1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, MARCH 01, 2023
6:00 PM CLOSED SESSION
7:00 PM REGULAR MEETING
City Hall
Council Chambers
12 Journey
Aliso Viejo, CA
Mayor Richard W. Hurt
Mayor Pro Tem Mike Munzing
Councilmember Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan
WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.
It is the City’s intentio n to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102- 35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425- 2505 at least 48 hours prior to the meeting.
Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Friday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk’s office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.
This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U - Verse Channel 99, and can be viewed on the internet at www.avcity.org.
DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ
CITY MANAGER CITY ATTORNEY CITY CLERK
1 2
PLEASE SILENCE ALL CELL PHONES AND OTHER
ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION
CALL TO ORDER: CONVENE SPECIAL MEETING
PUBLIC COMMENTS:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of potential cases: 1
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager and City Attorney Unrepresented Employees: All Employees
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1. PROCLAMATION - RED CROSS MONTH
Proclamation
1.2. RECOGNITION OF CAPTAIN SCOTT MERRILL
1.3. RECOGNITION OF ALISO VIEJO PTSA AND PTA PRESIDENTS Certificates of Recognition
1.4. BUSINESS OF THE MONTH - GREATER PERCEPTION SERVICES, INC.
Certificate of Recognition
2 3
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3. COMMUNITY INPUT:
Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed. Comments are limited to three (3) minutes per speaker.
4. CONSENT CALENDAR:
All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.
4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the February 1, 2023 Regular Meeting.
Draft Minutes - February 1, 2023 Regular Meeting
4.3. SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND SECTION
15.14.080 OF THE ALISO VIEJO MUNICIPAL CODE REGARDING ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
Recommended Action: Conduct second reading and adopt an Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AMENDING SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
Staff Report
Attachment 1 - Ordinance
4.4. ACCOUNTS PAYABLE
Recommended Action:
1. Ratify accounts payable checks and electronic funds transfers issued on February 2, 2023, in the amount of $398,677.02; and
2. Ratify accounts payable checks and electronic funds transfers issued on February 16, 2023, in the amount of $1,352,075.70.
3 4
Staff Report
Attachment 1 - Accounts Payable Report
4.5. TREASURER'S STATEMENT - JANUARY 2023
Recommended Action: Receive and file the January 2023 Treasurer’s Statement.
Staff Report
Attachment 1 - Jan. 2023 Treasurer's Statement
4.6. RESOLUTION ENDING THE PROCLAMATION OF LOCAL EM ERGENCY FOR THE COVID-19 PANDEMIC
Recommended Action: Adopt a Resolution to end the Proclamation of Local Emergency for the COVID-19 pandemic.
Staff Report
Attachment 1 - Resolution
4.7. PROFESSIONAL SERVICES AGREEMENT WITH ATLAS PLANNING SOLUTIONS
FOR LOCAL HAZARD MITIGATION PLAN DEVELOPMENT
Recommended Action:
1. Approve an agreement with Atlas Planning Solutions to develop the City’s original Local Hazard Mitigation Plan;
2. Authorize the City Manager to execute a professional services agreement with Atlas Planning Solutions for $66,100; and
3. Authorize the appropriation of $93,750 in grant funding to the Fiscal Year 2022- 23 budget.
Staff Report
Attachment 1 - Request for Proposal
Attachment 2 - Atlas Planning Solutions Proposal
Attachment 3 - Agreement
4.8. RELEASE OF BONDS FOR THE LANDSCAPING IMPROVEMENTS FOR THE 1 -5
POLARIS WAY LANDSCAPING CONSTRUCTION PROJECT
Recommended Action: Adopt a Resolution exonerating Landscaping Surety Bond No.
CAC720515 for the 1-5 Polaris Way Landscaping Construction Project.
Staff Report
Attachment 1 - Resolution
5. PUBLIC HEARINGS:
5.1. CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT FOR A NEW
RESTAURANT WITH FULL ALCOHOL SERVICE (FENNEL MEDITERRANEAN KITCHEN AND BAR) AT 26611 ALISO CREEK ROAD, SUITE A
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
3. Adopt a Resolution approving a Conditional Use Permit and Site Development 4 5
Permit to allow a 48 -seat restaurant with full alcohol service (Fennel Mediterranean Kitchen and Bar) and to enclose an outdoor patio area at 26611 Aliso Creek Road Suite A.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Project Description
Attachment 3 - Project Plans
Attachment 4 - Police Services Report
Attachment 5 - Presentation
6. DISCUSSION:
6.1. RESOLUTION OF SUPPORT FOR THE IRANIAN AMERICAN COMMUNITY Recommended Action: Consider adoption of a Resolution declaring support for the Iranian American community and supporting sanctions against Iranian individuals and entities responsible for human rights violations in Iran.
Staff Report
Attachment 1 - Resolution
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is March 15, 2023.
5 Proclamation
Red Cross Month – March 2023
WHEREAS, during American Red Cross Month in March, we celebrate the humanitarian spirit of Aliso Viejo and reaffirm our commitment to help ensure no one faces a crisis alone; and
WHEREAS, caring for one another is at the heart of our community and exemplified by the people of Aliso Viejo whose simple acts of kindness through the Red Cross provide help and hope in people’s most difficult moments — continuing the lifesaving legacy of Clara Barton, who founded the organization more than 140 years ago to prevent and alleviate human suffering; and
WHEREAS, every day, these ordinary individuals lend a helping hand to make an extraordinary difference for neighbors in need — whether it’s providing emergency shelter, food and comfort for families displaced by home fires and other disasters; donating lifesaving blood for cancer patients, accident vi ctims, and people with sickle cell disease and other life-threatening conditions; supporting military members and veterans, along with their families and caregivers, through the unique challenges of service; using vital skills like first aid and CPR to help others survive medical emergencies; or delivering international humanitarian aid and reconnecting loved ones separated by crises around the world; and
WHEREAS, their support, volunteerism and generous donations are critical to our community’s resilience. We hereby recognize this month of March in honor of all those who fulfill Clara Barton’s noble words, “You must never think of anything except the need and how to meet it,” and ask everyone to join in this commitment; and
NOW, THEREFORE BE IT RESOLVED , that the Aliso Viejo City Council does hereby proclaim the month of March 2023 as Red Cross Month in the City of Aliso Viejo and urges residents to reach out and support its humanitarian mission.
Dated this 1st day of March, 2023
___________________________
Richard W. Hurt, Mayor
6 Certificate of Recognition
Presented to
Kelly Smith
PTSA President
Aliso Niguel High School
In honor of your outstanding
volunteerism and continued dedication to
the youth in the community.
Presented this 1st day of March, 2023
Richard Hurt, Mayor
7 Certificate of Recognition
Presented to
Veronica Yap
PTSA President
Don Juan Avila Middle School
In honor of your outstanding
volunteerism and continued dedication to
the youth in the community.
Presented this 1st day of March, 2023
Richard Hurt, Mayor
8 Certificate of Recognition
Presented to
Kelly Wilson
PTSA President
Aliso Viejo Middle School
In honor of your outstanding
volunteerism and continued dedication to
the youth in the community.
Presented this 1st day of March, 2023
Richard Hurt, Mayor
9 Certificate of Recognition
Presented to
Katie Donnelly
PTA President
Don Juan Avila Elementary School
In honor of your outstanding
volunteerism and continued dedication to
the youth in the community.
Presented this 1st day of March, 2023
Richard Hurt, Mayor
10 Certificate of Recognition
Presented to
Kimberly Goering
PTA President
Oak Grove Elementary School
In honor of your outstanding
volunteerism and continued dedication to
the youth in the community.
Presented this 1st day of March, 2023
Richard Hurt, Mayor
11 Certificate of Recognition
Presented to
Samantha Tarr
PTA President
Wood Canyon Elementary School
In honor of your outstanding
volunteerism and continued dedication to
the youth in the community.
Presented this 1st day of March, 2023
Richard Hurt, Mayor
12 Certificate of Recognition
Presented to
Tracy Brown
PTA President
Canyon Vista Elementary School
In honor of your outstanding
volunteerism and continued dedication to
the youth in the community.
Presented this 1st day of March, 2023
Richard Hurt, Mayor
13 Certificate of Recognition
Presented to
GREATER PERCEPTION
SERVICES, INC.
Aliso Viejo
Business of the Month
March 2023
Presented this 1st day of March, 2023
Richard W. Hurt, Mayor
14
Regular Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
REGULAR MEETING
February 1, 2023, 7:00 PM
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Hurt called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:03 p.m.
ROLL CALL:
PRESENT: MAYOR RICHARD W. HURT
MAYOR PRO TEM MIKE MUNZING
COUNCILMEMBER ROSS CHUN
COUNCILMEMBER MAX DUNCAN
ABSENT: COUNCILMEMBER TIFFANY ACKLEY
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
RYAN STAGER, DEPUTY CITY ATTORNEY
MATTHEW RICHARDSON, DEPUTY CITY ATTORNEY ( arrived at 7:40 p.m.)
MITZI ORTIZ, CITY CLERK
SHAUN PELLETIER, PUBLIC WORKS DIRECTOR
SO KIM, COMMUNITY DEVELOPMENT DIRECTOR
LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER
ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. ALAN VILLANUEVA, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Councilmember Chun led the pledge of allegiance.
1. SPECIAL PRESENTATIONS:
1.1. RECOGNITION OF ALISO VIEJO LITTLE LEAGUE - 8- 10 YEAR OLD DISTRICT 55 AND SECTION 10 CHAMPIONS
Mayor Hurt presented the certificates of recognition to Team Manager Ryan Johnson. Mr.
Johnson expressed his appreciation.
1.2. RECOGNITION OF ALISO VIEJO LITTLE LEAGUE - 9- 11 YEAR OLD DISTRICT 55 AND SECTION 10 CHAMPIONS
Mayor Hurt presented the certificates of recognition to Team Manager Nadim Najm. Mr.
Najm expressed his appreciation.
15
Regular Meeting Minutes
1.3. RECOGNITION OF ALISO VIEJO LITTLE LEAGUE - LITTLE LEAGUE DISTRICT 55
CHAMPIONS
Mayor Hurt presented the certificates of recognition to Team Manager Chuck Alderman.
Mr. Alderman expressed his appreciation.
1.4. PROCLAMATION - BLACK HISTORY MONTH
Mayor Hurt presented the proclamation toSt. Mary’s School Trustee Member Kelly Garrett Zeigler. Ms. Zeigler expressed her appreciationand commented on the importance of the designation.
1.5. INTRODUCTION OF CHIEF OF POLICE SERVICES CAPTAIN ALAN VILLANUEVA City Manager David Doyle introduced Chief of Police Services Captain Alan Villanueva .
Captain Villanueva expressed his appreciation for the welcome.
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
Deputy City Attorney Ryan Stager requested the addition of the following Closed Session item:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of potential cases: 1
due to receipt of a demand letter and threat of litigation under the California Voting Rights Act received on January 31, 2023.
Motion: Councilmember Chun moved and Mayor Pro Tem Munzing seconded to
1. Find that the item arose after the agenda was posted and there’s an immediate need for City Council action; and
2. Approve the addition of the Closed Session item.
Motion carried 4-0-1, with Councilmember Ackley absent.
3. COMMUNITY INPUT:
None.
4. CONSENT CALENDAR:
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
16
Regular Meeting Minutes
Motion: Mayor Pro Tem Munzing moved and Councilmember Chun seconded to approve the recommended actions. Motion carried 4-0-1, with Councilmember Ackley absent.
4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.
4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the January 18, 2023 Special Meeting and the January 18, 2023 Regular Meeting.
4.4. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued January 19, 2023, in the amount of $674,237.83.
4.5. TREASURER’S STATEMENT – DECEMBER 2022
Recommended Action: Receive and file the December 2022 Treasurer’s Statement.
4.6. SEVENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT & ASSOCIATES, INC. TO PROVIDE ECONOMIC DEVELOPMENT
CONSULTING SERVICES
Recommended Action: Approve and authorize the City Manager to execute a Seventh Amendment to the Professional Services Agreement with Kosmont & Associates, Inc. for economic development consulting services to increase the total compensation by an amount not to exceed $15,000.
5. PUBLIC HEARINGS:
5.1. ORDINANCE AMENDING SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
17
Regular Meeting Minutes
City Manager David Doyle introduced Community Development Director So Kim, who provided an overview. Staff responded to questions regarding permit fees, difference between ADUs and JADUs, and state legislation. Mayor Hurt opened the public hearing.
There were no comments. Mayor Hurt closed the public hearing.
Recommended Action:
1. Hold a public hearing and introduce for first reading an Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL
CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA; and
2. Find the Ordinance exempt from the requirements of the California Environmenta l Quality Act pursuant to California Public Resources Code section 21080.17 Motion: Councilmember Munzing moved and Councilmember Duncan seconded to approve the recommended actions. Motion carried 4-0- 1, with Councilmember Ackley absent.
6. DISCUSSION:
6.1. APPOINTMENT OF SCAG GENERAL ASSEMBLY DELEGATE
City Manager David Doyle provided an overview.
Recommended Action: Appoint delegate and alternate for the Southern California Association of Governments (SCAG) General Assembly to be held May 5, 2023.
Motion: Mayor Pro Tem Munzing moved and Mayor Hurt seconded to appoint Councilmember Chun as delegate and Mayor Hurt as alternate. Motion carried 4-0-1, with Councilmember Ackley absent.
7. CITY MANAGER' S REPORT:
City Manager David Doyle wished everyone a happy Valentine’s Day.
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
Councilmember Duncan:
Expressed appreciation to all involved with Aliso Viejo Little League Attended New Mayors and Council Members Academy
Councilmember Chun:
Congratulated Boys & Girls Clubs of Capistrano Valley 2022 Youth of the Year Luis Alva Roman
18
Regular Meeting Minutes
Participated in OCFA ride along
Participated in American Red Cross 2023 Cycle Challenge Expressed appreciation to City staff and the American Red Cross for recent blood drive Attended Aliso Viejo Chamber of Commerce After Hours Event Congratulated Laguna Niguel Mayor Sandy Rains for appointment as OCFA Board of Directors Chair
Attended Soka University event featuring Deputy Leader of the Norwegian Nobel Committee Dr. Asle Toje
Mayor Pro Tem Munzing:
Attended Aliso Viejo Chamber of Commerce After Hours Event Attended Boys & Girls Clubs of Capistrano Valley 2022 Youth of the Year Celebration Mayor Hurt:
Attended Boys & Girls Clubs of Capistrano Valley 2022 Youth of the Year Celebration Attended New Mayors and Council Members Academy
Obtained consensus to consider resolution in support of the Iranian American community at next City Council meeting
Announced appointment as Vice Chair of TCA Joint Capital Programs and Projects Committee and Joint Toll Operations Committee
Encouraged residents to learn more about Black History Month MAYOR HURT RECESSED THE MEETING TO CLOSED SESSION AT 7:41 P.M. AND RECONVENED AT 8:21 P.M.
REPORT FROM CLOSED SESSION:
Deputy City Attorney Matthew Richardson stated no reportable action was taken.
9. ADJOURNMENT: Mayor Hurt adjourned the meeting at 8:21 p.m. to the next regularly scheduled of February 15, 2023.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC RICHARD W. HURT
CITY CLERK MAYOR
19 City of Aliso Viejo
AGENDA ITEM
DATE: March 1, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
Scott C. Smith, City Attorney
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL CODE
REGARDING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE
TO BE EXEMPT FROM CEQA
Recommended Action:
Conduct second reading and adopt an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AMENDING SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
Discussion:
On February 1, 2023, the City Council introduced the subject Ordinance. The Ordinance is now being presented for its second reading and adoption. If adopted, the Ordinance will take effect 30 days after adoption.
Attachment:
1. Ordinance
20
ORDINANCE NO. 2023-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AMENDING SECTION 15.14.080 OF THE ALISO
VIEJO MUNICIPAL CODE RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Aliso Viejo, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, several bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2020, the City Council adopted Ordinance No. 2020-215 to comply with the then-recent changes in state ADU and JADU law; and
WHEREAS, in September 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”); and
WHEREAS, AB 3182, among other things, amended Government Code section 65852.2 to expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and
WHEREAS, in September 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 345 (“AB 345”), which requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26. Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer; and
WHEREAS, in September 2022, the Legislature approved, and the Governor signed into law, Senate Bill 897 (“SB 897”), which imposed further restrictions on local authority to regulate ADUs and JADUs, including with respect to height limits, setbacks, application review and denial procedures, unpermitted structures, and JADU configurations; and WHEREAS, the City’s regulations governing ADUs and JADUs are provided in Section
15.14.080 of the Aliso Viejo Municipal Code (“AVMC”); and 21
WHEREAS, this ordinance (“Ordinance”) updates AVMC Section 15.14.080 to comply with AB 3182, AB 345, and SB 897; and
WHEREAS, on February 1, 2023, the City Council held a duly noticed public hearing to consider the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Aliso Viejo does ordain as follows:
SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the Ordinance is statutorily exempt from CEQA in that the Ordinance implements the State’s ADU law.
SECTION 3. Required Findings. In accordance with Section 15.78.050(E) of the Aliso Viejo Municipal Code, the City Council hereby finds as follows:
1. Public Welfare . Adoption of this Ordinance will not create conditions materially detrimental to the public health, safety, and general welfare as it simply updates the AVMC to comply with state law requirements governing the construction of ADUs and JADUs in the City. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption of which the City Council determined will not create conditions materially detrimental to the public health, safety, and general welfare.
2. General Plan . The Ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).
SECTION 4. Code Amendments. Section 15.14.080 of the Aliso Viejo Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 5 . Effective Date. This Ordinance takes effect 30 days following its adoption.
SECTION 6 . Publication. The City Clerk shall either: (a) have this Ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) 22
have a summary of this Ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.
SECTION 7 . Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.
SECTION 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
PASSED, APPROVED AND ADOPTED this ___ day of _________ 2023.
__________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 23
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2023-___ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ____ day of ______, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2023-___ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held __________, 2023 and that the Summary of the Ordinance was published on __________, 2023 and __________, 2023 in the Laguna Niguel News.
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
24
EXHIBIT “A”
Amended AVMC Section 15.14.080
15.14.080 Accessory dwelling units.
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
B. Effect of Conforming . An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection (C.7) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code Section 18007.
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. 25
4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances;
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size;.
b. It is contained entirely within an existing or proposed single-family structure; An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single- family structure.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in subsection (C.4) above.
6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
26
11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Applications.
1. An application for an ADU that is subject only to a building permit under subsection (E) below shall be submitted to the building division. Site plans, floor plans, elevations, and draft deed restrictions shall be submitted with the application and documents required for submittal to the building division.
2. An application for a development review permit (DRP) under subsection (F) below shall be submitted to the planning division. Site plans, floor plans, elevations, a project narrative, draft deed restrictions, and evidence of having given notice to the HOA, if applicable, shall be submitted with the application.
E. Approvals – Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (H) below, it is allowed with only a building permit in the following scenarios:
1. Converted on Single-family Lot. One ADU as described in this subsection (E.1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code section 65852.22.
2. Limited Detached on Single-family Lot. One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (E.1) above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet; 27
b. The total floor area is 800 square feet or smaller; and c. The peak height above grade does not exceed the applicable height limit in subsection (H.2) below.
3. Converted on Multifamily Lot . One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (E.3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU; and
b. The peak height above grade does not exceed the applicable height limit provided in subsection (H.2) below.
F. Approvals. - Development Review Permit (DRP).
1. Except as allowed under subsection (E) above, no ADU may be created without both a building permit and a DRP permit in compliance with the standards set forth in subsections (H) and (I) below
2. The city may charge a fee to reimburse it for costs incurred in processing DRP permit, including the costs of adopting or amending the city’s ADU ordinance. The DRP-permit processing fee is determined by the planning director and approved by the city council by resolution.
G. Process and Timing.
1. An application to create an ADU or JADU under this section will be considered and approved ministerially, without discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application,.
If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
28
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (G.2) above.
4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
H. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (E) and (F) above:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection (E) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to a DRP permit under subsection (F) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2. Height.
a. Except as otherwise provided by subsections (H.2.b) or (H.2.c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are 29
defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection (H.2.d) may not exceed two stories.
e. For purposes of this subsection (H.2), height is measured above existing legal grade to the peak of the structure.
3. Fire Sprinklers.
a. Fire sprinklers, approved by Orange County Fire Authority (OCFA), are required in an ADU if sprinklers are required in the primary residence when constructed.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic System . If the ADU or JADU will connect to an existing on-site water-treatment system serving the property, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. If the property on which the ADU or JADU is constructed does not utilize an on- site water treatment system, nothing in this section authorizes an ADU or JADU to utilize an on-site water-treatment system.
7. Owner Occupancy.
30
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. As required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction . Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code. 31
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Income Reporting . In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with California Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
10. Building & Safety.
a. Must comply with building code. Subject to subsection (H.10.b) below, all ADUs and JADUs must comply with all local building code requirements.
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H.10.b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
I. Specific DRP Requirements. The following requirements apply only to ADUs that require a DRP permit under subsection (F) above:
32
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection (I) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection (I), such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, open space, or the percentage-based size limit in subsection (I.1.b) above may require the ADU to be less than 800 square feet.
2. Setback. ADUs subject to this subsection (I) shall comply with the following setbacks:
a. Front-yard setbacks.
i. Subject to subsection (I.2.a.ii) below, no part of any ADU subject to this subsection (I) may be located within 10 feet of a front property line or have a front yard setback that is less than the primary dwelling.
ii. If a front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may
encroach into a required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. An ADU that is subject to this subsection (I) must conform to 4-foot side-and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection (I) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. Lot Coverage. No ADU subject to this subsection (I) may cause the total lot coverage of the lot to exceed 75 percent, subject to subsection (I.1.c).
4. Minimum Open Space. For multifamily residential projects, no ADU subject to this subsection (I) may cause the total percentage of open space of the development to fall below 25 percent, subject to subsection (I.1.c). 33
5. Passageway. No passageway, as defined in subsection (C.8) above, is required for an ADU.
6. Parking.
a. Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem parking, as defined in subsection (C.11) above.
b. Exceptions. No parking under subsection (I.6.a) above is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C.10) above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (E.1) above. iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (I.6.b.i) through (I.6.b.v) above.
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces for the primary residence are not required to be replaced. Parking for the ADU will apply under subsections (I.6.a) and (I)(6)(b) above.
7. Architectural Requirements.
a. Windows and doors of the accessory dwelling unit may not have a direct line of sight to an adjoining residential property. Fencing or privacy glass may be used to provide screening and prevent a direct line of sight.
34
b. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
c. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
d. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
e. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
f. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Mechanical equipment may not be placed within four feet of an adjacent property.
8. Landscape Requirements. Trees removed on site for construction of the ADU or to provide parking should be replaced with 24-inch box trees of the same variety.
9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
J. Fees. The following requirements apply to all ADUs that are approved under subsections (E) and (F) above.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (J.1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
35
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection (J.2.a), converted ADUs on a single-family lot that are created under subsection (E.1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection (J.2.a), all ADUs not covered by subsection (J.2.b) require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage- fixture units (DFU) values, as defined by the Uniform
Plumbing Code, upon the water or sewer system.
ii. The portion of the fee charged by the city may not exceed the reasonable cost of providing this service.
K. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was 36
constructed before January 1, 2018, if denial is based on either of the following grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law or this ADU ordinance (section 15.14.080).
b. Exceptions:
i. Notwithstanding subsection (K.2.a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. ii. Subsection (K.2.a) above does not apply to a building that is deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.
L. Nonconforming ADUs and Discretionary Approval . Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (K) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
37 City of Aliso Viejo
AGENDA ITEM
DATE: March 1, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: ACCOUNTS PAYABLE
Recommended Actions:
1. Ratify accounts payable checks and electronic funds transfers issued on February 2, 2023, in the amount of $398,677.02; and
2. Ratify accounts payable checks and electronic funds transfers issued on February 16, 2023, in the amount of $1,352,075.70.
Fiscal Impact:
Expenditures in the amount of $1,750,752.72.
Background:
The City issues accounts payable checks on bi-weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.
Discussion:
The attached register containing checks and electronic funds transfers dated February 2, 2023 through February 16, 2023, for a total of $1,750,752.72, is being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed in accordance with the fiscal year budget by the Director of Financial Services.
Attachment:
1. Accounts Payable Report
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 City of Aliso Viejo
AGENDA ITEM
DATE: March 1, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/City Treasurer SUBJECT: TREASURER’S STATEMENT – JANUARY 2023
Recommended Action:
Receive and file the January 2023 Treasurer’s Statement.
Fiscal Impact:
No Fiscal Impact.
Background:
Per City policy, the Finance Department presents the monthly Treasurer’s Statement for the City Council’s review. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments.
Discussion:
The City’s portfolio consists of investments in Certificates of Deposits, US Treasuries, US Federal Agencies, Corporate Bonds, and Local Agency Investment Fund (LAIF). All funds invested with LAIF are available for withdrawal within 24 hours.
The Treasurer’s Statement provides information regarding the City’s investment portfolio and activity during the reporting month. The City’s investment portfolio is in compliance with all government codes as well as the City’s investment policy. Interest is credited to the City’s bank account monthly and allocated among the City’s funds. The current portfolio provides sufficient cash flow liquidity to meet the upcoming operating expenses and spending requirements for the next 6 months.
Attachment:
1. January 2023 Treasurer’s Statement
55 TREASURER'S MONTHLY CASH STATEMENT
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 4,486,887.44 $ 5,227,586.96 $ 6,407,199.41 $ 3,307,274.99 $ TCRF 67,474.31 $ 1,143.17 68,617.48 GAS TAX FUND 710,266.14 $ 235,236.06 74,678.63 870,823.57 MEASURE M 636,316.95 $ 172,090.79 3,066.00 805,341.74 SB1-RMRA (82,764.91)$ 97,633.71 14,868.80 PUBLIC SAFETY GRANTS 197,775.03 $ 25,813.22 7,947.26 215,640.99 (1) AIR QUALITY IMPRVMNT FD 1,115,634.55$ 17,523.48 1,133,158.03 INTEGRATED WASTE MGMT FD 82,975.21$ 1,320.12 3,968.11 80,327.22 OTHER GRANTS (154,028.55)$ (154,028.55)
TECHNOLOGY GRANT 247,862.91 $ 7,150.47 4,418.22 250,595.16 DEVELOPMENT IMPACT 1, 351,564.90$ 5,360.00 10,881.83 1,346,043.07 FEDERAL GRANTS (172,805.14)$ 199,893.45 31,393.59 (4,305.28) CITY FACILITY - AV CTR 179,721.27 $ 37.65 179,758.92 CITY FACILITY - AQUATIC CTR (92,676.42)$ 54,252.40 38,759.46 (77,183.48) STREET IMPROVEMENTS 110,301.68 $ 8,537.50 176,157.00 (57,317.82) (2) CAPITAL IMPROVEMENTS - $ 8,726.38 (8,726.38) (2) STORM WATER 505.34 $ 505.34 (2) COP CAPITAL - $ - (2) COP (4,819.40)$ (4,819.40)
AV RANCH FOUNDATION 100.00 $ 100.00
CFD 2005-01 (9,287.55)$ 106,364.72 106,822.72 (9,745.55) RENEWABLE FARMS 30,522.17 $ 15,751.00 3,100.00 43,173.17 COMMUNITY TRUST 7,540.68 $ 7,540.68
TOTALS 8,709,066.61 $ 6,175,694.70 $ 6,877,118.61 $ - $ 8,007,642.70$ SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT 1,595,312.20 $
SAVINGS ACCOUNT: MONEY MARKET 25,790.33 $
INVESTMENTS: LOCAL AG ENCY INVESTMENT FD 6,386,540.17$
TOTAL CASH 8,007,642.70 $
Years to Maturity for January 2023 1.33
Weighted Average Yield for January 2023 2.830%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.
Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 35,131,788.48$
Cash With Fiscal Agent COPS/CFD 2005-01 4,463,694.77
Cash With Investment Advisor City Investments 28,460,792.61 AV Center 1,896,338.68
PR Account 308,307.42
Petty Cash 2,655.00
GRAND TOTAL OF CITY FUNDS 43,139,431.18 $
(1) Public Safety Grant includes the MDC and PVS Program Costs budgeted with SLESF funds. (2) Transfers in and out are done on a quarterly basis.
Street Improvements include the Slurry Seal, Traffic Management and Street Improvement Projects.
Capital Improvements include park and AV Ranch improvement projects.
Storm Water includes the Dairy Fork and Wood Canyon Emergent Wetland Project.
CITY OF ALISO VIEJO
January 31, 2023
56
!"
#
$%& &
'
&"
!"
!"#$
%&"'
%&(
)
(
)(*
+*)
+
(),
(
(
,
+-
+)
,
(-
,(
+*
&.
/0
1 2
3
$
%
'%
/
1
) *
"+
'
,-
,
./
/)
0 0
57
!
"
!
#
$
!
%&
'
"&
()"
"&
# *
+
,-
.
#
/ *0
",$1#
23
!3
4"
**
5 3
"&
6$5#
5
%&
(
7
*
!
!"#
"$%&
'(
)*+,
-.
/+0&*
*+%
%1
"20+,
3!/
)*0.**
!4'
56+%
7
8+9
:
+
'
.**
%1
;6+
"
/
5%0
.*<
-0+9*
''7
5%0
.*<
-4
)=+*
:
"
7
/&*0
!-
.>22+*
.**
57.
?%<%*
/+,+
.9+&
#83
500+,
4
4
"<
7
'.
'."
5
4%62
.,@&
!+&,%90
58
!
"
!
#
$
!
%&
'
"&
()"
"&
# *
+
,-
.
#
/ *0
",$1#
23
!3
4"
**
5 3
"&
6$5#
5
%&
(
7
*
!
.<,@0%<
"!3
"20+,
$=0&&
*+%
;
<
<3
;
9 ?
?
@
3?
93A;.
39 ;
<
<3
;
3A;.
;
9;
3 93@;.
<
3 9 :
9 @3;?
3 )
*
!
%
3
5+,0%&%1*
""""
4)
$$%
5%A+
"""
!5
"==
"""B
C!8
D
%0
8+1
""" B
"""
@ 3
< ;
?; 3;
;3A9.
39 @ 3
3<
.
3 93A
.
? 399 :A9
A@A3;
3 ;)
%
-5/
8";/
@
?@
;9 3
A
@
?@
;9 3
A
?3
.
3 @
?@
;9 3
A
39 .
@
?@
;9 3
A
39 .
3 3
3 )
-5/
63$3
*
"7
/E8
"""B
"""
!C
/E8
- " B
/B
/?
/E8
- " B
/B
59
!
"
!
#
$
!
%&
'
"&
()"
"&
# *
+
,-
.
#
/ *0
",$1#
23
!3
4"
**
5 3
"&
6$5#
5
%&
(
7
63$3
*
".))
/E8
"""B
"""
"()
/E8
"""B
"""
8
//)
"""B
"""
84
//)
"""B
"""
8)-
//)
"""B
"""
"
/E85)
"""B
"""
".!
/E8
"""B
"""
A
@?@
? 3A
A
;
9 A9 3 @
3 @.
3 @
A
@?@
? 3A
3< .
A
A
;
3 93A .
;
A<?3
A :
;
? 3@@
3<<)
63$3
*
63$3
)
?
'.
?0&>0<
- " B
/B
?
'.
?0&>0<
- " B
/B
#
'.
?0&>0<
- " B
/B
FF
'.
?0&>0<
- " B
/B
?
'.
?0&>0<
"""B
"""
)/
'.
?0&>0<
"""B
"""
))/
'.
?0&>0<
"""B
"""
))7
'.
?0&>0<
"""B
"""
))-
'.
?0&>0<
"""B
"""
60
!
"
!
#
$
!
%&
'
"&
()"
"&
# *
+
,-
.
#
/ *0
",$1#
23
!3
4"
**
5 3
"&
6$5#
5
%&
(
7
63$3
)
'.
?0&>0<
""" B
"""
'.
?0&>0<
""" B
"""
@
9 3;;
@
?
A?;3
<3
.
3@
@
9 3;;
3; .
9 ;
3 93 9.
9 @9;3
A
9 9@93;;
3;
)
63$3
)
9 ?9A
3A?
9 9
;
3@
3 .
3 ?;
; A3
:;
? 3
<
3 9
93 .
9 ?9A
3A?
3?
.
;
9 @
;9 3
A)')-
#')/'-5'
)')-
"B2)
-62
#-6$
62!
5=)22$)
9 9
;<3<;
61
! "! !
! #$
%&
" !
'
$%(
!
"#$
%&
'()
!
%&
'()
%
%&
'()
*
*
%&
'()
*+
!"
+
,)
&
-
. $ */#0$
"
1-
(2
)3)4 *1-
(2
)3)4
5+6 +7# %&
'()
88
!+$"!5#
5%$ *,+!
10 5*+ 0
9:
-
*0
9:
-
0 #*
; ,+!
0*$
%
)%
*
++,,-
./
.
-
-0.-+
1.
.
62 LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
CITY OF ALISO VIEJO
DIRECTOR OF FINANCIAL SVCS/ CITY TREAS
12 JOURNEY , #100
ALISO VIEJO, CA 92656
Account Number: 98-30-007
January 2023 Statement
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
1/13/2023 1/12/2023 QRD 1722308 N/A SYSTEM 32,979.50
1/19/2023 1/19/2023 RW 1722899 1683230 ANN EIFERT -1,000,000.00 1/25/2023 1/25/2023 RD 1723118 1683443 ANN EIFERT 800,000.00 Account Summary
Total Deposit: 832,979.50 Beginning Balance: 6,553,560.67 Total Withdrawal: -1,000,000.00 Ending Balance: 6,386,540.17 63 January 2.425
December 2.173
November 2.007
PMIA Quarter to Date(1): 1.98
287PMIA Average Life(1):
2.07LAIF Apportionment Rate(2):
0.00005680946709337
0.981389258
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 2.29
Treasuries
65.92%
Agencies
21.08%
Certificates of
Deposit/Bank Notes
6.24%
Time
Deposits
2.50%
Commercial
Paper
3.85%
Corporate
Bonds
0.23%
Loans
0.18%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 02/15/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/22
Chart does not include $3,323,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
01/31/23
$206.0 billion
64 City of Aliso Viejo
AGENDA ITEM
DATE: March 1, 2023
TO: Mayor and City Council
FROM: Sarah Limones, Senior Emergency Management Program Coordinator Captain Alan Villanueva, Chief of Police Services
SUBJECT: RESOLUTION ENDING THE PROCLAMATION OF LOCAL EMERGENCY FOR THE COVID-19 PANDEMIC
Recommended Action:
Adopt a Resolution to end the Proclamation of Local Emergency for the COVID-19 pandemic.
Fiscal Impact:
No fiscal impact.
Background:
On March 4, 2020, as part of the State of California's response to address the global outbreak of the novel coronavirus (“COVID-19”), Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19.
Through Aliso Viejo Municipal Code Section 2.40.060, the City Manager, as the Director of Emergency Services, proclaimed a Local Emergency for the City of Aliso Viejo on March 16, 2020, to enhance the City’s ability to protect public health and safety, and to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek potential reimbursement by the State and Federal governments. City Council then ratified the Proclamation of Local Emergency for the COVID-19 pandemic on March 18, 2020.
Discussion:
Since the State of California’s declaration of a State of Emergency and the City of Aliso Viejo’s Proclamation of Local Emergency in March of 2020, there has been a robust response to the COVID-19 Pandemic lessening its impact on the health and welfare of 65
the public. Vaccines against COVID-19 have been developed, tested, approved, and implemented on a wide scale and are readily available for everyone over the age of 6 months old. Over 81 million vaccines have been administered in California with 85% of the population receiving at least one dose. Hospitals are now more equipped to handle COVID-19 patients with greater surge capacity and the public has access to COVID-19 tests and personal protective equipment that was not readily accessible in early days of the pandemic.
The State of California implemented the SMARTER Plan, which has allowed for a full reopening of the California economy and schools deeming it safe to resume pre- pandemic activities. Governor Newsom ended the State’s COVID-19 State of Emergency on February 28, 2023, citing the State’s ability to continue fighting COVID-19 without a State of Emergency utilizing vaccines and boosters, testing, treatments, and other mitigation measures like masking and indoor ventilation.
The County of Orange, in conjunction with the State of California, ended their COVID-19 State of Emergency on February 28, 2023.
The Center for Disease Control and Prevention has shifted from mainly COVID-19 mandates to recommendations due to lower transmission levels, lower hospitalization levels, and the public’s ability to safeguard themselves against the virus.
For these reasons, staff recommends ending the city’s Proclamation of Local Emergency for the COVID-19 Pandemic.
Planning and Building Permits
On April 8, 2020, the City Council adopted Resolution No. 2020-08, which allowed for any issued building or planning permits (“affected permits”) that would have expired during the local emergency to be automatically extended for 120 days. On May 19, 2021, the City Council adopted Resolution No. 2021-13, which further extended the validation of the affected permits to 30 days after the City Council terminates the local emergency.
Should the City Council end the local emergency, the affected permits will expire as of April 1, 2023. Most of the affected permits have been inactive, and it is anticipated that these will be withdrawn. Regardless, Staff will notify all affected applicants and property owners for an opportunity to extend their permits.
Environmental:
There is no environmental impact related to this item.
Attachment:
1. Resolution
66
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, DECLARING AN END TO THE LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
WHEREAS, on March 4, 2020, as part of the State of California's response to address the global outbreak of the novel coronavirus (“COVID-19”), Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization made the assessment that COVID-19 could be characterized as a pandemic; and WHEREAS, on March 13, 2020, the President of United States declared a national emergency with regard to COVID-19; and
WHEREAS, on March 16, 2020, as empowered by the California Emergency Services Act (California Government Code section 8550 et. seq.), and Aliso Viejo Municipal Code section 2.40.060, the City Manager, acting as Director of Emergency Services, proclaimed the existence of a local emergency regarding COVID-19 (the “Local State of Emergency”); and
WHEREAS, on March 18, 2020, the City Council ratified the City Manager’s proclamation of a Local State of Emergency; and
WHEREAS, the Local State of Emergency and associated actions were designed to assist in a coordinated public health response to reduce transmission and illness severity, provide assistance to health care providers, coordinate and mitigate public services that may be disrupted from this emergency, and mitigate any other effects of this emergency on City residents; and
WHEREAS, since that time, vaccines against COVID-19 have been developed, tested, approved, and implemented on a wide scale; and
WHEREAS, over 81 million vaccines have been administered in California, with 85 percent of the population receiving at least one dose; and
WHEREAS, the California Department of Public Health continues to estimate capacity for additional vaccinations to be at least 200,000 vaccinations per day; and WHEREAS, State and Center for Disease Control and Prevention (“CDC”) guidance provide that anyone aged six months and older can get vaccinated against COVID-19; and WHEREAS, over 186 million COVID-19 tests have been processed in California; and 67
WHEREAS, California’s COVID-19 death rate is the lowest among large states; and WHEREAS, on February 28, 2023, Governor Newsom ended the State’s COVID-19 State of Emergency; and
WHEREAS, on February 28, 2023, the County of Orange ended its COVID-19 State of Emergency; and
WHEREAS, the City Council desires to end the Local State of Emergency, given that precautions against the spread and transmission of COVID-19 have been implemented by the City including, without limitation the continued public information campaign to keep the public informed of COVID-19 related requirements and assistance from the OC Healthcare Agency, California Department of Public Health, and CDC.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
Section 1. End of the Local Emergency. The City Council hereby proclaims that the Local State of Emergency has ended.
Section 2. Entitlements. Any City-issued building permit, planning permit, or other entitlement that would have otherwise expired (1) during the pendency of this local emergency, or (2) for which an application for extension was filed prior to this local emergency (i.e., prior to March 16, 2020) is hereby extended until one (1) month after the local emergency is terminated. The effectiveness of this Resolution shall be retroactive to the date of expiration of any City-issued building permit, planning permit, or other entitlement referenced in Section 3 of Resolution 2020-08, with the intent that there should be no gap in effectiveness of this extension as to any applicable City-issued building permit, planning permit, or other entitlement.
Section 3. Clerk Certification; Recordation. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 4. Effective Date. This Resolution shall become effective upon its adoption.
68
PASSED, APPROVED AND ADOPTED this 1st day of March, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 69
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 1st day of March, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
70 City of Aliso Viejo
AGENDA ITEM
DATE: March 1, 2023
TO: Mayor and City Council
FROM: Sarah Limones, Senior Emergency Management Program Coordinator Captain Alan Villanueva, Chief of Police Services
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH ATLAS PLANNING
SOLUTIONS FOR LOCAL HAZARD MITIGATION PLAN DEVELOPMENT
Recommended Actions:
1. Approve an agreement with Atlas Planning Solutions to develop the City’s original Local Hazard Mitigation Plan;
2. Authorize the City Manager to execute a professional services agreement with Atlas Planning Solutions for $66,100; and
3. Authorize the appropriation of $93,750 in grant funding to the Fiscal Year 2022-23 budget.
Fiscal Impact:
The City was awarded the Local Hazard Mitigation Plan (LHMP) grant from the California Office of Emergency Services (CalOES) in the amount of $125,000. Staff is requesting the appropriation of $93,750 (75% of the total grant amount) to the FY 2022-23 budget in order to fund this agreement at a cost of $66,100, with the remaining funds to be used for public outreach, and other costs associated with the development of the plan. The remaining $31,250 (25% of the total grant amount) is the City’s “match” and will be funded through in-kind staff time. The City has until January 8, 2025, to expend the grant funds.
Background:
Disasters can cause loss of life, damage buildings and infrastructure, and have devastating consequences for a community’s economic, social, and environmental well- being. Hazard mitigation reduces disaster damages and is defined as sustained action taken to reduce or eliminate the long-term risk to human life and property from hazards.
A major component of hazard mitigation for the City of Aliso Viejo is the development of a Local Hazard Mitigation Plan (LHMP). Local governments have the responsibility to 71
protect the health, safety, and welfare of their citizens. Proactive mitigation policies and actions help reduce risk and create safer, more disaster resilient community.
Local Hazard Mitigation planning is the process of assessing vulnerabilities, measuring risk, identifying strategies for risk reduction, and assigning responsible parties to carry out appropriate action. This involves comprehensive studies of multiple hazards that could impact the city including natural, technological, and human-caused disasters. The planning process requires stakeholders, including members of the public, coming together in a collaborative effort with a common objective of identifying and reducing disaster-related risks.
A Local Hazard Mitigation Plan (LHMP) is the result of this extensive planning process and serves as the city’s long-term roadmap for community resiliency. Cities are required to prepare, adopt, maintain, and update a LHMP. The LHMP must be reviewed and approved by the California Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA). The Federal Disaster Mitigation Act of 2000 requires a community to have an approved LHMP to be eligible for and receive hazard mitigation funds.
Having a comprehensive LHMP will not only ensure the City is eligible for hazard mitigation funds, but also will guide the city in reducing hazards and making it a safer community.
Discussion:
On January 3, 2023, staff issued a Request for Proposals (RFP) (Attachment 1) to identify the most qualified consultant to provide LHMP preparation services. In response to the RFP, five proposals were received. The five consultants that submitted proposals were:
Rank Consultant Proposed Cost
1 Atlas Planning Solutions $66,100
2 DeNovo Planning Group $92,615
3 APetrow Consulting $93,750
4 Foster Morrison Consulting, Ltd. $90,545
5 A-Tech Consulting Inc. $96,530
Staff reviewed all proposals and evaluated each of them based on the criteria in the RFP.
Based on review of the proposals, Atlas Planning Solutions’ proposal (Attachment 2) was rated the highest overall.
Staff recommends Atlas Planning Solutions to perform the development of the Local Hazard Mitigation Plan (LHMP) because of their staff’s extensive knowledge and experience in producing CalOES and FEMA approved LHMPs for other local municipalities in and around Orange County including, but not limited to Anaheim, Costa Mesa, Fullerton, Irvine, Laguna Beach, and Westminster. The consultant committed to an adequate staffing level and timeline to complete a CalOES and FEMA approved plan 72
within the grant approved timeframe. The scope of work was thorough and displayed the consultant’s professionalism and attention to detail, which is critical in creating an LHMP.
Atlas Planning Solutions has a positive reputation based on feedback from references listed in their RFP. The bid produced was the lowest of all bids received and under the total grant amount leaving room for other LHMP development expenses to be covered by the grant.
The project is tentatively scheduled to begin March 2023 and conclude by March 2024.
Environmental:
There is no environmental impact related to this item.
Attachments:
1. Request for Proposal
2. Atlas Planning Solutions Proposal
3. Agreement
73 60367.01100\33489632.1
CITY OF ALISO VIEJO
REQUEST FOR PROPOSALS
FOR:
Local Hazard Mitigation Plan Development
Police Services – Emergency Management
12 Journey, Suite 100
Aliso Viejo, CA 92656
Issued
January 2023
74 60367.01100\33489632.1
-1-
City of Aliso Viejo
Request for Proposals
CITY OF ALISO VIEJO
REQUEST FOR PROPOSALS
The City of Aliso Viejo (“City”) is requesting proposals (“Proposals”) from qualified consultants (“Respondents”) for:
Local Hazard Mitigation Plan Development
The purpose of the Proposal is to demonstrate the qualifications, competence and capacity of Respondent to perform the work or provide the services described in this Request for Proposals (“RFP”). The Proposal should demonstrate the qualifications of the Respondent and of the particular staff to be assigned to this project.
1. INTRODUCTION
1.1 About the City
The City of Aliso Viejo was incorporated July 1, 2001, as a general law city which, operates under the council/manager form of government. The City encompasses approximately seven (7) square miles; serves an approximate population of 50,000 people and is l ocated in southern Orange County.
The City provides municipal services primarily through contracts for police and fire services, public works, engineering, building, code enforcement, recreation, and legal services.
The City’s fiscal year begins on July 1 and ends on June 30.
The Aliso Viejo Public Facilities Corporation was established in July 2006 for the purpose of providing lease financing to the City for the acquisition of an existing office building to serve as the City Hall facility.
1.2 Project Description
The City of Aliso Viejo, California is seeking a qualified consultant to coordinate, facilitate, and prepare a new City of Aliso Viejo Local Hazard Mitigation Plan (LHMP) pursuant to the Disaster Mitigation Act of 2000, implementing regulations an d guidance as they apply to local governments. The plan will be consistent with the State of California’s FEMA-approved mitigation plan. A FEMA-approved plan will help identify mitigation actions that will make the City of Aliso Viejo and plan participants more resilient. The City of Aliso Viejo has obtained a FEMA grant in the amount of $93,750.00 for the development of this LHMP. The grant award period ends on January 1, 2025. This will be an inclusive citywide planning process and will include the following participants seeking FEMA approval of the Plan: City of Aliso Viejo, special districts, agencies, and other stakeholders. These entities will be invited to participate in the plan development process as members of the planning committee.
1.3 City Contact for this RFP
The principal contact for the City regarding this RFP will be:
Sarah Limones, Senior Emergency Management Program Coordinator 12 Journey, Suite 100
Aliso Viejo, CA 92656
949-425-2598
[email protected]
75 60367.01100\33489632.1
-2-
City of Aliso Viejo
Request for Proposals
CONTACT WITH CITY PERSONNEL OTHER THAN THE ABOVE REGARDING
THIS RFP MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.
1.4 No Deviations from the RFP
In submitting a Proposal, Respondent is certifying that it takes no exceptions to this RFP including, but not limited to the Agreement att ached hereto as Attachment “3.” Respondent is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.
2. PROPOSAL SCHEDULE
The estimated schedule for this RFP is as follows:
1. 2.
RFP Release
Due Date for Proposals (by 5:00 p.m.)
January 3, 2023
January 10, 2023
3. Anticipated Final Selection January 17, 2023
4. 5.
Anticipated City Council Approval
Tentative Project Start
February 1, 2023
February 13, 2023
3. SCOPE OF REQUIRED SERVICES
3.1 Scope of Work
A detailed Scope of Work is attached hereto as Attachment "1". The Respondent will be expected to fulfill, at a minimum, the services and technical requirements described in the attached Scope of Work. Upon final selection, the Scope of Work may be modified and refined during negotiations with the City.
4. PROPOSAL REQUIREMENTS
4.1 Proposal Content
Respondent's Proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant materials will not be favorably received. The content and sequence of the information contained in each copy of the Proposal shall be as follows:
4.1.1 Table of Contents
Include a clear identification of the material by section and by page number.
4.1.2 Summary Sheet
Include a fully -completed copy of the Summary Sheet included with this RFP (Attachment 2, “Required Forms”).
76 60367.01100\33489632.1
-3-
City of Aliso Viejo
Request for Proposals
4.1.3 Cover Letter
Identify Respondent's legal name and contact information. Summarize key elements of the Proposal. The letter must stipulate that the cost proposal will rema in valid for a period of at least 180 days. The letter shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Respondent.
4.1.4 Personnel.
Identify the names and specific qualifications, experience, and appropriate licenses held, if applicable, of the primary staff to be assigned to the project. Include a resume for all primary staff. Identify any subconsultants which Respondent proposes to use for any portion of the services.
Respondent shall also identify a Ma nagement Contact (Representative authorized to sign an agreement for your firm) and a Project Manager (person responsible for day-to-day management of the project). The successful Respondent may only change the Management Contact, Project Manager, and oth er supporting staff and specialists with prior written permission of the City.
4.1.5 Project Approach
Provide a conceptual plan for services to the City that you believe are appropriate for the City. Indicate features, skills and/or services which distinguish y our firm and make it the better choice for the City. Indicate how the resources of your firm (e.g., number and type of personnel allocated by hours) will be allocated for this project. Submit a project schedule if applicable.
4.1.6 Scope of Work
Provide a detailed scope of services which reflects the Scope of Services described in this RFP. Proposals must address all items set forth in Section 3 "Scope of Work." Additional information which, in your opinion, should be included must be clearly identified.
4.1.7 Experience
(a) List of representative projects undertaken by Respondent in the last 5 years demonstrating experience in each category of the project. Identify the names of organizations, and names and telephone numbers of persons who can be contacted with regard to the services you have provided.
(b) Identify all previous and current contracts with the City . Include a contact name, description of services, and dates of services performed. (c) List all public agencies (not to include the City) for which contracts were terminated in the last three years. Show names of organizations and names and telephone numbers of persons who can be contacted. Firms may provide a brief explanation of the reason(s) for termination(s).
4.1.8 Additional Forms
The following forms are included in Attachment “2” Required Forms:
77 60367.01100\33489632.1
-4-
City of Aliso Viejo
Request for Proposals
(a) Respondent must submit the attached “Acknowledgment of Insurance Requirements” form acknowledging that it has reviewed the insurance requirements and will provide such insurance. The applicable insurance requir ements are set forth in the standard Sample Agreement form, attached hereto as Attachment “4”. (b) Respondent must submit a Declaration of Political Contributions, signed under penalty of perjury, regarding disclosure of political contributions to City officials. (c) Respondent must submit the acknowledgement for the Fraud Policy. The Policy is provided in Attachment “3.”
(d) Respondent must submit the completed attached pricing sheet.
4.1.9 Cost Proposal
Include a detailed cost proposal using the pricing sheet (Attachment 2) for each phase of work inclusive of all hourly rates, anticipated travel, and other incidental costs and charges.
4.2 Proposal Format
Proposals shall include 3 hard copies and one (1) electronic pdf version on a USB Drive enclosed in a sealed envelope.
Proposals shall be organized, tabbed, and numbered in the order presented above. Proposals must include page numbers for all pages in the Proposal.
Proposals shall not be folded or bound. Place copies in binders.
5. SUBMITTAL INSTRUCTIONS
Proposals must be received at City Hall no later than 5 :00 p.m. on the date indicated in Section 2. Proposals received in the mail after 5:00 p.m. on the date indicated in Section 2, regardless of the date of their postmarks, will be rejected.
Proposals will be received at the following address:
Sarah Limones
Senior Emergency Management Program Coordinator
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Local Hazard Mitigation Plan Development
If hand delivered, address as above and deliver to the receptionist on the first floor of City Hall.
The envelope should clearly indicate "Proposal for the Local Hazard Mitigation Plan Development" and Respondent's name and address shall appear in the upper left-hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the Respondent, e.g. Envelope 1 of 3, as required. 78 60367.01100\33489632.1
-5-
City of Aliso Viejo
Request for Proposals
6. EVALUATION
6.1 Evaluation Criteria.
A Selection Committee will evaluate and rank the proposals. Proposals will be evaluated according to the following criteria:
Ability, capacity and skill of Respondent to perform the services Ability to meet time requirements
Character, integrity and reputation
City’s previous experience with the vendor
Sufficiency of financial resources needed to perform the required services Reasonableness of Cost Proposal
6.2 Award of Contract
If awarded, the contract will be awarded on the basis of the evaluation criteria set forth herein. The City reserves the right to reject all Proposals and to contract for services in the manner that most benefits the City including awarding more than one contract if desired.
If selected, Respondent will be expected to execute a contract with the City in substantially the same form as the Agreement attached hereto as Attachment “3.”
7. GENERAL PROVISIONS
7.1 Respondent is encouraged to review this RFP carefully in its entirety prior to preparation of its Proposal. The City reserves the right to reject any or all Proposals or to select the Proposal most advantageous to the City. The City reserves the right to verify all information submitted in the Proposal. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Respondents or to allow corrections of errors or omissions.
7.2 Amendments to RFP. The City reserves the right to amend the RFP or issue to all Respondents a Notice of Amendment to answer questions for clarification.
7.3 No Commitment to Award . Issuance of this RFP and receipt of Proposals does not commit the City to award a contract . The City expressly reserves the right to postpone the RFP process for its own convenience, to accept or reject any or all Proposals received in response to this RFP, to negotiate with more than one Respondent concurrently, or to cancel all or part of this RFP.
7.4 Amendments to Proposals . No amendment, addendum or modification will be accepted after the deadline stated herein for receiving Proposals. Respondent may modify or amend its Proposal only if the City receives the amendment prior to the deadline stated herein for receiving Proposals.
79 60367.01100\33489632.1
-6-
City of Aliso Viejo
Request for Proposals
7.5 Non-Responsive Proposals. A Proposal may be considered non -responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the Proposal.
7.6 Late Proposals. The City will not be responsible for Proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.
7.7 Costs for Preparing. The City will not compensate any Respondent for the cost of preparing any Proposal, and all materials submitted with a Proposal shall become the property of the City. The City will retain all Proposals submitted and may use any idea in a Proposal regardless of whether that Proposal is selected.
7.8 Alternative Proposals . Only one final Proposal is to be submitted by each Respondent. Multiple Proposals will result in rejection of all Proposals submitted by the Respondent.
7.9 Public Documents; Confidential Information.
Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Respondent have completed negotiations and entered into the Agreement or City has rejected all Proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Respondent or other party as a result of any pu blic disclosure of any Proposal.
If a Respondent desires to exclude a portion of its Proposal from disclosure under the California Public Records Act, the Respondent must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Respondent submits trade secret information, the Respondent must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Respondents who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Respondent shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information.
Respondent 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.
Proposals which indiscriminately identify all or most of the Proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.
80 60367.01100\33489632.1
-7-
City of Aliso Viejo
Request for Proposals
CITY OF ALISO VIEJO
REQUEST FOR PROPOSALS
Attachment 1 – Scope of Work
The scope of work for this project is organized into four (4) phases in accordance with the Disaster Mitigation Act planning process:
1) LHMP Planning/Development Process;
2) Risk Assessment (Hazard Identification, Vulnerability Assessment, and Capability Assessment);
3) Hazard Mitigation Strategy; and
4) Hazard Plan Implementation and Maintenance Process
Phase I: LHMP Planning/Development Process
As part of the LHMP planning and development process, the City of Aliso Viejo will organize a Hazard Mitigation Planning Committee (HMPC). Members of the HMPC will include representatives from each participating jurisdiction; staff with other local, state, and federal agencies; take the ‘whole community” approach including non -profits, religious institutions, disability access and functional needs groups, experts, or members of the public; and may also include a cross-section of the community, such as residents, community leaders, and business owners. The public will also be invited to participate on the HMPC. The HMPC will:
• Participate in the planning process, attend meetings, and provide data as requested
• Solicit input from citizens and professionals with knowledge of applicable hazards • Provide input on how the risk differs across the planning area • Identify new/proposed mitigation projects
• Review drafts of the plan
• Hold public meetings
• Coordinate the formal adoption of the plan by governing boards • Manage the implementation of the proposed mitigation projects.
The consultant shall facilitate a minimum of three (3) public meetings. Each meeting will focus on educating the public on the LHMP development process and identify community concerns. The consultant shall provide content to post on the City’s webpage and social media platforms. When a final draft LHMP is developed, the public will be invited to review and provide comments to the current draft. Public comments will be incorporated as appropriate by the consultant.
Note: For security reasons, all constative critical infrastructure protection information wi ll need to be redacted from the plan prior to dissemination or presentation to the public.
The City of Aliso Viejo LHMP will thoroughly document the hazard mitigation planning process, including but not limited to:
• A narrative description of how the plan was prepared and the process followed 81 60367.01100\33489632.1
-8-
City of Aliso Viejo
Request for Proposals
• An outline of plan development meeting dates, attendees, and agendas • Identify agencies and organizations that participated in plan development • Coordination with existing planning mechanisms
• Description of how the public was involved and strategy for public outreach/meetings Phase II: Risk Assessment (Hazard Identification, Hazard Mapping, Vulnerability Assessment, and Capability Assessment)
A detailed risk assessment will be developed for this LHMP. The purpose of this section is to understand the risk and vulnerability of identified natural hazards and to provide a basis for hazard mitigation strategy development. The risk assessment will include:
a) Hazard Identification and Profiles: The Hazard Identification and Profiles will include a description and prioritization of the hazards that have occurred within the City. The hazard categories may include:
• Flood-related hazards
• Wildfire hazards
• Earthquake hazards
• Severe weather -related hazards (extreme temperatures, drought, fog, heavy rains/thunderstorms, wind/lightning, etc.)
• Nuclear hazards
• Climate change hazards
• Other human-caused hazards
• Other geologic and soil hazards
• Other hazards as identified by the HMPC and other data sources
b) Hazard Mapping: Using the best available data, the risk assessment will include maps (hazard and infrastructure maps will be provided by the consultant) that delineate areas affected by hazards and identify locations of local assets. The geographic information data will comprise a comprehensive inventory for use in developing map data layers (to the extent data is available), of the following items relative to the multiple hazard area:
• Public buildings
• Critical facilities and infrastructure
• Maps that depict the location of parcels, structures, land use, and populations • Structures will be delineated by type of use (e.g. residential, commercial, industrial, etc.)
c) Vulnerability Assessment: Based on the previous information, the Consultant will develop an overview of the City’s vulnerability to specific hazards. Digital maps and GIS data (provided by the consultant) will be developed that identify local assets that are located within known hazard areas. HAZUS* will be used to model losses as appropriate.
This vulnerability assessment will include (as the data allows):
• Types and numbers of buildings, infrastructure, and critical facilities located within the planning area and within identified hazard areas
82 60367.01100\33489632.1
-9-
City of Aliso Viejo
Request for Proposals
• An inventory of all repetitive flood loss structures, as defined by FEMA, if applicable • Potential dollar losses from identified hazards will be estimated through a process that utilizes HAZUS-MH or GIS analysis of County assessor’s data with hazard locations
• Description of land uses and devel opment trends to advise future land use decisions
*HAZUS is a nationally applicable standardized methodology that contains models for estimating potential losses from earthquakes, floods, and hurricanes.
d) Capability Assessment: A capability assessment will be conducted that will inventory those existing plans, policies, and procedures that the City has in place to temper the effect of hazards. This will include protective measures under the National Flood Insurance Program (NFIP), building codes, zoni ng ordinances, completed or ongoing mitigation projects, and mitigation polices established in the general or comprehensive plans of participating jurisdictions.
Phase III: Hazard Mitigation Strategy
The LHMP will include a mitigation strategy to address its exposure to identified hazards. This will require meetings of the HMPC, facilitated by the consultant, and include:
a) Developing mitigation goal statements that focus on reducing the risk and vulnerability from the identified hazards.
b) Developing a comprehensive range of specific mitigation actions items being considered to reduce the effects of each hazard, based on the risk assessment. The range of potential action items will include emphasis on mitigating losses for new and existing buildings and infrastructure and for future development areas. This section will include a list of prioritized hazard mitigation action items that best meet the City of Aliso Viejo’s needs for hazard damage reduction. Prioritization factors will include an analysis of proposed mitigation projects focused on several key areas, including but not limited to economic (including benefits and cost), engineering, technical, legal, environmental, social, and political feasibility. Action items given the highest priority will meet most or all aspects of the feasibility analysis and Will be the best fit for the City of Aliso Viejo and all plan participants.
c) Based on previous tasks, a draft plan will be prepared in accordance with state and federal requirements. The Consultant will ensure that each required component for each plan participant is included in the Plan. The draft plan will be made available to the HMPC for review and comment. The Consultant will incorporate HMPC comments and prepare a public review draft to be distributed to interested parties.
Phase IV: Hazard Mitigation Plan Maintenance Process
a) Monitoring, Evaluating, and Updating: This chapter will detail how the City Aliso Viejo HMPC will monitor, evaluate, implement, and update the Plan. For example, maintenance will occur at an annual meeting of HMPC where the LHMP mitigation strategy and implementation progress will be evaluated and modified as appropriate.
The Plan will be revised, updated, and readopted every five (5) years in accordance with the requirements of the Disaster Mitigation Act of 2000. b) Incorporation into Existing Planning Mechanisms: The City of Aliso Viejo will 83 60367.01100\33489632.1
-10-
City of Aliso Viejo
Request for Proposals
implement and incorporate hazard mitigation plan goals and actions into other local planning documents, such as the local emergency operations plan, community wildfire protection plans, storm water plans, etc. Incorporation of the LHMP into the Safety Element of the General Plan for the City will be emphasized. c) Implementation Schedule: The completed LHMP will include procedures for ensuring the Plan’s implementation, including an implementation schedule for each action item. d) Continued Public Involvement: The City of Aliso Viejo is committed to continued public involvement in the LHMP development, maintenance, and future updates. A description of public involvement activities for the Plan will be included. e) Final Plan Approval and Adoption: The Consultant will collect and incorporate public comments to the public review draft, make all necessary revisions, and will prepare a Final Plan for submittal to CalOES and FEMA Region IX for review and approval. Upon approval of t he Plan by CalO ES and FEMA, the Plan will be presented to the Aliso Viejo City Council for the adoption by resolution. The Consultant is responsible for all plan revisions from CalOES, FEMA, and other stakeholders until it is adopted by City resolution.
84 60367.01100\33489632.1
-11-
City of Aliso Viejo
Request for Proposals
CITY OF ALISO VIEJO
REQUEST FOR PROPOSALS
Attachment 2 – Required Forms
85 60367.01100\33489632.1
-12-
City of Aliso Viejo
Request for Proposals
CITY OF ALISO VIEJO
SUMMARY SHEET
Firm Name:
Firm Parent or Ownership:
Firm Address:
Firm Telephone Number:
Firm Fax Number:
Number of years in existence:
Management Contact (person responsible for direct contact with the City of Aliso Viejo and auditing services required for this Request for Proposals):
Name: Title:
Telephone Number: Fax:
Email:
Project Manager (Person responsible for managing the audit at the client site and preparation of the audit work papers):
Name: Title:
Telephone Number: Fax:
Email:
Types of services provided by the firm:
Signature Print Name Title
This executed form must be submitted with the Proposal.
86 60367.01100\33489632.1
-13-
City of Aliso Viejo
Request for Proposals
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 the applicant and all of applicants employees, includi ng any employee(s) that applicant intends to assign to perform the work or services described in Agreement dated ________________. If none, please state so:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City, State Date
Name of Business Print Name
Signature
This executed form must be submitted with the Proposal.
87 60367.01100\33489632.1
-14-
City of Aliso Viejo
Request for Proposals
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
This executed form must be submitted with the Proposal.
88 60367.01100\33489632.1
-15-
City of Aliso Viejo
Request for Proposals
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS
I,______________________________, the ____________________________________ (President, Secretary, Manager,
Owner or Representative)
of _______________________________________________________, certify that I have (Name of Company or Corporation or Owner)
read and understand the insurance requirements set forth in the Request for Proposals for the [INSERT PROJECT NAME/NUMBER] and the Agreement form included therein, and accept such requirements as specified.
Firm:
Name (Please Print or Type)
By:
Signature
Date:
This executed form must be submitted with the Proposal.
89 60367.01100\33489632.1
-16-
City of Aliso Viejo
Request for Proposals
CITY OF ALISO VIEJO
PRICING SHEET
Task
#
Task Name/Description Hourly Rate Total Hours Total Cost PHASE I: LHMP Planning/Development Process
$ $
$ $
$ $
$ $
$ $
PHASE II: Risk Assessment (Hazard Identification, Hazard Mapping, Vulnerability Assessment, and Capability Assessment)
$ $
$ $
$ $
$ $
$ $
PHASE III: Hazard Mitigation Strategy
$ $
$ $
$ $
$ $
$ $
PHASE IV: Hazard Mitigation Plan Maintenance Process
$ $
$ $
$ $
$ $
$ $
Grand Total $
90 60367.01100\33489632.1
-17-
City of Aliso Viejo
Request for Proposals
CITY OF ALISO VIEJO
REQUEST FOR PROPOSALS
Attachment 3 – Fraud Prevention Policy
91 60367.01100\33489632.1
-18-
City of Aliso Viejo
Request for Proposals
92 60367.01100\33489632.1
-19-
City of Aliso Viejo
Request for Proposals
93 60367.01100\33489632.1
-20-
City of Aliso Viejo
Request for Proposals
94 60367.01100\33489632.1
-21-
City of Aliso Viejo
Request for Proposals
95 60367.01100\33489632.1
-22-
City of Aliso Viejo
Request for Proposals
96 60367.01100\33489632.1
-23-
City of Aliso Viejo
Request for Proposals
97 60367.01100\33489632.1
-24-
City of Aliso Viejo
Request for Proposals
98 60367.01100\33489632.1
-25-
City of Aliso Viejo
Request for Proposals
CITY OF ALISO VIEJO
REQUEST FOR PROPOSALS
Attachment 4 – Sample Agreement Form
CITY OF ALISO VIEJO
SAMPLE AGREEMENT - PROFESSIONAL SERVICES AGREEMENT
FOR
LOCAL HAZARD MITIGATION PLAN DEVELOPMENT
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 [INSERT NAME OF COMPANY] , a [INSERT TYPE OF BUSINESS; CORPORATION; LIMITED LIABILITY COMPANY; ETC.] , with its principal place of business at [INSERT ADDRESS] (“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 Local Hazard Mitigation Plan Development 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 Local Hazard Mitigation Plan Development consultant services to public clie nts, 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 Local Hazard Mitigation Plan Development 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 Local Hazard Mitigation Plan Development consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All 99 60367.01100\33489632.1
-26-
City of Aliso Viejo
Request for Proposals
Services shall be su bject 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 [INSERT START DATE] to [INSERT ENDING DATE], unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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 Servi ces 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 tha t 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. U pon 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 circumstanc es 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 100
60367.01100\33489632.1
-27-
City of Aliso Viejo
Request for Proposals
labor action occurring at the site and the effects thereof on the S ervices, only to the extent such strikes and other organized labor action are beyond the contr ol 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,” inc ludes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a p ublic agency applicable to the Services and Agreement.
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 u ncooperative, 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: [INSERT NAME(S)].
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 Sarah Limones, 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 R epresentative or his or her designee.
3.2.6 Consultant’s Representative . Consultant hereby designates [INSERT NAME OR TITLE], 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 r esponsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 101
60367.01100\33489632.1
-28-
City of Aliso Viejo
Request for Proposals
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, consist ent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consul tant 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 aris ing 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 obliga tions 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 102
60367.01100\33489632.1
-29-
City of Aliso Viejo
Request for Proposals
Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000 ,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
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 a s Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory a nalysis, soil work, etc.).
If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
103
60367.01100\33489632.1
-30-
City of Aliso Viejo
Request for Proposals
(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.
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 104
60367.01100\33489632.1
-31-
City of Aliso Viejo
Request for Proposals
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 conta ined 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 pa yment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants . All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment 105
60367.01100\33489632.1
-32-
City of Aliso Viejo
Request for Proposals
and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall pro tection 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 [INSERT WRITTEN DOLLAR AMOUNT] DOLLARS ($[INSERT NUMBER]) (“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 re asonably 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 oth er requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the 106
60367.01100\33489632.1
-33-
City of Aliso Viejo
Request for Proposals
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.
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. 107
60367.01100\33489632.1
-34-
City of Aliso Viejo
Request for Proposals
3.5.1.3 Additional Services. In the event this Agreement is te rminated 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:
[INSERT NAME, ADDRESS & CONTACT PERSON]
City:
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Sarah Limones – Emergency Manager
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 Co nsultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, p lans, 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 108
60367.01100\33489632.1
-35-
City of Aliso Viejo
Request for Proposals
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 i nsignia, 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 non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Fraud Policy . Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.
Consultant shall submit to the City a statement signed by an authorize d representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.
3.5.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losi ng 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, perta ining to, or incident to any alleged 109
60367.01100\33489632.1
-36-
City of Aliso Viejo
Request for Proposals
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 obl igation 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 adjudicatio n by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.10 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.9 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified i n this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this 110
60367.01100\33489632.1
-37-
City of Aliso Viejo
Request for Proposals
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 w orking solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants 111
60367.01100\33489632.1
-38-
City of Aliso Viejo
Request for Proposals
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, incl uding 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.]
112
60367.01100\33489632.1
-39-
City of Aliso Viejo
Request for Proposals
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND [INSERT NAME]
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202__.
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
[INSERT NAME OF CONSULTANT]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
113
60367.01100\33489632.1
-40-
City of Aliso Viejo
Request for Proposals
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.
114
60367.01100\33489632.1
-41-
City of Aliso Viejo
Request for Proposals
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
115
60367.01100\33489632.1
-42-
City of Aliso Viejo
Request for Proposals
EXHIBIT “A”
SCOPE OF SERVICES
[INSERT SCOPE OF SERVICES]
116
60367.01100\33489632.1
-43-
City of Aliso Viejo
Request for Proposals
EXHIBIT “B”
SCHEDULE OF SERVICES
[INSERT SCHEDULE OF SERVICES]
117
60367.01100\33489632.1
-44-
City of Aliso Viejo
Request for Proposals
EXHIBIT “C”
COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
118
Atlas Planning Solutions
6578 BARRANCA DR | RIVERSIDE, CA 92506
Proposal for: Local Hazard Mitigation
Plan Development
CITY OF ALISO VIEJO
City of Aliso Viejo
Police Services – Emergency
Management
12 Journey, Suite 100
Aliso Viejo, California, 92656
119
120
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | i Atlas Planning Solutions
I. Table of Contents
II. Contents
I. Table of Contents .................................................................................................................. i III. Summary Sheet ............................................................................................................... 2 IV. Cover Letter .................................................................................................................... 3 V. Personnel............................................................................................................................ 5 A. Atlas Planning Solutions ..................................................................................................... 5 Atlas Planning Solutions Business Information ................................................................... 5 B. Qualifications and Experience of Proposed Project Staff .................................................... 5 Navigating Preparedness Associates (NPA) Firm Description ............................................. 6 C. Team Organizational Chart ................................................................................................ 7 VI. Project Approach ............................................................................................................. 8 Approach Summary ................................................................................................................ 8 Key Approach Elements ......................................................................................................... 9 Atlas Planning Team Differentiators ......................................................................................10 Proposed Schedule ...............................................................................................................11 VII. Scope of Work ................................................................................................................12 HMPC Meetings .................................................................................................................12 Outreach and Engagement ................................................................................................12 Optional Tasks ......................................................................................................................17 VIII. Team Qualifications/Experience .....................................................................................18 Atlas Planning Solutions' Hazard Mitigation Planning Experience ......................................18 IX. Additional Forms ............................................................................................................24 XI. Cost Proposal .................................................................................................................27 XII. Attachment A – Staff Resumes .......................................................................................29 XIII. Attachment B - Reference Letters...................................................................................44
121
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 2 Atlas Planning Solutions
III. Summary Sheet
122
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 3 Atlas Planning Solutions
IV. Cover Letter
January 17, 2023
Sarah Limones
Senior Emergency Management Program Coordinator
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, California, 92656
Dear Ms. Limones,
Like many other communities in southern California, the City of Aliso Viejo faces numerous challenges associated with natural and human -caused hazards. Between wildfires, geologic hazards, and the pressures associated with development and community reinvestment, the City is limited in the options to mitigate future hazards and challenged by the many hazards affecting the City today. This coupled with new rules and requirements from the state and Federal government creates an opportunity for Aliso Viejo to proactively identify and assess the hazards that affect residents and businesses. The City’s desire to prepare a local hazard mitigation plan becomes an opportunity to proactively address natural hazards and secure grant funding to fix many of the problems from the past. Knowing the challenges that cities face with limited budgets, reduced staffing, and limited resources, an LHMP can be a great catalyst for change or a lifeline that ensures the community doesn’t fall further behind.
Understanding these challenges, the Atlas Planning Solutions Team offers the following benefits to the City of Aliso Viejo:
Understanding Local Issues and Context – Knowing the community and having boots on the ground is very important. Atlas Planning has worked or is working i n many of the communities surrounding Aliso Viejo and feels we have a head start on understanding community issues and needs over other firms. Our firm has worked with many of these communities to understand their needs and leverage our experience and capabilities to make this type of project easier and more streamlined for City staff.
A Team of Experts – The Atlas Planning Team includes experts in the fields of urban planning, hazard mitigation, and resilience. Key Staff like Aaron Pfannenstiel, Lee Rosenberg, and Dennis Larson have over 80 years of combined experience and will play active roles on this project. Our goal is to provide the highest quality expertise and products to ensure Aliso Viejo has a plan that meets their desires and easily navigates the review and approval process es by Cal OES and FEMA.
Developing Meaningful Content – Plans prepared by our Team not only meet FEMA guidance and requirements, they are also easy to read and use. Our plans have been recognized by state and federal agencies as well as professional organizations for their quality and received awards from the American Planning Association.
123
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 4 Atlas Planning Solutions
Aaron Pfannenstiel will serve as the project manager and the City's primary contact for this project. He is committed to ensuring the highest quality product and process for the City and ensures that all personnel proposed are the personnel that will work on this project.
As a firm principal, Aaron has read and will comply with all terms and conditions contained in this RFP and is authorized to negotiate and execute contracts on behalf of the firm. The cost proposal included remains valid for 180 days from the date of submittal. If you have questions or would like to schedule an interview with our team, please contact us at your convenience.
Respectfully submitted,
Aaron Pfannenstiel
Primary Point of Contact
Aaron Pfannenstiel
Principal
Phone: 951-444-9379
Email: [email protected]
124
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 5 Atlas Planning Solutions
V. Personnel
A. Atlas Planning Solutions
Atlas Planning Solutions (APS) focuses on
making the world a better place. Founded in
2018 in Riverside, California, our mission is to
leverage our skills and experience in
comprehensive planning, climate adaptation,
and hazard mitigation, offering clients a wide
range of consulting se rvices to help navigate
their complex problems and issues. Our focus is
on successful client outcomes that build agency
capacity, create resilient places to live and work,
and create communities that thrive in this ever-
changing landscape.
As a small, wom an-owned, and disabled
veteran-owned business in the State of
California, APS understands that successful outcomes rely on client satisfaction, optimal project management, and a clear understanding of clients ' needs. We strive to exceed our client 's expectations, which has translated into repeat business and numerous referrals for our services.
APS specializes in climate adaptation services and the integration of Hazard Mitigation Planning and General Plan Safety Elements. Since 2006, the State of California has incentivized integrating these two documents, which has become a core service of the firm.
Atlas Planning Solutions Business Information
Legal Name: Atlas Planning Solutions |S-Corporation, Incorporated in 2018 in the State of California.
Address: 6578 Barranca Drive, Riverside, CA 92506
Phone: 951-444-9376
Email: [email protected]; [email protected] Firm Principals/ Officers:
• Suzanne Murray – Principal/ CEO
• Aaron Pfannenstiel – Principal/ CFO/Project Manager
Staff Members:
• Dennis Larson – Senior Planner/GIS Analyst
• Crystal Stueve – Associate Planner
• Robert Jackson – Assistant Planner
Number of Years in Business: 4+ years
Number of Years Performing Requested Services: 22+ Years
B. Qualifications and Experience of Proposed Project Staff The APS team is comprised of key principals with diverse skill sets and experience. We operate under a working principal model, whereby principal owners of the firm are actively involved and 125
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 6 Atlas Planning Solutions
engaged with day -to-day client management, deliverable preparation, and project oversight based on client needs. The team members proposed for this effort are summarized below , and resumes are provided in Attachment A.
Aaron Pfannenstiel will serve as the Project Manager for the APS Team and brings over 20 years of community planning experience, focusing on emergency management, hazard mitigation, and community resiliency. With a background in geology, environmental studies, and urban planning, he helps clients understand hazards, assess vulnerabilities, and develop policies, programs, and mitigation strategies that make communities safer.
Suzanne Murray will serve as a Quality Assurance/Quality Control specialist. With over 16 years of technical writing and editing experience and an emphasis on documents and reports prepared for the federal government, including standard operating procedures, information reports, information and white papers, and presentations. Her primary role with Atlas Planning is preparing and reviewing hazard mitigation and emergency management documents.
Dennis Larson will serve as a senior planner and brings over 22 years of experience leading public agency management programs, policy research efforts, and technical analyses. Dennis will provide vital support to plan integration and vulnerability analysis portions of the plan. Mr. Larson's specialties include advanced planning project development, climate resiliency policy, Geographic Information Services, and economic impact analyses.
Crystal Stueve will serve as a primary researcher and author. With a strong background in writing and research and reliance on over 18 years of experience working for local and federal agencies, she understands the importance of clear communication, documentation of processes and outcomes, and developing plans that are easy to read, understand, and implement.
Robert Jackson will serve as a primary researcher and author. Mr. Jackson has supported Atlas Planning the past three years updating LHMPs and Safety Elements and will bring that knowledge and experience to this effort for the City.
To support this effort, Atlas Planning Solutions has partnered with Navigating Preparedness Associates. Our two firms frequently partner on projects to provide better client service and increased capabilities. The following are details regarding the firm and personnel:
Navigating Preparedness Associates (NPA) Firm Description Navigating Preparedness Associates (NPA), Limited Liability Corporation (LLC) is a Disabled Veteran-Owned Small Business Enterprise (SDVBE), California #1770371, with a single office located in Lafayette, California. Founded in 2014, NPA provides emergency management solutions for local, state, and federal government and private industry . Our associates are experts in delivering solutions across a broad spectrum of mitigation, preparedness, response, and recovery functions.
NPA's Managing Director, Lee Rosenberg, is a Certified Emergency Manager (CEM) with over 35 years of experience leading real -world contingency operations and addressing complex emergency and disaster issues. Mr. Rosenberg is a retired US Navy Captain who also served as a Federal Emergency Management Agency (FEMA) Region IX (RIX) Federal Coordinating Officer. For this project, Mr. Rosenberg will serve as a senior planner and subject matter expert lending his experience and leadership to this project.
126
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 7 Atlas Planning Solutions
C. Team Organizational Chart
To effectively manage the Atlas Planning Team, the following organization chart was developed to highlight how team members will interact with the City. The primary point of contact for the APS Team, Aaron Pfannenstiel will be the primary point of contact with the City’s Project Manager and the go between for the rest of the APS Team. This structure is similar to many of the other successful projects completed by our team in jurisdictions throughout Orange County and California.
127
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 8 Atlas Planning Solutions
VI. Project Approach
The APS Team is excited to present this proposal to the City of Aliso Viejo. It is understood that this project focuses on the preparation of the City’s Local Hazard Mitigation Plan. Preparation of this type of plan requires adherence to the following:
Federal Laws
• Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended.
Federal Regulations
• 44 CFR Part 201 Mitigation Planning.
• 44 CFR, Part 60, Subpart A, including § 60.3 Flood plain management criteria for flood-prone areas.
• 44 CFR Part 77 Flood Mitigation Grants.
• 44 CFR Part 206 Subpart N. Hazard Mitigation Grant Program.
Federal Guidance
• FEMA Local Mitigation Planning Policy Guide (FP 206-21-0002), effective April 19, 2023 State Requirements
• California Government Code §8685.9 and §65302.6 (commonly referred to as Assembly Bill 2140) – incentivizing integration of the LHMP into the General Plan Safety Element • California Government Code §65302 (G)(4) – requiring hazards exacerbated by climate change be discussed in the General Plan Safety Element
Approach Summary
To complete this, the APS Team proposes the following project approach, which reflects the City’s project phases identified within the RFP:
• Focuses on the process used to prepare the
plan and engage City staff, key stakeholders,
and members of the public
Phase 1: LHMP Planning /
Development Process
• Focuses on data gathering, analysis, and
identification of key facilities, populations, and
locations vulnerable to the hazards of concern
Phase 2: Risk Assessment (Hazard
Identification, Hazard Mapping,
Vulnerability Assessment, and
Capability Assessment)
• Focuses on the development of potential
solutions that can mitigate City risks and
vulnerabilities
Phase 3: Hazard Mitigation Strategy
• Focuses on completion of the planning
process and future efforts conducted by the
City to keep the plan relevant and up to date
Phase 4: Hazard Mitigation Plan
Maintenance Process
128
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 9 Atlas Planning Solutions
Key Approach Elements
Phase 1: LHMP Planning / Development Process includes the key elements to meet FEMA requirements for plan preparation. As part of the proposed scope of work, the APS Team has identified tasks that:
• Facilitate the creation and organization of the Hazard Mitigation Planning Committee (HMPC),
• Developing a list of key stakeholders for engagement during the process • The planning and coordination HMPC collaborative working sessions • Public outreach opportunities to update and involve interested residents and stakeholders in the planning process
• Documentation of the internal and external meetings conducted during plan development
Phase 2: Risk Assessment (Hazard Identification, Hazard Mapping, Vulnerability Assessment, and Capability Assessment) includes the key elements to analyze and understand the hazard conditions within the community. As part of the proposed scope of work, the APS Team has identified tasks that:
• Identify the key hazards of concern for the community • Develops critical facilities inventory relevant to City needs and processes • Analyzes the risks and vulnerabilities to critical facilities and vulnerable populations from natural hazards
• Create up-to-date and relevant GIS mapping of natural hazard conditions within the City.
• Assess current capabilities to manage and effectively address the hazards and vulnerabilities identified
Phase 3: Hazard Mitigation Strategy includes the key elements to develop effective mitigation strategies and actions tha t address community needs. As part of the proposed scope of work, the APS Team has identified tasks that:
• Establishment of mitigation goals used to define the problems to be addressed by the LHMP
• Development of mitigation strategies and actions that will achieve the City’s mitigation goals and reduce future risk and vulnerabilities
• Creation of an action plan that highlights key aspects of the City’s mitigation strategy, which will include prioritization, potential funding sources, and key departments responsible for future implementation
Phase 4: Hazard Mitigation Plan Maintenance Process includes the key elements to finalize the plan and ready it for adoption. As part of the proposed scope of work, the APS Team has identified tasks that:
• Provides guidance on how to monitor, evaluate, implement, and update the LHMP • Development of guidance/strategies to aid in the incorporation of the LHMP into other City planning documents
• Finalization of the document for review by the HMPC, Public, Cal OES, and FEMA • Adoption of the document by City Council
129
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 10 Atlas Planning Solutions
Atlas Planning Team Differentiators
The Atlas Planning Solutions Team offers the following differentiators:
Passion – Members of the APS Team
are passionate about helping clients
tackle the issues surrounding climate
change, sustainability, hazards, and
resilience. This has been a focus for
many of our team members' careers.
Helping clients address these issues is
something we care about personally and
professionally.
Experience – Members of the APS
Team have worked in urban planning,
hazard mitigation, and emergency
management for decades. Through these
efforts, we have been able to help
hundreds of clients, provide guidance to
state and federal agencies on these
topics, speak at conferences, and
develop tools and plans that help drive
the profession towards better quality and content. This experience has helped save time and money and avoid many pitfalls that have befallen other jurisdictions in the past.
Creativity – Hazard mitigation planning can be a creative endeavor for our clients. Facilitating this process has allowed many agencies to challenge some of the long-held beliefs, establish new policies, and create projects and opportunities that leverage this plan as well as many other plans.
Knowledge – The APS Team does not focus solely on hazard mitigation plans. Instead, we understand how these plans fit into the bigger picture for an agency and try to leverage the process, allowing for integration into other planning efforts. We understand the value of incorporating the LHMP into the City's Safety Element and the benefits surrounding evacuation planning and emergency operations, which affects the City in various ways. Our goal is to ensure this plan and process helps the City better understand how to leverage new funding sources and accomplish more in the end.
130
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 11 Atlas Planning Solutions
Proposed Schedule
The schedule provided assumes an efficient planning process and discrete timeframes for the internal and external outreach and coordination. Based on the proposed schedule, the APS Team anticipates a 12-month schedule to complete this project.
Staff Hours Allocation
The following table provides
a summary of staff hours by
Project Phase. Additional
detailed information by task
is provided in the Cost
Proposal Section of this
proposal.
Task Name
Phase 1: LHMP
Planning /
Development
Process
Phase 2: Risk Assessment (Hazard
Identification, Hazard Mapping,
Vulnerability Assessment, and
Capability Assessment)
Phase 3: Hazard
Mitigation Strategy
Phase 4: Hazard
Mitigation Plan
Maintenance
Process
Grand Total
Aaron Pfannenstiel 36 18 10 14 78
Suzanne Murray 14 8 4 14 40
Dennis Larson 6 48 0 4 58
Crystal Stueve 22 34 20 24 100
Robert Jackson 46 30 20 36 132
Lee Rosenberg 4 22 0 4 30
131
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 12 Atlas Planning Solutions
VII. Scope of Work
The following scope of work is based on the Atlas Planning Team's understanding of the desired tasks and level of effort necessary to complete a DMA 2000– compliant LHMP. The scope developed is consistent with the City's RFP, including tasks that ensure an efficient and effective planning process. If any proposed tasks need refinement or further discussion, the Atlas Planning team will be happy to work with staff on refinements.
Phase 1 - LHMP Planning/Development Process
APS will conduct a Kick-Off conference call with key staff to form the Hazard Mitigation Planning Committee (HMPC), including key City Departments, identified stakeholders, and other relevant organizations/agencies that support City functions. As part of this call, the APS Team will conduct initial research and discuss key project outcomes, prior planning efforts, and current issues facing the City.
HMPC Meetings
The APS Team will facilitate three HMPC meetings (in person or virtually) to facilitate the hazard mitigation planning process. A summary of the anticipated topics for these meetings include:
HMPC Meeting 1 – Review the planning process, key hazards of concern, and data gathering and research.
HMPC Meeting 2 – Review hazard profiles, risk assessment results, and mapping.
HMPC Meeting 3 – Review mitigation strategies and actions to be undertaken by the City.
Documentation of these meetings will become a foundation of the planning process described in the plan.
Outreach and Engagement
In preparation for outreach and engagement activities the APS Team will prepare a memorandum to the city describing the community engagement strategy in terms of groups to be contacted, structure of meetings and workshops, and methods of advertising the events. As part of this task, the APS Team will coordinate with City staff to ensure the list of contacts is comprehensive and properly targeted.
Upon completion of the engagement memorandum, the APS Team develop materials to advertise planned workshops and suggest additional methods of alerting residents and businesses about the planning process and importance of the LHMP. A flyer for website posting, social media blasts, and print advertisements will be prepared for the community engagement opportunities identified in the memo.
The RFP identifies three public meetings be conducted to get input during the plan development process. To accommodate this, we propose conducting a focus group meeting and two community workshops with either the Planning Commission, City Council, or as a joint workshop, as described below.
Focus Group Meeting
The APS Team working with the City will identify local and regional persons and agencies connected with public/life safety protection services and em ergency preparedness planning in Aliso Viejo . The purpose of the meeting is to gain a 360 -degree perspective of local hazard mitigation planning issues, coordinated response efforts, and strategies for addressing any 132
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 13 Atlas Planning Solutions
concerns in Aliso Viejo. To track participants effectively, the APS team will development a contact matrix that the team will use to conduct outreach to persons/organizations on the list to find a suitable date for a two-hour focus group meeting. As part of this effort, the APS Team will prepare materials for city staff to send to invitees.
Community Workshops
Our team recommends conducting community workshops as part of regularly scheduled Planning Commission or City Council meetings, or as special joint Commission/Council sessions. Our experience on prior LHMPs in other jurisdictions indicates that this approach is the most effective for having robust public participation.
Two workshops will be conducted: the first shortly following the focus group meeting to share the discussion and ideas from local experts, and the second to present the draft plan once it has been prepared. The APS Team w ill prepare materials to announce the meeting suitable for print publications and for posting on the city’s website and via social media.
City Staff Requirements
The APS Team anticipates City staff will support this task by reviewing the engagement strategy memo, outreach content, posting outreach content to the City website and social media accounts, assisting with arranging meeting locations, timing, and pertinent information; and attendance at meetings to provide feedback during the planning process.
Phase 2 - Hazard Identification and Profiling
The APS Team, in partnership with the HMPC , will identify relevant information regarding the anticipated natural hazard threats that could impact the City. Relying on previous work throughout Orange County, the APS Team will work with the HMPC in Meeting #1 to refine the list of relevant hazards and prioritize them for the City. The following list identifies potential hazards that may be included in the LHMP:
Natural Hazards Human-Caused Hazards
Climate Change
Earthquake
Wildfire
Flood Related (including dam failure)
Severe weather-related (extreme temperatures,
drought, fog, heavy rains/thunderstorms,
wind/lightning)
Other Geologic and Soil
Civil Disturbance
Critical Infrastructure Failure
Cyber & Technology Threats
Nuclear and other Hazardous
Materials
Mass-Casualty Incidents (Terrorism)
Those hazards listed in the green column have the greatest potential to assist the City in securing mitigation grant funds since they are natural hazards, while the hazards listed in the blue column may help reinforce the City’s concerns surrounding emergency preparedness and response. 133
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 14 Atlas Planning Solutions
The prepared hazard assessment will
prioritize the hazards included in the LHMP
and create FEMA -compliant hazard profiles
that will include GIS mapping and analysis.
Through this process the City will have a
deeper understanding of local conditions and
how your critical facilities may be affected
(Figure 1).
As a standard practice, the APS Team
addresses climate change within each
hazard profile to ensure compliance w ith SB
379 requirements. This approach has been
used by APS and has been found to make it
easier to focus on updating the content within
the plan, improving readability and
continuity. The data and information
gathered during this task will be shared with the HMPC during Meeting #2. During this task, we typically provide a public outreach opportunity that conveys the overall project information and initial information gathered on the hazards of concern identified by the HMPC for public input and feedback.
City Staff Requirements
The APS Team anticipates City staff will provide feedback on relevant hazards, data, and historical information on the hazards of concern, and guidance on new issues or concerns to be incorporated into the plan.
Asset Inventory and Vulnerability Analysis
Upon confirming the City’s critical facilities inventory and initial GIS mapping, the APS Team will conduct a vulnerability assessment that relies on this information. This vulnerability assessment will include potential loss estima tes, an analysis of the City's development trends and potential changes to demographics, and a social vulnerability analysis, relying on available GIS datasets provided by the City or other local, state, and/or federal agencies (FEMA National Risk Index). All maps prepared will be provided in both ArcGIS and PDF formats for City use. The data and information gathered during this task will be shared with the HMPC during Meeting #2. A key input will include use of FEMA’s National Risk Index to estimate potent ial losses (Figure 2). This is in place of HazUS, as FEMA is now relying on this index to ensure greater consistency between local planning efforts and datasets developed by State and Federal agencies.
Figure 2 - FEMA National Risk Index - Composite Annual Loss for a Census Tract in Aliso Viejo In addition to the mapping and analysis, the APS Team will also prepare a Capabilities Assessment. This task includes a review of the existing planning regulations and pr ograms that Figure 1 - Example of LHMP Seismic Hazards Mapping
134
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 15 Atlas Planning Solutions
can support current mitigation capabilities. A key element of this review is the identification of ways to expand this capability to ensure future efforts are easier and better integrated into the City mitigation planning framework.
City Staff Requirements
The APS Team anticipates City staff will provide feedback on the Critical Facilities Inventory, feedback on the vulnerability assessment and capabilities assessment results, and any relevant data/information that may assist with the analysis as part of this task.
Phase 3 - Develop Mitigation Strategies/Actions
To initiate the development of mitigation strategies and actions, the APS Team will review the existing General Plan, Capital Improvement Plans, the Orange County LHMP, LHMPs from surrounding cities, and the State of California HMP. Based on this review, recommendations for plan's hazard mitigation goals will be provided to the HMPC for discussion and feedback.
Upon completion of the Capabilities Assessment and Mitigation Goals, the APS Team will prepare City mitigation strategies and actions for future implementation. Using our mitigation action worksheets, we will identify the department lead for the specific mitigation action, funding and staffing resources, time frame for completion, and implementation steps for each prioritized mitigation action. The data and information gathered during this task will be shared with the HMPC during Meeting #3. As part of the mitigation actions development, the APS Team will create a Monitoring and Impl ementation Workbook that is incorporated into the Appendix of the LHMP.
This workbook is intended to help City staff understand how mitigation actions should be monitored and implemented and opportunities to incorporate the plan and mitigation strategies and actions into other City functions and plans.
City Staff Requirements
The APS Team anticipates that City staff will provide feedback on potential strategies and capital improvement projects that may become actions . During HMPC Meeting #3, it is expected that participants will help identify additional actions to be incorporated into the plan, priorities for these actions, and other relevant information to finalize them.
Phase 4 – Hazard Mitigation Plan Implementation and Maintenance Process Upon completing Phases 1 through 3, the APS Team will prepare the Administrative Draft LHMP for City staff review. Using the process identified above, members of the HMPC will be assisting with plan development as the research, mapping, and analysis are conducted. In doing so, HMPC members will recognize much of the plan content based on their feedback and review in HMPC meetings 1 through 3. Upon completion, the plan will be provided to City staff for review and comment. Completion of the Administrative Draft LHMP will include a Chapter within the plan that identifies the following key information required by FEMA:
• LHMP Monitoring, Evaluation, Implementation, and Updates • Incorporation of the LHMP in existing planning mechanisms • Schedule for LHMP Implementation
• Continued Public Involvement during the 5-year implementation period. 135
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 16 Atlas Planning Solutions
Once the APS Team has received a consolidated set of comments on the Administrative Draft Plan, the Public Review Draft LHMP will be prepared alongside the FEMA Plan Revi ew Tool, which accompanies the plan when submitted to Cal OES/FEMA for approval.
City Staff Requirements
The APS Team anticipates City staff will provide feedback on the Administrative Draft LHMP document. If HMPC members identify additional information du ring this review, this information can be shared and incorporated into the Public Review Draft LHMP.
Public Draft Review and Revision
Upon completion of revisions and approval from the City, the Public Review Draft LHMP shall be distributed for public review. Using the City's website, social media accounts, and distribution lists, the APS Team will work with staff to identify where the document can be accessed, either electronically or in hard copy. We typically recommend a review period of 30 days, but thi s can be modified based on staff desires. We also recommend a public meeting/workshop that provides an overview of the Public Review Draft LHMP document during the public review period, allowing for questions, comments, and feedback from the public and elected/appointed officials (depending on the meeting location). A compilation of public review comments will be incorporated into the plan, where appropriate, before transmittal to Cal OES/FEMA.
City Staff Requirements
The APS Team anticipates City staff will assist with outreach and engagement efforts during the public review period. Relying on content prepared by the APS Team, we will work with City staff to release announcements and facilitate meetings, allowing for feedback and insight into relevant community concerns that can improve the plan.
Cal OES/FEMA Draft Review
Upon completing the public review period, the APS Team will review comments received and prepare the LHMP for transmittal to Cal OES/FEMA. Completing this task also includes finalizing the FEMA Plan Review Tool (Crosswalk), which accompanies the document w hen transmitted.
Upon receiving comments from Cal OES and FEMA (if warranted), the APS Team will prepare revisions and coordinate with agency staff until deemed satisfactory, allowing the City to adopt the plan.
City Staff Requirements
The APS Team antici pates City staff will review any revisions requested by Cal OES/FEMA, if necessary.
Local Hazard Mitigation Plan Adoption
Upon receiving an Approvable Pending Adoption (APA) letter from FEMA, the APS Team will prepare a final version of the LHMP for presentation and adoption at City Council. The APS Team will assist staff with staff report content and an adoption resolution as part of this task.
Note: Local Hazard Mitigation Plans are considered exempt under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). As such, no environmental compliance is required to adopt the LHMP.
136
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 17 Atlas Planning Solutions
City Staff Requirements
The APS Team anticipates City staff will provide preferred document templates/formats for adoption materials and provide comments and feedback on presentation materials prepared by the APS Team. This task also assumes City staff will coordinate the dates and times for adoption hearings and any notice required to support those hearings.
Optional Tasks
The following optional tasks can be completed alongside the LHMP to take advantage of several efficiencies and ensure greater compliance with California Government Code Requirements. The following optional tasks can be incorporated into our proposed work program
SB99 - Single Ingress/Egress Analysis – General Plan Safety Elements are now required to identify the locations within a community where single ingress/egress (one way in/out) conditions exist and may create constraints to evacuation. This type of analysis is very straight forward and can assist communities prone to evacuation to better understand locations where roadways and parcels taking access on those roadways may become challenged during an evacuation.
AB 747 – Evacuation Assessment – Starting in 2022, this Assembly Bill would require the safety element to be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. While the City may have this information already completed, if the information is outdated or new hazard events have occurred, this task could be incorporated into the scope of work. Typically, completion of this effort would include traffic modeling and assessment of roadway conditions, which Atlas Planning Solutions would complete using one of our transportation consultant partners.
General Plan Safety Element Update – Since 2006 numerous updates to the California Government Code have introduced new requirements for General Plan Safety Element that focus on LHMP integration (AB 2140), Flood (AB 162), Wildfire (SB 1241), Climate Adaptation (SB 379), and Evacuation (SB 99, AB 747). To navigate all of these new requirements, Atlas Planning can support the City with a Safety Element update that integrates the LHMP effectively, complies with these new requirements, and streamlines the policy framework used by the City to review development applications.
EOP Hazards Integration – One of the advantages to preparing/updating the LHMP is the ability to integrate the new information into other relevant documents. A key emergency management document that we often find inconsistencies with the LHMP is a City’s Emergency Operations Plan (EOP). As part of the LHMP preparation process, Atlas Planning has provided focused updates to the EOP ensuring that the hazard discussions between the two documents are consistent and representative of the issues and concerns within the City.
The optional tasks identified above are a sample of the types of additional tasks that Atlas Planning Solutions can offer the City as part of the proposed scope of work. If other tasks are desired by the City, Atlas Planning Solutions would be happy to discuss the City’s preferred scope. If any of these optional tasks are requested by the City, Atlas Planning Solutions will provide a detailed scope of work and budget for the desired task, ensuring the City stays within the identified budget. All of the tasks identified above have been successfully covered by FEMA grant funds awarded to our previous clients and depending on the tasks preferred and level of effort preferred could be covered under the City’s identified budget. 137
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 18 Atlas Planning Solutions
VIII. Team Qualifications/Experience
Atlas Planning Solutions' Hazard Mitigation Planning Experience Atlas Planning Solutions staff have completed or are currently working on several Local Hazard Mitigation Plans and General Plan Safety Elements throughout the State. With extensive experience assisting communities as they address the changing legislative requirements and frameworks governing hazards and resiliency within California, Atlas Planning Solutions has a breadth of experience to support the City.
Over the past 10 years, Atlas Planning Solutions staff have assisted the following jurisdictions throughout Southern California (Jurisdictions in common with Aliso Viejo are in bold):
Atlas Planning Solutions Prior Experience
Jurisdiction LHMP
Assistance
Safety
Element
Assistance
Climate
Adaptation
Assistance
Evacuation
Assistance
City of Anaheim (2022)
City of Canyon Lake (2022)
City of Capitola (2013)
City of Colton (2019)
City of Costa Mesa (2021)
City of Culver City/Culver City School
District (2017)
City of Duarte (2013)
City of Encinitas (2023)
City of Fullerton (2019)
City of Hollister (2022)
City of Huntington Beach
(2012, 2017, 2022)
City of Irvine (2020)
City of La Palma (2020)
City of Laguna Beach (2018, 2021)
City of Laguna Woods (2017)
City of Lancaster (2021)
City of Loma Linda (2022)
City of Maricopa (2015)
City of Palm Desert (2017)
City of Perris (2021)
City of Rancho Cucamonga (2021)
City of Redondo Beach (2020)
City of Santa Rosa (2016, 2022)
City of Saratoga (2012, 2023)
City of Seal Beach (2019)
City of South Gate (2018)
138
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 19 Atlas Planning Solutions
City of Stanton (2022)
City of Torrance (2017)
City of Vernon (2022)
City of Westminster (2017)
Town of Hillsborough (2023)
Town of Portola Valley (2023)
Town of Windsor (2017)
County of Butte (2023)
County of Inyo/City of Bishop (2017)
County of Mendocino (2021)
County of San Diego (2021
County of Santa Clara (2023)
The following representative projects highlight Atlas Planning Solutions relevant experience. Several of these provide reference information as identified by the RFP , and reference letters from past clients have been included in Appendix B:
2023 Costa Mesa LHMP Update | City of Costa Mesa, CA
Atlas Planning Solutions is currently preparing the City of Costa Mesa’s first Local Hazard Mitigation Plan. This plan focuses on key issues within the community like aircraft incidents, climate change, dam failure, seismic and geologic hazards, flooding, hazardous materials, space weather, and terrorism/mass-casualty incidents. As part of this effort, our team is also updating the City’s Emergency Operations Plan and providing guidance on future updates to the General Plan Safety Element and Evacuation Ass essment. The plan was recently reviewed by Cal OES and after minor revisions has been transmitted to FEMA for final review and approval. This project is currently within budget and the original schedule, even with delays suffered by the COVID -19 pandemic and change over in staff. Completion will occur on budget and within the original grant window identified by FEMA/Cal OES.
Duration: March 2021– March 2023
Cost: $150,000
Type of Contract: LHMP Preparation and Emergency Operations Plan Update Key Staff: Aaron Pfannenstiel, Suzanne Murray, Crystal Stueve, Robert Jackson, Dennis Larson
Reference Information
Company Name City of Costa Mesa
Contact Name and Title Brenda Emrick
Company Address 77 Fair Drive, Costa Mesa, CA 92626
Contact Telephone Number 714-327-7406
Contact Email [email protected]
Timeframe March 2021– March 2023
2022 Anaheim LHMP Update | City of Anaheim, CA
Atlas Planning Solutions recently updated the 2017 City of Anaheim LHMP. This update focused on re -prioritizing plan goals and mitigation actions. As part of the update, the City and APS collaborated on revisions to mitigation actions and priorities to ens ure future actions were implementable, which was a big concern for the City. As part of this effort, Atlas Planning Solutions 139
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 20 Atlas Planning Solutions
also updated the City's General Plan Safety Element (adopted on 1/101/2023), which addresses climate adaptation and evacuation concerns. This plan was approved in May 2022 and received zero comments from FEMA during their review. This project was completed on time and within the original budget.
Duration: June 2021 – May 2022 (LHMP Update Timeframe)
Cost: $110,000
Type of Contract: LHMP Update and General Plan Safety Element Update Key Staff: Aaron Pfannenstiel, Suzanne Murray, Crystal Stueve, Robert Jackson, Dennis Larson
Reference Information
Company Name City of Anaheim
Contact Name and Title Dr. Jannine Wilmoth
Company Address 201 S. Anaheim Blvd, Suite 300, Anaheim, CA 92805 Contact Telephone Number 714-765-4095
Contact Email [email protected]
Timeframe June 2021 – January 2023
2022 / 2017 / 2012 Huntington Beach Local Hazard Mitigation Plan Updates | City of Huntington Beach, CA
Atlas Planning Solutions updated the City's 2022 LHMP. This is the third opportunity for Atlas Planning Solutions staff to support the City with their LHMP. Prior updates occurred in 2012 and 2017. These updates included reviews of city plans and policies, identification of facilities necessary for city operation, prioritization of hazards, preparation of hazard profiles that could impact the city, preparation of a risk assessment, and updated mitigation actions to reduce potential vulnerabilities in the future. The process included facilitating meetings with city department personnel and various stakeholders, and close coordination with City staff to ensure that the appropriate focus and direction were used to complete the document. In addition, an online public opinion survey was distributed to over 3,000 residents, stakeholders, and interested parties via a press release, direct correspondence, and the City's website. The final review of both the 2012 and 2017 plans by Cal OES and FEMA Region IX resulted in minimal comments and revisions. The 2022 LHMP Update received zero comments from FEMA during their review and was adopted by the City in December 2022. This project was completed on time and within budget. All prior updates have also been completed in the same manner.
Contract Year: July 2021 – December 2022
Cost: $30,000
Type of Contract: LHMP Update
Key Staff: Aaron Pfannenstiel, Suzanne Murray, Crystal Stueve, Robert Jackson, Dennis Larson
Reference Information
Company Name City of Huntington Beach
Contact Name and Title Brevyn Mettler, Emergency Services Coordinator Company Address 2000 Main St, Huntington Beach, CA 92648 Contact Telephone Number 714-374-1565
Contact Email [email protected]
Timeframe July 2021 – December 2022
140
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 21 Atlas Planning Solutions
2021 Rancho Cucamonga LHMP Update | City of Rancho Cucamonga, CA Atlas Planning Solutions has assisted the City of Rancho Cucamonga since December 2019 on various hazard-related efforts. During this time, the APS Team assisted with an update to the General Plan Safety Element (as part of the Plan RC project), updated the City's 2021 Local Hazard Mitigation Plan, supported the preparation of an Evacuation Assessment that met both SB99 and AB 747 requirements, and is currently updating the City's Emergency Operations Plan.
Key concerns throughout these projects focus on the prevalence of high wildfire risks that could trigger the need for emergency response and evacuations. Key outcomes of this effort include better integration of the EOP, LHMP, and Evacuation Assessment with the General Plan Safety Element and the ability of the City to better align goals, policies, and implementation actions across these different planning frameworks. The LHMP Update was completed in approximately 15 months (suffering minor delays during the start of the COVID -19 Pandemic). Review and approval by Cal OES and FEMA involved minor revisions that significantly streamlined the review and approval process. This project was completed on time and within budget.
Duration: February 2020 – May 2021 (LHMP Update Timeframe) Cost: $179,240
Type of Contract: LHMP Update, General Plan Safety Element Update, Evacuation Assessment, and EOP Update
Key Staff: Aaron Pfannenstiel, Suzanne Murray, Crystal Stueve, Robert Jackson
Reference Information
Company Name City of Rancho Cucamonga (Fire Protection District) Contact Name and Title Joseph Ramos, Emergency Management Coordinator Company Address 10500 Civic Center Dr, Rancho Cucamonga, CA 91730 Contact Telephone Number 909-774-3009
Contact Email [email protected]
Timeframe December 2019 – December 2022
2021 County of Mendocino Safety Element Update, LHMP Update, and Climate Adaptation Vulnerability Assessment | County of Mendocino, CA
Atlas Planning Solutions led a multi-disciplinary team that updated the Mendocino County Multi- Jurisdictional Hazard Mitigation Plan and General Plan Safety Element and prepared a Climate Adaptation Vulnerability Assessment. This update focused on recent wildfire incidents that have occurred within the region in the past three years, as well as the changing regulatory requirements necessary to ensure compliance with state law. Both the MJHMP and Climate Adaptation Vulnerability Assessment provide the foundation for goals and policies that the County and Cities will implement in the future, as well as mitigation strategies to further reduce potential hazards in the near term.
Duration: March 2020 – June 2021
Cost: $289,828
Type of Contract: Safety Element Update, LHMP Update, Climate Adaptation Vulnerability Assessment
Key Staff: Aaron Pfannenstiel, Suzanne Murray, Crystal Stueve, Robert Jackson
Reference Information
Company Name County of Mendocino
Contact Name and Title Nash Gonzalez, Planning Director 141
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 22 Atlas Planning Solutions
Company Address 501 Low Gap Road, Ukiah, CA 95482
Contact Telephone Number 707-234-6693
Contact Email [email protected]
Timeframe March 2020 – June 2021
2020 Irvine LHMP Update | City of Irvine, CA
Atlas Planning Solutions prepared the 2020 update of the City of Irvine LHMP. This update focused on refreshing the last updated plan in 2005 and ensuring the current version met all of the new FEMA requirements introduced in 2011. As part of the update, t he APS Team had to navigate the changing conditions associated with COVID -19 restrictions and demands on staff time and capacity. The plan's update received minimal comments from Cal OES and obtained FEMA approval without comment.
Contract Year: August 2019 – August 2020
Cost: $75,101
Type of contract: LHMP Update
Key Staff: Aaron Pfannenstiel, Suzanne Murray, Crystal Stueve, Robert Jackson, Dennis Larson
Reference Information
Company Name City of Irvine
Contact Name and Title Robert Simmons, Emergency Management Administrator Company Address 1 Civic Center Plaza, Irvine, CA 92606
Contact Telephone Number 949-724-7235
Contact Email [email protected]
Timeframe August 2019 – August 2020
2021 Laguna Beach Safety Element Update and 2018 Laguna Beach Local Hazard Mitigation Plan | City of Laguna Beach, CA
Atlas Planning Solutions staff have supported several projects for the City of Laguna Beach. In 2021 Atlas Planning supported the City’s update of the General Plan Safety Element. This update focused on streamlining the Safety Element, which was previously adopted in 1995. As part of this process, Atlas Planning updated the element to ensure compliance with Government Code updated (SB 1241, SB 379, AB 2140) and supported the City during the Cal Fire / Board of Forestry review and approval process and facilitated discussions with Emergency and Disaster Preparedness Committee members that collaborated on the element update process. During the update, Aaron worked with Marc Weiner, James Brown, and Brenden Manning on this update.
Prior to joining Atlas Planning, Aaron Pfannenstiel managed the preparation of the City’s first LHMP. Key issues identified in this LHMP include d wildfire (numerous incidents have impacted the community over the years), flooding, and landslides. During the hazard mitigation planning process, significant community outreach included social media outreach (via Facebook, Twitter, and Nextdoor), interactive and informative community workshops, and an online survey that gathered information from over 100 respondents. During the update, Aaron worked with Jordan Villwock (previous Emergency Services Coordinator for Laguna Beach on this update.
Contract Year: June 2000 – August 2001 | July 2017 – June 2019 Cost: $115,000
Type of Contract: Safety Element Update | LHMP (New)
142
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 23 Atlas Planning Solutions
Key Staff: Aaron Pfannenstiel, Suzanne Murray, Robert Jackson, Crystal Stueve
Company Name City of Laguna Beach
Contact Name and Title Marc Wiener, Community Development Director Company Address 505 Forest Avenue, Laguna Beach, CA 92651 Contact Telephone Number 949-497-0361
Contact Email [email protected]
Timeframe June 2020–August 2021
Company Name City of Ontario (for a project at City of Laguna Beach) Contact Name and Title Jordan Villwock, Fire Administration Director Company Address 415 E. B Street, Ontario, CA 91764
Contact Telephone Number 909-395-2543
Contact Email [email protected]
Timeframe July 2017–June 2019
In addition to Atlas Planning Solutions experience, Navigating Preparedness Associates (NPA) has decades of experience in the following areas:
• Disaster Mitigation Act (DMA) 2000 Compliant Hazard Mitigation Plans • Water District Emergency Preparedness
• Public Health Emergency Preparedness and Response
• City, County, and Special District Emergency Operations Plans • Maritime Threat Analysis and Response
• Catastrophic Incident Planning
• Homeland Security Exercise and Evaluation Program (HSEEP) Compliant Exercises
NPA has completed the development of, or updates to, dozens of LHMPs. Key relevant past projects completed by NPA are identified below:
• Valley County Water District: LHMP update (2020)
• City of Lynwood LHMP (2020)
• City of Artesia LHMP (2020)
• City of Hawthorne LHMP (2020)
• County of Tulare Multi-jurisdiction LHMP (2018)
• Gila County, AZ Multi-jurisdiction LHMP (2018)
• City of Hermosa Beach LHMP (2017)
• City of Covina - Water Agency ERP (2017)
• City of Pittsburg, CA (2016)
• Water Emergency Transportation Authority: Develop LHMP and other projects (2016) Atlas Planning Solutions does not have any previous or current contracts with the City of Aliso Viejo
Since firm inception (2018), Atlas Planning Solutions has not been terminated on any contracts executed.
143
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 24 Atlas Planning Solutions
IX. Additional Forms
144
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 25 Atlas Planning Solutions
145
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 26 Atlas Planning Solutions
146
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 27 Atlas Planning Solutions
X. Cost Proposal
Atlas Planning Solutions has provided a cost proposal based on tasks and hourly rate schedule.
The following assumptions were used to develop this cost proposal:
• Plan preparation will rely on readily information from existing City plans and relevant plans and information from County and State plans.
• No issues are anticipated with the City's typical payment procedures and timeframes. • No additional fees are anticipated beyond those identified in the proposed cost proposal. • The proposed fee is our best estimation based on our assessment of the City needs. If any assumptions are incorrect or require refinement, the APS Team will be happy to work with the City to refine this estimate.
• APS proposes a project contingency budget of 10% of the proposed fee. This amount is identified for unanticipated needs or additional work desired by the City. Use of this budget would only occur with prior approval by the LHMP Project Manager. • Optional Tasks have been identified in the scope of work. A budget for these can be provided upon request if the City would like to add them to the project.
Aaron
Pfannenstiel
Suzanne
Murray
Dennis
Larson
Crystal
Stueve
Robert
Jackson
Lee
Rosenberg
210$ 140$ 175$ 135$ 110$ 165$
Phase 1: LHMP Planning / Development Process 36 14 6 22 46 4 $19,260 Project Kick-Off Meeting and Research
(HMPC identification, Stakeholder Identification) 4 2 2 6 8 2 $3,490 HMPC Meetings (3) 12 6 12 $4,680
Community Engagement Strategy/Content 4 4 6 8 $3,090
Public Workshops (3) 8 2 10 16 $5,140
Project Management/Coordination 8 2 2 2 2 $2,860
Phase 2: Risk Assessment (Hazard Identification, Hazard Mapping, Vulnerability Assessment, and Capability Assessment) 18 8 48 34 30 22 $24,820 Hazard Identification and Profiles 4 2 8 12 12 2 $5,790 Hazard Mapping 4 2 20 8 8 2 $6,910
Hazard Vulnerability Assessment 8 2 20 12 8 2 $8,290
Capability Assessment 2 2 2 2 16 $3,830
Phase 3: Hazard Mitigation Strategy 10 4 0 20 20 0 $7,560 Develop Hazard Mitigation Goals 2 4 4 $1,400
Develop, Update, Evaluate, and Prioritize Mitigation Actions 4 2 8 8 $3,080 Mitigation Actions Implementation Plan 4 2 8 8 $3,080
Phase 4: Hazard Mitigation Plan Maintenance Process 14 14 4 24 36 4 $13,460 Administrative Draft LHMP (includes:
Monitoring, Evaluating, and Updating,
Incorporation into Existing Planning Mechanisms,
Implementation Schedule, and
Continued Public Involvement)
4 4 2 8 16 4 $5,250
Public Review Draft LHMP and Revisions 4 4 2 8 8 $3,710 Final Draft LHMP 2 2 8 8 $2,660
Final Plan Approval and Adoption 4 4 4 $1,840
Reimbursable Expenses (mileage, reproduction, other materials) $1,000 Grand Total 78 40 58 100 132 30 $66,100
Task Name Total Fees
147
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 28 Atlas Planning Solutions
148
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 29 Atlas Planning Solutions
Attachment A – Staff Resumes
The following resumes for Atlas Planning Solutions Team members supporting the Aliso Viejo LHMP Update are provided below.
149
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 30 Atlas Planning Solutions
AARON PFANNENSTIEL, AICP
Principal, CFO
Email: [email protected]
Phone: 951-444-9379
Years of Experience: 22
EDUCATION/DEGREES
• M.U.R.P., 2005, Regional Planning/Urban Planning, California State Polytechnic University, Pomona • B.A., 2001, Environmental Studies, University of California at Santa Barbara • B.S., 2001, Geological Sciences, University of California at Santa Barbara
PROJECT MANAGER | SAFETY ELEMENT AND HAZARD MITIGATION SME Aaron has 20 years of experience in community planning, focusing on emergency management, hazard mitigation, and community resiliency. With a background in geology, environmental studies, and urban planning, he helps clients understand hazards, assess vulnerabilities, and develop policies, programs, and mitigation strategies that make communities safer. Over the past decade, he has also trained hundreds of students, planners, and other professionals in these topics.
Aaron incorporates hazard mitigation into comprehensiv e planning projects to increase resiliency in communities. He prepares local and multi -jurisdictional hazard mitigation plans, emergency operations plans, general plans, and safety elements. He recently assisted clients with developing innovative planning practices as part of a pilot program that enhances communities ' adaptation to wildfires. Aaron has also prepared environmental documents for CEQA compliance and due diligence and feasibility studies, and he has conducted community outreach and education efforts in communities throughout California.
RELEVANT AND CURRENT EXPERIENCE
Local Hazard Mitigation Plans and Safety Elements
Assisting*/ assisted the following communities with preparation/updates to their General Plan Safety Elements and Local Hazard Mitigation Plans in the past three years:
• City of Costa Mesa, Local Hazard Mitigation Plan, Project Manager* • City of Vernon, Local Hazard Mitigation Plan Update, Project Manager* • City of Stanton, Local Hazard Mitigation Plan, Project Manager* • City of Anaheim, Local Hazard Mitigation Plan Update, Project Manager* • City of Canyon Lake, General Plan Safety Element Update, Project Manager* • City of San Bernardino, Local Hazard Mitigation Plan Update, Project Manager* • City of Rancho Cucamonga , General Plan Safety Element/ Local Hazard Mitigation Plan Updates, Emergency Operations Plan Update, Project Manager
• City of Loma Linda , General Plan Safety Element/ Local Hazard Mitigation Plan Updates, Project Manager
• City of Irvine, Local Hazard Mitigation Plan Update, Project Manager. • City of La Palma, Local Hazard Mitigation Plan, Project Manager. • City of Laguna Beach, Local Hazard Mitigation Plan, Project Manager. • City of Redondo Beach, Local Hazard Mitigation Plan, Project Manager. • City of Seal Beach, Local Hazard Mitigation Plan, Project Manager. • City of Fullerton, Local Hazard Mitigation Plan Update, Project Manager. 150
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 31 Atlas Planning Solutions
• City Colton, General Plan Safety Element and Local Hazard Mitigation Plan Update, Project Manager. • City of Willits, General Plan Safety Element Update, Project Manager • San Diego County, General Plan Safety Element Update, Task Leader
City of Anaheim Local Hazard Mitigation Plan Update, General Plan Safety Element Update , (2021- Current), Project Manager
Currently assisting the City of Anaheim with the update to their 2017 City of Anaheim Local hazard Mitigation Plan, (currently in FEMA/Cal OES review). The LHMP update project focused on climate change and resilience strategies as well as the comprehensive update to the LHMP, mapping, current hazards that affect the City, and demographics. APS is currently assisting the City on the General Plan Safety Element update, with a focus on evacuation, concentrated on the eastern portion of the City , Anaheim Hills, where wildfire is a major concern. This includes an evacuation analysis of the transportation network, with policy recommendations on improving the resilience, capability, and function of the evacuation routes within this portion of the City.
City of Stanton Local Hazard Mitigation Plan, (2021 -Current), Project Manager Currently assisting the City of Stanton with creating its first Local Hazard Mitigation Plan. The City will be eligible for FEMA hazard mitigation grant funding upon FEMA approval and formal adoption by the City.
The project focuses on the natural and human- made hazards that affect the city , em phasizing climate change and its effect on natural hazards to meet current California legislation. APS has had to navigate the challenges of the COVID -19 restrictions as part of this update. The plan is currently being reviewed by FEMA and Cal OES.
City of Vernon Local Hazard Mitigation Plan Update, (2021 – Current), Project Manager Currently assisting the City of Stanton with its 2022 LHMP update. The previous Natural Hazards Mitigation Plan expired in 2009; APS updated the plan to meet current Cali fornia legislation. This included a comprehensive climate change evaluation for the city, its population, and potential future impact on the natural hazards that affect the city. Given Vernon's uniquely industrial and commercial nature, very low residential population, large daytime workforce, and the COVID -19 pandemic , this project required a different approach tha n a typical LHMP. Mitigation actions and resiliency strategies had to be tailored to Vernon's unique nature. Currently, the Plan is under public review, awaiting submission to FEMA and Cal OES.
PlanRC – General Plan Safety Element Update, Hazard Mitigation Plan Update, Emergency Operations Plan Update, (City of Rancho Cucamonga, CA, 2020-21), Project Manager Assisted the City of Rancho Cucamonga with their Local Hazard Mitigation Plan ( adopted by City Council in 2021), General Plan Safety Element update, and the preparation of an evacuation plan (as a subconsultant to Fehr & Peers) for the northern portion of the c ity. APS is also managing the Emergency Operations Plan update for the City. This comprehensive project is focused on a better understanding of the current hazard conditions that may impact the city and how these conditions could change in the future due to climate change.
City of Costa Mesa Local Hazard Mitigation Plan, (2020-21), Project Manager Currently assisting the City of Costa Mesa with creating its first Local Hazard Mitigation Plan. The City will be eligible for FEMA hazard mitigation grant funding upon FEMA approval and formal adoption by the City.
The project focuses on the natural and human- made hazards that affect the c ity, emphasizing climate change and its effect on natural hazards to meet current California legislation. APS has had to navigate the challenges of the COVID-19 restrictions as part of this update.
City of Irvine Hazard Mitigation Plan Update (2020), Project Manager Assisted the City of Irvine with an LHMP update. The City 's previous plan expired in 2009; APS updated the plan to meet current California legislature requirements, allowing the City to again qualify for FEMA 151
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 32 Atlas Planning Solutions
hazard mitigation grant funding. As part of the update, this project included a comprehensive evaluation of climate change within the city, the population, and the potential impact of future natural hazards on the city.
As part of the update, the APS Team had to navigate the changing conditions associated with COVID -19 restrictions and staff time and capacity demands. The plan's update occurred with minimal comments from Cal OES and received FEMA approval without comment.
City of Fullerton Hazard Mitigation Plan Update (2019)
As a subconsultant to PlaceWorks, Mr. Pfannenstiel updated the City of Fullerton's Local Hazard Mitigation Plan previously adopted in 2012. With an expired plan, the City could not secure hazard mitigation grants.
Working with the City to update their plan to ensure future access to hazard mitigation funds, this process was initiated in April 2018. In March 2019, the City released a draft copy for public review and comment.
The plan was then submitted, reviewed, and approved by Cal OES staff and FEMA in June 2019. It was approved and adopted in its final version by the City in 2020.
City of Laguna Beach Local Hazard Mitigation Plan, Safety Element Assistance, and Emergency Operations Plan Update (2018), Project Manager
As a subconsultant to PlaceWorks, Mr. Pfannenstiel assisted the City with preparing its first LHMP, updating its general plan safety element, and updating its Emergency Operations Plan. Critical issues for this community include wildfire (numerous incidents have impacted the community over the years), flooding, and landslides. During the hazard mitigation planning process, significant community outreach included social media outreach (via Facebook, Twitter, and Nextdoor), interactive and informative community workshops, and an online survey that gathered information from over 100 respondents. As part of this effort, the City's 1995 General Plan Safety Element was reviewed and updated to ensure compliance with changes to the Government Code (SB 1241, SB 379, AB 2140).
City of Huntington Beach Hazard Mitigation Plan Update (20 12 and 2017), EOP Update (2013 and Current), General Plan Update (2017), Project Manager
Currently assisting the City of Huntington Beach with the update to their 2022 LHMP and the 2021 Emergency Operations Plan, which is an update to the 2013 plan. Aaron Pfannenstiel previously assisted and managed both the 2012 and 2017 LHMP updates for the City; he also assisted in updating the Safety Element as part of the General Plan update in 2017.
Mendocino County MJHMP Update, Climate Adaptation Vulnerability Ass essment, and Safety Element Update, Project Manager
Managed a multi -disciplinary team of consultants assisting the County of Mendocino with updating the MJHMP, General Plan Safety Element, and preparing a Climate Adaptation Vulnerability Assessment. This update focused on wildfire hazards due to recent wildfires that impacted the County, as well as climate change and evacuation- related requirements recently adopted by the California State Legislature. Upon completing this project, the County and five partic ipating jurisdictions now have an updated MJHMP that allows them to pursue FEMA mitigation grant funds and better understand the current and potential future hazard conditions associated with climate change.
San Diego County General Plan Safety Element Up date, Project Manager (As subconsultant to Ascent)
Assisted the County with the General Plan Safety Element Update preparation and review to address the changes in California Government Code. This comprehensive project focused on a better understanding of the current hazard conditions that may impact the county and how these conditions could change in the future because of climate change. This update also included a comprehensive evaluation of evacuation routes related to natural hazards and ensuring compliance with the California Government Code.
City of Lancaster, General Plan Safety Element Update, Project Manager (As subconsultant to MIG) Assisted the City with the 2009 General Plan Safety Element Update preparation and review. A comprehensive update that focused on a better understanding of climate change and its effect on natural 152
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 33 Atlas Planning Solutions
hazards and a review and update of the current evacuation route network of the c ity and how the system can be adversely affected by natural hazards. The update ensures that the City Safety Element will meet all current California Government Code requirements.
Town of Mammoth Lakes, Resilient Mammoth Lakes Safety Element Update, Project Manager Assisted the Town of Mammoth Lakes with a climate adaptation and resilience- focused update to their General Plan, which included a focused update of the Safety Element and Housing Element to comply with recent updates to the California Government Code.
WRCOG/SBCTA, Climate Adaptation and Resiliency Toolkit, Project Manager (As subconsultant to PlaceWorks)
Assisted the Western Riverside Council of Governments and the San Bernardino County Transportation Authority with preparing a Climate Adaptation and Resiliency Toolkit. This toolkit includes the preparation of a climate adaptation vulnerability assessment in conformance with the California Adaptation Planning Guidebook, an Evacuation Network Analysis using climate change/adaptation datasets to project future evacuation vulner abilities, and guidance for over 40 local agencies to better understand and integrate climate adaptation and resiliency into their local planning and policy frameworks through their General Plan Safety Elements.
Work Completed prior to Atlas Planning Solutions
Hazard Mitigation and Emergency Management Planning
Local Hazard Mitigation Plans/Updates
Assisted the following communities with preparation/updates to their Local Hazard Mitigation Plans:
● City of Needles, Hazard Mitigation Plan Annex Update, Project Manager. ● City of Huntington Beach, Hazard Mitigation Plan Update, Project Manager. ● City of Capitola, Hazard Mitigation Plan, Project Manager. ● City of Duarte, Local Hazard Mitigation Plan.
● City of San Luis Obispo, Local Hazard Mitigation Plan Update, QA/QC. ● City of Westminster, Local Hazard Mitigation Plan, Project Manager. ● City of South Gate, Local Hazard Mitigation Plan Update, Project Manager. ● City of Culver City, Multi-Jurisdictional Hazard Mitigation Plan Update, Technical Advisor. ● City of Santa Rosa, Local Hazard Mitigation Plan Update, Project Manager. ● City of Torrance, Local Hazard Mitigation Plan Update, Project Manager. ● County of Inyo, Multi-Jurisdictional Hazard Mitigation Plan Update, Project Manager. ● Town of Windsor, Local Hazard Mitigation Plan Update, Project Manager.
Comprehensive Planning
General Plan Safety Element Updates
Assisted the following communities with Safety Element updates in conformance with California Government Code Section 65302 (g):
● City of South Gate, Safety Element Update and Local Hazard Mitigation Plan*, Project Manager. ● City of Lynwood, Health and Safety Element Update. (Subconsultant to Raimi + Associates) ● City of Palm Desert General Plan Update*, Project Manager. (Subconsultant to Raimi + Associates, preparing Safety Element and Program EIR)
● City of Maricopa, Safety Element Update and Local Hazard Mitigation Plan Annex*, Project Manager.
● City of Laguna Woods, Safety Element Update*, Assistant Project Manager. ● City of Camarillo, General Plan Safety Element, Assistant Project Manager. ● City of Saratoga, General Plan Safety Element*, Project Manager. ● City of Wasco, General Plan Safety Element Update, Project Manager. ● City of Glendora, General Plan Update, Primary Safety Element Author. * Includes the preparation of necessary CEQA documentation. 153
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 34 Atlas Planning Solutions
SUZANNE MURRAY
Principal, CEO
Phone: 951-444-9379
Email: [email protected]
Years of Experience: 16
Education/Degrees:
• M.A., Current, Emergency Management/Homeland Security, AMU • M.A., 2008, English, National University
• B.A.., 2004, English, University of California Riverside • A.A., 2007, Intelligence Operations, Cochise College, Sierra Vista, AZ • Certificate, 2021, Copyediting, UCSD Extension
TECHNICAL WRITER, EDITOR | RESEARCHER | ANALYST | EDUCATOR Suzanne Murray has authored many classified government documents throughout a 16- year career in the military. Notable documents include research and White Paper composition on Afghanistan tribes and human terrain in Afghanistan and Iraq, and North Korean cyberterrorism threats on United States ports of entry. Additional documents include training manuals for unit training to enhance readiness and training capabilities.
Relevant and Current Project Experience
• City of Irvine, Local Hazard Mitigation Plan Update : Provided technical editing assistance on the Irvine Local Hazard Mitigation Plan.
• City of Vernon, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties include technical editing and document production of the LHMP document and support during the hazard mitigation planning process. • City of Stanton, Local Hazard Mitigation Plan: Currently assisting in developing the City's first Local Hazard Mitigation Plan. Primary duties include technical editing and document production of the LHMP document and support during the hazard mitigation planning process. • City of Anaheim, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties include technical editing and document production of the LHMP document and support during the hazard mitigation planning process. • City of Willits, General Plan Safety Element Update: Assisted the City with researching, writing, and drafting their LHMP update. Primary duties included technical editing and document preparation. • City of Irvine, Local Hazard Mitigation Plan Update: Assisted the City with researching, writing, and drafting their LHMP update. Primary duties included research, technical writing, and technical editing. • City of La Palma, Local Hazard Mitigation Plan: Assisted the City with researching, writing, and drafting their LHMP. Primary duties included research, technical writing, and technical editing. • Inyo County, Emergency Operations Plan Update: Primary duties include d technical editing and review and Incident Specific Annex preparation.
• City of Loma Linda LHMP and General Plan Safety Element Updates: Currently assisting the City with updating their 2011 LHMP and 2009 General Plan Safety Element. Primary duties include technical editing and review.
• City of Rancho Cucamonga Local Hazard Mitigation Plan and Safety Element Update : Assisted the City in preparing the update to the City 's 2013 Local Hazard Mitigation Plan, accompanying the updated General Plan Safety Element. These updates are part of the comprehensive General Plan 154
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 35 Atlas Planning Solutions
Update currently underway by a multi -disciplinary team managed by the City. Primary duties include research, technical writing, and technical editing.
• City of Laguna Beach General Plan Safety Element Update: Updated the City of Laguna Beach General Plan Safety Element to address wildfire, landslide, and flood hazards, as well as compliance with recent changes to California Government Code Section 65302 g (1). Primary duties include technical editing and review.
• City of Costa Mesa, Local Hazard Mitigation Plan: Currently assisting the City with drafting the Costa Mesa Local Hazard Mitigation Plan. Primary duties include research, technical editing, and review.
OTHER RELEVANT EXPERIENCE
United States Army Reserve, Human Intelligence Collector 2004- Present
Staff Sergeant with three overseas deployment experiences as an Intelligence Collector and Analyst.
Report writing included Intelligence Information Reports and White Papers involving information to piece together information for various intelligence gaps. Intelligence Information Reports and White Papers required investigation, interviewing, and research before publication into the intelligence community.
SAIC
2011–2013
Conducted research on different cases for detained personnel within the Detention Facility in Parwan, Bagram, Afghanistan. Information gathered was analyzed into report format and delivered via oral examination to a panel of field- grade military officers to translate classified information into usable unclassified information. This data was used to determine if a detainee's intelligence reporting was attributable to him for use in an Afghan court of law.
PROFESSIONAL AFFILIATIONS PROFESSIONAL CERTIFICATIONS United States Army Reserves DoD Top Secret Clearance w/ SCI Eligibility Education Specialist (Special Educator) Secondary English Credential
FEMA TRAINING COURSES
IS 100
IS 230
IS 235
155
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 36 Atlas Planning Solutions
DENNIS LARSON
Senior Planner
Phone: 951-444-9379
Years of Experience: 24
Education/Degrees:
• M.A., Economics, California State San Diego
• B.A., Geography, California State San Diego
HAZARD MITIGATION PLANNER | GIS MAPPING TECHNICAL EXPERT | CLIMATE CHANGE
SUBJECT MATTER EXPERT
Mr. Larson has 18 years of experience in public agency program management, policy research, and technical analysis. His specialties include long- range planning, hazard mitigation, climate resiliency, Geographic Information Services, and economic impact analyses. Dennis helps public agencies and private firms develop and evaluate policies, programs, and strategies with measurable performance impacts.
Relevant and Current Project Experience
• City of Vernon, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties involve GIS analysis and preparation of the risk assessment.
• City of Stanton, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties involve GIS analysis and preparation of the risk assessment.
• City of Anaheim, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties involve GIS analysis and preparation of the risk assessment.
• City of Costa Mesa, Local Hazard Mitigation Plan: Currently assisting in developing the City 's updated Local Hazard Mitigation Plan. Primary duties involve GIS analysis and preparation of the risk assessment.
• San Diego Unified Port District, Port Master Plan Update, Safety and Resiliency Element (2015 – Current): Dennis has led a multi -disciplinary team of consultants since 2015 to prepare a comprehensive update to the Port Master Plan, including drafting a new Safety and Resiliency Element.
The work program includes updating all policies, development standards, and identification of allowable uses within the District's jurisdiction on and around San Diego Bay. (2017 Award Winner: Outstanding Public Involvement, National Association of Environmental Professionals) • City of Irvine, Local Hazard Mitigation Plan (2020): Dennis provided technical support using Geographic Information Systems and applied data research. He collected temporal and spatial information from federal, state, and local resources to map existing conditions, identify projected hazards, and summarize potential impacts to affected geographies. • City of Rancho Cucamonga, Safety Element (2020): Dennis provided technical support using Geographic Information Systems and applied data research. He evaluated the city's existing and projected demographic and economic conditions to understand the relationship between potential hazards and vulnerable populations.
• San Diego Unified Port District, AB691 SLR Vulnerability Assessment and Coastal Resiliency Report (2019): Dennis led a multi-disciplinary team of consultants to prepare the coastal vulnerability assessment. The work program included an analysis of the impacts of projected sea- level rise, an 156
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 37 Atlas Planning Solutions
estimate of financial costs of the impacts, and a strategy for how the local trustee may protect and preserve existing and proposed natural and built environment resources and facilities. (2019 Award Winner: Outstanding Environmental Technical Report, San Diego Chapter, Association of Environmental Professionals)
• San Diego Unified Port District, San Diego Ocean Planning Partnership and Preliminary Assessment Report (2019): Dennis was the advisor for developing the San Diego Ocean Planning Partnership - a collaborative pilot project between the California State Lands Commission and the Port of San Diego. Dennis also guided the project team to engage with over 100 stakeholders to understand better the risks, hazards, and opportunities in the ocean space offshore San Diego County and helped draft the Preliminary Assessment Report. (2019 Award Winner: Outstanding Public Involvement, San Diego Chapter, Association of Environmental Professionals) • San Di ego Regional Climate Collaborative and National Oceanic and Atmospheric Administration, Comparing Sea Level Rise Adaptation Strategies in San Diego: An Application of the NOAA Economic Framework (2017): Dennis was tasked with providing a comparative benefit- cost analysis of coastal resilience strategies for participating cities in San Diego County following the framework outlined in the NOAA funded study, What Will Adaptation Cost? An Economic Framework for Coastal Community Infrastructure. Dennis collaborated with the Federal Emergency Management Administration and NOAA on using and integrating the FEMA HAZUS -Flood model with NOAA 's framework to evaluate the temporal, spatial, and financial impacts of potential hazards at the local level. • City of Encinitas, FEMA Benefit -Cost Analysis for Coastal Hazard Resiliency (2017): Dennis researched, developed, and implemented a data collection and analysis protocol to identify, monitor, and evaluate coastal hazards in the city. By integrating public works hazard response data into the Federal Emergency Management Administration' s Benefit -Cost Analysis Tool, the City can better evaluate and monitor changes in the frequency and magnitude of hazard impacts and the associated costs to respond.
• City of San Diego, Otay Mesa Community Plan Update, Public Facilities, Safety, & Services Element (2014): Dennis helped manage and draft the community plan update that provided a unique opportunity to coordinate a multi -modal transportation network, balancing economic prosperity with housing needs, and coordinating infrastructure financing and phasing with complex land-use decisions.
He was responsible for drafting safety policies for seismic and hazardous materials. (2017 Award Winner: Comprehensive Planning Award – Large Jurisdiction, San Diego Chapter, American Planning Association)
• City of San Marcos, Safety Element (2012): Dennis provided technical support to develop the Safety Element, including data collection and analysis of existing and projected conditions. Using Geographic Information Systems, he identified potential impacts on vulnerable populations and helped to draft policies to plan, prepare, and respond to hazardous conditions.
FEMA Training Courses
IS 100
IS 200
IS 700/ IS 800
EOC Operations and Planning for All Hazards
157
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 38 Atlas Planning Solutions
CRYSTAL STUEVE
Associate Planner
Phone: 951-444-9379
Email: [email protected]
Years of Experience: 15
Education/Degrees:
• M.A., 2017, Mass Communications & Journalism, Kent State University • B.S., 2012, Intelligence Management, Henley-Putnam University RESEARCHER | ANALYST | TECHNICAL WRITER AND EDITOR
Crystal Stueve has authored many classified government documents throughout her 19-year career in the military. Notable compositions include research and analytical reports on the Islamic State of Iraq and the Levant (ISIL) and militia groups within Iraq and tactical and strategic reporting on Mexican drug trafficking organizations and transnational organized crime that pose an immediate threat to national security.
Additional documents include training manuals and unit standard operating procedures to enhance unit readiness and training capabilities.
Relevant and Current Project Experience
• City of Irvine, Local Hazard Mitigation Plan Update : Provided technical editing assistance on the Irvine Local Hazard Mitigation Plan.
• City of Vernon, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties involve research, writing, and compil ing the LHMP document and support during the hazard mitigation planning process. • City of Stanton, Local Hazard Mitigation Plan: Currently assisting in developing the City's first Local Hazard Mitigation Plan. Primary duties involve research, writing, and compil ing the LHMP document and support during the hazard mitigation planning process. • City of Anaheim, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties involve research, writing, and compiling the LHMP document and support during the hazard mitigation planning process. • City of Costa Mesa, Local Hazard Mitigation Plan: Currently assisting the City with drafting the Costa Mesa Local Hazard Mitigation Plan. Primary duties include research, prepar ing hazard profiles, reviewing, and preparing plan components.
• City of Loma Linda LHMP and General Plan Safety Element Updates: Currently assisting the City with updating their 2011 LHMP and 2009 General Plan Safety Element. Primary duties include reviewing and preparing hazard profiles associated with terrorism, hazard materials release, and aircraft incidents.
• Inyo County, Emergency Operations Plan Update: Primary duties include d technical editing and review of Functional Annexes and author of Specific Annexes. • Mendocino County MJHMP Update, Climate Adaptation Vulnerability Assessment, and General Plan Safety Element Update: Assisted the County with General Plan Safety Element preparation and review. Primary duties included research, plan preparation, and technical editing. • City of Lancaster, General Plan Safety Element Update: Assisted the City with the 2009 General Plan Safety Element Update preparation and review. Primary duties included technical editing and document review.
• City of Rancho Cucamonga Local Hazard Mitigation Plan and Safety Element Update : Assisted the City wit h updating their 2013 Local Hazard Mitigation Plan, accompanying the updated General Plan Safety Element. These updates are part of the comprehensive General Plan Update currently underway by a multi-disciplinary team managed by the City. Primary duties included technical editing. 158
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 39 Atlas Planning Solutions
• City of Laguna Beach General Plan Safety Element Update: Assisted in updating the City of Laguna Beach General Plan Safety Element to address wildfire, landslide, and flood hazards, as well as compliance with recent changes to California Government Code Section 65302 g (1). Primary duties include technical writing and editing.
• City of Costa Mesa, Local Hazard Mitigation Plan: Currently assisting the City with drafting the Costa Mesa Local Hazard Mitigation Plan. Primary duties include technical writing and editing. • City of Hollister, Local Hazard Mitigation Plan Update: Assisted the City of Hollister with researching, writing, and drafting their LHMP update. Primary duties included technical writing and editing.
OTHER RELEVANT EXPERIENCE
San Bernardino Police Department, Criminal Investigation Officer/EOC Specialist, 2018- 2020 Assisted the Emergency Operations Center during activations for emergencies or disasters; attended meetings, exercises, forums, and functi ons relating to emergency management. Assisted with preparing emergency management media briefings; worked with the Department's Public Information offices to develop and provide appropriate public notifications in an EOC activation event.
US Army Reserve, Human Intelligence Collector, 2014-Present Staff Sergeant with two overseas deployment experiences as an Intelligence Collector and Analyst. Report writing included Intelligence Information Reports and analytical products to answer intelligence requirements and address intelligence gaps. These products required investigation, interviewing, and research before publication to the intelligence community.
US Army Civil Affairs and Psychological Operations Command (Airborne) – Emergency Operations Center Analyst, 2012-2014
Monitored unfolding emergencies and wrote daily reports such as threat briefs, serious incident reports, commander's location reports, and significant activities reports to ensure the Commanding General and his staff were given situational awareness of events within their area of responsibility. Maintained situational awareness of 84 subordinate units in 28 states. Worked with civil authorities, DoD agencies, and local military and civilian response authorities to evaluate their resources and c oordinate mutual support agreements where applicable.
United States Army Reserve, Weapons of Mass Destruction Specialist, 2002 -2012 Coordinated assets and efforts for Weapons of Mass Destruction (WMD) force protection programs, WMD defense support to civil authorities, WMD vulnerability analysis, and sensitive site assessment/exploitation.
Trained military and civilian first responders on WMD response operations. Planned and implemented WMD training for Soldiers. Assigned as a member of the first team in US Army history to become certified in Domestic Mass Casualty Decontamination. The Domestic Mass Casualty Decontamination team concept was created immediately after 9/11 in response to the growing threat of a domestic WMD attack.
159
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 40 Atlas Planning Solutions
ROBERT JACKSON
Assistant Planner
Phone: 951-444-9379
Email: [email protected]
Years of Experience: 2
RESEARCHER | ANALYST
Robert Jackson has worked for Atlas Planning as an assistant planner and has been an integral part in a multitude of projects since joining the team. He has experience in Local Hazard Mitigation Plan document preparation and updates. General Plan Safety Element update research, document review, and composition. While newer to the planning world, he has proven to be a valuable asset to the Atlas Planning Team.
Relevant and Current Project Experience
• City of Irvine, Local Hazard Mitigation Plan Update: Provided technical writing and editing assistance on the Irvine Local Hazard Mitigation Plan. Conducted research on historic hazard incidents and developed protocols for research on human- caused hazards such as aircraft and mass -casualty incidents.
• City of Vernon, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties involve research, writing, and compiling the LHMP document and support during the hazard mitigation planning process. • City of Stanton, Local Hazard Mitigation Plan: Currently assisting in developing the City's first Local Hazard Mitigation Plan. Primary duties involve research, writing, and compiling the LHMP document and support during the hazard mitigation planning process. • City of Anaheim, Local Hazard Mitigation Plan: Currently assisting in developing the City's updated Local Hazard Mitigation Plan. Primary duties involve research, writing, and compiling the LHMP document and support during the hazard mitigation planning process. • City of Costa Mesa, Local Hazard Mitigation Plan: Currently assisting the City with drafting the Costa Mesa Local Hazard Mitigation Plan. Primary duties include research, prepar ing hazard profiles, reviewing, and preparing plan components.
• City of Loma Linda LHMP and General Plan Safety Element Updates: Currently assisting the City with updating their 2011 LHMP and 2009 General Plan Safety Element. Primary duties include reviewing and preparing hazard profiles associated with terrorism, hazard materials release, and aircraft incidents. • City of Rancho Cucam onga Local Hazard Mitigation Plan and Safety Element Update : Assisted the City with updating the City's 2013 Local Hazard Mitigation Plan, accompanying the updated General Plan Safety Element. These updates are part of the comprehensive General Plan Update currently underway by a multi-disciplinary team managed by the City. • Mendocino County MJHMP Update, Climate Adaptation Vulnerability Assessment, and General Plan Safety Element Update: Assisted the County with General Plan Safety Element preparation and review. Primary duties included technical document review, plan preparation, and research. • City of Hollister, Local Hazard Mitigation Plan Update: Currently assisting the City of Hollister with researching, writing, and drafting their LHMP update. Primary duties include research, review, hazard profile updating, and preparing current plan document components. • San Diego County General Plan Safety Element Update: Assisted the County with the General Plan Safety Element Update preparation and review to address the changes in California Government Code.
Primary duties included technical document review, plan preparation, and research. 160
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 41 Atlas Planning Solutions
• City of Lancaster, General Plan Safety Element Update: Assisted the City with the 2009 General Plan Safety Element Update preparation and review. Primary duties included technical document review, plan preparation, and research.
• City of Laguna Beach General Plan Safety Element Update: Assisted with the City of Laguna Beach General Plan Safety Element Update. This update addressed wildfire, landslide, flood hazards, and compliance with recent changes to California Government Code Section 65302 g (1).
OTHER RELEVANT EXPERIENCE
New York Life Insurance Company: Before working for Atlas Planning Solutions, Robert worked for New York Life Insurance Company for five years. As an insurance agent, his duties included research, family and personal wealth mitigation planning, document preparation, and creating individually customized life insurance and financi al solutions for clients. This experience is invaluable, as he understands that different cities and jurisdictions require unique solutions for their hazard mitigation strategies and plans.
FEMA TRAINING COURSES
• IS 230
• IS 323
• IS 318
• IS 393
• IS 320
• IS 700
• IS 322
• ICS 100
161
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 42 Atlas Planning Solutions
Lee Rosenberg,
CEM
Managing Principal
Years of Experience: 40 years
Education and Certifications
• Certified Emergency Manager (CEM), International Association of Emergency Managers, 2021
• Northwestern University, Master of Engineering Management Professional Summary
Lee Rosenberg is the owner and managing director of Navigating Preparedness Associates. As the company leader, he provides direction to staff who deliver comprehensive emergency preparedness services to the government and industry. With more than 30 years of emergency management, national security, and homeland security experience, Mr. Rosenberg has a broad and deep knowledge of the practical application of operations and policy in these areas. He has a particular focus on hazard mitigation plan development and program implementation.
Mr. Rosenberg led the URS Corporation's Oakland environmental service department and West Coast emergency preparedness practice from 2008 to 2014. He served as a Federal Coordinating Officer for FEMA Region IX from 2006 to 2008, where he provided support to states for numerous presidentially declared disasters. Before working for FEMA, Mr. Rosenberg completed a 30-year career in the US Navy, during which time he served as the commanding officer of a destroyer and as the commander of a large amphibious assault craft base. He is a combat veteran of Operation Desert Storm and retired as a Captain.
Relevant Experience:
Cities of Artesia, Hawthorne, and Lynwood, Local Hazard Mitigation P lans, 2019 – 2021:
Lead Planner – Supported the development of the three small cities' local hazard mitigation plans. Cal OES reviewed all the draft LHMPs with no substantive issues found in the Plan Review Tool. FEMA has approved the Artesia and Hawthorne LHMPs.
Valley County Water District, Local Hazard Mitigation Plan Update, Baldwin Park, CA 2020:
Project Manager and Lead Writer – Updated the 2012 District LHMP on an expedited basis to support the application for an approved mitigation project to install a large diesel storage tank, improving the water distribution system's resiliency. The LHMP planning and draft document development processes were completed in two months. The draft LHMP is at Cal OES for review.
Hermosa Beach, Hazard Mitigation Plan, Hermosa Beach, CA, 2017-2018:
Lead Planner – Provided support to Constant & Associates to create the Hermosa Beach HMP.
Facilitated planning team meetings, conducted hazard analysis and risk assessments, developed capabilities descriptions , analyzed potent ial mitigation actions, and set priorities. Met the mandates of AB 2140 and SB 379.
162
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 43 Atlas Planning Solutions
Tulare County, Multi-jurisdiction Hazard Mitigation Plan, Visalia, CA, 2016 – 2018: Project Manager – Led a team to update the Tulare County M JHMP. Included innovative data analysis and GIS products. The updated HMP included eight cities, the Tulare County Office of Education, and the Tule River Indian Tribe. Met the mandates of AB 2140 and SB 379. Found adoptable by FEMA RIX with minimal comments and adopted by the County Board in March 2018.
San Francisco Bay Ferry/Water Emergency Transportation Authority, Emergency Response Plan (ERP) and EOP Revision 2015 – March 2016 : Project Manager/Lead Planner: Developed and delivered detailed, NIMS compliant ERP and EOP documents for responding to catastrophic disasters that may require the use of regional ferry vessels to move first responders and survivors by water when bridges and other surface transportation systems are inoperable. The ERP contains a detailed, activity -based response timeline for water emergency transportation operations. It fully complies with the guidance in FEMA CPG 101. The ERP was presented to FEMA RIX and Cal OES for comment and received glowing responses. 2006 – 2008: FEMA RIX, Disaster Response Operations, Federal Coordinating Officer Director, Joint Field Office, Kiholo Bay Earthquake, Honolulu, HI - Led teams providing federal support to the State of Hawaii after the 2006 earthquake. Directed federal disaster relief programs from October 2006 to January 2007. Coordinated operations across the agency and jurisdictional roles to achieve unity of action.
US Navy, Deputy Chief of Staff, Plans and Exercises Division, US Coast Guard Pacific Area, 2004 – 2006 - Directed a joint team of twenty US Coast Guard and US Navy personnel in the development of critical operational and policy guidance for the conduct of maritime operations in support of the Global War on Terrorism for the Pacific region. Served as the crucial point of contact to DOD for the Coast Guard development of joint plans. Supported numerous national and regional level homeland security full-scale exercises that included state, local, and federal agency participation.
1976 – 2006: Captain, US Navy
163
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 44 Atlas Planning Solutions
XI. Attachment B - Reference Letters
164
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 45 Atlas Planning Solutions
165
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 46 Atlas Planning Solutions
166
City of Aliso Viejo Proposal for: Local Hazard Mitigation Plan Development Page | 47 Atlas Planning Solutions
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
City of Aliso Viejo
AGENDA ITEM
DATE: March 1, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works/City Engineer
SUBJECT: RELEASE OF BONDS FOR THE LANDSCAPING IMPROVEMENTS FOR THE 1-5 POLARIS WAY LANDSCAPING CONSTRUCTION PROJECT
Recommended Action:
Adopt a Resolution exonerating Landscaping Surety Bond No. CAC720515 for the 1-5 Polaris Way Landscaping Construction Project.
Fiscal Impact:
No fiscal impact exists.
Background:
The City of Aliso Viejo required bonds from West Broadway Building Co. to assure completion of the landscape improvements at the 1-5 Polaris Way Landscaping Construction Project. The landscaping surety bond had a total value of $261,295.
Discussion:
The 1-5 Polaris Way Landscaping Construction Project has been completed. Staff recommends that the City Council adopt a Resolution accepting the improvements at 1- 5 Polaris Way and exonerating the bond.
Attachment:
1. Resolution
192
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, EXONERATING THE LANDSCAPING SURETY
BOND ASSOCIATED WITH THE 1-5 POLARIS WAY LANDSCAPING
CONSTRUCTION PROJECT
WHEREAS, the City of Aliso Viejo, in the normal course of its review role has required surety bonds for the landscape work at the 1-5 Polaris Way Landscaping Construction Project; and
WHEREAS, the City of Aliso Viejo, has reviewed and inspected all landscape work associated with the landscape improvements at the 1-5 Polaris Way Landscaping Construction Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
Section 1: Based upon the inspections conducted by the City Engineer, the City Council of the City of Aliso Viejo accepts the landscape improvements for the 1-5 Polaris Way Landscaping Construction Project.
Section 2: Based upon the City Engineer’s determination that the landscape work is complete, the City Council of the City of Aliso Viejo exonerates the landscaping surety bonds associated with the landscape improvements at the 1-5 Polaris Way Landscaping Construction Project.
Landscaping Surety Bond No. CAC720515
Section 3: The City Clerk is hereby authorized and directed to execute a certified copy of this Resolution to be attached to each notice of completion as evidence of the City Council’s acceptance and authorization.
Section 4. The Mayor shall sign this Resolution and the City Clerk shall certify the adoption thereof.
193
PASSED, APPROVED AND ADOPTED this 1st day of March, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 194
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 1st day of March, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
195
City of Aliso Viejo
AGENDA ITEM
DATE: March 1, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
John Kanlund, Contract Planner
SUBJECT: CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT FOR A
NEW RESTAURANT WITH FULL ALCOHOL SERVICE (FENNEL
MEDITERRANEAN KITCHEN AND BAR) AT 26611 ALISO CREEK ROAD,
SUITE A
Recommended Actions:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
3. Adopt a Resolution (Attachment 1) approving a Conditional Use Permit and Site Development Permit to allow a 48-seat restaurant with full alcohol service (Fennel Mediterranean Kitchen and Bar) and to enclose an outdoor patio area at 26611 Aliso Creek Road Suite A.
Summary:
In May 2021, the City issued a stop work order for unpermitted work at 26611 Aliso Creek Road, Suite A (formerly Panini Kabob Grill). In September 2021, the applicant submitted a planning application, requesting approval for the unpermitted work to establish a new restaurant with full alcohol service (Fennel Mediterranean Kitchen and Bar). The unpermitted work includes interior improvements and enclosure of an outdoor patio area.
The Applicant is requesting approval of the unpermitted work to establish and operate a new restaurant.
Fiscal Impact:
None.
196
Background:
In May 2021, the City issued a stop work order for unpermitted work at 26611 Aliso Creek Road, Suite A for Fennel Mediterranean Kitchen and Bar. The Applicant was directed to obtain applicable permits to lift the stop work order and legalize the unpermitted work. In response, the Applicant applied for building permits in June 2021. Since that time, the Applicant continued conducting unpermitted work and a new building permit was issued for the expanded scope of work in March 2022. The new permit only covered the interior tenant improvement work and did not include the unpermitted work in the outdoor patio area as it requires planning entitlements subject to the City Council’s consideration. In September 2021, the Applicant submitted a planning application, to legalize the unpermitted work to establish a new restaurant with full alcohol service.
This application was scheduled to be heard by the City Council on July 20, 2022, August 17, 2022, and September 7, 2022. At each of these hearings, the application was continued to a later date to provide the Applicant additional time to submit additional information for consideration. The Applicant has since submitted the necessary information to proceed.
Discussion:
Project Description
The proposed project is to establish and operate a new restaurant (Fennel Mediterranean Kitchen and Bar) with full alcohol service at the former Panini Kabob Grill location in the Town Center. The existing tenant space is 2,342 square feet in size, with an existing 896 square-foot outdoor patio area. The proposed restaurant will have 22 indoor seats and 26 outdoor seats for a total capacity of 48 seats. The proposed project includes the enclosure of the outdoor patio area ("patio”). The patio will be renovated to include dining areas and a new bar. The patio is proposed to be enclosed with 7’ glass panels on top of 3’ tall wood clad walls, covered with a solid awning consisting of two thick waterproof fabric layers to insulate the space. The intent of the enclosed patio design is to mitigate noise and create a safer environment. The proposed operation hours for the restaurant are 8:00 am to 10:00 pm, daily.
Conditional Use Permit
Aliso Viejo Municipal Code (“AVMC”) Table 15.18.020 specifies those uses and structures which are permitted within each nonresidential district. Restaurants with 17 or more seats in the Town Center Commercial district require a Conditional Use Permit (“CUP”).
Additionally, an application for a new ABC license or any change in the type of existing ABC license requires an approval of a use permit. As the proposed project is to operate a restaurant with more than 17 seats with full alcohol service, a CUP is required. 197
Site Development Permit
The purpose of a Site Development Permit (“SDP”) is to ensure that new development conforms to the development and design provisions of the AVMC, including but not limited to permitted uses, development standards, and supplemental regulations. An SDP is required for all projects which involve building construction. The proposed project includes the enclosure of an existing, 896 square foot outdoor patio area and therefore, requires an SDP.
Findings
Pursuant to AVMC Sections 15.74.040 (Conditional and Administrative Use Permits) and
15.74.020 (Site Development Permits), the following findings shall be made prior to approval:
1. Consistency with General Plan. The land use is consistent with the General Plan and any applicable specific plan.
The proposed restaurant is consistent with the General Plan land use designation of Town Center Commercial, which permits commercial uses at the City’s town center. There is no Specific Plan applicable to the project site. The town center is a mixed-use center intended to function as a central business district and community shopping areas, including restaurants. Additionally, the proposed project implements General Plan Goal LU-1 and Policies LU-1.1 and LU-3.1 that promotes diverse and revenue-generating land uses and a balance or surplus between public revenues and cost of providing public services. he enclosure of the outdoor dining space is consistent with General Plan Policy N-1.1 and N-1.2 as the enclosure will reduce noise volume from the outdoor patio and would promote compatible operation levels with surrounding businesses. Therefore, this finding can be made.
2. Consistency with Zoning Code. The land uses and associated development conform to the permitted use provisions and development standards of this Zoning Code and is consistent with this Code and any appliable specific plan.
The zoning designation is the same and the General Plan land use designation of Town Center Commercial. The proposed restaurant is consistent with the underlying land use as discussed in Finding No. 1 above. Additionally, the proposed enclosure of the existing outdoor patio conforms to the development standards of the Zoning Code as evidenced in Finding Nos. 5, 6, and 7 below. As for the request to provide full alcohol service, AVMC Section 15.22.200 (Sale of Alcoholic Beverages) requires that the following be considered: a) the crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City; b) the number of alcohol-related calls for service, crimes, or arrests in the reporting districts; c) the proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious 198
assembly, and schools; and d) whether the permit will result in an overconcentration of alcoholic beverage outlets.
To consider provisions “a” and “b” above, the Police Department reviewed a crime rate and reportable incident data report (Attachment 4) and concluded that the number of general and alcohol-related crimes are within tolerable limits and recommends approval of the Type 47 ABC License. The proposed use is within the Aliso Viejo Town Center that consists entirely of commercial uses and does not include residential units, daycare centers, parks, and recreation facilities, places of religious assembly, and schools as identified in provision “c” above. This permit does not further expand the overconcentration of alcoholic beverage outlets referenced in provision “d” as Type 41 ABC License was already issued for the previous tenants in the same location. The proposed request is to change the license type from Type 41 to Type 47 to allow distilled spirits in addition to beer and wine. Therefore, the proposed change in ABC license type is consistent with the purpose and intent in considering consistent standards for the safe operation of alcoholic beverage retail outlets. Therefore, this finding can be made.
3. Compliance with the California Environmental Quality Act (CEQA). Processing and approval of the permit application is in compliance with the requirements of the California Environmental Quality Act.
The proposed modification to the existing outdoor patio is categorically exempt from the California Environmental Quality Act (“CEQA”). The proposed project falls within the Class 1 exemption, which applies to the operation, maintenance, permitting, and leasing, and minor alteration of existing public or private structures, facilities, or topographical features involving negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301.) The proposed exterior modifications are considered minor alterations since they involve negligible or no expansion of use and thus exempt from CEQA. Additionally, none of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 are applicable. Specifically, the proposed project is not in a particularly sensitive environment; improvements will be installed on existing structures in urbanized/developed areas; the project site is not on an officially designated state scenic highway; and the proposed project does not involve any improvements, modifications, or other changes to a historical resource. For all the foregoing reasons, the proposed project is categorically exempt from CEQA, and this finding can be made.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injuries to or incompatible with other properties or land uses in the vicinity.
The proposed restaurant is located within an existing shopping center. The project site is surrounded by other commercial uses except for a residential community located across Aliso Creek Road to the east. The Applicant is proposing to enclose 199
the outdoor patio to mitigate potential noise impacts and limitations to the hours of operation and prohibition of live entertainment have been added as conditions of approval. Additionally, the Applicant will be required to comply with applicable building codes and pass a series of inspections prior to operating the proposed restaurant. Allowing the restaurant to provide full alcohol service will also not be detrimental to surrounding uses because the proposed project is within a commercially developed area with surrounding businesses. In addition, alcohol services in conjunction with operation of existing restaurants already occurs in adjacent tenants. Therefore, this finding can be made.
5. 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, is compatible with surrounding development.
The proposed restaurant design is compatible to the existing restaurants and commercial spaces in the town center. The muted color scheme of the exterior will draw on existing architectural details of contemporary Spanish architecture as seen throughout the town center. The outdoor patio is proposed to be covered with a solid awning with two thick waterproof fabric layers. The patio will be contained with a 3-foot-tall solid wooden wall with approximately seven feet of plate glass above to the awning thereby completely enclosing the patio. The employee/delivery area will be surrounded by a 5-foot-tall solid wall. The updates to the tenant space are similar in appearance to the surrounding tenants.
Therefore, the finding can be made.
6. 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.
The proposed project will maintain the existing site design. Modifications are limited to the building façade by enclosing the outdoor dining area and upgraded paint colors and materials. None of the exterior features will extend beyond the existing footprint. The architectural design of the exterior changes will be compatible with the existing town center as discussed in Finding No. 5 above, and this finding can be made.
7. 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.
200