Agenda packet — Aliso Viejo City Council, July 19, 2023 (part 2 of 2)

On February 13, 2014, the CFD issued the 2014 Special Tax Refunding Bonds for the purpose of refunding the outstanding 2007 Bonds to achieve lower interest rates and provide annual special tax savings to the property owners within the CFD.

Discussion:

To meet the financial requirements of the CFD in FY 2023-24, special taxes are proposed to be levied on Developed Property as defined in the Modified Rate and Method of Apportionment (“Modified RMA”) at approximately seventy-nine and 40/100 (79.40%) of the authorized maximum special tax rates. The proposed FY 2023-24 special tax rates are listed in Exhibit “A” of the Resolution. Developed Property are parcels for which building permits were issued and represent 458 units of taxable residential property within the CFD (excludes one parcel for whom the parcel owner fully prepaid their special tax obligation). Building permits have been issued for all planned residential units within the CFD; therefore, the CFD is considered fully developed.

FY 2023-24 is the seventeenth year the CFD will levy special taxes. Special taxes will be levied on Developed Property in FY 2023-24 in an aggregate amount of approximately $2,258,209 to fund the FY 2023-24 net financial requirements of the CFD. The FY 2023- 24 financial requirements total $2,352,421 and include payment of debt service on the Bonds, administrative expenses, and anticipated delinquencies. The difference of $94,212 between the proposed levy and net financial requirements will be taken from available contingency funds.

In order to levy the special tax for FY 2023-24, the City Council must adopt the Resolution authorizing the annual special tax levy.

Attachment:

1. Resolution
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RESOLUTION 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2005-01 (GLENWOOD AT ALISO VIEJO)

AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023-24
WHEREAS, the City Council of the City of Aliso Viejo, (“City”), previously undertook proceedings under and pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, to form Community Facilities District No. 2005-01 (Glenwood at Aliso Viejo) (hereinafter referred to as the “District”), to authorize the levy of special taxes upon land within the District to finance certain facilities; and WHEREAS, this City Council, by Ordinance No. 2006-086 as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this City Council is desirous to establish the specific rate of the special tax for the District to be collected for the next fiscal year.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

Section 1: That the above recitals are all true and correct.

Section 2: That in accordance with the Act and Ordinance, there is hereby levied upon all parcels within the District which are not otherwise exempt from taxation under the Act or the Ordinance the special taxes for fiscal year 2023-24 at the rates set forth in the attached referenced and incorporated Exhibit “A”. Koppel & Gruber Public Finance is hereby directed to prepare and file with the City Clerk a list of the exact amount of the special tax for each lot or parcel of land in accordance with this Resolution (the “2023-24 Roll”).

Section 3: That the rate determined and as set forth above does not exceed the amount as previously authorized by Ordinance of this City Council, and is not in excess of that as previously approved by the qualified electors of the District, and meets the requirements of Proposition 218 that added Articles XIIIC and XIIID to the State Constitution.

The City agrees to defend, indemnify and hold harmless the County of Orange, the Board of Supervisors, the Auditor-Controller, its officers and employees, from litigation over whether the requirements of Proposition 218 were met with respect to such assessment(s).

If any judgement is entered against any indemnified party as a result of not meeting the requirements of Proposition 218 for such assessment(s), the City agrees that County may 137

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offset the amount of any judgement paid by an indemnified party from any monies collected by the County on the City’s behalf, including property taxes, special taxes, fees, or assessments.

Section 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following:

A. Fund authorized public facilities, including the costs of the construction and engineering design of facilities to be owned, operated and maintained by the City, the Moulton Miguel Water District, and the County of Orange (the “Facilities”); and
B. Payment of incidental expenses of the District, including costs incurred to determine the amount of and collection of special taxes and costs otherwise incurred in order to carry out the authorized purposes of the District.

The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

Section 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

Section 6: All monies above collected shall be paid into the District funds, including any reserve fund.

Section 7: The City Clerk is hereby authorized to transmit a certified copy of this Resolution to the County of Orange (“County”) Office of the Auditor-Controller (“County Auditor”). The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”.

Section 8: This Resolution relating to the levy of the special tax shall take effect immediately upon its final passage in accordance with the provisions of Government Code Section 53340, as amended.
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PASSED, APPROVED AND ADOPTED this 19th day of July, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 139

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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 19th day of July, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
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EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT NO. 2005-01
(Glenwood at Aliso Viejo)
FISCAL YEAR 2023-24

SPECIAL TAX RATES
ZONE 1
Land Use
Class Description
Residential
Floor Area Special Tax Rate
1 Residential Property < 1,901 $3,191.06 per unit
2 Residential Property 1,901 – 2,350 $4,614.26 per unit 3 Residential Property 2,351 – 2,800 $4,936.68 per unit 4 Residential Property 2,801 – 3,250 $5,687.22 per unit 5 Residential Property 3,251 – 3,700 $6,437.72 per unit 6 Residential Property 3,701 – 4,150 $6,537.80 per unit 7 Residential Property 4,151 – 4,600 $7,460.64 per unit 8 Residential Property > 4,600 $7,616.30 per unit
NA Undeveloped Property NA $0.00 per Acre
ZONE 2
Land Use
Class Description
Residential
Floor Area Special Tax Rate
1 Residential Property < 1,901 $1,223.04 per unit
2 Residential Property 1,901 – 2,350 $1,334.24 per unit 3 Residential Property 2,351 – 2,800 $1,445.42 per unit 4 Residential Property 2,801 – 3,250 $2,223.74 per unit 5 Residential Property 3,251 – 3,700 $2,946.44 per unit 6 Residential Property 3,701 – 4,150 $3,113.24 per unit 7 Residential Property 4,151 – 4,600 $3,958.26 per unit 8 Residential Property > 4,600 $4,113.92 per unit
NA Undeveloped Property NA $0.00 per Acre
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City of Aliso Viejo

AGENDA ITEM
DATE: July 19, 2023
TO: Mayor and City Council
FROM: David A. Doyle, City Manager
Patricia Cantonwine, Human Resources Analyst
SUBJECT: AGREEMENT FOR LIMITED TERM-EXTRA HELP SERVICES OF

CALPERS RETIREE (CINDY COLLINS)
Recommended Action:

Authorize the City Manager to execute an agreement with retired annuitant Cindy Collins to serve as extra help as defined by the California Public Employees Retirement System (CalPERS) in the capacity of Recreation and Community Services Manager.

Fiscal Impact:

Compensation has been set at $74.37 an hour in compliance with the requirements for CalPERS retired annuitants. The maximum potential fiscal impact will be $71,395. Ms.

Collins will only be paid for actual hours worked. Although funds for this service were not specifically included in the fiscal year 2023-24 budget, at this time, it is anticipated that the cost can be absorbed through savings in other recreation areas.

Background:

The City’s Recreation and Community Services Manager has requested a leave of absence in accordance with the Family and Medical Leave (FMLA) and California Family Rights (CFRA) Acts. While the actual extent of the leave is unknown, it is anticipated to be approximately sixteen (16) weeks.

This leave of absence creates a long-term vacancy in the critical leadership position for this department. As such, it is necessary to cover the duties and responsibilities with a limited term employment agreement with a qualified individual.

Discussion:

Ms. Collins, a retired CalPERS annuitant, has extensive municipal government experience including approximately 20 years in the roles of Recreation & Community 142

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Services Director and Manager. She will perform the duties and functions of the position including:
 Overseeing the Recreation and Community Services department including managing programs and community events;
 Supervising departmental staff;
 Ensuring adequate facility maintenance and operations;  Attending Council Meetings and making public presentations as needed; and  Other necessary functions of the position during the incumbent’s leave of absence.

This employment arrangement has been reviewed and sanctioned by CalPERS as well as the City’s legal firm.

Attachment:

1. Agreement for Limited Term-Extra Help Services of CalPERS Retiree (Cindy Collins) 143
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AGREEMENT FOR

LIMITED TERM-EXTRA HELP SERVICES OF CALPERS RETIREE
THIS AGREEMENT, is made and entered into this 19th day of July, 2023 by and between the City of Aliso Viejo (“CITY”) and Cindy Collins (“EMPLOYEE”).

In consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:

RECITALS
This Agreement is made and entered into with respect to the following facts:

A. CITY seeks to engage EMPLOYEE on a temporary basis in an extra help capacity, in accordance with the terms set forth in this Agreement; and B. EMPLOYEE desires to accept employment in an extra help capacity i n c
onsideration of and subject to the terms, conditions and benefits s et forth in this Agreement; and
C. CITY and EMPLOYEE make this agreement with the mutual understanding t
hat the appointment complies with the requirements applicable to the employment of CalPERS retirees, as codified in Government Code sections 7522.56 and 21224.

EMPLOYEE represents that she is a retired annuitant of CalPERS within the meaning of Government Code §§ 7522.56 and 21224 (“Statutes”) and acknowledges that the compensation is statutorily limited as provided in Government Code § 21224.

EMPLOYEE represents that, as of the effective date of this Agreement, EMPLOYEE has not worked for another CalPERS employer as a retired annuitant during this fiscal year, and that EMPLOYEE therefore acknowledges that EMPLOYEE can work up to 960 hours for the CITY during this fiscal year, and any subsequent fiscal years under this Agreement.

EMPLOYEE represents that she has not received unemployment compensation based on employment as a retiree for any public employer during the 12- month period preceding the effective date of this Agreement. EMPLOYEE further represents that EMPLOYEE retired from CalPERS more than 180 days prior to the effective date of this Agreement; and
D. CITY has determined that it is necessary to hire EMPLOYEE, a retired annuitant, because of her extensive knowledge and skills in public agency Recreation and Community Services, including managing community programs and events , supervising full and part-time staff, managing contracts and facility services agreements, maintenance of public facilities which are necessary to assist the City due to the temporary leave of absence of the current Recreation & Community Services Manager, and EMPLOYEE, by virtue of EMPLOYEE’s experience, has those special skills. Existing staff does not have the experience or expertise to perform these duties and it is beyond the capacity of the regular employees.

NOW, THEREFORE, CITY and EMPLOYEE, in consideration of the mutual covenants and agreements herein contained, agree as follows:
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1. APPOINTMENT OF EMPLOYEE. The CITY hereby appoints EMPLOYEE as an extra help retired annuitant pursuant to the terms set forth in this Agreement.

2. POSITION AND DUTIES . The City Manager hereby agrees to appoint EMPLOYEE to perform the duties and functions set forth below:
• O versee the Recreation and Community Services department i ncluding m
anaging programs and community events
• Supervise staff of the Recreation and Community Services department • Ensure adequate facility maintenance and operations are completed • Attend Council Meetings and make public presentations as needed • Other necessary functions of the Recreation and Community Services Manager position during the incumbent’s leave of absence

3. TERM, TERMINATION, AND AT-WILL STATUS.

This Agreement shall become effective upon the date executed both by EMPLOYEE and the City Manager, which date shall be the date first referenced above.

EMPLOYEE shall commence the performance of her duties under this Agreement on July 19, 2023 or at such later date as the parties hereto shall agree in writing ("Commencement Date"). This Agreement shall expire as of the first of the following to occur: (i) June 30, 2024; (ii) upon EMPLOYEE working 960 hours for the City during fiscal year 2023-24 or 960 hour s in any subsequent fiscal year (including any hours worked for any other CalPERS employers) ; (iii) upon the position of Recreation and Community Services Manager becoming vacant other due to a leave of absence; or (iv) upon termination of the Agreement by either EMPLOYEE or CITY as provided below.

EMPLOYEE acknowledges that she is an at -will, temporary employee of CITY who shall serve at the pleasure of the City Manager at all times during the period of her service hereunder and shall be subject to termination by City Manager at any time without advance notice and without cause. The terms of CITY's personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City p ersonnel (collectively "Personnel Policies"), as they may be amended or supplemented from time to time, do not modify this specific agreement to at -will employment, and nothing in this Agreement is intended to, or does, confer upon EMPLOYEE any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate this Agreement and Employee’s employment.

Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of EMPLOYEE and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from this position with CITY.

4. COMPENSATION. The CITY agr ees t o pr ovide t he f ollowing compensation to EMPLOYEE for the services listed in this Agreement:

CITY agrees to pay to EMPLOYEE for services rendered under this Agreement, the hourly rate of $74.37. The City has determined that this hourly rate is neither less than the minimum, nor more than the maximum, hourly rate paid to other employees performing comparable duties as listed on City’s publicly available pay schedule, reflected as an hourly rate by dividing the monthly base pay by 173.333. Payments will be made on 145
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regularly scheduled City payroll dates. Employee will be responsible for keeping track of Employee’s hours worked on a daily time sheet form, provided by the City and submitted to the City Manager or designee for approval and payroll purposes. Employee understands and agrees that Employee is not, and will not be, eligible to receive any compensation other than this specified hourly rate of pay., which is within the range of pay for Recreation & Community Services Manager o n the City’s publicly approved pay schedule. The City shall not pay for leave, nor shall EMPLOYEE be entitled to any other fringe benefits, unless required by law. The temporary position under this Agreement is not exempt from FLSA overtime pay requirements. The Employee shall be paid at one and one-half times the regular rate of pay for any time worked in excess of 40 hours per week.

5. NO
TICE . Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows:

CITY
Cit
y of Aliso Viejo
12 Journey Suite 100
Aliso Viejo, CA 92656
Attention: Director of Financial Services

EMPLOYEE
Cin
dy Collins
[ON FILE]

6. HOURS OF WORK. This employment is for part-time work and, generally, will not exceed 40 hours per week. The City will assign Employee specific hours to work, and under no circumstances may Employee work in excess of 40 hours per week without the express prior permission of the City Manager.

7. COMPLIANCE WITH RESTRICTIONS ON RETIRED ANNUITANT
EMPLOYMENT. EMPLOYEE agrees she will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CalPERS as may be required. CITY shall assist in any such reporting obligations to CalPERS. Additionally, EMPLOYEE shall keep CITY continually apprised of any hours worked by EMPLOYEE for other CalPERS Agencies during the term of this Agreement. By executing this agreement, EMPLOYEE is, in good faith, determining that her appointment meets each of the foregoing requirements, including the unemployment insurance requirement noted, above. While CITY is not in a position to do so, by signing this agreement EMPLOYEE is certifying that EMPLOYEE has not received unemployment insurance payments within the past 12 months arising from work performed as a retiree for any public employer. Further, by signing this 146
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agreement, EMPLOYEE is confirming that the 180 day waiting period described above has been met.

N
otwithstanding the above, CITY has no way of monitoring the hours that EMPLOYEE works for another CalPERS employer. As such, it is EMPLOYEE’s responsibility to ensure that the total hours worked for CITY and any other CalPERS employers do not exceed 960 hours during the fiscal year. CITY’s understanding is that EMPLOYEE has not worked for any other CalPERS employer this fiscal year and will not do so during her employment with CITY unless mutually agreed by CITY and EMPLOYEE.

EMPLOYEE will notify CITY in advance if EMPLOYEE intends to perform work for any other CalPERS employer, including any services to be performed as an independent contractor.

8. W AIVER. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

9. ENTIRE AGREEMENT. Thi
s Agreement sets forth the entire Agreement
between the parties hereto and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof.

10. SEVERABI
LITY. The parti es agree that should any provision of this Agreement be declared illegal or invalid by decision of any court of law or administrative agency, all other severable provisions of this Agreement shall nevertheless remain in full force and effect.

12. COUNTERPARTS. Thi s Agreement may be executed in any number of counterparts. Any such counterpart when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same agreement.

13. RECITALS.

The parties agree that the Recitals to this Agreement are true and correct and are incorporated into this Agreement as if set forth here.

IGNATURES ON NEXT PAGE
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CITY OF ALISO VIEJO
By:

David Doyle
City Manager
I, Cindy Collins, agree to this Limited Term Extra Help Services Employment Agreement (CalPERS Retiree), and hereby warrant that I understand and agree with all of the terms and conditions of employment as set forth in this Agreement. Further, I hereby certify to the City of Aliso Viejo that I have not received unemployment insurance payments within the past 12 months arising from work performed as a retiree for any public employer.

By:

Cindy Collins
ATTEST:

By: ______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:

By: ______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE WITH BUDGET:

By: ______________________________
Ann Eifert
Director of Financial Services
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City of Aliso Viejo

AGENDA ITEM
DATE: July 19, 2023
TO: Mayor and City Council
FROM: Lizzy Mendoza, Recreation & Community Services Manager SUBJECT: AMENDMENT TO LICENSE AGREEMENT WITH RENEWABLE FARMS

FOR THE MANAGEMENT AND OPERATIONS OF GOLD COAST FARM

AT ALISO VIEJO RANCH
Recommended Action:

Approve and authorize the City Manager to execute the First Amendment to the License Agreement with Renewable Farms for the management and operations of Gold Coast Farm at Aliso Viejo Ranch.

Fiscal Impact:

The City and Renewable Farms will split Gross Revenue derived from the operations at the farm. The City will receive 10% of all gross revenue, and Renewable Farms will receive 90% of all gross revenue. The total gross revenue for the farm rentals and programming is estimated at $350,000. The City is estimated to receive $35,000 annually.

Renewable Farms will cover the operational costs of the facility and the costs of the utilities for the Farm. The City will continue to fund wireless internet service and Capital Improvement Projects at the farm.

Background:

Aliso Viejo Ranch is a City-owned 7.7-acre parcel that represents the last remnant of the original 22,000-acre Moulton Ranch. At the June 21, 2017, City Council Meeting, the City Council approved the Aliso Viejo Ranch Conceptual Site Plan and building drawings.

On October 18, 2017, the City Council approved Renewable Farms as the agricultural operator at the farm at the Aliso Viejo Ranch and authorized the City Manager to negotiate the terms and conditions of an agreement. The original License Agreement was approved on June 17, 2020, by the City Council and allowed for ten years with two options to extend for additional five-year terms, for a total of twenty years. 149

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Discussion:

Renewable Farms was established in 2008 as a non-profit organization with a mission to help people grow food for a healthier, sustainable lifestyle. Since 2020, Renewable Farms has managed Gold Coast Farm and demonstrated sustainable agriculture for community and educational purposes, provided volunteer opportunities to the community, and managed Gold Coast Farm as an event venue for weddings and other private events.

Operations at the farm at Aliso Viejo Ranch is supported by revenue from hosting private events on the site. Private events are charged hourly rates as set forth in the License Agreement fee schedule. In addition to private events, the farm hosts City events, community workshops, volunteer opportunities, and classes annually. Revenue for the farm will be collected by the City and distributed to Renewable Farms monthly.

The previous License Agreement allowed for Renewable Farms to be entitled to the first $100,000 of net revenue. The year-end reconciliation determined the net revenues at the farm by deducting total farm expenditures from the total revenue collected, and the City and Renewable Farms equally shared the net revenue above $100,000.

The new License Agreement will require Renewable Farms to be responsible for all farm expenditures, including utilities, payroll, janitorial costs, and maintenance of the farm.

The City will provide and pay for dedicated wireless internet services to the farm. All Capital Improvement Projects will remain in the City’s sole control and discretion, and all costs and expenses of Capital Improvement Projects will be paid for by the City. All other improvements to the farm will require prior approval by the City. The City shall have the right to audit financial records and the maintenance and repair of the farm to ensure that Renewable Farms shall keep and maintain the proper records and that the farm is in good condition.

In addition, Gold Coast Farm hours will be expanded to offer additional time for residents and the community to enjoy the farm. Guests will be able to enjoy Gold Coast Farm for a total of 30 public hours per week; this is an increase of 12 hours. Wedding events will also be permitted on Fridays during the months of April through July and will continue to be offered on Saturdays throughout the year. Large events will continue to be offered on Fridays and Saturdays. No additional changes were made to the type of events, sound restrictions, or timeline of the events at the farm.

The term of the agreement shall continue for seven years with two options to extend for additional two-year terms, for a total of eleven years.

City Attorney:

The City Attorney reviewed and provided comments, which have been incorporated into the agreement.

Attachment:

1. License Agreement Amendment
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City of Aliso Viejo

AGENDA ITEM
DATE: July 19, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
Rose Rivera, Senior Planner
SUBJECT: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES, INC. FOR CDBG ADMINISTRATIVE SERVICES Recommended Actions:

Authorize a First Amendment to the Professional Services Agreement with Mike Linares, Inc. to increase total compensation by $30,000.

Fiscal Impact:

The U.S. Department of Housing and Urban Development (“HUD”) allocates annual CDBG funds to the City. The CDBG program allows a maximum of 20 percent of the annual grant to be used for program administrative costs, including City staff and consultant time. In 2022, the City Council approved an agreement in the amount not to exceed $82,500 over three years. This amendment is to increase total compensation by $30,000 for a total of $112,500 to include the cost of preparing the 5-year Consolidated Plan as required by HUD. The increased compensation amount will be covered by the CDBG grant.

Discussion:

On June 15, 2022, the City Council approved a three-year Professional Services Agreement with Mike Linares, Inc. (July 1, 2022 through June 30, 2025) to provide CDBG administrative services in the amount not to exceed $27,500 per year for a total compensation amount of $82,500. While the approved scope of services included the preparation of a 5-year Consolidated Plan, the associated cost of $30,000 was not reflected in the total compensation amount. The proposed first amendment is to include the additional $30,000 to cover the cost of the one time, 5-year Consolidated Plan.

Attachment:

1. Original Agreement

2. First Amendment to the Agreement
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60367.01100\33489405.1
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CITY OF ALISO VIEJO

FIRST AMENDMENT TO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE

SERVICES AGREEMENT

1. PARTIES AND DATE.

This First Amendment to the COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE SERVICES AGREEMENT (“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 MIKE LINARES, INC., a CALIFORNIA CORPORATION, (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 A
greement . The Parties entered into an agreement entitled COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE SERVICES AGREEMENT dated JUNE 16, 2022 (“Agreement”).

2.2 First Amendment. The Parties now desire to amend the Agreement in order to increase the total compensation under the Agreement by THIRTY THOUSAND Dollars ($30,000).

3. TER MS.

3.1 F ees .

Section 3.3.1 of the Agreement is hereby amended to read as follows: “Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall be TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS annually, plus THIRTY-THOUSAND DOLLARS for the preparation of the Five - Year Consolidated Plan, for a total compensation of ONE HUNDRED TWELVE AND FIVE HUNDRED DOLLARS ($112,500).

3.2 D
eclaration 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 First Amendment.

3.3 Continuing Effect of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect. 220
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From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

3.4 A dequate 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 First Amendment.

3.5 Counterparts. This First 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 FIRST AMENDMENT TO COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) ADMINISTRATIVE SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND MIKE LINARES, INC.

IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this ____ day of __________, 2023.

CITY OF ALISO VIEJO
A
pproved:

B
y:

David Doyle
City Manager
A
TTEST:

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

PROVED AS TO COMPLIANCE

WITH BUDGET
By:

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

Its:

Printed Name:

B
y:

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:

T
o 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
224
60367.01100\33489405.1
A-1

EXHIBIT “A”

TO FIRST AMENDMENT TO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE

SERVICES AGREEMENT

SCOPE OF SERVICES
225
Scope of Work
Mike Linares has reviewed the City's Scope of Work and is prepared to undertake all of the listed duties with two exceptions:

Under the direction of City staff, Mike Linares, Inc. will provide CDBG Administration Services, including but not limited to the following:

1. Provide general CDBG program administration services and technical support under the direction of the Community Development Director.

2. Assist with the developing, implementing, and administering of eligible CDBG programs under the direction of the Community Development Director.

3. Provide a schedule for all HUD requirements to ensure all programs are in place.

4. Prepare and submit reports and plans on an annual basis for the CDBG program, including:

A. Year 1 (FY22-23): FY21-22 Consolidated Annual Performance Report (CAPER) and the 2023-2027 Consolidated Plan, including the FY23-24 Annual Action Plan (AAP) B. Year 2 (FY23-24): FY22-23 CAPER and FY24-25 AAP
C. Year 3 (FY24-25): FY23-24 CAPER and FY25-26 AAP

5. Provide annual service-provider on-site monitoring.

6. Assist with preparing agendas, staff reports, and recommendations for City Council and other special meetings.

7. Review applications and projects for compliance with the National Environmental Protection Act (NEPA).

8. Assist City Staff in maintaining information on the Integrated Disbursement and Information System (IDIS) and assisting with the voucher/draw-down requests.

9. Represent the City at various agency and organization meetings. Attend meetings of the City Council, City staff, public officials, community leaders, developers, contractors, and the general public as requested by City staff.

10. Facilitate communication between the City of Aliso Viejo and HUD.

11. Generate monthly status reports as necessary or requested.

12. Prepare and implement all public outreach programs and public participation under the CDBG program.

13. Coordinate or facilitate finance-related requirements between the City of Aliso Viejo and HUD.

14. Assist City staff in helping to ensure public works projects using CDBG funds comply with HUD regulations (Note: Mike Linares does not provide federal labor standards compliance services).

15. Provide general program administration and CDBG technical support. 9 226
■ Annual Action Plan: The Annual Action Plan is the yearly expenditure plan for using CDBG funds. To undertake this process, the consultant will work closely with City staff to determine which projects and programs will be funded with CDBG. ■ IDIS Set-up/Uploading: Upon completion and approval of the ConPlan by the Aliso Viejo City Council, Mike Linares, Inc. will set-up and upload the ConPlan and Annual Action Plan in 1D1S; this will complete the initial stage of the process. HUD's CPD Representative assigned to the City will review the submitted ConPlan and may request additional information or modifications or approve the document.
8 227
60367.01100\33488377.1
EXHIBIT "B"

SCHEDULE OF SERVICES
B-1
228
CDBG Administration: With respect to program implementation, it is important to note that the administration of the CDBG programs is cyclical. At certain times of the grant cycle, extra time and resources are required to complete tasks (e.g., coordinating the annual public service grant allocation process and preparing the Action Plan and CAPER). Below is an outline of the typical implementation schedule for a HUD program year.

MONTH
July

CDBG -PROGRAM RELATED TASK
• Start of Program Year - Setup CDBG activities in IDIS • Begin to collect & report data for the year-end report • Prepare public service grant agreements and related materials • Prepare NEPA reviews
• Collect and report program data for the year-end report August • Coordinate year-end financial data with City Finance Department • Prepare draft CAPER
• Coordinate public review of CAPER
September • Final CAPER
October
November
December
January
February
• Submit CAPER to HUD
• Prepare new grant year CDBG application
• Solicit housing and non-housing programs/projects for CDBG funds • Distribute CDBG funding applications to sub-recipients & City departments • Receive & review funding requests
• Prepare draft CDBG expenditure plan
• Mid-year budget reviews and adjustments
• Hold required public review/meetings for the proposed use of HUD funds • Draft annual Action Plan
6 229
MONTH
March
April
May
June
Ongoing

CDBG -PROGRAM RELATED TASK
• Draft annual Action Plan
• Committee/Commission meetings
• Committee/Commission meetings
• Assist with preparation of agenda report for City Council Action Plan approval
• Submit Action Plan to HUD
• Prepare grant agreements for the new program year
• Monitor subrecipients
• Closeout program year
• Prepare grant agreements for the new program year
• Monitor subrecipients
• Prepare for year-end reporting
• Prepare various HUD-related quarterly, semi-annual and annual reports Mike Linares' approach is to make sure the steps outlined above are implemented in a timely manner with the assistance and support of City staff and sub-recipients early in the program implementation process to ensure efficient and effective utilization of CDBG resources.

Consolidated Plan Preparation: Several steps will be necessary to initiate and complete the process:
• Citizen Participation: A significant portion of the Con Plan is dedicated to outlining the actions the City will take to obtain the input of residents and stakeholders during the preparation of the ConPlan. Community meetings, community surveys, focus groups, and public hearings are examples of actions utilized by communities. In consultation with City staff, Mike Linares, Inc. will identify existing data sources that can be utilized to prepare this section of the ConPlan.
• Research and Analysis: The ConPlan content and format are dictated mainly by HUD's eConPlan template; however, additional data collection and analysis are required to complete the template. Mike Linares, Inc. will utilize existing data sources to augment data provided by HUD to complete applicable ConPlan narratives and tables. • Strategic Annual Plan: The Strategic Plan portion of the Con Plan establishes program and multi-year goals to address priority housing and community needs. The Strategic Plan will establish the general categories of programs and activities the City will undertake to meet priority needs. Mike Linares, Inc. will prepare applicable sections of the ConPlan in consultation with City staff to complete strategic five-year and annual activity goals. 7 230
60367.01100\33489405.1
B-1

EXHIBIT “B”

TO FIRST AMENDMENT TO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE

SERVICES AGREEMENT

COMPENSATION
231
Cost Proposal
Mike Linares, Inc's proposed cost for CDBG program administrative services is based on an average of six hours per week or approximately 250 hours per year. At an hourly rate of $110.00, a not to exceed contract amount of $27,500 is proposed. This amount includes a flat rate to prepare the Annual Action Plan ($7,500) and the CAPER ($8,500). All rates are subject to an annual revision (at a time fitting for the City's budget preparation process). The adjustment will be based on the Consumer Price Index (CPI) published by the U.S. Department of Labor Statistics.

The proposed cost for the preparation of the 2023-2027 Consolidate is summarized below:
2023-2027 CONSOLIDATED PLAN PREPARATION TASKS COSTS

DOCUMENT PREPARATION TASKS
• Review/Revise Citizen Participation Plan & Prepare
Applicable Section of the Consolidated Plan
• Prepare Housing Market Analysis
• Prepare Housing & Community Needs Assessments
• Prepare Strategic Plan
• Meeting(s) & Public Hearing(s)
• Prepare Annual Action Plan *

SUB-TOTAL

CON PLAN RELATED TASKS
• HUD Required Revisions
• Obtain/Prepare /Analyze Community Needs (i.e.,
community survey, existing data sources, etc.)**
• Reprographics & Miscellaneous Expenses (cost +10%) ** Sue-TOTAL

NOT TO EXCEED FIXED PRICE
$2,500
$5,750
$5,750
$6,000
$1,500
$5,000
$26,500
NA
$3,000
$500
$3,500
$30,000
* Preparation of the FY 23-24 Annual Action Plan is included as a cost of preparing the Consolidated Plan and will not be billed as an annual program administration cost for FY 23-24. General FY 23-24 CDBG program administration will be billed at the agreed-to hourly rate for hours dedicated to regular program administration - approximately $12,500.
** If needed and with prior staff approval.
232
City of Aliso Viejo

AGENDA ITEM
DATE: July 19, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: EIGHTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT & ASSOCIATES, INC. TO PROVIDE ECONOMIC

DEVELOPMENT CONSULTING SERVICES
Recommended Action:

Approve and authorize the City Manager to execute an Eighth Amendment to the Professional Services Agreement with Kosmont & Associates, Inc. for economic development consulting services to extend the term to June 30, 2024.

Fiscal Impact:

Funds for this project are available in the adopted FY 2023-24 budget. There is no increase to the previously approved total compensation.

Background:

In May 2015, the City entered into a professional services agreement with Kosmont & Associates, Inc. (“Kosmont”) to provide economic development advisory services.

Kosmont has and continues to provide market and economic analysis, business attraction and retention strategies, and financial analysis for opportunity sites identified within the City. Most recently, Kosmont has been assisting the City in progressing the Aliso Viejo Town Center Vision Plan and a fiscal impact analysis of the redevelopment of The Commons.

Discussion:

The existing agreement with Kosmont ends on June 30, 2023. Staff is recommending that Kosmont professional services agreement term be extended to June 30, 2024 to further the efforts of the Town Center Vision Plan. No additional appropriation is proposed as the previously approved total compensation amount has not been exhausted and funds are available in the adopted FY 2023-24 budget.

Attachments:

1. Original Professional Services Agreement with Kosmont

2. Eighth Amendment with Kosmont
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236
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CITY OF ALISO VIEJO

EIGHTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

FOR PLANNING CONSULTANT SERVICES

1. PARTIES AND DATE.

This Eighth Amendment to the Professional Services Agreement for Planning Consultant Services (“Eighth Amendment”) is entered into on the ____ day of ________, 2023, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Kosmont & Associates, Inc., dba Kosmont Companies (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 Economic Development Services dated May 21, 2015 (“Agreement”).

2.2 First Amendment. The Parties entered into a First Amendment dated June 1, 2016, to update the scope of services to be provided by the Consultant; provide compensation to Consultant for such additional services; and extend the term provided in Section 3.1.2 of the Agreement.

2.3 Second Amendment. The Parties entered into a Second Amendment dated August 16, 2017, to further update the scope of services to be provided by the Consultant; provide compensation to Consultant for such additional services; and extend the term provided in Section

3.1.2 of the Agreement.

2.4 Third Amendment. The Parties entered into a Third Amendment dated January 16, 2019, to further update the scope of services to be provided by the Consultant; provide compensation to Consultant for such additional services; and extend the term to June 30, 2020.

2.5 Fourth Amendment. The Parties entered into a Fourth Amendment in order to further update the scope of services to be provided by the Consultant provide compensation to Consultant for such additional services; and extend the term provide in Section 3.1.2 of the Agreement.

2.6 Fifth Amendment. The Parties entered into a Fifth Amendment in order to further update the scope of services to be provided by the Consultant; provide compensation to Consultant for such additional services; and extend the term provided in Section 3.1.2 of the Agreement.

2.7 Sixth Amendment. The Parties entered into a Sixth Amendment in order to extend the term to June 30, 2023.

2.8 Seventh Amendment. The Parties entered into a Seventh Amendment to increase the compensation under the Agreement by fifteen thousand dollars ($15,000). 255
60367.01100\33489405.1
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2.9 Eighth Amendment. The Parties now desire to amend the Agreement in order to extend the term to June 30, 2024.

3. TERMS.

3.1 Term. Section 3.1.2 of the Agreement is hereby amended to read as follows: The term of this Agreement shall be from July 1, 2023 to June 30, 2024, unless earlier terminated provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 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 Amendment.

3.3 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Eighth Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Eighth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Eighth Amendment.

3.4 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 Eighth Amendment.

3.5 Counterparts. This Eighth 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.
256
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SIGNATURE PAGE FOR EIGHTH AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR ECONOMIC DEVELOPMENT CONSULTANT SERVICES

BETWEEN THE CITY OF ALISO VIEJO AND KOSMONT & ASSOCIATES IN WITNESS WHEREOF, the parties have executed this Eighth 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
Kosmont & Associates, Inc., dba Kosmont
Companies
[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

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

Name of Business Print Name
Signature
Date
259
EXHIBIT “A”

EIGHTH AMENDMENT TO

AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES

SCOPE OF SERVICES
The scope of services shall include the following economic development programs and activities:

Ongoing Economic Development Advisory
Kosmont will be available to work with the City on Economic Development initiatives such as business attraction, business retention and assisting local businesses.

Kosmont activities will include the update and refinement of previously prepared Citywide and opportunity site marketing collateral and attendance/ coordination of meetings at Innovating Commerce Serving Communities (" ICSC") and/ or other industry conferences as decided by City and Consultant. Kosmont will conduct outreach through phone and email communication, local commercial real estate broker collaboration strategies / meetings, meetings with major landlords, arrangement of site tours, and/ or other recruitment and business retention activities, as deemed appropriate by City and Consultant. These ICSC and local activities and meetings will either be virtual or in person as appropriate.

Consultant will assist the City with pursuit and execution of potential economic incentives, funding sources, and/ or financing structures in the context of potential public- private transactions, such as, but not limited to, special districts / enhanced infrastructure financing districts (" EIFD"), site- specific tax revenue pledges, taxable/ tax exempt) bonds or notes, lease or lease / lease back financing, and/or grants, as appropriate.

Kosmont is available to perform additional economic development and real estate services such as analysis of possible fiscal impacts and economic benefits and/ or project proforma feasibility as requested by the City.
260
EXHIBIT “B”

EIGHTH AMENDMENT TO

AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES

COMPENSATION
Professional Services Hourly Rate
Chairman & CEO $ 455
President $ 385
Senior Vice President $ 350
Vice President $ 225
Senior Project Analyst $ 195
Project Analyst/ Project Research Assistant $ 165
Project Analyst/ Assistant Project Manager $ 125
Project Promotion/ Graphics/ GIS Mapping Services $ 95
Clerical Support $ 70
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/ technological support and related administrative expenses will be charged, which will be computed at four percent (4.0%) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures , such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) If Kosmont retains Third Party Vendor (s) for Client (with Client' s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 4) Consultant's attendance or participation at any public meeting , whether such participation is in person, digital, video and/ or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services hourly) fees as shown on this Exhibit B.

Charges for Court/Deposition/ExpertWitness-Related Appearances Court- related ( non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of

1.5 times scheduled rates, with a 4-hour minimum.

Rates shall remain in effect until June 30, 2024.
261
City of Aliso Viejo

AGENDA ITEM
DATE: July 19, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works / City Engineer SUBJECT: LOT LINE ADJUSTMENT NO. LL 23-01 FOR LOTS 1, 5, AND 6 OF TRACT NO. 16838, CITY OF ALISO VIEJO, VALUEROCK ALISO VIEJO LLC,

VALUEROCK ALISO VIEJO II LLC, LONE MOUNTAIN AZ LLC
______________________________________________________________________ Recommended Actions:

1. Adopt a resolution approving Lot Line Adjustment LL 23-01; and

2. Authorize Staff to record proper documents with the Orange County Recorder.

Fiscal Impact:

There is no fiscal impact.

Background:

Valuerock/Lone Mountain own certain real property in the Aliso Viejo Commons located at Aliso Creek Road, Enterprise, and SR-73. Three (3) existing parcels are impacted by this lot line adjustment.

Discussion:

The subject property is being evaluated by the owners for potential development. The lot line adjustment is required to create a parcel to accommodate this future development.

Three (3) reconfigured parcels will remain after the adjustment.

Staff respectfully recommends approval of the recommended actions.

Attachments:

1. Resolution

2. Site Plan

3. Lot Line Adjustment LL 23-01
262

Page 1 of 3 ends

RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA APPROVING LOT LINE ADJUSTMENT NO. LL
23-01 FOR LOTS 1, 5 & 6 OF TRACT 16838, CITY OF ALISO VIEJO,

VALUEROCK ALISO VIEJO LLC, VALUEROCK ALISO VIEJO II LLC,

AND LONE MOUNTAIN AZ LLC
WHEREAS, the Property Owners of Tract 16383 requested a lot line adjustment of Lots 1, 5, and 6; and
WHEREAS, the City Engineer has determined that Lot Line Adjustment of Lots 1, 5, and 6 of Tract 16838 satisfies the requirements of the City’s Subdivision Ordinance, set forth in Title 14 of the Aliso Viejo Municipal Code; and WHEREAS, the City of Aliso Viejo staff desires the City Council to approve Lot Line Adjustment LL 23-01.

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

SECTION 1. Approval. The City Council of the City of Aliso Viejo hereby finds that Lot Line Adjustment of Lots 1, 5, and 6 of Tract 16838, as submitted by the applicant is in conformance with the following requirements:

A. The proposed lot line adjustment and project design are consistent with the City’s General Plan designation of Town Center Commercial (TCC) and High Density Residential (HDR) for the subject property.

B. The proposed lot line adjustment and project design complies with the Specific Plan No. 2 (SP-2) zone.

Section 2. Certification. The City Clerk shall certify as to the adoption of this Resolution.

Section 3. Recordation. The City Clerk is hereby directed to record a certified copy of this Resolution with the Recorder of the County of Orange. 263

Page 2 of 3 ends

PASSED, APPROVED AND ADOPTED this 19th day of July, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 264

Page 3 of 3 ends

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 ___ day of _______, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
265
STOP

NO PARKING
STOPenterprisesan joaquin hillstransportation corridorALISO CREEK ROADTR. 16838M.B. 894/28LOT 1LOT 5LOT 4LOT 3LOT 2 LOT 6
LOT A
266
LL 23-01
267
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CONTACT: SITETECH, INC.

ADDRESS: P.O. BOX 592 HIGHLAND CA, 92346
PHONE:(909) 864-0850
THIS DOCUMENT CONSISTING OF 11 PAGES WAS PREPARED BY ME OR UNDER MY DIRECTION. _______________________________________________
BERNHARD K .MAYER DATE EXAMINED AND APPROVED FOR THE CITY OF ALISO VIEJO.
_______________________________________________
AMELIA PAULA PEREIRA L.S. 8493

CITY SURVEYOR, CITY OF ALISO VIEJO
DATED THIS ____ DAY OF ___________________ 2023

DATE FILED ZONING
269
THE REAL PROPERTY DESCRIBED HEREIN AND THE DIVISION THEREOF INTO THREE PARCELS AS OF THEDATE OF RECORDATION OF THIS DOCUMENT HAS BEEN DETERMINED TO BE IN COMPLIANCE WITHAPPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA (SECTION 66410 ET.SEQ. OF THE CALIFORNIA GOVERNMENT CODE) AND THE SUBDIVISION CODE OF ORANGE COUNTY, ENACTEDPURSUANT THERETO.THE PARCELS DESCRIBED HEREIN MAY BE SOLD, LEASED, OR FINANCED WITHOUT FURTHER COMPLIANCEWITH THE SUBDIVISION MAP ACT OR ANY LOCAL ORDINANCE ENACTED HERETO. DEVELOPMENT OF THEPARCELS MAY REQUIRE ISSUANCE OF A PERMIT OR PERMITS OR OTHER GRANT OR GRANTS OF APPROVAL.CITY OF ALISO VIEJOSHAUN S. PELLETIER, CITY ENGINEER OF THE CITY OF ALISO VIEJOSHAUN S. PELLETIER, R.C.E. 77109CITY ENGINEER, CITY OF ALISO VIEJO

DATE FILEDZONING
270
PARCEL 1BEING A PORTION OF LOTS 1 AND 6 OF TRACT NO. 16838 IN THE CITY OF ALISO VIEJO, COUNTY OF ORANGE, STATE OFCALIFORNIA, AS SHOWN ON A MAP RECORDED DECEMBER 24, 2007 IN BOOK 894, PAGES 20 TO 24 INCLUSIVE OFMISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF LOT 1, OF SAID TRACT 16838, AND THE NORTHWESTERLYLINE OF ALISO CREEK ROAD (120 FEET WIDE), AS SHOWN ON SAID TRACT;THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1 NORTH 63˚ 29' 18” WEST A DISTANCE OF 63.25 FEET TO THEBEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 102.25 FEET.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03˚ 07' 26”, AN ARC DISTANCE OF 5.57 FEET.THENCE NORTH 66˚ 36' 44” WEST A DISTANCE OF 43.09 FEET.THENCE SOUTH 36˚ 23' 59” WEST A DISTANCE OF 415.43 FEET.THENCE NORTH 53˚ 36' 01” WEST A DISTANCE OF 336.64 FEET.THENCE NORTH 36˚ 15' 38” EAST A DISTANCE OF 282.50 FEET.THENCE NORTH 53˚ 36' 00” WEST A DISTANCE OF 366.95 FEET.THENCE NORTH 09˚ 12' 00” EAST A DISTANCE OF 160.10 FEET.THENCE SOUTH 52˚ 37' 30” EAST A DISTANCE OF 28.34 FEET.THENCE NORTH 37˚ 22' 30” EAST A DISTANCE OF 710.55 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 1;THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 1 THE FOLLOWING COURSES:THENCE SOUTH 24˚ 16' 29” EAST A DISTANCE OF 1.87 FEET.THENCE SOUTH 17˚ 59' 27” EAST A DISTANCE OF 251.70 FEET.THENCE SOUTH 16˚ 30' 52” EAST A DISTANCE OF 152.09 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVENORTHEASTERLY, HAVING A RADIUS OF 400.02 FEET.THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 38˚ 51' 29”, AN ARC DISTANCE OF 271.29 FEET.THENCE SOUTH 55˚ 21' 58” EAST A DISTANCE OF 217.09 FEET TO A POINT, BEING THE BEGINNING OF A NON-TANGENT CURVE,CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2410.00 FEET. A RADIAL LINE FROM SAID POINT BEARS SOUTH 56˚ 11' 32”EAST.THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09˚ 13' 30”, AN ARC DISTANCE OF 388.03 FEETTO THE SAID POINT OF BEGINNING.CONTAINING 13.71 ACRES, MORE OR LESS.SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD.SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 271
PARCEL 2BEING A PORTION OF LOTS 1, 5 AND 6 TRACT NO. 16838 IN THE CITY OF ALISO VIEJO, COUNTY OF ORANGE, STATE OFCALIFORNIA, AS SHOWN ON A MAP RECORDED DECEMBER 24, 2007 IN BOOK 894, PAGES 20 TO 24 INCLUSIVE OFMISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF LOT 1, OF SAID TRACT 16838, AND THE NORTHWESTERLYLINE OF ALISO CREEK ROAD (120 FEET WIDE), AS SHOWN ON SAID TRACT.THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1 NORTH 63˚ 29' 18” WEST A DISTANCE OF 63.25 FEET TO THEBEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 102.25 FEET.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03˚ 07' 26”, AN ARC DISTANCE OF 5.58 FEET.THENCE NORTH 66˚ 36' 44” WEST A DISTANCE OF 43.09 FEET.THENCE SOUTH 36˚ 23' 59” WEST A DISTANCE OF 415.43 FEET.THENCE NORTH 53˚ 36' 01” WEST A DISTANCE OF 300.69 FEET TO THE POINT OF BEGINNING.THENCE CONTINUING NORTH 53˚ 36' 01” WEST A DISTANCE OF 35.95 FEET.THENCE NORTH 36˚ 15' 38” EAST A DISTANCE OF 282.50 FEET.THENCE NORTH 53˚ 36' 00” WEST A DISTANCE OF 366.95 FEET.THENCE NORTH 09˚ 12' 00” EAST A DISTANCE OF 160.10 FEET.THENCE NORTH 82˚ 36' 00” WEST A DISTANCE OF 116.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 6, BEING THEBEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 590.00 FEET. A RADIAL LINE FROM SAIDPOINT BEARS SOUTH 85˚ 37' 57” WEST.THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 20˚ 22' 03”, AN ARC DISTANCE OF 209.73 FEET.THENCE SOUTH 16˚ 00' 00” WEST A DISTANCE OF 89.96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY,HAVING A RADIUS OF 510.00 FEET.THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 64˚ 38' 29”, AN ARC DISTANCE OF 575.39 FEET TOA POINT, BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 600.63 FEET. ARADIAL LINE FROM SAID POINT BEARS NORTH 44˚ 35' 22” WEST.THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09˚ 00' 39”, AN ARC DISTANCE OF 94.46 FEET.THENCE NORTH 36˚ 23' 59” EAST A DISTANCE OF 131.87 FEET TO THE SAID POINT OF BEGINNING.CONTAINING 4.40 ACRES, MORE OR LESSSUBJECT TO ALL COVENANTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD.SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 272
PARCEL 3BEING A PORTION OF LOT 6 OF TRACT NO. 16838 IN THE CITY OF ALISO VIEJO, COUNTY OF ORANGE, STATE OF CALIFORNIA, ASSHOWN ON A MAP RECORDED DECEMBER 24, 2007 IN BOOK 894, PAGES 20 TO 24 INCLUSIVE OF MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY, CALIFORNIA.COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF LOT 1, OF SAID TRACT 16838, AND THE NORTHWESTERLYLINE OF ALISO CREEK ROAD (120 FEET WIDE), AS SHOWN ON SAID MAP.THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1 NORTH 63˚ 29' 18” WEST A DISTANCE OF 63.25 FEET TO THEBEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 102.25 FEET.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03˚ 07' 26”, AN ARC DISTANCE OF 5.58 FEET.THENCE NORTH 66˚ 36' 44” WEST A DISTANCE OF 43.09 FEET.THENCE SOUTH 36˚ 23' 59” WEST A DISTANCE OF 415.43 FEET.THENCE NORTH 53˚ 36' 01” WEST A DISTANCE OF 336.64 FEET.THENCE NORTH 36˚ 15' 38” EAST A DISTANCE OF 282.50 FEET.THENCE NORTH 53˚ 36' 00” WEST A DISTANCE OF 366.95 FEET.THENCE NORTH 09˚ 12' 00” EAST A DISTANCE OF 160.10 FEET TO THE POINT OF BEGINNING.THENCE SOUTH 52˚ 37' 30” EAST A DISTANCE OF 28.34 FEET.THENCE NORTH 37˚ 22' 30” EAST A DISTANCE OF 710.55 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 6;THENCE ALONG SAID NORTHEASTERLY LINE NORTH 24˚ 16' 29” WEST A DISTANCE OF 68.10 FEET.THENCE NORTH 71˚ 12' 04” WEST A DISTANCE OF 11.40 FEET TO A POINT, BEING THE BEGINNING OF A NON-TANGENT CURVE,CONCAVE EASTERLY, HAVING A RADIUS OF 735.00 FEET. A RADIAL LINE FROM SAID POINT BEARS SOUTH 75˚ 06' 04” WEST.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02˚ 14' 35”, AN ARC DISTANCE OF 28.77 FEET.THENCE NORTH 71˚ 10' 00” WEST A DISTANCE OF 50.35 FEET.THENCE SOUTH 37˚ 40' 00” WEST A DISTANCE OF 781.41 FEET TO A POINT, BEING THE BEGINNING OF A NON-TANGENT CURVE,CONCAVE WESTERLY, HAVING A RADIUS OF 590.00 FEET. A RADIAL LINE FROM SAID POINT BEARS SOUTH 83˚ 20' 10” WEST.THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02˚ 17' 47”, AN ARC DISTANCE OF 23.65 FEET.THENCE SOUTH 82˚ 36' 00” EAST A DISTANCE OF 116.73 FEET TO THE SAID POINT OF BEGINNING.CONTAINING 2.52 ACRES, MORE OR LESSSUBJECT TO ALL COVENANTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD.SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 273
enterprise
san joaquin hillstransportation corridor

ALISO CREEK ROAD
LOT 1LOT 6
LOT 5
TR. NO. 16838M.M. 894/20
274
san joaquin hillstransportation corridor
ALISO CREEK ROADTR. 16838M.B. 894/28LOT 1
LOT 5LOT 3LOT 2LOT A
275
enterpriseALISO CREEK ROADTR. 16838M.B. 894/28LOT 1LOT 5LOT 4LOT 2 LOT 6
LOT A
276
san joaquin hillstransportation corridorALISO CREEK ROADTR. 16838M.B. 894/28LOT 1LOT 5 LOT 2
LOT 6
LOT A
277

278
City of Aliso Viejo

AGENDA ITEM
DATE: July 19, 2023
TO: Mayor and City Council
FROM: David A. Doyle, City Manager
SUBJECT: RESOLUTION SUPPORTING ASSEMBLY CONSTITUTIONAL
AMENDMENT (ACA) 12 RELATING TO CONTROLLED SUBSTANCES
_____________________________________________________________________ Recommended Action:

Adopt a Resolution supporting Assembly Constitutional Amendment (ACA) 12 relating to controlled substances.

Fiscal Impact:

There is no fiscal impact associated with adopting the proposed resolution.

Background:

The entire United States, including California, is experiencing an opioid epidemic resulting in an ever-increasing number of overdose deaths. Nearly two -thirds of these overdose deaths are due to fentanyl.

Fentanyl is an extremely potent synthetic opioid 50 times stronger than heroin and 100 times stronger than morphine and can be fatal even in small doses. In 2021, fentanyl accounted for nearly 6,000 deaths in California.

Discussion:

In 2023, Assembly Bill 44, also known as Alexandra’s Law, introduced by Senator Tom Umberg (D-Santa Ana), and co-authored by more than 20 California State Senators from both parties, was introduced in the California Senate. This bill would require courts to advise individuals convicted of fentanyl sales and manufacturing -related offenses that subsequent offenses could result in a charge of voluntary manslaughter or murder.

California currently has a policy requiring courts to provide similar information to individuals convicted of driving under the influence.

Despite the bi-partisan nature of the bill and the support of many State Senators, a select few members of the California Senate Public Safety Committee effectively killed the bill 279
on April 25, 2023. The action by this Committee prevents the proposed legislation from being voted on by the California Senate.

As a result, Assemblymember Diane Dixon (R-Newport Beach) co-authored Assembly Constitutional Amendment (ACA) 12, which if approved will place the matter on a future ballot to be decided by the people of California rather than a few select State Senators.

Attachments:

1. Resolution

2. ACA 12 Text
280

Page 1 of 3 ends

RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 12 RELATING TO CONTROLLED SUBSTANCES
WHEREAS, fentanyl is an extremely potent synthetic opioid 50 times stronger than heroin and 100 times stronger than morphine; and
WHEREAS, illicit fentanyl is found in many different drugs including counterfeit prescription pills sold online, medication legally sold in Mexico, cocaine, and methamphetamine among others because it makes these drugs cheaper to make, more addictive, and more powerful; and
WHEREAS , in 2022, the U.S. Drug Enforcement Administration (DEA) seized more than fifty million fentanyl-laced, fake prescription pills, more than double the amount seized the prior year and over 50% contained lethal amounts of fentanyl; and WHEREAS, the use of fentanyl has become an epidemic in the United States and devastated hundreds of thousands of families throughout the United States; and WHEREAS, the COVID-19 pandemic exacerbated this epidemic, with overdose deaths reaching record levels in 2021 with over 1,500 people dying each week in the U.S. from opioid overdoses, with fentanyl accounting for approximately two-thirds of these deaths ; and
WHEREAS, in 2021, the death toll from opioid overdoses in the United States surged to 80,411, which is more than ten times the number of U.S. military service members killed in the post- 9/11 wars in Iraq and Afghanistan; and WHEREAS, in 2021, fentanyl overdose deaths of children and teens were 30 times higher than in 2013; and
WHEREAS, in 2021, according to the California Department of Public Health, fentanyl overdoses in California accounted for nearly 6,000 deaths; and WHEREAS, Senate Bill 44 (known as Alexandra’s Law), a bipartisan measure with more than 20 Senate co-authors, would require the courts to advise individuals convicted of fentanyl sales and manufacturing-related offenses that subsequent offenses could result in a charge of voluntary manslaughter or murder; information California currently requires individuals convicted of driving under the influence be provided; and WHEREAS, Senate Bill 44 was killed by the Senate Public Safety Committee on April 25, 2023, which prevented the bi-partisan bill supported by a majority of California senators from being voted on the Senate floor, pre-empting any consideration of the legislation by the California Senate; and
281

Page 2 of 3 ends

WHEREAS, the Aliso Viejo City Council is deeply concerned about the devastating effects of fentanyl on families in the United States, California, and our own community;

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

SECTION 1. There is an urgent need for legislative action to address the fentanyl crisis and the City Council supports Assembly Constitutional Amendment (ACA) 12.

SECTION 2. To encourage members of California’s Senate Public Safety Committee, all other California State Legislators, and Governor Gavin Newsom to support Assembly Constitutional Amendment (ACA) 12.

PASSED, APPROVED AND ADOPTEDthis 19th day of July, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 282

Page 3 of 3 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
283
SHARE THIS:

ASSEMBLY CONSTITUTIONAL

AMENDMENT
NO. 12
ACA-12 Controlled substances. (2023-2024)
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Members Dixon, Alanis, and Joe Patterson (Coauthors: Assembly Members Chen, Megan Dahle, Davies, Essayli, Flora, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Petrie-Norris, Sanchez, Ta, Waldron, and Wallis)
(Coauthors: Senators Alvarado-Gil, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, and Wilk)
June 05, 2023
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 33 to Article I thereof, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST
ACA 12, as introduced, Dixon. Controlled substances.

Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, import, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics.

This measure would require a criminal court to advise a person who is convicted of, or who pleads guilty or no contest to, the above-described crimes, as specified, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide.

The measure would require the court to read the advisory statement in a case in which the defendant exchanged a controlled substance containing fentanyl or its analogs for anything else of value, as specified. The measure would require the advisory statement to be included in a plea form, if used, and specified on the record. The measure would require that the fact the advisory was given be recorded in the abstract of conviction and would prohibit the advisement from being used as evidence in the prosecution of a minor in juvenile court.

Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 284
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023–24 Regular Session, commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

That Section 33 is added to Article I thereof, to read:

SEC. 33. (a) The people shall have the right to be free from the dangers of poisoning from illicit and counterfeit substances. Fentanyl and other dangerous drugs pose a significant risk to public safety. The defendant in a criminal cause has the right to be informed of the dangers and potential legal consequences of selling, manufacturing, transporting, or administering illicit and counterfeit drugs. (b) A criminal court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of possessing for sale or purchasing for purposes of sale any controlled substance, transporting, importing, selling, or administering a controlled substance, offering to transport, import, sell, or administer a controlled substance, attempting to transport, import, sell, or administer a controlled substance, or manufacturing, compounding, converting, producing, deriving, processing, or preparing a controlled substance, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, of the following:
“You are hereby advised that all illicit drugs and counterfeit pills are dangerous to human life and become even deadlier when they are, sometimes unknowingly, mixed with substances such as fentanyl and analogs of fentanyl. People can and have died from these substances, even in very small doses. It is extremely dangerous and deadly to human life to sell or administer drugs, in any form, when not lawfully authorized to do so. If you do so in the future and a person dies as a result of that action, and you knew or should have known that the substance you provided contained fentanyl or a fentanyl analog, you may be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. In addition, this conviction will be considered by a judge or jury as to whether you knew or should have known that the substance you provided to the decedent contained fentanyl or a fentanyl analog.” The court shall additionally read the advisory statement in a case in which the person exchanged a controlled substance containing fentanyl or its analogs for anything else of value, except when the controlled substance containing fentanyl or its analogs is exchanged for a controlled substance or alcohol. (c) The advisory statement shall be included in a plea form, if used, or the fact that the advisory was given shall be specified on the record.
(d) The fact that the advisory was given shall be recorded in the abstract of the conviction. (e) This advisement may not be used as evidence in the prosecution of a minor in juvenile court. 285
City of Aliso Viejo

AGENDA ITEM
DATE: July 19, 2023
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: SELECTION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA

CITIES GENERAL ASSEMBLY
Recommended Action:

Designate a voting delegate and up to two alternates for the League of California Cities General Assembly to be held on September 22, 2023 at the Sacramento SAFE Credit Union Convention Center.

Fiscal Impact:

Conference registration is required at a cost of $350 for one-day registration or $650 for full conference registration. Funds for City Council travel and training expenditures have been included in the FY 2023-24 Budget.

Background:

This year’s League of California Cities Annual Conference will be held September 20-22, 2023, at the Sacramento SAFE Credit Union Convention Center. The General Assembly is scheduled for Friday, September 22, at 8:30 a.m. and is held to allow the membership to consider and act on League resolutions that establish League policy. In order to vote at this meeting, the City Council must designate a voting delegate. The Council may appoint up to two alternates, one of whom may vote in the event that the voting delegate is unable to serve in that capacity.

Discussion:

The voting delegate and alternate(s) must be registered to attend the conference. At least one must be present at the General Assembly and in possession of a voting card in order to cast a vote. Additional instructions are outlined in the attached correspondence from the League of California Cities regarding this process and the voting procedures. Voting cards may be transferred between the delegate and the alternate(s) only. They are not transferable to another City official.
286

Page 2 of 2 ends

Staff is recommending Council designate one voting delegate and up to two alternates.

The League of California Cities has requested submittal of the Voting Delegate/Alternate Form by August 28, 2023.

Attachment:

1. Memo from League of California Cities
287
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
L
eague of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Ev
ery year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Tak
ing place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To ca
st a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Pl
ease complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New
this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Act
ion by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Pl
ease note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
288

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

289

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

290
CITY: ________________________________________
202
3 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND

ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to

designate the voting delegate and alternate(s).

Na
me: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
291
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 292

Aliso Viejo City CouncilJuly 19, 2023

Aliso Viejo City Council
July 19, 2023