1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, JUNE 07, 2023
6:30 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 ava ilable 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 intention t o 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 age nda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating t o 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
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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:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1. STATE OF THE CITY VIDEO
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.
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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: A pprove the Minutes as submitted for the May 17, 2023 Regular Meeting.
Draft Minutes - May 17, 2023 Regular Meeting
4.3. SECOND READING AND ADOPTION OF AN ORDINANCE ESTABLISHING BY -
DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING
ELECTIONS WITHIN THE DISTRICTS
Recommended Action: Conduct second reading and adopt Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 1.12.020 TO CHAPTER 1 OF TITLE 1 OF THE ALISO VIEJO
MUNICIPAL CODE ESTABLISHING BY -DISTRICT ELECTIONS, DEFINING D ISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS.
Staff Report
Attachment 1 - Ordinance
4.4. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between April 28 and May 25, 2023, in the amount of $1,677,390.96.
Staff Report
Attachment 1 - Accounts Payable Report
4.5. TREASURER’S STATEMENT – APRIL 2023
Recommended Action: Receive and file the April 2023 Treasurer’s Statement.
Staff Report
Attachment 1 - April 2023 Treasurer's Statement
4.6. APPROPRIATIONS LIMIT - FISCAL YEAR 2023-24
Recommended Action: Adopt a Resolution establishing the appropriations limit for Fiscal Year (FY) 2023-24 at $56,164,572.
Staff Report
Attachment 1 - Resolution
Attachment 2 - GANN Limit Calculation
4.7. AGREEMENTS FOR FY 2023 -24 LAW ENFORCEMENT SERVICES AND CROSSING
GUARD SERVICES
Recommended Action:
1. Authorize the City Manager to execute the agreement with the County of Orange for FY 2023-24 law enforcement services; and
2. Authorize the City Manager to execute the agreement with All City Management Services, Inc. for school crossing guard services.
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Staff Report
Attachment 1 - Law Enforcement Services Agreement
Attachment 2 - Cost Spreadsheet
Attachment 3 - Crossing Guard Services Agreement
4.8. AGREEMENT WITH THE CITY OF MISSION VIEJO FOR ANIMAL CONTROL AND
SHELTER SERVICES
Recommended Action:
1. Approve a seven- year agreement with the City of Mission Viejo for animal control and shelter services; and
2. Authorize the City Manager to execute a seven- year agreement with the City of Mission Viejo, in the amount of $474,487 for fiscal year 2023- 24 and in an amount to be determined annually thereafter.
Staff Report
Attachment 1 - Agreement
4.9. AGREEMENT WITH WINTER VISUALS
Recommended Action: Approve and authorize the City Manager to execute a 3- year professional services agreement with Winter Visuals to perform video production services.
Staff Report
Attachment 1 - Agreement
4.10. FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. TO PROVIDE PLANNING CONSULTING SERVICES Recommended Action: Approve and authorize the City Manager to execute a Fifth Amendment to the Professional Services Agreement with Civic Solutions, Inc. for planning consulting services to increase the total compensation by an amount not to exceed $68,000.
Staff Report
Attachment 1 - Original Agreement
Attachment 2 - Agreement Amendment
4.11. PROFESSIONAL SERVICES AGREEMENT WITH CHARLES ABBOTT ASSOCIATES
TO PROVIDE BUILDING & SAFETY AND CODE ENFORCEMENT SERVICES Recommended Action: Approve and authorize the City Manager to execute a Professional Services Agreement with Charles Abbott Associates for building & safety and code enforcement consulting services for a five- year period, with a total compensation amount not to exceed $600,000, annually ($3,000,000 total).
Staff Report
Attachment 1 - Agreement
4.12. AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR ENVIRONMENTAL
CONSULTING SERVICES
Recommended Action:
1. Approve a 3- year agreement with Charles Abbott Associates, Inc. to perform environmental consulting services; and
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2. Authorize the City Manager to execute a professional services agreement with Charles Abbott Associates, Inc. for an amount of $900,000.
Staff Report
Attachment 1 - Agreement
4.13. AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR PUBLIC WORKS
CONSULTING SERVICES
Recommended Action:
1. Approve a 5- year agreement with Charles Abbott Associates, Inc. to perform public works consulting services; and
2. Authorize the City Manager to execute a professional services agreement with Charles Abbott Associates, Inc. with a compensation amount of $140,000 annually, and total compensation not to exceed $700,000 over the 5-year term.
Staff Report
Attachment 1 - Agreement
4.14. AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR ON-CALL CIVIL ENGINEERING SERVICES
Recommended Action:
1. Approve a 3-year agreement with Engineering Resources of Southern California, Inc. to perform on-call civil engineering services; and
2. Authorize the City Manager to execute a professional services agreement with Engineering Resources of Southern California, Inc. for an amount of $400,000.
Staff Report
Attachment 1 - Agreement
4.15. FIRST AMENDMENT WITH NICHOLS CONSULTING ENGINEERS, CHTD FOR
PAVEMENT MANAGEMENT PROGRAM SERVICES
Recommended Action:
1. Approve a first amendment to the agreement with Nichols Consulting Engineers, CHTD (NCE) to perform pavement management program servic es to renew the agreement through June 30, 2024, and increase the total compensation under the agreement by $40,000; and
2. Authorize the City Manager to execute the first amendment to the agreement.
Staff Report
Attachment 1 - Agreement Amendment
4.16. AQUATIC CENTER EQUPMENT MAINTENANCE
Recommended Action:
1. Approve a Second Amendment to the Agreement with Knorr Systems, Inc. to perform Equipment Maintenance Services at Aquatic Center that extends the term one year and increases the compensation amount by $50,000 for a total authorization of $220,000 since 2020; and
2. Authorize the City Manager to execute the Second Amendment to the Agreement.
Staff Report
Attachment 1 - Agreement Amendment
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4.17. SECOND AMENDMENT TO THE AGREEMENT WITH RK ENGINEERING GROUP INC. FOR ON-CALL PARKING AND TRAFFIC ANALYSIS
Recommended Action:
1. Approve a second amendment to the agreement with RK Engineering Group, Inc. to perform on- call parking and traffic analysis that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $50,000 for a total amount of $100,000; and
2. Authorize the City Manager to execute the second amendment to the agreement.
Staff Report
Attachment 1 - Agreement Amendment
4.18. RENEWED MEASURE M ELIGIBILTY
Recommended Action:
1. Adopt a 7-year Capital Improvements Program (CIP) for Street Projects;
2. Adopt a Resolution concerning the status of the Circulation Element and Mitigation Fee Program; and
3. Adopt a Resolution concerning the status of the Local Signal Synchronization Plan.
Staff Report
Attachment 1 - 7-Year CIP for Street Projects
Attachment 2 - Resolution for Circulation Element and Mitigation Fee Program Attachment 3 - Resolution for Local Signal Synchronization Plan Attachment 4 - Local Signal Synchronization Plan
4.19. FISCAL YEAR 2023 -24 PROJECT LIST FOR ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING (SB 1)
Recommended Action: Adopt a Resolution adopting a list of projects for fiscal year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017.
Staff Report
Attachment 1 - Resolution
4.20. DIRECT CITY COUNCIL HEALTH BENEFIT ALLOWANCE TO DEFERRED
COMPENSATION ACCOUNT
Recommended Action: Adopt a Resolution directing current and future monthly health benefit allowances for Council Members to deferred compensation accounts rather than making the allowance available for the purchase of health, dental, and vision insurance, as well as retirement survivors’ benefit, as applicable.
Staff Report
Attachment 1 - Resolution
5. PUBLIC HEARINGS:
5.1. CONDITIONAL USE PERMIT TO OPERATE A CHURCH AT 115 COLUMBIA Recommended Action:
1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
2. Adopt a Resolution (Attachment 1), approving the Conditional Use Permit (USE - 2023-00013) to operate a church (International Grace Ministry) at 115 Columbia. 6 7
Staff Report
Attachment 1 - Resolution
Attachment 2 - Proposed Plans
Attachment 3 - Presentation
5.2. CONDITIONAL USE PERMIT TO OPERATE A MASSAGE THERAPY AND SKINCARE TREATMENT ESTABLISHMENT AT 19 VANTIS (USE-2023-00009)
Recommended Action:
1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and
2. Adopt a Resolution approving the Conditional Use Permit to operate a skincare and massage therapy establishment at 19 Vantis (USE-2023-00009).
Staff Report
Attachment 1 - Resolution
Attachment 2 - Project Description
Attachment 3 - Project Plans
Attachment 4 - Presentation
5.3. RE-ADOPTION OF GENERAL PLAN AMENDMENT PA21 -019 FOR THE 6TH CYCLE
HOUSING ELEMENT UPDATE
Recommended Action:
1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption);
2. Adopt a Resolution adopting a General Plan Amendment for the 6th Cycle Housing Element (PA21-019); and
3. Authorize the Community Development Director to make minor modifications to the 6th Cycle Housing Element to the extent that such modifications are necessary to address further HCD comments and receive certification.
Staff Report
Attachment 1 - Resolution
Attachment 1, Exhibit A - 6th Cycle Housing Element
Attachment 2 - Public Comments
Attachment 3 - Letter from HCD dated April 1, 2022
Attachment 4 - Presentation
6. DISCUSSION:
6.1. PROPOSED ANNUAL BUDGET FOR FISCAL YEAR 2023-24
Recommended Action:
1. Adopt a Resolution adopting the Annual Budget for Fiscal Year 2023-24; and
2. Adopt a Resolution approving City Salary Schedules.
Staff Report
Attachment 1 - Budget Resolution
Attachment 2 - Proposed Annual Budget
Attachment 3 - Salary Schedule Resolution
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Attachment 4 - Salary Schedule
Attachment 5 - Proposed Budget Presentation
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
Adjourn to July 19, 2023. The regularly scheduled City Council meetings of June 21 and July 5, 2023 have been cancelled.
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Regular Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
MAY 17, 2023, 7:00 P.M.
7:00 PM REGULAR MEETING
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 7:01 p.m.
ROLL CALL
PRESENT: MAYOR RICHARD W. HURT
MAYOR PRO TEM MIKE MUNZING
COUNCILMEMBER TIFFANY ACKLEY
COUNCILMEMBER ROSS CHUN
COUNCILMEMBER MAX DUNCAN
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY
CHARLENE CHENG, DEPUTY CITY CLERK / MANAGEMENT ANALYST
ANN EIFERT, FINANCIAL SERVICES DIRECTOR
SHAUN PELLETIER, PUBLIC WORKS DIRECTOR
SO KIM, COMMUNITY DEVELOPMENT DIRECTOR
LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER
ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. ALAN VILLANUEVA, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Lizzy Mendoza led the pledge of allegiance.
1. SPECIAL PRESENTATIONS:
1.1. BUSINESS OF THE MONTH - 30 MINUTE HIT
Mayor Hurt introduced the video and presented the certificate of recognition to Owner Laura Scanlon. Laura expressed her appreciation.
1.2. PROCLAMATION - ASIAN AMERICAN PACIFIC ISLANDER HERITAGE MONTH Mayor Hurt presented the proclamation to Professor Judy Wu. Professor Wu expressed her appreciation and commented on the importance of the designation. 9
Regular Meeting Minutes
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
None.
3. COMMUNITY INPUT:
None.
4. CONSENT CALENDAR:
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Motion: Mayor Pro Tem Munzing moved and Councilmember Duncan seconded to approve the recommended actions. Motion carried 5-0.
4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the May 3, 2023 Special Meeting and the May 3, 2023 Regular Meeting.
5. PUBLIC HEARINGS:
5.1. FOURTH PUBLIC HEARING TO CONSIDER COMPOSITION OF DISTRICTS FOR BY-
DISTRICT ELECTIONS
City Manager David Doyle introduced City Attorney Scott Smith , who provided an overview. Staff responded to questions regarding the proposed maps, district numbering, proposed boundaries, and population spread. Mayor Hurt opened the public hearing .
There were no comments. Mayor Hurt closed the public hearing. Councilmembers commented on the matter.
Recommended Action:
1. Conduct fourth public hearing, receive and consider input from the public, provide further direction to staff; and
2. Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 1.12.020 TO CHAPTER 1 OF TITLE 1 OF THE ALISO VIEJO MUNICIPAL CODE ESTABLISHING BY- 10
Regular Meeting Minutes
DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS.
Motion: Mayor Pro Tem Munzing moved and Mayor Hurt seconded to approve the recommended actions, selecting Plan 5A, and scheduling Districts 1, 3, and 5 for election in 2024 and Districts 2 and 4 for election in 2026. Motion carried 5-0.
6. DISCUSSION:
6.1. LOCAL HAZARD MITIGATION PLAN PRESENTATION
City Manager David Doyle introduced Aaron Pfannenstiel from Atlas Planning Solutions , who provided an overview. Staff responded to questions regarding public participation and outreach methods.
Recommended Action: Receive and file.
No further action was taken.
6.2. DRAFT ANNUAL BUDGET FOR FISCAL YEAR 2023-24
City Manager David Doyle introduced Financial Services Director Ann Eifert, who provided an overview. Staff responded to questions regarding repayment of bond debts, revenue projections from anticipated developments, public safety labor negotiations, Aquatic Center improvements, anticipated grant funding for improvements, fee schedules , and Aliso Viejo Ranch revenues. Councilmembers commented on the matter.
Recommended Action:
1. Review the draft FY 2023-24 Annual Budget; and
2. Provide any additional direction to staff regarding the draft FY 2023-24 Budget.
No further action was taken.
7. CITY MANAGER' S REPORT:
City Manager David Doyle announced registration for Summer Camp programs; and commented on Aliso Viejo Town Center revitalization efforts.
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
Councilmember Ackley:
Obtained consensus to direct staff to update Aliso Viejo Town Center web page Attended Soka University Arts, Music & Food Festival
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Regular Meeting Minutes
Councilmember Chun:
Attended Soka University Arts, Music & Food Festival
Attended Medal of Valor Luncheon
Attended SCAG Regional Conference & General Assembly
Attended Don Avila Middle School AAPI Assembly
Commented on upcoming Jewish American Heritage Month event Attended Aliso Viejo Chamber of Commerce Networking Breakfast Met with Aliso Viejo Chamber of Commerce President
Attended Boys & Girls Clubs of Capistrano Valley Prom at the Waldorf Attended Aliso Niguel High School PTSA meeting
Commented on upcoming Aliso Niguel High School Senior Awards Night Congratulated Mayor Hurt on Aliso Niguel High School PTSA Honorary Service Award Councilmember Duncan:
Attended Soka University Arts, Music & Food Festival
Attended Canyon Vista Elementary School Carnival
Encouraged residents to attend Aliso Viejo Little League championship games Mayor Pro Tem Munzing:
Attended Medal of Valor Luncheon
Attended Soka University Arts, Music & Food Festival
Attended Aliso Viejo Chamber of Commerce Networking Breakfast Attended Boys & Girls Clubs of Capistrano Valley Prom at the Waldorf Congratulated Aliso Niguel High School baseball teams on successful season Mayor Hurt:
Expressed appreciation to Aliso Niguel High School PTSA for Honorary Service Award Announced Transportation Corridor Agencies bond repayment plan and CEO recruitment
9. ADJOURNMENT: Mayor Hurt adjourned the meeting at 8:35 p.m. to the next regularly scheduled City Council meeting of June 7, 2023.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC RICHARD HURT
CITY CLERK MAYOR
12 City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE
ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING DISTRICT
BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE
DISTRICTS
Recommended Action:
Conduct second reading and adopt Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 1.12.020 TO CHAPTER 1 OF TITLE 1 OF THE
ALISO VIEJO MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS,
DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS.
Background:
The City of Aliso Viejo currently elects its five-member City Council through an “at-large” election system in which each Councilmember may reside anywhere in the City, and each member is elected by voters Citywide to provide Citywide representation. This is in contrast to a “by-district” election system where the City is divided into geographical districts, each Council candidate must reside in the district they will represent, and only voters within a given district vote for that district’s Councilmember.
On January 31, 2023, the City received a letter from Kevin Shenkman of Shenkman & Hughes on behalf of the Southwest Voter Registration Education Project and its Aliso Viejo members. The letter claims the City’s at-large voting system dilutes the ability of Latino voters to elect candidates of their choice or to otherwise influence the outcome of City elections. As a result, Mr. Shenkman claims, the City’s at-large elections violate the California Voting Rights Act (“CVRA”). This letter must be sent as a prerequisite to any lawsuit claiming CVRA violations.
In response to Mr. Shenkman’s claim, the City Council adopted a Resolution of Intention to transition to by-district elections at its meeting of March 15, 2023. 13 Discussion:
To complete the transition to by-district elections, State law requires the City Council to hold a total of four public hearings, with two held before the drawing of district maps and two held following the drawing of district maps. The City Council held the first of four required public hearings on April 5, 2023, the second on April 19, 2023, the third on May 3, 2023, and the fourth on May 17, 2023.
On May 17, 2023, following the public hearing, the City Council approved the introduction and first reading of the subject Ordinance by a 5-0 vote. If adopted, the Ordinance will take effect 30 days after adoption.
Attachment:
1. Ordinance
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ORDINANCE NO. 2023-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADDING SECTION 1.12.020 TO CHAPTER 1 OF TITLE 1 OF THE ALISO VIEJO MUNICIPAL CODE ESTABLISHING BY-
DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND
SCHEDULING ELECTIONS WITHIN THE DISTRICTS
THE CITY COUNCIL OF THE CITY OF ALISO VIEJO DOES ORDAIN AS FOLLOWS:
Section 1. Recitals
A. The City of Aliso Viejo currently elects five Councilmembers using an at- large election system.
B. The City Council has determined that it is in the best interest of the City to shift from its current at large election system to a by-district election system.
C. On January 31, 2023, the City received a letter challenging the City’s current election system and asserting that the City’s at-large election system violates the California Voting Rights Act (CVRA).
D. On March 15, 2023, the City Council adopted Resolution No. 2023-09, a resolution declaring the City’s intention to transition from at-large to district-based elections pursuant to Elections Code Section 10010.
E. California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to a “by- district” system in which each Councilmember is elected only by the voters in the district in which the candidate resides.
F. Pursuant to California Government Code section 34886, it is declared that the purpose of the change in the method of electing members of the City Council of the City of Aliso Viejo made by this Ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Sections 14025 through 14032 of the California Elections Code.
G. The City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps.
H. In accordance with Elections Code section 10010, the City Council held two public hearings to obtain input on any proposed district boundaries on April 5, 2023, and April 19, 2023.
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I. On May 3, 2023, the City Council held a third public hearing to begin reviewing the proposed maps.
J. On May 17, 2023, the City Council held a fourth public hearing to select a map for adoption and introduced, read by title, and waived further reading of this Ordinance.
K. The purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of the Members of the City Council of the City of Aliso Viejo by-district in five single-member districts as reflected in Exhibit A to this Ordinance.
Section 2. Amendment Section 1.12.020 is hereby added to Chapter 1 of Title I of the Aliso Viejo Municipal Code to read as follows:
“1.12.020. – BY-DISTRICT ELECTIONS.
(A) By-District Elections. Pursuant to California Government Code section 34886, Members of the City Council of the
City of Aliso Viejo shall be elected by-district in five (5) single-member districts.
1. Members of the City Council shall be elected in the
electoral districts established by subdivision (B) of
this Section and subsequently reapportioned as
provided by State law. Elections shall take place
“by-district” as that term is defined in California
Government Code section 34871, meaning one
Councilmember shall be elected from each district,
by the voters of that district alone.
2. A Councilmember elected or appointed to represent
a district must reside in that district and be a
registered voter in that district, and any candidate for City Council must reside in, and be a registered
voter in, the district in which he or she seeks election at the time nomination papers are issued.
3. Termination of residency in a district by a
Councilmember shall create a vacancy for that City
Council district unless a substitute residence within
the district is immediately declared and established
within thirty (30) days after the termination of
residency.
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4. Notwithstanding any other provision of this Section, the Councilmembers in office at the time this Section
takes effect shall continue in office until the
expiration of the term to which he or she was
elected. In the event a vacancy occurs before the
expiration of the term of a Councilmember in office
at the time this Section takes effect, a person who is
appointed or elected by special election to fill such
vacancy may reside anywhere within the corporate
boundaries of the City. A person appointed or
elected to fill such a vacancy shall hold the office in accordance with State law.
(B) City Council Districts and District Elections. All five Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘City of Aliso Viejo District Map’ attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office.
In 2024, and every four years thereafter, the following three City Council districts shall be elected by-district: District 1; District 3; and District 5. In 2026, and every four years thereafter, the following two City Council districts shall be elected by-district: District 2; and District 4.
(C) Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to
time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.”
Section 3. Technical District Changes. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Aliso Viejo hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid. 17
Section 5. Effective Date.This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance, or a summary of this ordinance, to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
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 18
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 June 7, 2023, and that the Summary of the Ordinance was published on June 1, 2023, and June ___, 2023 in the Laguna Niguel News.
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
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EXHIBIT A
City of Aliso Viejo District Map
20 City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: ACCOUNTS PAYABLE
Recommended Action:
Ratify accounts payable checks and electronic funds transfers issued between April 28 and May 25, 2023, in the amount of $1,677,390.96.
Fiscal Impact:
Expenditures in the amount of $1,677,390.96.
Background:
The City issues accounts payable checks on a 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 between April 28 and May 25, 2023, for a total of $1,677,390.96 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.
Attachment:
1. Accounts Payable Report
21 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
08/03/2023 - SHAKESPREARE BY THE SEA PERFORMANCESHAKESPEARE BY THE SEA 2,500.00 COMPUTER LOANISAAC AZIZ 3,000.00
MAR'23 SOLID WASTE COMPLIANCE AUDITHF&H CONSULTANTS LLC 4,995.00 JAN-MAR'23 CASP FEESDIVISION OF THE STATE ARCHITECT 103.20 JAN-MAR'23 CA BLDG STANDARD ADMIN FEESCA BUILDING STANDARDS COMMISSION 448.20 P#2022-0363_77 COTTAGE LN_RAPHAEL OBRECHTRAPHAEL OBRECHT 500.00 JUN'23 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,477.00 JUN'23 DENTAL INSURANCECHOICE BUILDER 2,424.58
JUN'23 VISION INSURANCECHOICE BUILDER 382.60
JUN'23 CALPERS HEALTH PREMIUMCALPERS HEALTH 25,971.26
JUN'23-COUNCIL-CALPERS HEALTH PREMIUMCALPERS HEALTH 3,478.57 APR'23 ON-CALL TRAFFIC CONSULTANT SERVICESSTC TRAFFIC, INC 2,250.00 MAR'23 ENG 2247 SUMMIT IV 15-25 ENTERPRISE LDSCPNGCHARLES ABBOTT ASSOC INC 75.56 MAR'23 CAA ENG 5067 WEBBS GRAINWORKSCHARLES ABBOTT ASSOC INC 75.56 MAR'23 ENG 2230 15-25 ENTERPRISE GRADINGCHARLES ABBOTT ASSOC INC 100.75 MAR'23 ENG 2241 GLAUKOS SITE 1CHARLES ABBOTT ASSOC INC 100.75 MAR'23 CAA ENG 5003 COXCHARLES ABBOTT ASSOC INC 151.13
MAR'23 CAA ENG 2251 26501 ALISO CREEK GRADINGCHARLES ABBOTT ASSOC INC 250.18 MAR'23 ENG 2253 26501 ALISO CREEK LLA 23-01CHARLES ABBOTT ASSOC INC 437.82 MAR'23 CAA ENG 2250 CITY LIGHTS GEOTECH REVIEWCHARLES ABBOTT ASSOC INC 255.75 MAR'23 CAA ENG 5064 CLEAR THOUGHT CORPCHARLES ABBOTT ASSOC INC 302.25 MAR'23 ENG 2243 GLAUKOS SITE 2CHARLES ABBOTT ASSOC INC 375.27 MAR'23 ENG 2250 CITY LIGHTS GRADINGCHARLES ABBOTT ASSOC INC 500.36 MAR'23 CAA ENG 5049 COX UTILITYCHARLES ABBOTT ASSOC INC 705.25 MAR'23 CAA ENG 5004 MNWDCHARLES ABBOTT ASSOC INC 2,468.37 MAR'23 CAA ENG 5005 SCE - SADDLEBACKCHARLES ABBOTT ASSOC INC 251.88 MAR'23 CAA-6 COMPUTER STATIONS LEASE CREDITCHARLES ABBOTT ASSOC INC (300.00) APR' 23 SOLID WASTE COMPLIANCE AUDITHF&H CONSULTANTS LLC 4,893.75 7/1/23-4/21/24 PALO ALTO FIREWALLS & SUBSCRIPTIONSHI INTERNATIONAL CORP 11,462.91 JAN-MAR'23 SEISMIC MAPPING FEESDEPT OF CONSERVATION 1,599.03 CD-2022-00018_101 COLUMBIA_RD ENGINEERING & CONSTRRD ENGINEERING & CONSTRUCTION 500.00 BLDC-2022-00025_120 VANTIS STE 570_PARADISE CONSTPARADISE CONSTRUCTION INC 500.00 BLDC-2022-00034_65 ENTERPRISE #200_HOLWICK CONSTR.HOLWICK CONSTRUCTORS INC 500.00 BLDC-2022-000081_85 ENTERPRISE_PACIFIC TUSK BLDRSPACIFIC TUSK BUILDERS 500.00 BLDR-2023-00118_27 PARKWOOD_ORANGE COUNTY ROOFINGORANGE COUNTY ROOFING 500.00 73,736.98
CITY COUNCIL
MD 02/23 LOCC NM&CC - UBER TO SMF -1/20MAXON E DUNCAN 22.95 MD 02/23 LOCC NM&CC - UBER TO HOTEL -1/17MAXON E DUNCAN 22.90 MD 02/23 LOCC NM&CC - UBER TO SNA -1/17MAXON E DUNCAN 35.99 MD 02/23 LOCC NM&CC - RH & MD DINNER - 1/19MAXON E DUNCAN 60.92 MD 02/23 LOCC NEW MAYORS & COUNCILMBR CONF-AIRFAREMAXON E DUNCAN 267.96 DL 04-10 ICSC CONF REGISTRATION - RH - 5/21-5/23US BANK PURCHASING CARD PROGRAM 975.00 DL 04-17 ICSC CONF REGISTRATION - RC - 5/21-5/23US BANK PURCHASING CARD PROGRAM 975.00 DL 04-11 ICSC HOTEL DEPOSIT - RH -5/21-5/23US BANK PURCHASING CARD PROGRAM 397.33 DL 04-17 ICSC HOTEL DEPOSIT - RC -5/21-5/23US BANK PURCHASING CARD PROGRAM 397.33 DL 04-20 ICSC CONF REG CREDIT - RC - 5/21-5/23US BANK PURCHASING CARD PROGRAM (875.00) DL 04-17 ICSC MEMBERSHIP- RCUS BANK PURCHASING CARD PROGRAM 125.00 MAR'23 CC PHONESAT&T 236.69
MEMORIAL DAY WREATHTHE PINK DAFFODIL, LLC 350.00
CITY COUNCIL TOTAL: 2,992.07
CITY MANAGER
5/19-11/16/23 LA TIMES SUBSCRIPTIONLOS ANGELES TIMES 286.00 DD 04-24 ICSC CONF - 5/21-5/23 - FLIGHTSUS BANK PURCHASING CARD PROGRAM 252.96 DL 04-04 OCCMA SUPPLIES - ACRYLIC SIGN HOLDERSUS BANK PURCHASING CARD PROGRAM 18.31 DL 04-03 OCCMA SUPPLIES - NAME BADGE STICKERSUS BANK PURCHASING CARD PROGRAM 21.38 22 Description (Item)Vendor Name Amount
DL 04-04 EMERG. MGMT. TRAINING LUNCH - DL EZ PCUS BANK PURCHASING CARD PROGRAM 80.69 DL 03-29 OCCMA MAY LUNCHEON 5/3US BANK PURCHASING CARD PROGRAM 4,906.50 DL 04-03 OCCMA SUPPLIES - TABLE NUMBERSUS BANK PURCHASING CARD PROGRAM 75.41 DL 04-18 DD CCMF MEMBERSHIP RENEWAL FY23-24US BANK PURCHASING CARD PROGRAM 400.00 JUN'23-PG-HEALTH PREMIUMCALPERS HEALTH 151.00
MAR'23 HR PHONEAT&T 50.35
MAR'23 CM PHONEAT&T 50.35
DD REIMBURSEMENT - 05/04/23 MEDAL OF VALOR PARKINGDAVID DOYLE 46.89 3RD/FINAL DEPOSIT OCCMA JUNE 2023 GOLF RETREATALISO VIEJO COUNTRY CLUB 585.00 DL REIMBURSEMENT - 10/05/22-04/04/23 MILEAGEDANA LEUTHAUSER 144.76 PC 03/26 ALBERTSONS - MEETING SUPPLIESUS BANK PURCHASING CARD PROGRAM 83.77 CITY MANAGER TOTAL: 7,153.37
ECONOMIC DEVELOPMENT
OCT-DEC'22 SALES TAX-EFUELEFUEL LLC 146,440.00
ECONOMIC DEVELOPMENT TOTAL: 146,440.00
HUMAN RESOURCES
APR'23-JS/JC/JL/SW SECURE LIVE SCAN FEESCHARLES C STILL 248.00 APR'23 TB TESTS & EMPLOYEE EXAMSSOUTH COAST MEDICAL GROUP 515.00 MAR'23-JJ/VC/JP/CCQ/TL/NG SECURE LIVE SCAN FEESCHARLES C STILL 372.00 PC 04/11 LCW - FLSA WEBINARUS BANK PURCHASING CARD PROGRAM 75.00 PC 04/07 SHRM - UNITED FLIGHT CHANGE FEE PARTIALUS BANK PURCHASING CARD PROGRAM 29.00 PC 04/07 SHRM - UNITED FLIGHT CHNGE CREDIT PARTIALUS BANK PURCHASING CARD PROGRAM (33.60) PC 04/23 SHRM - UBERUS BANK PURCHASING CARD PROGRAM 53.90 PC 04/07 SHRM - UNITED FLIGHT CHANGE FEE PARTIALUS BANK PURCHASING CARD PROGRAM 33.60 HUMAN RESOURCES TOTAL: 1,292.90
CITY CLERK
MUNI CODE-WEB UPDATEICC GENERAL CODE, INC 774.00
LL-M. ORTIZ CITY OF BREA/FINANCE - 4/5 OCCMAUS BANK PURCHASING CARD PROGRAM 58.00 LL-COSTCO ANNUAL MEMBERSHIP RENEWALUS BANK PURCHASING CARD PROGRAM 120.00 MO 3-28 FOR 5/15 IIMC REGION IX EVENT IN MNUS BANK PURCHASING CARD PROGRAM 35.00 REF0011598530-4/22 DISTRICT ELECTIONS PHN#3&4CALIFORNIA NEWSPAPERS PARTNERSHIP 1,510.40 CANON DR-M260 DOCUMENT SCANNERECS IMAGING INC 1,097.11
CITY CLERK TOTAL: 3,594.51
FINANCE
CASH COURIER SERVICE CITY HALL MAY 2023GARDAWORLD 476.25 REGISTRY OF CHARITABLE TRUSTS-AV RANCH FOUNDATIONDEPARTMENT OF JUSTICE 125.00 3/29/2023-3/28/2024-OPENGOV BUDGET BOOKOPENGOV, INC 5,143.00 APR-JUN'23 CONTRACT SERVICES PROPERTY TAXHDL COREN & CONE 3,852.80 JUN'23 ADMIN FEECHOICE BUILDER 35.00
JUN'23 CALPERS ADMIN FEECALPERS HEALTH 91.67
JUN'23 CALPERS ADMIN FEECALPERS HEALTH 11.48
MAR'23 PARS REP FEESPARS 300.00
FINANCE TOTAL: 10,035.20
INFORMATION TECHNOLOGY
MAY'23 NETWORK SUPPORT & SECURITYNATHAN M KEETER 416.67 FEB'23 ACCT#2566 CH AT&T INTERNETAT&T 1,811.71
MAR'23 ACCT#2566 CH AT&T INTERNETAT&T 1,695.39
APR'23 ACCT#2566 CH AT&T FIBER INTERNETAT&T 1,695.39
APR'23 INTERNET #9302 SERVER ROOMCOX COMMUNICATIONS, INC 85.39 IA-3/24 THE TOLL ROADS OF OCUS BANK PURCHASING CARD PROGRAM 64.39 IA-3/28 EOC YOUTUBE SUBSCRUS BANK PURCHASING CARD PROGRAM 64.99 IA-4/16 WAITWHILEUS BANK PURCHASING CARD PROGRAM 159.00 IA-4/23 AMAZON MARKET PLACEUS BANK PURCHASING CARD PROGRAM 591.55 MAY'23 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 1,990.56 APR'23 CH MICROSOFT 365 E3 LICENSES & SUPTANGENT COMPUTERS INC 2,999.86 MAY'23 OFFSITE BACKUP STORAGELUNAVI, INC 1,272.15
APR'23 CH-ALARM/POTS LINEAT&T 2,955.77
MAR'23 CH MIFIAT&T 163.96
MAR'23 FLEET COMPLETE GPSAT&T 112.78
MAR'23 EOC PHONESAT&T 107.78
MAR'23 EOC MIFIAT&T 160.96
APR'23 ENERGOV & GISJOSE RUEL FABELLA DIRA 1,200.00
4/20/23-6/30/23 PALO ALTO FIREWALLS & SUBSCRIPTIONSHI INTERNATIONAL CORP 2,816.83 23 Description (Item)Vendor Name Amount
MAY'23 INTERNET #0202 TV/CABLE - CITYHALLCOX COMMUNICATIONS, INC 178.10 MAY'23 ACCT #8802 CITY HALL INTERNET-FIBER 600MBCOX COMMUNICATIONS, INC 1,500.00 RC 4-24AXIS 5506-071 T94T01S OUTDOOR MOUNT BRACKETUS BANK PURCHASING CARD PROGRAM 99.96 RC 4-24-V GPB-1700 BATTERY REPLACMNT - GLOBALSTARUS BANK PURCHASING CARD PROGRAM 83.70 RC 4-24CABLE MATTERS USB C DISPLAYPORT 1.4 CABLE 6US BANK PURCHASING CARD PROGRAM 82.13 INFORMATION TECHNOLOGY TOTAL: 22,309.02
NON-DEPARTMENTAL
MAY'23 RICOH C5200S LEASERICOH USA 725.51
MAY'23 RICOH C5200S LEASERICOH USA 4.41
APR'23-CH-COFFEE/WATER FILTRATION & FLTR SVCNESTLE WATERS NORTH AMERICA 150.81 APR'23 VISTA PARK LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 135.55 APR'23 RICOH 2504 (BACK OFFICE)-COPIESRICOH USA 111.70
FEB-APR'23 RICOH PRO C5200S COPIESRICOH USA 539.69
MAY'23 RICOH 2504EX (FRONT COUNTER)-COPIESRICOH USA 209.81 FEB-APR'23 RICOH 2504 SUITE 200 COPIESRICOH USA 20.75
MAY'23 RICOH 2504EX SUITE 200-COPIESRICOH USA 22.05
MAR'23 MOTORCYCLE FUEL - CITYVOYAGER FLEET SYSTEMS INC 476.40 DL 04-21 EMPLOYEE NAME TAG & BADGES - TL & NSUS BANK PURCHASING CARD PROGRAM 108.20 LL-COSTCO 4/4 DELIVERYUS BANK PURCHASING CARD PROGRAM 260.08 LL-CC DRINKS 4/6 & 2/12 RALPHSUS BANK PURCHASING CARD PROGRAM 37.50 LL-CC DINNERS 4/5 BEYOND THAI & 4/19 OC WINE MARTUS BANK PURCHASING CARD PROGRAM 427.51 MAR'23 MTR#2206 VISTAMOULTON NIGUEL WATER DIST 144.01
CITY FLAG 3X5'-SINGLE SIDED INDOOR_FOR SPVSR FOLEYCARROT-TOP INDUSTRIES INC 282.89 MAY'23 - RECORDS OFF SITE STORAGECERTIFIED RECORDS MANAGEMENT 492.22 4/13 CH BOTTLED WATER SERVICE_10 CASESDS SERVICES OF AMERICA, INC 84.89 MAY'23 VISTA PARK LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 131.23 MAY'23 RICOH 2504 (BACK OFFICE)-COPIESRICOH USA 92.89
APR'23 - COPY&BREAKROOM SUPPLIES NON DEPARTMENTALSTAPLES ADVANTAGE 562.01 4/28/23-CITY TILES TO ASM. DIANE DIXON OFFICEFEDERAL EXPRESS 27.10 03/01/23-05/28/23_POSTAGE MACHINE LEASEQUADIENT LEASING USA INC 590.39 PC 04/11 DOLLARTREE - LUNCHEON SUPPLIESUS BANK PURCHASING CARD PROGRAM 10.78 PC 04/11 DOLLARTREE - LUNCHEON SUPPLIESUS BANK PURCHASING CARD PROGRAM 24.34 PC 04/18 RALPHS - MEETING SUPPLIESUS BANK PURCHASING CARD PROGRAM 73.51 PC 04/07 COSTCO - TRAINING/MTG SUPPLIESUS BANK PURCHASING CARD PROGRAM 384.82 NON-DEPARTMENTAL TOTAL: 6,131.05
C. S. ADMINISTRATION
SUMMER CLASS 2023 36PG + COVERADVANTAGE MAILING, LLC 19,286.53 JAMFEST 2023 PHOTOGRAPHYJESSICA ALCANTAR 550.00
DL 03-28 OCSD - MEDAL OF VALOR 5/4 - TABLE FOR 10US BANK PURCHASING CARD PROGRAM 1,500.00 EM 4-24 - EM OC DIRECTORS TRAINING/MEETINGUS BANK PURCHASING CARD PROGRAM 394.03 FY22-23-COMMUNITY ASSISTANCE GRANT-LEAGUE OF CAPOASSISTANCE LEAGUE OF CAPISTRANO VALLEY 1,000.00 JB 4/24/23- SMART & FINAL OC DIRECTORS TRAININGUS BANK PURCHASING CARD PROGRAM 27.26 JB 4/24/23- CHAUPAIN BAKERY MEETINGUS BANK PURCHASING CARD PROGRAM 67.15 JB 4/24/23- TARGET MOVIE NIGHT RETURNUS BANK PURCHASING CARD PROGRAM (16.16) JB 4/24/23- AMAZON JAMFEST SUPPLIESUS BANK PURCHASING CARD PROGRAM 30.69 JB 4/24/23- AMAZON JAMFEST SUPPLIESUS BANK PURCHASING CARD PROGRAM 59.87 JB 4/24/23- SMART & FINAL MOVIE NIGHTUS BANK PURCHASING CARD PROGRAM 59.97 JB 4/24/23- DOMINO'S MOVIE NIGHT STAFF PIZZAUS BANK PURCHASING CARD PROGRAM 32.29 JB 4/24/23- HOME DEPOT ROCKY STORAGE SHELVESUS BANK PURCHASING CARD PROGRAM 1,179.15 JB 4/24/23- AMAZON STORAGE SUPPLIESUS BANK PURCHASING CARD PROGRAM 57.65 JB 4/24/23- AMAZON ORGANIZERSUS BANK PURCHASING CARD PROGRAM 42.00 JB 4/24/23- AMAZON STORAGE KEYCHAINUS BANK PURCHASING CARD PROGRAM 10.76 JB 4/24/23- AMAZON STORAGE KEYCHAIN REFUNDUS BANK PURCHASING CARD PROGRAM (10.76) MO 3-31 META ADS_SUMM CAMP HIRING FAIR SPRING REGUS BANK PURCHASING CARD PROGRAM 70.24 GRAPHIC DESIGN-LIGHT POLE BANNERS/HOLIDAY & SPRINGMICHAEL R JUE 1,500.00 GRAPHIC DESIGN WORK: FY22-23MICHAEL R JUE 16,550.00
GRAPHIC DESIGN-AV LETTERHEAD & SLIDESMICHAEL R JUE 56.25 GRAPHIC DESIGN - AV RANCH PLANT IDENTIFIER SIGNAGEMICHAEL R JUE 412.50 GRAPHIC DESIGN-LIGHT POLE BANNERS/4TH OF JULYMICHAEL R JUE 825.00 JUN'23-DP-HEALTH PREMIUMCALPERS HEALTH 151.00
JUN'23-HW-HEALTH PREMIUMCALPERS HEALTH 151.00
AV RANCH PLANT IDENTIFIER SIGN PRINTINGWESTAMERICA COMMUNICATIONS INC 842.85 APR'23 TRANSPORTATION SERVICES - SMPCABCO YELLOW INC 640.50 24 Description (Item)Vendor Name Amount
FY22-23-REC YOUTH PROG GRANT-AVMSALISO VIEJO MIDDLE SCHOOL 2,000.00 C. S. ADMINISTRATION TOTAL: 47,469.77
IGLESIA PARK
APR'23 IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 2,327.81 APR'23 IGLESIA TREE TRIMMING SERVICEGREAT SCOTT TREE SERVICE, INC 2,590.00 APR'23 IGLESIA PARK TREE REMOVALSGREAT SCOTT TREE SERVICE, INC 3,680.00 KB HOME DEPOT - IGLESIA SINK REPAIRUS BANK PURCHASING CARD PROGRAM 59.17 MAR'23 MTR#3499 IGLESIA PARKEL TORO WATER DISTRICT 186.45 MAR'23 MTR#4114 IGLESIA PARKEL TORO WATER DISTRICT 186.45 APR'23 ACCT#7997 IGLESIA PARKSO CAL EDISON 188.33
IGLESIA PARK TOTAL: 9,218.21
IGLESIA BUILDING
02/09/23 - 05/16/23 IGLESIA ALARMPROTECTION ONE ALARM MONITORING INC 100.00 APR'23 IGLESIA JANITORAL SERVICESTEAM ONE MANAGEMENT SERVICES 950.00 MAR'23 MTR#5016 IGLESIA BLDGEL TORO WATER DISTRICT 227.81 MAY'23 IGLESIA JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 950.00 IGLESIA COMMUNITY CTR - AED LICENSEZOLL MEDICAL CORPORATION 519.00 APR'23 ACCT#7997 IGLESIA BLDGSO CAL EDISON 749.45
IGLESIA BUILDING TOTAL: 3,496.26
PLANNING
MAR'23 AFFORD. HOUSING CONSULTANT SERVICESREBECCA J CAHA 1,762.50 IA-3/30 CONSTANT CONTACTUS BANK PURCHASING CARD PROGRAM 45.00 SK 04-26 PDAOC LUNCH - LEGISLATIVE UPDATEUS BANK PURCHASING CARD PROGRAM 50.00 2023 ANNUAL PDAOC MEMBERSHIP DUESPLANNING DIRECTORS ASSN OF OC 125.00 JUN'23-MF-HEALTH PREMIUMCALPERS HEALTH 151.00
APR'23 JK-PLANNING CONSULTING SERVICESCIVIC SOLUTIONS INC 6,990.00 APR'23 GB-AVTC CONSULTING SERVICESCIVIC SOLUTIONS INC 160.00 APR'23 AFFORD. HOUSING CONSULTANT SERVICESREBECCA J CAHA 1,837.50 PLANNING TOTAL: 11,121.00
BUILDING
MAR'23 CAA BUILDING SERVICESCHARLES ABBOTT ASSOC INC 40,428.00 BUILDING TOTAL: 40,428.00
CODE ENFORCEMENT
MAR'23 CAA CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 8,663.38 CODE ENFORCEMENT TOTAL: 8,663.38
ENGINEERING (GENERAL)
MAY'23 WAREHOUSE LEASEPV MAINTENANCE INC 1,035.00
MAR'23 PW TABLETAT&T 120.72
MAR'23 CAA NPDES COSTSCHARLES ABBOTT ASSOC INC 14,968.44 MAR'23 CAA SOLID WASTECHARLES ABBOTT ASSOC INC 7,756.30 MAR'23 CAA PW ENGINEERING-ADMINCHARLES ABBOTT ASSOC INC 997.60 EM 4-24-23 PLAYGROUND SAFETY INSPECTOR CERT CLASSUS BANK PURCHASING CARD PROGRAM 650.00 ENGINEERING (GENERAL) TOTAL: 25,528.06
STREET MAINTENANCE
APR'23 STREET MAINTENANCE (45%)PV MAINTENANCE INC 26,159.48 MAR'23 CAA STREET MAINTENANCECHARLES ABBOTT ASSOC INC 982.31 STREET MAINTENANCE TOTAL: 27,141.79
LAW ENFORCEMENT-CONTRACT
MAY'23 EARLY PAYMENT CREDITCOUNTY OF ORANGE (2,066.06)
MAY'23 LAW ENFORCEMENTCOUNTY OF ORANGE 798,643.94
MAY'23 IN CAR VIDEOCOUNTY OF ORANGE 7,823.85
MAY'23 BODY WORN CAMERACOUNTY OF ORANGE 13,912.44
LAW ENFORCEMENT-CONTRACT TOTAL: 818,314.17
LAW ENFORCEMENT-OTHER
REPAIRS FOR OCSD MOTORCYCLE VIN#WB10J6307KZG33962SEAVCO INC 2,988.26 PLATE - LADEPUTY GIUMMO PLAQUE 28620J&M TROPHIES INC 17.24 02/05-02/18/23 414 HRS-CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 12,051.54 03/05-03/18/23 460 HRS-CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 13,390.60 03/19-04/01/23 458 HRS-CROSSING GUARD SERVICEALL CITY MANAGEMENT SERVICES 13,332.38 04/02-04/15/23 230 HRS-CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 6,695.30 MAR'23 MOTORCYCLE FUEL - AVPSVOYAGER FLEET SYSTEMS INC 320.52 RD 03/02/23 THE TOLL ROADS OF OCUS BANK PURCHASING CARD PROGRAM 706.07 25 Description (Item)Vendor Name Amount
RD 03/22/23 JM TROPHY CAPT VILLANUEVAUS BANK PURCHASING CARD PROGRAM 17.24 NOV'22 RADIO REPAIRSCOUNTY OF ORANGE 69.50
MAR'23 PAL PHONEAT&T 45.33
PLATE - DEPUTY HERNANDEZ PLAQUE 28723J&M TROPHIES INC 17.24 04/16-04/29/23 460 HRS-CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 13,390.60 AV 04-24-23 FOOD ITEMS-FATAL TRAFFIC INVESTIGATIONUS BANK PURCHASING CARD PROGRAM 91.28 AV 04-24-23 FOOD ITEMS FOR MEETING AT DISPATCHUS BANK PURCHASING CARD PROGRAM 89.51 RD 4-24-23 THE TOLL ROADS APRIL 10 2023US BANK PURCHASING CARD PROGRAM 575.00 LAW ENFORCEMENT-OTHER TOTAL: 63,797.61
CRIME PREVENTION
MAY'23 RENTAL STORAGE UNIT#75 LIEN FEEALISO VIEJO SELF STORAGE 25.00 RD 4-24-23 STAPLES PERMANENT MARKER PACKSUS BANK PURCHASING CARD PROGRAM 34.88 CRIME PREVENTION TOTAL: 59.88
ANIMAL CONTROL
APR-JUN'23 ANIMAL CARE SERVICESCITY OF MISSION VIEJO 115,759.09 ANIMAL CONTROL TOTAL: 115,759.09
EOC
SL 04-24 THANK YOU CARD CERT INSTRUCTORUS BANK PURCHASING CARD PROGRAM 5.38 SL 04-24 THANK YOU CARD CERT INSTRUCTORUS BANK PURCHASING CARD PROGRAM 8.57 APR'23 EOC SUPPLIES - LABELSSTAPLES ADVANTAGE 62.03
APR'23 EOC SUPPLIES - LOCK FOR STORAGESTAPLES ADVANTAGE 27.90 APR'23 EOC SUPPLIES - SHEET PROTECTORSSTAPLES ADVANTAGE 16.36 APR'23 EOC SUPPLIES - SAFETY GOGGLESSTAPLES ADVANTAGE 154.73 EOC TOTAL: 274.97
GENERAL FUND TOTAL: 1,444,957.29
102 - GEN. FD-CITY HALL
NON-DEPARTMENTAL
FEB'23 CITY HALL JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 3,330.00 APR'23 CITY HALL JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 3,330.00 APR'23 CH LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 149.53 APR'23 CH - ELEVATOR MAINTENANCETHURSTON ELEVATOR CONCEPTS INC 131.00 MAY'23 CH-ELEVATOR MAINTENANCETHURSTON ELEVATOR CONCEPTS INC 131.00 APR'23 ACCT#4556 38 COLONIALSO CAL EDISON 93.20
APR'23 ACCT#7189 CITY HALLSO CAL EDISON 5,090.12
APR'23 MTR#6544 CITY HALLTHE GAS COMPANY 618.82
PLAQUE FOR CH 2ND FLOOR OFFICESTARFISH SIGNS & GRAPHICS, INC 678.61 KB HOME DEPOT - CITY HALL 2ND FLOOR ELECTRICAL REPUS BANK PURCHASING CARD PROGRAM 27.28 MAR'23 MTR#6010 CITY HALLMOULTON NIGUEL WATER DIST 85.59 MAR'23 MTR#7051 CITY HALLMOULTON NIGUEL WATER DIST 336.23 MAR'23 MTR#8510 CITY HALLMOULTON NIGUEL WATER DIST 164.02 MAY'23 CITY HALL HOA FEESPACIFIC PARK II ASSOCIATION 347.27 SL 04-24 AED REPLACEMENT PADSUS BANK PURCHASING CARD PROGRAM 446.09 MAY'23 CITY HALL JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 3,610.00 FLAGTIME - 4X6 US FLAG AND 4X6 CALIFORNIA FLAGGEORGE FEDECKY 116.37 CH - AED LICENSEZOLL MEDICAL CORPORATION 519.00
MAY'23 CH LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 99.00 MAY'23 CITY HALL PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00 05/02 CH GENERATOR PM ANNAUL SERVICEDUTHIE ELECTRIC SERVICE CORPORATION 756.22 05/02 CH GENERATOR - COMPLETED 2 HOUR LOAD TESTDUTHIE ELECTRIC SERVICE CORPORATION 1,250.00 NON-DEPARTMENTAL TOTAL: 21,424.35
GEN. FD-CITY HALL TOTAL: 21,424.35
103 - GF-AV RECREATION SERVICES
RECREATION SERVICES
CASH COURIER SERVICE RANCH MAY 2023GARDAWORLD 413.62
04/12/23 AVR BOTTLED WATER SERVICESDS SERVICES OF AMERICA, INC 58.94 APR'23 RANCH+FARM JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 5,300.00 APR'23 AVR EMERGENCY CARPET & UPHOLSTERY CLETEAM ONE MANAGEMENT SERVICES 240.00 APR'23 AV RANCH JANITORIAL SUPPLIESGORM, INC 597.07
APR'23 RANCH LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 331.51 SPRING2023-VSP094-096-116-118-48 PARTICIPANTSCAROLYN WOJCIECHOWSKI 978.00 SPRING2023-VSP113-VSP111-VSP128-13 PARTICIPANTSRUIHONG LI 351.00 26 Description (Item)Vendor Name Amount
SPRING2023-VSP081-VSP107-1 PARTICIPANTWADORYU USA INC 49.00 SPRING 2023-VSP079-VSP039-3 PARTICIPANTSJOHN DAVID ALLEN JR 79.20 SPRING2023-VSP172-VSP173-13 PARTICIPANTSL & O ALISO VIEJO, LLC 637.00 SPRING2023-VSP092-6 PARTICIPANTSKIMBERLY KRANTZ 162.00
FEB'23 ACCT#2566 AVR AT&T INTERNETAT&T 1,256.46
APR'23 RANCH LOCKSMITH SERVICEENTRY CONTROL, INC 109.53 APR'23 ACCT#2566 AVR AT&T INTERNET SERVICEAT&T 1,009.89 FEB'23 MTR#0958 RANCHMOULTON NIGUEL WATER DIST 92.71
FEB'23 MTR#1100 FARMMOULTON NIGUEL WATER DIST 85.59
MAY'23 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 663.52 APR'23 AVR MICROSOFT 365 E3 LICENSES & SUPTANGENT COMPUTERS INC 529.39 JB 4/24/23- LEGOLAND CITY DAY CAMPUS BANK PURCHASING CARD PROGRAM 499.99 JB 4/24/23- TARGET BUNKHOUSE ORGANIZERUS BANK PURCHASING CARD PROGRAM 2.16 JB 4/24/23- SMART & FINAL BREAKROOM SUPPLIESUS BANK PURCHASING CARD PROGRAM 29.99 JB 4/24/23- COSTCO BREAKROOM SUPPLIESUS BANK PURCHASING CARD PROGRAM 123.90 JB 4/24/23- AMAZON BIN SIGNAGEUS BANK PURCHASING CARD PROGRAM 44.17 JB 4/24/23- COSTCO CLEANING SUPPLIESUS BANK PURCHASING CARD PROGRAM 51.68 JNL 04/02/23 LEGOLAND TICKETS- CAMP EXCURSIONUS BANK PURCHASING CARD PROGRAM 499.99 JNL 03/24/23 AMAZON- GAFFERS TAPEUS BANK PURCHASING CARD PROGRAM 32.22 KB HOMEDEPOT - RANCH/YARD STORAGE CONTAINER REPAIUS BANK PURCHASING CARD PROGRAM 197.33 KB HOMEDEPOT - RANCH/YARD STORAGE CONTAINER REPAIUS BANK PURCHASING CARD PROGRAM 80.80 KB HOME DEPOT - RANCH EQUIPMENT REPAIR CASTORUS BANK PURCHASING CARD PROGRAM 15.33 KB HOMEDEPOT - RANCH EQUIPMENT REPAIR CASTORUS BANK PURCHASING CARD PROGRAM 16.14 KB AMAZON - RANCH GREEN RESTROOM ODORIZER FIXTUREUS BANK PURCHASING CARD PROGRAM 26.80 MAR'23 MTR#0819 FARMMOULTON NIGUEL WATER DIST 105.91
MAR'23 MTR#0958 RANCHMOULTON NIGUEL WATER DIST 96.27
MAR'23 MTR#0973 RANCHMOULTON NIGUEL WATER DIST 88.13
MAR'23 MTR#1100 FARMMOULTON NIGUEL WATER DIST 103.39
MAR'23 MTR#5356 RANCHMOULTON NIGUEL WATER DIST 336.23
MAR'23 MTR#7892&6534 RANCHMOULTON NIGUEL WATER DIST 593.93 APR'23 AVR-ALARM/POTS LINEAT&T 985.26
SPRING 2023-VSP088-VSP059-11PARTICIPANTSERNA VAN DYK 768.00 APR'23 JAMFEST DRY CLEANING FOR BRANDED LINENSPRESS-TIGE ENTERPRISES INC 42.34 MAR'23 REC PHONESAT&T 181.32
MAR'23 REC TABLETSAT&T 40.24
7/13/23 DEPOSIT ONLY FOR PIRATE EXCURSION-CDC2023CALIFORNIA DINNER ENTERTAINMENT, LLC 350.04 APR'23 AVR EVENT SECURITY SERVICESLYONS SECURITY SERVICE IN 4,200.00 SPRING 2023-VSP008-7 PARTICIPANTSREADWRITE EDUCATIONAL SOLUTIONS INC 1,281.00 SPRING 2023-VSP013-12 PARTICIPANTSRACHEL M WESTFALL 396.00 SPRING 2023-VSP077-8 PARTICIPANTSJOHN DAVID ALLEN JR 259.20 SPRING 2023-VSP075-5 PARTICIPANTSJOHN DAVID ALLEN JR 162.00 SPRING 2023-VSP071-VSP072-VSP037-13 PARTICIPANTSBREAKTHROUGH SPORTS LLC 598.20 MAY'23 RANCH LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 199.00 MAY'23 RANCH LOCKSMITH SVC - NEW CORE AND 3 KEYENTRY CONTROL, INC 29.90 MAY'23 RANCH PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 SPRING 2023-VSP060-3 PARTICIPANTSERNA VAN DYK 54.00
MAY'23 STAPLES ORDER AV RANCHSTAPLES ADVANTAGE 253.95
MAR'23 ACCT#2566 AVR AT&T INTERNETAT&T 1,009.89
APR-JUN'23 QUARTERLY AQUAPONICS MAINT. FARMHASA INC 440.00 APR'23 ACCT#4551 FARMSO CAL EDISON 727.46
RECREATION SERVICES TOTAL: 27,976.59
GF-AV RECREATION SERVICES TOTAL: 27,976.59
203 - GAS TAX
TRAFFIC ENGINEERING
JAN'23 WOOD CANYON DRIVE STUDY FOLLOW UPRK ENGINEERING GROUP INC 1,200.00 APR'23 STORM DRAIN CONDITION ASSESSMENTWOOD RODGERS, INC 1,710.00 TRAFFIC ENGINEERING TOTAL: 2,910.00
STREET MAINTENANCE
APR'23 STREET MAINTENANCE (55%)(GAS)PV MAINTENANCE INC 31,972.69 MAR'23 TRAFFIC SIGNAL MAINTENANCE ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,162.60 MAR'23 TRAFFIC SIGNAL MAINTENANCE RESPONSEBEAR ELECTRICAL SOLUTIONS INC 11,927.99 APR'23 STREET SWEEPING SERVICESR F DICKSON CO INC 8,668.66 MAY'23 DATABASE MAINT. + 26 TICKETSUNDERGROUND SERVICE ALERT OF SOUTHERN CA 55.50 27 Description (Item)Vendor Name Amount
APR'23 ACCT#6377 LS2 ST LGHTSSO CAL EDISON 1,291.68
APR'23 ACCT#7241 LS1 ST LGHTSSO CAL EDISON 16,798.03
#6544/#4551/#2066 MEDIANSMOULTON NIGUEL WATER DIST 64.17 FEB'23 MTR#6544 MEDIANSMOULTON NIGUEL WATER DIST 89.15
FEB'23 MTR#8838 MEDIANSMOULTON NIGUEL WATER DIST 96.27
MAR'23 ACCT#6953 ST LGHTS & TRAFFIC CONTROLLERSSAN DIEGO GAS & ELECTRIC 2,942.37 MAR'23 MTR#2066 MEDIANSMOULTON NIGUEL WATER DIST 53.49
FY22-23 MTR#5675 CALLE CORTEZEL TORO WATER DISTRICT 87.35 MAR'23 MTR#6544 MEDIANSMOULTON NIGUEL WATER DIST 85.59
#6544/#4551/#2066 MEDIANSMOULTON NIGUEL WATER DIST 85.59 APR'23 ACCT#8254 TC1 ST LGHTSSO CAL EDISON 3,445.77
STREET MAINTENANCE TOTAL: 80,826.90
GAS TAX TOTAL: 83,736.90
204 - MEASURE M
GEN-MEASURE M
APR'23 TRANSPORTATION SERVICES - M2 FUNDCABCO YELLOW INC 2,562.00 GEN-MEASURE M TOTAL: 2,562.00
MEASURE M TOTAL: 2,562.00
215 - PUBLIC SAFETY GRANTS
LAW ENFORCEMENT-OTHER
APR-JUN'23 800 MHZ COST ALLOCATIONCOUNTY OF ORANGE 6,706.00 MAY'23 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEMCOUNTY OF ORANGE 1,904.00 MAY'23 MOTORCYCLE REPLACEMENT COSTSCOUNTY OF ORANGE 65.92 MAY'23 E CITATION REPLACEMENTCOUNTY OF ORANGE 91.82
MAY'23 MDC RECURRINGCOUNTY OF ORANGE 4,043.58
MAY'23 MDC REPLACEMENTCOUNTY OF ORANGE 1,550.49
MAY'23 E CITATION RECURRINGCOUNTY OF ORANGE 291.45
LAW ENFORCEMENT-OTHER TOTAL: 14,653.26
PUBLIC SAFETY GRANTS TOTAL: 14,653.26
225 - INTEGRATED WASTE MGMT FD
GEN-BEV CONTAINER RECYCLE
KB AMAZON - TRASH CANS FOR AQUATIC CTR GRANT MONEYUS BANK PURCHASING CARD PROGRAM 417.60 GEN-BEV CONTAINER RECYCLE TOTAL: 417.60
INTEGRATED WASTE MGMT FD TOTAL: 417.60
241 - TECHNOLOGY FUND
GEN-TECHNOLOGY GRANTS
6/01/23-5/31/24 DIGITAL SIGNAGE LICENSE RENEWALREACH SPORTS MARKETING GROUP 2,550.00 GEN-TECHNOLOGY GRANTS TOTAL: 2,550.00
TECHNOLOGY FUND TOTAL: 2,550.00
251 - FEDERAL GRANTS
OTHER GRANTS
SL 04-24 FOOD AND WATER FOR LHMP MEETINGUS BANK PURCHASING CARD PROGRAM 21.96 APR'23 HAZARD MITIGATION PLAN DEV CONSULTANTATLAS PLANNING SOLUTIONS 5,993.00 OTHER GRANTS TOTAL: 6,014.96
FEDERAL GRANTS TOTAL: 6,014.96
261 - CITY FAC.-AQUATIC CENTER
MAY'23-AQ CTR MANAGEMENT RETENTIONPREMIER AQUATIC SERVICES (1,208.30) -1,208.30
GEN-AQUATIC CENTER
AQ CTR-03/01REIMB-HOMEDEPOT ERASEWHITEBRDWALLDECALPREMIER AQUATIC SERVICES 17.04 AQ CTR-02/21 REIMB-AMAZON FACIL FIRST AID SUPPLIESPREMIER AQUATIC SERVICES 62.10 AQ CTR-02/14 REIMB-AMAZON REPL POOL SAFETY SIGNSPREMIER AQUATIC SERVICES 53.86 CASH COURIER SERVICE AQUATIC CENTER MAY 2023GARDAWORLD 476.24 MAY'23-AQ CTR MANAGEMENT FEESPREMIER AQUATIC SERVICES 12,083.00 APR'23 AQC LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 99.00 28 Description (Item)Vendor Name Amount
APR'23 AQC POOL CHEMICALS -CHLORINE; SODIUM BICARBHASA INC 1,137.24 APR'23 ACCT#6701 AQC INTERNETCOX COMMUNICATIONS, INC 502.69 JAN-MAR'23-AQ CTR-MTR#4987 ELECTRICITYALISO VIEJO BANQUET CENTER LLC 4,509.59 KB SCP-AQ CENTER POOLWATER TREATMENT FOR PHOSPHATEUS BANK PURCHASING CARD PROGRAM 273.38 KB HOMEDEPOT - AQ CENTER ROOF RAIN DRAIN REPAIRUS BANK PURCHASING CARD PROGRAM 42.57 KB HOMEDEPOT - AQ CENTER REPAIR PARTSUS BANK PURCHASING CARD PROGRAM 77.90 KB HOMEDEPOT - AQ CENTER ROOF RAIN DRAIN REPAIRUS BANK PURCHASING CARD PROGRAM 58.84 KB HOMEDEPOT - AQ CENTER ROOF RAIN DRAIN REPAIRUS BANK PURCHASING CARD PROGRAM 13.99 MAR'23 MTR#2996 AQCMOULTON NIGUEL WATER DIST 233.49
MAR'23 MTR#6054 AQCMOULTON NIGUEL WATER DIST 224.76
AQ CTR - AED LICENSEZOLL MEDICAL CORPORATION 519.00
MAY'23 AQC LIGHTING MAINTENANCEPEAK LIGHTING & ELECTRIC INC 118.93 APR'23 AQC JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,100.00 MAY'23 AQC POOL CHEMICALS - CHLORINEHASA INC 870.87
APR'23 MTR#2349 AQCTHE GAS COMPANY 2,110.90
APR'23 AQ CTR REIMB AMAZON SPONGES FOR CLEANINGPREMIER AQUATIC SERVICES 5.92 FEB'23 AQ CTR REIMB HOME DEPOT BACKBOARD REPAIRSPREMIER AQUATIC SERVICES 22.50 FEB'23 AQ CTR REIMB ABLE- ADA CHAIR COVERPREMIER AQUATIC SERVICES 898.56 MAR'23 AQ CTR REIMB AMAZON SKIMMER BASKETSPREMIER AQUATIC SERVICES 55.15 MAR'23 AQ CTR REIMB AMAZON UMBRELLAS - LIFEGUARDSPREMIER AQUATIC SERVICES 198.64 FEB'23 AQ CTR REIMB 3 PROPANE REPLACEMENTSPREMIER AQUATIC SERVICES 84.01 APR'23 AQ CTR REIMB DOLLAR TREE SEASONAL DECOSPREMIER AQUATIC SERVICES 17.61 APR'23 AQ CTR REIMB AMAZON LIGHT BULBS FOR OFFICEPREMIER AQUATIC SERVICES 93.27 MAR'23 AQ CTR REIMB STAPLES SIGNAGE FOR TRAININGPREMIER AQUATIC SERVICES 38.87 MAR'23 AQ CTR REIMB RALPHS INSERVICE TRAININGPREMIER AQUATIC SERVICES 44.44 MAR'23 AQ CTR REIMB COSTCO SNACKS STAFF TRAININGSPREMIER AQUATIC SERVICES 79.98 APR'23 AQ CTR TARGET OFFICE SUPPLIES WATER FILTERPREMIER AQUATIC SERVICES 52.36 APR'23 AQ CTR HOME DEPOT PLATFORM REPAIRS SWIMPREMIER AQUATIC SERVICES 197.49 APR'23AQ CTR HOME DEPOT SHIPG MATLS-UMBRELLA MAINTPREMIER AQUATIC SERVICES 33.79 JAN'23 AQ CTR REIMB CHEVRON PROPANEPREMIER AQUATIC SERVICES 56.01 MAR'23 AQ CTR REIMB STAPLES OFFICE SUPPLIESPREMIER AQUATIC SERVICES 90.88 JAN'23 AQ CTR REIMB DOLLAR TREE STAFF DECORATIONSPREMIER AQUATIC SERVICES 5.39 FEB'23 AQ CTR TRADER JOES DECORATIONS -FACILITYPREMIER AQUATIC SERVICES 16.15 MAR'23AQ CTR REIMB AMAZON SUPPLIES IN-WATER LESSONPREMIER AQUATIC SERVICES 41.79 APR'23 AQ CTR REIMB COSTCO SNACKS/WATER-STAFFPREMIER AQUATIC SERVICES 43.76 JAN'23 AQ CTR REIMB COSTCO STAFF SNACKSPREMIER AQUATIC SERVICES 18.78 MAY'23 AQ CTR - COSTCO- CHIPS FOR RESALEPREMIER AQUATIC SERVICES 33.98 MAY'23 AQ CTR - FEDEX- SHIPPING FOR POOL VACUUMPREMIER AQUATIC SERVICES 336.16 MAY'23 AQ CTR - COSTCO- STAFF HEALTH SUPPORTPREMIER AQUATIC SERVICES 74.22 MAY'23 AQ CTR - STAPLES- TONERPREMIER AQUATIC SERVICES 107.73 NOV'22 AQ CTR - NIXY- WINTER APPARELPREMIER AQUATIC SERVICES 1,319.96 MAY'23 AQ CTR - KRAZY EDDY'S DONUTS - STAFF APPRECPREMIER AQUATIC SERVICES 37.44 MAY'23 APPAREL FOR SUMMER SEASONORIGINAL WATERMEN, INC 7,741.84 GEN-AQUATIC CENTER TOTAL: 37,332.07
CITY FAC.-AQUATIC CENTER TOTAL: 36,123.77
311 - STREET IMPROVEMENTS
STREETS & HIGHWAYS
APR'23 ENTERPRISE REHAB - ACR TO AVP DESIGNENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 1,873.62 STREETS & HIGHWAYS TOTAL: 1,873.62
STREET IMPROVEMENTS TOTAL: 1,873.62
331 - CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
CITY HALL SUITE 200 DATA INSTALLATIONDIRECT SOURCE COMMUNICATION INC 5,879.42 CAPITAL IMPROVEMENTS TOTAL: 5,879.42
CAPITAL IMPROVEMENTS TOTAL: 5,879.42
741 - RENEWABLE FARMS
APR'23 RENEWABLE FARMS RETENTIONAARON FLORA (3,246.80)
-3,246.80
29 Description (Item)Vendor Name Amount
RECREATION SERVICES
APR'23 RENEWABLE FARMS PAYMENTAARON FLORA 32,468.00
RECREATION SERVICES TOTAL: 32,468.00
RENEWABLE FARMS TOTAL: 29,221.20
GRAND TOTAL: 1,677,390.96
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 1,444,957.291,444,957.29
102 - GEN. FD-CITY HALL 21,424.3521,424.35
103 - GF-AV RECREATION SERVICES 27,976.5927,976.59
203 - GAS TAX 83,736.9083,736.90
204 - MEASURE M 2,562.002,562.00
215 - PUBLIC SAFETY GRANTS 14,653.2614,653.26
225 - INTEGRATED WASTE MGMT FD 417.60417.60
241 - TECHNOLOGY FUND 2,550.002,550.00
251 - FEDERAL GRANTS 6,014.966,014.96
261 - CITY FAC.-AQUATIC CENTER 36,123.7736,123.77
311 - STREET IMPROVEMENTS 1,873.621,873.62
331 - CAPITAL IMPROVEMENTS 5,879.425,879.42
741 - RENEWABLE FARMS 29,221.2029,221.20
1,677,390.96Grand Total: 1,677,390.96
30 Accounts Payable Payable Dates: 04/28/2023 - 05/25/2023 5/23/2023 9:28:40 AM Page 10 of 12
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 1,444,957.29
102 - GEN. FD-CITY HALL 21,424.35
103 - GF-AV RECREATION SERVICES 27,976.59
203 - GAS TAX 83,736.90
204 - MEASURE M 2,562.00
215 - PUBLIC SAFETY GRANTS 14,653.26
225 - INTEGRATED WASTE MGMT FD 417.60
241 - TECHNOLOGY FUND 2,550.00
251 - FEDERAL GRANTS 6,014.96
261 - CITY FAC.-AQUATIC CENTER 36,123.77
311 - STREET IMPROVEMENTS 1,873.62
331 - CAPITAL IMPROVEMENTS 5,879.42
741 - RENEWABLE FARMS 29,221.20
1,677,390.96Grand Total:
Account Summary
Payment AmountAccount Number Account Name
101-1203-000 ACCOUNTS RECEIVABLE 12,888.75
101-1301-000 PREPAID EXPENSES 13,962.91
101-2505-000 DENTAL INSURANCE PAY… 2,424.58
101-2506-000 MEDICAL INSURANCE PA… 29,449.83
101-2507-000 LIFE INSURANCE PAYABLE 1,477.00
101-2508-000 VISION INSURANCE PAYA… 382.60
101-2602-000 PLANNING DEPOSIT 2,250.00
101-2603-000 ENGINEERING DEPOSIT 6,050.88
101-2606-000 C & D DEPOSIT 3,000.00
101-36420 SMIP 1,599.03
101-36425 CASP CERT/TRNG 103.20
101-36430 BUILDING STANDARD FEE … 448.20
101-37505 INFORMATION TECHNOL… -300.00
101-4-1101-4501-000 ADVERTISING & PROMOT… 350.00
101-4-1101-4511-000 COMMUNICATION 236.69
101-4-1101-4520-000 MTGS/CONF./TRNG & DE… 2,280.38
101-4-1101-4521-000 MEMBERSHIP & DUES 125.00
101-4-1501-4206-000 MEDICAL INSURANCE 151.00
101-4-1501-4511-000 COMMUNICATION 100.70
101-4-1501-4520-000 MTGS/CONF./TRNG & DE… 6,215.67
101-4-1501-4521-000 MEMBERSHIP & DUES 400.00
101-4-1501-4611-000 PUBLICATIONS/REF MATE… 286.00
101-4-1502-4781-000 C.S-OTHER 146,440.00
101-4-1503-4309-000 OTHER CONTRACTUAL SE… 1,135.00
101-4-1503-4520-000 MTGS/CONF./TRNG & DE… 157.90
101-4-1601-4303-000 LEGAL NOTICES 1,510.40
101-4-1601-4305-000 TECHNOLOGY SERVICES 1,097.11
101-4-1601-4520-000 MTGS/CONF./TRNG & DE… 93.00
101-4-1601-4612-000 OPERATING SUPPLIES 120.00
101-4-1601-4734-000 CODIFICATION 774.00
101-4-2501-4301-000 PROFESSIONAL SERVICES 3,852.80
101-4-2501-4305-000 TECHNOLOGY SERVICES 5,143.00
101-4-2501-4309-000 OTHER CONTRACTUAL SE… 1,039.40
101-4-3101-4225-000 VEHICLE/CELL 64.39
101-4-3101-4301-000 PROFESSIONAL SERVICES 1,616.67
101-4-3101-4305-000 TECHNOLOGY SERVICES 12,522.78
101-4-3101-4481-000 COMPUTER EXPENSE 8,105.18
101-4-3501-4421-000 EQUIPMENT RENTAL 1,855.59
101-4-3501-4431-000 BUILDING & GROUND MA… 410.79
101-4-3501-4471-000 RENT 492.22
31 Accounts Payable Payable Dates: 04/28/2023 - 05/25/2023 5/23/2023 9:28:40 AM Page 11 of 12
Account Summary
Payment AmountAccount Number Account Name
101-4-3501-4512-000 POSTAGE 27.10
101-4-3501-4513-000 PRINTING 457.20
101-4-3501-4516-000 FUEL 476.40
101-4-3501-4542-000 INTEREST EXPENSE - LEASE 4.41
101-4-3501-4601-000 SUPPLIES 1,188.80
101-4-3501-4612-000 OPERATING SUPPLIES 1,218.54
101-4-4101-4206-000 MEDICAL INSURANCE 302.00
101-4-4101-4501-000 ADVERTISING & PROMOT… 39,543.37
101-4-4101-4520-000 MTGS/CONF./TRNG & DE… 488.44
101-4-4101-4524-000 RECREATION-SENIOR TRA… 640.50
101-4-4101-4527-000 REC-CITY SPECIAL EVENTS 716.66
101-4-4101-4529-000 REC-YOUTH PROGRAMS 2,000.00
101-4-4101-4530-000 COMMUNITY GRANTS 1,500.00
101-4-4101-4533-000 COMMUNITY ASSISTANCE… 1,000.00
101-4-4101-4601-000 SUPPLIES 1,278.80
101-4-4102-4411-000 UTILITIES 561.23
101-4-4102-4431-000 BUILDING & GROUND MA… 8,656.98
101-4-4103-4309-000 OTHER CONTRACTUAL SE… 100.00
101-4-4103-4411-000 UTILITIES 977.26
101-4-4103-4431-000 BUILDING & GROUND MA… 2,419.00
101-4-4401-4206-000 MEDICAL INSURANCE 151.00
101-4-4401-4309-000 OTHER CONTRACTUAL SE… 10,750.00
101-4-4401-4520-000 MTGS/CONF./TRNG & DE… 50.00
101-4-4401-4521-000 MEMBERSHIP & DUES 125.00
101-4-4401-4532-000 SPECIAL PROJECTS 45.00
101-4-4402-4751-000 C.S-BUILDING 40,428.00
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 8,663.38
101-4-4501-4471-000 RENT 1,035.00
101-4-4501-4520-000 MTGS/CONF/TRNG & DEV 650.00
101-4-4501-4612-000 OPERATING SUPPLIES 120.72
101-4-4501-4701-000 NPDES 14,968.44
101-4-4501-4702-000 AB939-SOLID WASTE 7,756.30
101-4-4501-4741-000 C.S-CITY ENGINEERING 997.60
101-4-4503-4771-000 C.S-STREET MAINTENANCE 27,141.79
101-4-5101-4308-000 LAW ENFORCEMENT 818,314.17
101-4-5102-4462-000 EQUIP MAINT-800MHZ M… 69.50
101-4-5102-4511-000 COMMUNICATION 45.33
101-4-5102-4516-000 FUEL 1,601.59
101-4-5102-4517-000 VEHICLE MAINTENANCE 2,988.26
101-4-5102-4612-000 OPERATING SUPPLIES 232.51
101-4-5102-4721-000 C.S-CROSSING GUARDS 58,860.42
101-4-5103-4471-000 RENT 25.00
101-4-5103-4612-000 OPERATING SUPPLIES 34.88
101-4-5301-4722-000 C.S-ANIMAL CARE SERVIC… 115,759.09
101-4-5401-4612-000 OPERATING SUPPLIES 274.97
102-4-3501-4411-000 UTILITIES 6,387.98
102-4-3501-4431-000 BUILDING & GROUND MA… 15,036.37
103-4-4105-4305-000 TECHNOLOGY SERVICES 5,454.41
103-4-4105-4309-000 OTHER CONTRACTUAL SE… 5,774.60
103-4-4105-4411-000 UTILITIES 1,207.27
103-4-4105-4431-000 BUILDING & GROUND MA… 11,453.41
103-4-4105-4451-000 FARM OPERATING EXPEN… 1,462.35
103-4-4105-4511-000 COMMUNICATION 221.56
103-4-4105-4561-000 TAXES/FEES/PERMITS 413.62
103-4-4105-4570-000 CITY CAMP EXPENSE 1,350.02
103-4-4105-4601-000 SUPPLIES 597.01
103-4-4105-4612-000 OPERATING SUPPLIES 42.34
203-4-4502-4301-000 PROFESSIONAL SERVICES 2,910.00
32 Accounts Payable Payable Dates: 04/28/2023 - 05/25/2023 5/23/2023 9:28:40 AM Page 12 of 12
Account Summary
Payment AmountAccount Number Account Name
203-4-4503-4411-000 UTILITIES 25,039.46
203-4-4503-4771-000 C.S-STREET MAINTENANCE 47,118.78
203-4-4503-4772-000 C.S-STREET SWEEPING 8,668.66
204-4-6104-4309-000 OTHER CONTRACTUAL SE… 2,562.00
215-4-5102-4803-000 PUBLIC SAFETY EQUIPME… 14,653.26
225-4-6125-4309-000 OTHER CONTRACTUAL SE… 417.60
241-4-6141-4481-000 IT/COMPUTER EQUIPME… 2,550.00
251-4-6131-4309-000 OTHER CONTRACTUAL SE… 6,014.96
261-2103-000 RETENTIONS PAYABLE -1,208.30
261-4-6161-7301-000 COST OF F&B 33.98
261-4-6161-7401-000 EQUIPMENT MAINTENAN… 2,424.31
261-4-6161-7411-000 UTILITIES 7,581.43
261-4-6161-7421-000 BUILDING & GROUND MA… 3,063.77
261-4-6161-7425-000 POOL MAINTENANCE 2,008.11
261-4-6161-7431-000 SUPPLIES 181.95
261-4-6161-7433-000 OPERATING SUPPLIES 9,259.77
261-4-6161-7440-000 METINGS/CONFERENCES/… 219.51
261-4-6161-7445-000 FEES & PERMITS 476.24
261-4-6161-7451-000 MANAGEMENT FEES 12,083.00
311-4-8301-5501-000 DESIGN 1,873.62
331-4-8701-5910-000 IMPROVEMENTS 5,879.42
741-2103-000 RETENTIONS PAYABLE -3,246.80
741-4-4105-4451-000 AV FARM OPERATING EXP… 32,468.00
Grand Total: 1,677,390.96
Project Account Summary
Payment AmountProject Account Key
**None** 1,627,951.23
0014701 14,968.44
0575910 5,879.42
10004309 6,014.96
1285501 1,873.62
8994761 8,663.38
9024612 108.63
9264520 497.33
9294520 1,372.33
9304520 410.72
9974570 1,350.02
ENG 2230 100.75
ENG 2241 100.75
ENG 2243 375.27
ENG 2247 75.56
ENG 2250 756.11
ENG 2251 250.18
ENG 2253 437.82
ENG 5003 151.13
ENG 5004 2,468.37
ENG 5005 251.88
ENG 5049 705.25
ENG 5064 302.25
ENG 5067 75.56
SDP-2022-0004 2,250.00
Grand Total: 1,677,390.96
33 City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/City Treasurer SUBJECT: TREASURER’S STATEMENT – APRIL 2023
Recommended Action:
Receive and file the April 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. April 2023 Treasurer’s Statement
34 TREASURER'S MONTHLY CASH STATEMENT
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 2,373,472.20 $ 3,683,548.45 $ 3,293,463.97 $ - $ 2,763,556.68$ TCRF 68,861.61 $ 68,861.61
GAS TAX FUND 793,590.04 $ 90,057.53 63,996.54 819,651.03 MEASURE M 794,085.53 $ 2,534.00 791,551.53 SB1-RMRA 176,884.81 $ 97,874.33 274,759.14 PUBLIC SAFETY GRANTS 212,823.00 $ 1,885.83 7,947.26 206,761.57 (1) AIR QUALITY IMPRVMNT FD 1,177,144.78$ 1,177,144.78 INTEGRATED WASTE MGMT FD 82,343.11$ 12,968.00 95,311.11 OTHER GRANTS (154,028.55) $ (154,028.55)
TECHNOLOGY GRANT 275,711.53 $ 5,415.14 270,296.39 DEVELOPMENT IMPACT 1,350,323.88 $ 1,000.00 1,349,323.88 FEDERAL GRANTS (32,551.92) $ 31,639.13 14,016.04 (14,928.83) CITY FACILITY - AV CTR 179,758.92 $ 179,758.92 CITY FACILITY - AQUATIC CTR (137,885.50)$ 73,613.35 85,571.18 (149,843.33) STREET IMPROVEMENTS 119,154.69 $ 5,782.50 116,813.00 8,124.19 (2) CAPITAL IMPROVEMENTS - $ - (2) STORM WATER 505.34 $ 505.34 (2) COP CAPITAL - $ - (2) COP (6,264.94) $ 202,602.35 204,807.49 (8,470.08) AV RANCH FOUNDATION 100.00 $ 100.00
CFD 2005-01 (3,343.00) $ 795,477.01 798,390.46 (6,256.45) RENEWABLE FARMS 41,575.02 $ 34,381.50 19,135.50 56,821.02 COMMUNITY TRUST 7,540.68 $ 7,540.68
TOTALS 7,319,801.23 $ 5,029,829.98 $ 4,613,090.58 $ - $ 7,736,540.63$ SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT 2,035,141.24 $
SAVINGS ACCOUNT: MONEY MARKET 25,876.48 $
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 5,675,522.91 $
TOTAL CASH 7,736,540.63 $
Years to Maturity for April 2023 1.54
Weighted Average Yield for April 2023 3.220%
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. 36,305,488.35$ Cash With Fiscal Agent COPS/CFD 2005-01 4,780,434.19
Cash With Investment Advisor City Investments 28,874,247.65 AV Center 2,440,195.42
PR Account 207,852.71
Petty Cash 2,758.38
GRAND TOTAL OF CITY FUNDS 44,042,028.98 $
(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 City Hall, AV Ranch, and other city facilities.
Storm Water includes the Dairy Fork and Wood Canyon Emergent Wetland Project.
CITY OF ALISO VIEJO
April 30, 2023
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41 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
April 2023 Statement
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
4/11/2023 4/11/2023 RW 1725842 1686200 ANN EIFERT -250,000.00 4/14/2023 4/13/2023 QRD 1727960 N/A SYSTEM 38,982.74
4/25/2023 4/25/2023 RD 1728738 1689093 ANN EIFERT 500,000.00 Account Summary
Total Deposit: 538,982.74 Beginning Balance: 5,386,540.17 Total Withdrawal: -250,000.00 Ending Balance: 5,675,522.91 42 April 2.870
March 2.831
February 2.624
PMIA Quarter to Date(1): 2.63
275PMIA Average Life(1):
2.74LAIF Apportionment Rate(2):
0.00007493902135155
0.986510329
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 2.87
Treasuries
64.15%
Agencies
21.72%
Certificates of
Deposit/Bank Notes
6.48%
Time
Deposits
2.74%
Commercial
Paper
4.47%
Corporate
Bonds
0.24%
Loans
0.20%
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 05/10/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 03/31/23
Chart does not include $3,085,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
03/31/23
$191.2 billion
43 City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/City Treasurer
SUBJECT: APPROPRIATIONS LIMIT – FISCAL YEAR 2023-24
Recommended Action:
Adopt a Resolution establishing the appropriations limit for Fiscal Year (FY) 2023-24 at $56,164,572.
Fiscal Impact:
None.
Background:
Pursuant to Article XIIIB of the California Constitution, the City must compute an annual appropriations limit (known as the Gann Limit), which places a ceiling on the total amount of tax revenues the City can appropriate annually. The limit is adjusted each year using the following factors: 1) the percentage change in California Per Capita Income, or the percentage change in the City’s local assessment roll due to new non-residential construction, whichever is greater; and 2) the percentage change in the Citywide, or Countywide population, whichever is greater. As required by Government Code Section 7910, the City Council is being asked to formally adopt by resolution the Appropriations Limit for FY 2023-24.
Discussion:
The California per capita personal income percentage change as provided by the Department of Finance is 4.44% for FY 2023-24. The percentage change in the local assessment roll from the preceding year for the City due to the addition of local non- residential new construction is 5.15%. Section 7901 of the Government Code allows entities to use either the population increase within the City or the increase within the County. This year the estimated population change for the City was negative 0.49% and the County was negative 0.46%.
44
It is recommended that the City Council adopt the percentage change in the County population and the percentage change in the local assessment roll due to the addition of non-residential new construction for use in the adjustment of the Appropriations Limit for FY 2023-24.
Based on the factors above, the appropriations limit for FY 2023-24 is $56,164,572 and the budget subject to the limit is $16,182,063; therefore, the City is in compliance with Government Code requirements. For FY 2023-24, the City will be utilizing 28.8% of its appropriations limit.
Attachments:
1. Resolution
2. GANN Limit Calculation
45
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT (GANN) FOR FISCAL YEAR 2023-24 FOR THE CITY OF ALISO VIEJO WHEREAS, Article X111B of the Constitution of the State of California (enacted with the passage of Proposition 4 in 1979 and modified with the passage of Proposition 111 in 1990), provides that the total annual appropriations limit of such entity for the prior year be adjusted for the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction or the percentage change in the California Per Capita Income and population except as otherwise specifically provided for in said Article; and
WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article X111B at a regularly scheduled meeting or a noticed special meeting. Prior to such meeting, documentation used in the determination of the appropriation limit shall be available to the public; and WHEREAS, Proposition 111 as approved by the voters of the State of California, revised the method for calculating the Gann Spending Limit. It also requires a recorded vote of the City Council regarding which of the annual adjustment factors have been selected each year; and
WHEREAS, the County of Orange, Local Agency Formation Commission (LAFCO), established the appropriations limit for the newly incorporated City; and WHEREAS, the City Council of the City of Aliso Viejo wishes to establish the appropriation limit for Fiscal Year 2023-24 for the City of Aliso Viejo.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
Section 1. That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the City of Aliso Viejo for Fiscal Year 2023-2024 was available to the public in City offices of said City at least fifteen days prior to this date.
Section 2. That pursuant to the provisions of Section 56812(b) of the California Government Code, a measure concerning the establishment of the permanent appropriations limit for the City of Aliso Viejo was submitted and approved at the General Municipal election held in the City of Aliso Viejo on November 2, 2004.
Section 3. That the factors recommended are the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential 46
new construction in the amount of 5.15% and the percentage change in the population growth for the County in the amount of -0.46%.
Section 4. That the Appropriations Limit for the City of Aliso Viejo is established in accordance with the California Government Code and is $56,164,572.
Section 5. That the Mayor of the City of Aliso Viejo shall sign and the City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of June 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 47
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 7th day of June, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
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City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: David A. Doyle, City Manager
SUBJECT: AGREEMENTS FOR FY 2023-24 LAW ENFORCEMENT SERVICES AND
CROSSING GUARD SERVICES
Recommended Actions:
1. Authorize the City Manager to execute the agreement with the County of Orange for FY 2023-24 law enforcement services; and
2. Authorize the City Manager to execute the agreement with All City Management Services, Inc. for school crossing guard services.
Fiscal Impact:
The cost for the agreement with the County of Orange for FY 2023-24 law enforcement services is $9,864,061; however, the FY 2023-24 budget includes $300,000 in anticipated cost reductions for the freezing of one motor officer position. This amount does not include the upcoming Sheriff’s Department new labor contract, which may include increases in salary and overhead costs. Additional funds may need to be appropriated when the County provides adjusted contract costs if negotiations are completed in the next fiscal year.
The cost for the crossing guard services agreement is $256,266 for a one-year term beginning July 1, 2023 and ending June 30, 2024. This is an increase of $15,235 or 6.3% primarily due to an increase in wages for the crossing guards compared to the prior year.
Funds for crossing guard services are included in the FY 2023-24 budget.
Background:
The City of Aliso Viejo has contracted with the County of Orange for the Sheriff-Coroner to provide law enforcement services since 2001. Over the past few years, the City has decreased staffing by ½ an investigator resulting in shared cost and case load with the City of Laguna Woods. The School Resource Officer is a shared annual cost with the City of Laguna Niguel and the Supervisors are a shared resource with the Cities of Laguna Hills and Laguna Woods, with each paying a third for four patrol supervisor positions. 58
Discussion:
Law Enforcement Services Agreement
The cost of the agreement includes equipment costs, overhead, and salary and benefit costs for the staffing levels provided below.
Staff FY 2022-23 FY 2023-24
Captain 1 1
Administrative Sergeant 1 1
Patrol Sergeants 1.33 1.33
Investigators 1.5 1.5
Patrol Deputies (DSII) 14 14
School Resource Officer .65 .65
Motorcycle Deputies* 2 2
Directed Enforcement Deputy (DSII) 1 1
Sworn Compliment 22.48 22.48
Community Service Officer 2 2
Emergency Manager 1 1
Non-Sworn 3 3
*Contract cost include 2 motor officer positions, however, 1 position is anticipated to be frozen in FY 2023-24.
Crossing Guard Agreement
The City of Aliso Viejo has used All City Management Services (“All City”) as the crossing guard vendor for the past 20 years. Staff has been pleased with All City. All City, which also performs crossing guard services in other South County cities, provides Aliso Viejo with 10 crossing guards per school day.
The cost increase over FY 2022-2023 is due to increased costs in most segments of this business, especially related to All City attracting and retaining qualified individuals for their Crossing Guard Program. Staff will continue to monitor key crossings throughout the community and report back to the City Council if changes in coverage are warranted.
Attachments:
1. Law Enforcement Services Agreement
2. Cost Spreadsheet
3. Crossing Guard Services Agreement
59
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AGREEMENT
BETWEEN THE
CITY OF ALISO VIEJO
AND THE
COUNTY OF ORANGE
THIS AGREEMENT is entered into this First day of June 2023, which date is enumerated for purposes of refe rence only, by and between the CITY OF ALISO VIEJO, hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”.
RECITALS:
WHEREAS, CITY wishes to contract with COUNTY for law enforcement services; and
WHEREAS, COUNTY is agreeable to the rendering of such services, as authorized in Government Code Sect ions 51301 and 55632, on the terms and conditions hereinafter set forth,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS
S E C T I O N P A G E
A. TERM…………. ........................................................................................ 3 B. OPTIONAL TERMINATION OR EXTENSION .......................................... 3 C. REGULAR SERVICES BY COUNTY ........................................................ 3 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY ............... 6 E. BODY WORN CAMERA AND IN CAR VIDEO ......................................... 9 F. LICENSING SERVICES BY CITY ........................................................... 10 G. PAYMENT ............................................................................................... 10 H. NOTICES ................................................................................................ 13 I. STATUS OF COUNTY ............................................................................ 14 J. STATE AUDIT ........................................................................................ 14 K. ALTERATION OF TERMS ...................................................................... 15 L. INDEMNIFICATION ................................................................................ 15 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM ............................. 16 N. MOBILE DATA COMPUTERS ................................................................ 19 O. E-CITATION UNITS ................................................................................ 20 SIGNATURE PAGE....................................................................................... 22 Attachment A: Regular Services by County
Attachment B: City Ordinances
Attachment C: Payment
Attachment D: County Billing Policy
Attachment E: Forfeited and Seized Asset Policy
Attachment F: TVAP Resolution
Attachment G: TVAP Form
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A. TERM :
The term of this Agreement shall co mmence July 1, 2023 and terminate June 30, 2024 unless earlier terminated by either party or extended in the manner set forth herein.
B. OPTIONAL TERMINATION OR EXTENSION:
1. COUNTY or CITY may terminate this Agreement, without cause, upon one- hundred and eighty (180) days written notice to the other party.
2. If COUNTY and CITY have not entered into a written agreement by June 30, 2024 for COUNTY to provide to CITY, during all or part of the period between July 1, 2024 and June 30, 2025, law enforcement services similar to those specified herein, then SHERIFF, on behalf of COUNTY, and CITY’s Manager, on behalf of CITY, are authorized to execute a written amendment to this Agre ement that provides as follows and does not materially alter other terms of the Agreement: SHERIFF shall continue to provide to CITY all or a designated part of the law enforcement services specified herein, for a specified time period between July 1, 2024 and August 31, 2024, and CITY shall pay COUNTY the full costs of providing such services. Such full costs may be greater than those listed herein for the period July 1, 2023 through J une 30, 2024. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk.
C. REGULAR SERVICES BY COUNTY:
1. COUNTY, through its Sheriff-Coroner and deputies, officers and employees, hereinafter referred to as “SHERIFF”, shall render to CITY law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of CITY other than licensing ordinances.
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C. REGULAR SERVICES BY COUNTY: (Continued)
2. The night, day and evening patrol and supervisory shifts will be established by SHERIFF. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of SHERIFF and CITY Manager, the need arises. Any long-term shift deployment change will be reported to the CITY’s Council.
3. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2023 through June 30, 2024, is set forth in Attachment A.
4. For any service listed in Attachment A of this Agreement that is provided to CITY at less than 100% of a full-tim e SHERIFF position, COUNTY retains the option to terminate such service in the event the other city or cities that contract(s) for the balance of the time of the employee providing the service no longer pay(s) for such service and CI TY does not request the Agreement be amended to provide for payment of 100% of the cost of the employee providing such service. The Maximum Obligation of CITY set forth in Subsection G-2 will be adjusted accordingly.
5. All services contracted for in this Agreement may not be operational on the precise date specified in this Agreem ent. In those instances, SHERIFF shall notify CITY Manager of the date or dates such service or services are to be implemented. COUNTY shall reduce the monthly charges to CITY, based on the actual date of implementation of the service or services. Charges shall be reduced on the next monthly billing tendered in accordance with Subsection G-3 of this Agreement.
6. During emergencies, such as mutual a id situations, SHERIFF will attempt to leave in CITY the Captain in charge of CITY Police Services. If SHERIFF determines that the Captain is needed elsewhere, SHERIFF will notify CITY’s Manager within four (4) hours. SHERIFF will return the Captain to 63
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C. REGULAR SERVICES BY COUNTY: (Continued)
CITY as soon as possible once the emergency situation is under control.
7. With respect to the licensing ordinanc es of CITY listed in Attachment B, SHERIFF shall receive applications for CITY licenses pursuant to said ordinances and complete investigations relating to such applications. Said investigations shall be forwarded to CITY Manager. COUNTY shall not provide any advisory, administrative, hear ing or litigation attorney support or services related to licensing. COUN TY shall not provide any administrative or investigatory services related to the licensing ordinances listed in Attachment B, except the investigations relating to initial applications for which this subsection provides.
8. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment A, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate. Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment C, and the Maximum Obligation of CITY set forth in Subsection G-2, in accordance with the cur rent year’s COUNTY law enforcement cost study. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk. Except for costs related to Sections G-4a and G-4b, changes to this Agreement executed by SHERIFF and CITY M anager may not, in the aggregate, increase or decrease the cost of services payable by CITY by more than one percent (1%) of the total cost orig inally set forth in Attachment C and the Maximum Obligation originally set forth in Subsection G-2.
Except for changes under Sections G-4a and G-4b, prior approval by 64
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C. REGULAR SERVICES BY COUNTY: (Continued)
COUNTY’s Board of Supervisors and CITY’s Council is required before execution of any amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1%) of the total cost originally set forth in Attachment C and the Maximum Obligation originally set forth in Subsection G-2 of this Agreement.
D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:
1. Enhanced services for events on CITY property. At the request of CITY, through its City Manager, SHERIFF may provide enhanced law enforcement services for functions, such as co mmunity events, conducted on property that is owned, leased or operated by CITY. SHERIFF shall determine personnel and equipment needed for such enhanced services. To the extent the services provided at such events are at a level greater than that specified in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services, at an amount computed by SHERIFF, based on the current year's COUNTY law enforcem ent cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Ag reement. SHERIFF shall bill CITY immediately after each such event.
2. Supplemental services for occasional events operated by private individuals and entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-2, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurren ces that occur on an occasional basis and are operated by private indiv iduals or private entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing the normal and regular 65
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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) ongoing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between COUNTY and the bargaining unit representing the peace officers providing the services. Such supplemental services shall include only law enfo rcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limit ed to, clerical functions and forensic science services, may be performed by non-peace officer personnel if the services do not involve patrol or keep ing the peace and are incidental to the provision of law enforcement services. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.
3. Supplemental services for events operated by public entities on non-CITY property. At the request of CITY, th rough its City Manager, and within the limitations set forth in this S ubsection D-3, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. CITY shall reimburse COUNTY its full, actual costs of 66
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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) providing such supplemental services at an amount computed by SHERIFF, based on the
current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addit ion to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.
4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of SHERIFF at events, for which CITY issues permits, that are operated by private individuals or entit ies or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of servic es listed in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year’s COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY im mediately after said services are rendered.
5. In accordance with Governm ent Code Section 51350, COUNTY has adopted Board Resolution 89-1160 whic h identifies Countywide services, including but not limited to helicopter response. SHERIFF through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the cost of services set forth in Attachment C and in the Maximum Obligation of CITY set forth in Subsection G-2. COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Attachment C and in the Maximum Obligation set forth in Subsection G-2 has been established without written notification to the CITY. 67
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E. BODY WORN CAMERA AND IN CAR VIDEO:
1. As part of the law enforcement serv ices to be provided to CITY, COUNTY has provided, or will provide, body worn cameras (hereinafter called “BWC”) that will be worn by SHERIFF’S perso nnel and In Car Video (hereinafter called “ICV”) that will be mounted in vehicles designated by SHERIFF for use within CITY service area.
2. SHERIFF has the exclusive right to use said BWC and ICV for law enforcement services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of BWC and the acquisition and installation of ICV and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replac ement and upgrade of such BWC and ICV when they become functionally or technologically obsolete.
The costs to be paid by CITY for recu rring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in
Subsection G-2 of this Agreement unless.
4. If, following the initial acquisition of BWC and ICV referenced above, CITY requires BWC and ICV for additional SHERIFF’S personnel or vehicles designated for use in the CITY service area, COUNTY will purchase said additional BWC and ICV. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of additional BWC and the full cost of acquisition and installation of addition al ICV, and b) the full recurring costs for said BWC and ICV, as deemed nece ssary by COUNTY, including the costs of maintenance, and contributi ons to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs r elated to additional BWC and ICV are not included in, and are in addition to, the costs set forth in Attachment C 68
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E. BODY WORN CAMERA AND IN CAR VIDEO: (Continued)
and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.
5. COUNTY will replace and/or upgra de BWC and ICV as needed. The costs of replacing/upgrading BWC and ICV shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade BWC and ICV.
F. LICENSING SERVICES BY CITY:
Upon receipt from COUNTY of investigations of applications for licenses referred to in Subsection C-7 of this Ag reement, CITY Manager shall determine whether to grant or deny the licenses and will issue the licenses or notify the applicants of denial. CITY shall provide all attorney services related to the granting, denial, revocation and adminis tration of said licenses and the enforcement of CITY ordinances pertaining to said licenses.
G. PAYMENT:
1. Pursuant to Government Code Sect ion 51350, CITY agrees to pay to COUNTY the full costs of performing the services mutually agreed upon in this Agreement. The costs of servic es include salaries, wages, benefits, mileage, services, supplies, eq uipment, and divisional, departmental and COUNTY General overhead.
2. Unless the level of service set fort h in Attachment A is increased or decreased pursuant to mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-4, the Maximum Obligation of CITY for full cost of services, other than Licensing Services, set forth in Attachment A of this Agreement, to be provided by the COUNTY for the period July 1, 2023 through June 30, 2024, shall be $9,864,061 as set forth in Attachment C.
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G. PAYMENT: (Continued)
The overtime costs included in the Agreement are only an estimate.
SHERIFF shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY’s Maximum Obligation.
3. COUNTY shall invoice CITY mont hly. During the period July 1, 2023 through June 30, 2024, said invoices will require payment by CITY of one- twelfth (1/12) of the Maximum Obligati on of CITY set forth in Subsection G-2 of this Agreement, as said Maximum Obligation may have been increased or decreased pursuant to mutual agreement of the parties. In addition, if a determination is made that increases described in Subsection G-4 must be paid, COUNTY thereafter shall incl ude the pro-rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2023 and June 30, 2024.
4a. At the time this Agreement is ex ecuted, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potenti al changes are not included in the Fiscal Year 2023-24 costs set forth in At tachment C nor in the Fiscal Year 2023-24 Maximum Obligation of City set forth in Subsection G-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-2 of this Agreement, the full costs of said increases to the extent such increases are attributab le to work performed by such personnel after July 1, 2023 , and CITY’s Maximum Obligation her eunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for 70
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G. PAYMENT: (Continued)
such increases on a pro-rata basis over the portion of the period between July 1, 2023 and June 30, 2024 remaining after COUNTY notifies CITY that increases are payable. If the
changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the ex tent such decreases are attributable to work performed by such personnel during the period July 1, 2023 through June 30, 2024, and CITY’s Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2023 and June 30, 2024 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. 4b. If CITY is required to pay for increases as set forth in Subsection G-4a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY as set forth in Attachment A of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2023 through June 30, 2024 an amount specified by CITY that is equivalent to or higher or lower than the Maximum Obligation set forth in Subsection G-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing, pursuant to Subsection C-8. Decisions about how to reduce the level of service provide d to CITY shall be made by SHERIFF 71
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G. PAYMENT: (Continued)
with the approval of CITY.
5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, Attachment D.
6. COUNTY shall charge CITY late payment penalties in accordance with County Billing Policy.
7. As payment for the Licensing Servic es described in Subsection C-7 of this Agreement, COUNTY shall retain all f ees paid by applicants for licenses pursuant to CITY ordinances listed in Attachment B hereto. Retention of said fees by COUNTY shall constitute payment in full to COUNTY for costs incurred by COUNTY in performing the functions related to licensing described in Subsection C-7; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were set forth in the ordinances listed in Attachment B at the time this Agreement was executed. If CITY increases the fee schedule for the licensing ordinances set forth in Attachment B, either par ty shall have the right to seek amendment of this Agreement with resp ect to the division of the increased fees between CITY and COUNTY.
8. Fees generated or collected by SH ERIFF contract personnel for copying of documents related to the services pr ovided in this Agreement will be at COUNTY established rates and will be credited to CITY on an annual basis.
9. Narcotic asset forfeitures will be handled pursuant to Attachment E.
H. NOTICES:
1. Except for the notices provided for in S ubsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:
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CITY: ATTN: CITY MANAGER
12 JOURNEY, SUITE #100
ALISO VIEJO, CA 92656 - 5335
COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above.
I. STATUS OF COUNTY:
COUNTY is, and at all times shall be deemed to be, an independent contractor.
Nothing herein contained shall be cons trued as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY’s agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services , standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. COUNTY, its agents and employees shall not be entitled to any rights or priv ileges of CITY employees and shall not be considered in any manner to be CITY employees.
J. STATE AUDIT:
Pursuant to Government Code Secti on 8546.7, CITY and COUNTY shall be subject to examination and audit by the St ate Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period, except that those records pertaining to any audit then in progress, or to any claims or liti gation, shall be retained beyond said three- year period, until final resolution of said audit, claim or litigation. 73
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K. ALTERATION OF TERMS:
This Agreement is comprised of this documents and Attachments A through G, which are attached hereto and incorpora ted-herein by reference. This Agreement fully expresses all understanding of CITY and COUNTY with respect to the subject
K. ALTERATION OF TERMS: (Continued)
matter of this Agreement and shall cons titute the total Ag reement between the parties for these purposes. No addition to , or alteration of, the terms of this Agreement, unless expressly provided herein, shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.
L. INDEMNIFICATION:
1. COUNTY, its officers, agents, em ployees, subcontractors and independent contractors shall not be deemed to hav e assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public stre et, work or property of CITY, or for any illegality or unconstitutionalit y of CITY’s municipal ordinances. CITY shall indemnify and hold harmless CO UNTY, and its elected and appointed officials, officers, agents, emp loyees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street, work or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omission of CITY, or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by CITY and used by COUNTY
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L. INDEMNIFICATION: (Continued)
personnel in the performance of this Ag reement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents, emp loyees, subcontractors and independent contractors in any legal action or c laim of any kind based upon or asserted upon such condition of public street, work or property, or illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent acti ve negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment .
2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or om ission of COUNTY or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense, including attorney fees, and with counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or c laim of any kind based or asserted upon such alleged acts or omissions.
M. TRAFFIC VIOLATOR APPREHENSION PROGRAM:
1. COU NTY has established a Traffic Viola tor Apprehension Program [“the Program”], which is operated by SHERIFF, and is designed to reduce 75
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporate d areas of the COUNTY and in the cities that contract with COUNTY for SHERIFF’s law enforcement services, without regard to jurisdictional boun daries, because an area-wide approach to reduction of traffic accidents and dr iver education is most effective in preventing traffic accidents. In order fo r CITY to participate in the Program, CITY has adopted fees pursuant to V ehicle Code Section 22850.5, in the same amount as approved by COUNTY, as se t forth in the resolution that is Attachment F [hereinafter called a “TVAP resolution”], and has directed that the revenue from such fee be used for th e Program. CITY’s participation in the Program may be terminated at any time by rescission or amendment of its TVAP resolution. In the event CI TY 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new resolution TVAP pertaining to the above-referenced fees and the Pr ogram, and 2) remains a participant in the Program thereafter, CITY’s Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have authority to execute an amendment of this Agreement to substitute CI TY’s amended or new TVAP resolution for Attachment F to the Agreement, as long as said amendment to this Agreement does not materially chang e any other provision of this Agreement. As COUNTY updates its fees for the program periodically.
COUNTY will provide written notice to CITY of the updated fees. CITY’S participation in the Program will termina te if CITY determines not to adopt the updated fees for the Program.
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
2. COUNTY will make available for rev iew, at the request of CITY, all financial data related to the Program as may be requested by CITY.
3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program:
x Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
x One (1) Staff Specialist
(80 hours per two-week pay period)
x One (1) Office Specialist
(80 hours per two-week pay period)
4. Fee revenue generated by CITY may be used to reimburse CITY for expenditures for equipment and/or suppl ies directly in support of the Program. In order for an expenditure fo r equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain pre- approval of the expenditure by using the form as shown in Attachment G.
The request shall be submitted with in the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by CI TY’s fee, to pay for the requested purchase, and 2) CITY will use the eq uipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase. In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will cont inue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY’s TVAP resolution in effect at the time of purchase.
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
5. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to conti nue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY’s share of Program services rendered. In the event of a reduction in level of Pr ogram service, termination of Program service or adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decision s about how to reduce the level of Program service provided to CITY shall be made by SHERIFF with the approval of CITY.
N. MOBILE DATA COMPUTERS:
1. As part of the law enforcement se rvices to be provided to CITY, COUNTY has provided, or will provide, mobi le data computers (hereinafter called “MDCs”) that are or will be mounted in patrol vehicles and motorcycles, designated by COUNTY for use within CITY limits.
2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDC’s when they become functionally 78
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N. MOBILE DATA COMPUTERS: (Continued)
or technologically obsolete.
The costs to be paid by CITY for recu rring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. .
4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars or mo torcycles designated for use in the CITY, or for CITY’s Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the
full costs of acquisition and installation of said additional MDCs, and b) the full recurring costs for said MDCs , as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addi tion to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in
Subsection G-2 of this Agreement.
5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade MDCs.
O. E-CITATION UNITS:
1. As part of the law enforcement serv ices to be provided to CITY, COUNTY has provided, or will provide, E-Cita tion units designated by COUNTY for use within CITY limits.
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O. E-CITATION UNITS: (Continued)
2. SHERIFF has the exclusive right to use said E-Citation units for law enforcement services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete.
The costs to be paid by CITY for recu rring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless.
4. If, following the initial acquisition of E-Citation units referenced above, CITY requires additional E-Citation units designated for use in CITY, COUNTY will purchase said additional E-Citation uni ts. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E- Citation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or te chnologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.
5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade E-Citation units.
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IN WITNESS WHEREOF , the parties have executed the AGREEMENT in the County of Orange, State of California.
DATED:_________________________
CITY OF ALISO VIEJO
ATTEST:______________________
City Clerk
BY:_____________________________
Mayor
APPROVED AS TO FORM:
BY:_____________________________
C i t y A t t o r n e y
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DATED:________________________
COUNTY OF ORANGE
BY:__________________________________
Chairman of the Board of Supervisors
County of Orange, California
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535
Attest:
_______________________________
Robin Stieler
Clerk of the Board
County of Orange, California APPROVED AS TO FORM:
Office of the County Counsel
County of Orange, California
BY:____________________________
D e p u t y
DATED:________________________ 5/10/23
Annie Loo
Digitally signed by Annie Loo
DN: cn=Annie Loo, o=County Counsel, ou,
[email protected], c=US
Date: 2023.05.10 14:53:46 -07'00'
81 ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF:
Title Detail Quantity Frequency
MANAGEMENT:
Captain 1.00
SUPERVISION:
Sergeant Administrative 1.00 80 hrs./ per two wk. pay period Sergeant Patrol 1.00 80 hrs./ per two wk. pay period
Sergeant (shared) Patrol 0.33 26.40 hrs./ per two wk. pay period INVESTIGATION SERVICES:
Investigator 1.00 80 hrs./ per two wk. pay period
Investigator (shared) 0.50 40 hrs./ per two wk. pay period PATROL AND TRAFFIC SERVICES*:
Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor Traffic 2.00 each, 80 hrs./ per two wk. pay period ADDITIONAL SERVICES:
Community Services Officer Parking Control 2.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II (shared) School Resource Officer 0.65 52 hrs./ per two wk. pay period Sr. Emerg. Mgmt. Prog. Coord. 1.00 80 hrs./ per two wk. pay period TOTAL 25.48
* Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation
TRAFFIC:
Sergeant Traffic 0.60 5.67%
Deputy Sheriff II Traffic 4.00 5.67%
Investigative Assistant Traffic 2.00 5.67%
Office Specialist Traffic 1.00 5.67%
AUTO THEFT:
Sergeant Auto Theft 0.30 4.29%
Investigator Auto Theft 2.00 4.29%
Investigative Assistant Auto Theft 1.00 4.29%
Office Specialist Auto Theft 1.00 4.29%
DET:
Sergeant DET 1.00 9.64%
Investigator DET 1.00 9.64%
COURTS:
Investigative Assistant Courts 2.00 7.47%
MOTORCYCLE (shared Supervision):
Sergeant Motorcycle Supervision 1.00 7.55%
TOTAL 16.90
"REGULAR SERVICES BY COUNTY"
(Subsection C-3)
CITY OF ALISO VIEJO
ORANGE COUNTY SHERIFF-CORONER
FY 2023-24 LAW ENFORCEMENT CONTRACT
05/09/17
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ATTACHMENT B
CITY OF ALISO VIEJO
ORDINANCE NO. 2010-126
LICENSING
ADULT BUSINESS ENTERTAINER PERMIT INCLUDES DANCE INSTRUCTOR (NUDE), DANCE STUDIO (NUDE), FIGURE MODEL (NUDE), FIGURE MODEL
STUDIO (NUDE), INTERLOCUTRIX (NUDE), INTRODUCTORY SERVICE, AND
RAP SESSION (NUDE)
BINGO GAME
CANVASSER/SOLICITOR
ESCORT SERVICES
JUNK COLLECTOR
JUNK DEALER
MASSAGE ESTABLISHMENT (Includes FBI fees)
MASSAGE PRACTITIONER/TECHNICIAN (Includes FBI fees)
PEDDLER
POOL ROOM
PUBLIC DANCE
RETAIL SALE OF FIREARMS/GUN DEALER
SECONDHAND DEALER (PAWNBROKER)
SECURITY SYSTEM
TAXICAB STAND
83 ATTACHMENT C
COST OF SERVICES PROVIDED BY SHERIFF (Subsection G-2):
Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:
Captain 1.00 433,756$ 433,756$
SUPERVISION:
Sergeant Administrative 1.00 359,633$ 359,633$ Sergeant Patrol 1.00 359,632$ 359,632$
Sergeant (shared) Patrol 0.33 359,632$ 118,679$ INVESTIGATION SERVICES:
Investigator 1.00 355,123$ 355,122$
Investigator (shared) 0.50 355,123$ 177,562$ PATROL AND TRAFFIC SERVICES:
Deputy Sheriff II -Patrol Patrol 15.00 299,297$ 4,489,455$ Deputy Sheriff II -Motor Traffic 2.00 304,160$ 608,320$ ADDITIONAL SERVICES:
Community Services Officer Parking Control 2.00 144,284$ 288,568$ Deputy Sheriff II (shared) School Resource Officer 0.65 299,297$ 194,544$ Senior Emerg. Mgmt. Prog. Coord. 1.00 193,123$ 193,123$ TOTAL POSITIONS 25.48 7,578,394$
REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation Cost $
TRAFFIC:
Sergeant Traffic 0.60 5.67% 15,810$
Deputy Sheriff II Traffic 4.00 5.67% 83,072$
Investigative Assistant Traffic 2.00 5.67% 17,835$
Office Specialist Traffic 1.00 5.67% 6,943$
AUTO THEFT:
Sergeant Auto Theft 0.30 4.29% 5,973$
Investigator Auto Theft 2.00 4.29% 29,444$
Investigative Assistant Auto Theft 1.00 4.29% 6,802$
Office Specialist Auto Theft 1.00 4.29% 5,124$
DET:
Sergeant DET 1.00 9.64% 40,448$
Investigator DET 1.00 9.64% 37,513$
COURTS:
Investigative Assistant Courts 2.00 7.47% 22,261$
MOTORCYCLE (shared Supervision):
Sergeant Motorcycle Supervision 1.00 7.55% 30,493$
TOTAL REGIONAL/SHARED 16.90 301,718$
OTHER CHARGES AND CREDITS (Subsection G-2):
OTHER CHARGES:
CREDITS:
TOTAL OTHER CHARGES AND CREDITS 1,983,949$
TOTAL COST OF SERVICES (Subsection G-2) 9,864,061$
ORANGE COUNTY SHERIFF-CORONER
FY 2023-24 LAW ENFORCEMENT CONTRACT
CITY OF ALISO VIEJO
"PAYMENT"
(Subsection G-2)
Credits include: AB109 (2011 Public Safety Realignment); estimated vacancy credits; false alarm fees; reimbursement for training and miscellaneous programs; reimbursement for restitution.
Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; enhanced helicopter response services; E-Citation recurring costs for two (2) units; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for eighteen and thirty-three hundredths (18.33) units; overtime; patrol training cost allocation; premium pay for biligual staff, education incentive pay and on-call; services and supplies; and transportation charges.
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ATTACHMENT D
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services pr ovided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.
Nothing herein shall affect the liability, including pre -judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.
II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.
B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non -recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County o f the materials and/or services.
Examples of such one -time, non -recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing cont aining certain city-requested data. Payment due date shall be invoice date plus 30 days.
B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued accord ing to the following frequency:
1. Annual Billings that total $10,000 or less per 12 -month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12 -month period of the contract, or portions thereof. Invoices shall be is sued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.
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2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12 - month period, shall be billed in qu arterly installments. Quarterly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.
3. Monthly Billings that are greater than $200,000 per 12 -month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each ser vice month.
An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.
IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non -recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.
B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cos t of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not uti lize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.
Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.
V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)
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VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow -up and processing of delinquent notices, incre ased accounting costs, etc.
Late charges will be assessed in the following situations:
Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.
Payments transmitted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.
Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.
The late charge assessed in each of these situations shall be three -quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three -quarters of one percent (0.75%) of said payment shall be added for each additional 30 -day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contractin g entity in accordance with this policy.
VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor - Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non -payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract.
VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one -quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.
If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due.
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IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12 -month period June 1, 19X1 to May 31 , 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor -Controller Agency Accou nting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.
X. COST RECOVERY
All County agencies/department/districts shall include al l costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.
XI. EXISTING CONTRACTS
Billing terms and provisions contain ed in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.
XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district subm its a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto.
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ATTACHMENT E
P
OLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS
BACKGROUND
T
he Orange County Sheriff’s Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff’s Department to contract cities, the following policy is in effect.
CONTRACTED PATROL AND INVESTIGATION OFFICERS
W
hen assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY’s Sheriff Department, hereinafter referred to as “SHERIFF”, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts.
I
n such cases, pursuant to the forfeiting agency’s guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY.
I
n those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services.
I
n those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY’s law enforcement services. This determination will be based on the circumstances of the seizure, including the pro -rata involvement of all personnel, including those assigned to CITY.
E
ach seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY’s manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF’s Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel.
A
ssets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY’s manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency. 89
RESOLUTION NO. 2021- 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AUTHORIZING THE ORANGE COUNTY
SHERIFF’S DEPARTMENT TO COLLECT ITS UPDATED FEE FOR THE
TRAFFIC VIOLATOR APPREHENSION PROGRAM IN THE CITY OF
ALISO VIEJO
WHEREAS, the Orange County Sheriff- Coroner (“ the Sheriff”) has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and parking; and WHEREAS, the Sheriff operates the Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in cities ( such as the City of Aliso Viejo) that contract for the Sheriff’s law enforcement services; and WHEREAS, operating the Traffic Violator Apprehension Program on an area- wide basis without regard to jurisdictional boundaries between the County and contract cities serves the public purpose of the City because drivers routinely cross jurisdictional boundaries, making an area- wide approach to reduction of traffic accidents and driver education most effective in preventing traffic accidents in all participating jurisdictions; and WHEREAS, on March 28, 2000, the Orange County Board of Supervisors adopted Resolution No. 00- 96, which established fees for the Traffic Violator Apprehension Program that are applicable in unincorporated areas of the County. The fees established by County Resolution No. 00-96 address the Sheriff’s administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and WHEREAS, on August 7, 2001, the Aliso Viejo City Council adopted Resolution No. 2001- 046, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County’s fees as set forth in County Resolution No. 00-96; and
WHEREAS, the Board of Supervisors has established an interest- earning, budgeted special revenue fund, called the “Traffic Violator Fund” and designated as Fund 13B, to be controlled by the Sheriff; and
WHEREAS, the Board of Supervisors has directed that proceeds from the Traffic Violator Apprehension Program fees be deposited into the Traffic Violator Fund; and WHEREAS, the Board of Supervisors has directed that funds from the Traffic Violator Fund must be used to reimburse the Sheriff for the administrative costs associated with the removal, storage, impound, and release of vehicles in accordance with the California Vehicle Code (“Vehicle Code”); and
ATTACHMENT F
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WHEREAS, the Sheriff impounds vehicles removed from highways, public property, and private property in the unincorporated areas of the County and in contract cities pursuant to the following authority under the Vehicle Code:
Vehicle Code Section and Impound Ground
14602. 6 Suspended, revoked or unlicensed driver/ 30-day hold 22651 ( a) Unattended vehicle on bridge
22651 ( d) Vehicle blocking driveway
22651 ( e) Vehicle blocking fire hydrant
22651 ( f) Vehicle blocking freeway
22651 ( h) (1) Driver arrested
22651 ( h) (2) Order of suspension or revocation pursuant to section 13388 22651 ( i) (1) Multiple parking citations
22651 ( j) Lack of vehicle registration
22651 ( k) Parking over seventy- two hours
22651 ( l) Parking in a construction zone
22651 ( m) Violation of special events restriction
22651 ( n) No parking zone
22651 ( o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 ( p) Driver unlicensed or license suspended
22651 ( r) Vehicle blocking another vehicle
22651 ( t) Notice to appear/ illegal amber lights
22651 ( u) Acting as a car dealer without a license or temporary permit 22651 ( v) Illegally letting stand a mobile billboard advertisement 22651 ( w) Second or subsequent violation of an ordinance 22655. 3 Removal for investigation ( fleeing in violation of section 2800. 1 or 2800. 2)
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22655. 5 ( a) Vehicle was used as the means of committing a public offense 22655. 5 ( b) Vehicle is evidence of crime
22669 Abandoned vehicle
WHEREAS, Vehicle Code section 22850. 5 authorizes the City Council, by resolution, to establish a fee equal to the administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and
WHEREAS, approximately 20 years have passed since the Board of Supervisors first established the Traffic Violator Apprehension Program fees in County Resolution No. 00- 96; and
WHEREAS, a cost study prepared in 2020 by the Sheriff demonstrated a need to update the County’s Traffic Violator Apprehension Program fees. The Sheriff’s cost study determined that the Sheriff’s administrative costs relating to the removal, impound, storage, or release of vehicles properly impounded under the Vehicle Code is $ 144. 00 per removal; and
WHEREAS, on November 17, 2020, the Board of Supervisors adopted an updated Traffic Violator Apprehension Program fee of $ 144. 00 per removal; and WHEREAS, consistent with the City’s authority under Vehicle Code section 22850. 5, the Sheriff has requested that the City update its Traffic Violator Apprehension fees to match the County’s new fee of $ 144. 00 per removal;
WHEREAS, the City Council desires to update the Traffic Violator Apprehension Program fee to match the County and further desires for the Sheriff to continue to collect the fee on behalf of the City. Continuing with such a practice will ensure that persons whose vehicles are impounded, rather than the public as a whole, will bear the administrative costs of such impounds; and
WHEREAS, Vehicle Code section 22850. 5 imposed the following restrictions on the imposition of this administrative fee:
a) The fee may only be imposed on the registered owner or the agents of that owner and may not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068. 1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs; and b) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner; and c) The charges shall be in addition to any other charges authorized or imposed pursuant to this code; and
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d) The fee does not include any administrative costs associated with conducting a hearing or appeal relating to the removal, impound, storage, or release of a vehicle; and
WHEREAS, in addition to the limitations set forth above, it is also unfair to impose the administrative fee authorized by Vehicle Code section 22850. 5 in the following circumstances: 1) when the vehicle was left because it became inoperable while being drive, if the owner makes good faith attempts promptly to remove the vehicle from location where it is not permitted, 2) when the vehicle was stolen, 3) when the vehicle was left by an ill or injured driver, and 4) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/ her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle; and WHEREAS, a notice of public hearing with respect to the proposed new Traffic Violator Apprehension Program fee provided herein was given according to law; and WHEREAS, a public hearing pertaining to the new Traffic Violator Apprehension Program fee was held on January 7, 2021; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are hereby adopted as findings, as if fully set forth herein.
SECTION 2. The City Council finds that in accordance with the California Environmental Quality Act (“ CEQA”) and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Public Resources Code section 21080 b)(8) and Sections 15061( b)(3) and 15273( a)(1) of Title 14 of the California Code of Regulations because CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, this Resolution does not undertake any project that has the potential for causing a significant effect on the environment as the Resolution simply authorizes the Orange County Sheriff’s Department to collect its updated operating cost- recovery fee for the removal, impoundment, and storage of vehicles for specified Vehicle Code violations.
SECTION 3. That on January 20, 2021, the administrative fee indicated below shall become effective for the removal, impound, storage, or release of vehicles properly impounded after removal from locations in the City in accordance with or on account of provisions of the Vehicle Code listed below:
A fee of $ 144. 00 for each removal of a vehicle in accordance with or on account of violation of Vehicle Code sections:
14602. 6 Suspended, revoked or unlicensed driver/ 30-day hold 93
22651 ( a) Unattended vehicle on bridge
22651 ( d) Vehicle blocking driveway
22651 ( e) Vehicle blocking fire hydrant
22651 ( f) Vehicle blocking freeway
22651 ( h) (1) Driver arrested
22651 ( h) (2) Order of suspension or revocation pursuant to section 13388 22651 ( i) (1) Multiple parking citations
22651 ( j) Lack of vehicle registration
22651 ( k) Parking over seventy- two hours
22651 ( l) Parking in a construction zone
22651 ( m) Violation of special events restriction
22651 ( n) No parking zone
22651 ( o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 ( p) Driver unlicensed or license suspended
22651 ( r) Vehicle blocking another vehicle
22651 ( t) Notice to appear/ illegal amber lights
22651 ( u) Acting as a car dealer without a license or temporary permit 22651 ( v) Illegally letting stand a mobile billboard advertisement 22651 ( w) Second or subsequent violation of an ordinance 22655. 3 Removal for investigation ( fleeing in violation of section 2800. 1 or 2800. 2)
22655. 5 ( a) Vehicle was used as the means of committing a public offense 22655. 5 ( b) Vehicle is evidence of crime
22669 Abandoned vehicle
94
SECTION 4. The Sheriff is authorized to collect the fee established herein, on behalf of the City, at the time of release of vehicles that are subject to the fee.
SECTION 5. The fee established herein shall only be imposed on the registered owner or the agent of the owner of the impounded vehicle, shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068. 1 to 3074, inclusive of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs.
SECTION 6. The fee established herein shall be collected only from the registered owner or an agent of the registered owner and that said fee is in addition to any other charges authorized or imposed pursuant to the Vehicle Code.
SECTION 7. The fee established herein complies with Vehicle Code section 22850. 5 ( b)(4) as the cost study conducted by the Sheriff that supports the $ 144. 00 per removal fee did not include administrative costs for conducting a hearing or appeal related to the removal, impound, storage, or release of a vehicle.
SECTION 8. The Sheriff shall not impose the fee established herein in any of the following circumstances: ( a) when the vehicle was left because it became inoperable while being driven, if the owner made good faith attempts promptly to remove the vehicle from a location where it was not permitted: ( b) when the vehicle was stolen; ( c) when the vehicle was left by an ill or injured drive; or (d) when it is demonstrated to the satisfaction of the Sheriff or his/ her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.
SECTION 9. A registered owner or an agent of a registered owner who believes he/she/ they are exempt from the fee established herein under any of the criteria listed in Section 8 above may apply in writing for a waiver of the fee and shall present such supporting information or documentation, as the Sheriff may request, to the City’s Administrative Sergeant. Upon the presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff, the Administrative Sergeant or his/ her designee shall determine promptly whether the applicant meets the criteria for a waiver of the fee and if so, shall waive the fee.
SECTION 10. Until further order of the City Council, the Sheriff is directed to deposit the proceeds of the fee established herein into Traffic Violator Fund in the County Treasury. Proceeds from the Traffic Violator Fund shall be used in conformance with the County’s restrictions for the same as well as in conformance with any applicable provisions set forth in the City’s agreement with the County for the Sheriff’s law enforcement services.
SECTION 11. Until further order of the City Council, the Board of Supervisors is authorized to carry forward in the Traffic Violator Fund and accumulate any balance of proceeds of fees imposed by this Resolution that remains at the end of a fiscal year, as long as such fee proceeds will be used for the purposes provided herein. 95
SECTION 12. This Resolution supersedes Resolution No. 2001- 046.
PASSED, APPROVED, AND ADOPTED this 20th day of January, 2021.
Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:
Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
Mitzi OrOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOtiz,MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMCMMMMMMMMMMMMMMMMMMMMMCCCCMCMMMMMMMMCMMMMMMMCCCMMMMMMMMMMMCMCMMMMMMMMMMMMCMCMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM City Clerk
96
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 Resolution No. 2021- 04 duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of January, 2021, by the following roll call vote, to wit:
AYES: Mayor Ackley, Mayor Pro Tem Chun, Councilmembers Harrington, Hurt, and Munzing
NOES: None
ABSENT: None
MITZI ORTIZ, MMC
CITY CLERK
SEAL)
MITZI OROOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOTIZ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMC
CITY CLERK
97 OCSD
BUDGET
USE ONLY
R E Q U E S T
C ER TI F I C A T IO N
A P P R O V A L S
ORANGE COUNTY SHERIFF-CORONER
TRAFFIC VIOLATOR APPREHENSION PROGRAM
CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date
APPLICABILTY
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST
THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS
WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR
APPREHENSION PROGRAM
CITY MANAGER REQUEST:
Printed Name
Signature: DATE
Recommended For Approval
CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM
ORANGE COUNTY SHERIFF-CORONER DEPARTMENT
ATTACHMENT G
98 Share: Four (4) Sergeants with LH, LW ( 1/3 AV, 1/3 LH, 1/3 LW) One (1) Deputy Sheriff II - School Resources Officer (SRO) with LN (0.35) One (1) Investigator Position with LW (0.50)
DIRECT PURCHASE SERVICES & COUNTY
NO POSITIONS SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP. DEPT. OH DIV. OH TRAINING OH OTHER REVENUE TOTAL 1 Captain 201,059 0 182,992 0 6,750 0 9,240 25,430 4,525 3,760 0 0 433,756 1 Sergeant - Administrative 151,382 0 141,490 13,984 6,750 0 9,240 29,170 4,525 3,092 0 0 359,633
1.33 Sergeant - Patrol (Share with LW) 201,338 0 188,181 18,599 8,978 0 12,289 38,796 6,018 4,112 0 0 478,311
1.5 Investigator (Share w/LW) 200,367 0 190,449 17,652 10,126 0 13,860 89,366 6,788 4,077 0 0 532,685 15 DS II Patrol 1,830,510 0 1,737,540 112,380 101,250 0 138,600 464,970 67,875 36,330 0 0 4,489,455
0.65 DS II School Resource Officer (Share with LN) 79,322 0 75,293 4,870 4,388 0 6,006 20,149 2,941 1,574 0 0 194,543 2 DS II Motorcycle 250,068 0 235,286 14,984 13,500 0 18,480 61,996 9,050 4,956 0 0 608,320
22.48 Subtotal Safety $2,914,046 $0 $2,751,231 $182,469 $151,742 $0 $207,715 $729,877 $101,722 $57,901 $0 $0 $7,096,703 2 Community Services Officer 114,816 0 81,284 0 13,500 0 18,480 58,340 0 2,148 0 0 288,568 1 Sr. Emergency Mgt. Prog. Coord. (full position) 112,299 0 60,729 0 6,750 0 9,240 2,005 0 2,100 0 0 193,123
3.00 Subtotal Professional $227,115 $0 $142,013 $0 $20,250 $0 $27,720 $60,345 $0 $4,248 $0 $0 $481,691
25.48 TOTAL STAFF $3,141,161 $0 $2,893,244 $182,469 $171,992 $0 $235,435 $790,222 $101,722 $62,149 $0 $0 $7,578,394
REGIONAL / SHARED STAFF
0.6 Traffic - Sergeant 5.67% 7,074 756 5,909 476 268 170 314 534 154 155 0 0 15,810 4 Traffic - Deputy Sheriff II 5.67% 32,413 5,355 29,056 1,699 1,789 5,338 2,095 3,563 1,026 738 0 0 83,072 2 Traffic - Investigative Assistant 5.67% 7,926 0 6,498 0 880 0 1,048 1,335 0 148 0 0 17,835 1 Traffic - Office Specialist 5.67% 3,198 22 2,032 0 440 0 524 667 0 60 0 0 6,943
0.3 Auto Theft - Sergeant 4.29% 2,678 286 2,237 180 89 65 119 202 58 59 0 0 5,973 2 Auto Theft - Investigator 4.29% 12,129 1,291 11,195 1,010 590 431 793 1,347 388 270 0 0 29,444 1 Auto Theft - Investigative Assistant 4.29% 2,961 121 2,471 0 290 0 397 504 0 58 0 0 6,802 1 Auto Theft - Office Specialist 4.29% 2,363 0 1,526 0 290 0 397 504 0 44 0 0 5,124 1 DET Sergeant 9.64% 15,019 3,164 13,960 1,348 590 0 891 4,685 436 355 0 0 40,448 1 DET Investigator 9.64% 13,427 3,399 12,623 1,135 590 0 891 4,685 436 327 0 0 37,513 2 Courts - Investigative Assistant 7.47% 10,417 331 8,625 0 1,008 0 1,380 299 0 201 0 0 22,261 1 Motorcycle Sergeant + MDC 7.55% 12,003 820 11,179 1,055 735 1,299 697 1,186 342 276 901 0 30,493
16.90 Subtotal $121,608 $15,545 $107,311 $6,903 $7,559 $7,303 $9,546 $19,511 $2,840 $2,691 $901 $0 $301,718 May 3, 2023
SALARIES & EMPLOYEE BENEFITS INDIRECT COSTS
Increase Vacancy Credits By $50,000. From $200,000 to $250,000.
FINAL
CITY OF ALISO VIEJO
FISCAL YEAR 2023-24
Add:
Aliso Viejo FY 2023-24 Spreadsheets.xlsx/FINAL FY 23-24 Page 1 of 2 99 Share: Four (4) Sergeants with LH, LW ( 1/3 AV, 1/3 LH, 1/3 LW) One (1) Deputy Sheriff II - School Resources Officer (SRO) with LN (0.35) One (1) Investigator Position with LW (0.50)
May 3, 2023
SALARIES & EMPLOYEE BENEFITS INDIRECT COSTS
Increase Vacancy Credits By $50,000. From $200,000 to $250,000.
FINAL
CITY OF ALISO VIEJO
FISCAL YEAR 2023-24
Add:
ADDITIONAL SERVICES & COUNTY
NO COSTS/REVENUE SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP. DEPT. OH DIV. OH TRAINING OH OTHER REVENUE TOTAL Overtime 917,961 66,892 17,166 1,002,019
Estimate: Vacancy Credit (250,000) (250,000)
Annual Leave (Pay Downs & Termination Pay) 258,603 258,603 AB109 (2011 Public Safety Realignment) (9,845) (9,845)
Body Worn Cameras (BWC) and In Car Video (ICV) Costs 166,349 166,349 Contract Administration 29,562 29,562
Data Line 1,777 1,777
2 E - Citation 4,443 4,443
Enhanced Helicopter Response Services 21,500 21,500
Facility Lease 50,609 50,609
Holiday Pay: Comp & Straight Time 130,007 130,007
Integrated Law & Justice Agency of Orange County 2,863 2,863 Mobile Data Computers (MDC) - Acquisition 0
18.33 Mobile Data Computers (MDC) - Recurring Costs 66,016 66,016 Motorcycle Cost (BMW Road Version) 0
Patrol Training Cost Allocation (FTB) 107,494 107,494
Premium Pay 85,417 85,417
Retirement Rate Discount (Expenses for Interest and Issuance) 0 Retirement Rate Discount, (Gross) 0
Revenue/False Alarms (11,253) (11,253)
Revenue/Training Reimbursement 0
Revenue/Restitution Reimbursement (2,218) (2,218)
Services & Supplies 45,729 45,729
Transportation - Vehicle Fuel, Maintenance, Mileage Interest etc. 284,877 284,877 Subtotal $0 $917,961 $66,892 $0 $98,115 $306,377 $0 $0 $107,494 $17,166 $493,260 ($23,316) $1,983,949 FY 2023-24 - FINAL CONTRACT TOTAL $3,262,769 $933,506 $3,067,447 $189,372 $277,666 $313,680 $244,981 $809,733 $212,056 $82,006 $494,161 ($23,316) $9,864,061 FY 2022-23 - FINAL CONTRACT TOTAL $3,334,457 $951,866 $3,150,975 $214,394 $257,716 $251,057 $223,091 $771,061 $215,513 $89,998 $477,224 ($20,270) $9,917,082 -2.15% -1.93% -2.65% -11.67% 7.74% 24.94% 9.81% 5.02% -1.60% -8.88% 3.55% 15.03% -0.53% ($71,688) ($18,360) ($83,528) ($25,022) $19,950 $62,623 $21,890 $38,672 ($3,457) ($7,992) $16,937 ($3,046) ($53,021) Aliso Viejo FY 2023-24 Spreadsheets.xlsx/FINAL FY 23-24 Page 2 of 2 100
1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES ( the “Agreement”) is dated April 25, 2023 and is between the CITY OF ALISO VIEJO (hereinafter called the " City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for a term which commences on or about July 1, 2023 and ends on June 30, 2024 and for such term thereafter as the parties may agree upon.
2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.
Contractor will perform criminal background checks and confirm employment eligibility through E- Verify on all prospective personnel. The Contractor is an independent contractor and the Crossi ng Guards to be furnished by it shall at all times be its employees and not those of the City.
3. The City’s representative in dealing with the Co ntractor shall be designated by the City of Aliso Viejo.
4. The City shall determine the locations where Crossing Guards shall be fur nished by the Contractor.
The Contractor sha ll provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Gua rd activities are taking place at the requir ed places and times, and in accordance with the terms of this Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish a lternate Crossing Guards in the event that any person f ails to report for work at the assigned time and location and agrees to provide immediate replacement.
6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.
7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in wh ich school is in session in the area under City’s jurisdiction. The 101
2 Contractor also agrees to ma intain communication with the designated school s to maintain proper scheduling.
9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropria te for weath er conditions. The Contractor shall also prov ide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.
10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insuran ce for Crossing Guard activities. The Con tractor will provide to the City a Certificate of Insurance naming the City and its officials, officers and employees as additional insured s. Such insurance shall include commercial general liability with a co mbined single limit of not less than $1 ,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance c ontributions. Such insurance shall be endorsed for contractual liability and personal i njury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canc eled, reduced in coverage or limits or non -renewed except after thirty (30) days written notice has been given to the City.
11. Contractor agrees to defend, indemnify and hold harmless the City, its o fficers, employees, agents and representatives, from and against any and all actions, claims for dam ages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corpor ation, political sub division or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees.
a) Contractor will defend any action or acti ons filed in connect ion with any of said claims, damages, penalties, oblig ations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) In the event the City, its officers, agents or employees is made a party to a ny action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not li mited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City, liability will be apportioned between Contractor an d City based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s dut y to indemnify City will be limited accordingly.
d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general l iability and umbrella insurance policies in the amount of $5,000,000 (Five Million Dollars).
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3 12. Either party shall have the ri ght to terminate this Agreement by giving sixty (60) days written notice to the other party.
13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.
14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agr eement the sum of Thirty Dollars and Ninety-five Cents ($30.95) per hour , per Crossing G uard during the term.
Based on a minimum of ten (10) sites and upon a projected (8,280) hours of service the cost shall not exceed Two Hundred Fifty-six Thousand, Two Hundred Sixty-six Dollars ($256,266.00) per year.
15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.
16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject . Contractor shall provide City with 60 days- notice of its r equest to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.
17. The City shall have an option to renew thi s Agreement. In the event this Agreement is extended beyond the end of the term set forth above , the compen sation and terms for the S ervices shall be established by mutual consent of both parties.
18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statem ents, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties her eto and t heir r espective heir s, a dministrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to thi s Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part o f it. Each provision of this Agreement is severable from the other provisions. If any provision of this Ag reement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
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4 IN WITNESS W HEREOF, the parties hereto hav e executed this Agreement the day and year written below.
CITY CONTRACTOR
City of Aliso Viejo All City Management Services, Inc.
By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary
_____________________________
Print Name and Title
Date____________________________ Date____________________________
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City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: AGREEMENT WITH THE CITY OF MISSION VIEJO FOR ANIMAL
CONTROL AND SHELTER SERVICES
Recommended Actions:
1. Approve a seven-year agreement with the City of Mission Viejo for animal control and shelter services; and
2. Authorize the City Manager to execute a seven-year agreement with the City of Mission Viejo, in the amount of $474,487 for fiscal year 2023-24 and in an amount to be determined annually thereafter.
Fiscal Impact:
The City’s share of animal control and shelter services total $474,487 for fiscal year 2023-
24. For each year thereafter, the cost is determined annually and will be budgeted accordingly. Costs for services are determined by allocating the net cost incurred by Mission Viejo and allocated by population. The costs are shared between the City and the cities of Mission Viejo, Laguna Hills, Laguna Niguel, and Rancho Santa Margarita.
Discussion:
The City of Mission Viejo has provided animal control and shelter services for the City since 2009. Services include administration of pet licensing, field services, and shelter services. Field services are provided seven days per week, 24 hours per day and include impounding of stray animals, transportation of injured animals, inspections, and investigations.
The current agreement expires on June 30, 2023, and an agreement is necessary to continue animal control and shelter services for the City. The proposed agreement is for a term of seven years with an option to renew for an additional five-year term. In addition, neither the City nor Mission Viejo can terminate the agreement during the first three years of the term.
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Attachment:
1. Agreement
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CONTRACT #
AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT for animal control and animal shelter services ("Agreement") is entered into by and between the City of Mission Viejo, a general law city, and the City of ALISO VIEJO, California (" ALISO VIEJO "), a California genera l law city, and is effective on the commencement date set forth in Section I.
WITNESSETH:
1. ALISO VIEJO desires to contract with MISSION VIEJO for the performance of the hereinafter-described animal control and animal shelter services.
2. MISSION VIEJO is willing and able to render animal control and shelter services on the terms and conditions hereinafter set forth.
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1. TERM
This Agreement shall become effective on J uly l, 2023, and shall continue in full force and effect until June 30, 2030 (7 years), unless terminated as provided for in Sections 2, 5, and 14. This Agreement shall also have an extension term allowing this Agreement to be extended for one additional, consecutive five (5) year term.
Notwithstanding the foregoing, and except as provided otherwise in Sections 5 and 14, either party agrees that it shall not terminate this Agreement at any time during the first three (3) years of the term of this Agreement.
2. TERMINATION
A. Either party may terminate this Agreement by providing prior written notice of said termination to the other party as provided hereafter. The written notice of termination must be given not less than one (l) calendar year in advance of the date the termination is to be effective, as defined in Section 2B below.
B. Upon provision of the written notice of termination provided for in subparagraph 2A, this Agreement shall terminate on the next June 30 that occurs not less than one (l) calendar year after the date of said notice of termination.
3. SERVICES
A. MISSION VIEJO agrees to provide, in its reasonable discretion, animal control services within the corporate limits of ALISO VIEJO. The level of animal control and animal shelter services to be provided under this Agreement shall be substantially the same as that customarily provided to residents of MISSION VIEJO for similar services. Services provided by MISSION VIEJO shall include the enforcement of State of California statutes deemed applicable to ALISO VIEJO by MISSION VIEJO in its sole discretion. MISSION VIEJO will not be obligated to 107
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enforce any ordinances adopted by ALISO VIEJO except those adopted in compliance with Section 5 of this Agreement or as otherwise agreed upon. Services shall be provided in the following three categories:
(1) FIELD SERVICES: MISSION VIEJO shall be responsible for and provide all animal control field services in ALISO VIEJO. Field services shall be reasonably provided seven d ays a week, 24 hours per day, 365 days a year. Field services shall include, but not limited to: patrol of assigned area; impounding of stray animals; field release to owner of restrained animals; transportation of all injured impounded animals to a veterinarian for emergency care; impounding and disposal of stray and owner controlled deceased animals; pick -up of injured or deceased wildlife; cruelty investigations; bite investigations; quarantine reports; vicious dog investigations; nuisance animal investi gations; animal facility inspections and permits; special animal event inspections and permits; enforcement of state and local laws and regulations, and issuance of citations; and public information and education services regarding domestic animals, wildli fe, and general animal related regulations. Routine field services shall generally be provided between the hours of 8:00am and 9:00pm. Telephone service request lines shall be answered between 8:00am and 8:00pm Monday through Sunday, except Holidays . For e mergency and non -emergency field services between 8:00pm and 8:00am, staff will respond to emergency field services through an automated answering system, all nonemergency messages will be returned the following business day.
(2) SPECIAL SERVICES: MISSION VIE JO shall be responsible for and provide all pet licensing and license renewals, gaining compliance of delinquent pet license, and animal facility licensing and inspection in ALISO VIEJO. New pet licenses shall be available at the Mission Viejo Animal Services Center, and in the field through Animal Control Officers. Pet license renewals shall be processed by mail or through an online renewal system. MISSION VIEJO will process renewals and answer questions regarding pet licensing requirements i n person or by telephone. MISSION VIEJO Animal Control Officers shall issue an administrative citation for a pet license, but only after prior notifications have not been successful.
All animal-related businesses in ALISO VIEJO will be inspected annually and in response to any complaints to assure that facilities meet required laws and standards. MISSION VIEJO shall provide advance notification of such inspections to ALISO VIEJO animal related business owners.
Low-cost vaccination clinics will be held four times a year at the Mission Viejo Animal Services Center for pet owners in ALISO VIEJO. Mission Viejo Animal Services may attend low -cost vaccination clinics within ALISO VIEJO when requested to issue pet lice nsing to ALISO VIEJO residents.
Mission Viejo will provide coordination and support for emergencies involving animal evacuation, sheltering and care for ALSIO VIEJO.
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(a) When reques ted, MISSION VIEJO shall respond to emergency situations including evacuating animals as well as providing shelter and care for evacuated animals for the duration of the emergency.
(b) MISSION VIEJO will respond with adequate staffing, equipment, and supplies to house and care for animals in an emergency.
(c) MISSION VIEJO will provide ALISO VIEJO with updated 24 - hour emergency contact information, and the process ALISO VIEJO shall use to make a request for emergency services.
(3) SHELTER SERVICES: MISSION VIEJO shall be responsible for and provide animal shelter services to ALISO VIEJO. Services shall be provided at the Mission Viejo Animal Services Center, 28095 Hillcrest, Mission Viejo ("Center”). The Center will be open to the public to locate lost pets or for pet adoption seven days per week, Monday through Sunday, except holidays. Public hours may vary from day to day, but shall generally be between 12pm and 4pm, and by appointment.
The Center shall retain dogs and cats that have owner identification for ten (10) calendar days for the purpose of owner redemption. The shelter shall retain dogs and cats without owner identification for five (5) calendar days for owner redemption. Animals will be kept on public disp lay to allow owner identification and redemption. When animals are wearing identification and/or are microchipped, owners will be contacted by telephone, email, mail and/or field notice at the election of Mission Viejo.
After the owner redemption holding p eriod, the Center shall retain all healthy, non-aggressive dogs and cats indefinitely for public adoption.
MISSION VIEJO agrees to maintain the Center in a humane manner and keep said premises in a clean condition at all times in accordance with the policies and the budget approved by MISSION VIEJO for the shelter, and that all services furnished by it hereunder shall be in accordance with the laws of the State of California, and that it will give required notices and use humane methods of care and euthanasia of any animal coming under its jurisdiction pursuant to its policies.
The decision to euthanize any animal will be based on a complete evaluation of an animal's overall health, temperament, age, and adoptability with due consideration of the welfare of the animal. The decision to euthanize will be made by the Animal Services Director or designee, which will include input from one or more of the following: a) a licensed Veterinarian; b) a certified Dog Trainer; c) Mission Viejo Animal Services staff. The Mission Viejo Animal Services Center will prepare documentation for each animal that is euthanized explaining how and why the decision for euthanasia was reached. Each member that was included in the decision process will sign this documentation.
B. MISSION VIEJO shall furnish and supply all necessary labor, supervision, equipment, and supplies to provide the services described in this Agreement in Section 3. In all instances wherein spe cial supplies, stationery, notices, forms, and the like are desired to set forth the name, logo, or other mark of ALISO VIEJO, the same shall be supplied from time to time by ALISO VIEJO at its own expense. 109
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C. The method by which services are provided, the standard of performance, any other matters incidental to the performance of such services, and the control of personnel so employed, shall be determined by MISSION VIEJO. In the event of a dispute between the parties as to the extent of the duties and functions to be provided hereunder, or the level and manner of such services, the parties shall meet in good faith to resolve their differences. In the event of an impasse, the decision of the City Manager of MISSION VIEJO shall be final.
D. To facilitate the performance of services hereunder; MISSION VIEJO shall be provided the unrestricted cooperation and assistance of and from ALISO VIEJO, its officers, agents, and employees.
E. Upon the m utual written agreement of the parties, additional services may be rendered by MISSION VIEJO and paid for by ALISO VIEJO.
4. STATUS OF CONTRACTOR
Although the services herein described are municipal functions, all persons employed by MISSION VIEJO to provide said services shall be MISSION VIEJO employees; no person employed hereunder shall have the right to any ALISO VIEJO pension or civil service status. When performing services under this Agreement and for the purpose of giving official status to the performance therefore where necessary, but not for the purpose of liability or indemnification, every MISSION VIEJO officer or employee shall be deemed to be an officer or agent of ALISO VIEJO.
5. CONFORMITY OF ALISO VIEJO ORDINANCES WITH MISSION VIEJO ORDINANCES A. ALISO VIEJO has adopted ordinances concerning animal control. MISSION VIEJO shall review the ALISO VIEJO ordinances relative to the MISSION VIEJO ordinances and regulations and the City Manager of MISSION VIEJO shall advise ALISO VIEJO as to whether ALISO VIEJO needs to amend or repeal any of its ordinances and/or whether ALISO VIEJO needs to adopt any new ordinances or regulations, in cluding related fees. If ALISO VIEJO fails to take the requested action within one hundred eighty (180) days of receiving written notice from the City Manager of MISSION VIEJO, MISSION VIEJO may, in its discretion, automatically terminate this Agreement, notwithstanding Section 2 of this Agreement.
MISSION VIEJO may adopt new animal control ordinances and/or regulations in the future or amend or repeal its existing ordinances and/or regulations. If MISSION VIEJO takes any such action, the City Manager of MISSION VIEJO may request that ALISO VIEJO take all or some of the same actions. If ALISO VIEJO fails to take such requested action within one hundred eighty (180) days of receiving written notice from the City Manager of MISSION VIEJO, MISSION VIEJO may, in its discretion, automatically terminate this Agreement, notwithstanding Section 2 of this Agreement.
B. ALISO VIEJO shall maintain all ordinances, resolutions, or other regulations necessary to enable MISSION VIEJO personnel to enforce the ordinances and laws within the corporate jurisdiction of ALISO VIEJO.
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6. PREPARATION OF ANNUAL BUDGET
MISSION VIEJO agrees that the City Manager of ALISO VIEJO shall have the right to review the preparation of Mission Viejo's Animal Service Program budgets for fiscal years in which this Agreement remains in effect.
7. PAYMENTS
A. BASIS FOR PAYMENT FOR MISSION VIEJO PERFORMANCE AS DEFINED IN SECTION 7B.
ALISO VIEJO shall pay MISSION VIEJO for the actual costs of providing animal control and animal shelter services to the areas within the corporate limits of ALISO VIEJO in accordance with Subsections B. through F.
B. PAYMENT METHOD
(1) ALISO VIEJO shall make quarterly provisional payments to MISSION VIEJO in an amount equal to twenty-five percent (25%) of the estimated Provisional Payment, defined below, for the then applicable fiscal year. The estimated Provisional Payment for each fiscal year sha ll be determined by mutual agreement during MISSION VIEJO's annual budget preparation process for that fiscal year provided for in Section 6. In the event the parties do not reach agreement upon the amount of the Provisional Payment for a fiscal year by July I for that fiscal year, then the Provisional Payment for the immediately preceding fiscal year shall be used, each party recognizing that the Actual Costs of the services provided for that fiscal year shall be determined pursuant to Section 7C. Each qu arterly payment shall be due thirty (30) days after the end of the quarter in which services were provided ("due date").
(2) If a payment is not received by MISSION VIEJO within thirty (30) days after the due date, MISSION VIEJO may cease providing any further service under this Agreement to ALISO VIEJO and may satisfy the indebtedness in any manner prescribed by law and Section 2 of this Agreement.
(3) Exceptions to payment to MISSION VIEJO: ALISO VIEJO shall not be called upon to assume any economic responsibility for:
(a) direct payment of any salaries, wages or other compensation to any MISSION VIEJO personnel performing services pursuant to this Agreement;
(b) any expenditure of costs other than specifically provided for in Section 7 of this Agreement except as the same may arise under Section 12; and
compensation or indemnity to any MISSION VIEJO employee for injury or sickness arising out of his or her employment while performing services pursuant to this Agreement; provided, however, the costs of such expenses described in this subparagraph shall be considered expenditures for the Animal Services program and shall be allocated pursuant to the terms of Section 7C of this Agreement. 111
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C. DETERMINATION OF ACTUAL COST OF SERVICES
(1) MISSION VIEJO shall collect and maintain expenditure and workload data to be used to determine the Actual Cost of the animal control and shelter services provided to ALISO VIEJO for each fiscal year during the term of this Agreement.
(2) ALISO VIEJO’s Actual Cost of Services shall be determined for each fiscal year. This shall be done by applying ALISO VIEJO’s percentage of the total population of the total pool of all participating cities of ALISO VIEJO,
LAGUNA NIGUEL, RANCHO SANTA MARGARITA, LAGUNA HILLS,
and MISSION VIEJO to the Net Cost for the services program. Net Cost shall be calculated by subtracting the total fiscal year revenues from the expenditures for animal services. Population shall be ba sed on the State Controller's population estimate for each City for the January I immediately preceding the applicable fiscal year.
(3) Any monetary donations received by MISSION VIEJO or ALISO VIEJO shall be placed in dedicated Animal Services budgets. Funds shall be used, as determined by MISSION VIEJO to fund extraordinary care of the animals and or one-time capital expenses to aid in improving the care of the animals sheltered at the Center.
D. FEE REVENUE
(1) MISSION VIEJO shall have all powers of ALISO VIEJO and shall receive all cooperation possible from ALISO VIEJO to enable efficient enforcement of fee collection. MISSION VIEJO shall retain all fees and revenue derived from the enforcement of t he ALISO VIEJO ordinances pertaining to the animal control services provided by MISSION VIEJO, provided that such fees and revenues will be included in the calculation of Net Cost, as described in Section 7C(2).
(2) MISSION VIEJO agrees to keep a record of all license revenue collected from residents of ALISO VIEJO , and all fee revenue generated from animals received from ALISO VIEJO residents or impounded within the corporate limits of ALISO VIEJO.
E. ADJUSTMENTS TO PROVISIONAL PAYMENT
(1) MISSION VIEJO agrees to complete the calculation of the Actual Cost of Service for animal shelter services for a fiscal year, on or before December 31 immediately following the end of the fiscal year.
(2) If the Actual Cost of Service for any fiscal year is greater than the Provisional Payments for a fiscal year, then MISSION VIEJO shall invoice ALISO VIEJO for the difference. If payment of the difference is not received by MISSION VIEJO within sixty (60) days after the invoice is submitted, MISSION VIEJO may satisfy the indebtedness in any manner prescribed by law and, in its sole election, may discontinue services to ALISO VIEJO under this Agreement. If the Actual Cost of Service for any fiscal year is less than the provisional 112
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payments for a fiscal year, MIS SION VIEJO will credit or refund the difference within sixty (60) days of the determination of the Actual Cost of Service.
F. PROHIBITION ON RECOUPMENT OF INITIAL SHELTER COSTS
MISSION VIEJO agrees that ALISO VIEJO shall not be expected or required to make any payment or provide any reimbursement to MISSION VIEJO for MISSION VIEJO'S animal services and shelter program start-up costs and capital investment, including but not limited to, costs for land acquisition, shelter design and construction, and the purchase of vehicles, furniture, fixtures, and equipment.
Depreciation is an allowable expense under Section 7C(2) for the purpose of replacement and rehabilitation of capital assets. Depreciation is not considered recouping the original cost of a capital asset but rather funding the replacement and rehabilitation cost of that capital asset.
G. ANIMAL SERVICES CAPITAL ASSETS
OWNERSHIP: Capital assets, including but not limited to, costs for land, animal shelter facilities, vehicles, furniture, fixtures, and equipment shall be owned by MISSION VIEJO.
FINANCING ACQUISITION OF CAPITAL ASSETS: ALISO VIEJO's share of the cost of capital assets shall be determined in the same manner that ALISO VIEJO's Actual Cost of Service is determined as set forth in Section 7C(2).
FINANCING THE REPLACEMENT OR REHABILIT ATION OF CAPITAL ASSETS: The cost of capital assets will be depreciated on a straight-line basis over their useful lives. This depreciation calculation will increase expenditures in Section 7C(2). Accumulated depreciation will be used to help finance the replacement and rehabilitation of capital assets.
MISSION VIEJO and ALISO VIEJO will enter into separate agreements for new capital improvement projects relating to nonoperating capital expenses.
In the event t hat this Agreement shall be terminated by either party, both parties agree to meet in good faith to equitably split the unspent revenues after all costs have been covered by the CITY OF MISSION VIEJO for current year operating expenses and capital expenses in the process of construction.
In the event that this Agreement shall be terminated by either party, both parties agree to meet in good faith to equitably split the balance of the depreciated capital for those items ALISO VIEJO has been paying for through the depreciation calculation.
8. BINDING ARBITRATION
Any dispute arising with respect to Section 7(H) and (I) that cannot be settled by good faith negotiation shall be settled by binding arbitration in accordance with the Rules of the American Arbitration Association. Arbitrators shall be selected from the list of retired judges of the Orange County Superior Court or any California appellate court. The arbitration shall be held in Orange County, California. Any decision or award re ndered by the arbitrator shall be in writing stating a factually detailed, reasoned 113
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opinion of the arbitrator's findings of fact and conclusions of law and shall be signed by the Arbitrator.
The Arbitrator, in deciding any dispute under Section 7(H) and (I ), shall base his or her decision or award on the record, shall have no power or authority to award special, consequential, punitive, or exemplary damages, and shall look to the substantive laws, and not the laws of conflicts, of the State of California for the resolution of the Dispute. Both parties reserve the right to conduct full discovery pertinent to California Code of Civil Procedure, Section 1283.05. Any costs for said Arbitration shall be borne equally by both parties.
9. CONSULTATION
MISSION VIEJO agrees to consult with ALISO VIEJO during the consideration of, and prior to any final decision and/or implementation of the following:
A. The Animal Services annual operating budget and capital improvement program for each fiscal year this Agreement is in effect.
B. Any proposed change in the level of service, staffing, days, or hours of operation of field services, special services, or shelter services.
C. Any proposal to offer or contract for the provision of animal control and shelter services to another public agency.
D. Any change in the method by which MISSION VIEJO determines general administrative costs, general overhead costs, indirect costs, depreciation of capital assets or insurance costs with respect to the allocation to the Animal Services program budget.
E. Any proposed changes to MISSION VIEJO ordinances, regulations, and fees concerning animal control services that MISSION VIEJO would propose be adopted by ALISO VIEJO.
F. Any proposed changes in insurance coverage for the animal control operations and/or a ny potential change in costs for such coverage.
G. MISSION VIEJO on or about March 1 of the year in which MISSION VIEJO begins preparation of the two -year budget cycle shall submit a draft budget to the City Manager of ALISO VIEJO for review and comment prior to processing the final document and presenting it to the City Council of MISSION VIEJO for adoption.
10. RECORDS
All records created or received by MISSION VIEJO in accordance with this Agreement shall be MISSION VIEJO records. MISSION VIEJO agrees to keep such books and records in such form and manner as the Director of Administrative Services of MISSION VIEJO shall specify. Said books shall be open for examination by ALISO VIEJO at all reasonable times.
11. CAPITAL ASSETS AND DEPRECIATED ITEMS
MISSION VIEJO shall provide ALISO VIEJO , upon request, with a list of capital assets and depreciated items with respect to the provision of services under this Agreement at the time it provides a budget for approval by the City Council of MISSION VIEJO.
12. ALTERATION OF TERMS
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This Agreement fully expresses all understandings of MISSION VIEJO and ALISO VIEJO with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition, or alteration, of the terms of this Agreement shall be valid unless made in writing, formally approved, and executed by duly authorized agents of both parties.
13. INDEMNIFICATION
A. That neither ALISO VIEJO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MISSION VIEJO under or in connection with any work, authority, or jurisdiction delegated to MISSION VIEJO under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, MISSION VIEJO, shall fully defend, indemnify and hold ALISO VIEJO harmless from any liability imposed for injury (as defined by Government Code Section 810.8), including attorney's fees and costs, occurring by reason of anything done or omitted to be done by MISSION VIEJO under or in connection with any work, authority or jurisdiction delegated to MISSION VIEJO under this Agreement.
14. INSURANCE
MISSION VIEJO agrees to maintain the following insurance coverage during the term of this Agreement:
A. Workers’ Compensation and Employer’s Liability:
MISSION VIEJO shall maintain workers’ compensation insurance with statutory limits and employer’s liability insurance in an amount not less than one million dollars ($1,000,000.00) per accident for bodily injury or disease for MISSION VIEJO’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. The policy shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all right of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduces until a thirty (30) day written notice of cancellatio n has been served upon the City except ten (10) days shall be allowed for non -payment of premium.
B. General Liability:
MISSION VIEJO shall maintain General Liability Insurance coverage for claims which may arise from or out of MISSION VIEJO’S performance of its obligations hereunder. This coverage shall have a limit of liability not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury, and property damage.
C. Automobile Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then MISSION VIEJO agrees to maintain automo bile liability insurance for vehicles provided by MISSION VIEJO for use under this Agreement. This coverage shall cover bodily injury and property damage for all activities of the MISSION VIEJO arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount of not less than $1,000,000 combined single limit for each accident.
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D. Endorsements:
The policies of insurance required by Section 14(B) General Liability, and 14(C) Automobile Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo, its officials, officers, employees, agents, and volunteers shall be additional insured with regard to liability and defense of suits o r 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 MISSION VIEJO; 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.
E. 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.
15. BREACH OF AGREEMENT
Except as provided in Section 2, if either MISSION VIEJO or ALISO VIEJO defaults in the performance of the terms or conditions of the Agreement, it shall have thirty (30) days after service upon it of a written notice of default in which to cure the defaul t by rendering satisfactory performance. In the event that a party fails to cure its default within such period of time, the other party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without furt her notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of either party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either the term or condition, or of any other term or condition of this Agreement.
16. ATTORNEY'S FEES
If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the party may be entitled.
17. NOTICES
Unless the persons or addresses are otherwise identified by notice given in the manner specified by this paragraph, all notices authorized or required by this Agreement shall be deemed effective when reduced to writing and deposited in the United States mail, certified, and addressed as follows:
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To MISSION VIEJO: City Manager
City of Mission Viejo
200 Civic Center
Mission Viejo, CA 92691
To ALISO VIEJO: City Manager
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92653
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
City of Mission Viejo City of Aliso Viejo
Brian Goodell, Mayor
Richard Hurt, Mayor
ATTEST:
_________________________________________
Kimberly Schmitt, City Clerk
ATTEST:
________________________________________
Mitzi Ortiz, City Clerk
APPROVED AS TO FORM:
William P. Curley III, City Attorney
APPROVED AS TO FORM:
Scott C. Smith, City Attorney
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City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
Charlene Cheng, Management Analyst
SUBJECT: AGREEMENT FOR PROFESSIONAL VIDEOGRAPHY AND
PRODUCTION SERVICES – WINTER VISUALS
Recommended Actions:
Approve and authorize the City Manager to execute a 3-year professional services agreement with Winter Visuals to perform video production services.
Fiscal Impact:
The cost for services is estimated at $30,000 annually, with total compensation not to exceed $90,000 over three years. Funds for the services have been included in the FY 2023-24 budget.
Background:
Since 2015, Winter Visuals has been contracted to produce the State of the City video and televise City Council meetings. Additionally, Winter Visuals has been contracted since 2016 to produce the City’s Featured Business of the Month videos, as well as other promotional videos.
Discussion:
Staff has been extremely satisfied with the performance of Winter Visuals throughout the years. Winter Visuals has demonstrated excellent skills in videography, mixing, and production, and offers custom tailored services to the City and has proven to be collaborative, creative, and responsive. Staff recommends City Council authorize the City Manager to enter into a three-year agreement for videography and production services with Winter Visuals.
Attachment:
1. Agreement
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CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
VIDEOGRAPHY AND PRODUCTION SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________, 2023, 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 WINTER VISUALS, a SOLE PROPRIETORSHIP, with its principal place of business at 28510 Williams Canyon Road, Silverado, CA 92676 (“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 VIDEOGRAPHY AND PRODUCTION 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 VIDEOGRAPHY AND PRODUCTION consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the VIDEOGRAPHY AND PRODUCTION 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 VIDEOGRAPHY AND PRODUCTION consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of t his Agreement shall be from JULY 1, 2023 to JUNE 30, 2026, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 119
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW -9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, d irectors, 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 d uring 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 s hall 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 per sonnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services.
3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Serv ices in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or ot her acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the S ervices, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the pub lic health, welfare and safety, and other actions of a p ublic agency applicable to the Services and Agreement.
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3.2.2.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not enti tle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows: ERIC WINTER
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representat ive for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the DIRECTOR OF GOVERNMENT SERVICES, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Repres entative. Consultant hereby designates ERIC WINTER, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedu res and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by pro fessionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants 121
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shall have suffi cient 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 reimburseme nt 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 Ci ty 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 prom ptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, it s officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect durin g the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Com mercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
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The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured again st another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of n ot less than $1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo , its officials, officers, employees, a gents, 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 123
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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 sub rogation 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 fo r 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. Poli cies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against t he indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorize d 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 pr ovided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
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In the event that the Consultant’s operations are suspended for fai lure 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 complia nce with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary o r 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 NINETY THOUSAND DOLLARS ($90,000.00) (“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 st atement 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.
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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 prop er completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages; DIR Registration.
3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreeme nt.
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 pl ace of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Lab or 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 sub consultants 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.
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3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Winter Visuals
28150 Williams Canyon Road
Silverado, CA 92678
Attn: Eric Winter, Owner
City:
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Mitzi Ortiz, Director of Government Services
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.
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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 a ny 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 d rawings 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 gra nted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used b y Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary I nformation”) 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 com pel 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 harml ess from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Fraud Policy . Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.
Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any 128
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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 A greement at City’s request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.
3.5.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attorney’s Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.7 Indemnification.
3.5.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consult ant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
3.5.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
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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 ha ve participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, conten t, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fe e, 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 130
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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 represe nts 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 inc lude, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consul tant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work requ ired by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND WINTER VISUALS
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
WINTER VISUALS
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
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CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s ) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this pol icy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
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A-1
EXHIBIT “A”
TO PROFESSIONAL SERVICES AGREEMENT
FOR
VIDEOGRAPHY AND PRODUCTION SERVICES
SCOPE OF SERVICES
Services relating to Bulletin Board and Video Playback include:
Design and create Bulletin Board pages as directed by the City.
Program, schedule, mix down of shows to playback.
Manage records on day -to-day operations including maintenance schedules for equipment.
Other video related duties as assigned by City Staff.
Services relating to televising Council Meetings include:
Prior to each Council Meeting, perform preparation work consisting of testing signals and equipment; and creating agenda graphics.
Operate the audio/visual equipment for the live broadcast of Council Meetings.
After each Council Meeting, perform post production work consisting of encoding the Leightronix server to replay the broadcast of Council Meetings; creating DVDs for archival purposes and wrapping the production.
An initial graphics package will be designed and created at no additional charge.
Services relating to the State of the City:
Create the State of the City video for the City of Aliso Viejo. The video will be shot at various locations utilizing Winter Visuals television equipment (GoPro, drone, HD camera equipment, audio equipment as needed) and camera operator(s).
Video will be shot in HiDef and delivered in a web friendly format to be determined by City Information Technology staff. In addition, a DVD will be provided and encoded to the City’s television playback system and/or any other format required for City use.
Editing and graphics are to be created on Winter Visuals nonlinear editing computers and music will be added in the background.
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Services relating to Business Highlight Videos:
Create fourteen (14) thirty- to sixty-second segments on Aliso Viejo business owners.
Segments will be recorded and produced by Winter Visuals.
Twelve segments shall feature businesses in a unique and flattering way to enhance sales and promote the community. Segments shall include interviews with business owner or representatives.
Two of the videos shall be of the Aliso Viejo Center and Aliso Viejo Aquatic Center.
Services relating to other projects:
Film and produce videos for Aliso Viejo Ranch and City campaigns and events as assigned by City staff.
The work shall be performed primarily by Eric Winter unless otherwise authorized by the City’s representative.
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C-1
EXHIBIT “B”
TO PROFESSIONAL SERVICES AGREEMENT
FOR
VIDEOGRAPHY AND PRODUCTION SERVICES
SCHEDULE OF SERVICES
Consultant shall perform, create, produce and direct a State of the City videos, in HiDef. The video shall be converted to multiple formats as determined by City Staff.
Consultant shall create fourteen, 30-60 second promotional videos for the Bus iness of the Month program and City programs.
Consultant shall perform bulletin board and video playback services on an as -needed basis as determined by City Staff. Consultant shall perform televised Council Meeting services for all City Council Meetings unless directed otherwise by the City.
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C-2
EXHIBIT “C”
TO PROFESSIONAL SERVICES AGREEMENT
FOR
VIDEOGRAPHY AND PRODUCTION SERVICES
COMPENSATION
2023 Winter Visuals Rate Sheet
City of Aliso Viejo Business of the Month videos 2023-2024
While each location is different and segment times will vary this quote is based on an average base price per segment and will not exceed the base price as long the shoot is done in one day. Price per segment will be $772.19.
Cost of the production covers;
1) Up to half day on location shooting.
2) Rental cost of camera equipment, editing computers and software owned by Winter Visuals.
3) Stock Music.
4) Required liability insurance.
5) Delivered final product in format of choice.
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If the city requires additional location shooting base rate is $350 per half day which includes HD camera, audio equipment and operator.
If the contract is for multiple years, increases for the follow years will be determined by the yearly percentage average of the Consumer Price Index.
City of Aliso Viejo City Council Meeting Production
Services provided:
• Arrive at least one hour before the meeting to test microphones and ensure broadcast system is running correctly, check with city staff for additional requirements or special presentations.
• Live Cablecast of the “City of Aliso Viejo City Council Meetings” with one experienced Director/graphics operator.
• Graphic’s creation for the agenda items to be added to the television cablecast. • Prepare and “roll in” media as specified by city staff and Council Members as required.
• Live encoding of the City of Aliso Viejo City Council Meetings to the Playback server. • Two replays of the City of Aliso Viejo City Council Meetings from the Playback server. • Provide applicable insurance.
The cost to the City of Aliso Viejo will be $138.46 per hour with a three-hour minimum.
If the contract is for multiple years, increases for the follow years will be determined by the yearly percentage average of the Consumer Price Index.
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City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. TO PROVIDE PLANNING CONSULTING
SERVICES
Recommended Action:
Approve and authorize the City Manager to execute a Fifth Amendment to the Professional Services Agreement with Civic Solutions, Inc. for planning consulting services to increase the total compensation by an amount not to exceed $68,000.
Fiscal Impact:
The cost for the services provided under the fifth amendment is not to exceed $68,000.
Funds for this project are available in the FY 2023-24 budget.
Background:
The existing agreements for the Community Development Department are all set to expire on June 30, 2023. Accordingly, a Request for Proposal (RFP) was released to enter into new agreements for the next Fiscal Year (FY) 2023-24, one of which is for planning consulting services. In response to the RFP, the City received a total of four proposals from various firms.
Discussion:
The Community Department historically had three to four full-time planners at various levels, as well as contract planning staff. The average workload over the years have gradually increased, necessitating the continuous need for contract planning services.
The Community Development Department (CDD) anticipates the same or increased level of planning activities in FY 2023-24, considering the recent submittal of the 362-unit mixed use development and the new tenant mix at The Commons, as well as the state mandated update of the Safety Element. Currently, CDD has a total of two full-time planners, which is the lowest number of planning staff since FY 2016-17. Despite the reduced number in 140
full-time staff, the Planning Division was able to provide the same level of service due to the help of contract staff.
In order to continue operating the Planning Division at similar levels of service, the City issued an RFP and received four proposals in response. Staff reviewed the four proposals and found that the available resources, experience, and cost are similar across the different firms. While the four firms are similar, Staff is recommending that the City continue working with Civic Solutions Inc., as they have provided planning services to the City since April 2022 and the City has received only positive feedback from the public as well as internal Staff. As such, Staff is recommending that the existing agreement with Civic Solutions be amended to provide planning services on an as-needed, part-time basis for FY 2023-24 in the amount not to exceed $68,000.
Attachments:
1. Original Agreement with Civic Solutions, Inc.
2. Fifth Amendment with Civic Solutions, Inc.
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CITY OF ALISO VIEJO
FIFTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR PLANNING CONSULTANT SERVICES
1. PARTIES AND DATE.
This Fifth Amendment to the Professional Services Agreement for Planning Consultant Services (“First Amendment”) is entered into on the ____ day of ________, 2023, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Civic Solutions, Inc. , a corporation (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for Planning Consultant Services dated April 21, 2022 (“Agreement”).
2.2 First Amendment. The Parties amended the Agreement on July 5, 2022, in order to supplement the scope of services to be provided by Consultant.
2.3 Second Amendment. The Parties amended the Agreement on July 20, 2022, to increase the total compensation under the Agreement by seventy-thousand dollars ($70,000).
2.4 Third Amendment. The Parties amended the Agreement on November 16, 2022, to increase the total compensation under the Agreement by fifty-thousand dollars ($50,000).
2.5 Fourth Amendment. The Parties amended the Agreement on March 15, 2023, to increase the total compensation under the Agreement by forty-thousand dollars ($40,000).
2.6 Fifth Amendment. The Parties now desire to amend the Agreement to increase the total compensation under the Agreement by Sixty-Eight Thousand Dollars ($68,000).
3. TERMS.
3.1 Term.
The term of this Agreement shall be from July 1, 2023 to June 30, 2024 , unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one additional one-year term.
3.2 Compensation.
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Seventy Eight Thousand Dollars ($278,000) ("Total Compensation") without written approval 174
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of the 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 Declaration of Political Contributions. Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of their employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Fifth Amendment.
3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Fifth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
From and after the date of this Fifth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fifth Amendment.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fifth Amendment.
3.6 Counterparts. This Fifth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
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SIGNATURE PAGE FOR FIFTH AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR PLANNING CONSULTANT SERVICES BETWEEN THE
CITY OF ALISO VIEJO AND CIVIC SOLUTIONS, INC.
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to Agreement on this ____ day of __________, 2023.
CITY OF ALISO VIEJO
Approved:
By:
David Doyle
City Manager
ATTEST:
By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Ann Eifert
Director of Financial Services
Civic Solutions, Inc., a corporation
[TWO SIGNATURES, President OR Vice
President AND Secretary OR Treasurer
REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
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CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
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EXHIBIT “A”
COMPENSATION
Fee Schedule
Position Hourly Rate
Principal Management Consultant $172
Principal Planner $156
Senior Planner $146
Associate Planner $130
Assistant Planner $119
Planning Technician $100
The above hourly rates apply only to authorized services provided under the scope and contract, and do not apply to contract administration activities such as invoicing, contract performance discussions, etc. Work performed on a time and material basis will be billed monthly and will be due in accordance with the terms of the contract.
Reimbursable Expenses
Reproduction of Plans
Large duplication or document publishing projects
Specialized graphic projects
Messenger and overnight deliveries
When the above fee schedule is made part of an on-call contract, fees are subject to annual review and adjustments, unless otherwise specified in the consulting services agreement.
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City of Aliso Viejo
AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH CHARLES ABBOTT
ASSOCIATES TO PROVIDE BUILDING & SAFETY AND CODE
ENFORCEMENT SERVICES
Recommended Action:
Approve and authorize the City Manager to execute a Professional Services Agreement with Charles Abbott Associates for building & safety and code enforcement consulting services for a five-year period, with a total compensation amount not to exceed $600,000, annually ($3,000,000 total).
Fiscal Impact:
The cost for the services provided is not to exceed $3,000,000 over a five-year period.
Funds for these services are included annually in the budget.
Background:
The City incorporated on July 1, 2001, and has had an agreement with Charles Abbott Associates to provide all building & safety and code enforcement services. With this agreement set to expire on June 30, 2023, the City issued a RFP to solicit responses to find the best candidate for the needed services. The City received a total of four proposals from the following firms in response to the RFP: Bureau Veritas, Charles Abbott Associates, CSG Consultants, and Interwest.
Discussion:
In reviewing the four proposals, staff found that Bureau Veritas has one code enforcement officer with no recent municipal code enforcement experience; and while Interwest includes an hourly rate for a code enforcement officer, they did not have one available.
The overall costs of these firms are also higher than other firms and therefore, these two firms were removed from consideration.
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