of the fee paid to the issuer of the bonds to offset any staff or attorney costs incurred to coordinate the City Council approval.

Background:

QCF/I, Inc., a 501(c)(3) nonprofit healthcare organization (“QCF”), has requested that the California Municipal Finance Authority (the “Authority”) participate in the issuance of one or more series of revenue bonds (the “Bonds”), not more than $200,000,000 of which is allocable to the Aliso Viejo Hospital Project described below, the proceeds of which will be loaned to QCF in connection with QCF’s acquisition, construction, renovation, expansion, rehabilitation, remodeling, and/or equipping of several hospital facilities, including the existing Aliso Ridge Behavioral Health and to fund reserves, 226
interest on the Bonds and costs of issuing the Bonds (the portion of the Bonds allocable to the acquisition by QCF of Aliso Ridge Behavioral Health and related facilities and other related purposes is referred to as the “Aliso Viejo Hospital Project”).

Solely for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City, and for no other purpose, the City Council has been requested by the Authority to approve the Aliso Viejo Hospital Project and the issuance by the Authority of the portion of the Bonds allocable to the Aliso Viejo Hospital Project.

QCF will own and operate the Aliso Viejo Hospital Project either directly or through a separate single-member limited liability company or companies. In all events, QCF will be the true beneficial party of interest of the Aliso Viejo Hospital Project because it will be the sole member of each such limited liability company, each of which is a disregarded entity for federal tax purposes.

Discussion:

On January 19, 2022, the City Council adopted a resolution approving the issuance of tax-exempt bonds by the Authority for the benefit of QCF to finance the Aliso Viejo Hospital Project. This approval will expire on January 19, 2023. The issuance of the bonds has been delayed beyond the expiration of the prior approval and the Authority is requesting the City Council approve the Aliso Viejo Hospital Project and the issuance of the bonds by the Authority once again.

In order to satisfy the requirements of Section 147(f) of the Code, a telephonic public hearing was held on December 23, 2022, relating to the Borrower and the proposed taxexempt financing. No comments from the public were made at the public hearing.

Adoption of the attached resolution by the City Council would satisfy the requirements of Section 147(f) of the Code and Section 4 of the Agreement. The City shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Authority’s issuance of the Bonds for the financing of the Aliso Viejo Hospital Project or for any other purpose.

The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing for the Aliso Viejo Hospital Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of the Aliso Viejo Hospital Project; or (iii) make any contribution or advance any funds whatsoever to the Authority.

Attachment:

1. Resolution
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RESOLUTION NO. 2023-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING THE ISSUANCE BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF THE PORTION

OF REVENUE BONDS THE PROCEEDS OF WHICH ARE TO BE

LOANED TO QCF BEHAVIORAL HOSPITALS I, LLC FOR THE
BENEFIT OF QCF/I, INC., A 501(c)(3) NONPROFIT HEALTHCARE

ORGANIZATION, AND USED TO ACQUIRE THE EXISTING FACILITY LOCATED AT 200 FREEDOM LANE, ALISO, VIEJO, CALIFORNIA;

AND APPROVING CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Aliso Ridge Behavioral Health is an acute psychiatric hospital located in the City of Aliso Viejo (the “City”); and
WHEREAS, QCF Behavioral Hospitals, I LLC (the “Borrower”) has requested that the California Municipal Finance Authority (the “Authority”) participate in the issuance of one or more series of revenue bonds (the “Bonds”), not more than $200,000,000 of which is allocable to the Aliso Viejo Hospital Project described below, the proceeds of which will be loaned to the Borrower, the sole member of which is QCF/I, Inc., a 501(c)(3) nonprofit healthcare organization (“QCF”) in connection with the acquisition, construction, expansion, rehabilitation, remodeling, renovation, and/or equipping of several hospital facilities, including the existing Aliso Ridge Behavioral Health and to fund reserves, interest on the Bonds and costs of issuing the Bonds (the portion of the Bonds allocable to the acquisition by QCF of Aliso Ridge Behavioral Health and related facilities and other related purposes is referred to as the “Aliso Viejo Hospital Project”); and
WHEREAS, on January 5, 2022, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the Authority, following notice duly given, held a toll-free telephonic public hearing regarding the issuance of the Bonds allocable, and, on January 19, 2022 after receiving a report from the Authority regarding the public hearing, the City Council approved the issuance by the Authority of the portion of the Bonds allocated to the Aliso Viejo Hospital Project; and WHEREAS, the COVID-19 pandemic caused delays in licensing of two of the hospitals involved in the issuance of the Bonds, and the marketing and selling of the Bonds could not prudently commence until that licensing occurred and those two hospitals commenced operations; and
WHEREAS, the two hospitals have received their licenses and commenced operations, and the process to issue the Bonds is now proceeding, but the issuance will not occur prior to the one-year expiration of the prior City Council approval; and WHEREAS, on December 23, 2022, the Authority held a new public hearing pursuant to Section 147(f) of the Code regarding the issuance of the Bonds, and the Authority has 228

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requested that the City Council re-approve the issuance of the portion of the Bonds allocable to the Aliso Viejo Hospital Project Bonds; and WHEREAS, solely for purposes of Section 147(f) of the Code and Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “CMFA Agreement”), among certain local agencies, including the City, and for no other purpose, the City Council has been requested by the Authority to approve the Aliso Viejo Hospital Project and the issuance by the Authority of the portion of the Bonds allocable to the Aliso Viejo Hospital Project; and WHEREAS, the City Council understands that its actions in approving this Resolution do not obligate the City in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds, and said City Council expressly conditions its approval of this Resolution on that understanding;

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

SECTION 1. Approval of the Bonds. The City Council hereby approves, solely for purposes of Section 147(f) of the Code and the Section 4 of the CMFA Agreement and for no other purpose, the Aliso Viejo Hospital Project and the issuance of the portion of the Bonds allocable to the Aliso Viejo Hospital Project.

SECTION 2. No Obligations. The City Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Authority’s issuance of the Bonds for the financing of the Aliso Viejo Hospital Project or for any other purpose.

SECTION 3. No City Obligation. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing for the Aliso Viejo Hospital Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of the Aliso Viejo Hospital Project; or (iii) make any contribution or advance any funds whatsoever to the Authority.

SECTION 4. Copy to Authority. The Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
SECTION 5. Effective Date. This Resolution shall take effect upon adoption.
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PASSED, APPROVED AND ADOPTED this 18th day of January, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 230

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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
231
City of Aliso Viejo

AGENDA ITEM
DATE: January 18, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works/City Engineer SUBJECT: AGREEMENT WITH WOOD RODGERS, INC. FOR STORM DRAIN

CONDITION ASSESSMENT SERVICES
______________________________________________________________________ Recommended Actions:

1. Approve an agreement with Wood Rodgers, Inc. to perform storm drain condition assessment services; and

2. Authorize the City Manager to execute a professional services agreement with Wood Rodgers, Inc. for an amount of $286,000.

Fiscal Impact:

These services are proposed to be $100,000 in FY 2022-23 with gas tax funds. The FY 2022-23 budget includes funds for performing storm drain assessment services. The remaining amount will be included in the FY 2023-24 budget to complete the project with gas tax funds.

Background:

The City’s storm drain infrastructure is aging and the need for this project is to help assess and budget the City’s financial liability. The result of this project will help the City identify problematic storm drain system components and create a prioritized capital improvement program for the storm drain system.

A request for proposals (RFP) was issued for the storm drain assessment services on November 18, 2022 and was advertised on the City website. On December 14, 2022, staff received two (2) proposals for providing the requested services. Staff reviewed the proposals for their ability to perform the service, ability to meet time requirements, reference checks, and reasonableness of cost.

Staff ranked the firms as follows:

1. Wood Rogers

2. EEC
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Discussion:

Staff recommends Wood Rogers to perform the storm drain condition assessment services because of the thoroughness of their work plan in identifying priority locations within the existing storm drain system to reduce the effort of field inspections required and their experience in providing storm drain condition assessment services for other municipalities.

Attachment:

1. Agreement
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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

STORM DRAIN CONDITION ASSESSMENT SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Aliso Viejo, a municipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and Wood Rodgers, Inc., a corporation, with its principal place of business at 2251 San Diego Avenue, Suite A-130, San Diego, CA 92110 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such services for the Storm Drain Condition Assessment Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from January 18, 2023 to June 30, 2025, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 234
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3.2 Responsibilities of Consultant.

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

Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.

Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services.

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

3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
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3.2.2.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

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

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional 236
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calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

3.2.10 Insurance.

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

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an 237
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aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: (if necessary)
Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(e) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
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3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo, its officials, officers, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the performance of the
Agreement.

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

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

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

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

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Eighty Six Thousand DOLLARS ($286,000) (“Total Compensation”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation.

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

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

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

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

3.3.5 Prevailing Wages; DIR Registration.

3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. 241
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If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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

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

Consultant:

Cheng Soo, Principal
Wood Rodgers, Inc.
2251 San Diego Avenue, Suite A-130
San Diego, CA 92110
City:

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

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, 243
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provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

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

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

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

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

3.5.6 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this 244
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Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.7 Indemnification.

3.5.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City.

Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

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

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

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

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

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

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

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, 245
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hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority 246
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Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

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

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

3.20 Subcontracting.

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

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2023.

CITY OF ALISO VIEJO
Approved:

By:

David Doyle
City Manager
ATTEST:

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

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
WOOD RODGERS, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
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CITY OF ALISO VIEJO

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

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

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

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

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

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

SCOPE OF SERVICES
This project will be divided into the following phases:

Project Preparation and Records Review
The consultant shall review all pertinent records pertaining to the storm drain system. This includes the City’s Storm Drain Plans, applicable GIS layers, storm drain outfall data, as-builts, drainage complaint areas, historic storm drain composite maps. Most of these files are available electronically and will be provided via Sharepoint as preferred by the consultant.

Prepare Field Inspection Plan
Upon review of the records, the consultant will prepare a field inspection plan (FIP). This plan will include a strategy to collect data and video a representative sample of the City’s storm drain system. The plan will catalog the City’s storm drain network and identify pipes, manholes and catch basins that may have the greatest risk of structural deficiencies. Data collected in the field will be supported by the City’s records to rank the high-risk components of the storm drain system. The FIP will include a method to catalog and standardized rating criteria for the different pipe and structure types. At a minimum, the FIP shall include video of the collection pipes and photo documentation of the collection system structures. Additionally, the City’s GIS layers will be updated with the data information collected in the field. At a minimum the following attributes will be captured.
• Location: X,Y and Z coordinates in the City’s survey network. • Elevation of manhole lids and catch basin grates
• Type and material of structure
• Size, type of catch basin and depth from manhole lid/catch basin grate all pipes entering and leaving the structure
• Pipe size(s) and direction of all pipes connecting to catch basin • Direction of flow (if observed)
• Alternative Item: Downstream invert elevations
Implement the Field Inspection Plan
Following review and concurrence by City staff, the consultant shall execute the field inspection plan. The report shall be in the format of a technical memorandum. The report shall include:
• Background of the inspection types and methods
• Schedule of work
• Rating system for defects
• A narrative of the types and characteristics of defects found • Tabular list of all pipe segments and storm drain structures reviewed in the FIP. List shall include condition rating, defects, and other system attributes • Identify the condition, useful life, and value of the existing storm drain system assets. 251
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• Establish the asset values and recommended year-to-year replacement costs of aging infrastructure. The remaining useful life of assets shall be assessed by the Consultant using projected-useful-life tables, decay curves, or recent condition assessment studies. • Recommendations for prioritizing maintenance activities • Recommendations for methods and prioritizing pipe and structure rehabilitation and/or replacement
o Criteria should account for:
 How critical the facility is to system operations (i.e., ramifications of failure).
 Cost of facility failure (including social and environmental costs in addition to hard costs of repairs).
 Probability of failure based on condition of facility.  Estimate design and construction costs associated with all recommended improvements or improvement programs.
 Create a prioritized list of recommended improvements and improvement programs through 2029 with a detailed focus on near term critical projects.

Final Deliverables
The consultant shall prepare 3 hard copies of draft report and 3 copies of final report.

Other final deliverables shall include storm drain structure data and attributes in GIS shapefile format. Electronic copies of final report, video and photographic records from the FIP. 252
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B-1
EXHIBIT “B”

SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from July 1, 2025 to June 30, 2026. The second renewal period shall be from July 1, 2026 to June 30, 2027.
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EXHIBIT “C”

COMPENSATION
See attached.
254
CLIENT: City of Aliso Viejo
PROJECT: Storm Drain Condition Assessment Services
Principal Eng IIPrincipal Eng ISenior Engineer ISenior GIS IProject Engineer IIProject Engineer IEngineer IISenior Surveyor IIAdmin. Assist. Subtotal Subtotal Subtotal WR Mark Up Reimbursables Subtotals No. $ 305 $ 270 $ 240 $ 240 $ 225 $ 210 $200 $ 240 $145 10% Task 1 Project Preparation and Records Review
Task 1.1 Data Collection and Review 8 12 12 $ 7,440 - - - $ 7,440 Task 1.2 Desktop Asset Inventory 10 miles 4 12 80 $ 20,580 - - - $ 20,580 Subtotal: - 12 12 - 12 80 12 - - $ 28,020 - - - - $ 28,020 Task 2 Prepare Field Inspection Plan
Prepare Field Inspection Plan 16 20 20 $ 13,120 - - - $ 13,120 Subtotal: - 16 20 - - - 20 - - 13,120 - - - - $ 13,120
Task 3 Implement the Field Inspection Plan
Task 3.1 Survey, Inspection + Inventory 120 sites 16 30 $ 11,040 $ 89,000 - $ 8,900 $ 500 $ 109,440 Task 3.2 CCTV + Inventory 1 miles 8 10 $ 4,410 $ 26,928 $ 2,693 $ 34,031 Task 3.3 Condition Assessment 12 36 36 $ 19,440 - - - $ 19,440 Task 3.4 Maintenance + Rehabilitation + Replacement Recommendations 16 36 36 $ 21,060 - - - $ 21,060 Task 3.5 Improvements Prioritization 8 12 8 $ 6,840 - - - $ 6,840 Subtotal: - 44 100 30 54 36 - - - 62,790 $ 89,000 $ 26,928 $ 11,593 $ 500 $ 190,811 Task 4 Final Deliverables
Final Deliverables 16 24 36 24 $ 25,040 - - - $ 25,040
Subtotal: 16 24 - 36 - 24 - - - 25,040 - - - - $ 25,040 Task 5 Project Management
Project Management 16 40 40 19 $ 28,035 - - - $ 28,035
Subtotal: 16 40 - 40 - - - - 19 28,035 - - - - $ 28,035 Total 32 136 132 106 66 140 32 - 19 $ 157,005 $ 89,000 $ 26,928 $ 11,593 $ 500 $ 285,026 Wood Rodgers, Inc.
1/5/2022
Calvada CCTV

Page 1 of 1 ends

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City of Aliso Viejo

COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
1 of 8

PURPOSE

To establish Policy and procedures for the prevention and detection of fraud and other related dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law.

This Policy has been established to ensure that elected officials, officers, employees, and members of advisory boards, commissions and committees of the City of Aliso Viejo are aware of the following:

1. Acts that are considered to be fraudulent;

2. Procedures for reporting suspected fraudulent acts;

3. Steps to be taken when fraud or other related dishonest activities are suspected; and

4. Consequences to expect when a dishonest act is reported.

Further, this Policy delineates management’s responsibility for instituting and maintaining a system of internal control to prevent and detect fraud, misappropriations and other irregularities, and to be alert for any indications of such misconduct.

POLICY

1. GENERAL
The City of Aliso Viejo is committed to protecting its assets against the risk of loss or misuse.

Accordingly, it is the policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, to pursue legal remedies available under law.

2. DEFINITIONS
a. Fraud – Fraud and other similar irregularities including, but not limited to:

i. claim for reimbursement of expenses that are not job-related or authorized by current policy;

ii. forgery or unauthorized alteration of documents (checks, time sheets, independent contractor agreements, purchase orders, budgets, etc.); 256
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SUBJECT

FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
2 of 8

iii. misappropriation of City assets (funds, securities, supplies, furniture, equipment, etc.); iv. improprieties in the handling or reporting of money or financial transactions; v. authorizing or receiving payment for goods not received or services not performed; vi. computer-related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software; vii. misrepresentation of information on documents;

viii. any violation of Federal, State, or Local laws related to dishonest activities or fraud; ix. seeking or accepting anything of material value from those doing business with the City, including vendors, consultants, contractors, lessees, applicants, and grantees.

Materiality is determined by the City’s Conflict of Interest Code, which incorporates the Fair Political Practices Commission’s regulations;
x. obtaining profit or personal gain as a result of “insider” knowledge of City activities; xi. disclosing confidential and proprietary information to outside parties; or xii. Intentional, false representation or concealment of material fact for the purpose of personal gain.
b. Employee – Any individual or group of individuals who receive compensation, either full or part-time, from the City of Aliso Viejo for employment or providing services. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization, as well as consultants, vendors, contractors, outside agencies and/or any other parties with a business relationship with the City of Aliso Viejo. c. Official - Elected officials, officers, and members of advisory or appointed boards, commissions and committees.
d. Management – Any administrator, manager, director, supervisor, or other individual who manages or supervises funds or other resources, including human resources.

257
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COUNCIL POLICY

SUBJECT

FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
3 of 8
e. Internal Auditor – Any person or persons assigned by the City Manager to investigate any fraud or similar activity.
f. External Auditor – Independent audit professionals who perform annual audits of the City’s financial statements.

3. INVESTIGATION
a. It is the City’s intent to fully investigate any suspected acts of fraud. An objective and impartial investigation will be conducted regardless of the position, title, length of service or relationship with the City of any party who might be or become involved in or becomes the subject of such investigation.

b. Each department of the City is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud.

Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct. c. The Internal Auditor, in conjunction with the City Attorney, has the primary responsibility for the investigation of fraud.
d. Throughout the investigation, the Internal Auditor will inform the City Manager of pertinent investigative findings.
e. Employees will be granted “whistle-blower protection,” as described below when acting in accordance with this Policy. When informed of suspected fraud, neither the City nor any person acting on behalf of the City shall:

i. dismiss or threaten to dismiss the Employee reporting the suspected fraud; ii. discipline, suspend, or threaten to discipline or suspend the Employee reporting the suspected fraud;
iii. impose any penalty upon the Employee reporting the suspected fraud, or; iv. intimidate or coerce the Employee reporting the suspected fraud. 258
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SUBJECT

FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
4 of 8
Violations of these “whistle-blower protections” may result in discipline up to and including dismissal.
f. Upon conclusion of the investigation, the results will be reported to the City Manager. g. The City Manager, following review of investigation results, will take appropriate disciplinary action regarding Employee misconduct. Disciplinary action can include termination of employment or a contract, and referral of the case to the District Attorney’s Office for possible prosecution.
h. The City will pursue every reasonable effort, including court ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources.

PROCEDURE

1. RESPONSIBILITIES OF OFFICIALS
a. If an Official has reason to suspect that a fraud has occurred, he or she shall immediately contact the City Manager.

b. An Official shall not attempt to investigate the suspected fraud or discuss the matter with anyone other than the City Manager.
c. The alleged fraud or audit investigation shall not be discussed with the media by any person other than through the City Manager in consultation with the City Attorney and the Internal Auditor.

2. MANAGEMENT RESPONSIBILITIES

a. Management is responsible for detecting, preventing and reporting fraud in their areas of responsibility.
b. Each manager should be familiar with the types of fraud that might occur in his or her area and be alert for any indication that fraud is or was in existence in his or her area. c. When fraud is detected or suspected, Management should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity. 259
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EFF. DATE
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d. If Management determines a suspected activity may involve fraud, they should contact their immediate supervisor. In the event the activity involves the immediate supervisor, the activity should be reported to the Department Director. e. Upon being notified of suspected fraud, Department Directors shall inform the City Manager.
f. Management should not attempt to conduct individual investigations, interviews, or interrogations. However, Management is responsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrences of fraud. g. Management shall cooperate fully with the Internal Auditor, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of fraud, including the prosecution of offenders.
h. Management will have full and unrestricted access to all necessary records and personnel.

All City furniture and contents, including desks and computers, are open to inspection at any time. There is no assumption of privacy.
i. In dealing with suspected fraud, great care must be taken. Management should not:
i. make accusations;

ii. alert individuals suspected of committing fraud that an investigation is underway; iii. treat individuals suspected of committing fraud unfairly, or; iv. make statements that could lead to claims of false accusations or other offenses.

j. In handling suspected fraud activities, Management has the responsibility to:

i. make no contact (unless requested) with the individual suspected of committing fraud to determine facts or demand restitution. Under no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc.;

ii. avoid discussing the case, facts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney; 260
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FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
6 of 8
iii. avoid discussing the case with anyone inside the City other than the City Manager, Internal Auditor, or City Attorney or law enforcement personnel; iv. direct all inquiries from the individual suspected of committing fraud, or his or her representative, to the City Manager or City Attorney. All inquiries by an attorney representing the individual suspected of committing fraud should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager, and; v. take appropriate corrective and disciplinary action, up to and including dismissal, if authorized by and in conformance with the City’s personnel policies.

3. EMPLOYEE RESPONSIBILITIES

a. Employees should report detected or suspected fraud to the Employee’s supervisor.

b. In the event the suspected fraud involves the Employee’s immediate supervisor, the Employee shall make the report directly to the next higher level of Management and/or the City Manager.
c. The reporting Employee shall refrain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Internal Auditor, City Attorney, or law enforcement personnel.

4. INTERNAL AUDITOR RESPONSIBILITIES

a. Upon assignment by the City Manager, the Internal Auditor will promptly investigate the fraud.
b. In all circumstances where there appears to be reasonable grounds for suspecting that a fraud has taken place, the Internal Auditor, in consultation with the City Attorney, will contact appropriate law enforcement personnel.
c. The Internal Auditor shall be available and receptive to receiving relevant, confidential information to the extent allowed by law.

d. If evidence is uncovered showing possible fraud, the Internal Auditor will proceed as follows:
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EFF. DATE
10/01/2008
PAGE
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i. discuss the findings with Management and the City Manager to determine if disciplinary actions should be taken;
ii. report to the External Auditor such activities in order to assess the effect of the fraud activity on the City’s financial statements;
iii. coordinate with Management regarding notification to insurers and filing of insurance claims;

iv. take immediate action, in consultation with the City Attorney, to prevent the theft, alteration, or destruction of evidentiary records. Such action shall include, but is not limited to:
(A) removing the records and placing them in a secure location, or limiting access to the location where the records currently exist, and;
(B) preventing the individual suspected of committing the fraud from having access to the records.
e. In consultation with the City Attorney and appropriate law enforcement personnel, the Internal Auditor may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation.
f. If the Internal Auditor is contacted by the media regarding an alleged fraud or investigation, the Internal Auditor will direct all inquiries to the City Manager. g. At the conclusion of the investigation, the Internal Auditor will document the results in a confidential memorandum report to the City Manager and the City Attorney. If the report concludes that the allegations are supported by evidence, the report will be forwarded to appropriate law enforcement personnel.
h. Unless exceptional circumstances exist, a person under investigation for fraud is to be given notice in writing of essential particulars of the allegations following the conclusion of the investigation. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Internal Auditor no later than seven (7) calendar days after notice is received.
i. The Internal Auditor shall make recommendations to the appropriate department for 262
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assistance in the prevention of future similar occurrences. j. Upon completion of the investigation, including all legal and personnel actions, all records, documents, and other evidentiary material, obtained from the department under investigation will be returned by the Internal Auditor to that department.

DISCIPLINARY ACTIONS
Any Employee found to be responsible for fraud or who knowingly makes false allegations in violation of this Policy shall be subject to appropriate disciplinary action, up to and including termination of employment and/or termination of the contract. The severity of the disciplinary action will be based upon the circumstances of the violation and in accordance with the City’s personnel policies. The City will assess any remedial measures necessary to address and correct the circumstance and prevent reoccurrence in the future. Remedial measures may include, but are not limited to, disciplinary action, reorganization of personnel, training and education, counseling and/or other employee assistance.

EXCEPTIONS

There will be no exceptions to this Policy unless provided and approved by the City Manager and the City Attorney.
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CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date
264
City of Aliso Viejo

AGENDA ITEM
DATE: January 18, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
Rose Rivera, Senior Planner
SUBJECT: LEASE WITH FAMILY ASSISTANCE MINISTRIES
Recommended Actions:

1. Find that the lease of the City-owned property is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and

2. Approve the lease agreement with Family Assistance Ministries (FAM) for the property and direct the City Manager to take all necessary steps to execute the lease of the property.

Fiscal Impact:

If the City Council approves the lease between the City and Family Assistance Ministries (“FAM”), the City will lease the property to FAM for $1 a month for the proposed five-year term.

Background:

On May 4, 2022, the City Council approved the Fiscal Year (FY) 2022-23 Annual Action Plan for the Community Block Grant (CDBG). As part of the plan, an estimated $175,626 was allocated towards the acquisition of a low-income housing unit to provide supportive housing for homeless families with children. Subsequently, CDBG finalized their FY 2022- 23 allocation, which provided an additional $11,298 for acquisition, for a total of $186,924.

On September 7, 2022, the City Council authorized appropriation of funds to purchase a residential unit in the amount of $227,000 to be used for affordable housing in the City.

The unit, built in 2010, is a 1,213 square foot condominium with two bedrooms and two bathrooms. It is one of 15 affordable units in the community that the City required the developer to set aside for low-income households. A low-income household is defined as a household that is not more than 80 percent of the area median income at the time of the purchase.
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The City proposes to lease the purchased unit to Family Assistance Ministries (“FAM”), which is experienced in operating residential units as transitional and supportive housing.

FAM currently leases another City-owned residential unit for transitional housing. FAM was established in 1999 and offers a full range of services to assist local residents, including:
 Rental and utility assistance to help prevent eviction;  Operation of “FAMily House”, the only emergency shelter for families experiencing homelessness in south Orange County. Single dads, single moms, dual parent households, pregnant women and their children have found safe shelter and help to graduate into permanent housing since 2017;
 Gilchrist House homeless shelter for single women and mothers with children has sheltered over 900 since opening in 2003 (as of 2020) with the goal of graduating into their own permanent housing; and
 Permanent Housing assistance is provided through both Rapid Rehousing and Permanent Supportive Housing.

Discussion:

The following are the salient terms of the proposed lease between the City and FAM:
 The term would be for five years, effective 2023 through 2028 with an option for the parties to mutually extend the lease for another two years;  Rent would be $1 month;
 FAM would be the City’s tenant, and would have the right to sublease the property to a qualified individual or household that is low or lower income;  Each subtenant would have to meet FAM’s program requirements including:
o To the extent possible, ties/residency in Aliso Viejo; o Applicant screening, including:
o Credit reporting guidelines
o Eviction history or process
o Rental History
o Criminal history;
 FAM would also be responsible for:
o Performing monthly unit visits in coordination with case management activities
o Connecting resident to support services to assist in increasing income and/or decreasing expenses
o Supporting residents’ goal to obtain permanent housing as quickly as possible and in no longer than 24 months
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o Maintaining positive relationships with community members surrounding the rental unit
o Responding to concerns immediately or no longer than 24 hours after notice.
o Providing support to furnish the rental unit with necessary living items such a dining room table, chairs and beds for each resident. o Providing City of Aliso Viejo with update reports on a quarter basis or as requested;
 FAM’s subtenants may be required to pay rent, depending on their income. Any rent money collected would be used to fund costs associated with FAM’s responsibility to maintain the unit;
 Before approving new subtenants or an extension of a sublease, FAM would be required to certify to the City that the sublessee meets affordable income requirements; and
 The City would be responsible for providing appliances and for major repairs and renovations. FAM would be responsible for all other fixtures and routine maintenance costs.

Environmental:

This action is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities). The affordable unit already exists.

The proposed project involves the purchase and lease of an existing private structure involving no expansion of the existing or former use. The condominium remains a condominium for residential purposes. None of the exceptions to the categorical exemptions would be triggered. The project would not have cumulative impacts, significant effects due to unusual circumstances, impacts to scenic highways, impacts related to hazardous waste sites (the site is not on the Cortese list), or impacts to historical resources (the property is not an historic resource). Thus, the project is exempt pursuant to a Class 1 categorical exemption.

Public Notice:

This item was publicly noticed under normal agenda procedures.

City Attorney:

The City Attorney has reviewed the staff report.

Attachments:

1. Lease Agreement

2. Family Assistance Ministries Background Materials
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RESIDENTIAL LEASE
THIS RESIDENTIAL LEASE (the “Lease”) is dated as of ________________, 2023, and is entered into between the City of Aliso Viejo, a California municipal corporation (“Landlord”) and Family Assistance Ministries, a California public benefit corporation (“Tenant”). The Landlord and Tenant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

1. PROPERTY:

A. Landlord rents to Tenant, and Tenant rents from Landlord, the property located at 38 Colonial Way, Aliso Viejo, CA 92656, APN No. 629-531-77 (the “Premises”).

B. The Premises are for the sole use as occupancy as a personal residence by Tenant’s subtenant(s) who shall meet the following criteria (“Authorized Occupants”):

1. Subtenant(s) shall be individuals or families who, at the time of initial occupancy of the Premises and continuously thereafter, until the end of his, her, or their subtenant term, are a Qualified Household, and who shall pay an Affordable Rent, as defined below. “Qualified Household” shall mean an individual or family that qualifies as an extremely low or lower income household based on the area median income (AMI), as defined in California Health and Safety Code Section 50053 and accompanying regulations of the California Department of Housing and Community Development (HCD), as such law or regulations may hereafter be amended, replaced or renumbered from time-to-time.

2. Subtenants shall meet the criteria of Tenant Interim Housing Program Guidelines at all times during the term of any sublease (“Program”). The Program Guidelines are attached hereto as Exhibit “A” and incorporated herein by reference, and may be updated from time-to-time by Tenant with Landlord’s approval, which shall not be unreasonably withheld.

3. Tenant shall also be responsible for following and implementing the Program Guidelines.

C. Occupancy shall be limited to no more than two persons per bedroom, plus one additional person.

D. To the maximum extent authorized by law, Tenant shall give priority to individuals or families currently located in the City as potential subtenants.

E. Tenant shall only sublease the Premises for occupancy by Authorized Occupants at an Affordable Rent on a continuous basis throughout the term(s) of a sublease. “Affordable Rent” shall mean the maximum rent for “lower income households” as defined in California Health and Safety Code Section 50053(b)(3) and accompanying regulations of HCD, as such law or regulations may hereafter be amended, replaced or renumbered from time-to-time, with allowance for utilities, 268

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as such allowance may be established by the County of Orange; provided, however, that “Affordable Rent” shall be based on the AMI. The monthly rent charged to and paid by a Qualified Household for the occupancy of the Premises may never exceed an Affordable Rent applicable to such Qualified Household. Moreover, rent for a sublease of the Premises may be increased only once per calendar year, based on changes in AMI; provided that the rent for the sublease of the Premises must never exceed an Affordable Rent for the Premises.

F. Tenant and subtenant(s) shall execute a sublease in a form that is approved by Landlord and Landlord’s general counsel, and such sublease shall incorporate the salient provisions of this Lease. Among other things, Landlord shall be a thirdparty beneficiary to any sublease and shall have the right but not the obligation to enforce any and all provisions of any sublease.

G. Tenant covenants and agrees for itself, its successors, its assigns and every successor-in-interest to all or any portion of the Premises, that there shall be no discrimination against or segregation of any person, or group of persons, on account of gender, sexual orientation, marital status, race, color, religion, creed, national origin or ancestry in the sublease, transfer, use, occupancy, tenure or enjoyment of the Premises, nor shall Tenant, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of subtenant of the Premises. To that end, Tenant shall provide in each sublease pertaining to the Premises, or any part thereof, substantially the following non-discrimination or non-segregation provision: “The Subtenant herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that this sublease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, gender, sexual orientation, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein subleased nor shall the subtenant itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy in the premises herein subleased.” H. Prior to approving a potential sublease or any extension of a sublease, Tenant shall determine whether the individual or family would be or is an Authorized Occupant, including determination of Qualified Household income. At the time of initial application, Tenant shall require potential subtenant(s) to complete an Income Certification Form, which shall be substantially in the form of Exhibit “B,” attached hereto and incorporated herein by reference, and shall certify the accuracy of the information provided on such form. On or before January 1st of each calendar year during a sublease term and within sixty (60) days following the expiration of a sublease term, Tenant shall require the current Qualified Household occupying the Premises to recertify the Qualified Household’s income on the Income Certification Form. Tenant shall make a good faith effort to verify the accuracy of income information provided in any Income Certification Form by a potential subtenant or 269

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Qualified Household by taking one or more of the following steps, as reasonably required or indicated: (1) obtain an income tax return and copy of each W2 Wage and Earnings Statement for the most recently concluded income tax year; (2) conduct a credit reporting agency or similar search; (3) obtain an income verification form from the potential subtenant’s or the Qualified Household’s current employer(s); (4) obtain an income verification form from the United States Social Security Administration and/or the California Department of Social Services, if the potential subtenant or the Qualified Household receives assistance from either of such agencies; or (5) if the potential subtenant or a Qualified Household is unemployed and has no such income tax return, obtain another form of independent verification. For purposes of this subsection, Tenant may conclusively rely upon the evidence of the age of the occupant(s) of the Premises as presented in a valid California Driver’s License, other form of identification issued by the State of California or the United States Government, which includes a date of birth. All such verification information shall only be obtained by Tenant after obtaining a potential subtenant’s or the Qualified Household’s written consent for the release of such information to Tenant. Failure to consent in writing to the release of such income verification information to Tenant may disqualify a potential subtenant for occupancy of the Premises or be grounds for termination of Qualified Household’s occupancy of the Premises.

I. Tenant shall maintain on file all Income Certification Forms completed by potential subtenants and Qualified Households that occupied or are occupying the Premises and shall provide copies of the rent roll and Income Certification Forms to Landlord for its review and approval within fifteen (15) calendar days following a notice by the Landlord to Tenant.

J. Tenant shall provide Landlord with a biannual written report of the Premises and Tenant’s actions thereon within fifteen (15) days after a request from Landlord.

Such report shall also outline the success of Tenant’s program to assist persons and families achieve self-sufficiency by providing family profiles (while remaining sensitive to privacy issues) including number of persons in household, number of children, female head of households, race, ethnicity (Hispanic or not), special needs (mental illness, developmentally disabled, domestic violence, other), household income, reason for homelessness, support services provided, length of stay, destination after stay, and other information as Landlord may request. Tenant shall, by January 1st of each year, which coincides with the Rent payment, demonstrate to Landlord that Tenant has the necessary funds committed to comply with their obligations under this Lease for such year.

K. Tenant and each Qualified Household occupying the Premises shall permit Landlord to conduct inspections of the Premises, from time-to-time, for purposes of verifying compliance with this Lease, upon five (5) calendar days prior written notice to Tenant.
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2. TERM: The term of this Lease shall begin on ____________________, 2023 (“Commencement Date”) and shall continue until ____________ , 2028 (“Expiration Date”).

A. At the end of the term, at Tenant’s option, so long as Tenant is not in breach of any material obligation under this Lease, Landlord and Tenant may mutually, and in writing, renew the term of the Lease for a period not to exceed two years B. Notwithstanding the foregoing, Landlord may exercise any and all of its legal and equitable remedies, including, without limitation, terminating the Lease at any time due to Tenant or its subtenant’s failure to abide by and adhere to any and all provisions of this Lease, including, without limitation, the Rules and Regulations referenced herein.

3. RENT; RENT ADJUSTMENT: The capitalized term “Rent” shall mean all monetary obligations of Tenant to Landlord under this Lease, except the security deposit.

A. Tenant agrees to pay monthly rent in the amount of $ 1.00 per month, subject to adjustment in advance on the 1st day of each calendar month, by personal check, money order, or cashier’s check to City of Aliso Viejo at 12 Journey, Suite 100 Aliso Viejo, CA 92656 (or at any other location subsequently specified by Landlord in writing to Tenant). If any payment is returned for non-sufficient funds (“NSF”) or because Tenant stops payment, then, after that Landlord may by written notice to Tenant require Tenant to pay all future Rent by cashier’s check.

4. SECURITY DEPOSIT:

A. Concurrently with Tenant’s execution of this Lease, Tenant shall pay one month’s rent to Landlord as a security deposit.

B. All or any portion of the security deposit may be used, as reasonably necessary, to:
(i) cure Tenant’s default in payment of Rent (which includes late charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; and (iii) clean the Premises, if necessary, upon expiration or earlier termination of the tenancy. SECURITY DEPOSIT

SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST
MONTH’S RENT. If all or any portion of the security deposit is used during the tenancy, Tenant agrees to reinstate the total security deposit within five (5) days written request to Tenant. Within 21 days after Tenant vacates the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition and supporting documentation as required by California Civil Code Section 1950.5(g); and (2) return any remaining portion of the security deposit to Tenant.

C. After giving or receiving notice of termination of a tenancy, or before the end of this Lease, Tenant has the right to request that an inspection of the Premises take place prior to termination of the Lease or rental. If Tenant requests such an inspection, Tenant shall be given an opportunity to remedy identified deficiencies 271

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prior to termination, consistent with the terms of this Agreement. Any repairs or alterations made to the Premises as a result of this inspection (collectively, “Repairs”) shall be made at Tenant’s expense. Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. (iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the date of such Repairs; and (c) provide copies of receipts and statements to Landlord prior to termination. This Section does not apply, however, when the tenancy is terminated pursuant to California Code of Civil Procedure § 1161 (2), (3) or (4).

D. The security deposit will not be returned until all Tenants and occupants have vacated the Premises and all keys have been returned. Any security deposit returned by check shall be made jointly to all Tenants named in this Lease.

E. No interest will be paid on the security deposit.

5. INITIAL PAYMENTS; FIRST AND LAST MONTH’S RENT AND SECURITY DEPOSIT: Upon execution of this Lease, Tenant shall pay the first partial month’s rent (if applicable), first full month’s rent, last month’s rent (equal to one full month of rent) and the security deposit to Landlord by personal check, cashier’s check, or money order.

A. Calculation of initial payment due:

First month’s rent: $ 1.00
Last month’s rent: $ 1.00
Security deposit: $ 1.00
Less any deposit on file: $ 0.00
TOTAL INITIAL PAYMENT DUE: $ 3.00

6. LATE CHARGE; RETURNED CHECKS:

A. Tenant acknowledges that either late payment of monthly rent or issuance of a returned check may cause Landlord to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses.

If any installment of Rent due from Tenant is not received by Landlord within five (5) calendar days after the date due, or if a check is returned, Tenant shall pay to Landlord, respectively, an additional sum of five percent (5%) of the Rent due as a late charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check, all of which shall be deemed additional Rent.
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B. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant’s late or NSF payment. Any late charge or NSF fee due shall be paid with the current installment of Rent. Landlord’s acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord’s right to collect a late charge or NSF fee shall not be deemed an extension of the date monthly rent is due under Section 3A above or prevent Landlord from exercising any other rights and remedies under this Agreement and as provided by law.

7. PARKING: Tenant shall have a parking garage, and Tenant shall park only in such parking garage. Parking areas are to be used for parking properly licensed and operable motor vehicles, but not for trailers, boats, campers, buses or trucks (other than pick-up trucks).

Parking areas used by Tenant are to be kept clean, and vehicles leaking oil, gas or other motor vehicle fluids shall not be permitted. Mechanical work or storage of inoperable vehicles is not permitted.

8. UTILITIES: Tenant shall pay for all utilities. If any utilities are not separately metered, Tenant shall pay Tenant’s proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered, Tenant shall place utilities in Tenant’s name as of the Commencement Date. Tenant shall pay any cost for conversion from existing utilities service provider.

9. CONDITION OF PREMISES: Tenant represents and warrants that Tenant has examined the Premises and, all appliances, landscaping and fixtures, including smoke detector(s) and carbon monoxide detectors, and Tenant acknowledges these items are in good and operable condition.

10. MAINTENANCE:

A. Tenant shall properly use, operate and safeguard the Premises, including maintaining any landscaping and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well ventilated. Tenant shall be responsible for checking and maintaining all smoke detectors and carbon monoxide detectors and any additional phone lines beyond the one line and jack that Landlord shall provide and maintain. Tenant shall immediately notify Landlord’s Building Maintenance Department of any problem, malfunction or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises resulting from failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.

B. Tenant shall maintain, repair as necessary and water the garden, landscaping, trees and shrubs.
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C. Tenant’s failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform such maintenance, and Tenant shall reimburse Landlord for Landlord’s actual cost thereof, as additional Rent, within ten (10) days after written demand.

11. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy himself, herself, or itself as to neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.

12. PETS: Unless otherwise provided in California Civil Code § 54.2, Tenant may keep no more than two (2) pets on the Premises as pets, subject to Landlord’s separate Pet Agreement attached hereto as Exhibit “C”, which must be signed by Tenant and is incorporated herein by reference. Except as expressly so provided herein, no other animal or pet shall be kept on or about the Premises without Landlord’s prior written consent.

13. WATERBEDS: If the Premises were constructed on or after January 1973, then Tenant may use a waterbed in the Premises provided: (i) Tenant obtains a replacement value $100,000 waterbed insurance policy and delivers a copy to Landlord; (ii) the waterbed does not exceed the floor load for the Premises; (iii) the waterbed is held together by a pedestal or frame; (iv) the Tenant installs, maintains and moves the waterbed in accordance with the manufacturer's retailer's standards; (v) the Tenant gives Landlord at least 24 hours' prior written notice of Tenant's intention to install, move or remove (as applicable) the waterbed and arranges for a Landlord representative to be present when this occurs; (vi) the waterbed has a label certifying that it conforms to construction standards imposed by the State Bureau of Home Furnishings; and (vii) the waterbed was constructed after January 1, 1973.

14. SMOKING: Tenant shall not smoke or allow smoking of a cigarette or other tobacco products, including, without limitation e-cigarettes, vaping, cigars, pipes, and hookahs in any portion of the interior of the Premises (i.e., inside buildings and structures).

Additionally, Tenant shall not smoke or allow smoking of any other substances, including without limitation, cannabis, in any portion of the Premises, including the exterior patios.

Notwithstanding the foregoing, if smoking occurs on the Premises, Tenant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; and Tenant acknowledges that in order to remove odor caused by smoking, Landlord may need to take certain actions such as replacing carpet and drapes and painting entire premises regardless of when these items were last cleaned or replaced.

Such actions and other necessary steps will impact the return of any security deposit. 274

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15. RULES/REGULATIONS:

A. Tenant and its subtenants shall comply with the Rules and Regulations attached hereto as Exhibit “D” and incorporated herein by reference. Failure of Tenant and/or subtenant(s) or their guests or licensees to abide by any portion of this Lease, including, without limitation, the Rules and Regulations, shall be grounds for immediate termination of this Lease and/or eviction from the Premises.

B. Tenant agrees to comply with all other Landlord rules and regulations that are delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant as well as subtenants of Tenant and their guests and licensees shall not, disturb, annoy, endanger or interfere with other tenants (if any) or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises.

16. (If checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT:

The Premises is a unit in a condominium, planned unit development, common interest subdivision or other development governed by a homeowners’ association (“HOA”). The name of the HOA is Vantis Maintenance Corp. Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions, and Landlord has provided or shall provide Tenant with copies of them. Landlord shall be responsible for paying HOA fines imposed due to actions or omissions caused by Landlord or its agents or representatives. Tenant shall be responsible for paying HOA fines imposed due to actions or omissions caused by Tenant, its agents, representatives, guests, invitees, subtenants, and their guests and invitees.

17. EQUIPMENT; ALTERATIONS; REPAIRS: Unless otherwise required by law, without Landlord’s prior written consent: (i) Tenant shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials; (ii) Landlord shall not be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant shall not deduct from Rent the costs of any repairs, alterations or improvements; and (iv) any deduction made by Tenant shall be considered unpaid Rent.

Any equipment, fixtures, or improvements (including, without limitation, water treatment and water filtration equipment) installed by the Landlord (whether purchased by the Landlord or the Tenant) shall remain the property of the Landlord and shall remain on the Premises after the expiration or earlier termination of the Lease. Any equipment, fixtures, or improvements (including, without limitation, fencing) shall only be installed by the Tenant after written approval by the Landlord and shall become the property of the Landlord at the expiration or earlier termination of the Lease. The Landlord may require the Tenant to remove any such equipment, fixtures, or improvements (whether installed by 275

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the Landlord or the Tenant) and restore the Premises to their original condition at the Tenant’s expense.

Any appliances installed or placed in the Premises by the Landlord shall remain the property of the Landlord and shall not be removed by the Tenant. Landlord will supply the Premises with appliances including a refrigerator and washer and dryer, however Tenant will be responsible for those appliances’ maintenance and repair. Landlord agrees to supply new appliances for the Premises every five (5) years.

18. KEYS; LOCKS:

A. Tenant acknowledges receipt of (or Tenant will receive prior to the Commencement Date):
____2____ key(s) to the Premises
___1___ remote control device(s) for garage door/gate opener(s) ____1____ key(s) to mailbox
_____________ key(s) to common area(s), if applicable
B. If Tenant re-keys existing locks or opening devices (with or without Landlord’s consent), Tenant shall immediately deliver copies of all keys to Landlord. Tenant shall pay all costs and charges related to loss of any keys or opening devices.

Tenant may not remove locks, even if installed by Tenant.

19. ENTRY:

A. Tenant shall make Premises available to Landlord or Landlord’s representative for the purpose of entering to make necessary repairs, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.

B. Landlord and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except that 48-hour written notice is required to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided Tenant has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given to show the Premises. No notice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents at the time of entry or (iii) if the Tenant has abandoned or surrendered the Premises. No written notice is required if Landlord and Tenant orally agree to an entry for agreed services or repairs.

20. SIGNS: Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises. 276

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21. ASSIGNMENT AND SUBLETTING: Tenant shall be authorized to sublet the entirety of the Premises pursuant to the restrictions provided herein, including, without limitation, Section 1. Any subletting of Premises or this Lease or tenancy, by voluntary act of Tenant, operation of law or otherwise, in violation of the provisions of this Lease shall be grounds for Landlord to terminate this Lease. For purposes of this Lease, “subletting” shall be defined broadly to include formal or informal arrangements, whether in writing or oral, for any consideration or no consideration, by which Tenant is not using the Premises as his/her primary residence, but individuals other than Tenant are using the Premises as their primary residence, regardless of who is paying the Rent.

22. JOINT AND SEVERAL OBLIGATIONS: lf there is more than one Tenant, each one shall be completely responsible for the performance of all obligations of Tenant under this Lease, jointly and severally with every other Tenant, whether or not in possession.

23. MEGAN’S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Landlord is not required to check this website.

If Tenant wants further information, Tenant should obtain information directly from this website.)

24. MOLD AND MILDEW WARNING NOTICE: Mold and mildew may be injurious to one’s health; therefore, Tenant acknowledges that: (a) Tenant has inspected the Premises, and every part thereof, at the outset of the tenancy; (b) Tenant has found no signs of moisture, mold or mildew therein; (c) Tenant shall: (i) keep the Premises well-ventilated, clean and dry any signs of mold or mildew from all surfaces, (ii) promptly notify Landlord of any dampness (from leaks, overflows, water intrusion, etc.); and (iii) promptly notify Landlord of any mold, as well as any malfunction of ventilation, air conditioning or heating systems. Tenant shall be liable for any costs, expenses, injuries, damages and claims that may result from any failure to perform the foregoing duties.

25. TOXIC SUBSTANCE WARNING: Landlord is required to give you notice that areas on this property contain or may contain one or more of some 700 + toxic substances and chemicals substances, such as swimming pool disinfectant, cleaning substances, automobile exhaust fumes, barbeque or second-hand cigarette smoke, laundry room fluids or emissions, lead paint, asbestos, etc., known to the State of California to cause cancer, reproductive toxicity, birth defects and reproductive harm.

26. TENANT’S OBLIGATIONS UPON VACATING PREMISES:

A. Upon the expiration or earlier termination of this Lease, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including any mailboxes, pools, gates, common areas and all garage door openers; (ii) vacate and surrender Premises to Landlord, empty of all personal property and persons; (iii) vacate any/all parking and/or storage space; (iv) clean and deliver Premises to 277

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Landlord in good and broom-clean condition; (v) remove all debris; and (vi) give written notice to Landlord of Tenant’s forwarding address.

B. All alterations/improvements made by or caused to be made by Tenant and/or Authorized Occupants, with or without Landlord’s consent, shall become the property of Landlord upon the expiration or earlier termination of this Lease. At Landlord’s discretion, Landlord may, but is not obligated to, restore the Premises to the condition they were in prior to any alterations/improvements that were not approved in writing by Landlord. In such a case, Tenant shall reimburse Landlord, as additional Rent, within ten (10) days after written demand for costs of restoration.

27. HOLDOVER: Tenant shall not remain in possession of or hold over on the Premises after the termination of the Lease Term. To the extent Tenant does hold over after the expiration of the Lease Term, the provisions of this Lease shall continue to apply with the exception that the Lease Term shall not be deemed to be extended

28. TEMPORARY RELOCATION: Subject to local law, Tenant agrees, upon demand of Landlord, to temporarily vacate Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate Premises. Unless Landlord expressly agrees in writing to pay relocation benefits, Tenant hereby waives any and all rights it may have to relocation benefits under California law.

29. DAMAGE: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this Agreement by giving the other written notice and Rent shall be abated as of the date Premises become totally or partially uninhabitable. Landlord may also terminate this Lease upon written notice to Tenant if damage to the condominium complex occurs which will cost in excess of 20% of the replacement cost of the complex to repair. If this Lease is not terminated, Landlord shall promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant’s reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant’s guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made.

30. INSURANCE: Tenant’s, Authorized Occupant’s, or guest’s personal property and vehicles are not insured by Landlord, manager or HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is advised to carry Tenant’s own insurance to protect Tenant from any such loss or damage.

Tenant shall comply with any requirement imposed on Tenant by Landlord’s insurer to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.
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31. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. Landlord does not waive any rights by accepting rent or by failing to enforce any terms of this Lease. Landlord’s acceptance of rent with knowledge that Tenant has violated the Lease shall not waive or affect Landlord’s right to evict Tenant.

32. NOTICES: Notices may be served at the following address, or at any other location subsequently designated:

Landlord: City of Aliso Viejo
12 Journey
Aliso Viejo, CA 92656
Attn: City Clerk
Tenant: To FAM
1030 Calle Negocio
San Clemente, CA 92673

33. TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return, from time to time, a tenant estoppel certificate delivered to Tenant by Landlord, containing such information regarding this Lease and the Premises as Landlord may request, within five (5) business days. Failure to comply with this requirement shall be deemed Tenant’s acknowledgment that the tenant estoppel certificate is true and correct, and may be relied upon by Landlord and a lender or purchaser.

34. MEDIATION:

A. Subject to Section 34B below, Landlord and Tenant agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally between Landlord and Tenant. If, for any dispute or claim to which this Section applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover its attorneys’ fees, even if they would otherwise be available to that party in any such action.

B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) any matter within the jurisdiction of a probate, small claims or bankruptcy court; (iii) an action for injunctive relief; (iv) an action for attachment.

35. ATTORNEYS’ FEES: In any action or proceeding arising out of this Lease, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorneys’ fees and costs, except as provided in Section 37A above.

36. ENTIRE CONTRACT; SEVERABILITY; AMENDMENTS: All understandings between the parties are incorporated in this Lease. The terms are intended by the parties as a final, complete and exclusive expression of their agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Lease is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing.
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37. LANDLORD IS ACTING IN ITS PROPRIETARY CAPACITY (NOT GOVERNMENTAL CAPACITY): In entering into this Lease, Landlord is acting in its proprietary capacity as a party to a contract, and not in its governmental capacity; consequently, nothing in this Lease shall be construed to modify or waive Landlord’s rights in its governmental capacity, all of which are hereby reserved.

38. ASSUMPTION OF RISK, WAIVER, AND LANDLORD’S NON-LIABILITY. To the maximum extent allowed by law, except Landlord’s willful or actively negligent acts, Tenant assumes any and all risk of loss, damage or injury of any kind to any person or property which is on or about the Premises. Tenant’s assumption of risk shall include, without limitation, loss or damage caused by defects within the Premises or any fixture therein, accident, fire or other casualty on the Premises. To the maximum extent allowed by law, except for Landlord’s willful or actively negligent acts, Tenant hereby waives all claims and demands against Landlord, its respective officials, officers, employees, volunteers and agents for injury to persons, damage to property or any other interest of Tenant sustained by Tenant or any person claiming to be Tenant resulting from any occurrence on or about the Premises.

Tenant has been advised by its legal counsel concerning the content and effect of California Civil Code section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Tenant hereby waives the benefits of Civil Code section 1542 and all other state or federal statutes or judicial decisions of similar effect. The provisions of this Section shall survive the termination or expiration of this Lease.

By its initials below, Tenant acknowledges it agrees with the statements contained in this section.
______ Tenant’s Initials
INDEMNITY: Tenant agrees to defend, indemnify and hold harmless Landlord, its respective officials, officers, employees, volunteers and agents (collectively, “Indemnified Parties”) from and against any and all claims, including any and all claims relating to or arising from this Lease, any sublease, the Premises or Tenant’s or its officials, officers, employees, volunteers, agents, guests, licensees, invitees, or subtenants’ possession, use, occupancy, management, operation, repair, maintenance or control of the Premises, or any portion thereof, except for Landlord’s willful or actively negligent acts, specifically including, without limitation, any loss, action, damages, liability, or expense (including attorneys' fees) arising by reason of the following:

A. The death or injury of any person or persons, including Tenant or any person who is an official, officer, employee, volunteer, agent, guest, licensee, invitee, or subtenant of Tenant, or by reason of the damage or destruction of any property, including property owned by Tenant or any person who is an employee, agent, guest 280

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or subtenant of Tenant, and caused or allegedly caused by either the condition of said premises, or some act or omission of Tenant or of some agent, contractor, employee, servant, guest or subtenant of Tenant on the Premises; B. The willful or negligent act or omission of Tenant or Tenant’s officials, officers, employees, volunteers, agents, guests, licensees, invitees, or subtenants (if applicable);
C. The breach, default, violation or nonperformance of this Lease by Tenant; D. Tenant’s failure to comply with any requirement of local, state or federal law or any requirement imposed by Landlord or by any duly authorized governmental agency or political subdivision.

Tenant must pay, satisfy and discharge any and all money judgments that may be recovered against any Indemnified Party in connection with the foregoing. Tenant’s obligation hereunder shall survive termination of this Lease, and shall not be restricted to insurance proceeds, if any, received by any Indemnified Party.

Upon written request from an Indemnified Party, Tenant shall defend (with counsel acceptable to that Indemnified Party, in the Indemnified Party's discretion) any claim, including any claim relating to or arising from Tenant’s possession, use, occupancy, management, operation, repair, maintenance or control of the Premises, lawsuit, administrative action or other proceeding brought against the Indemnified Party by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this Lease for which Tenant has an obligation to indemnify. Tenant shall pay all reasonable costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. The obligations of Tenant to this section .19 shall survive the expiration of the Term and termination this Lease.

39. TIME OF ESSENCE: Time is of the essence of each and every provision of this Lease in which time is a factor.

40. EXECUTION IN COUNTERPARTS: Counterpart originals of this Lease may be executed, each of which, and all of which together, shall constitute one-and-the same agreement.

41. POSSESSORY INTEREST TAX: Landlord hereby informs Tenant that a form of property tax called a “possessory interest tax” may apply to Tenant’s interest under this Lease. Tenant shall pay all such possessory interest taxes, as assessed to Tenant, before they become delinquent, and may submit proof of payment of such tax to Landlord for prompt reimbursement.

42. WAIVER OF RELIEF FROM FORFEITURE: To the extent not prohibited by law, Tenant hereby waives and agrees not to assert any rights or benefits under California Code of Civil Procedure Section 1179 permitting a court to relieve a tenant from forfeiture of a Lease and restore him to or her to tenancy in the case of “hardship”. 281

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43. COUNCIL AUTHORITY TO AMEND: The Aliso Viejo City Manager (“City Manager”) shall have the authority (but not any obligation) to amend this Lease on behalf of the Landlord/City provided the amendment is express, in writing and executed by the City Manager and the Tenant.

44. COMPLIANCE WITH LAWS: Neither Tenant, nor Tenant’s guests or invitees, shall violate any law or commit or permit any waste, damage to, or nuisance in or about, the Premises, or in any way annoy any other tenant, or operate any business in or about the Premises, or do or keep anything in or about the Premises that will obstruct the common areas or usage thereof, or increase Landlord’s insurance premiums.

45. NON-CURABLE BREACH OF AGREEMENT: The following, by way of illustration and not limitation, shall constitute a non-curable breach of this Agreement: (a) Police raid upon the Premises resulting in the arrest and conviction of Tenant for possession/sale/storage of any illegal narcotic/controlled substance/chemical or herbal contraband, in or about the Premises, or for aiding and abetting any family member, occupant, guest or visitor in any such activity; (b) Misrepresentation or material omission on Tenant’s Rental Application vitiating the tenancy.
(Signatures on Next Page)
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IN WITNESS WHEREOF, Landlord and Tenant have executed and delivered this Lease as of the date first written above.

LANDLORD: CITY OF ALISO VIEJO,
a California municipal corporation
By:

David Doyle
City Manager
ATTEST:

Mitzi Ortiz, City Clerk
TENANT: FAMILY ASSISTANCE MINISTRIES,
a California public benefit corporation
Print Name/Title:

Print Name/Title:
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EXHIBIT “A”

FAM PROGRAM GUIDELINES
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Interim Housing Guidelines
o Resident:
o Meets project eligibility requirements (applicant must have ties to the South Service Planning Area, with priority given to an applicant who lives, works, or attends an institution in Aliso Viejo)
o Provides proof of income
o Complies with occupancy standards (maximum person occupying the unit) o Follows application screening practices, such as:
o Credit reporting guidelines
o Eviction history or process
o Rental History
o Criminal history
o Abides by the good neighbor policy and follow community rules and expectations o Meets rental obligation which is not to exceed 30% of total monthly income o Complies with expectations listed in sublease including occupancy limits, rental commitment, parking designations, use of community spaces, noise ordinance, etc. o Family Assistance Ministries:
o Perform monthly unit visits in coordination with case management activities o Connect resident to support services to assist in increasing income and/or decreasing expenses
o Support residents’ goal to obtain permanent housing as quickly as possible and in no longer than 24 months
o Maintain positive relationships with community members surrounding the rental unit. o Respond to concerns immediately or within 24 hours of receiving notice. o Provide support to furnish the rental unit with necessary living items, such a dining room table, chairs and beds for each resident.
o Provide City of Aliso Viejo with quarterly updates or as requested. o Project Goals:
o Collaborate with the City of Aliso Viejo to move families experiencing homelessness into safe housing options.
o Rental unit is used to prioritize a family (up to 5 individuals) for up to 24 months to stabilize and gain access to permanent housing.
o Progress towards housing will be supported and measured by a designated Case Manager.

Case Manager will be trained in social services, trauma informed care, motivational interviewing and housing first to ensure quality services are provided to the program residents/participants.
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EXHIBIT “B”

INCOME CERTIFICATION FORM
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Income Certification Form
NOTE TO TENANT: This form is designed to assist you in computing “Adjusted Income” in accordance with the method set forth in the United States Department of Housing and Urban Development (“HUD”) Regulations at United States Code of Federal Regulations, Title 24, Part 5, Section 5.611. You should make certain that this form is at all times up-to-date with the HUD Regulations.

Re: 38 Colonial Way, Aliso Viejo, CA 92656
Members of Household. I/We, the undersigned state that I/we have read and answered fully, frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit:

Names of
Members of
Household
Relationship
to Head of
Household
Age Social
Security
Number
Place of
Employment
Adjusted Income Computation. The total anticipated annual income, calculated in accordance with the provisions of this Section 2, of all persons over the age of 18 years listed in Section 1 for the 12-month period beginning the date that: (i) I/we plan to move into a unit; or (ii) the date of this Certification, whichever is later, is $ ____________________.

Annual income means all amounts, monetary or not, which:

Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and Which are not specifically excluded in paragraph (c) of this Section 2.

Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.

Annual income includes, but is not limited to:

The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; 287

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The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;
Interest, dividends, and other net income of any kind from real or personal property.

Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD; The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this Section 2); Payments in lieu of earnings, such as unemployment and disability compensation, workers compensation and severance pay (except as provided in paragraph (c)(3) of this Section 2);
Welfare assistance payments.

Welfare assistance payments made under the Temporary Assistance for Needy Families (TAN) program are included in annual income only to the extent such payments:

Qualify as assistance under the TAN program definition at 45 C.F.R. 260.31; and
Are not otherwise excluded under paragraph (c) of this Section 2.

If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:

The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family’s welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage. 288

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Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling;
All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this Section 2).

Annual income does not include the following:

Income from employment of children (including foster children) under the age of 18 years;
Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); Lump-sum additions to family assets, such as inheritances, gifts, insurance payments (including payments under health and accident insurance and workers compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this Section 2);
Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;
Income of a live-in aide, as defined in 24 C.F.R. 5.403; The full amount of student financial assistance paid directly to the student or to the educational institution;
The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;
 Amounts received under training programs funded by HUD; Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;
Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for City or FAM, on a part-time basis, that enhances the quality of life in the development.

Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the City Council. No resident may receive more than one such stipend during the same period of time; 289

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Incremental earnings and benefits resulting to any family member from participation in qualifying California or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; Temporary, nonrecurring or sporadic income (including gifts); Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
Adoption assistance payments in excess of $480 per adopted child; [Reserved]
Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts; Amounts received by the family in the form of refunds or rebates under California or local law for property taxes paid on the Unit;
Amounts paid by a California agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 C.F.R. 5.609(c) apply.

Capital Asset and Savings Information. Do the persons whose income or contributions are included in Section 2 above:
have savings, stocks, bonds, equity in real property or other form of capital investment (excluding the values of necessary items of personal property such as furniture and automobiles and interests in Indian trust land)? ___ Yes ____ No; or have they disposed of any assets (other than at a foreclosure or bankruptcy sale) during the last two years at less than fair market value? ___Yes ___No If the answer to (a) or (b) above is yes, does the combined total value of all such assets owned or disposed of by all such persons total more than $5,000? ___Yes ___No If the answer to (c) is yes, state:
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the amount of income expected to be derived from such assets in the 12-month period beginning on the date of initial occupancy in the unit that you propose to rent: $______; and
the amount of such income, if any, that was included in Section 2 above: $______ Full-Time Student Information.

Are all of the individuals who propose to reside in the unit full-time students*? ____Yes ____No
*A full-time student is an individual enrolled as a full-time student during each of five calendar months during the calendar year in which occupancy of the unit begins at an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance and is not an individual pursuing a full-time course of institutional or farm training under the supervision of an accredited agent of such an educational organization or of a state or political subdivision thereof.

If the answer to 4(a) is yes, is at least one of the proposed occupants of the unit a husband and wife entitled to file a joint federal income tax return? ____Yes ____No No Relationship With Owner or FAM. Neither myself nor any other occupant of the unit I/we propose to rent is an owner of the rental housing project in which the unit is located (hereinafter the “Owner”), has any family relationship to Owner or owns, directly or indirectly, any interest in the ownership. For purposes of this section, indirect ownership by an individual shall mean ownership by a family member, ownership by a corporation, partnership, estate or trust in proportion to the ownership or beneficial interest in such corporation, partnership, estate or trust held by the individual or a family member, and ownership, direct or indirect, by a partner of the individual.

Certification of Accuracy of Information. This certificate is made with the knowledge that it will be relied upon by FAM to determine maximum income for eligibility to occupy the unit; and I/we declare that all information set forth herein is true, correct and complete and, based upon information I/we deem reliable and that the statement of total anticipated income contained in this Section 2 is reasonable and based upon such investigation as the undersigned deemed necessary.

I/we acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with FAM to lease the unit and will entitle FAM to prevent or terminate my/our occupancy of the unit by institution of an action for eviction or other appropriate action or proceedings. I/we will assist FAM in obtaining any information or documents required to verify the statements made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year.

Housing Issuer Statistical Information (Optional--will be used for reporting purposes only):

Marital Status: _____________________________
291

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60367.01100\33697369.2
Race (Head of Household)
White ________ Asian ________ Hispanic ________
African-American ________ Native American ________ Other ________ Physical Disability: Yes ________ No ________
I/we declare under penalty of perjury under the laws of the United States of America and the laws of the State of California that the foregoing is true and correct.

Executed this ________ day of__________, ____ in the County of Orange, California.

Applicant
Applicant
[Signature of all persons over the age of 18 years listed in Section 2 above required] 292

Page 26 of 31 ends

60367.01100\33697369.2
FOR COMPLETION BY FAM ONLY:

Calculation of eligible income:
(a) Enter amount entered for entire household in Section 2: $______________ (b) (1) If answer to Section 3(c) is “yes,” enter the total amount entered in paragraph 3(d)(1), subtract from that figure the amount entered in 3(d)(2) and enter the remaining balance ($_______________);
(2) Multiply the amount entered in Section 8(b)(1) times the current passbook savings rate to determine what the total annual earnings on the amount in Section 8(b)(1) would be if invested in passbook savings ($________), subtract from that figure the amount entered in Section 8(b)(1) and enter the remaining balance (3) Enter at right the greater of the amount calculated under (1) or (2) above: $_____________;
(c) TOTAL ELIGIBLE INCOME
(Line 8(a) plus line 8(b)(3)): $________________
The amount entered in Line 8(c):
_____ Qualifies the applicant(s) as a [insert income category of Qualified Household.] _____ Does not qualify the applicant(s) as a Qualified Household.

Unit number assigned: ________
Rent: $________ monthly/annually
The unit specified in Section 10 above [was/was not] last occupied for a period of, at least, 31 consecutive days by persons whose aggregate anticipated annual income, as certified in the above manner upon their initial occupancy of the unit, qualified them as a Qualified Household that was a ________________ Household (very low or lower income household). 293

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60367.01100\33697369.2
Method used to verify applicant(s) income:
_____ Employer income verification.
_____ Copies of tax returns.
_____ Other (_____________________)
Management Agent
The undersigned employee has applied for a rental unit located in a project owned by the City of Aliso Viejo for persons of very low and lower income. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employee’s current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis.

Annual wages ________ Overtime ________ Bonuses ________ Commissions ________
Total current income ____________
I hereby certify under penalty of perjury under the laws of the United States of America and the laws of the State of California that the statements above are true and complete to the best of my knowledge.
_____________________________ _______________ ______________________________ Signature Date Title
I hereby grant you permission to disclose my income to ____________________________ in order that they may determine my income eligibility for rental of a residential property at 35 Playa Circle, Aliso Viejo, California.
_____________________________ _______________
Signature Date
Please send to: ________________________________________ ________________________________________
________________________________________
I hereby attach copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify under penalty of perjury under the laws of the United States of America and the laws of the State of California that the information shown in such income tax returns is true and complete to the best of my knowledge. _____________________________ _______________
Signature Date
294

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60367.01100\33697369.2
EXHIBIT “C”

PET AGREEMENT
295

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60367.01100\33697369.2

PET AGREEMENT
LANDLORD: City of Aliso Viejo, CA
TENANT: ___________________________________________
PREMISES: 35 Playa Circle, Aliso Viejo, CA 92656
DOG(S): None CAT(S): None
Breed(s): ____________________________ Breed(s): ______________________________ Name(s): ____________________________ Name(s): ______________________________ Tenant, in consideration of this agreement which is incorporated into the rental agreement, shall abide by the following terms, each of which is material:

1. Pet(s) allowed: The only pet(s) which the tenant shall keep on the premises are described above.

2. Repair and/or Replacement: Tenant shall either, at the sole election of the landlord, repair in a workmanlike manner or reimburse the landlord for the costs of said repair, upon a demand contained in a three day notice to perform or quit, any damages to the premises or its furnishings and improvements, caused by the pet(s).

3. Dogs: Dogs must be neutered. Dogs must be leashed, at all times, outside the premises.

Dogs shall not be allowed to defecate on or about the premises. Any such defecation must be immediately removed and either wrapped or bagged. Unwrapped defecation shall not be placed in any trash container. Dogs must not bark or howl or in any way become a nuisance or threat to the other tenants of the premises. Dogs shall be kept free of fleas and tenant is responsible for the costs of any and all flea infestation treatment which may be required, at the sole discretion of the landlord. Tenant represents that their dog(s) is/are housebroken.

4. Cats: Cats must be neutered. Cats must be kept inside the premises at all times unless the premises is a single family dwelling. A litter box must be maintained inside the premises and it must be kept clean. Litter must be bagged before being placed into trash.

5. Feeding: No pet may be fed outside the dwelling unit or fed over any uncovered carpeting.

6. Laws and ordinances: Tenant shall obey all pertinent laws and ordinances. 296

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60367.01100\33697369.2

7. Breach of Covenant: The breach of any covenant of this agreement, following the service of a three day notice to perform or quit on the tenant, shall be deemed a material breach of the rental agreement and will entitle the landlord to restitution of the premises, and such other damages as may be recoverable pursuant to the terms of the rental agreement.

8. Unattended Pet: No pet shall be left unattended for more than twenty-four hours. When tenant is on vacation or away from the premises for more than twenty-four hours, the pet must be taken to a pet care facility. Strangers to the tenancy shall not be allowed to enter the premises to care for the pet.

9. Abandonment of Pet: Any pet left at the premises following either voluntary vacation by the tenant or lockout pursuant to court order shall be deemed abandoned. The landlord has no responsibility for the care, feeding, and maintenance of the pet, and may immediately turn the pet over to any local animal control authority.

10. Complete Agreement: This is the complete agreement between the parties concerning pet(s).

11. Modification of Agreement: This agreement may only be modified by an agreement in writing signed by both parties.

12. Waiver: The acceptance of rent by the landlord from the tenant after a breach or purported breach of this agreement shall not be considered a waiver of any covenant herein.

13. Indemnity and Hold Harmless: The tenant shall indemnify the landlord and hold the landlord harmless from any and all damages, inconveniences, and nuisance which may be caused by the pet, and will reimburse landlord for all expenses occasioned thereby.

14. Liability insurance covering injuries or damages caused by Tenant’s pet(s), with a minimum limit per incident as specified by Landlord, showing Landlord as an additional insured, shall be purchased by Tenant and kept in effect during the tenancy on Landlord's demand.
____________________________________ ______________________________ Tenant Date
____________________________________ ______________________________ Tenant Date
____________________________________ ______________________________ Landlord Date
297

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60367.01100\33697369.2
EXHIBIT “D”

RULES AND REGULATIONS

1. Landlord is not responsible for providing any security, and shall not be responsible for fire, theft of personal property, including jewelry, money, apparel or other items in the Premises, storage areas, carports, garages, common area or mailboxes.

2. No unnecessary noise is allowed at any time. All musical instruments, television sets, radios, stereos, etc. are to be played only at a volume that does not disturb neighbors and other residents.

3. All appliances including garbage disposal and dishwasher are to be operated only in accordance with factory recommendations, instructions delivered to you or posted instructions.

4. No alterations may be done without prior written consent from Landlord. Any drapes and carpets must be given good care and kept free of spots, burns and other damage.

Notwithstanding the foregoing, if a Tenant paints a unit, upon move-out, the Tenant must re-paint the unit in its original color, or will be held financially liable for the cost of repainting the unit.

5. Cost of repairs to or stoppage of, waste pipes or drains, water pipes, plumbing fixtures or overflow therefrom caused by negligent or improper usage, or the introduction of foreign articles or materials into the system, will be the responsibility of and must be paid for by the Tenant.

6. No rugs, towels, articles of clothing or other such items are to be draped over the rails of balconies, and no mops or rugs are to be shaken from same or through window openings.

7. The storage of gasoline or other combustibles is prohibited.

8. Residents are responsible for the conduct of their licensees, guests and contractors and the adherence to these rules at all times. Intoxication, disorderly conduct, objectionable language or other disturbance by residents or visitors are not permitted.

9. No trash or other material may be accumulated that will create a hazard or be in violation of any health, fire or safety ordinance or regulation. Premises must be kept clean and sanitary and free from objectionable odors.

10. Vehicles parked in violation of the Lease may be towed away at the Tenant’s expense.

11. No personal belongings, including bicycles, equipment or other items may be placed in halls, stairways or any common areas except in areas where expressly allowed by posted signage.
298

FAM HAS A FULL HOUSING CONTINUUM TO INCLUDE THIRTY-SIX BEDS AT FAMILY HOUSE, THE ONLY

EMERGENCY SHELTER FOR FAMILIES IN SOUTH ORANGE COUNTY SERVING SINGLE DADS, SINGLE MOMS, DUAL PARENT HOUSEHOLDS AND PREGNANT WOMEN; SIXTEEN-BED GILCHRIST HOUSE SHELTER FOR HOMELESS WOMEN AND HOMELESS MOTHERS WITH CHILDREN WITHIN 22 MILES ; PERMANENT HOUSING

SUPPORT, RENTAL ASSISTANCE TO AVOID EVICTION AND UTILITY ASSISTANCE TO AVOID SHUT-OFF OR RESUME SERVICES.

FAM IS HONORED TO CONTINUE OUR PARTNERSHIP IN PREVENTING AND ENDING HUNGER AND HOMELESSNESS FOR ALISO VIEJO RESIDENTS. EACH RESIDENT WHO CONNECTS WITH FAM FIND A

CUSTOMIZED PLAN THROUGH CASE MANAGEMENT, PROVISION OF FOOD, PERSONAL CARE ITEMS, DIAPERS, RENTAL AND UTILITY ASSISTANCE.
66 NEW HOUSEHOLDS

CITY OF ALISO VIEJO

S A N D R A ' S S T O R Y

C I T Y O F A L I S O V I E J O R E S I D E N T S
49,749 59,699

MEALS PROVIDED POUNDS OF FOOD

W E ' D L I K E T O S H A R E S O M E C U R R E N T I N F O R M A T I O N A B O U T T H E O N G O I N G N E E D S O F A L I S O V I E J O R E S I D E N T S P O S T P A N D E M I C .

SANDRA DIDN’T GO INTO THE MARRIAGE KNOWING WHAT SHE
KNOWS NOW. SHE FOUND HERSELF ON THE STREETS IN SOUTH OC

LIVING IN HER CAR WITH TWO CHILDREN, ONE WITH SPECIAL
NEEDS. SHE DIDN’T SLEEP MUCH BECAUSE SHE WAS SCARED. THEY DIDN’T EAT MUCH BECAUSE FUNDS WERE SCARCE. THEN SHE MET A WOMAN WHO TOLD HER ABOUT FAM. NOW IN FAM'S SHELTER,

SANDRA AND HER CHILDREN ARE SAFE, WELL FED, WARM AND
WORKING A PLAN TO GET BACK ON THEIR OWN TWO FEET.

MARCH - JANUARY 2023
RESIDENTS SERVED 333
139
149
2,381
78 HOUSEHOLDS SERVED

CHILDREN SERVED

ENCOUNTERS WITH PEOPLE

SENIORS SERVED
MARCH - JANUARY 2022
RESIDENTS SERVED 500
200
159
2,355
92 HOUSEHOLDS SERVED

CHILDREN SERVED

ENCOUNTERS WITH PEOPLE

SENIORS SERVED
299
City of Aliso Viejo

AGENDA ITEM
DATE: January 18, 2023
TO: Mayor and City Council
FROM: David Doyle, City Manager
Patricia Cantonwine, HR Analyst
SUBJECT: RESOLUTION UPDATING SALARY SCHEDULE DUE TO MINIMUM

WAGE INCREASE
Recommended Action:

Adopt a Resolution to update the salary schedule due to increase in minimum wage.

Fiscal Impact:

The fiscal impact to increase the salary ranges for the Recreation Leader and Senior Recreation Leader is estimated to be less than $1,000 for the remaining fiscal year and will be absorbed in the current budget.

Background:

In April 2016, Senate Bill 3 (“SB3”) was signed into law, which amended California Labor Code §1182.12 and gradually increased California’s minimum wage to $15.00 per hour by January 1, 2022. SB3 also stated that after the minimum wage reaches $15.00 an hour, the minimum wage rate may be adjusted annually for inflation. Specifically, section 246 of the California Labor Code states that minimum wage shall automatically increase when inflation exceeds 7% for the prior year, based on the national consumer price index for urban wage earners and clerical workers (“CPI”). Since the CPI exceeded 7%, Governor Newsom announced on May 12, 2022, that California’s minimum wage shall increase to $15.50 per hour for all workers beginning on January 1, 2023. The range minimum of the City’s salary ranges must be at least the State’s set minimum wage.

Discussion:

The only City position that has a starting rate below the State minimum wage is the Recreation Leader position. Although all incumbent Recreation Leaders are being paid according to the State’s 2023 minimum wage requirements, the salary range for the position needs to be updated so the minimum hourly rate meets the minimum wage rate.

In addition, to prevent compaction between the Recreation Leader and Senior Recreation 300

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Leader positions, an adjustment for the Senior Recreation Leader hourly range is also being proposed.

Currently, there are two Senior Recreation Leaders that are being paid at the minimum of the current range and would need to be increased by 3.33% to meet the proposed ranges below. The fiscal impact for these increases is estimated to be less than $1,000 for the remaining fiscal year and will be absorbed in the current budget.

Current Salary Ranges
Hourly Range
Minimum
Hourly Control
Point
Hourly Range
Maximum
Recreation Leader $ 15.00 $ 16.66 $ 20.00
Senior Recreation Leader $ 17.25 $ 19.16 $ 23.00
Proposed Salary Ranges
Recreation Leader $ 15.50 $ 17.21 $ 20.66
Senior Recreation Leader $ 17.82 $ 19.79 $ 23.76
Attachments:

1. Resolution

2. Salary Schedule
301
RESOLUTION NO. 2023 - XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING A SALARY SCHEDULE TO

COMPLY WITH CALIFORNIA MINIMUM WAGE RATE
WHEREAS, In April 2016, Senate Bill 3 (“SB3”) was signed into law, which amended California Labor Code §1182.12 and gradually increased California’s minimum wage to $15.00 per hour by January 1, 2022; and
WHEREAS, section 246 of the California Labor Code states that minimum wage shall automatically increase when inflation exceeds 7% for the prior year, based on the national consumer price index for urban wage earners and clerical workers (“CPI”); and WHEREAS, since the CPI exceeded 7%, Governor Newsom announced on May 12, 2022, that the California’s minimum wage shall increase to $15.50 per hour, or 3.33%, for all workers beginning on January 1, 2023; and
WHEREAS, the City must update the hourly range for the Recreation Leader position to meet the minimum wage requirements and additionally update the Senior Recreation Leader hourly range to avoid compaction between the two positions.

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

Section 1. Effective January 1, 2023, the following part-time hourly ranges shall be adjusted to meet the State of California’s minimum wage and to allow an appropriate wage gap between Recreation Leader and Senior Recreation Leader position. The ranges shall be adjusted and included in the City’s Salary Schedule (Exhibit A).

Effective January 1, 2023:

Position Title Hourly Range
Minimum
Hourly Control
Point
Hourly Range
Maximum
Recreation Leader $15.50 $17.21 $20.66
Senior Recreation Leader $17.82 $19.79 $23.76
PASSED, APPROVED AND ADOPTED this 18th day of January 2023.

Richard Hurt
Mayor
302
APPROVED AS TO FORM: ATTEST:

Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
303

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
304
City of Aliso Viejo
Salary Schedule
Effective January 1, 2023
Annual Range
Full-Time Classifications Minimum
Accountant $70,327
AccountanUPayroll $66,978
Accounting Technician $50,322
Accounting Supervisor $96,698
Administrative Secretary $54,227
Assistant Planner $66,097
Associate Engineer $90,398
Associate Planner $77,555
City Clerk $118,338
City Manager (Contract)
Director of Administrative Services $154,566
Director of Community Development $154,566
Director of Financial Services/City Treasurer $154,566
Director of Government Services $154,566
Director of Public Works $154,566
Director of Recreation and Community Services $154,566
Executive Assistant $66,882
Facilities Supervisor $79,339
Financial Analyst $70,327
Financial Services Manager $112,514
Human Resources Analyst $79,339
IT Analyst $70,327
IT Manager $115,488
Junior Accountant $60,889
Management Analyst $72,577
Office Assistant $41,364
Office Specialist $45,500
Permit Technician $60,217
Planning Technician $55,720
Recreation Coordinator $64,194
Recreation and Community Services Manager $107,137
Recreation and Community Services Supervisor $73,823
Recreation Specialist $45,026
Secretary to the City Manager $66,882
Senior Accountant $80,876
Senior Planner $90,245
Senior Planner I $90,245
Streets Supervisor $79,339
Systems Administrator $84,321
Annual Control Annual Range
Point Maximum
$80,586 $96,702
$76,748 $92,098
$57,662 $69,195
$110,803 $132,959
$67,306 $80,767
$75,738 $90,886
$103,585 $124,302
$88,867 $106,641
$135,596 $162,715
$313,585
$181,635 $217,963
$181,635 $217,963
$181,635 $217,963
$181,635 $217,963
$181,635 $217,963
$181,635 $217,963
$76,638 $91,965
$90,910 $109,092
$80,586 $96,702
$128,926 $154,711
$90,910 $109,092
$80,586 $96,702
$136,661 $163,993
$69,772 $83,726
$83,165 $99,797
$47,397 $56,877
$55,643 $66,771
$69,190 $83,028
$63,847 $76,616
$73,558 $88,270
$122,765 $147,317
$84,592 $101,510
$51,594 $61,913
$81,438 $97,725
$92,674 $111,208
$103,409 $124,091
$113,397 $136,076
$90,910 $109,092
$98,687 $118,423

Page 1 of 2 ends

Exhibit A
305
Elected Officials
Council Members (Municipal Code)
Mayor (Municipal Code)
Part-Time Classifications
Crime Prevention Specialist
Human Resources Manager
Office Assistant
Planning Aide
Recreation Leader
Senior Recreation Leader
City of Aliso Viejo
Salary Schedule
Effective January 1, 2023
Hourly Range
Minimum
$30.01
$51.78
$19.89
$15.74
$15.50
$17.82
Monthly
Compensation
$520
$520
Hourly Control Hourly Range
Point Maximum
$34.39 $41.27
$61.49 $71.20
$22.79 $27.34
$18.04 $21.65
$17.21 $20.66
$19.79 $23.76

Page 2 of 2 ends

City of Aliso Viejo

AGENDA ITEM
DATE: January 18, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: FIVE-YEAR ECONOMIC DEVELOPMENT SUBSIDY REPORT
Recommended Actions:

1. Conduct a public hearing; and

2. Approve the economic subsidy report.

Fiscal Impact:

There is no fiscal impact to approve the required economic subsidy report.

Background:

EFUEL, LLC, started operations in the City in 2016 and is a wholesale distributer of gasoline, diesel, and other refined petroleum products. On August 17, 2016, the City Council approved an Operating Covenant Agreement with EFUEL to ensure that EFUEL maintains their headquarters and sales office in the City. EFUEL is among the top 25 sales tax revenue generating companies in the City.

The agreement provides for an economic incentive for EFUEL to remain and expand their business operations within the City for 15 years, which in turn provides significant sales tax revenue to the City. Per the agreement, EFUEL receives an amount equal to 50% of any sales tax revenues generated by EFUEL and received by the City up to $800,000.

After the initial $800,000 of sales tax revenue collected by the City, EFUEL receives an amount equal to 70% of the sales tax revenue. The term of the agreement is 15 years and expires on June 30, 2031. The agreement may be extended for an additional 15 years, for a total term of 30 years. It was estimated at that time that the City would receive approximately $6 million in net revenue over the term of the agreement.

Discussion:

Government Code 53083 requires that the local agency provide a report after five years of the agreement. The report requires the City to reiterate the details of the operating 307

Page 2 of 2 ends

covenant agreement and to provide an update on the net tax revenue to the local agency and the net number of jobs created by the economic subsidy.

Since inception of the agreement, EFUEL has generated $4,279,415 in sales tax to the City. Subsidy payments to EFUEL totals $2,175,822 million, with net revenue to the City of $2,103,593. The table below provides sales tax revenue attributed to EFUEL, the amount of the sales tax subsidy, or payments made to EFUEL, and the City’s net revenue for each fiscal year since approval of the agreement. The detailed five-year economic subsidy report is attached.

Public Notice:

A 14-day public notice was provided once a week for two weeks per Government Code § 6066.

Attachments:

1. Five-Year Economic Development Subsidy Report

2. Operating Covenant Agreement with EFUEL, LLC.

Fiscal Year Sales Tax Revenue Sales Tax Subsidy City's Net Revenue 2016-2017 $ 592,104.12 $ 296,052.06 $ 296,052.06
2017-2018 710,460.17 355,230.09 355,230.09
2018-2019 771,237.73 385,618.86 385,618.88
2019-2020 652,652.06 326,326.03 326,326.03
2020-2021 572,391.06 286,195.53 286,195.53
2021-2022 980,569.71 526,399.45 454,170.26
Total $ 4,279,414.85 $ 2,175,822.01 $ 2,103,592.84
308
1 FIVE-YEAR ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT
BY AND BETWEEN CITY OF ALISO VIEJO AND EFUEL, LLC.

The following Five-Year Report has been prepared pursuant to California Government Code Section 53083. As required, this report reiterates details of the Operating Covenant Agreement, and provides information on subsidy payments to date.

1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy.

The Agreement is with EFUEL, LLC., a California Limited Liability Company (“EFUEL”). EFUEL is the sole beneficiary of the economic development subsidy.

EFUEL, LLC.
12 Journey, Suite 200
Aliso Viejo, CA 92656

2. The start and end dates and schedule, if applicable, for the economic development subsidy.

The start date of the economic subsidy was on July 1, 2016 and ends after 15 years on June 30, 2031. The agreement may be extended for an additional 15 years (30 years total).

Covenant payments are made within 30 days following receipt of the sales tax from the State Board of Equalization attributable to sales from EFUEL and continue on a computation quarter by computation quarter basis for the term of the agreement.

3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.

EFUEL shall receive an amount equal to 50% of the sales tax revenue received by the City and attributable to EFUEL up to $800,000. EFUEL shall receive 70% of the sales tax revenue received by the City and attributable to EFUEL over $800,000. As of December 31, 2022, the full amount paid by the City to EFUEL as part of the economic subsidy is $2,175,822.01.

309
2 4. A statement of the public purposes for the economic development subsidy.

EFUEL, LLC. currently operates an on-site mobile fueling business for diesel fueled vehicles and generators within the City of Aliso Viejo. EFUEL has decided to stay within Aliso Viejo and expand their facilities. Without an agreement to remain, EFUEL could consider relocating its business away from the City. The economic development subsidy will ensure that EFUEL remains within the City and expands its operations within the City for a period of not less than 15 years.

The City has determined that the retention and expansion of EFUEL’s business, as described in the preceding paragraph, will generate substantial revenue for the City, allow for the retention and creation of new jobs, revitalize an area of the City which has suffered a loss of jobs and businesses during the economic downturn of the mid-2000’s, and result in community and public improvements that might not otherwise be available to the community for many years.

Further, the retention and expansion of EFUEL’s business serves the additional public purpose of fostering a business and civic environment that may attract additional businesses and investment in the community due to the availability of the increased public and private services and economic activity resulting therefrom, thereby assisting the City in its goal of furthering the development of the community. This Agreement furthers the policies of the City to be business friendly and support economic growth including, supporting, retaining, promoting and expanding local business and promoting a business friendly environment, including numerous Land Use Element Goals of the General Plan and furtherance of the City’s Economic Development Plan.

5. The projected tax revenue to the local agency as a result of the economic development subsidy.

The City anticipates that the retention and expansion of EFUEL’s business within the City will result in an approximate retention and increase of annual sales tax revenue in the amount of $12,000,000, minus the covenant payments to be paid to EFUEL, of approximately $6,000,000 over the term of the agreement. The City estimates that the total amount of the expenditure or loss of revenue of public funds as a result of the economic development subsidy to be up to $6,000,000.

6. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

Annual sales tax revenue received by the City and attributable to EFUEL, beginning in FY 2016-17 through FY 2021-22, totals $4,279,414.85. The City has made subsidy payments to EFUEL totaling $2,175,822.01. The City’s has retained $2,103,592.84, as a result of the economic development subsidy. 310
3 7. The estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.

The retention and expansion of EFUEL’s business within the City is anticipated to result in the retention of three jobs currently at the facility and the creation of new job opportunities as it expands its business, as follows:
 3-10 full-time jobs
 0-3 part-time jobs
 0 temporary positions

8. The number of jobs created by the economic development subsidy, broken down full-time, part-time, and temporary positions.
 3-10 full-time jobs
 0-3 part-time jobs
 0 temporary positions
Fiscal Year Sales Tax Revenue Sales Tax Subsidy City's Net Revenue 2016-2017 $ 592,104.12 $ 296,052.06 $ 296,052.06
2017-2018 710,460.17 355,230.09 355,230.09
2018-2019 771,237.73 385,618.86 385,618.88
2019-2020 652,652.06 326,326.03 326,326.03
2020-2021 572,391.06 286,195.53 286,195.53
2021-2022 980,569.71 526,399.45 454,170.26
Total $ 4,279,414.85 $ 2,175,822.01 $ 2,103,592.84
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EFUEL, LLC

OPERATING COVENANT AGREEMENT
between

THE CITY OF ALISO VIEJO
a California municipal corporation,
and
EFUEL
a California limited liability company
Dated as of July 1, 2016, for reference purposes only]
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RECITALS
WHEREAS, EFUEL, LLC, started operations in 2016 and is an independent wholesale distributer of gasoline, diesel, and other refined petroleum products in California. EFUEL' s primary service includes on- site mobile fueling for diesel fueled vehicles and generators; and WHEREAS, EFUEL ( hereinafter, " Owner" in accordance with Section 1. 3. 10 hereof) has located EFUEL Headquarters ( as defined below) within the City of Aliso Viejo ( hereinafter, the " City" in accordance with Section 1. 3. 1 hereof); and WHEREAS, Owner currently operates the company in Aliso Viejo as it serves the Owner' s business purposes in that the advantageous location of the City and its business conducive environment will permit Owner to operate P more efficientlyand effectively, will better serve its customers, and may provide an avenue for business expansion in Southern California.

WHEREAS, the incentives provided in this Covenant Agreement are intended to assist Owner with maintaining the Headquarters within the City, expanding its operations within the City, as appropriate, and remain in the City for not less thanl5 years; and WHEREAS, entering into this Covenant Agreement is intended to generate substantial revenue for the City through additional Local Sales Tax Revenue which may be used by the City for the funding of necessary public services and facilities, including but not limited to, public safety services and facilities, public improvements and recreational opportunities that otherwise may not be available to the community for many years; and WHEREAS, entering into this Covenant Agreement will also ensure the immediate creation of high paying/ management jobs and provide opportunity for additional job growth throughout the term of this Agreement. It will also help the City achieve the building blocks set forth in the General Plan including taking actions that help to achieve a desirable balance of jobs and housing; improving the city tax base, maintaining an attractive urban form, and providing adequate urban services and infrastructure; and
WHEREAS, this Covenant Agreement assists the City in meeting General Plan Land Use Element Goals including:

LU- 1. 1: Work to achieve a balance or surplus between the generation of public revenues and the cost of providing public facilities and services; LU — 1. 2: Attract a broad range of additional retail, medical, and office uses providing employment at all income levels and making a positive contribution to the City' s tax base.

LU — 1. 3 Attract and retain clean light industrial development ( such as research and development and high technology) to improve the City' s tax base and preserve high paying jobs.

LU— 3. 1 Promote development of revenue generating land uses to help defray the costs of other uses demanding City services.

LU — 3. 2 Actively promote Aliso Viejo as an employment center and ideal location for 1 313
businesses, including national or regional headquarters, by providing and maintaining high quality services and facilities responsive to the needs of the business community.

WHEREAS, entering into this Covenant Agreement will further the goals adopted by the City in the 2010 Economic Development Plan including: supporting, retaining, promoting and expanding local business and promoting a business friendly environment; and WHEREAS, entering into this Covenant Agreement and ensuring the operation of the Headquarters may attract additional businesses and investment in the community due to increased services and economic activity in the area.

NOW, THEREFORE, in consideration of the mutual promises contained herein, and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the City and Owner agree as follows:

ARTICLE 1. EFFECTIVE DATE; PARTIES; DEFINITIONS

1. 1 Effective Date of Covenant Agreement. This Operating Covenant Agreement Covenant Agreement") is dated July 1, 2016, for reference purposes only. This Covenant Agreement will not become effective until the date (" Effective Date") on which all of the following are true:

1. 1. 1 This Covenant Agreement has been approved and executed by the appropriate authorities of Owner, as defined herein, and delivered to the City;

1. 1. 2 Following all legally required notices and hearings, this Covenant Agreement has been approved by the City Council;

1. 1. 3 This Covenant Agreement has been executed by the appropriate authorities of the City and delivered to Owner; and
If all of the foregoing conditions precedent have not been satisfied by December 30, 2016, then this Covenant Agreement may not thereafter become effective and any prior signatures and approvals of the Parties will be deemed void and of no force or effect.

1. 2 Parties to Covenant Agreement.

1. 2.1 The City. The address of the City is 12 Journey, Suite 100, Aliso Viejo, California 92656, Attention: City Manager; telephone 949- 425- 2500; with copies to Scott Smith, City Attorney, 18101 Von Karman Avenue, Suite 1000, Irvine, CA 92164, Telephone: ( 949) 263- 2600.

The City represents and warrants to Owner that, to the City' s actual current knowledge:
a) The City is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the laws of the State of California;
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b) The City has taken all actions required by law to approve the execution of this Covenant Agreement;
c) The City' s entry into this Covenant Agreement and/ or the performance of the City' s obligations under this Covenant Agreement does not violate any contract, agreement or other legal obligation of the City; d) The City' s entry into this Covenant Agreement and/ or the performance of the City' s obligations under this Covenant Agreement does not constitute a violation of any state or federal statute orjudicial decision to which the City is subject; e) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the City' s obligations under this Covenant Agreement;
f) The City has the legal right, power and authority to enter into this Covenant Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Covenant Agreement has been duly authorized and no other action by the City is requisite to the valid and binding execution, delivery and performance of this Covenant Agreement, except as otherwise expressly set forth herein; and
g) The individual executing this Covenant Agreement is authorized to execute this Covenant Agreement on behalf of the City.

The representations and warranties set forth above are material consideration to Owner and the City acknowledges that Owner is relying upon the representations set forth above in undertaking Owner' s obligations set forth in this Covenant Agreement.

As used in this Covenant Agreement, the term " City' s actual current knowledge" shall mean, and shall be limited to, the actual current knowledge of the City Manager as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation.

All of the terms, covenants and conditions of this Covenant Agreement shall be binding on and shall inure to the benefit of the City and its nominees, successors and assigns.

Wherever the term " City" is used herein, such term shall include any permitted nominee, assignee or successor of the City.

1. 2.2 Owner. The address of Owner for purposes of this Covenant Agreement is EFUEL, LLC; 65 Enterprise, 3rd Floor, Aliso Viejo, CA 92656; Attention: Don Harper; telephone ( 949) 330- 7415.

Owner represents and warrants to the City that, to its actual current knowledge:
a) Owner is a duly formed California limited liability Company, qualified and in good standing to do business under the laws of the State of California; 3 315
b) The individual executing this Covenant Agreement is authorized to execute this Covenant Agreement on behalf of Owner;
c) Owner has taken all actions required by law to approve the execution of this Covenant Agreement;
d) Owner' s entry into this Covenant Agreement and/ or the performance of its obligations under this Covenant Agreement does not violate any contract, agreement or other legal obligation of Owner; e) Owner' s entry into this Covenant Agreement and/ or the performance of its obligations under this Covenant Agreement does not constitute a violation of any state or federal statute or judicial decision to which Owner is subject; f) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of Owner' s obligations under this Covenant Agreement;
g) Owner has the legal right, power and authority to enter into this Covenant Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Covenant Agreement have been duly authorized and no other action by Owner is requisite to the valid and binding execution, delivery and performance of this Covenant Agreement, except as otherwise expressly set forth herein; and
h) Owner and its managerial personnel possess sufficient experience and qualifications necessary to conduct Owner' s Sales Activities ( hereinafter defined) as required by this Covenant Agreement.
i) Owner also represents that this Agreement was entered into by the Parties after completion of all construction, this Agreement was not an enticement to perform any construction, and no funds from this Agreement were used to pay for any construction or improvements on the Property.

The representations and warranties set forth herein are material consideration to the City and Owner acknowledges that the City is relying upon the representations set forth above in undertaking the City' s obligations set forth above.

As used in this Covenant Agreement, the term " actual current knowledge of Owner" shall mean, and shall be limited to, the actual current knowledge of Don Harper, as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation.

All of the terms, covenants and conditions of this Covenant Agreement shall be binding on and shall inure to the benefit of Owner and its permitted nominees, successors and assigns. Wherever the term " Owner" is used herein, such term shall include any permitted nominee, assignee or successor of Owner.
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The qualifications and identity of Owner are of particular concern to the City, and it is because of such qualifications and identity that the City has entered into this Covenant Agreement with Owner. No voluntary or involuntary successor-in-interest of Owner shall acquire any rights or powers under this Covenant Agreement except as expressly set forth herein.

1.2.3 The City and Owner are sometimes individually referred to as " Party" and collectively as " Parties."

1. 2.4 Owner has investigated and believes in good faith that this Covenant Agreement is not subject to California Government Code Section 53084. 5 because the Agreement will not result in a reduction in the amount of revenue under the Bradley-Burns Uniform Local Sales and Use Tax Law that would be received by another local agency where Owner will be maintaining a physical presence within the territorial jurisdiction of another local agency that might experience a reduction. Owner represents that Owner has only reported taxable sales to the BOE reflecting Aliso Viejo as the point of sale for purposes of Sales Tax allocation.

1. 3 Definitions.

1. 3. 1 " City" means the City of Aliso Viejo, a California municipal corporation, and any nominee, assignee of, or successor to, its rights, powers and responsibilities.

1. 3.2 " Computation Quarter" means each calendar quarter beginning on January 1, April 1, July 1, or October 1, as applicable, and ending on the succeeding March 31, June 30, September 30, or December 31, as applicable. The first Computation Quarter within the Eligibility Period shall commence on July 1, 2016 and is referred to herein as " Computation Quarter 1," with each succeeding Computation Quarter within the Eligibility Period being consecutively numbered, concluding with Computation Quarter 60.

1. 3.3 " Covenant Payment( s)" means those contingent payments to be made by the City to the Owner pursuant to Section 3. 2 of this Covenant Agreement for the purchase of the Covenants and Owner' s timely and faithful performance thereunder.

1. 3. 4 " Covenant Term" means, a period of no less than 15 years following the Effective Date ( unless terminated sooner or extended pursuant to specific provisions of this Covenant Agreement). The Covenant Term may be unilaterally extended by Owner for an additional 15 years period provided that:
a) Owner is not in breach of the Covenants in this Covenant Agreement; and
b) Owner provides City with written notice of Owner' s intent to extend the term not less than ninety ( 90) days prior to the expiration of the original Covenant Term.

1. 3. 5 " Covenants" means those six ( 6) covenants described in Section 3. 1 herein.

1.3.6 " Eligibility Period" means the period commencing as of the first ( 1') day 5 317
of Computation Quarter 1 and ending the last day of Computation Quarter 60 ( i.e., June 30 2031) or the last day of Computation Quarter 120 ( i.e., June 30, 2046) if the Covenant Term is extended as provided in Section 1. 3. 4.

1. 3. 7 " Headquarters" means that certain corporate sales/ administrative office and related functions operated on the Property by Owner which shall serve as the point of sale for Owner' s Sales Activities from which Owner shall conduct or conclude all internet, telephonic, or direct Taxable Aliso Viejo Sales to California customers.

1. 3.8 " Liquidated Damages" means, for purposes of Section 3. 6, as follows:
a) If the breach occurs during Computation Quarters 1 through 8, an amount equal to the previous two ( 2) Computation Quarter Covenant Payments paid to Owner at any time prior to the Computation Quarter in which the breach occurs.

1. 3. 9 " Owner" means and refers to EFUEL, LLC, a California limited liability company, and its successors and assigns, cumulatively.

1. 3. 10 " Owner' s Sales Activities" means the commercially reasonable business practices and activities associated with retail and wholesale sale of fuel through Owner' s mobile on- site fueling system throughout California. " Owner' s Sales Activities" also include any of the above- described activities which are conducted by a parent, subsidiary or wholly or partially owned affiliate of Owner, provided that such parent, subsidiary or affiliate did not previously conduct such activities in the City.

1. 3. 11 " Penalty Assessments" means and refers to penalties, assessments, collection costs and other costs, fees or charges resulting from late or underpaid payments of Sales Tax and which are levied, assessed or otherwise collected from Owner.

1. 3. 12 " Petroleum Business" refers to the operation by Owner in the City of a sales office selling petroleum products and products ancillary to the sale of refined petroleum that generate Sales Tax revenue.

1. 3. 13 " Property" means that certain real property commonly known as 65 Enterprise, 3rd Floor, Aliso Viejo, CA 92656, or any other property within the City of Aliso Viejo to which Owner may elect to relocate the Headquarters during the term of this Covenant Agreement.

1. 3. 14 " Required Operations" shall collectively refer to the following on and with respect to Owner conducting its Petroleum Business in the City: ( i) Owner retaining and continuing to own or lease sufficient facilities in the City to allow the Petroleum Business to be conducted; ( ii) Owner' s operation of the Petroleum Business within the corporate boundaries of the City; and ( iii) Owner not transferring or otherwise relocating the retail sales operation or the point of sale as reported to the BOE for the Petroleum Business to another facility or location outside of the City.

1. 3. 15 " Sales Tax( es)" means that portion of taxes that is allocated, paid to, and actually received by City from the imposition of the Bradley- Burns Uniform Sales and Use Tax 6 318
law ( commencing with Section 7200 of the California Revenue and Taxation Code), or any successor law thereto, arising from all taxable sales transactions, occurring from Required Operations conducted by Owner within the City during the Eligibility Period. " Sales Tax" shall not include sales tax revenues that are provided to a city based upon a special election and are limited to be used for a specified governmental function or functions.

1. 3. 16 " Sales Tax Law" means and refers to: ( a) California Revenue and Taxation Code Section 7200 et seq., and any successor law thereto; ( b) any legislation allowing City or other public agency with jurisdiction in City to levy any form of local Sales Tax on the operations of Owner; and ( c) regulations of the California State Board of Equalization (" BOE") and other binding rulings and interpretations relating to ( a) and ( b) of this Section 1. 3. 16.

1. 3. 17 " Sales Tax Revenues" means the net Sales Tax actually received by the City from the BOE pursuant to the application of the Sales Tax Law ( as such statutes may hereafter be amended, substituted, replaced, re- numbered, moved or modified by any successor law) attributable to the Headquarters in a particular Computation Quarter. Sales Tax Revenues shall not include: ( i) Penalty Assessments; ( ii) any Sales Tax levied by, collected for or allocated to the State of California, the County of Orange, or a district or any entity ( including an allocation to a statewide or countywide pool) other than City; ( iii) any administrative fee charged by the BOE; ( iv) any Sales Tax subject to any sharing, rebate, offset or other charge imposed pursuant to any applicable provision of federal, state or local ( except City' s) law, rule or regulation; ( v) any Sales Tax attributable to any transaction not consummated within the Eligibility Period; or (vi) any Sales Tax ( or other funds measured by Sales Tax) required by the State of California to be paid over to another public entity ( including the State) or set aside and/ or pledged to a specific use other than for deposit into or payment from the City' s general fund.

1. 3. 18 " Taxable Aliso Viejo Sales" means, to the extent legally allowable, Owner' s taxable sales transactions to California customers, including, but not limited to, sales through an internet website or phone sales, that result from Owner' s Sales Activities to addresses located in California.

1. 3.19 " Termination Date" shall mean June 30, 2031, subject to extension or earlier termination of the Eligibility Period as set forth in this Agreement.

ARTICLE 2. ADDITIONAL RECITALS

2. 1 The previously stated Recitals are incorporated herein and made a part hereof as though fully set forth.

2. 2 The City has determined that the long-term operation of the Headquarters will result in substantial benefits to the City, and its citizens including, without limitation, the creation of new employment opportunities, property tax revenues, sales tax revenues and other ancillary benefits. Accordingly, the City has also determined that its entry into this Covenant Agreement and its purchase of the Covenants serve a significant public purpose, while providing only incidental benefits to a private party.
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ARTICLE 3. COVENANTS RUNNING WITH THE LAND; COVENANT PAYMENTS; REMEDIES FOR BREACH.

3. 1 Covenants Running with the Land.

3. 1. 1 Operating and Use Covenant. Owner covenants and agrees that for the Covenant Term Owner shall operate, or cause to be operated upon the Property, the Headquarters in a commercially reasonable business manner, consistent with all applicable provisions of federal, state and local laws and regulations. Owner covenants and agrees that for the Covenant Term, Owner shall operate the Headquarters in the City as Owner' s only sales office in California for the Petroleum Business and all product shall be sold from the Headquarters and shipped FOB Destination.

3. 1. 2 Covenant to Designate City as Point of Sale. Owner covenants and agrees that, for the Covenant Term, Owner shall maintain such licenses and permits as may be required by any governmental agency to conduct Owner' s Sales Activities related to the Headquarters and the Petroleum Business in California. Except as otherwise provided by applicable Law, Owner shall use commercially reasonable efforts to designate City as a" point of sale" and consummate at the Headquarters all Taxable Aliso Viejo Sales. and the Owner shall identify the City as such in its reports to the BOE in accordance with the Bradley-Burns Uniform Local Sales and Use Tax Law (Revenue and Taxation Code 7200, et seq.), as it may be amended or substituted. Owner shall use commercially reasonable efforts to facilitate product sales to California residents from the Headquarters. The Owner shall consummate all Taxable Aliso Viejo Sales transactions for Owner' s Sales Activities at the Headquarters, consistent with all applicable statutory and BOE regulatory requirements applicable to Owner' s Sales Activities and the designation of the City as the " point of sale" for all such Taxable Aliso Viejo Sales.

3. 1. 3 Owner' s Additional Obligations Regarding Repairs and Alterations to Headquarters. Owner covenants and agrees that, for the Covenant Term, the Owner shall maintain, or cause to be maintained, the Headquarters in good condition, ordinary wear and tear excepted, and free from the accumulation of trash or other debris and agrees to promptly remove, or cause the removal of, all graffiti upon the Headquarters. It is anticipated that Owner will be leasing the Property for the operation of the Headquarters, however, if Owner, during the Covenant Term, relocates to another property or acquires the Property from which the Headquarters will be located, Owner shall also maintain or cause to be maintained the landscaping upon the Property in first class condition.

3. 1. 4 Covenant Against Solicitation and Acceptance of Economic Incentives During the Term of the Operating Use Covenant. Owner covenants and agrees that, for the Covenant Term, Owner will not directly or indirectly solicit or accept any " Financial Assistance" from any other public or private person or entity, if such Financial Assistance is given for the express or implied purpose of causing or would result in Owner' s breach of any of the Covenants. For purposes of this Section 3. 1. 4 the term " Financial Assistance" means any direct or indirect payment, subsidy, rebate, or other similar or dissimilar monetary or non-monetary benefit, including, without implied limitation, payment of land subsidies, relocation expenses, public financings, property or sales tax relief, rebates, exemptions or credits, relief from public improvement obligations, and payment for public improvements to or for the benefit of Owner. 8 320

3. 1. 5 Use of Property. Owner covenants and agrees that the Property shall be put to no use other than those uses specified in the City' s General Plan, the Specific Plan, zoning ordinances, and this Covenant Agreement as the same may be amended from time to time.

Nothing in this Section 3. 1. 5 shall limit, expand, modify or otherwise affect any right of the Owner to continue any legal nonconforming use upon the Property following changes in the City' s General Plan or zoning ordinances.

3. 1. 6 Jobs Creation and Operational Agreement. Owner agrees that as of the Effective Date of this Agreement the establishment of the Headquarters shall result in the creation of not less than three jobs in the City and Owner shall use its commercially reasonably efforts to expand the workforce at the Property each year of the Covenant Term. Owner also covenants and agrees that, to the extent Owner holds sales team meetings for sales employees in California, those sales team meetings shall be held in the City. Owner covenants and agrees that local sales staff shall be assigned to work from the Headquarters.

3.2 Covenant Payments.

3.2. 1 Statement of Intent. The City' s obligations under this Section 3. 2 are contingent on a Computation Quarter-to-Quarter basis and, for each Computation Quarter, City' s obligations to make any payments hereunder are expressly contingent upon the Owner having, for the entirety of such Computation Quarter, completely fulfilled its material obligations under this Covenant Agreement, including, without limitation, the Covenants. Should such condition precedent not be satisfied for each Computation Quarter, then City shall have no obligation under this Section 3. 2 to make any Covenant Payments to Owner in such Computation Quarter.

3. 2.2 Covenant Payments. The consideration to be paid to the Owner in exchange for the Covenants and Owner' s performance of its obligations set forth in this Covenant Agreement, and subject to satisfaction of all conditions precedent thereto, shall consist of City' s payment to the Owner for each Computation Quarter during the Eligibility Period that the City receives Sales Tax Revenue, an amount equal to the sum of fifty percent ( 50%) of the Sales Tax Revenues attributable to annual taxable sales for the fiscal year which includes such Computation Quarter up to eight hundred thousand dollars ($ 800,000) as determined on a cumulative basis for such fiscal year, and seventy percent ( 70%) of the Sales Tax Revenues attributable to annual taxable sales for the fiscal year which includes such Computation Quarter over eight hundred thousand dollars ($ 800, 000), as determined on a cumulative basis for such fiscal year ending June 30.

3.2.3 Computation Quarter Covenant Payments. Within thirty ( 30) days from the date Owner is required by California law to file its quarterly reports to BOE, Owner shall submit to City a copy of the quarterly report sent to the BOE which sets forth the amount of sales taxes paid to the BOE during the Computation Quarter arising from Owner' s Sales Activities conducted at the Headquarters. The Covenant Payment shall be calculated using the actual net amount of Sales Tax directly received by the City from the BOE during that Quarter. Within thirty days ( 30) days following receipt of the Sales Tax attributable to sales from the Petroleum Business, the City shall pay to Owner any Computation Quarter Covenant Payment due for such Computation Quarter.
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3.2.4 Adjustments to Covenant Payment Amounts. If after City makes a Covenant Payment to Owner hereunder City or Owner determines that the Covenant Payment has been overpaid or underpaid and that an adjustment to a prior payment amount is warranted, City or Owner, as the case may be, shall have the right to provide a written notice to the other Party itemizing the information supporting the adjustment and either ( a) requiring the City or Owner to pay the amount of the underpayment or overpayment, as applicable, within thirty ( 30) days from the date such notice is delivered or ( b) deduct the amount of the overpayment from the next Covenant Payment otherwise owing to Owner. The Parties shall cooperate with one another and share such information as may be reasonably required to ensure that any required adjustments ( either an additional payment to Owner or a refund or credit to City) can be promptly made. If the Party receiving the notice disagrees with the request for adjustment, the Parties shall meet in good faith to resolve any dispute.

3.2.5 BOE Determination of Improperly Allocated Local Sales Tax Revenues. If, at any time during or after the Eligibility Period of this Covenant Agreement, the BOE determines that all or any portion of the Sales Tax Revenues received by the City were improperly allocated and/ or paid to the City, and if the BOE requires repayment of, offsets against future sales tax payments, or otherwise recaptures from the City those improperly allocated and/ or paid Sales Tax Revenues, then Owner shall, within thirty ( 30) calendar days after written demand from the City, repay all Covenant Payments ( or applicable portions thereof) theretofore paid to Owner which are attributable to such repaid, offset or recaptured Sales Tax Revenues. If Owner fails to make such repayment within thirty ( 30) calendar days after the City' s written demand, then the City may deduct any amount required to be repaid by Owner under this Section 3. 2.6 from any future Covenant Payments otherwise payable to Owner under this Covenant Agreement. This Section 3. 2. 6 shall survive the expiration or termination of this Covenant Agreement. The City will, within five ( 5) business days, contact Owner regarding any communication from the BOE pertaining to tax allocations associated with Owner' s business.

The City and Owner agree that, should the BOE question the correctness of the allocation or otherwise determine that there has been an improper allocation to the City, the City and Owner may engage their own legal counsel to use his or her best efforts to defend such allocation in all BOE administrative proceedings. For purposes of this paragraph, administrative proceedings include all BOE meetings, conferences and appeals before BOE. Owner shall reasonably cooperate with the City and its attorney. Additionally, Owner shall have the right, but not the obligation, to participate in any such administrative proceedings and may engage its own legal counsel or consultant, at its own cost.

3. 2.6 Not a Pledge of Sales Tax. Owner acknowledges that the City is not making a pledge of Sales Tax Revenues, or any other particular source of funds; the definition of Sales Tax Revenues, as used herein, is used merely as a measure of the amount payment due hereunder and as means of computing the City' s payment in consideration for the Covenants. It is acknowledged by Owner that the City' s obligation to make payments is specifically contingent upon receipt by the City of the Sales Tax Revenues derived from operation of the Headquarters.

3.2.7 Disclosure of Payments. Owner agrees that the Covenant Payments and the amounts thereof do not constitute a violation of Revenue and Taxation Code Section 7056 or any other provision of law pertaining to the disclosure of sales tax information, shall be a matter of public record, may be disclosed to any person, and may be included on the City' s warrant 10 322
register. Owner waives any law that is contrary to any of the agreements in this section.

3. 3 Default.

3. 3. 1 Owner Default. City shall provide Owner with written notice of Owner' s failure (" Owner Default") to perform any material provision of this Covenant Agreement, including, without limitation, the Covenants. Owner shall have thirty ( 30) days from the date of such notice to either cure such Owner Default, or, if such Owner Default cannot be reasonably cured during such thirty ( 30) day period, to commence to cure within said thirty ( 30) day period and diligently prosecute such cure to completion thereafter.

3. 3.2 City Default. Owner shall provide City with written notice of City' s failure (" City Default") to perform any material provision of this Covenant Agreement. City shall have thirty ( 30) days from the date of such notice to either cure such City Default, or, if such City Default cannot be reasonably cured during such thirty ( 30) day period, to commence to cure within said thirty ( 30) day period and diligently prosecute such cure to completion thereafter.

3.4 General Remedies for Default. Except as provided in Section 3. 6, upon either a City or an Owner Default ( as defined in Section 3. 3), Owner or City ( as applicable) shall have the right to seek all available legal and equitable remedies, unless otherwise expressly provided to the contrary herein. Unless prohibited by law or otherwise provided by a specific term of this Covenant Agreement, the rights and remedies of the City and the Owner under this Covenant Agreement are nonexclusive and all remedies hereunder may be exercised individually or cumulatively, and each Party may simultaneously pursue inconsistent and/ or alternative remedies. Either Party may, upon the Default of the other Party and in addition to pursuing all remedies otherwise available to it, terminate this Covenant Agreement and all of its obligations hereunder without cost, expense or liability to itself.

3.5 The City' s Right to Terminate its Obligations under Section 3.2. The City' s obligations under Section 3. 2 shall automatically terminate without cost, expense, or liability to City, upon the occurrence of any one or more of the following: (i) Owner Default; or ( ii) the end of the Eligibility Period.

3.6 Liquidated Damages.

3. 6. 1 Owner Default With Respect to Obligations Under Sections 3. 1. 1 and

3. 1.2. The Parties acknowledge that the consideration to the City for its entry into this Covenant Agreement and the performance of its obligations hereunder include the City' s receipt of Sales Tax Revenues, employment and other payroll taxes, property taxes, and other direct and indirect financial and non- financial benefits arising from the operation of the Owner' s Sales Activities and the location of the Headquarters in the City in accordance with Article 3 of this Covenant Agreement. Owner agrees that the City will suffer damages if Owner commits any Owner Default with respect to any of its obligations arising under Sections 3. 1. 1 and 3. 1. 2. The Parties agree that the exact determination of such damages would be impracticable and extremely difficult to quantify. Accordingly, the Parties have determined that Liquidated Damages ( as determined pursuant to Section 1. 3. 8) represents a reasonable estimate of the damages which 11 323
would be suffered by the City if Owner commits any Owner Default with respect to any of its obligations set forth in Sections 3. 1. 1 and 3. 1. 2. Accordingly, as its sole and exclusive monetary remedy for an Owner Default with respect to any of its covenants and obligations set forth in Sections 3. 1. 1 and 3. 1. 2, the City shall be entitled to ( 1) terminate this Covenant Agreement and the entirety of its obligations hereunder, including any accrued and unpaid Covenant Payments, and ( 2) receive from Owner the applicable amount of Liquidated Damages as provided by Section 1. 3. 8.

3. 6.2 ACKNOWLEDGEMENT OF REASONABLENESS OF
LIQUIDATED DAMAGES. UPON AN OWNER DEFAULT WITH RESPECT TO ANY OF ITS OBLIGATIONS SET FORTH IN SECTIONS 3. 1. 1 AND 3. 1. 2, FOLLOWING NOTICE AND OPPORTUNITY TO CURE PURSUANT TO SECTION 3. 3. 1, THE CITY AND

OWNER ACKNOWLEDGE AND AGREE THAT IT WOULD BE EXTREMELY DIFFICULT

AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY THE CITY WITH RESPECT TO SUCH DEFAULT. HAVING MADE

DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL

DAMAGES THE CITY WOULD SUFFER, THE PARTIES AGREE THAT THE

LIQUIDATED DAMAGES AMOUNT AS DETERMINED IN ACCORDANCE WITH SECTION 1. 3. 8 REPRESENTS A REASONABLE ESTIMATION OF THOSE DAMAGES.

THEREFORE, UPON AN OWNER DEFAULT WITH RESPECT TO ANY OF ITS OBLIGATIONS SET FORTH IN SECTIONS 3. 1. 1 AND 3. 1. 2, AS ITS SOLE AND EXCLUSIVE REMEDY FOR SUCH DEFAULT, THE CITY SHALL BE ENTITLED TO ( 1)

RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT CALCULATED IN
ACCORDANCE WITH SUBSECTION 1. 3. 8, WHICH OWNER SHALL PAY WITHIN TEN 10) DAYS FOLLOWING WRITTEN DEMAND FROM THE CITY, AND ( 2) TERMINATE

THIS AGREEMENT AND THE ENTIRETY OF ITS OBLIGATIONS HEREUNDER, INCLUDING ANY ACCRUED BUT YET UNPAID COVENANT PAYMENTS.

Initials of Authorized Initials of Authorized
City Representative Owner Representative
ARTICLE 4. GENERAL TERMS

4. 1 Tax Consequences. Owner acknowledges that it may experience tax consequences as a result of its receipt of the payments provided for in this Covenant Agreement and agrees that it shall bear any and all responsibility, liability, costs, and expenses connected in any way therewith.

4.2 Rights Not Granted Under Covenant Agreement. This Covenant Agreement is not, and shall not be construed to be, a Development Agreement under Government Code Section 65864 et seq. This Covenant Agreement is not, and shall not be construed to be, an approval or an agreement to issue permits or a granting of any right or entitlement by the City concerning the Headquarters, Owner' s Sales Activities or any other project, development, or construction by the Owner in the City. This Covenant Agreement does not, and shall not be construed to, exempt Owner from the application and/ or exercise of the City' s power of eminent 12 324
domain or its police power, including, but not limited to, the regulation of land uses and the taking of any actions necessary to protect the health, safety, and welfare of its citizenry.

4.3 Consent. Whenever consent or approval of any party is required under this Covenant Agreement, that party shall not unreasonably withhold, delay or condition such consent or approval unless otherwise allowed by a specific provision of this Covenant Agreement.

4.4 Notices and Demands. All notices or other communications required or permitted between the City and Owner under this Covenant Agreement shall be in writing, and may be ( i) personally delivered, ( ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, ( iii) sent by telecopier, or ( iv) sent by nationally recognized overnight courier service ( e. g., Federal Express), addressed to the Parties at the addresses provided in Article 1, subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the second business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by telecopier or courier service ( e. g., Federal Express), shall be deemed given upon receipt of the same by the party to whom the notice is given.

4. 5 Nonliability of the City or City Officials and Employees. No board member, official, contractor, consultant, attorney or employee of the City shall be personally liable to Owner, any voluntary or involuntary successors or assignees, or any lender or other party holding an interest in the Property, in the event of any default or breach by the City, or for any amount which may become due to the Owner or to its successors or assignees, or on any obligations arising under this Covenant Agreement.

4.6 Conflict of Interests. No board member, official, contractor, consultant, attorney or employee of the City or City shall have any personal interest, direct or indirect, in this Covenant Agreement nor shall any such board member, official or employee participate in any decision relating to this Covenant Agreement which affects his/ her personal interests or the interests of any corporation, partnership or association in which he/ she is directly or indirectly interested.

4.7 Pledge or Hypothecation of Covenant Payments. Owner may assign any Covenant Payment( s) due in accordance with the terms of this Covenant Agreement ( but not any other right or obligation of this Covenant Agreement) upon thirty ( 30) days' prior written notice to City as collateral for any loan or financing obtained by the Owner in connection with the Headquarters; provided that nothing in this Section 4. 7 shall be deemed to limit the operation of Section 4. 16. Without limiting the general applicability of the foregoing, Owner acknowledges that Owner' s lender and any transferee of Owner' s lender shall be subject to the transfer restrictions of Section 4. 15.

4.8 Entire Agreement; Good Faith Negotiations. This Covenant Agreement contains all of the terms and conditions agreed upon by the Parties and supersedes any previous agreements between the Parties concerning the subject matter of this Covenant Agreement. No other understanding, oral or otherwise, regarding the subject matter of this Covenant Agreement 13 325
shall be deemed to exist or to bind any of the parties hereto. All prior written or oral offers, counteroffers, memoranda of understanding, proposals and the like are superseded by this Covenant Agreement.

The Parties acknowledge that this Covenant Agreement is the product of mutual armslength negotiations and that each party has been, or has had the opportunity to have been, represented by legal counsel in the negotiation and drafting of this Covenant Agreement.

Accordingly, the rule ofjudicial construction which provides that ambiguities in a document are to be construed against the drafter of that document shall have no application to the interpretation or enforcement of this Covenant Agreement.

4. 9 Time Deadlines Critical; Extensions and Delays; No Excuse Due to Economic Changes. Time is of the essence in the performance of the City' s and Owner' s obligations under this Covenant Agreement. In addition to specific provisions of this Covenant Agreement providing for extensions of time, times for performance hereunder shall be extended where delays or defaults are due to war; insurrection; any form of labor dispute; lockouts; riots; floods; earthquakes; fires; acts of God or of third parties; third party litigation; acts of a public enemy; referenda; acts of governmental authorities ( except that the failure of the City to act as required hereunder shall not excuse its performance); moratoria; epidemics; quarantine restrictions; and freight embargoes ( collectively, " Enforced Delays") provided, however, that the Party claiming the extension notify the other Party of the nature of the matter causing the default; and, provided further, that the extension of time shall be only for the period of the Enforced Delays. However, deadlines for performance may not be extended as provided above due to any inability of the Owner to obtain or maintain acceptable financing for the operation of the Headquarters.

ANYTHING IN THIS COVENANT AGREEMENT TO THE CONTRARY

NOTWITHSTANDING, OWNER AND CITY, AND EACH OF THEM, EXPRESSLY

ASSUMES THE RISK OF UNFORESEEABLE CHANGES IN ECONOMIC

CIRCUMSTANCES AND/ OR MARKET DEMAND/ CONDITIONS AND WAIVES, TO

THE GREATEST LEGAL EXTENT, ANY DEFENSE, CLAIM, OR CAUSE OF ACTION

BASED IN WHOLE OR IN PART ON ECONOMIC NECESSITY,

IMPRACTICABILITY, FRUSTRATION OF PURPOSE, CHANGED ECONOMIC CIRCUMSTANCES OR SIMILAR THEORIES.

OWNER AND CITY, AND EACH OF THEM, EXPRESSLY AGREES THAT

ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER OF THE OWNER

SPECIFICALLY, OR OF THE CITY SPECIFICALLY, OR THE ECONOMY

GENERALLY, OR CHANGES IN THE MARKET CONDITIONS OR DEMANDS,

SHALL NOT OPERATE TO EXCUSE OR DELAY THE STRICT OBSERVANCE OF

EACH AND EVERY OF THE OBLIGATIONS, COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS COVENANT AGREEMENT. OWNER AND CITY, AND

EACH OF THEM, EXPRESSLY ASSUMES THE RISK OF SUCH ADVERSE

ECONOMIC OR MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF OWNER' S EXECUTION OF THIS COVENANT AGREEMENT.

OWNER' S INITIALS __1)41/ CITY' S INITIALS NM
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4.10 Attorneys' Fees. In the event of the bringing of an arbitration, action or suit by a Party hereto against another Party hereunder by reason of any breach of any of the covenants or agreements or any intentional inaccuracies in any of the representations and warranties on the part of the other Party arising out of this Covenant Agreement or any other dispute between the Parties concerning this Covenant Agreement or the Property, then, in that event, the prevailing party in such action or dispute, whether by final judgment or arbitration award, shall be entitled to have and recover of and from the other Party all costs, expenses and disbursements of suit or claim, including actual attorneys' fees and expert witness' fees. Any judgment, order or award entered in any final judgment or award shall contain a specific provision providing for the recovery of costs, expenses and disbursements of suit or claim, including actual attorneys' fees and expert witness' fees ( collectively, the " Costs") incurred in enforcing, perfecting and executing such judgment or award. For the purposes of this Section 4. 10, " Costs" shall include, without implied limitation, attorneys' and experts' fees, costs and expenses incurred in the following: ( i) post judgment motions and appeals, ( ii) contempt proceedings, ( iii) garnishment, levy and debtor and third party examination, ( iv) discovery; and ( v) bankruptcy litigation. This Section 4. 10 shall survive any termination of this Covenant Agreement.

4.11 Amendments to This Covenant Agreement. Any amendments to this Covenant Agreement must be in writing and signed by the appropriate authorities of both the City and Owner. The City Manager is authorized on behalf of the City to approve and execute minor amendments to this Covenant Agreement, including, but not limited to, the granting of extensions of time to Owner, not to exceed ninety ( 90) days in the aggregate.

4. 12 Jurisdiction and Venue. Any legal action or proceeding concerning this Covenant Agreement shall be filed and prosecuted in any federal or state court located in jurisdiction of the United States District Court, Central District of California. Both Parties hereto irrevocably consent to the personal jurisdiction of such a court. Owner acknowledges that the provisions of this Section 4. 12 are material consideration to the City for its entry into this Covenant Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum.

4. 13 Counterpart Originals; Integration. This Covenant Agreement may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. This Covenant Agreement and any exhibits represent P the entire understandingof the Parties and supersedes P all negotiations, gletters of intent, memoranda of understanding or previous agreements between the parties with respect to all or any part of the subject matter hereof.

4. 14 No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
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4.15 Successors and Assigns. The terms, covenants and conditions of this Covenant Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns. Except as provided in this Section 4. 15, Owner shall neither transfer nor convey Owner' s interest in the Property or the Headquarters without the express written consent of the City, which shall not be unreasonably withheld, conditioned or delayed. In determining whether to approve of such a sale, transfer, conveyance or assignment of the Owner' s interest in the Property or Headquarters, the City shall evaluate: ( i) the financial ability of the proposed transferee to own and operate the Headquarters, or portion so transferred, and to meet the Owner' s obligations under this Covenant Agreement; ( ii) the fitness and experience of the proposed transferee and its managerial personnel to own and operate the Headquarters or portion so transferred thereof; and ( iii) the ability of the proposed transferee to maintain a level of quality and service comparable to that maintained by the Owner for the Headquarters. Upon the permitted sale, transfer or conveyance by Owner of its interest therein, such owner shall thereupon be relieved of its obligations under this Covenant Agreement from and after the date of sale, transfer or conveyance except with respect to any defaults in the performance of its obligations hereunder or thereunder which occurred prior to such sale, transfer or conveyance, and the transferee shall thereafter be solely responsible for the performance of all of the duties and obligations of Owner under this Covenant Agreement. In the event that Owner or the Owner' s assets that generate Owner' s Sales Activities are acquired by another business entity, and as a result of such acquisition the City cannot legally serve as the point of sale for all or a portion of the Owner' s Sales Activities, such acquisition shall not be deemed a breach of this Covenant Agreement but either party may terminate this Covenant Agreement.

4.16 No Third Party Beneficiaries. The performance of the respective obligations of the City and Owner under this Covenant Agreement are not intended to benefit any Part other than the City or Owner, except as expressly provided otherwise herein. No person or entity not a signatory to this Covenant Agreement shall have any rights or causes of action against any party to this Covenant Agreement as a result of that party' s performance or non- performance under this Covenant Agreement, except as expressly provided otherwise herein.

4. 17 No Effect on Eminent Domain Authority. Nothing in this Covenant Agreement shall be deemed to limit, modify, or abridge or affect in any manner whatsoever the City' s eminent domain powers with respect to the Property, the Headquarters, or any other property owned by Headquarters; provided however, that nothing in this Covenant Agreement shall relieve the City or any other governmental entity from its obligation to compensate Owner for any loss arising from such exercise of eminent domain powers, including without limitation, compensation for the Owner' s loss of rights or benefits hereunder.

4. 18 Warranty Against Payment of Consideration for Covenant Agreement.

Owner warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Covenant Agreement. Third parties, for the purposes of this Section 4. 18, shall not include persons to whom fees are paid for professional services if rendered by attorneys, financial consultants, accountants, engineers, architects and the like when such fees are considered necessary by Owner.

4.19 Severability. The City and Owner declare that the provisions of this Covenant Agreement are severable. If it is determined by a court of competent jurisdiction that any term, 16 328
condition or provision hereof is void, voidable, or unenforceable for any reason whatsoever, then such term, condition or provision shall be severed from this Covenant Agreement and the remainder of the Covenant Agreement enforced in accordance with its terms.

4.20 Further Acts and Releases. The City and Owner each agree to take such additional acts and execute such other documents as may be reasonable and necessary in the performance of their obligations hereunder.

4.21 Estoppels. At the request of Owner or any holder of a mortgage or deed of trust secured by all or any portion of the Property, the City shall promptly execute and deliver to Owner or such holder a written statement of the City as to any of the following matters as to which Owner or such holder may inquire: (i) that no default or breach exists, or would exist with the passage of time, or giving of notice, or both, by Owner pursuant to this Covenant Agreement, if such be the case; ( ii) the total amount of Covenant Payments made by the City to Owner pursuant to this Covenant Agreement prior to the date of such written statement; ( iii) the amount of any Covenant Payments earned by or due and owing to Owner pursuant to this Covenant Agreement as of the date of such written statement; ( iv) the Covenant Payments for a particular Computation Quarter, if known; ( v) if the City has determined that Owner is in default or breach hereunder, the nature of such default and the action or actions required to be taken by Owner to cure such default or breach; and ( vi) any other matter affecting the rights or obligations of Owner hereunder as to which Owner or such holder may reasonably inquire. The form of any estoppel letter shall be prepared by Owner or such holder at its sole cost and expense and shall be reasonably acceptable in form and content to the City and Owner. The City may make any of the representations described above based on the actual current knowledge of the then- current City Manager.

4.22 Indemnity By Owner. Owner shall defend ( using counsel of City' s choosing), indemnify and hold harmless the City, its elected officials, officers, employees and agents from and against any and all third party claims, losses, proceedings, damages, causes of action, liability, cost and expense ( including reasonable attorney' s fees) arising from, in connection with or related to this Covenant Agreement or the functions or operations of the Headquarters ( other than to the extent arising as a result of the City' s negligence or willful misconduct). The City shall fully cooperate in the defense of any such actions and upon written request of Owner shall provide to Owner such documents and records in possession of the City that are relevant to such actions and not otherwise protected by law. Notwithstanding the foregoing, should any third party bring any such action or proceeding Owner shall have the right to terminate this Covenant Agreement, and as of such date of termination, all unaccrued liabilities of the parties under this Covenant Agreement shall cease except for Owner' s obligation of indemnity owed to the City as provided in this Section 4. 22. For purposes of clarification, should Owner exercise its termination right as provided in this Section 4. 22, the same shall not be considered a Default and the City shall have no claims against Owner for such termination.

4.23 State of California Legislation Impact on Covenant Payment. Owner acknowledges that the California legislature has in the past adopted certain legislation which diverted to the State of California a portion of the Sales Tax Revenues which were otherwise payable to the City. Owner acknowledges that it is possible that the legislature may enact similar 17 329
legislation in the future which would cause a corresponding reduction of and/ or delay in the payment of the Sales Tax Revenues and that such reduction will cause Owner a corresponding reduction and/ or delay in the payment of the Covenant Payments due to Owner during such time as such legislation is in effect. Furthermore, Owner acknowledges that it is possible that the legislation described above, or some variant thereof, may be enacted and effective during one or more subsequent times during the Eligibility Period and may materially and negatively impact the amount of Sales Tax Revenues and, accordingly, Covenant Payments. The City does not make any representation, warranty or commitment concerning the future actions of the California legislature with respect to the allocation of Sales Tax Revenues to the City. Owner agrees that it is undertaking its obligations under this Covenant Agreement after having considered, and is expressly assuming the risk of, the possibility of the enactment of such legislation.

In the event that such legislation, or other legislation prohibiting or restricting the City' s ability to make Covenant Payments to Owner, is enacted, either Party may terminate this Agreement without liability to the other.

Signatures on the following pages]
18 330

SIGNATURE PAGE TO THE

OPERATING COVENANT AGREEMENT

BY AND BETWEEN

THE CITY OF ALISO VIEJO
AND

EFUEL, LLC

CITY OF ALISO VIEJO
a California municipal corporation
DaviAD le
City Manager
ATTEST:

By:

Mitzi O rtiz, )' r
City Clerk
APPROVED AS TO FORM:

By: 11.1MX:_ \
Sc5 mi
City Attorney
19 331

SIGNATURE PAGE TO THE

OPERATING COVENANT AGREEMENT

BY AND BETWEEN

THE CITY OF ALISO VIEJO
AND

EFUEL, LLC
EFUEL
a limited liability company
By: lT
Don arper
Chief Executive Officer
20 332
City of Aliso Viejo

AGENDA ITEM
DATE: January 18, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
John Kanlund, Contract Planner
SUBJECT: REQUEST TO APPROVE A SITE DEVELOPMENT PERMIT TO REMODEL

THE TWO-STORY CLUBHOUSE BUILDING, UPGRADE THE OUTDOOR

COMMON AREA INCLUDING THE POOL AND ASSOCIATED
LANDSCAPE/HARDSCAPE, DEMOLISH THE GUARD TOWER AT 5000

CITY LIGHTS DRIVE, AND DETERMINE THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM CEQA (PA22-006 & SDP 2022-00002).

Recommended Actions:

1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA (California Environmental Quality Act) Guidelines Section 15301 (Existing Facilities); and

2. Adopt a Resolution approving a Site Development Permit (SDP) to remodel the twostory clubhouse building, pool, landscape, and hardscape including American with Disability Act (ADA) compliant upgrades and demolish the guard tower at 5000 City Lights Drive (PA22-006 & SDP-2022-00002).

Background:

On April 22,1999, the County of Orange Board of Supervisors approved a 793-unit apartment complex development known as the City Lights at Town Center Apartments (“City Lights”) at 5000 City Lights Drive.

On August 23, 2022, Gregory Kim (“Applicant”), development manager for City Lights, submitted an application to remodel the common amenities area including a two-story building and outdoor areas consisting of a pool and associated lounging areas with ADA upgrades. The application also includes the demolition of a guard tower at the entry/exit gate of the complex. After several rounds of reviews and submittal of additional information, the application was deemed complete.

This application was originally scheduled for the September 21, 2022 City Council meeting. However, based on the applicant’s request for additional time to revise their 333
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project, the City Council continued the item to a date uncertain. Subsequently, the applicant submitted a revised application, which has been rescheduled to tonight’s meeting.

Discussion:

Pursuant to AVMC (Aliso Viejo Municipal Code) Section 15.74.020 (Site Development Permits), a Site Development Permit (SDP) is required for projects involving building construction. While only the removal of the guard tower would require a SDP as it is considered a notable change in exterior appearance as viewed from the street, the site improvements and the clubhouse remodel are also subject to the SDP as it is being processed concurrently as a single project. To approve an SDP, the following findings shall be made:

1. Consistency with General Plan. The project is consistent with the general plan and any applicable specific plan.

The proposed project is consistent with the General Plan land use designation of Very High Density as there will be no changes to the existing use. The proposed improvements are limited to remodeling the existing pool and clubhouse area, and removal of a guard tower at a multi-family complex. Therefore, this finding can be made.

The proposed project is consistent with the Zoning designation of Residential Very High Density as the proposed improvements are limited to remodeling existing amenities and demolishing a gate tower of a multi-family complex with no changes to the existing use. Additionally, the proposed project complies with the applicable provisions and development standards of the City’s code including setbacks, height, lighting, design standards, and architectural and landscape requirements.

Therefore, this finding can be made.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

The proposed interior and exterior modifications of the clubhouse are categorically exempt from CEQA under the Class 1 exemption in the California State CEQA Guidelines Section 15301, as the project involves the minor alteration of an existing private structure involving no expansion of existing or former use.

Additionally, the proposed site improvements to the common amenities area are categorically exempt from CEQA under the Class 3 exemption in the California State CEQA Guidelines Section 15303, as it involves updating an existing outdoor area with small accessory structures. The proposed project area includes all 334
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necessary services and facilities, will not involve the use of significant amounts of hazardous substances, and will not exceed 2,500 square feet in floor area.

Therefore, this finding can be made.

4. Architectural Design. The project's architectural design, including the architectural style, scale, building mass, materials, colors, architectural details, and roof style, is compatible with surrounding development.

The proposed project includes a reconfiguration of the interior space and the exterior design of the two-story clubhouse building. Most notably, the exterior staircase facing the pool will be demolished and the lower and upper areas along the same façade will be transformed into redesigned lounge areas. Specifically, the building will include new upper lounge areas, a portion of which will be covered.

The exterior walls will be updated to a modern off-white color with black metal railings and gray accent walls. Elements of modern Spanish elements such as custom wall lights and breezeways will be incorporated in the design. The resulting color, material, roof style, and building mass/scale will remain compatible with the existing buildings of the larger multi-family complex. Separate from the pool and clubhouse area, the proposed project also includes the demolition of a tall guard tower at the entry/exit area at City Lights Drive. The guard tower is proposed to be demolished and replaced with landscaping, thereby reducing unnecessary building mass, and providing a more visually open entryway. Therefore, this finding can be made.

As described in Finding No. 4 above, the proposed project includes the reconfiguration of the interior space of the clubhouse to allow for the same uses in a more effective manner, while increasing the usable outdoor area on the upper floor of the building. Accessways will be upgraded for compliance with ADA requirements and larger lounge areas will be created with new outdoor furniture, cabanas, firepits, and exterior lighting to enhance the outdoor experience to its users. The proposed design elements will upgrade the dated amenity area to provide a more active recreational space. As for the guard tower, the proposed removal will enhance the entry/exit area by providing a more open landscaped median. Therefore, this finding can be made.

6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. 335
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The existing outdoor areas will be redesigned and enhanced with planters, potted plants, barbeque and areas, lounge seating, cabanas, firepits, lights, dining tables with umbrellas, and overhead festival lighting. The existing pool deck and walkway areas will be resurfaced with concrete and decorative tile steps. The walkways will be reconfigured to comply with ADA requirements. The pool and spa will be updated with new concrete coping, waterline tile, and plaster. A portion of the exterior pool gate facing City Lights Drive will be replaced to match the existing dark steel material of the fencing for the larger complex and the interior pool enclosure will be of glass material. The existing landscaping is proposed to be upgraded with planting of drought-tolerant species, transplanting existing mature trees, and date palms. The proposed landscape elements will visually enhance the amenities area, complementing the upgraded clubhouse. The upgraded pool/clubhouse will become a more attractive recreational focal point, and the entry/exit area absent of the guard tower will be visually more open and compatible with the larger multi-family complex. Therefore, this finding can be made.

Public Notice:

On January 5, 2023, a public hearing notice was published in the Laguna Niguel News and mailed to all owners of real properties within 300 feet of the subject real property.

Attachments:

1. Resolution

2. Applicant Project Description Letter

3. Project Plans

4. Presentation
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RESOLUTION NO. 2023- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT
(SDP) TO REMODEL THE TWO-STORY CLUBHOUSE BUILDING,

UPGRADE THE OUTDOOR COMMON AREA INCLUDING THE POOL

AND ASSOCIATED LANDSCAPE/HARDSCAPE, DEMOLISH THE
GUARD TOWER AT 5000 CITY LIGHTS DRIVE, AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA (PA22-006 & SDP 2022-00002)
WHEREAS, on April 22,1999, the County of Orange Board of Supervisors approved a 793-unit apartment complex development known as the City Lights at Town Center Apartments (“City Lights”) at 5000 City Lights Drive; and WHEREAS, On August 23, 2022, Gregory Kim (“Applicant”), development manager for City Lights, submitted an application to remodel the common amenities area including a two-story building and outdoor areas consisting of a pool and associated lounging areas with ADA upgrades. The application also includes the demolition of a guard tower at the entry/exit gate of the complex. After several rounds of reviews and submittal of additional information, the application was deemed complete; and
WHEREAS, on September 21, 2022, the City Council held a duly noticed public hearing and granted the applicant’s request to continue the matter to a date uncertain for additional time to revise their project; and
WHEREAS, on December 27, 2022, a public hearing notice was published in the Laguna Niguel News and mailed to all owners of real properties within 300 feet of the subject real property; and
WHEREAS, on January 18, 2023, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation related to Planning Application PA22-006/SDP-2022-00002 (SDP); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Determination of Recitals. The City Council hereby finds and determines that all the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.

SECTION 2. Compliance with CEQA (California Environmental Quality Act).

The City Council finds the proposed interior and exterior modifications of the clubhouse are 337
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categorically exempt from CEQA under the Class 1 exemption in the California State CEQA Guidelines Section 15301, as the project involves the minor alteration of an existing private structure involving no expansion of existing or former use. Additionally, the proposed site improvements to the common amenities area are categorically exempt from CEQA under the Class 3 exemption in the California State CEQA Guidelines Section 15303, as it involves updating an existing outdoor area with small accessory structures.

The proposed project area includes all necessary services and facilities, will not involve the use of significant amounts of hazardous substances, and will not exceed 2,500 square feet in floor area.

SECTION 3. Approval of Project and Findings for Site Development Permit. In accordance with AVMC (Aliso Viejo Municipal Code) 15.74.020(D), the City Council hereby approves Planning Application PA22-006/SDP-2022-00002 for the renovation of the clubhouse and site improvements, subject to the conditions set forth in Exhibit “A” and project plans set forth in Exhibit “B”, which are exhibits both attached hereto and incorporated herein by reference.

1. Consistency with General Plan. The project is consistent with the general plan designation of Very High Density as there will be no changes to the existing use.

The proposed improvements are limited to remodeling the existing pool and clubhouse area, and removal of a guard tower at a multi-family complex.

2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and is consistent with the code and any applicable specific plan. Specifically, the proposed improvements are limited to remodeling existing amenities and demolishing a gate tower of a multi-family complex with no changes to the existing use. Additionally, the proposed project complies with the applicable provisions and development standards of the City’s code including setbacks, height, lighting, design standards, and architectural and landscape requirements.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The proposed interior and exterior modification of the clubhouse is categorically exempt from CEQA under the Class 1 exemption in the California State CEQA Guidelines Section 15301, as the project is considered minor alteration of an existing private structure involving no expansion of existing or former use. The proposed site improvements are categorically exempt from CEQA under the Class 3 exemption in the California State CEQA Guidelines Section 15303, as the site improvements will update an existing outdoor area with small accessory structures, all necessary services and facilities are available, will not involve the use of significant amounts of hazardous substances, and will not exceed 2,500 square feet in floor area.

4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, and roof style, are compatible with surrounding development. 338
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The proposed project includes a reconfiguration of the interior space and the exterior design of the two-story clubhouse building. Most notably, the exterior staircase facing the pool will be demolished and the lower and upper areas along the same façade will be transformed into redesigned lounge areas. Specifically, the south end of the building will include a new upper lounge area, a portion of which will be covered. The exterior walls will be updated to a modern off-white color with black metal railings and gray accent walls. Elements of modern Spanish elements such as custom wall lights and breezeways will be incorporated in the design. The resulting color, material, roof style, and building mass/scale will remain compatible with the existing buildings of the larger multi-family complex. Separate from the pool and clubhouse area, the proposed project also includes the demolition of a tall guard tower at the entry/exit area at City Lights Drive. The guard tower is proposed to be demolished replaced with landscaping, thereby reducing unnecessary building mass, and providing a more visually open entryway.

5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements, is compatible with surrounding development. As described in Section 3.5 above, the proposed project includes reconfiguration of the interior space to allow for the same uses in a more effective manner, while increasing the usable outdoor area on the upper floor of the building. Accessways will be upgraded for compliance with ADA requirements and larger lounge areas will be created with new outdoor furniture, cabanas, firepits, and exterior lighting to enhance the outdoor experience to its users. The proposed design elements will upgrade the dated amenity area to provide a more active recreational space. As for the guard tower, the proposed removal will enhance the entry/exit area by providing a more open landscaped median.

6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. The existing outdoor areas will be redesigned and enhanced with planters, potted plants, barbeque and areas, lounge seating, cabanas, firepits, lights, dining tables with umbrellas, and overhead festival lighting. The existing pool deck and walkway areas will be resurfaced with concrete and decorative tile steps. The walkways will be reconfigured to comply with ADA requirements. The pool and spa will be updated with new concrete coping, waterline tile, and plaster. A portion of the exterior pool gate facing City Lights Drive will be replaced to match the existing dark steel material and the interior pool enclosure will be of glass material. The existing landscaping is proposed to be upgraded with planting of drought-tolerant species, transplanting existing mature trees, and date palms. The proposed landscape elements will visually enhance the amenities area, complementing the upgraded clubhouse. The upgraded pool/clubhouse will become a more attractive 339
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recreational focal point, and the entry/exit area absent of the guard tower will be visually more open and compatible with the larger multi-family complex.

SECTION 4. Filing of Notice of Exemption. The City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed project. Additionally, the Notice of Exemption for this project will be posted on the City of Aliso Viejo website, filed in the State Clearinghouse CEQA.net website and provided to parties requesting notification.

SECTION 5. Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of records is the City Clerk.

PASSED, APPROVED AND ADOPTED this 18th day of January 2023. _____________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
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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. 2023-___ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 18th day of January, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ

CITY CLERK
(SEAL)
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EXHIBIT “A”
PLANNING APPLICATION PA21-006/SDP-2022-00002 (SDP)

CONDITIONS OF APPROVAL

1. Approval of the Planning Application PA22-006/SDP-2022-00002 for Site Development Permit (SDP) to remodel the two-story clubhouse building, pool, landscape, and hardscape including ADA compliant upgrades, and demolish the guard tower at 5000 City Lights Drive in accordance with all plans and exhibits as presented to and approved by the City Council on January 18, 2023.

2. This approval constitutes a precise plan for location and design of uses, structures, features and materials submitted with this application. Development shall occur as shown on the plans and description letter approved for this Project and on file in with the Community Development Director, subject to any modifications imposed by the conditions of approval herein, as confirmed by the Community Development Director. Any land use, construction or improvement not specifically approved by this site development permit is not permitted and must be addressed in a separate and subsequent application and review. Relocation, alteration or addition to any use, structure, feature, or material not specifically approved shall require an amendment to the approved plans unless the Community Development Director determines such modifications are minor and consistent with the spirit and intent of the original approving action, and that the action would have been the same for the modifications as for the approved plans. The Community Development Director may approve such minor modifications in accordance with AVMC Section 15.74.110.

3. For the purpose of Planning Application PA22-006/SDP-2022-00002 and as referenced in the conditions, “Applicant” shall apply to the City Lights at Town Center, owner, operator, and any and all future successors and/or assigns of the approved establishment.

4. The Applicant shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with conditions. All fees and expenses shall be paid prior to issuing a certificate of occupancy. Prior to issuance of applicable City approvals or permits, the applicant shall be fully responsible for reimbursing the City of Aliso Viejo for all expenses incurred to process the application and assure compliance with all conditions of approval.

5. The Applicant shall be fully responsible for knowing and complying with all conditions of approval, including making conditions known to City Staff for future governmental permits or actions on the project site. Failure to abide by and faithfully comply with all conditions attached to granting these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120.

6. To the fullest extent under the law and at its sole and absolute cost, the Owner/Developer, and Owner/Developer’s successors, heirs, and assigns shall protect, defend with counsel reasonably acceptable to the City , indemnify, and hold 342
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harmless the City, its officials, officers, employees, consultants, subcontractors, agents, and representatives (collectively, “Indemnitees”) from any and all claims, actions, or proceedings against Indemnitee(s) brought pursuant to the Planning and Zoning Law, the Subdivision Map Act, the California Environmental Quality Act, the federal Clean Water Act, the Porter Cologne Water Quality Control Act or any other law, permit or regulation in order to attack, set aside, void, annul, or seek to impose liability on the City for granting the approval granted by this Resolution, including, without limitation, any alleged act or omission by Indemnitee(s) related to County of Orange SP (Specific Plan) 93109 and/or any related parking agreements, conditions, or regulations, which action is brought for declaratory relief, injunctive relief, specific performance, or for any monetary claims (including, but not limited to, fines, fees, penalties, expert witness fees, attorneys’ fees, and other related costs and expenses). This provision shall not be restricted to insurance proceeds, if any, received by the Owner/Developer or Indemnitee(s). Moreover, this provision shall survive any expiration, termination, or revocation of this approval or related approvals.

7. All signs shall be maintained on the property in accordance with the Municipal Code and any adopted Sign Program in effect for the property.

8. This Resolution and Conditions of Approval shall be incorporated into building plans to all applicable reviewing agencies or authorities.

9. Tenant improvements shall be submitted for review, approved and permits issued, and shall comply with standards, regulations, and requirements of current editions of the California Building Code, California Plumbing Code and California Mechanical Code, California Electrical Code, including any local amendments adopted by the City of Aliso Viejo.

10. Tenant improvements shall be submitted for review, approved and permits issued, and shall comply with standards, regulations, and requirements of the Americans with Disabilities Act. At the discretion of the Building Official, the Applicant may be required to retain a Certified Access Specialist (CASp) to ensure compliance with applicable construction-related accessibility standards.

11. Roof-mounted mechanical equipment such as air conditioning, heating or ventilating units or ducting shall be screened from a horizontal line of sight. Such screening shall be architecturally consistent with the building and an integral part of the roof design so as not to appear as an architectural “afterthought.” For flat roofs, an architecturally consistent screen enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. The ground-mounting of mechanical equipment, with appropriate wall or landscape screening is required.

12. Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be 343
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scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150.

13. The Project shall be subject to the requirements of Title 15 Zoning Code, Appendix A Crime Prevention Through Environmental Design (“CPTED”). Based on the City Crime Prevention Specialist shall review and inspection of the Project, the Applicant shall make the required improvements and submit the necessary documentation showing compliance to the satisfaction of the Crime Prevention Specialist.

14. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within right-of-way landscaping areas whenever possible and shall be screened subject to the approval of the Community Development Director. When above ground obstructions are to be placed within sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction.

15. All backflow preventers, transformers, and other above-grade utilities shall be appropriately screened from public with walls and/or plantings, unless prohibited by another governing agency.

16. The trash enclosure shall be modified to conform to the design standards of the disposal company responsible.
a. The enclosure shall be built on a concrete pad provided with a floor drain connection to the sanitary sewer system or other approved containment method to the city engineer's satisfaction. Interior concrete or metal curbs shall be provided to prevent damage to the enclosure’s walls from collisions with heavy containers.
b. The enclosure shall be built on a concrete pad provided with a floor drain connection to the sanitary sewer system or other approved containment method to the city engineer's satisfaction. Interior concrete or metal curbs shall be provided to prevent damage to the enclosure’s walls from collisions with heavy containers.
c. The enclosure shall be provided with a solid overhead cover integrated into the enclosure design and approved by the Community Development Director and city engineer.
d. Enclosures shall consist of a solid wall on three sides at least six feet in height and a solid self-latching gate on the fourth side at least five feet in height. Gates shall be metal or metal-framed, of heavy-duty construction sufficient to withstand hard usage and shall be attached to metal posts securely anchored into the ground. Gates shall be maintained in good working order and shall remain closed except when in use. Walls and gates shall be consistent with the colors and finishes of nearby buildings.
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e. The use of plastic or corrugated metal for enclosure walls or overhead covers is prohibited.
f. In the event the existing trash enclosure needs to be expanded or redesigned, the enclosure design shall conform to the requirements established in AVMC Section 15.62.080(F) and subject to the review and approval of the Community Development Director and City Engineer.

17. The Applicant shall submit a detailed landscape plan for the site, which may require a Landscape Permit from the Department of Public Works. All landscaping work shall be completed and inspected prior to issuance of a Certificate of Occupancy.

18. Landscape plans shall include planting that conform to the following minimum size and planting density standards:
a. Trees.
i. Minimum size: eight feet high (measured from the top of container) with at least 30 percent to be minimum 24-inch box size.
ii. Maximum spacing in parkways, entry drives, street medians, parking lot planter strips, and project boundary strips: average 30 feet. b. Shrubs.
i. Minimum size: one gallon minimum with at least 30 percent to be fivegallon. ii. Maximum spacing: average 10 feet.
c. Vines. As required to augment groundcover and/or provide screening for retaining walls.
d. Groundcover. Hand-planted plugs with minimum density of one foot on center, or other density as approved by the director, or hydroseeding utilizing seed mixture approved by the director. Either of the preceding methods or a combination of the two shall be sufficient, in the director’s judgment, to meet a goal of 100 percent slope coverage within one year of planting.

19. The Owner/Developer shall obtain a temporary use for the temporary placement of a trailer or relocatable building or the temporary use of a permanent structure on an active construction site as a construction and/or watchman’s office, and the establishment of a temporary materials and equipment storage yard subject to the requirements established in AVMC 15.22.170 prior to issuance of any permit. 345
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20. If any hazardous waste is encountered during construction of any portion of this project, all work shall be immediately stopped on that portion of the project, and the Orange County Health Care Agency (OCHCA), the Orange County Fire Authority (OCFA), the Orange County Sheriff’s Department (OCSD), and the Director of Public Works shall be notified immediately. Work on that portion shall not continue until clearance is issued by all these agencies.

21. The Owner/Developer shall use prudent and reasonable measures to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury arising from the project's construction.

22. All workers and visitors to the site must observe a 10-mile per hour speed limit in the construction area.

23. All portions of the project site shall be continuously maintained free of litter or debris during construction per SWPPP and CAL-OSHA requirements.

24. The Project shall use low VOC cleaning supplies.

25. The Owner/Developer and its contractors shall ensure that either water-based or low-VOC coating with a VOC coating of 50 grams per liter (lower than SCAQMD Rule 1113) be utilized to apply the architectural coatings. In addition, the Project shall utilize transfer or spray equipment with high transfer efficiency. For example, a high volume, low pressure (HVLP) spray method coating application system operated at an air pressure between 0.1 and 10 pounds per square inch gauge (psig), with a 65 percent transfer efficiency. Manual transfer with brush or roller has 100 percent transfer efficiency.

26. The Project shall require paints with VOC content of 10 g/L or lower.

27. Signage for the property shall be reviewed separately and is not part of the approval of this Project. Before any sign installation, the Applicant shall submit a Sign Permit Application to the Community Development Director for approval and a permit shall be issued by the Building Official. All proposed signage for the building shall be submitted to the City and processed pursuant to AVMC 15.34 standards and/or any applicable planned sign program affecting the property. No advertising devices shall be permitted on or off the project site visible to the public.

Conditions Required Prior to the Issuance of a Building Permit Building Department Conditions

28. Prior to issuance of a Building Permit, the Owner/Developer shall obtain all necessary and required approval of project plans from all City Departments, County of Orange, and all other applicable outside agencies.
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29. Prior to issuance of a Building Permit, the Owner/Developer shall submit payment, or proof of payment prior to issuance of a building permit for that particular phase any and all applicable plan check, school, water, sewer, Transportation Corridor, and other public benefit fees, if not previously paid. Owner/Developer shall submit evidence of said payments.

30. Prior to issuance of a Building Permit, the Owner/Developer shall provide rough grade pad certification confirming the site has been graded in accordance with the approved grading plan.

31. Owner/Developer shall furnish three (3) complete sets of plans (structural, mechanical, electrical, and plumbing). Said plans submitted shall contain two (2) copies of soil reports, liquefaction investigation reports and structural calculations.

32. The cover sheet of building construction documents shall contain a blue line print of the City’s Conditions of Approval and it shall be attached to each set of plans submitted for any construction or demolition or shall be printed on the title sheet verbatim.

33. Building addresses shall be facing street fronting property for each building approved by the Building Department and OCFA.

34. All plans shall be designed in conformance with the 2023 editions of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, and the Aliso Viejo Municipal Code.

Fire Department Conditions

35. Prior to the issuance of necessary building permits, the Applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review and approval
a. Architectural (Service Codes PR200-PR285)
b. Hazardous materials compliance and chemical classification (Service Codes PR315-PR328)
c. Hazardous equipment, processes, or operations (Service Codes PR345- PR360)
d. High-piled storage (Service Code PR330)
e. Refrigeration and vapor detection/alarm system (Service Codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA guideline G-02 or the California Fire or Mechanical Codes 347
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Police Services Department Conditions

36. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), buildings, open parking lots, walkways, and accesses in nonresidential complexes shall conform to the following lighting standards:
a. All types of exterior doors shall be illuminated during darkness, with a minimum maintained 1-foot candle of light, measured within a 5-foot radius on each side of the door at ground level. The light source shall be controlled by a photocell device or an uninterruptible A.C. power source.
b. Recessed areas of buildings or fences, which have a minimum depth of 2 feet, a minimum height of 5 feet, and do not exceed 6 feet in width and are capable of human concealment, shall be illuminated with a minimum maintained 0.5 foot-candIe of light at ground level during the hours of darkness. This requirement only applies to defined recessed areas within 6 feet of the edge of a designated walking surface with an unobstructed pathway not hindered by walls or hedge row landscaping at least 2 feet in height. The light source may be motion detectors with a photocell device.
c. Stairways shall be illuminated with a vandal resistant light fixture with a minimum maintained 1 foot-candle of light on all landings and/or stair treads, during the hours of operation and darkness. The interior service stairways shall be painted a light, highly reflective color.
d. All interior or exterior corridors, passageways and walkways in any hotel, motel or inn shall be illuminated with a minimum maintained 1-foot candle of light on the walking surface.
e. All exterior pedestrian walkways, interior common corridors, and open parking lots shall be illuminated with a minimum maintained 1-foot candle of light on the walking or driving surface during operation and darkness. f. The light source utilized to comply with this section shall have a rated average bulb life of not less than 10,000 hours.
g. Accessible luminaires utilized to meet the requirements of this section shall have vandal resistant light fixtures and be not less than 3 feet in height from ground level when used to illuminate walkways and a minimum of 8 feet in height from ground level when illuminating surfaces associated with vehicles.

Light fixtures shall be deemed accessible if mounted within fifteen feet vertically or 6 feet horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. h. A site plan shall be provided showing buildings, parking area, walkways, 348
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detailed landscaping and a point-by-point photometric calculation of the required light levels. Foot-candles shall be measured on a horizontal plane and conform to a uniformity ratio of 4:1 average/minimum. Landscaping shall not be planted to obscure required light levels.
i. All lighting on the property shall be designed to prevent spillovers onto neighboring properties.

37. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), to maintain sufficient illumination for security purposes, landscaping plans shall be designed so that trees and other landscaping do not obstruct light sources from outdoor fixtures, including parking lot lighting.

38. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), landscaping shall be designed so that trees and other landscaping do not obstruct views of traffic signs or address numerals on buildings.

Public Works Department Conditions

39. The Owner/Developer’s Landscape Plan shall be prepared by a State licensed landscape architect and shall include all proposed and existing plant materials (location, type, size, and quantity), an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval. The Owner/Developer shall post surety guaranteeing the construction of the improvements. The Plan shall be reviewed and approved by the Director of Public Works and the Community Development Director.

40. The Owner/Developer’s Landscape Plan shall include elements to the extent practicable to protect existing and proposed pavements from root damage.

41. The Owner/Developer’s Landscape Plan shall conform to the City’s current Water Efficient Landscape Regulations at the time of submittal.

42. All graded slopes shall be permanently planted in a timely manner, meeting the Director of Public Works' approval and in compliance with the approved Landscape Plan with groundcover, trees and shrubs that will stabilize slopes and minimize erosion.

43. Pad certification by the Design Civil Engineer and Soil Engineer is required prior to commencing construction of any building foundation or structure.

Conditions Required Prior to Concealing Interior Construction Fire Department Conditions
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44. Prior to concealing interior construction, the Applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review and approval:
a. Fire Alarm System (Service Code PR500-PR520).
b. Fire Sprinkler System (Service Codes PR430-PR455) if the building is currently sprinklered and the system requires modification.

Conditions Required Prior to Final Building Inspection or Occupancy Permit Building Department Conditions

45. Before issuing a Certificate of Use and Occupancy, the Owner/Developer shall obtain final approval for all City departments and County agencies.

46. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall submit a final compliance report from all independent deputy inspection firms involved in the project outlining each area of inspection.

47. Before issuing a Certificate of Use and Occupancy, the Owner/Developer shall submit a final compliance report from Structural Engineer of Record.

48. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall provide copies of all Title 24, Part 6 Certificate of Acceptance Forms including all lighting, electrical and mechanical.

Fire Department Conditions

49. Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150.

Planning Department Conditions

50. All temporary units, equipment, and fencing shall be removed from the site prior to final inspection for the final building construction project on site.

51. Prior to issuance of a Certificate of Occupancy, the Owner/Developer shall schedule an inspection with the Building & Safety Division to ensure the project was completed in substantial compliance with codes and applicable standards.

Police Services Department Conditions
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52. Prior to issuance of a Certificate of Occupancy, the Owner/Developer shall schedule an inspection by the Aliso Viejo Police Services Crime Prevention Specialist to confirm the implementation of CPTED standards and security hazards have been mitigated to the satisfaction of the Crime Prevention Specialist.

Public Works Department Conditions

53. Prior to issuance of a Certificate and Occupancy, the landscape architect shall provide written certification to the City stating installation is in substantial conformance with the approved landscape plans. If there are variations, the variations shall be approved by the Director of Public Works and Community Development Director.

54. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall provide a written certification for the operation of all backflow devices. 351
130 Vantis, Suite 200
Aliso Viejo, CA 92656
T: 949-389-7000 F: 949-389-7434
www.sheaproperties.com
August 29, 2022
RE: Project Description and Justification
To Whom It May Concern:

The project currently known as City Lights at Town Center Apartments (“City Lights”) is a 793- unit apartment complex located on 5000 City Lights Dr., Aliso Viejo, CA 92656. City Lights is proposing to renovate the existing 12K SF 2-story clubhouse and the surrounding pool deck. City Lights is currently under the process of undergoing units renovations (each unit with its own separate permit #) and have currently renovated 284 units thus far (with another 29 units under construction). The scope of the renovations include but are not limited to new flooring, new appliances, new cabinets, and new plumbing fixtures. A set schedule for unit renovations cannot be provided since the units are renovated as tenants opt to move out, however we do anticipate the unit renovations to be complete by approximately Q1 2025. The clubhouse serves as the project’s leasing center and only amenity building and will continue to do so after the renovation. The goal is to deliver a renovated clubhouse/pool deck to the fully renovated property.

Our intent is to demolish portions of the current building footprint, as seen on pages A-2.1 and A2.2 and build out to the former column line / roof line of the building, taking space that was an exterior colonnade and capturing it as interior conditioned space. The overall building footprint remains roughly about the same as the existing structure by expanding into under-utilized space such as of the colonnade to create more usable amenity spaces for tenants. These new spaces include: a refreshed clubroom that faces out to the pool, conference room, newly located offices and leasing area, work room & fitness, new mail & parcel locker, co-workspace, decks and outdoor covered areas, see sheets A-2.3 and A-2.4 Building restrooms and elevator will remain unchanged.

The existing stair to the parking lot will remain unchanged, but the radiused stair to the pool will be demolished and a new stair added to the southern portion of the building. Overall mass, scale and roof design of the Leasing Clubhouse will remain similar to the remainder of the two-story portion of the building. In addition to the proposed remodel of the clubhouse, we are proposing to demolish the guard tower located at the gate entrance to the property and replace it with a large oak tree. Currently, the guard tower serves no purpose and the addition of the oak tree would complement the existing landscape.

The existing outdoor areas will be enhanced as well with expanded/enhanced planters, BBQ areas, lounge seating, cabanas, and overhead festival lighting. Landscaping will be reimagined to incorporate both existing and new plantings to present a cohesive and comfortable setting for tenants. Although new landscaping will be brought in to complement the redesign, all current landscaping (including all existing king palms) will be repurposed/reused within the existing pool deck to the maximum extent possible. A new fence constructed between the building and pool area 352
130 Vantis, Suite 200
Aliso Viejo, CA 92656
T: 949-389-7000 F: 949-389-7434
www.sheaproperties.com
will divide lounge spaces and poolside activities. The existing ground-mounted AC condensers located near the west end of the clubhouse will be relocated while the existing AC condensers located near the pool equipment room / MPOE will remain as-is. The relocated condensers will be installed on the roof in a manner so that they are not visible from the apartment units and public right of way. The relocated AC condensers will have 7’ high parapet walls covering 2 sides of the area containing the condensers, while the other 2 sides will be covered by metal panels insuring that all sides of area containing the condensers will be blocked from public view.

The exterior material palette for the renovation is intended to add a modern twist but also be a complimentary approach onto the previous architecture style. The proposed color scheme of the clubhouse will be a combination of off-whites and greys, in an effort to stay consistent with the color scheme of existing street frontages and surrounding buildings. Additionally, to keep the color scheme consistent throughout the entire project, all residential buildings of the project will be repainted in the same color scheme as the proposed remodeled clubhouse. The plan is to paint the apartment buildings as soon as reasonably possible following the completion of the clubhouse remodel. The painting of the residential buildings is estimated to take approximately 1 year to complete (estimating a little over a month per building) and should be complete by roughly Q1 2025, following the completion of the clubhouse remodel in roughly Q1 2024. Concurrent with the paint refresh of the apartment buildings, the exterior lighting fixtures will also be replaced/updated to match the exterior lighting fixtures proposed for the clubhouse remodel. The black window trim of the clubhouse will remain unchanged from its current color scheme. The end goal is to have a cohesive color/material scheme along throughout the entire project post renovation.

Tenants will have access from various key-fobbed access points to both internal and external amenities with resident services having the ability to limit access during non-business hours of certain spaces when applicable. Potential residents may peruse the clubhouse and its proposed amenities during business hours, but actual access/usage to the spaces will be limited to the apartment tenants. All entry points to the clubhouse and its amenities will be behind a locked/keyfobbed door and works to prevent unwanted visitors. Adequate lighting will be provided in and around the clubhouse, including all indoor/outdoor corridor spaces. A photometric study will be engaged at the appropriate time to ensure we have proper lighting in and around the clubhouse.

We are excited to bring our community of residents this renovated leasing/amenity building for them to enjoy. If you have any questions, please do not hesitate to contact me.

Gregory Kim
Development Manager
Shea Properties
949-389-7117
353

SHEA CITY LIGHTS

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022

PACIFIC PARK DR

ALISO VIEJO PKWY

ALISO CREEK RD

CITY LIGHTS DR
73 TOLL ROAD
SITE
354

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
PROJECT DATA & SHEET INDEX A-0.1

PROJECT TEAM
DEVELOPER:

ARCHITECT:

LANDSCAPE ARCHITECT:

CIVIL ENGINEER:

PROJECT DESCRIPTION /

SCOPE OF WORK
Project Address: 5000 City Lights Dr, Aliso Viejo, CA 92656 The proposed project is to renovate the existing two-story amenity building and pool area within the City Lights at Town Center Apartments community.

Our intent is to demolish portions of the current building footprint, as see on pages A-2.1 and A-2.2 and build out to the former column line / roof line of the building, taking space that was an exterior colonnade and capturing it as interior conditioned space. The overall building footprint remains roughly about the same as the existing structure by expanding into under-utilized space such as of the colonnade to create more usable amenity spaces for tenants. These new spaces include: a refreshed clubroom that faces out to the pool, conference room, newly located offices and leasing area, work room & fitness, new mail & parcel locker, coworkspace, decks and outdoor covered areas, see sheets A-2.3 and A-2.4. Building restrooms and elevator will remain unchanged. The existing stair to the parking lot will remain unchanged, but the radiused stair to the pool will be demolished and a new stair added to the southern portion of the building. Overall mass, scale and roof design of the Leasing Clubhouse will remain similar to the remainder of the two-story portion of the building.

The existing outdoor areas will be enhanced as well with expanded/enhanced planters, BBQ areas, lounge seating, cabanas and overhead festival lighting. Landscaping will be reimagined to incorporate both existing and new plantings to present a cohesive and comfortable setting for tenants. A new fence constructed between the building and pool area will divide lounge spaces and poolside activities. Existing ground-mounted AC equipment will be removed, and new units will be installed on the roof not visible from the public right of way.

AC condensers will be hidden from view via mansard roofs above the Leasing and Mail Room.

The exterior material palette for the renovation is intended to add a modern twist but complimentary approach onto the previous architecture style. The proposed color scheme is designed to be the foundation for the future paint refresh of the residential apartment portion of the City Lights at Town Center Apartments, to be done separately. Colors and materials will be cohesive between the apartments and the new clubhouse.

Pedestrians will have access from various key-fobbed access points to both internal and external amenities with resident services having the ability to limit access during non-business hours of certain spaces when applicable.

Please see additional notes on demo and floor plan sheets for further clarification. * Panel antennas will be a maximum of 6’0” in height.

PARKING

VICINITY MAP BUILDING AREAS
INDEX

COVER SHEET
ARCHITECTURE:

LANDSCAPE:

CIVIL:

A-0.1

EXISTING AREAS RENOVATION AREAS
LEVEL 1 LEVEL 1
Area Area
Kitchen 107 SF Clubroom 1,511 SF
Rec Room 762 SF Leasing 899 SF
Leasing Office 871 SF Office 1 255 SF
Hospitality 305 SF Office 2 158 SF
Prop. Director 237 SF Office 3 158 SF
Office 117 SF Break Room 184 SF
Dry Clean / UPS 105 SF Resident Services & Work Room 466 SF Hall 184 SF Mail 964 SF
Work Room 155 SF Parcel Locker 254 SF
Service Mgr. 98 SF Office 129 SF
Womens 253 SF Storage 148 SF
Mens. 241 SF Restroom 96 SF
Elev. Equip 36 SF Womens 281 SF
Elev. Shaft 54 SF Mens 271 SF
W.H. Closet 18 SF Utility 39 SF
Electrical Closet 22 SF Mach. 40 SF
Fountain Pump Euip. 37 SF Elev. 62 SF
Cardio / Weight 993 SF Jan. Closet 136 SF
Pool Equip. 152 SF Corridor 407 SF
M.P.O.E. 195 SF Storage 42 SF
Jan. Closet 24 SF Co-Work Space 902 SF
Electrical Closet (pool) 34 SF Conference Room 391 SF
SUBTOTAL 5,000 SF Pool Equip. 152 SF
M.P.O.E. 195 SF
SUBTOTAL 8,140 SF
LEVEL 2 LEVEL 2
Area Area
Conference 362 SF Covered Deck 1,200 SF
Business 146 SF Fitness 1 1,191 SF
Media 696 SF Fitness 2 1,031 SF
Womens 72 SF Womens 113 SF
Mens 78 SF Mens 151 SF
Hall 236 SF Break Room 151 SF
Aerobics 777 SF Storage 113 SF
Storage 134 SF
Massage 143 SF
SUBTOTAL 2,644 SF SUBTOTAL 3,950 SF
TOTAL 7,644 SF TOTAL 12,090 SF
*Areas are gross areas measured to the exterior face of exterior walls, excludes unconditioned covered space -
exception Covered Deck
*Areas are gross areas measured to the
exterior face of exterior walls, excludes
unconditioned covered space - exception
Covered Deck

Irvine, CA 92612
Contact: Paul Anderson
MJS
507 30th St
Newport Beach, CA 92663
Contact: Matt Jackson
Fuscoe Engineering, Inc.
16795 Von Karman, Suite 100
Irvine, California 92606
Contact: John Olivier
P: 949.389.7227
P: 949-389-7434
www.sheaproperties.com
[email protected]
P: 949.862.0270
P: 949.862.0289
www.tca-arch.com
[email protected]
P: 949.675.9964
www.mjs-la.com
[email protected]
P: 949.474.1960
F: 949.474.5315
www.fuscoe.com
[email protected]
A-0.1
A-0.2
A-1.1
A-1.2
A-2.1
A-2.2
A-2.3
A-2.4
A-2.5
A-3.1
A-3.2
A-3.3
A-3.4
A-3.5
A-3.6
A-5.1
L.1
L.2
L.3
L.4
L.5
L.6
L.7
L.8
L.9
L.10
C-1.0

PROJECT DATA & SHEET INDEX

SETBACK COMPARISON

NEIGHBORHOOD CONTEXT PLAN

EXISTING SITE & CONTEXT PHOTOS TOWARDS SITE
ARCHITECTURAL DEMOLITION PLAN - LEVEL 1
ARCHITECTURAL DEMOLITION PLAN - LEVEL 2
PROPOSED BUILDING PLAN - LEVEL 1
PROPOSED BUILDING PLAN - LEVEL 2

PROPOSED ROOF PLAN

PROPOSED EXTERIOR ELEVATION & PERSPECTIVE EAST

PROPOSED EXTERIOR ELEVATION & PERSPECTIVE NORTH

PROPOSED EXTERIOR ELEVATION & PERSPECTIVE WEST

PROPOSED EXTERIOR ELEVATION & PERSPECTIVE SOUTH

PERSPECTIVE OVERALL FROM ENTRY COURT

PERSPECTIVE OVERALL FROM CITY LIGHTS DR

MATERIALS

GROUND LEVEL LANDSCAPE SITE PLAN

ROOFTOP DECK ENLARGEMENT

FENCE PLAN

CIRCULATION PLAN

MATERIALS IMAGERY

PRELIMINARY PLANTING PLAN

PLANTING IMAGERY

PLANTING WATER USE EXHIBIT

PRELIMINARY LIGHTING PLAN

CONCEPTUAL GRADING

PACIFIC PARK DR

ALISO CREEK RD
73 TOLL RD

ALISO VIEJO PKWY
SITE

EXISTING
355

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 10’ 20’ 40’
SETBACKS COMPARISON A-0.2
(E)

LEASING
(E)

REC ROOM
(E)

KITCHEN

EXISTING SETBACK
~ 17'-0"
8'-7"
16'-8"
16'-2"
17'-2"
20'-11"
BREAK
ROOM

RESIDENT

SERVICES
& WORK
ROOM
(E)
ENTRY
12'-6" x 13'-9"
OFFICE 3
OFFICE 2
OFFICE 1
17'-9" x 13'-9"
23'-4" x 19'-0"
10'-0" x 13'-9"
10'-0" x 13'-9"
16'-7" 20'-0"
11'-0" 4'-6"
4'-3" 19'-11" 10"

LEASING
18'-10" x 32'-4"

EXISTING SETBACK
~ 17'-0"
16'-11"
20'-11"

A R C H I T E C T S
N
CITY LIGHTS 0' 10' 40' 20'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
07-29-2022
SHEA PROPERTIES SETBACK COMPARISON A-1.7
TCA# 2019-012
2) PROPOSED BUILDING
1) EXISTING BUILDING
356

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 100’ 50’ 100’ 2 200’ 4
NEIGHBORHOOD CONTEXT PLAN A-1.1

PACIFIC PARK DR
GRAND
OFFICE
PARK
OFFICE
PARK

MULTI-FAMILY

RESIDENTIAL

MULTI-FAMILY

RESIDENTIAL

MULTI-FAMILY

RESIDENTIAL

MULTI-FAMILY

RESIDENTIAL

MULTI-FAMILY

RESIDENTIAL
OFFICE
PARK

SINGLE-FAMILY

RESIDENTIAL

SINGLE-FAMILY

RESIDENTIAL

SINGLE-FAMILY

RESIDENTIAL

SINGLE-FAMILY

RESIDENTIAL

SINGLE-FAMILY

RESIDENTIAL
RETAIL
CENTER
RETAIL
CENTER

CONDOMINIUM
RETAIL
CENTER
SITE

CITY LIGHTS DR

ALISO CREEK RD

ALISO VIEJO PKWY

WOOD CANYON DR
357

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
EXISTING SITE & CONTEXT PHOTOS A-1.2

TOWARDS SITE
1) EAST BUILDING ELEVATION FROM CITY LIGHTS DR 2) MAIN CORNER AT ENTRY 3) NORTH BUILDING ELEVATION AT ENTRY PLAZA 4) COVERED PATIO
6) VIEW OF POOL
5) OVERALL POOL VIEW FROM ABOVE
7) VIEW FROM SPA

KEY MAP - TOWARDS SITE PERSPECTIVES
2 3
5 6 7 4
1 358

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 10’ 20’ 40’
ARCHITECTURAL DEMOLITION PLAN A-2.1
LEVEL 1
(See Landscape Plans for Additional Demo Information)
(E)
WOMENS
(E)
MENS
(E)
ELEV
(E)
MACH.
(E)

HOSPITALITY
(E)

STORAGE
(E)

LEASING
(E)

REC ROOM
(E)

KITCHEN
(E)
OFFICE 1
(E)
OFFICE 2
(E)
OFFICE 3
(E)

WORK ROOM
(E)
RES.

SERVICES
(E)

FITNESS
(E)
POOL EQUIP.
(E)
M.P.O.E.

EXISTING SETBACK
~ 17'-0"
8'-7"
16'-8" 8'-6"
16'-2"
9'-6"
8'-1"

EXISTING WALL TO REMAIN
(~ 880 LF)

EXISTING WALL TO BE DEMOLISHED
(~ 1,103 LF)

NEW WALL
(~ 1,852 LF)

A R C H I T E C T S
N
CITY LIGHTS CLUB HOUSE RENOVATION 0' 4' 8' 16'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES DEMO PLAN A-1.1
TCA# 2019-012
(E)
WOMENS
(E)
MENS
(E)
ELEV
(E)
MACH.
(E)

HOSPITALITY
(E)

STORAGE
(E)

LEASING
(E)

REC ROOM
(E)

KITCHEN
(E)
OFFICE 1
(E)
OFFICE 2
(E)
OFFICE 3
(E)

WORK ROOM
(E)
RES.

SERVICES
(E)

FITNESS
(E)
POOL EQUIP.
(E)
M.P.O.E.

EXISTING SETBACK
~ 17'-0"
8'-7"
16'-8" 8'-6"
16'-2"
9'-6"
8'-1"

EXISTING WALL TO REMAIN
(~ 880 LF)

EXISTING WALL TO BE DEMOLISHED
(~ 1,103 LF)

NEW WALL
(~ 1,852 LF)

A R C H I T E C T S
N
CITY LIGHTS CLUB HOUSE RENOVATION 0' 4' 8' 16'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES DEMO PLAN A-1.1
TCA# 2019-012

EXISTING AC UNITS

TO BE REMOVED
Design Intention
Demo existing walls at perimeter of building
and build out to column line to increase
usable area.

Demo roof areas impacted by wall removal.

Demo interior walls to create new interior
spaces.

Maintain existing restrooms, elevator, pool
equipment room and MPOE room.

Maintain existing stair at parking lot, but
demo stair at pool courtyard.
*WALL QUANTITIES SHOULD BE CONSIDERED

AS ESTIMATES ONLY, FORMAL QTO WILL BE
THE RESPONSIBILITY OF THE GC.
359

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 10’ 20’ 40’
ARCHITECTURAL DEMOLITION PLAN A-2.2
LEVEL 2
(See Landscape Plans for Additional Demo Information)
UP
UP
(E)
ELEV
(E)

RESTROOM
(E)

MASSAGE
(E)

STORAGE
(E)

FITNESS
(E)
MEDIA
(E)

BUSINESS
(E)

CONFERENCE

EXISTING ROOF TO BE DEMOLISHED

PORTION OF ROOF TO BE DEMOLISHED

EXISTING SETBACK
~ 17'-0"

EXISTING WALL TO REMAIN
(~ 339 LF)

EXISTING WALL TO BE DEMOLISHED
(~ 325 LF)

NEW WALL
(~ 637 LF)

A R C H I T E C T S
N
CITY LIGHTS 0' 4' 8' 16'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES DEMO PLAN SECOND FLOOR A-1.2
TCA# 2019-012
UP
UP
(E)
ELEV
(E)

RESTROOM
(E)

MASSAGE
(E)

STORAGE
(E)

FITNESS
(E)
MEDIA
(E)

BUSINESS
(E)

CONFERENCE

EXISTING ROOF TO BE DEMOLISHED

PORTION OF ROOF TO BE DEMOLISHED

EXISTING SETBACK
~ 17'-0"

EXISTING WALL TO REMAIN
(~ 339 LF)

EXISTING WALL TO BE DEMOLISHED
(~ 325 LF)

NEW WALL
(~ 637 LF)

A R C H I T E C T S
N
CITY LIGHTS 0' 4' 8' 16'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES DEMO PLAN SECOND FLOOR A-1.2
TCA# 2019-012
Design Intention
Demo existing walls at perimeter of building
and build out to column line to increase
usable area.

Demo roof areas impacted by wall removal.

Demo interior walls to create new interior
spaces.

Maintain existing restrooms, elevator, pool
equipment room and MPOE room.

Maintain existing stair at parking lot, but
demo stair at pool courtyard.
*WALL QUANTITIES SHOULD BE CONSIDERED

AS ESTIMATES ONLY, FORMAL QTO WILL BE
THE RESPONSIBILITY OF THE GC.
360

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 10’ 20’ 40’
PROPOSED BUILDING PLAN A-2.3
LEVEL 1

CLUBROOM
BREAK
ROOM

RESIDENT

SERVICES
& WORK
ROOM

CO-WORK
SPACE
(E)
WOMENS
(E)
MENS
(E)
ELEV
(E)
MACH.
(E)
ENTRY
(E)

HOSPITALITY
(E)

STORAGE
(E)
POOL EQUIP.
(E)
M.P.O.E.
18'-8" x 12'-6"
34'-6" x 25'-1"
12'-6" x 13'-9"
45'-6" x 22'-8"
OFFICE 3
OFFICE 2
OFFICE 1
17'-9" x 13'-9"
23'-4" x 19'-0"
MAIL
23'-3" x 39'-0"
10'-0" x 13'-9"
10'-0" x 13'-9"
PARCEL
LOCKER
3'-6" 6'-1 1/2"2'-0"
3'-6" 6'-4" 3'-6" 6'-4" 3'-6" 6'-4" 3'-6"
11'-4" 1'-9" 7'-5" 3'-0" 7'-5" 3'-0"
(N)
JAN. CLOSET
2'-6" 18'-8" 3'-2" 18'-8" 15'-8"
44'-6"
137'-11"
61'-10 1/2"
16'-7" 20'-0" 15'-10"
11'-0" 4'-6"
20'-0" 13'-0" 3'-8"
19'-6" 4'-3" 19'-11" 10"
11'-3" 2'-0"
19'-7 1/2" 34'-0 1/2" 8'-2 1/2" 10'-0 1/2"
7'-7 1/2"
32'-8"
1'-2 1/2"
4'-11 1/2"

LEASING
18'-10" x 32'-4"

OVERSIZED

PACKAGE

STORAGE
8'-0" x 16'-0"

CONFERENCE
ROOM
24'-0" x 13'-0"

RECEPTION
10'-0" x 11'-6"
(E) ELEC.

CLOSET
(E) HALL
(E) SHOWERS CORRIDOR

EXISTING SETBACK
~ 17'-0"
130'-11"

ENCROACHMENT
4" SETBACK
CLUB

MEETING
ROOM
20'-0" x 23'-4"

A R C H I T E C T S
N
CITY LIGHTS 0' 10' 40' 20'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES FIRST FLOOR PLAN A-1.4
TCA# 2019-012
19 GUEST
2 ACCESSIBLE
TOTAL - 21 STALLS

EXISTING PARKING SUMMARY
(E)
WOMENS
(E)
MENS
(E)
ELEV
(E)
MACH.
(E)

HOSPITALITY
(E)

STORAGE
(E)

LEASING
(E)

REC ROOM
(E)

KITCHEN
(E)
OFFICE 1
(E)
OFFICE 2
(E)
OFFICE 3
(E)

WORK ROOM
(E)
RES.

SERVICES
(E)

FITNESS
(E)
POOL EQUIP.
(E)
M.P.O.E.

EXISTING SETBACK
~ 17'-0"
8'-7"
16'-8" 8'-6"
16'-2"
9'-6"
8'-1"

EXISTING WALL TO REMAIN
(~ 880 LF)

EXISTING WALL TO BE DEMOLISHED
(~ 1,103 LF)

NEW WALL
(~ 1,852 LF)

A R C H I T E C T S
N
CITY LIGHTS CLUB HOUSE RENOVATION 0' 4' 8' 16'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES DEMO PLAN A-1.1
TCA# 2019-012

Revise location of leasing offices and clubroom and
expand size.

Create co-working amenity space for residents.

Relocated / add new stair to pool courtyard from new
roof deck above.

Relocated parcel locker room to first floor.

Existing restrooms to remain.

New windows and doors material/type to be consistent
with existing design throughout project.
*WALL QUANTITIES SHOULD BE CONSIDERED

AS ESTIMATES ONLY, FORMAL QTO WILL BE
THE RESPONSIBILITY OF THE GC.
361

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 10’ 20’ 40’
PROPOSED BUILDING PLAN A-2.4
LEVEL 2
FITNESS 2
FITNESS 1
(E)
ELEV
(E)

RESTROOM
(E)

RESTROOM
35'-0" x 27'-10"
33'-2" x 35'-2"
46'-0" x 21'-10"

OPEN BALCONY

MAINTENANCE

STORAGE
7'-7" x 12'-10"
11'-5" x 11'-8"

OPEN DECK
OPEN
DECK
34'-0 1/2" 8'-2 1/2"
76'-11 1/2"
10'-0 1/2" 13'-5" 12'-7" 6'-8" 34'-3"
65'-7 1/2" 11'-4"
76'-11 1/2"
48'-0"
25'-0" 19'-6"
44'-6"
36'-1"
EQ EQ

COVERED DECK

TERRACE LOUNGE

EXISTING SETBACK
~ 17'-0"
2'-0"
2'-0"

METAL PANEL

SCREENING
6'-5"
44'-0" x 18'-0"
8'-10"
11'-0"
8'-6"

ROOF DECK

SCREENING

A R C H I T E C T S
N
CITY LIGHTS 0' 4' 8' 16'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES SECOND FLOOR PLAN A-1.5
TCA# 2019-012

RESTROOM
(E)

MASSAGE
(E)

STORAGE
(E)

FITNESS
(E)
MEDIA
(E)

BUSINESS
(E)

CONFERENCE

EXISTING ROOF TO BE DEMOLISHED

PORTION OF ROOF TO BE DEMOLISHED

EXISTING SETBACK
~ 17'-0"

EXISTING WALL TO REMAIN
(~ 339 LF)

EXISTING WALL TO BE DEMOLISHED
(~ 325 LF)

NEW WALL
(~ 637 LF)

A R C H I T E C T S
N
CITY LIGHTS 0' 4' 8' 16'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES DEMO PLAN SECOND FLOOR A-1.2
TCA# 2019-012
Design Intention
Expand building footprint to former exterior column line / roof line of building.

Revise location of leasing offices and clubroom and
expand size.

Create co-working amenity space for residents.

Relocated / add new stair to pool courtyard from new
roof deck above.

Relocated parcel locker room to first floor.

Existing restrooms to remain.

New windows and doors material/type to be consistent
with existing design throughout project.
*WALL QUANTITIES SHOULD BE CONSIDERED

AS ESTIMATES ONLY, FORMAL QTO WILL BE
THE RESPONSIBILITY OF THE GC.
362

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 10’ 20’ 40’
PROPOSED ROOF PLAN A-2.5

HIGH ROOF

LOW ROOF

HIGH ROOF

HIGH ROOF
DECK
(BELOW)
DECK
(BELOW)
34'-3" 21'-3" 13'-5" 10'-0"
37'-3" 8'-2" 1'-3"
78'-11"
39'-3"
22'-0"
52'-4"
27'-3"
50'-0"
5/12, TYP.
5/12, TYP.
5/12, TYP.
5/12, TYP.
5/12, TYP.
5/12, TYP.
5/12, TYP.
5/12, TYP.
5/12, TYP.
5/12, TYP.
5/12, TYP.

SEE SHEET A-5.1 FOR ROOF
MATERIALS, TYP.

SEE SHEET A-5.1 FOR ROOF
MATERIALS, TYP. SEE SHEET A-5.1 FOR ROOF
MATERIALS, TYP.

EXISTING SETBACK
~ 17'-0"

A R C H I T E C T S
N
CITY LIGHTS 0' 4' 8' 16'
5000 CITY LIGHTS DRIVE

ALISO VIEJO, CA
08-01-2022
SHEA PROPERTIES ROOF PLAN A-1.6
TCA# 2019-012
LEVEL 1
11'-0" 11'-0"
LEVEL 2
T.O.PLATE T.O.PLATE
2'-0"
5' MAX
1'-0"
7'-0"
35'-0"
33'-0"

WEEP SCREED
2x LEDGER PER STRUCTURAL
SINGLE PLY TPO ROOF.

INSTALL PER MANUFACTURER
SPECIFICATIONS. SLOPE (2% MIN.)
1/4" DENS-DECK COVER BOARD

UNDER TPO ROOFING MEMBRANE

SELF-ADHERED MEMBRANE

WATER RESISTANT BARRIER
#30 FELT UNDERLAYMENT
4"

1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS.

NOTES:

2. DO NOT SCALE DRAWINGS.

GASKET
(ALL AROUND
COVER)

SLAM LATCH INSIDE & OUTSIDE

HANDLES W/ PADLOCK
HASPS
COVER

LOCK STRIKE &

PADLOCK HASP
FRAME W/ CAP FLASHING.
(CORNERS FULL WELDED)

FRAME OPENING LENGTH

OVERALL

FRAME OPENING WIDTH

SINGLE PLY

MEMBRANE

ROOFING
5"

EXTEND-A-RAIL

EXTENDABLE

HANDRAIL
8"

PERPENDICULAR FIXED

ROOF ACCESS LADDER
W/"EXTEND-A'RAIL"

LADDER SAFETY POST
10 AD6.3

ROOF HATCH

ASSEMBLY
3/8" HEAD SCREW THROUGH 5/8"
S.S. METAL/NEOPRENE WASHER
MIN. 3 EA PER SIDE

METAL COUNTERFLASHING
INSERT
3/4" PLYWOOD BY FRAMER
4" MIN.

FASTENER AND PLATE

SINGLE-PLY MEMBRANE,
INSTALL PER MANUF.

RECOMMEDATIONS

HOT AIR WELD

MEMBRANES
T.O. ROOF

SHEATHING

MECHANICAL EQUIPMENT ON

ISOLATOR PADS PER MECHANICAL

TPO ROOFING - INSTALL

PER MANUFACTURER

RECOMMENDATIONS
1/8" FOOT

SLOPE (TYP)
45°

PER PLAN
48" MAX
20 GA - 4" BOX RIB

CORRUGATED METAL

PANEL PAINTED TO
MATCH ROOF COLOR. TO

MATCH OWNER SPEC
1/2" ANGLE BRACE
1 1/2"x3/4x1/8" METAL

CHANNEL SUPPORT
2x4 PLATFORM FRAME
12" ABOVE RIDGE LINE

FILL CAVITY WITH INSULATION
1 AD6.1

SOLID BLOCKING BELOW

ALL SUPPORTS

PLATFORM PLYWOOD TO MATCH

ROOF STRUCTURE PLYWOOD

NO MECHANICAL ATTACHMENTS

THROUGH HORIZONTAL

SURFACE OF PLATFORM
2" WIDE SHEET METAL STRAPS
PER MECHANICAL. PRE DRILL

HOLES AND FILL W/ SEALANT
PRIOR TO ATTACHMENT.

AT POST ATTACHMENT

PROVIDE WATER TIGHT SEAL
SLOPE (2% MIN.)

PER PLAN

SINGLE PLY TPO ROOF
HSS 12x8 PER STRUCTURAL
2x12 JOIST PER STRUCTURAL

NAIL-ON WINDOW,

PER SCHEDULE

PARALLAM PER

STRUCTURAL
12 AD6.3
SIM
11 AD6.3
SIM

SINGLE PLY TPO ROOF

METAL FLASHING

NON-CORROSIVE

METAL DRIP
HSS 12x8 PER STRUCTURAL

SELF ADHESIVE

WATERPROOF MEMBRANE

WATER RESISTANT

BARRIER
2x12 JOIST PER STRUCTURAL

SEALANT & BACKER ROD
J MOLD
5'-0" PER PLAN
3"x5" 24 GA PREFINISH GUTTER
J MOLD

BACKER ROD & SEALANT

EXTERIOR PLASTER

O/ METAL LATH

WATER RESISTANT BARRIER

SELF-AHDERED MEMBRANE
2x JOIST PER STRUCTURAL
12 AD6.3
11 AD6.3
SIM
6" = 1'
6 PAR
3" = 1'-0" 12 TPO ROOF AT PLASTER WALL CONNECTION
1" = 1'-0" 9 ROOF ACCESS HATCH
3" = 1'-0" 10 ROOF ACCESS HATCH FLASHING
1 1/2" = 1'-0" 13 MECHANICAL EQUIPMENT PLATFORM
1 1/2" = 1'-0" 14 ROOF TO WALL AT FITNESS
3" = 1'-0" 16 FITNESS LAWN CANOPY
3" = 1'-0" 11 PLASTER AND METAL PANEL CONNECTION 1 1/2" 7 STU
1 1/2"
8 TUB
1) AC CONDENSER CROSS SECTION

CONDENSER
SCREEN
2) TYPICAL AC CONDENSER SCREENING DETAIL
3) VIEW FROM TOP FLOOR OF SOUTHERN APARTMENT BUILDING
1)
363

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 8’ 16’ 32’
PROPOSED EXTERIOR ELEVATION & PERSPECTIVE A-3.1
EAST
LEVEL 1
11'-0"
LEVEL 2
T.O.PLATE
11'-0"
T.O.PLATE
48'-0" 34'-6"
34'-3" 32'-8" 10'-1/4"
33'-0"

RESIDENT SERVICES & WORK ROOM OFFICES LEASING & LOBBY MAIL

COVERED DECK

KEY MAP
1 2
UNITS

APARTMENTS BEYOND
(N.I.C.)
2) PERSPECTIVE OF LEASING OFFICES
P3 MR MA P1 F P2 RT W

P - PLASTER FNISH

RT - ROOF TILE

MA - METAL AWNING

GR - GLASS RAILING

MR - METAL RAILING

W - VINYL WINDOW

D - SLIDING DOOR SYSTEM

F - NEW FASCIAS TO MATCH EXISTING
* LANDSCAPE FOR CONTEXT ONLY. FOR

ACTUAL LANDSCAPING -PLEASE SEE
L.1-L.8
** GATE DESIGN ON L.2
364

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 8’ 16’ 32’
PROPOSED EXTERIOR ELEVATION & PERSPECTIVE A-3.2
NORTH
LEVEL 1
11'-0" 11'-0"
LEVEL 2
T.O.PLATE T.O.PLATE
LEVEL 1
11'-0"
LEVEL 2
T.O.PLATE
11'-0"
T.O.PLATE
48'-0" 34'-6"
34'-3" 32'-8" 10'-1/4"
33'-0"
35'-0"

LEASING
(BEYOND)

LOBBY MAIL PARCEL LOCKER & UTILITY CONFERENCE ROOM UTILITY (BEYOND)

APARTMENTS BEYOND STORAGE / BREAK ROOM
(N.I.C.)
FITNESS 2 FITNESS 1
(BEYOND)

KEY MAP
1 2
UNITS
1) NORTH ELEVATION
2) PERSPECTIVE TOWARDS CO-WORK SPACE
MA F P3 W P1 A P2 MR RT

MATERIAL LEGEND

P - PLASTER FNISH

RT - ROOF TILE

MA - METAL AWNING

GR - GLASS RAILING

MR - METAL RAILING

W - VINYL WINDOW

D - SLIDING DOOR SYSTEM

F - NEW FASCIAS TO MATCH EXISTING

A - BUILDING ADDRESS (EXISTING

LOCATION)
* LANDSCAPE FOR CONTEXT ONLY. FOR

ACTUAL LANDSCAPING -PLEASE SEE
L.1-L.8
365

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 8’ 16’ 32’
PROPOSED EXTERIOR ELEVATION & PERSPECTIVE A-3.3
WEST
LEVEL 1
11'-0" 11'-0"
LEVEL 2
T.O.PLATE T.O.PLATE
35'-2 1/2" 18'-11 1/2"
48'-0"
1'-2 1/2"
8'-2 1/2"
10'-1/2" 33'-3" 33'-8"
76'-11 1/2"
19'-5" 25'-3"
35'-0"
33'-0"
MPOE & POOL EQUIP. ENTRY (BEYOND) CLUBROOM STAIR

COVERED DECK

FITNESS OPEN DECK

KEY MAP
1 2
UNITS
1) WEST ELEVATION
2) PERSPECTIVE TOWARDS CLUBROOM
P3 W P1 MA P2 GR F RT D

MATERIAL LEGEND

P - PLASTER FNISH

RT - ROOF TILE

MA - METAL AWNING

GR - GLASS RAILING

MR - METAL RAILING

W - VINYL WINDOW

D - SLIDING DOOR SYSTEM

F - NEW FASCIAS TO MATCH EXISTING
* LANDSCAPE FOR CONTEXT ONLY. FOR

ACTUAL LANDSCAPING -PLEASE SEE
L.1-L.8
366

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
0’ 8’ 16’ 32’
PROPOSED EXTERIOR ELEVATION & PERSPECTIVE A-3.4
SOUTH
LEVEL 1
11'-0" 11'-0"
LEVEL 2
T.O.PLATE T.O.PLATE
LEVEL 1
11'-0" 11'-0"
LEVEL 2
T.O.PLATE T.O.PLATE
35'-2 1/2" 18'-11 1/2"
48'-0"
1'-2 1/2"
8'-2 1/2"
10'-1/2" 33'-3" 33'-8"
76'-11 1/2"
19'-5" 25'-3"
2'-0"
5' MAX
1'-0"
7'-0"
35'-0" 35'-0"
33'-0"
33'-0"

KEY MAP
1 2
UNITS

UTILITY CO-WORK SPACE RESTROOM & SHOWERS LOBBY CLUBROOM COVERED BBQ AREA (BEYOND)

OPEN DECK COVERED DECK
FITNESS 1 FITNESS 1 FITNESS 2
(BEYOND)
1) SOUTH ELEVATION
2) PERSPECTIVE TOWARDS AMENITIES
P3 D MA P1 W GR P2 F RT MR

MATERIAL LEGEND

P - PLASTER FNISH

RT - ROOF TILE

MA - METAL AWNING

GR - GLASS RAILING

MR - METAL RAILING

W - VINYL WINDOW

D - SLIDING DOOR SYSTEM

F - NEW FASCIAS TO MATCH EXISTING
* LANDSCAPE FOR CONTEXT ONLY. FOR

ACTUAL LANDSCAPING -PLEASE SEE
L.1-L.8
367

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
PERSPECTIVE A-3.5

OVERALL FROM ENTRY COURT
368

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
PERSPECTIVE A-3.6

OVERALL FROM CITY LIGHTS DR
369

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

SITE DEVELOPMENT PERMIT
AUGUST 1, 2022
MATERIALS A-5.1
P - Plaster - Omega or Equal
MA - Metal Awning GR - Glass Railing - TBD
RT - Eagle Roofing - Bel Air - 4671 Village Blend or Equal W - Vinyl Window - Millgard - Tuscany Series
D - Folding Door System - TBD
MR - Metal Railing - TBD
SW 7140 SNOWBERRY
SW 7069 IRON ORE
SW 7069 IRON ORE
SW 7069 IRON ORE

BRONZE ANODIZED
SW 7074 SOFTWARE
SW 6254 LAZY GRAY
1 2
3 370

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
L.1

NEW FIRESIDE LOUNGE
• fire pit
• soft seating
• decorative tile ‘carpet’
• festival lights above

NEW OUTDOOR LOUNGE
• lounge seating
• pottery

ENTRY COURT
• existing fountain
• concrete

L E A S I N G

C L U B R O O M
0’ 8’ 16’ 32’

GROUND LEVEL LANDSCAPE SITE PLAN

NEW OUTDOOR DINING
• bbq (2)
• dining tables w/ umbrellas
• pottery
• festival lights above
• fruitless olive tree with cobble below

NEW FORECOURT
• concrete
• pottery with succulents

NEW TUBULAR
STEEL GATE with (2)

ASSISTED RESCUE
SPACES

NEW STEPS TO ACCESS
R.O.W.

EXISTING TREES TO
REMAIN

ICONIC POOL

FURNITURE
• tbd

CO-WORK SPACE

ENTRY DRIVE
PARCEL

LOCKERS
W

P O O L
E Q U I P. M
*
*

C I T Y L I G H T S
DRIVE

LIMIT OF WORK

EXISTING

PLANTER WALL

EXISTING WALL &
FENCE

SHADE STRUCTURE
• group cabanas (2)
• lounge furnishings
• new deck

POOL DECK
• concrete
• pottery

EXISTING SPA
• new 12” wide precast coping
• new waterline tile
• new plaster
• new handrail/ powder coat black

NEW STEPS
• decorative tile
riser

EXISTING KING PALM TO BE BOXED AND

TRANSPLANTED

LIMIT OF WORK

EXISTING DATE PALMS TO BE

TRANSPLANTED
(existing date palms are located in
pool courtyard)

NEW GLASS POOL GATE

EXISTING POOL
• new 12” wide precast concrete coping
• new waterline tile
• new plaster
371

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
L.2 0’ 4’ 8’ 16’

ROOFDECK ENLARGEMENT
THE HANGOUT • sit-up bar • counter w/ sink, fridge, and kegerator
• wall mounted TV • dining tables • pendant lights • pottery LOUNGE • pottery • lounge seating
FITNESS TERRACE • synthetic turf • soft seating
PAVING
• concrete
TERRACE LOUNGE • lounge seating • pottery

F I T N E S S

STORAGE BREAK
ROOM

F I T N E S S

CITY LIGHTS DRIVE
372

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
L.3

L E A S I N G

C L U B R O O M
0’ 8’ 16’ 32’

FENCE PLAN

CO-WORK SPACE

ENTRY DRIVE
PARCEL

LOCKERS
W

P O O L
E Q U I P. M
*
*
*

C I T Y L I G H T S
DRIVE

EXISTING TUBULAR STEEL

POOL GATE

A TUBULAR STEEL GATE (DESIGN TO MATCH EXISTING POOL GATE) 5'-6" MIN. HIGH
MIN. 42" - MAX. 44"
10"
2'-2"
MATCH EXISTING HEIGHT. 5'-6" MIN.
2 1
2" 2' 3'
21 2"
3'-6"
2"
6'

B GLASS POOL ENCLOSURE GATE
5'-6" MIN. HIGH
8' o.c.
36"
GATE
24" CLR.

MIN. STRIKE
5'-6"
Residence Only
5'
48"
5'-8"
* NEW 5’-6” HIGH

GLASS POOL

ENCLOSURE
NEW 5’-6” HIGH GLASS POOL

ENCLOSURE
NEW 5’-6” HIGH GLASS

POOL ENCLOSURE

EXISTING

PLANTER WALL

EXISTING WALL &
FENCE
COLOR: SW 7069

IRON ORE
NOTE: NO WALL OR GATE WILL EXCEED 8’ IN HEGHT

EXISTING TUBULAR STEEL

POOL FENCE
NEW 5’-6” HIGH TUBULAR

STEEL FENCE
NEW 5’-6” HIGH GLASS POOL ENCLOSURE
NEW 5’-6” HIGH TUBULAR

STEEL GATE
373

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
L.4

L E A S I N G

C L U B R O O M
0’ 8’ 16’ 32’

CIRCULATION PLAN

PEDESTRIAN GATE

ACCESSIBLE PEDESTRIAN PATH OF TRAVEL
EXIT TO R.O.W. (STEPS)
LEGEND

CO-WORK SPACE

ENTRY DRIVE
PARCEL

LOCKERS
W

P O O L
E Q U I P. M

C I T Y L I G H T S
DRIVE
*
*
*
374

PAVING - PORCELAIN DECO TILE

DECORATIVE COBBLE COLORED CONCRETE PAVING PAVING - PORCELAIN DECO TILE

WATERLINE TILE DECKING

BBQ COUNTERTOP SLAB

SYNTHETIC TURF

ZELLIGE BBQ VENEER ZELLIGE BBQ VENEER

STEP TILES

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
MATERIALS IMAGERY L.5
NOTE: REPRESENTATIVE OF MATERIALS TO BE USED.

CHANGES MAY BE INCORPORATED DURING THE

PERMITTING PROCESS
375

TREES BOTANICAL NAME COMMON NAME SIZE QTY

ARCHONTOPHOENIX
CUNNINGHAMIANA KING PALM MULTI-TRUNK 36"BOX 2
DRACAENA MARGINATA RED EDGED DRACAENA 36"BOX 3
OLEA EUROPAEA 'SWAN HILL' TM SWAN HILL OLIVE 48"BOX 2

PHOENIX DACTYLIFERA
'MEDJOOL' RELOCATED DATE PALM TRANSPLANTED 7
STRELITZIA NICOLAI GIANT BIRD OF PARADISE 24"BOX 21

TREE AND PALM LEGEND

TREES BOTANICAL NAME COMMON NAME SIZE QTY

ARCHONTOPHOENIX
CUNNINGHAMIANA KING PALM MULTI-TRUNK 36"BOX 2
DRACAENA MARGINATA RED EDGED DRACAENA 36"BOX 3
OLEA EUROPAEA 'SWAN HILL' TM SWAN HILL OLIVE 48"BOX 2

PHOENIX DACTYLIFERA
'MEDJOOL' RELOCATED DATE PALM TRANSPLANTED 7
STRELITZIA NICOLAI GIANT BIRD OF PARADISE 24"BOX 21

TREE AND PALM LEGEND

ALL PLANTED AREAS TO BE IRRIGATED WITH AN APPROVED AUTOMATIC UNDERGROUND DRIPPER IRRIGATION SYSTEM. THIS WATER CONSERVING IRRIGATION SYSTEM WILL NE

DESIGNED TO MAKE EFFICIENT USE OF WATER THRU CONSERVATION TECHNIQUES, HIGH

EFFICIENCY EQUIPMENT, PLANT HYDROZONES AND SHALL BE IN COMPLIANCE WITH THE CITY'S WATER CONSERVATION ORDINANCE.

IRRIGATION NOTE:

ALL ABOVE-GROUND UTILITIES INCLUDING BACKFLOW DEVICES AND TRANSFORMERS WILL BE

SCREENED WITH A DENSE PLANTING HEDGE TO MITIGATE VIEWS OF THE UTILITIES FROM THE PUBLIC REALM AS REQUIRED BY THE CITY OF VALLEJO ORDINANCE.

UTILITY SCREENING NOTE:

ALOE STRIATA 5 GAL
ACACIA COGNATA ' COUSIN ITT' 5 GAL

CORAL ALUE

RIVER WATTLE
ASPARAGUS DENSIFLORUS 'MYERS' MYERS ASPARAGUS 5 GAL
AGAVE ATTENUATA 'NOVA' NOVA AGAVE 15 GAL
PROPOSED SHRUB LIST for COMMON AREAS
ALL PROPOSED SHRUBS will be COMPLIANT with CITY OF ALISO VIEJO LANDSCAPE STANDARDS and GUIDELINES, CAL GREEN REQUIREMENTS FOR WATER CONSERVING and NON-INVASIVE AS DEFINED BY IPC.

SHRUBS and GROUNDCOVER
Low
Low
BOUGAINVILLEA x 'ROSENKA' BOUGAINVILEA 5 GAL Low
CALLISTEMON CITRINUS 'LITTLE JOHN' GREEN BEAUTY BOXWOOD 5 GAL Low CARISSA MACROCARPA 'GREEN CARPET' GREEN CARPET NATAL PLUM 5 GAL DIANELLA TASMANICA 'VARIEGATA' FLAX LILY 5 GAL
FESTUCA GLAUCA 'ELIJAH BLUE' BLUE FESCUE 1 GAL Low
GREVILLEA X 'NOELLII' GREVILLEA 5 GAL Low
HEMEROCALLIS X 'STARBURST' EVERGREEN DAYLILY 5 GAL
HESPERALOE PARVIFLORA RED YUCCA 5 GAL Low
KNIPHOFIA UVARIA 'MALIBU YELLOW' MALIBU YELLOW TORCH LILY 5 GAL Low LEUCADENDRON X 'SAFARI SUNSET' CONEBUSH 15 GAL Low
LIGUSTRUM TEXANUM (COLUMNS) TEXAS PRIVET 15 GAL
LOMANDRA LONGIFOLIA 'BREEZE' DWARF MAT RUSH 1 GAL
MAHONIA X 'SOFT CARESS' SOFT CARESS MAHONIA 5 GAL
MUHLENBERGIA CAPILLARIS 'REGAL MIST' MUHLY GRASS 5 GAL Low PHILODENDRON SELLOUM SPLIT LEAF PHILODENDRON 5 GAL
PHILODENDRON X 'XANADU' PHILODENDRON 5 GAL
PITTOSPORUM TENUIFOLIUM 'SILVER SHEEN' TAWHIWHI 15 GAL
PITTOSPORUM TOBIRA 'WHEELER'S DWARF' DWARF MOCK ORANGE 5 GAL Low RHAPHIOLEPIS INDICA INDIAN HAWTHORN 5 GAL Low
RHAMNUS CALIFORNICA 'EVE CASE' COFFEEBERRY 5 GAL Low
ROSA X 'RED CARPET' CARPET ROSE 5 GAL
ROSMARINUS OFFICINALIS 'PROSTRATUS' DWARF ROSEMARY 5 GAL Low WESTRINGIA FRUTICOSA 'WYNABBIE GEM' COAST WESTRINGIA 15 GAL Low CHONDROPETALUM TECTORUM CAPE RUSH 5 GAL Low
ALOE PLICATILIS FAN ALOE 15 GAL Low
ARBUTUS UNEDO 'COMPACTA' DWARF STRAWBERRY TREE 5 GAL Low CALAMAGROSTIS X A. 'KARL FOERSTER' FEATHER REED GRASS 5 GAL CRASSULA ARBORESCENS 'BLUE WAVES' SILVER DOLLAR PLANT 5 GAL Low DIANELLA REVOLUTA 'LITTLE REV' LITTLE REV DIANELLA 1 GAL ECHEVERIA X 'AFTERGLOW' AFTERGLOW ECHEVERIA 1 GAL Low
LOMANDRA L. 'PLATINUM BEAUTY' PLATINUM BEAUTY LOMANDRA 5 GAL OLEA EUROPAEA 'LITTLE OLLIE' LITTLE OLLIE OLIVE 15 GAL Low SENECIO M. 'BLUE CHALK STICKS' SENECIO 1 GAL Low
SESLERIA AUTUMNALIS AUTUMN MOOR GRASS 1 GAL Low
JUNCUS PATENS CALIFORNIA GRAY RUSH 1 GAL Mod.

Mod.

CITY OF ALISO VIEJO NOTE:

1. TREES WILL BE A MINIMUM OF 8'-0" IN HEIGHT AT THE TIME OF PLANTING.

2. PLANT PALETTE TO BE CONSISTENT WITH AV MUNICIPAL CODE SECTION 15.16 DROUGHT TOLERANT PLANT MATERIAL. AT BUILDING PERMIT PLANTING PLAN TO BE SUBMITTED AND APPROVED BY THE DIRECTOR PRIOR TO APPROVAL.

TREE HEIGHT NOTE:

ALL TREES TO BE MINIMUM OF 8’ AT TIME
OF PLANTING.

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
PRELIMINARY PLANTING PLAN L.6 0’ 8’ 16’ 32’

EXISTING KING PALM
• PROTECT IN PLACE

EXISTING STREET TREE

EXISTING SYCAMORE PROTECT-IN-PLACE

EXISTING QUEEN PALM

EXISTING DATE PALM
• PROTECT IN PLACE

RELOCATED TRIPLE TRUNK KING PALM

RELOCATED DATE PALMS

EXISTING TREE
• PROTECT IN PLACE

EXISTING DATE PALM
• PROTECT IN PLACE
• RELOCATED DOUBLE KING PALM
• RELOCATED TRIPLE TRUNK KING PALM

EXISTING KING PALM
• PROTECT IN PLACE

EXISTING TRIPLE TRUNK KING PALM
• PROTECT IN PLACE

CITY LIGHTS DRIVE
376

ARCHOTOPHOENIX CUNNINGHAMIANA
KING PALM (triple trunk)

DRACENA DRACO

DRAGON TREE

PHOENIX DACTYLIFERA

DATE PALM

DRACAENA MARGINATA

MADAGASCAR DRAGON TREE

HOWEA FORSTERIANA

KENTIA PALM

STRELITZIA NICOLAI

GIANT BIRD OF PARADISE
OLEA EUROPAEA ‘SWAN HILL’

SWAN HILL OLIVE

FICUS LYRATA

FIDDLE-LEAF FIG

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
PLANTING IMAGERY L.7
377

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
L.8

PITTOSPORUM TENUIFOLIUM
‘GOLF BALL’

TAWHIWHI

SENECIO DECARYI

MADAGASCAR SENECIO
AEONIUM X ‘SUNBURST’

AEONIUM
CRASSULA ‘BLUE WAVES’

SILVER DOLLAR PLANT
ECHEVERIA X ‘AFTERGLOW’

AFTERGLOW ECHEVERIA

EUPHORBIA CHARIAS WULFENII

EVERGREEN SPURGE

TRACHELOSPERMUM JASMINOIDES

CHINESE STAR JASMINE

TIBOUCHINA URVILLEANA

PRINCESS FLOWER

BUXUS MICROPHYLLA JAPONICA
‘GREEN BEAUTY’

GREEN BEAUTY BOXWOOD

CHONDROPETALUM TECTORUM
‘EL CAMPO’

CAPE RUSH
AGAVE ATTENUATA ‘NOVA’

BLUE CONE
DIANELLA REVOLUTA ‘LITTLE REV’

LITTLE REV DIANELLA
FURCRAEA FOETIDA ‘MEDIOPICTA’

VARIEGATED MAURITIUS HEMP
LEUCADENDRON X ‘SARARI SUNSET’

CONEBUSH
OLEA EUROPAEA ‘LITTLE OLLIE’

LITTLE OLLIE OLIVE
PITTOSPORUM CRASSIFOLIUM ‘NANA’

KARO PITTOSPORUM

STRELITZIA REGINAE

BIRD OF PARADISE

FATSIA JAPONICA

JAPANESE FATSIA

PLANTING IMAGERY
378
DROUGHT TOLERANT PLANTING (MIN. 50%) 7,396 SF (70%)
(classified wucols low)
TOTAL SITE AREA FOR LANDSCAPE REHABILITATION: 31, 426 SF

WATER USE CALCULATIONS
OTHER PLANTING AREAS 3,075 SF (30%)
(classified wucols moderate and low)
TOTAL PLANTING AREA: 10,471 SF

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
PLANTING WATER USE EXHIBIT L.9 0’ 8’ 16’ 32’

CITY LIGHTS DRIVE
379

CITY LIGHTS

ALISO VIEJO, CALIFORNIA
TCA # 2019-012

AVCA SUBMITTAL
JULY 29, 2022
PRELIMINARY LIGHTING PLAN L.10 0’ 8’ 16’ 32’

MATCHLINE SEE BELOW

MATCHLINE SEE ABOVE

THE OUTDOOR LIGHTING CONCEPT IS TO PROVIDE LEVELS OF LIGHTING SUFFICIENT TO MEET SAFETY AND ORIENTATION NEEDS.

WITHIN PUBLIC AREAS LIGHTING WILL BE WARM COLORED AND UNOBTRUSIVE. LIGHT SOURCES WILL BE TUNGSTEN OR METAL HALIDE.

LIGHTING SOURCES FOR THE LANDSCAPE AND PAVED AREAS WILL BE CONCEALED AND THE LIGHTING INDIRECT NOT VISIBLE FROM A PUBLIC VIEWPOINT. LIGHT SOURCES SHOULD BE DIRECTED SO THAT IT DOES NOT FALL OUTSIDE THE AREA TO BE LIGHTED.

ALL EXTERIOR SURFACE AND ABOVE-GROUND MOUNTED FIXTURES WILL BE SYMPATHETIC AND COMPLIMENTARY TO THE ARCHITECTURAL THEME.

LIGHTING CONCEPT:

EXTERIOR LIGHTING LEGEND
SYMBOL TYPE/TECHNIQUE: LOCATION:

BULLET SPOT UPLIGHT ACCENT TREES/PALMS

OVERHEAD FESTIVAL

LIGHTING
ATTACHED TO BUILDING and DATE PALM.

MINIMUM 12' ABOVE FINISH SURFACE

BUILDING MOUNTED
SCONCE

FINAL LOCATIONS TO BE SELECTED BY

ARCHITECT
POOL CABANAS / ARCHITECTURE. FIXTURE

CEILING LIGHT WILL NOT PRODUCE OFF-SITE GLARE

BOLLARD PEDESTRIAN WALKWAYS/POOL DECK

CABANA MOUNTED
SCONCE

POOL CABANA

WALL MOUNTED LOUVER
LIGHT
STEPS

DURING THE FINAL BUILDING PERMIT PROCESS A FINAL LIGHTING PLAN SHALL BE PROVIDED

IDENTIFYING THE TYPE, LOCATION AND HEIGHT OF PROPOSED LIGHTING FIXTURES, WITH AN

ASSOCIATED PHOTOMETRIC ANALYSIS SHOWING LIGHTING ILLUMINATION LEVELS AND SPILL OVER. .

FINAL LIGHTING PLAN SHALL CONFORM TO THE PROVISIONS OF APPENDIX A OF ALISO VIEJO

MUNICIPAL CODE AND SHALL BE REVIEWED AND APPROVED BY THE PLANNING DIRECTOR AND

THE POLICE SERVICES DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT I. ALL EXTERIOR COMMON AREA PEDESTRIAN WALKWAYS AND RECREATION AREAS SHALL BE

ILLUMINATED WITH A MINIMUM MAINTAINED ONE
-FOURTH FOOT-CANDLE OF LIGHT AND

MAXIMUM OF TWO FOOT-CANDLE OF LIGHT AT GROUND LEVEL DURING THE HOURS OF DARKNESS.

II. OPEN STAIRWAYS AND ENCLOSED COMMON AREA CORRIDORS SHALL BE ILLUMINATED WITH A

MINIMUM MAINTAINED ONE FOOT-CANDLE OF LIGHT ON ALL LANDINGS AND STAIR TREADS DURING THE HOURS OF DARKNESS. ENCLOSED STAIRWAYS SHALL BE ILLUMINATED AT ALL

TIMES WITH A MINIMUM MAINTAINED ONE FOOT-CANDLE OF LIGHT ON ALL LANDINGS AND STAIR TREADS.

III. RECESSED AREAS OF BUILDING OR FENCES, WHICH HAVE A MINIMUM DEPTH OF TWO FEET, A

MINIMUM HEIGHT OF FIVE FEET, AND DO NOT EXCEED SIX FEET IN WIDTH AND ARE CAPABLE OF

HUMAN CONCEALMENT, SHALL BE ILLUMINATED WITH A MINIMUM MAINTAINED ONE-HALF FOOTCANDLES OF LIGHT AT GROUND LEVEL DURING THE HOURS OF DARKNESS. THIS

REQUIREMENT APPLIES TO DEFINED RECESSED AREAS WHICH ARE WITHIN SIX FEET OF THE

EDGE OF A DESIGNATED WALKING SURFACE WITH AN UNOBSTRUCTED PATHWAY TO IT, NOT HINDERED BY WALLS OR HEDGE ROW LANDSCAPING A MINIMUM OF TWO FEET IN HEIGHT. THE LIGHT SOURCE MAY BE MOTION DETECTORS USING A PHOTOCELL DEVICE.

IV. ACCESSIBLE LUMINAIRES UTILIZED TO MEET THE REQUIREMENTS OF THIS SECTION SHALL

HAVE VANDAL RESISTANT LIGHT FIXTURES AND BE NOT LESS THAN THREE FEET IN HEIGHT FROM THE WALKING SURFACE WHEN USED TO ILLUMINATE WALKWAYS AND A MINIMUM OF 78

INCHES IN HEIGHT ABOVE THE DRIVING SURFACE WHEN ILLUMINATING SURFACES ASSOCIATED WITH VEHICLES. LIGHT FIXTURES SHALL BE DEEMED ACCESSIBLE IF MOUNTED WITHIN 15 FEET VERTICALLY OR SIX FEET HORIZONTALLY FROM ANY ACCESSIBLE SURFACE OR ANY ADJOINING ROOF, BALCONY, LANDING, STAIR TREAD, PLATFORM OR SIMILAR STRUCTURE.

V. THE LIGHT SOURCE SHALL BE CONTROLLED BY A PHOTOCELL DEVICE OR A TIME CLOCK WITH AN ASTRONOMIC FEATURE.

CITY OF ALISO VIEJO NOTES:

SOURCES WILL BE TUNGSTEN OR METAL HALIDE.

ALL EXTERIOR SURFACE AND ABOVE-GROUND MOUNTED FIXTURES WILL BE SYMPATHETIC AND COMPLIMENTARY TO THE ARCHITECTURAL THEME.

DURING THE FINAL BUILDING PERMIT PROCESS A FINAL LIGHTING PLAN SHALL BE PROVIDED

IDENTIFYING THE TYPE, LOCATION AND HEIGHT OF PROPOSED LIGHTING FIXTURES, WITH AN

ASSOCIATED PHOTOMETRIC ANALYSIS SHOWING LIGHTING ILLUMINATION LEVELS AND SPILL OVER. .

FINAL LIGHTING PLAN SHALL CONFORM TO THE PROVISIONS OF APPENDIX A OF ALISO VIEJO

MUNICIPAL CODE AND SHALL BE REVIEWED AND APPROVED BY THE PLANNING DIRECTOR AND

THE POLICE SERVICES DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT I. ALL EXTERIOR COMMON AREA PEDESTRIAN WALKWAYS AND RECREATION AREAS SHALL BE

ILLUMINATED WITH A MINIMUM MAINTAINED ONE-FOURTH FOOT-CANDLE OF LIGHT AND