1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, AUGUST 16, 2023
6:00 PM CLOSED SESSION
7:00 PM REGULAR MEETING
City Hall
Council Chambers
12 Journey
Aliso Viejo, CA
Mayor Richard W. Hurt
Mayor Pro Tem Mike Munzing
Councilmember Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan
WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form 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 to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425-2505 at least 48 hours prior to the meeting.
Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the 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
1 2
PLEASE SILENCE ALL CELL PHONES AND OTHER
ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION
CALL TO ORDER: CONVENE SPECIAL MEETING
PUBLIC COMMENTS:
CLOSED SESSION:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 89 Playa Circle, #R, Aliso Viejo, CA 92656; APN: 934-53-777 Agency Designated Negotiators: City Manager and Community Development Director Negotiating Parties: City of Aliso Viejo, Aliso Viejo Community Association and their authorized legal counsel/representatives
Under Negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Cases: 1
Case Name: Geetanjali “Gina” M. Tharani v. City of Aliso Viejo, et al.
Case Number: 30-2022-01252489-CU-WT-CJC
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) Number of Potential Cases: 1
CALL TO ORDER: CONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1. BUSINESS OF THE MONTH - CODE NINJAS
Certificate of Recognition
2 3
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
3. COMMUNITY INPUT:
Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed. Comments are limited to three (3) minutes per speaker.
4. CONSENT CALENDAR:
All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.
4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the July 19, 2023 Special Meeting and July 19, 2023 Regular Meeting.
Draft Minutes - July 19, 2023 Special Meeting
Draft Minutes - July 19, 2023 Regular Meeting
4.3. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between July 7 and August 3, 2023, in the amount of $2,278,604.27.
Staff Report
Attachment 1 - Accounts Payable Report
4.4. TREASURER’S STATEMENT – JUNE 2023
Recommended Action: Receive and file the June 2023 Treasurer’s Statement.
Staff Report
Attachment 1 – June 2023 Treasurer’s Statement
4.5. COOPERATIVE AGREEMENT WITH OCTA FOR THE COUNTY WIDE SIGNAL
SYNCHRONIZATION BASELINE PROJECT
Recommended Action: Authorize the City Manager to execute the cooperative agreement with the Orange County Transportation Authority (OCTA) for a Countywide Signal Synchronization Baseline Project at a future da te upon OCTA General Counsel signing the agreement.
3 4
Staff Report
Attachment 1 - Agreement
4.6. FIRST AMENDMENT TO THE AGREEMENT WITH HARTZOG & CRABILL, INC. FOR
ON-CALL TRAFFIC ENGINEERING SERVICES FOR TRAFFIC SIGNAL OPERATIONS Recommended Action:
1. Approve a first amendment to the agreement with Hartzog & Crabill, Inc. (HCI ) to perform traffic engineering services for traffic signal operations that increases the total compensation under the agreement by $30,000 for a total compensation amount of $105,000; and
2. Authorize the City Manager to execute the first amendment to the agreement.
Staff Report
Attachment 1 - Agreement Amendment
4.7. AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) APPLICATION
SUPPORT SERVICES
Recommended Action: Approve and authorize the City Manager to sign a Professional Services Agreement with J.R. Dira for Geographic Information System (GIS) support services for a period of three years in an amount not to exceed $75,000.
Staff Report
Attachment 1 - Agreement
4.8. AGREEMENT FOR ENTERPRISE LAND MANAGEMENT MAINTENANCE AND
SUPPORT SERVICES
Recommended Action: Approve and authorize the City Manager to execute a Professional Services Agreement with Go Live Technologies, Inc., for Enterprise Land Management System (ELM) related maintenance and support for a period of two years in an amount not to exceed $140,000.
Staff Report
Attachment 1 - Agreement
4.9. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH RDA,
LLC FOR PLANNING CONSULTANT SERVICES
Recommended Action: Approve and autho rize the City Manager to execute a second amendment to the Professional Services Agreement with RDA, LLA to increase the total compensation by $65,000.
Staff Report
Attachment 1 - Agreement Amendment
4.10. SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR STC TRAFFIC, INC. FOR ON-CALL TRAFFIC ANALYSIS
Recommended Action: Approve and authorize the City Manager to execute a second amendment to the professional services agreement with STC Traffic, Inc. to increase the compensation amount by $50,000 for a total compensation amount of $100,000.
Staff Report
Attachment 1 - Agreement Amendment
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5. PUBLIC HEARINGS:
5.1. REQUEST TO APPROVE SITE DEVELOPMENT AND CONDITIONAL USE PERMITS (SDP-2023-00002 AND USE -2023-00008) FOR THE CONSTRUCTION OF A TWO - STORY CLASSROOM BUILDING AND SITE IMPROVEMENTS.
Recommended Action:
1. Open and conduct a public hearing;
2. Find that the request is consistent with the California Environmental Quality Act (CEQA) pursuant to CEQA Sections 15314, 15070 to 15075, 15097, 15164; and
3. Adopt a Resolution approving Site Development and Conditional Use Permits (SDP - 2023-00002 and USE -2023-00008) for the construction of a two -story classroom building and site improvements.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Project Description Letter
Attachment 3 - Project Plans
Attachment 4 - Presentation
6. DISCUSSION:
None.
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is September 6, 2023.
5 Certificate of Recognition
Presented to
CODE NINJAS
Aliso Viejo
Business of the Month
August 2023
Presented this 16th day of August 2023
Richard Hurt, Mayor
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Special Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
SPECIAL MEETING
July 19, 2023, 6:00 P.M.
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Hurt called the Special Meeting of the City Council of the City of Aliso Viejo to order at 6:00 p.m.
ROLL CALL:
PRESENT: MAYOR RICHARD W. HURT
MAYOR PRO TEM MIKE MUNZING
COUNCILMEMBER ROSS CHUN
COUNCILMEMBER MAX DUNCAN
ABSENT: COUNCILMEMBER TIFFANY ACKLEY
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY
PUBLIC COMMENTS:
None.
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) Number of Potential Cases: 1
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
REPORT FROM CLOSED SESSION:
City Attorney Scott Smith stated no reportable action was taken. 7
Special Meeting Minutes
ADJOURNMENT: Mayor Hurt adjourned the meeting at 6:56 p.m. to the July 19, 2023 Regular Council Meeting.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC RICHARD HURT
CITY CLERK MAYOR
8
Regular Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
REGULAR MEETING
JULY 19, 2023, 7:00 P.M.
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 7:00 p.m.
ROLL CALL
PRESENT: MAYOR RICHARD W. HURT
MAYOR PRO TEM MIKE MUNZING
COUNCILMEMBER ROSS CHUN
COUNCILMEMBER MAX DUNCAN
ABSENT: COUNCILMEMBER TIFFANY ACKLEY
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY
MITZI ORTIZ, CITY CLERK
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: Mayor Pro Tem Munzing led the pledge of allegiance.
REPORT FROM CLOSED SESSION:
City Attorney Scott Smith stated there was no reportable action.
1. SPECIAL PRESENTATIONS:
1.1. BUSINESS OF THE MONTH - CHUPÓNCITO MEXICAN COCINA
Mayor Hurt introduced the video and presented the certificate of recognition to Owner Martin Hernandez. Mr. Hernandez expressed his appreciation. 9
Regular Meeting Minutes
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
None.
3. COMMUNITY INPUT:
1. Fred Smoller requested sponsorship of the Orange County Sustainability Decathlon and encouraged residents to volunteer and attend.
4. CONSENT CALENDAR:
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Motion: Mayor Hurt moved and Mayor Pro Tem Munzing seconded to approve the recommended actions. Motion carried 4-0-1, with Councilmember Ackley absent.
4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the June 7, 2023 Special Meeting and June 7, 2023 Regular Meeting.
4.3. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between May 26 and July 6, 2023, in the amount of $1,857,758.39.
4.4. TREASURER’S STATEMENT – MAY 2023
Recommended Action: Receive and file the May 2023 Treasurer’s Statement.
4.5. INVESTMENT POLICY FOR FISCAL YEAR 2023-24
Recommended Action: Adopt Resolution No. 2023-21 approving the Investment Policy for Fiscal Year 2023-24 and rescinding Resolution No. 2022-24 in its entirety.
4.6. RESOLUTION OF COMMUNITY FACILITIES DISTRICT NO. 2005- 01 (GLENWOOD AT
ALISO VIEJO) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023-24
10
Regular Meeting Minutes
City Manager David Doyle responded to questions regarding refinancing of the bonds.
Recommended Action: Adopt Resolution No. 2023-22 of the City Council, 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.
4.7. 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.
4.8. AMENDMENT TO LICENSE AGREEMENT WITH RENEWABLE FARMS FOR THE
MANAGEMENT AND OPERATIONS OF GOLD COAST FARM AT ALISO VIEJO RANCH City Manager David Doyle and Finance Director Ann Eifert responded to questions regarding revenue sharing, expenses, and financial reporting requirements 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.
Motion: Mayor Hurt moved and Mayor Pro Tem Munzing seconded to approve the recommended actions. Motion carried 4-0-1, with Councilmember Ackley absent.
4.9. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES, INC. FOR CDBG ADMINISTRATIVE SERVICES
City Manager David Doyle responded to questions regarding funding of services.
Recommended Action: Authorize a First Amendment to the Professional Services Agreement with Mike Linares, Inc. to increase total compensation by $30,000.
Motion: Mayor Hurt moved and Mayor Pro Tem Munzing seconded to approve the recommended actions. Motion carried 4-0-1, with Councilmember Ackley absent.
4.10. 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. 11
Regular Meeting Minutes
4.11. 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 Action:
1. Adopt Resolution No. 2023-23 approving Lot Line Adjustment LL 23-01; and
2. Authorize Staff to record proper documents with the Orange County Recorder.
Motion: Mayor Hurt moved and Mayor Pro Tem Munzing seconded to approve the recommended actions. Motion carried 3-0-1-1, with Councilmember Chun abstaining and Councilmember Ackley absent.
5. PUBLIC HEARINGS:
None.
6. DISCUSSION:
6.1. RESOLUTION SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 12
RELATING TO CONTROLLED SUBSTANCES
City Manager David Doyle provided an overview.
Recommended Action: Adopt Resolution No. 2023-24 in support of Assembly Constitutional Amendment (ACA) 12 relating to controlled substances.
Motion: Mayor Pro Tem Munzing moved and Councilmember Duncan seconded to approve the recommended actions. Motion carried 4-0- 1, with Councilmember Ackley absent.
6.2. SELECTION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES
GENERAL ASSEMBLY
City Manager David Doyle introduced City Clerk Mitzi Ortiz, who provided an overview.
Staff responded to questions regarding lodging.
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.
Motion: Mayor Hurt moved and Mayor Pro Tem Munzing seconded to appoint Councilmember Chun as voting delegate and Mayor Hurt and Councilmember Duncanas alternates. Motion carried 4-0-1, with Councilmember Ackley absent. 12
Regular Meeting Minutes
7. CITY MANAGER' S REPORT:
City Manager David Doyle announced Shakespeare by the Sea to be held at 7:00 p.m. on August 3, 2023, at Soka University; Movie Night to be held at 6:00 p.m. on August 25, 2023, at Aliso Viejo Middle School; Furry Friends Pet Fair to be held from 9:00 am to 12:00 p.m. on September 9, 2023, at Aliso Viejo Ranch; and City’s response to Orange County Grand Jury Report relating to group homes.
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
Councilmember Chun:
Attended AVCA 4th of July Celebration & Fireworks
Attended Aliso Viejo Chamber of Commerce Field Trip Friday Attended Aliso Viejo Chamber of Commerce Networking Breakfast Attended tour of Webb’s Grainworks
Announced Walk with Ari & Meet the Merchants event
Participated in music club at The Covington
Councilmember Duncan:
Attended AVCA Concert in the Park
Attended Aliso Viejo Chamber of Commerce Field Trip Friday Commented on ANHS soccer program
Attended tour of Webb’s Grainworks
Mayor Pro Tem Munzing:
Attended AVCA 4th of July Celebration & Fireworks
Attended Aliso Viejo Chamber of Commerce Field Trip Friday Mayor Hurt:
Urged e-bike safety
Expressed appreciation to AVCA for installation of trash cans along Aliso Viejo Parkway
9. ADJOURNMENT:
Mayor Hurt adjourned the meeting at 7:34 p.m. to August 2, 2023.
Respectfully submitted: Approved by:
________________________ ________________________
MITZI ORTIZ, MMC RICHARD HURT
CITY CLERK MAYOR
13 City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 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 July 7 and August 3, 2023, in the amount of $2,278,604.27.
Fiscal Impact:
Expenditures in the amount of $2,278,604.27.
Background:
The City issues accounts payable checks on bi-weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.
Discussion:
The attached register containing checks and electronic funds transfers between July 7 and August 3, 2023, for a total of $2,278,604.27 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed in accordance with the fiscal year budget by the Director of Financial Services.
Attachment:
1. Accounts Payable Report
14 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
AUG'23 DENTAL & VISION - RCCHOICE BUILDER 170.07
AUG'23 DENTAL & VISION - RHCHOICE BUILDER 111.93
AUG'23 DENTAL - TACHOICE BUILDER 47.64
AUG'23 DENTAL INSURANCECHOICE BUILDER 1,933.76
AUG'23 VISION INSURANCECHOICE BUILDER 313.84
JUN'23 CAPE CORAL SIGNPV MAINTENANCE INC 200.00
DL COMPUTER LOANDANA LEUTHAUSER 3,000.00
2023 PP15 ALT FRI PERS RETIREMENTCALPERS RETIREMENT 20,984.86 2023 PP15 ALT WED PERS RETIREMENTCALPERS RETIREMENT 1,000.82 2023 PP15 ALT THU PERS RETIREMENTCALPERS RETIREMENT 401.29 P#22-11-131_31 TANGLEWOOD_BRIAN'S POOL PLASTERINGBRIAN'S POOL PLASTERING 3,000.00 POOL-2022-00025_31 TANGLEWOOD_BRIAN'S POOL PLASTERBRIAN'S POOL PLASTERING 500.00 BLDC-2022-00064_7 ARGONAUT_AMBRY GENETICSAMBRY GENETICS 1,000.00 BLDR-23-00171_94 RUE DU CHATEAU_GPA CONSTRUCTIONGPA CONSTRUCTION INC 500.00 BLDR-2023-00250_14 CORALWIND_VALLEY VIEW ROOFINGVALLEY VIEW ROOFING 500.00 USE 2022-00011_PLANNING DEPOSIT REFUNDJOANNA GARRETT 4,657.20 AUG'23 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,448.50 AUG'23 CALPERS HEALTH PREMIUMCALPERS HEALTH 24,161.84
AUG'23 HEALTH PREMIUM - RCCALPERS HEALTH 1,815.15
JUN'23 CITY LIGHTS LANDSCAPING - 2ND PLAN CHECKRJM DESIGN GROUP INC 659.00 JUN'23 CAA ENG 2251 26501 ALISO CREEK GRADINGCHARLES ABBOTT ASSOC INC 251.88 JUN'23 ENG 2241 GLAUKOS SITE 1CHARLES ABBOTT ASSOC INC 154.84 JUN'23 CAA ENG 5067 WEBBS GRAINWORKSCHARLES ABBOTT ASSOC INC 151.13 JUN'23 CAA ENG 5004 MNWDCHARLES ABBOTT ASSOC INC 478.55 JUN'23 CAA ENG 5003 COXCHARLES ABBOTT ASSOC INC 75.56
JUN'23 ENG 2247 SUMMIT IV 15-25 ENT. LDSCPNGCHARLES ABBOTT ASSOC INC 50.38 JUN'23 ENG 2230 15-25 ENTERPRISE GRADINGCHARLES ABBOTT ASSOC INC 50.38 JUN'23 CAA ENG 5049 COX UTILITYCHARLES ABBOTT ASSOC INC 50.38 JUN'23 CAA ENG 5005 SCE - SADDLEBACKCHARLES ABBOTT ASSOC INC 50.38 JUN'23 ENG 2243 GLAUKOS SITE 2CHARLES ABBOTT ASSOC INC 645.58 JUN'23 ENG 5057 FERREIRACHARLES ABBOTT ASSOC INC 730.42 JUN'23 ENG 2251 THE COMMONS GRADINGCHARLES ABBOTT ASSOC INC 370.80 JUN'23 ENG 2253 26501 ALISO CREEK LLACHARLES ABBOTT ASSOC INC 125.09 JUN'23 CAA-6 COMPUTER STATIONS LEASE CREDITCHARLES ABBOTT ASSOC INC (300.00) BLDC-2022-00086_20 ENTERPRISE_ESPLANADE BUILDERSESPLANDE BUILDERS INC 1,250.00 SP 7/20/23 RECORDING FEE LLA 23-01US BANK PURCHASING CARD PROGRAM 40.00 70,581.27
CITY COUNCIL
FY22-23 CLASSIC PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 6.00 FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 6.00 JUN'23 CC PHONE LINESAT&T 236.69
DL 6/13 MM MWDOC WATER POLICE FORUM & DINNERUS BANK PURCHASING CARD PROGRAM 125.00 DL 6/19 MM-SOCEC BOARD INSTALLATIONUS BANK PURCHASING CARD PROGRAM 25.00 RC - 5/4/23-5/5/23 SCAG CONF - T&EROSS CHUN 158.51
RH 5/21-23/23 ICSC CONF-T&E REIMBURSEMENTRICHARD HURT III 444.97 RH 5/3-5/5/23 SCAG CONF-T&E REIMBURSEMENTRICHARD HURT III 138.76 AUG'23 HEALTH PREMIUM PEMHCA MINIMUM - RCCALPERS HEALTH 151.00 JUL'23 CC PHONE LINESAT&T 236.61
CITY COUNCIL TOTAL: 1,528.54
CITY MANAGER
FY22-23 CLASSIC PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 6.00 FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 12.00 FY23-24 CALPERS CLASSIC UAL PMTCALPERS RETIREMENT 20,556.53 JUN'23 HR PHONE LINEAT&T 50.35
JUN'23 CM PHONE LINEAT&T 50.35
DD - 5/21/23-5/23/23 ICSC CONF - T&EDAVID DOYLE 118.73
15 Description (Item)Vendor Name Amount
DD- 6/7 CM FASTRACK/TOLL ROADS MONTHLY CHARGESUS BANK PURCHASING CARD PROGRAM 335.00 DD - 5/22 BINIONS REST - ICSC CONF - DD/RH/MD DINUS BANK PURCHASING CARD PROGRAM 257.83 DD - 5/22 PEPPERMILL REST - ICSC CONF - RH/DD LUNUS BANK PURCHASING CARD PROGRAM 76.97 DD- 5/22 WHITTLESEABLUE - CAB - ICSC CONFERENCEUS BANK PURCHASING CARD PROGRAM 15.10 DD - 5/23 CABCO - SNA TO HOME - ICSC CONFERENCEUS BANK PURCHASING CARD PROGRAM 21.60 DL 6/15 RALPHS-WATER FOR OCCMA RETREATUS BANK PURCHASING CARD PROGRAM 23.97 DL 6/14 RALPHS-CHIPS FOR CM/TC MEETINGUS BANK PURCHASING CARD PROGRAM 14.99 DL 6/20 AMAZON-NAMETAGS FOR OCCMA RETREATUS BANK PURCHASING CARD PROGRAM 37.40 DL 6/14 OC WINEMART-LUNCH FOR CM/TC MEETINGUS BANK PURCHASING CARD PROGRAM 86.19 DL 6/20 RALPHS GIFT CARDS FOR OCCMA RETREATUS BANK PURCHASING CARD PROGRAM 200.00 DL 6/01 DOLLAR TREE OCCMA CENTERPIECE VASES-JUNEUS BANK PURCHASING CARD PROGRAM 32.33 DL 5/24 PRO IMPRINT OCCMA SWAG BACKPACKSUS BANK PURCHASING CARD PROGRAM 507.45 AUG'23-PG-HEALTH PREMIUMCALPERS HEALTH 151.00
JUL'23 CM PHONE LINEAT&T 50.34
JUL'23 HR PHONE LINEAT&T 50.34
CITY MANAGER TOTAL: 22,654.47
ECONOMIC DEVELOPMENT
JUL'23 COMMERCIAL REAL ESTATE SUBSCRIPTIONCOSTAR REALTY INFORMATION, INC 395.00 JUN'23 BBK 89 PLAYA CIRCLEBEST BEST & KRIEGER 2,160.38
ECONOMIC DEVELOPMENT TOTAL: 2,555.38
HUMAN RESOURCES
FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 6.00 JUN'23 HR OFFICE SUPPLIESSTAPLES ADVANTAGE 38.22
APR-MAY'23 TB TESTS & EMPLOYEE EXAMS & FLU SHOTSOC FAMILY MEDICINE 860.00 HUMAN RESOURCES TOTAL: 904.22
CITY CLERK
FY22-23 CLASSIC PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 12.00 FY23-24 CALPERS CLASSIC UAL PMTCALPERS RETIREMENT 17,055.99 JUN'23 LEGAL NOTICESCALIFORNIA NEWSPAPERS PARTNERSHIP 694.40 JUN '23 OFFICE SUPPLIES CCSTAPLES ADVANTAGE 100.16
CITY CLERK TOTAL: 17,862.55
CITY ATTORNEY
JUN'23 BBK LITIGATION - CCBEST BEST & KRIEGER 71.60
JUN'23 BBK LEGAL SERVICESBEST BEST & KRIEGER 23,288.00
JUN'23 BBK LABOR/EMPLOYMENTBEST BEST & KRIEGER 1,064.20 JUN'23 BBK LABOR/BENEFITSBEST BEST & KRIEGER 1,032.90
JUN'23 MAJOR GENERAL PLAN UPDATE-SPECIAL PROJECTSBEST BEST & KRIEGER 1,562.40 JUN'23 BBK AIR FREEDOM LANEBEST BEST & KRIEGER 2,638.50 JUN'23 BBK GENERAL LITIGATIONBEST BEST & KRIEGER 926.09 JUN'23 BBK CVRA DEMANDBEST BEST & KRIEGER 19,439.61
JUN'23 BBK - #801 TOWN CTR SPECIFIC PLANBEST BEST & KRIEGER 2,622.60 CITY ATTORNEY TOTAL: 52,645.90
FINANCE
FY22-23 CLASSIC PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 12.00 FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 12.00 AUG'23 ADMIN FEECHOICE BUILDER 35.00
FY23-24 CALPERS CLASSIC UAL PMTCALPERS RETIREMENT 17,621.43 JUL'23 CH CASH COURIER SERVICEGARDAWORLD 476.25
FY 22-23 AUDITING SERVICESDAVIS FARR LLP 5,840.00
JUN'23 OFFICE SUPPLIESSTAPLES ADVANTAGE 531.38
APR-JUN'23 CUSTODIAN CHARGESUS BANK N.A. - CUSTODY 775.75 FY23-24 TYLER MAINT ERP PRO FINANCIALS ANNUAL FEESTYLER TECHNOLOGIES-INCODE DIVISION 19,154.09 AUG'23 CALPERS ADMIN FEECALPERS HEALTH 83.10
AUG'23 CALPERS ADMIN FEECALPERS HEALTH 6.29
MAY'23 PARS REP FEESPARS 300.00
AE 6/28 CA FRANCHISE TAX BOARD FEE - AVPFC RETURNSUS BANK PURCHASING CARD PROGRAM 1.35 AE 7/06 CA FRANCHISE TAX BOARD FEE - AVPFC RETURNSUS BANK PURCHASING CARD PROGRAM 2.33 AE 6/28 CREDIT CARD FEE - ENERGOV ONLINE TESTUS BANK PURCHASING CARD PROGRAM 7.17 AE 6/28 CA FRANCHISE TAX BOARD-FY19-20 AVPFC PENALUS BANK PURCHASING CARD PROGRAM 58.71 AE 7/06 CA FRANCHISE TAX BOARD-FY20-21 AVPFC PENALUS BANK PURCHASING CARD PROGRAM 101.12 APR-JUN'23 INVESTMENT ADVISORY SERVICESFHN FINANCIAL MAIN STREET ADVISORS LLC 3,750.00 FINANCE TOTAL: 48,767.97
16 Description (Item)Vendor Name Amount
INFORMATION TECHNOLOGY
FY22-23 CLASSIC PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 6.00 FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 11.50 FY23-24 CALPERS CLASSIC UAL PMTCALPERS RETIREMENT 10,750.17 JUN'23 EOC PHONE LINESAT&T 107.84
JUN'23 CH 3 MIFIAT&T 80.00
JUN'23 CH 3 MIFIAT&T 83.96
JUN'23 EOC MIFIAT&T 160.96
JUN'23 FLEET COMPLETE GPSAT&T 287.37
MAY'23 ENERGOV & GISJOSE RUEL FABELLA DIRA 1,600.00
JUN'23 ENERGOV & GISJOSE RUEL FABELLA DIRA 2,300.00
JUN'23 CH-ALARM/POTS LINEAT&T 2,210.28
6/15/23 TYLER EPL CASHERING MODULE TRAININGTYLER TECHNOLOGIES-INCODE DIVISION 1,600.00 JUL'23 ACCT#2566 CH AT&T FIBER INTERNETAT&T 1,695.39
JUL'23 EOC PHONES LINESAT&T 107.67
JUL'23 CH 3 MIFIAT&T 163.96
JUL'23 EOC MIFIAT&T 160.96
JUL'23 FLEET COMPLETE GPSAT&T 479.31
FY23-24 SENTINEL ONE WORKSTATION PROTECTIONSHI INTERNATIONAL CORP 7,943.78 VMWARE SUPPORT AND SERVICES 5/28/23 - 6/06/24SHI INTERNATIONAL CORP 1,449.65 FY23-24 NEOGOV SUBSCRIPTIONGOVERNMENTJOBS.COM INC 6,438.14 JUL'23 ACCT#0202 CH CABLE TVCOX COMMUNICATIONS, INC 178.10 JUL'23 ACCT#8802 CH INTERNET-FIBER 600MBCOX COMMUNICATIONS, INC 1,500.00 JUL'23 ACCT#9302 CH SERVER ROOM INTERNETCOX COMMUNICATIONS, INC 85.39 INFORMATION TECHNOLOGY TOTAL: 39,400.43
NON-DEPARTMENTAL
JUN'23 VISTA PARK MAINTENANCEPV MAINTENANCE INC 1,064.31 FY 23-24 ACIP CRIME RENEWALALLIANT INSURANCE SERVICES INC 957.00 JUN'23 VISTA PARK FLOW SENSORNIEVES LANDSCAPE INC 1,309.45 JUN'23 - COPY&BRKRM SUPPL/MBSHP RENEWAL-NON DEPTSTAPLES ADVANTAGE 873.28 7/7/23-COUNCIL MAIL_RCFEDERAL EXPRESS 12.40
MAY'23-8.1 HRS-PIO/MAYORS OUTREACHRK BRANDS, LLC 729.00 JUN'23-8 HRS-PIO/MAYORS OUTREACHRK BRANDS, LLC 720.00
DL 6/13 OFFICE SIGN CO-NAME BADGE & PLATE-JPUS BANK PURCHASING CARD PROGRAM 57.40 FY23-24 ALLOCATION OF LAFCO COSTCOUNTY OF ORANGE 7,341.83 PC 5/24 BAGELS & BREW-LUNCH FOR CPR/AED TRNGUS BANK PURCHASING CARD PROGRAM 428.54 PC 5/31 FRANKS-LUNCH FOR EXEC RETREATUS BANK PURCHASING CARD PROGRAM 173.90 PC 5/31 RALPHS-SNACKS & DRINKS FOR EXEC RETREATUS BANK PURCHASING CARD PROGRAM 77.80 FY23-24 OCCOG ANNUAL DUES & DEMOGR RESEARCH FEEOC COUNCIL OF GOVERNMENTS 8,209.33 JUL'23 VISTA PARK LANDSCAPESERVICESNIEVES LANDSCAPE INC 1,028.96 AUG'23 38 COLONIAL WAY HOA FEESVANTIS MAINTENANCE CORPORATION 374.79 JUL'23 35 PLAYA CIR HOA FEESHARBOR STATION MAINTENANCE 175.00 #535 SELF STORAGEALISO VIEJO SELF STORAGE 900.00
JUL-SEP'23 35 PLAYA CIR MASTER HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 125.12 JUL-SEP'23 38 COLONIAL WAY HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 138.51 LL 7/18 CC DRINKS/CHIPS/DESSERT SMART & FINALUS BANK PURCHASING CARD PROGRAM 73.60 LL 7/18 CC DINNER-SANDWICHES OC WINE MARTUS BANK PURCHASING CARD PROGRAM 241.20 MAY'23 METER#2206VISTA ACCT#64101MOULTON NIGUEL WATER DIST 367.53 MO 7/4 CONSTANTCONTACT-ALISOVIEJONEWSUS BANK PURCHASING CARD PROGRAM 1,041.25 NON-DEPARTMENTAL TOTAL: 26,420.20
C. S. ADMINISTRATION
FY 22-23 COMM SVC ITEMS FOR MEETINGS AND TRAININGSAMAZON CAPITAL SERVICES INC 199.89 FEB-JUN'23 YMCA GRANT 2ND INSTALLMENTYMCA OF ORANGE COUNTY 6,109.44 FY23-24 CAG-TIPTRAUMA INTERVENTION PROGRAMS, INC 6,024.00 JAN-JUN'23 COMMUNITY ASSIST. GRANT 2ND INSTALLMENTSOUTH COUNTY OUTREACH 2,500.00 AUG'23-DP-HEALTH PREMIUMCALPERS HEALTH 151.00
AUG'23-HW-HEALTH PREMIUMCALPERS HEALTH 151.00
FY23-24 REC DEPT-CPRS MEMBERSHIP RENEWALCA PARK & RECREATION SOCIETY DISTRICT X 1,685.00 FALL 2023 COMMUNITY CONNECTIONADVANTAGE MAILING, LLC 12,940.99 EM 7/17 FUN EXPRESS - TREE LIGHTING CRAFTSUS BANK PURCHASING CARD PROGRAM 2,937.51 JNL 7/15 PARTY CITY TREE LIGHTING EVENT SUPPLIESUS BANK PURCHASING CARD PROGRAM 1,099.06 MO 6/30 META ADS-SUMMER CAMPS 2023US BANK PURCHASING CARD PROGRAM 21.08 C. S. ADMINISTRATION TOTAL: 33,818.97
17 Description (Item)Vendor Name Amount
IGLESIA PARK
JUN'23 IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 979.00 JUN'23 IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 15,696.83 JUN'23 IGLESIA PARK VALVE BOX REPLACEMENTNIEVES LANDSCAPE INC 782.33 JUN'23 ACCT#7997 IGLESIA PARKSO CAL EDISON 148.15
JUN'23 IGLESIA PARK TREE REMOVALSGREAT SCOTT TREE SERVICE, INC 4,140.00 JUL'23 IGLESIA LANDSCAPE SERVICESNIEVES LANDSCAPE INC 6,846.00 IGLESIA PARK TOTAL: 28,592.31
IGLESIA BUILDING
JUN'23 IGLESIA PARK CC MAINTENANCEPV MAINTENANCE INC 386.00 JUN'23 PEST CONTROL SERVICES IGLESIA PARKZAPP PEST MANAGEMENT 75.00 JUN'23 ACCT#7997 IGLESIA BLDGSO CAL EDISON 1,906.93
JUL'23 IGLESIA JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 950.00 JUL'23 PEST CONTROL SERVICES IGLESIAZAPP PEST MANAGEMENT 75.00 IGLESIA BUILDING TOTAL: 3,392.93
IGLESIA PARK COMMUNITY CENTER
JUN'23 ELEMENTARY & TEEN KEYSTONE PROGRAMBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 13,144.02 IGLESIA PARK COMMUNITY CENTER TOTAL: 13,144.02
PLANNING
FY22-23 CLASSIC PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 5.50 FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 10.50 FY23-24 CALPERS CLASSIC UAL PMTCALPERS RETIREMENT 12,871.41 JUN'23 JK GB-PLANNING CONSULTING SERVICESCIVIC SOLUTIONS INC 7,400.00 JUN'23 AFFORD. HOUSING CONSULTANT SERVICESREBECCA J CAHA 1,575.00 JUN-JUL'23 AVTC PLANNING CONSULTATION SERVICESBRIAN JAMES CORNELIUS 3,150.00 AUG'23-MF-HEALTH PREMIUMCALPERS HEALTH 151.00
JUN'23 HOUSING ELEMENT CONSULTINGAMBER GREGG NICHOLAS 2,475.00 PLANNING TOTAL: 27,638.41
BUILDING
FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 11.00 FY22-23 BUILDING SCANNING SERVICESECS IMAGING INC 12,396.14 JUN'23 CAA BUILDING SERVICESCHARLES ABBOTT ASSOC INC 52,379.01 SK 10/24/23 CALBO TRAINING FOR CANDY AND SUSANUS BANK PURCHASING CARD PROGRAM 470.00 BUILDING TOTAL: 65,256.15
CODE ENFORCEMENT
DL 6/14 MANHATTAN STITCHING-PLANNING-JP-UNIFORMUS BANK PURCHASING CARD PROGRAM 158.91 JUN'23 CAA CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 9,153.76 CODE ENFORCEMENT TOTAL: 9,312.67
ENGINEERING (GENERAL)
FY22-23 CLASSIC PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 6.00 FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 17.50 FY23-24 CALPERS CLASSIC UAL PMTCALPERS RETIREMENT 8,148.47 JUN'23 PW TABLETSAT&T 120.72
JUN'23 LANDSCAPE INSPECTION SERVICESRICHARD FISHER ASSOCIATES 9,056.87 FY 22-23 SUSTAINABLE COMMUNITIES GRANT ASSISTANCEADVANTEC CONSULTING ENGINEERS, INC 6,818.75 FY 22-23 SUSTAINABLE COMMUNITIES GRANT ASSISTANCEADVANTEC CONSULTING ENGINEERS, INC 3,165.00 JUL'23 PW TABLETSAT&T 120.72
JUN'23 CAA NPDES COSTSCHARLES ABBOTT ASSOC INC 11,954.47 JUN'23 CAA SOLID WASTECHARLES ABBOTT ASSOC INC 4,311.76 JUN'23 CAA PW ENGINEERING-ADMINCHARLES ABBOTT ASSOC INC 2,609.62 KB 7/02 AMAZON-FLUKE NON CONTACT ELECTRICAL TESTERUS BANK PURCHASING CARD PROGRAM 30.06 JAN-JUN'23 JO1P28 CLEAR CREEK MAINT SHARED COSTCOUNTY OF ORANGE 21,495.28 SP 8/07/23 SOCCE AUGUST MEETINGUS BANK PURCHASING CARD PROGRAM 50.00 SP 8/27/23 APWA CONFERENCE REGISTRATIONUS BANK PURCHASING CARD PROGRAM 829.00 ENGINEERING (GENERAL) TOTAL: 68,734.22
STREET MAINTENANCE
JUN' 23 PVM STREET MAINTENANCEPV MAINTENANCE INC 16,783.88 JUN'23 ANHS GRADUATION EVT-PVM SUPPORTPV MAINTENANCE INC 7,025.00 JUN'23 CAA STREET MAINTENANCECHARLES ABBOTT ASSOC INC 2,216.50 STREET MAINTENANCE TOTAL: 26,025.38
LAW ENFORCEMENT-CONTRACT
JUN'23 LAW ENFORCEMENT CONTRACTCOUNTY OF ORANGE 798,643.94 18 Description (Item)Vendor Name Amount
JUN'23 EARLY PAYMENT CREDITCOUNTY OF ORANGE (804.18)
JUN'23 OCSD YEAR END TRUE UPCOUNTY OF ORANGE (504,749.68) JUN'23 IN CAR VIDEOCOUNTY OF ORANGE 7,823.85
JUN'23 BODY WORN CAMERACOUNTY OF ORANGE 13,912.44
JUL'23 LAW ENFRCMNT |BODY CAMERAS | IN-CAR VIDEOCOUNTY OF ORANGE 816,072.59 JUL'23 L.E. EARLY PAYMENT DISCOUNT - 0.25%COUNTY OF ORANGE (2,055.01) LAW ENFORCEMENT-CONTRACT TOTAL: 1,128,843.95
LAW ENFORCEMENT-OTHER
JUN'23 PAL PHONE LINEAT&T 45.33
JUL'23 PAL PHONE LINEAT&T 45.32
PLAQUE & BADGE - S.BAKER & A. VILLANUEVAJ&M TROPHIES INC 51.72 LAW ENFORCEMENT-OTHER TOTAL: 142.37
CRIME PREVENTION
JUL-SEP'23 RENTAL STORAGE UNIT #75ALISO VIEJO SELF STORAGE 1,275.00 CRIME PREVENTION TOTAL: 1,275.00
EOC
JUN'23 EOC OFFICE SUPPLIESSTAPLES ADVANTAGE 261.21
SL 6/22 QR CODE-GENERATOR ACCOUNTUS BANK PURCHASING CARD PROGRAM 166.85 EOC TOTAL: 428.06
GENERAL FUND TOTAL: 1,689,925.37
102 - GEN. FD-CITY HALL
NON-DEPARTMENTAL
JUN'23 PEST CONTROL SERVICES CITY HALLZAPP PEST MANAGEMENT 75.00 JUN'23 ACCT#7189 CITY HALLSO CAL EDISON 8,363.10
MAR'23 MTR#7181 38 COLONIAL CLOSING INV|ACCT#11287MOULTON NIGUEL WATER DIST 22.77 CLEANING REIMBURSEMENTREDNIGHT CONSULTING, INC 860.00
JUL'23 CH JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 3,500.00 JUL'23 PEST CONTROL SERVICES CHZAPP PEST MANAGEMENT 75.00 JUL'23 CH JANITORIAL PRODUCTSGORM, INC 102.80
JUL'23 CH LAMPS FOR 2ND FLOOR - HPS ASSOCCONSOLIDATED ELECTRICAL DISTRIBUTORS, INC 310.32 JUL'23 CH PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00
JUL'23 CH LANDSCAPE SERVICESNIEVES LANDSCAPE INC 678.00 JUL'23 CH-ELEVATOR MAINTENANCETHURSTON ELEVATOR CONCEPTS INC 134.00 JUL-SEP'23 CH MASTER HOA FEESALISO VIEJO COMMUNITY ASSOCIATION 1,787.77 MAY'23 METER#6010 CITYHALL ACCT#65407MOULTON NIGUEL WATER DIST 169.99 MAY'23 METER#7051 CITYHALL ACCT#65408MOULTON NIGUEL WATER DIST 336.23 MAY'23 METER#8510 CITYHALL ACCT#65406MOULTON NIGUEL WATER DIST 166.34 NON-DEPARTMENTAL TOTAL: 16,696.32
GEN. FD-CITY HALL TOTAL: 16,696.32
103 - GF-AV RECREATION SERVICES
REFUND FOR WRONG CARD CHARGEGLENDA SINO-CRUZ 180.00
REFUND FOR WRONG CARD CHARGEGLENDA SINO-CRUZ 20.00
REFUND NON-RESIDENT FEEDAYNA FUHRMAN 10.00
REFUND ADMIN FEEDAYNA FUHRMAN 5.00
REFUND CITY DAY CAMP ENROLLMENTDAYNA FUHRMAN 280.00
REFUND FEEDAYNA FUHRMAN (50.00)
CHECK REFUND - CONTRACT CLASSESJENNIFER ROTTLER 131.00
576.00
RECREATION SERVICES
FY22-23 PEPRA PERS 1959 SURVIVOR BENEFITCALPERS RETIREMENT 37.50 SUMMER2023-RSU073 KARATE-2 PARTICIPANTSWADORYU USA INC 98.00 2/11-4/01 SKYHAWKS MULTISPORT CUSD FACILITY PERMITCAPISTRANO UNIFIED SCHOOL DISTRICT 173.76 JUL'23 AVR CASH COURIER SERVICEGARDAWORLD 413.62
2/19/23-4/2/23 AVMS FACILITY PERMIT SUPER SOCCERCAPISTRANO UNIFIED SCHOOL DISTRICT 554.54 2/5/23-2/19/23 AVMS FACILITY PERMIT BREAKTHRU HOOPCAPISTRANO UNIFIED SCHOOL DISTRICT 11.25 2/12/23-4/2/23 AVMS FACIL PERMIT BREAKTHRU BASKETBCAPISTRANO UNIFIED SCHOOL DISTRICT 26.25 2/19/23-4/2/23 AVMS FACILITY PERMIT TINYJRHSTENNISCAPISTRANO UNIFIED SCHOOL DISTRICT 133.67 JUN'23 PEST CONTROL SERVICES RANCHZAPP PEST MANAGEMENT 95.00 FY 22-23 AV RANCH FACILITY SUPPLIESAMAZON CAPITAL SERVICES INC 273.65 06/08-06/30/23 FACILITY PERMIT CULINARY KIDSCAPISTRANO UNIFIED SCHOOL DISTRICT 251.32 19 Description (Item)Vendor Name Amount
JUN'23 AVR CASH COURIER SERVICE - EXCESSIVE TIMEGARDAWORLD 13.98 JUN'23 REC PHONE LINESAT&T 181.14
JUN'23 REC TABLETSAT&T 40.24
JUN'23 RANCH+FARM JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 5,720.00 JUN'23 RANCH KEY HARDWAREENTRY CONTROL, INC 70.35
APR-JUN'23 RICOH C2500 (AVR)-COPIESRICOH USA 542.69
SUMMER2023-RSU108/106 YOGA-10 PARTICIPANTSJOY E. TORRES 489.60 SUMMER2023-RSU024/001 HIP HOP/BALLET-7 PARTICIPANTKIMBERLY DOWNEY ESMOND 247.80 SUMMER2023-RSU054 POETRY WRITING-5 PARTICIPANTSKIMBERLY KRANTZ 135.00 SUMMER2023-PAK004/PAM004 SWIM CAMP-12 PARTICIPANTSPREMIER AQUATIC SERVICES 2,457.00 SUMMER2023-BCL005 BEACH CAMP-1 PARTICIPANTBEELER AQUATICS, INC 344.32 SUMMER2023-TLP001 PRESCHOOL SPANISH-4 PARTICIPANTSTLP EDUCATION LLC 464.40 SUMMER2023-JAT002 TENNIS CAMP-20 PARTICIPANTSJOHN DAVID ALLEN JR 1,302.00 SUM23-PAE039/022/024/017/020/006/036/042-64 PARTICLAURELINDA HAUKSSON 10,230.60 SUMMER2023-SKY010 GOLF CAMP-10 PARTICIPANTSSKYHAWKS SPORTS ACADEMY, INC 1,056.00 SUMMER2023-PAK005/PAM005 SWIM CAMP-29 PARTICIPANTPREMIER AQUATIC SERVICES 7,346.25 SUMMER2023-SSS005 SOCCER CAMP-6 PARTICIPANTSROUND STAR WEST, LLC 1,144.80 SUMMER2023-CKC004 CULINARY KIDS-27 PARTICIPANTSCULINARY COOKINGS KIDS LLC 3,240.00 SUMMER2023-PWT005/004/006 LEGO-24 PARTICIPANTSTIMOTHY DANA BOWEN 3,708.00 SUMMER2023-TTS004 CAMP STAGE PLAY-7 PARTICIPANTSJENNIFER BALES 885.00 SUMMER2023-RSU162 WATERCOLORS-2 PARTICIPANTSERNA VAN DYK 42.00 SUMMER2023-BIN009/008/007/LATE BIONERD-18 PARTICIBIONERDS 2,505.60 SUMMER2023-OCD005 PRINCESS ACADEMY-7 PARTICIPANTSKIMBERLY DOWNEY ESMOND 625.80 SUMMER2023-CNJ006 CODE YOUR ROBOT-4 PARTICIPANTSM B B & D LLC 542.40 SUMMER2023-BTS005/004 BASKETBALL-13 PARTICIPANTSBREAKTHROUGH SPORTS LLC 1,680.00 SUMMER23-PAE57/72/74/60/45/LATE/LATE/62-47 PARTICLAURELINDA HAUKSSON 6,653.20 SUMMER2023-BCL004 BEACH CAMP-1 PARTICIPANTBEELER AQUATICS, INC 230.40 SUMMER2023-RSU160 WATERCOLORS-2 PARTICIPANTSERNA VAN DYK 42.00 JUN'23 RANCH YARD AREA WEED CLEARINGNIEVES LANDSCAPE INC 620.00 JUN'23 RCS OFFICE SUPPLIESSTAPLES ADVANTAGE 361.36
JUN'23 ACCT #6247 RANCH - ELECTIRCAL UTILITIESSO CAL EDISON 1,898.03 JUN'23 ACCT#4551 FARMSO CAL EDISON 1,097.31
JUN'23 AVR-ALARM/POTS LINEAT&T 736.77
MAY-JUN'23 DRY CLEANING SVCS- 10 LINENS #06-040738PRESS-TIGE ENTERPRISES INC 136.08 MAY-JUN'23 DRY CLEANING SVCS- 9 LINENS #06-042297PRESS-TIGE ENTERPRISES INC 122.47 MAY-JUN'23 DRY CLEANING SVCS- 25 LINENS #06-040329PRESS-TIGE ENTERPRISES INC 340.20 MAY-JUN'23 DRY CLEANING SVCS- 25 LINENS #06-040330PRESS-TIGE ENTERPRISES INC 340.20 MAY-JUN'23 DRY CLEANING SVCS- 26 LINENS #06-040923PRESS-TIGE ENTERPRISES INC 353.81 MAY-JUN'23 DRY CLEANING SVCS- 26 LINENS #06-040289PRESS-TIGE ENTERPRISES INC 353.81 MAY-JUN'23 DRY CLEANING SVCS- 29 LINENS #06-041450PRESS-TIGE ENTERPRISES INC 394.63 MAY-JUN'23 DRY CLEANING SVCS- 2 LINENS #05-042379PRESS-TIGE ENTERPRISES INC 27.22 MAY-JUN'23 DRY CLEANING SVCS- 2 LINENS #05-042179PRESS-TIGE ENTERPRISES INC 25.70 MAY-JUN'23 DRY CLEANING SVCS- 22 LINENS #05-041844PRESS-TIGE ENTERPRISES INC 299.38 JUL'23 ACCT#2566 AVR AT&T INTERNETAT&T 1,009.89
JUL'23 PEST CONTROL SERVICES AVRZAPP PEST MANAGEMENT 95.00 7/5/23 AVR BOTTLED WATER SERVICESDS SERVICES OF AMERICA, INC 79.13 JUL'23 REC TABLETAT&T 40.24
JUL'23 REC PHONE LINESAT&T 181.24
FY 23-24 CIVIC REC ANNUAL RENEWALCIVICPLUS INC 4,500.00 JUL'23 AVR INTERIOR PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 JUL'23 AVR FIRST AID SUPPLIESCINTAS CORPORATION NO. 2 150.79 SUMMER2023-RSU032/006/005GYMNASTICS-16 PARTICIPANTTUMBLE-N-KIDS, INC 1,032.00 SUMMER2023-TTS007/TTS006/RSU004 SONG-18 PARTICIPANJENNIFER BALES 2,037.00 SUMMER2023-RSU028 GUITAR & UKULELE-9 PARTICIPANTSRONALD GORMAN 561.60 SUMMER2023-BTS011 ALL SPORTS CAMP-21 PARTICIPANTSBREAKTHROUGH SPORTS LLC 2,719.80 SUM23-RSU058/061/142/096/099 DANCE-45 PARTICIPANTSCAROLYN WOJCIECHOWSKI 822.00 JUN'23 CUSD TRANSPORTATION - SUMMER CAMPCAPISTRANO UNIFIED SCHOOL DISTRICT 3,318.75 CREDIT-SUMMER2023-BTS011 ALL SPORTS CAMP-1 PARTICIBREAKTHROUGH SPORTS LLC (93.00) SUMMER2023-BTS012 ALL SPORTS CAMP-13 PARTICIPANTSBREAKTHROUGH SPORTS LLC 1,621.20 SUMMER2023-PAB003/PAK006/PAM006SWIM-31 PARTICIPANTPREMIER AQUATIC SERVICES 8,658.75 SUM23-34/77/31/28/65/LATE/11/55/49/52-76 PARTICIPALAURELINDA HAUKSSON 11,726.60 SUMMER2023-SKY008 FLAG FOOTBALL-20 PARTICIPANTSSKYHAWKS SPORTS ACADEMY, INC 2,220.00 SUMMER2023-SKT003/SKT004SKATEBOARD-20 PARTICIPANTSCORAL BAY HOME LOANS 2,937.60 SUMMER2023-CKC005 CULINARY KIDS-27 PARTICIPANTSCULINARY COOKINGS KIDS LLC 3,270.00 SUMMER2023-BCL006/LMS006 BEACH CAMP-4 PARTICIPANTSBEELER AQUATICS, INC 720.00 20 Description (Item)Vendor Name Amount
SUMMER2023-FWF002 HIP HOP-22 PARTICIPANTSFITNESS WITH FLAVOR LLC 4,659.00 SUMMER2023-BTS007/006 BASKETBALL-41 PARTICIPANTSBREAKTHROUGH SPORTS LLC 6,279.60 JUL'23 AVR LANDSCAPE SERVICESNIEVES LANDSCAPE INC 2,262.67 KB 7/18 AMAZON - RANCH SCREEN DOOR CLOSUREUS BANK PURCHASING CARD PROGRAM 17.88 KB 7/14 THE HOME DEPOT - RANCH HARDWARE FOR DOORSUS BANK PURCHASING CARD PROGRAM 36.21 KB 7/20 THE HOMEDEPOT - LOCATOR FLAGS RANCH STAFFUS BANK PURCHASING CARD PROGRAM 12.80 MAY'23 METER#0819 FARM ACCT#104515MOULTON NIGUEL WATER DIST 133.65 MAY'23 METER#0819 FARM ACCT#104515MOULTON NIGUEL WATER DIST 123.69 MAY'23 METER#0958RANCH ACCT#104986MOULTON NIGUEL WATER DIST 203.07 MAY'23 METER#0973 RANCH ACCT#105234MOULTON NIGUEL WATER DIST 88.13 MAY'23 METER#5356 RANCH ACCT#104935MOULTON NIGUEL WATER DIST 336.23 MAY'23 METER#7892/6534RANCH ACCT#104936MOULTON NIGUEL WATER DIST 634.46 RECREATION SERVICES TOTAL: 123,622.08
GF-AV RECREATION SERVICES TOTAL: 124,198.08
203 - GAS TAX
TRAFFIC ENGINEERING
JUN'23 STORM DRAIN CONDITION ASSESSMENTWOOD RODGERS, INC 53,065.14 JUN'23 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 1,781.25 TRAFFIC ENGINEERING TOTAL: 54,846.39
STREET MAINTENANCE
JUN' 23 PVM STREET MAINTENANCE (GAS)PV MAINTENANCE INC 94,554.56 JUN'23 GOLF & CASMALIA PAVER REPAIRPV MAINTENANCE INC 12,908.03 MAY'23 TRAFFIC SIGNAL MAINTENANCE RESPONSEBEAR ELECTRICAL SOLUTIONS INC 8,356.55 MAY'23 TRAFFIC SIGNAL MAINTENANCE ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,162.60 JUN'23 TRAFFIC SIGNAL RESPONSEBEAR ELECTRICAL SOLUTIONS INC 7,926.67 JUN'23 TRAFFIC SIGNAL MAINTENANCE ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,162.60 JUN'23 ACCT#2125 GS1 MEDIANSSO CAL EDISON 90.39
JUN'23 ACCT#6377 LS2 ST LIGHTSSO CAL EDISON 1,347.06
JUN'23 ACCT#7241 LS1 ST LIGHTSSO CAL EDISON 17,098.92
JUN'23 ACCT#8254 TC1 ST LGHTSSO CAL EDISON 3,734.00
JUN'23 STREET SWEEPING SERVICESSCA OF CA LLC 8,668.66
JUL'23 MEDIANS LANDSCAPE SERVICESNIEVES LANDSCAPE INC 1,586.00 MAY'23 METER#2066 MEDIAN ACCT#65346MOULTON NIGUEL WATER DIST 119.35 MAY'23 METER#6544 MEDIAN ACCT#64615MOULTON NIGUEL WATER DIST 85.59 MAY'23 METER#8838 MEDIAN ACCT#64613MOULTON NIGUEL WATER DIST 85.59 STREET MAINTENANCE TOTAL: 162,886.57
GAS TAX TOTAL: 217,732.96
215 - PUBLIC SAFETY GRANTS
LAW ENFORCEMENT-OTHER
JUL'23 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEMCOUNTY OF ORANGE 1,843.00 JUN'23 MDC RECURRING COSTSCOUNTY OF ORANGE 4,043.58
JUN'23 MOTORCYCLE REPLACEMENT COSTSCOUNTY OF ORANGE 65.92 JUN'23 E-CITATION REPLACEMENT COSTSCOUNTY OF ORANGE 91.82 JUN'23 E-CITATION RECURRING COSTSCOUNTY OF ORANGE 291.45 JUN'23 MDC REPLACEMENT COSTSCOUNTY OF ORANGE 1,550.49
JUL'23 ECITATIONS|MTRCYCLE REPLCMNT|MOBILE DATACOUNTY OF ORANGE 5,932.50 LAW ENFORCEMENT-OTHER TOTAL: 13,818.76
PUBLIC SAFETY GRANTS TOTAL: 13,818.76
231 - OTHER GRANTS
OTHER GRANTS
5/10-5/31/23 TYLER SOLARAPP IMPLEMENTATIONTYLER TECHNOLOGIES-INCODE DIVISION 1,833.75 6/1-6/29/23 TYLER SOLARAPP IMPLEMENTATIONTYLER TECHNOLOGIES-INCODE DIVISION 2,102.50 JAN'23 SOLAR APP IMPLEMENTATIONGO LIVE TECHNOLOGY INC 2,700.00 FEB'23 SOLAR APP IMPLEMENTATIONGO LIVE TECHNOLOGY INC 1,200.00 APR'23 SOLAR APP IMPLEMENTATIONGO LIVE TECHNOLOGY INC 810.00 MAY'23 SOLAR APP IMPLEMENTATIONGO LIVE TECHNOLOGY INC 1,215.00 21 Description (Item)Vendor Name Amount
JUN'23 SOLAR APP IMPLEMENTATIONGO LIVE TECHNOLOGY INC 1,147.50 OTHER GRANTS TOTAL: 11,008.75
OTHER GRANTS TOTAL: 11,008.75
241 - TECHNOLOGY FUND
GEN-TECHNOLOGY GRANTS
JUN'23-CC MTG 6/7 & ADMINERIC WINTER 444.96
GEN-TECHNOLOGY GRANTS TOTAL: 444.96
TECHNOLOGY FUND TOTAL: 444.96
251 - FEDERAL GRANTS
OTHER GRANTS
JUN'23 HAZARD MITIGATION CONSULTANT SERVICESATLAS PLANNING SOLUTIONS 10,660.00 APR-JUN'23 CDBG PROFESSIONAL SERVICESFAIR HOUSING FOUNDATION 952.84 OTHER GRANTS TOTAL: 11,612.84
GEN-FEDERAL GRANT
APR'23 CDBG CONSULTANT SERVICESMIKE LINARES INC 1,320.00 MAY'23 CDBG CONSULTANT SERVICESMIKE LINARES INC 1,925.00 JUN'23 CDBG CONSULTANT SERVICESMIKE LINARES INC 1,760.00 OCT'22 CDBG CONSULTANT SERVICESMIKE LINARES INC 770.00
NOV'22 CDBG CONSULTANT SERVICESMIKE LINARES INC 715.00
JAN'23 CDBG CONSULTANT SERVICESMIKE LINARES INC 1,155.00 MAR'23 CDBG CONSULTANT SERVICESMIKE LINARES INC 1,045.00 CDBG PROFESSIONAL SVCS 5-YEAR CONSOLIDATED PLANMIKE LINARES INC 29,500.00 APR-JUN'23 Q4 CDBG PROFESSIONAL SERVICESFAMILY ASSISTANCE MINISTRIES 1,390.00 FY22-23 Q4 CDBG-CV PROFESSIONAL SERVICESYMCA OF ORANGE COUNTY 7,775.90 JUL-SEP'22 Q1 CDBG FAM BRIDGE/TRANSITIONAL HOUSINGFAMILY ASSISTANCE MINISTRIES 1,842.25 JUL-SEP'22 CDBG-CV HUNGER AND HOMELESS PREVENTIONFAMILY ASSISTANCE MINISTRIES 2,670.86 GEN-FEDERAL GRANT TOTAL: 51,869.01
FEDERAL GRANTS TOTAL: 63,481.85
261 - CITY FAC.-AQUATIC CENTER
GEN-AQUATIC CENTER
JUN'23 AQC MAINTENANCE - SIDEWALKSPV MAINTENANCE INC 1,471.53 JUL'23 AQC CASH COURIER SERVICEGARDAWORLD 476.24
JUN'23 PEST CONTROL SERVICES AQCZAPP PEST MANAGEMENT 75.00 JUN'23 AQUATIC CENTER BACKFLOW REPAIRNIEVES LANDSCAPE INC 607.53 JUN'23 AQC PLANTSNIEVES LANDSCAPE INC 843.79
JUN'23 AQC POOL CHEMICALS CHLORINEHASA INC 1,584.63
JUN'23 ACCT#5164THE GAS COMPANY 2,911.38
JUN'23 REIMB AQC 6/27 COSTCO- CONCESSIONS FACILITYPREMIER AQUATIC SERVICES 126.02 JUN'23 REIMB AQC 6/20 COSTCO-WATER FOR CONCESSIONSPREMIER AQUATIC SERVICES 11.98 JUN'23 REIMB AQC6/6 AMAZON-PROTECTION PLAN WALKIESPREMIER AQUATIC SERVICES 55.99 JUN'23 REIMB AQC 6/6 AMAZON- WALKIE TALKIESPREMIER AQUATIC SERVICES 794.88 JUN'23 REIMB AQC 6/19 ALPHA WATERS- ACID FOR POOLPREMIER AQUATIC SERVICES 323.34 JUN'23 REIMB AQC 6/08 DOLLAR TREE- PENS FOR OFFICEPREMIER AQUATIC SERVICES 1.35 JUN'23 6/5 STAPLES-SWIM TEAM MTLS &OFFICE SUPPLIESPREMIER AQUATIC SERVICES 12.61 JUN'23 REIMB 6/5 TJ MAXX/HOMEGOODS- CLOCK REC POOLPREMIER AQUATIC SERVICES 18.31 JUN'23 REIMB AQC 6/9 STAPLES- PRINTER TONERPREMIER AQUATIC SERVICES 107.73 JUN'23 REIMB AQC 6/8 STAPLES- INK FOR PRINTERPREMIER AQUATIC SERVICES 53.86 JUN'23 6/8 AMAZON-ALOE VERA HAIR TIES & DOOR STOPSPREMIER AQUATIC SERVICES 26.85 JUN'23 REIMB AQC 6/13 COSTCO- DOLLY MOVING EQUIPPREMIER AQUATIC SERVICES 179.54 JUN'23 REIMB AQC 6/8 AMAZON- POOL NOODLESPREMIER AQUATIC SERVICES 25.85 JUL'23 MONTHLY PEST CONTROL SERVICES AQCZAPP PEST MANAGEMENT 75.00 JUL'23 AQC JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,188.23 JUL'23 AQC LANDSCAPE SERVICESNIEVES LANDSCAPE INC 912.48 JUL'23 AQC POOL CHEMICALS CHLORINE & ACIDHASA INC 862.44 JUL'23 ACCT#6701 AQC INTERNETCOX COMMUNICATIONS, INC 502.76 KB 7/14 SCP DISTRIBUTORS - FLOW METERS FOR AQCUS BANK PURCHASING CARD PROGRAM 411.88 KB 7/13 AMAZON - MOTOR LUBEUS BANK PURCHASING CARD PROGRAM 25.80 KB 7/12 THE HOME DEPOT - BRASS PLUGS FOR AQCUS BANK PURCHASING CARD PROGRAM 13.70 KB 6/26 AMAZON - SAFETY GLASSES FOR AQCUS BANK PURCHASING CARD PROGRAM 75.43 MAY'23 METER#2996AQC ACCT#64096MOULTON NIGUEL WATER DIST 233.49 22 Description (Item)Vendor Name Amount
MAY'23 METER#6054 AQC ACCT#64095MOULTON NIGUEL WATER DIST 372.08 GEN-AQUATIC CENTER TOTAL: 15,381.70
CITY FAC.-AQUATIC CENTER TOTAL: 15,381.70
311 - STREET IMPROVEMENTS
TRAFFICE SAFETY
JUN'23 #130 ALISO CREEK TRAFFIC SIGNAL SYNCHARTZOG & CRABILL INC 2,937.50 TRAFFICE SAFETY TOTAL: 2,937.50
STREETS & HIGHWAYS
FEB-MAR'23 ENTERPRISE REHAB PHASE II PAVEMENT EVALGMU GEOTECHNICAL INC 10,272.45 STREETS & HIGHWAYS TOTAL: 10,272.45
STREET IMPROVEMENTS TOTAL: 13,209.95
331 - CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
JUL'23 AV RANCH FIBER PROJECTDIRECT SOURCE COMMUNICATION INC 18,478.00 JUN'23 CH LANDCAPE DESIGN SERVICESRICHARD FISHER ASSOCIATES 29,152.62 FEB-JUN'23 AVR HISTORICAL DISPLAY PANELSTHIRTIETH STREET ARCHITECTS INC 43,238.00 CAPITAL IMPROVEMENTS TOTAL: 90,868.62
CAPITAL IMPROVEMENTS TOTAL: 90,868.62
332 - STORM WATER
DRAINAGE IMPROVEMENTS
JUN'23 #030 WOOD CANYON WETLANDS MAINTENANCEPV MAINTENANCE INC 6,066.00 JUN'23 #091 DAIRY FORK WETLAND MAINTENANCEPV MAINTENANCE INC 13,627.50 DRAINAGE IMPROVEMENTS TOTAL: 19,693.50
STORM WATER TOTAL: 19,693.50
731 - CFD 2005-01
TRUST FUND
APR-JUN'23 CFD ADMIN SERVICESKOPPEL & GRUBER PUBLIC FIN. 2,143.45 TRUST FUND TOTAL: 2,143.45
CFD 2005-01 TOTAL: 2,143.45
GRAND TOTAL: 2,278,604.27
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 1,689,925.37 1,689,925.37
102 - GEN. FD-CITY HALL 16,696.32 16,696.32
103 - GF-AV RECREATION SERVICES 124,198.08 124,198.08
203 - GAS TAX 217,732.96 217,732.96
215 - PUBLIC SAFETY GRANTS 13,818.76 13,818.76
231 - OTHER GRANTS 11,008.75 11,008.75
241 - TECHNOLOGY FUND 444.96 444.96
251 - FEDERAL GRANTS 63,481.85 63,481.85
261 - CITY FAC.-AQUATIC CENTER 15,381.70 15,381.70
311 - STREET IMPROVEMENTS 13,209.95 13,209.95
331 - CAPITAL IMPROVEMENTS 90,868.62 90,868.62
332 - STORM WATER 19,693.50 19,693.50
731 - CFD 2005-01 2,143.45 2,143.45
2,278,604.27Grand Total: 2,278,604.27
23 Accounts Payable Payable Dates: 07/07/2023 - 08/03/2023 8/7/2023 9:57:35 AM Page 10 of 13
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 1,689,925.37
102 - GEN. FD-CITY HALL 16,696.32
103 - GF-AV RECREATION SERVICES 124,198.08
203 - GAS TAX 217,732.96
215 - PUBLIC SAFETY GRANTS 13,818.76
231 - OTHER GRANTS 11,008.75
241 - TECHNOLOGY FUND 444.96
251 - FEDERAL GRANTS 63,481.85
261 - CITY FAC.-AQUATIC CENTER 15,381.70
311 - STREET IMPROVEMENTS 13,209.95
331 - CAPITAL IMPROVEMENTS 90,868.62
332 - STORM WATER 19,693.50
731 - CFD 2005-01 2,143.45
2,278,604.27Grand Total:
Account Summary
Payment AmountAccount Number Account Name
101-1203-000 ACCOUNTS RECEIVABLE 5,144.79
101-2505-000 DENTAL INSURANCE PAY 1,933.76
101-2506-000 MEDICAL INSURANCE PA 24,161.84
101-2507-000 LIFE INSURANCE PAYABL 1,448.50
101-2508-000 VISION INSURANCE PAYA 313.84
101-2510-000 PERS PAYABLE 22,386.97
101-2601-000 REFUNDABLE DEPOSIT 3,000.00
101-2602-000 PLANNING DEPOSIT 4,657.20
101-2603-000 ENGINEERING DEPOSIT 4,084.37
101-2606-000 C & D DEPOSIT 3,750.00
101-37505 INFORMATION TECHNOL -300.00
101-4-1101-4201-000 RETIREMENT 12.00
101-4-1101-4206-000 MEDICAL INSURANCE 151.00
101-4-1101-4511-000 COMMUNICATION 473.30
101-4-1101-4520-000 MTGS/CONF./TRNG & D 892.24
101-4-1501-4201-000 RETIREMENT 20,574.53
101-4-1501-4206-000 MEDICAL INSURANCE 151.00
101-4-1501-4225-000 VEHICLE/CELL 335.00
101-4-1501-4511-000 COMMUNICATION 201.38
101-4-1501-4520-000 MTGS/CONF./TRNG & D 1,392.56
101-4-1502-4302-000 ECONOMIC DEVELOPME 2,555.38
101-4-1503-4201-000 RETIREMENT 6.00
101-4-1503-4309-000 OTHER CONTRACTUAL S 860.00
101-4-1503-4601-000 SUPPLIES 38.22
101-4-1601-4201-000 RETIREMENT 17,067.99
101-4-1601-4303-000 LEGAL NOTICES 694.40
101-4-1601-4601-000 SUPPLIES 100.16
101-4-2101-4304-000 LEGAL SERVICES 25,385.10
101-4-2101-4532-000 SPECIAL PROJECTS 26,263.11
101-4-2101-4735-000 LITIGATION 997.69
101-4-2501-4201-000 RETIREMENT 17,645.43
101-4-2501-4301-000 PROFESSIONAL SERVICE 9,590.00
101-4-2501-4305-000 TECHNOLOGY SERVICES 19,154.09
101-4-2501-4309-000 OTHER CONTRACTUAL S 1,847.07
101-4-2501-4601-000 SUPPLIES 531.38
101-4-3101-4201-000 RETIREMENT 10,767.67
101-4-3101-4301-000 PROFESSIONAL SERVICE 3,900.00
101-4-3101-4305-000 TECHNOLOGY SERVICES 7,301.19
101-4-3101-4481-000 COMPUTER EXPENSE 15,831.57
101-4-3101-4520-000 MTGS/CONF./TRNG & D 1,600.00
24 Accounts Payable Payable Dates: 07/07/2023 - 08/03/2023 8/7/2023 9:57:35 AM Page 11 of 13
Account Summary
Payment AmountAccount Number Account Name
101-4-3501-4301-000 PROFESSIONAL SERVICE 1,449.00
101-4-3501-4306-000 WEBSITE SERVICES 1,041.25
101-4-3501-4431-000 BUILDING & GROUND M 4,583.67
101-4-3501-4471-000 RENT 900.00
101-4-3501-4512-000 POSTAGE 12.40
101-4-3501-4521-000 MEMBERSHIP & DUES 15,551.16
101-4-3501-4522-000 INSURANCE EXPENSES 957.00
101-4-3501-4601-000 SUPPLIES 930.68
101-4-3501-4612-000 OPERATING SUPPLIES 995.04
101-4-4101-4206-000 MEDICAL INSURANCE 302.00
101-4-4101-4501-000 ADVERTISING & PROMO 12,962.07
101-4-4101-4520-000 MTGS/CONF./TRNG & D 199.89
101-4-4101-4521-000 MEMBERSHIP & DUES 1,685.00
101-4-4101-4527-000 REC-CITY SPECIAL EVENT 4,036.57
101-4-4101-4529-000 REC-YOUTH PROGRAMS 6,109.44
101-4-4101-4530-000 COMMUNITY GRANTS 6,024.00
101-4-4101-4533-000 COMMUNITY ASSISTANC 2,500.00
101-4-4102-4411-000 UTILITIES 148.15
101-4-4102-4431-000 BUILDING & GROUND M 28,444.16
101-4-4103-4411-000 UTILITIES 1,906.93
101-4-4103-4431-000 BUILDING & GROUND M 1,486.00
101-4-4104-4529-000 REC-YOUTH PROGRAMS 13,144.02
101-4-4401-4201-000 RETIREMENT 12,887.41
101-4-4401-4206-000 MEDICAL INSURANCE 151.00
101-4-4401-4309-000 OTHER CONTRACTUAL S 8,975.00
101-4-4401-4532-000 SPECIAL PROJECTS 3,150.00
101-4-4401-4732-000 C.S-PLANNING 2,475.00
101-4-4402-4201-000 RETIREMENT 11.00
101-4-4402-4513-000 PRINTING 12,396.14
101-4-4402-4520-000 MTGS/CONF./TRNG & D 470.00
101-4-4402-4751-000 C.S-BUILDING 52,379.01
101-4-4403-4612-000 OPERATING SUPPLIES 158.91
101-4-4403-4761-000 C.S-CODE ENFORCEMEN 9,153.76
101-4-4501-4201-000 RETIREMENT 8,171.97
101-4-4501-4520-000 MTGS/CONF/TRNG & DE 879.00
101-4-4501-4612-000 OPERATING SUPPLIES 271.50
101-4-4501-4701-000 NPDES 33,449.75
101-4-4501-4702-000 AB939-SOLID WASTE 4,311.76
101-4-4501-4741-000 C.S-CITY ENGINEERING 21,650.24
101-4-4503-4771-000 C.S-STREET MAINTENAN 26,025.38
101-4-5101-4308-000 LAW ENFORCEMENT 1,128,843.95
101-4-5102-4511-000 COMMUNICATION 90.65
101-4-5102-4612-000 OPERATING SUPPLIES 51.72
101-4-5103-4471-000 RENT 1,275.00
101-4-5401-4612-000 OPERATING SUPPLIES 428.06
102-4-3501-4411-000 UTILITIES 9,058.43
102-4-3501-4431-000 BUILDING & GROUND M 7,637.89
103-34130 FACILITY RENTAL 200.00
103-34150 OTHER INCOME 15.00
103-34161 CONTRACT CLASSES 131.00
103-34162 CITY CAMP REVENUE 280.00
103-34169 REFUNDS -50.00
103-4-4105-4201-000 RETIREMENT 37.50
103-4-4105-4305-000 TECHNOLOGY SERVICES 6,789.35
103-4-4105-4309-000 OTHER CONTRACTUAL S 95,793.11
103-4-4105-4411-000 UTILITIES 3,159.92
103-4-4105-4431-000 BUILDING & GROUND M 9,027.11
103-4-4105-4451-000 FARM OPERATING EXPE 1,354.65
25 Accounts Payable Payable Dates: 07/07/2023 - 08/03/2023 8/7/2023 9:57:35 AM Page 12 of 13
Account Summary
Payment AmountAccount Number Account Name
103-4-4105-4511-000 COMMUNICATION 442.86
103-4-4105-4561-000 TAXES/FEES/PERMITS 427.60
103-4-4105-4570-000 CITY CAMP EXPENSE 3,318.75
103-4-4105-4601-000 SUPPLIES 864.93
103-4-4105-4612-000 OPERATING SUPPLIES 2,406.30
203-4-4502-4301-000 PROFESSIONAL SERVICE 54,846.39
203-4-4503-4411-000 UTILITIES 22,560.90
203-4-4503-4771-000 C.S-STREET MAINTENAN 131,657.01
203-4-4503-4772-000 C.S-STREET SWEEPING 8,668.66
215-4-5102-4803-000 PUBLIC SAFETY EQUIPM 13,818.76
231-4-6131-4309-000 OTHER CONTRACTUAL S 11,008.75
241-4-6141-4309-000 OTHER CONTRACTUAL S 444.96
251-4-6131-4309-000 OTHER CONTRACTUAL S 11,612.84
251-4-6151-4309-000 OTHER CONTRACTUAL S 51,869.01
261-4-6161-7301-000 COST OF F&B 138.00
261-4-6161-7401-000 EQUIPMENT MAINTENA 1,302.25
261-4-6161-7411-000 UTILITIES 4,019.71
261-4-6161-7421-000 BUILDING & GROUND M 6,173.56
261-4-6161-7425-000 POOL MAINTENANCE 2,770.41
261-4-6161-7431-000 SUPPLIES 220.71
261-4-6161-7432-000 MINOR EQUIPMENT 179.54
261-4-6161-7433-000 OPERATING SUPPLIES 101.28
261-4-6161-7445-000 FEES & PERMITS 476.24
311-4-8201-5701-000 CONSTRUCTION 2,937.50
311-4-8301-5501-000 DESIGN 10,272.45
331-4-8701-5910-000 IMPROVEMENTS 90,868.62
332-4-8601-5911-000 REHABILITATION 19,693.50
731-4-7501-4542-000 INTEREST & FISCAL CHG 2,143.45
Grand Total: 2,278,604.27
Project Account Summary
Payment AmountProject Account Key
**None** 2,079,519.99
0305911 6,066.00
0495910 61,716.00
0575910 29,152.62
0915911 13,627.50
10004309 10,660.00
10014309 11,008.75
1054701 21,495.28
1285501 10,272.45
1305701 2,937.50
8012101 2,622.60
8014532 4,712.40
9014612 314.80
9244520 150.00
9264520 158.51
9294520 583.73
9934527 1,099.06
9974570 3,318.75
CDBGCV4309 10,446.76
ENG 2230 50.38
ENG 2241 154.84
ENG 2243 645.58
ENG 2247 50.38
ENG 2250 659.00
ENG 2251 622.68
ENG 2253 165.09
26 Accounts Payable Payable Dates: 07/07/2023 - 08/03/2023 8/7/2023 9:57:35 AM Page 13 of 13
Project Account Summary
Payment AmountProject Account Key
ENG 5003 75.56
ENG 5004 478.55
ENG 5005 50.38
ENG 5049 50.38
ENG 5057 730.42
ENG 5067 151.13
ENG 5073 200.00
USE-2022-00011 4,657.20
Grand Total: 2,278,604.27
27 City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 2023
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/City Treasurer SUBJECT: TREASURER’S STATEMENT – JUNE 2023
Recommended Action:
Receive and file the June 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:
Attachment 1 – June 2023 Treasurer’s Statement
28 TREASURER'S MONTHLY CASH STATEMENT
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 3,621,799.26 $ 2,138,018.90 $ 1,184,301.67 $ (3,704.97) $ 4,571,811.52$ TCRF 68,861.61 $ 68,861.61
GAS TAX FUND 814,102.66 $ 118,423.00 90,539.09 841,986.57 MEASURE M 935,157.55 $ 2,436.00 (461.79) 932,259.76 SB1-RMRA 359,709.18 $ 105,085.67 464,794.85 PUBLIC SAFETY GRANTS 192,108.31 $ 1,904.00 190,204.31 (1) AIR QUALITY IMPRVMNT FD 1,177,144.78$ 17,336.29 1,194,481.07 INTEGRATED WASTE MGMT FD 94,893.51$ 94,893.51 OTHER GRANTS (139,453.70) $ (139,453.70)
TECHNOLOGY GRANT 290,506.68 $ 2,284.54 288,222.14 DEVELOPMENT IMPACT 1,349,361.63 $ 1,349,361.63
FEDERAL GRANTS (19,064.27) $ 26,160.15 (1,033.92) (46,258.34) CITY FACILITY - AV CTR 179,758.92 $ 179,758.92 CITY FACILITY - AQUATIC CTR (165,760.45)$ 108,286.13 104,303.38 (161,777.70) STREET IMPROVEMENTS 6,250.57 $ 112,071.78 (105,821.21) (2) CAPITAL IMPROVEMENTS (5,879.42) $ 32,425.30 (38,304.72) (2) STORM WATER 505.34 $ 4,352.00 (3,846.66) (2) COP CAPITAL - $ - (2) COP (5,200.68) $ 5,200.68 0.00 AV RANCH FOUNDATION 100.00 $ 100.00
CFD 2005-01 (7,026.45) $ 1,951.81 3,345.81 (8,420.45) RENEWABLE FARMS 74,460.32 $ 38,514.05 46,860.50 66,113.87 COMMUNITY TRUST 7,212.68 $ 1,800.00 5,412.68 TOTALS 8,829,548.03 $ 2,527,615.85 $ 1,612,784.22 $ - $ 9,744,379.66$ SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT 2,542,916.47 $
SAVINGS ACCOUNT: MONEY MARKET 25,940.28 $
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 7,175,522.91 $
TOTAL CASH 9,744,379.66 $
Years to Maturity for June 2023 1.58
Weighted Average Yield for June 2023 3.330%
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. 37,719,300.78$ Cash With Fiscal Agent COPS/CFD 2005-01 4,860,756.19
Cash With Investment Advisor City Investments 29,826,434.64 AV Center 2,758,689.97
PR Account 270,661.60
Petty Cash 2,758.38
GRAND TOTAL OF CITY FUNDS 47,463,680.44 $
(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
June 30, 2023
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35 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
June 2023 Statement
Account Summary
Total Deposit: 0.00 Beginning Balance: 7,175,522.91
Total Withdrawal: 0.00 Ending Balance: 7,175,522.91
36 June 3.167
May 2.993
April 2.870
March 2.831
February 2.624
January 2.425
LAIF Apportionment Rate(2): TBD
LAIF Earnings Ratio(2): TBD
LAIF Administrative Cost(1)*: TBD
PMIA Average Life(1): 260
LAIF Fair Value Factor(1): 0.984828499
PMIA Daily(1): 3.26
PMIA Quarter to Date(1): 3.01
Treasuries
63.08%
Agencies
21.77%
Certificates of
Deposit/Bank Notes
7.51%
Time
Deposits
2.85%
Commercial
Paper
4.33%
Corporate
Bonds
0.26%
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). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.
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 07/17/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 06/30/23
Chart does not include $2,861,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
06/30/23
$178.4 billion
37 City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works / City Engineer SUBJECT: COOPERATIVE AGREEMENT WITH OCTA FOR THE COUNTYWIDE
SIGNAL SYNCHRONIZATION BASELINE PROJECT
______________________________________________________________________ Recommended Actions:
Authorize the City Manager to execute the cooperative agreement with the Orange County Transportation Authority (OCTA) for a Countywide Signal Synchronization Baseline Project at a future date upon OCTA General Counsel signing the agreement.
Fiscal Impact:
There is no fiscal impact associated with the recommended action. Staff time is required to provide support over the duration of the project, which was included in the original agreement. The cost of this staff time is determined to be negligible and falls in line with the regular duties of City staff.
Background:
Orange County Transportation Authority (OCTA) in cooperation with the City of Aliso Viejo and 33 Orange County Cities are working together in coordinating traffic signals across multiple jurisdictional boundaries as part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) to enhance countywide traffic flow and reduce congestion.
On March 14, 2022, the OCTA Board of Directors completed a Countywide Signal Synchronization Plan Study in support of the RTSSP and authorized an update of the Traffic Signal Synchronization Master Plan in accordance with the Plan Study recommendations. OCTA has secured funds to implement a countywide signal synchronization baseline and will release a request for proposals to secure a consultant to implement the Project, which will include approximately 2,500 traffic signalized intersections along regionally significant corridors within Orange County. Approximately 30 City of Aliso Viejo owned and operated signalized intersections will be included as part of the Project should the City Council agree to participate in the Project. 38
OCTA shall manage, procure, implement, and complete all aspects of the Project, including filing all documentation necessary to comply with the Congestion Mitigation and Air Quality (CMAQ) funding for the Project. OCTA will collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video record all movement counts at each Project signalized intersection, and a mutually agreed upon number and location of 24 hour, 7 days automated machine traffic counts with vehicle classification. OCTA will provide to the City updated timing plans for all control systems and all relevant data used to develop the plans. Additionally, OCTA shall provide oversight to maintain inter-jurisdictional traffic signal integrity between the Project and other signal synchronized projects not older than three (3) years from the effective date of the proposed agreement.
The City shall provide a technical representative to meet and participate as a member of the Project's "Traffic Forum". OCTA requests that the City participate and support the Project's implementation by authorizing OCTA to manage, procure and implement all aspects of the Project. It will be the City's responsibility to provide OCTA all current intersection as-built drawings, controller assembly plans as provided by the manufacturer and modified by the City since original installation, local field master, local controller, Advanced Traffic Management System timing plans, and other ITS-related data when requested. The agreement also states the City shall maintain all existing traffic signal equipment in good condition, which the City already does through regular traffic signal system maintenance.
The agreement will be in full force and effect from the Effective date through December 31, 2028, however either party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate to the other Party.
Discussion:
The Cooperative Agreement is the culmination of a cooperative effort between OCTA, the County of Orange and 34 Orange County cities to work together in coordinating traffic signals across multiple jurisdictional boundaries as part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP). The overall intent of the project is to enhance countywide traffic flow and reduce congestion.
Attachment:
1. Agreement
39
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COOPERATIVE AGREEMENT NO. C-3-2406
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF ALISO VIEJO
FOR
COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this ______ _ day of _________________, 2023 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Aliso Viejo, a municipal corporation duly organized and existing under the constitution and laws of the Stat e of California (“PARTICIPATING AGENCY”), each individually known as “Party” and collectively known as “Parties”.
RECITALS:
WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program ( RTSSP) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY completed a Countywide Signal Synchronization Plan Study (hereinafter, “ PLAN STUDY ”) in support of the RTSSP and received authorization from the AUTHORITY’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS, the AUTHORITY secured Congestion Mitigation and Air Quality (“CMAQ”) funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, “PROJECT”) as presented in the PLAN STUDY; and
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40 COOPERATIVE AGREEMENT NO. C-3-2406
COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
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WHEREAS, the AUTHORITY intends to release a request for proposals to secure a consultant (“CONSULTANT”) to implement the PROJECT; and
WHEREAS, based on the PLAN STUDY the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and
WHEREAS, the PROJECT will include approximately 2,500 traffic signalized intersections along regionally significant corridors within Orange County; and WHEREAS, approximately 30 PARTICIPATING AGENCY-owned and operated signalized intersections will be included as part of the PROJECT; and WHEREAS, the PROJECT will include all 34 Orange County cities and the County of Orange; and
WHEREAS, the AUTHORITY will enter into a separate coo perative agreement with each participating agency in each jurisdiction for implementation of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY acknowledges and understands that in-house resources (staff hours) from the PARTICIPATING AGENCY will provide various services in support of the PROJECT; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENC Y desire to enter into this Agreement to implement the PROJECT in support of the RTSSP ; and WHEREAS, this Agreement defines the specific terms and conditions, and between the AUTHORITY and the PARTICIPATING AGENCY for the implementation of the PROJECT; and WHEREAS, the PARTICIPATING AGENCY’s City Council approved this Agreement on the _____ day of ___________________, 202_____.
NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCY as follows:
/
/
/
41 COOPERATIVE AGREEMENT NO. C-3-2406
COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
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ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between the AUTHORITY and the PARTICIPATING AGENCY and supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.
The above referenced Recitals are true and correct and are incorporated by reference herein.
B. The AUTHORITY’s failure to insist on any instance(s) of the PARTICIPATING AGENCY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the PARTICIPATING AGENCY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
C. The PARTICIPATING AGENCY’s failure to insist on any instance(s) of the AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the PARTICIPATING AGENCY’s right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the PARTICIPATING AGENCY except when specifically confirmed in writing by an authorized representative of the PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
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42 COOPERATIVE AGREEMENT NO. C-3-2406
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ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the P arties as they pertain to the subjects and PROJECT addressed herein. The Parties agree that each will cooperate and coordinate with the other Party in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
The AUTHORITY , as the lead agency , agrees to the following responsibilities for the implementation of the PROJECT:
A. To designate a Project Manager as a single point of contact for the Project.
B. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT, including filing all documentation necessary to comply with the Congestion Mitigation and Air Quality (CMAQ) funding for the PROJECT.
C. The AUTHORITY, or agents of the AUTHORITY, shall c oordinate outreach with the PARTICIPATING AGENCY for the PROJECT.
D. The AUTHORITY, or agents of the AUTHORITY, shall c ollect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of 24 hours 7 days automated machine traffic counts with vehicle classification.
E. The AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization.
F. The AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCY.
G. The AUTHORITY, or agents of the AUTHORITY, shall prepare a conceptual plan for the delivery of the PROJECT. The AUTHORITY, or agents of the AUTHORITY, shall provide all reports to the PARTICIPATING AGENCY in draft and final formats for review and comment. The PARTICIPATING AGENCY comments shall be noted in the final report.
43 COOPERATIVE AGREEMENT NO. C-3-2406
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H. The AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between the PROJECT and other signal synchronization projects not older than three (3) years from the effective date of this Agreement.
I. The AUTHORITY shall provide formats, templates, and guidance in reporting requirements necessary for the PROJECT.
J. The AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CMAQ guidelines, policies, and procedures were followed.
ARTICLE 4. RESPONSIBILITIES OF THE PARTICIPATING AGENCY The PARTICIPATING AGENCY agrees to the following responsibilities for implementation of the PROJECT:
A. The PARTICIPATING AGENCY shall provide a technical representative to meet and participate as a member of the PROJECT’s Traffic Forum.
B. The PARTICIPATING AGENCY shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.
C. The PARTICIPATING AGENC Y shall p articipate and support the PROJECT implementation.
D. The PARTICIPATING AGENC Y shall provide the AUTHORITY, or agents of the AUTHORITY, all current intersection as -built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by the PARTICIPATING AGENCY since original installation, local field master, local controller, Advanced Traffic Management System timing plans , and other ITS-related data upon request.
E. The PARTICIPATING AGENCY shall inform the AUTHORITY of new traffic signal installations and any traffic signal modifications, which would materially affect the performance of the regional corridors on the PROJECT.
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44 COOPERATIVE AGREEMENT NO. C-3-2406
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F. The PARTICIPATING AGENCY shall maintain in good condition existing traffic signal equipment for the PROJECT, such as signal communication and traffic signal controllers.
G. The PARTICIPATING AGENCY shall waive all fees associated with permits that would otherwise be required from the CONSULTANT, subconsultants, and/or service or equipment providers in the performance of the PROJECT.
ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by the PARTICIPATING AGENCY in the implementation of this Agreement are delegated to its respective City Manager, or City Manager’s designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY’s Chief Executive Officer or Chief Executive Officer’s designee.
ARTICLE 6. AUDIT AND INSPECTION
AUTHORITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY’s payment of CONSULTANT’s final billing (so noted on the paid invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY’S contractor.
ARTICLE 7. INDEMNIFICATION
A. To the fullest extent permitted by law, the PARTICIPATING AGENCY shall defend (at the PARTICIPATING AGENCY’s sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, and its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, 45 COOPERATIVE AGREEMENT NO. C-3-2406
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demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons ( PARTICIPATING AGENCY’s employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.
B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to the PARTICIPATING AGENCY), indemnify, protect, and hold harmless the PARTICIPATING AGENCY, including their officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by the PARTICIPATING AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.
ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect from the Effective Date through December 31, 2028.
B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by all Parties.
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46 COOPERATIVE AGREEMENT NO. C-3-2406
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C. Termination: In the event any P arty defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.
D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days pr ior written notice of its intent to terminate for convenience to the other Party.
E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.
F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile/electronic signatures shall be permitted.
I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. /
47 COOPERATIVE AGREEMENT NO. C-3-2406
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J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.
K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.
L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:
To PARTICIPATING AGENCY: To AUTHORITY:
City of Aliso Viejo Orange County Transportation Authority 12 Journey, Suite 100
Aliso Viejo, CA 92656
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Shaun Pelletier
Public Works Director / City Engineer
Tel: (949) 425-2533
Email: [email protected]
Attention: Michael Le
Senior Contract Administrator
Tel: (714) 560-5314
Email: [email protected]
CC: Alicia Yang
OCTA Project Manager
Tel: (714) 560-5362
Email: [email protected]
M. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; ac ts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 48 COOPERATIVE AGREEMENT NO. C-3-2406
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-3-2406 to be executed as of the date of the last signature below.
CITY OF ALISO VIEJO ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ___________________________ By: __________________________________ David Doyle Meena Katakia
City Manager Manager, Capital Projects
Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM:
By: ___________________________ By: __________________________________ Mitzi Ortiz James M. Donich
City Clerk General Counsel
Dated: _________________________ Dated: _________________________
APPROVED AS TO FORM
By: ___________________________
Scott Smith
City Attorney
Dated: _________________________
49 City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH HARTZOG & CRABILL, INC. FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR
TRAFFIC SIGNAL OPERATIONS
______________________________________________________________________ Recommended Actions:
1. Approve a first amendment to the agreement with Hartzog & Crabill, Inc. (HCI) to perform traffic engineering services for traffic signal operations that increases the total compensation under the agreement by $30,000 for a total compensation amount of $105,000; and
2. Authorize the City Manager to execute the first amendment to the agreement.
Fiscal Impact:
Sufficient funds for these services are available in the adopted FY 2023-24 budget.
Compensation for this work will be appropriated in the FY 2023-24 budget with Gas Tax funds.
Background:
The City currently maintains and operates 48 signalized intersections. The City utilizes traffic signal controllers that are capable of being monitored offsite through a phone modem. Also, some traffic signals are synchronized to improve the flow of traffic through the City’s arterial roadways.
Discussion:
A request for proposal (RFP) was issued for traffic engineering services for traffic signal operations on March 24, 2021, and was advertised on the City website. The agreement was awarded to HCI on June 2, 2021, for an initial term of three years and total compensation of $75,000. This first agreement amendment will increase the total compensation under the agreement by $30,000 for a total compensation amount of $105,000.
50
The increase in total compensation is required due HCI providing project specific traffic signal operations services for the Regional Traffic Signal Synchronization Project (RTSSP) project along Aliso Creek Road between El Toro Road and Alicia Parkway, which is outside the scope of daily traffic signal operation services. These services totaled approximately $30,000.
Attachment:
1. Agreement Amendment
51 60367.01100\33489405.1
- 1 -
CITY OF ALISO VIEJO
FIRST AMENDMENT TO
TRAFFIC ENGINEERING SERVICES FOR TRAFFIC SIGNAL OPERATIONS
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement for Traffic Engineering Services for Traffic Signal Operations (“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 Hartzog & Crabill, Inc (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 Traffic Engineering Services for Traffic Signal Operations dated June 2, 2021 (“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 ($30,000.00).
3. TERMS.
3.1 Term.
The term will not change under this First Amendment.
3.2 Compensation.
The total compensation for the Services provided pursuant to the Agreement and this First Amendment shall not exceed One Hundred Five Thousand Dollars ($105,000.00) without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this First Amendment at the rates set forth in Exhibit “B” attached hereto.
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 First Amendment.
3.4 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.
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. 52 60367.01100\33489405.1
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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 First Amendment.
3.6 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.
53 60367.01100\33489405.1
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SIGNATURE PAGE FOR FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR TRAFFIC ENGINEERING SERVICES FOR TRAFFIC SIGNAL
OPERATIONS BETWEEN THE CITY OF ALISO VIEJO AND HARTZOG & CRABILL, INC.
IN WITNESS WHEREOF, the parties have executed this First 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
HARTZOG & CRABILL, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
54 60367.01100\33489405.1
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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.
55 60367.01100\33489405.1
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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
56 60367.01100\33489405.1
A-1
EXHIBIT “A”
TO FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING
SERVICES FOR TRAFFIC SIGNAL OPERATIONS BETWEEN THE CITY OF ALISO VIEJO AND HARTZOG & CRABILL, INC.
SCOPE OF SERVICES
The scope of services is to remain unchanged from the original Professional Services Agreement for Traffic Engineering Services for Traffic Signal Operations, dated July 2, 2021.
57 60367.01100\33489405.1
B-1
EXHIBIT “B”
TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
TRAFFIC ENGINEERING SERVICES FOR TRAFFIC SIGNAL OPERATIONS
COMPENSATION
The compensation is to remain unchanged from the original Professional Services Agreement for Traffic Engineering Services for Traffic Signal Operations, dated July 2, 2021.
58
City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 2023
TO: Mayor and City Council
FROM: Isaac Aziz, IT Manager
SUBJECT: AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM (GIS)
APPLICATION SUPPORT SERVICES
______________________________________________________________________ Recommended Action:
Approve and authorize the City Manager to sign a Professional Services Agreement with J.R. Dira for Geographic Information System (GIS) support services for a period of three years in an amount not to exceed $75,000.
Fiscal Impact:
The total not-to-exceed amount set forth in the Agreement is $75,000 ($25,000 annually).
Sufficient funds are included in the FY 2023-24 budget for Information Technology.
Background:
The City implemented an in-house Geographic Information System (GIS) in 2018 for use by Aliso Viejo residents and various City Departments, including Police, Fire, Code Enforcement, Administrative Services, Development Services, Planning, and contractors, among others.
Many City departments rely on the GIS system to provide multiple layers of map data supporting their daily duties. The online map viewer and query application/product requires a highly specialized set of skills to maintain. The vendor provides the expertise to resolve technical issues that are not within the skill set of City staff. This agreement provides for renewal of the technical support for the GIS software utilized by the City.
This agreement also provides for updates to map layers and associated attribute data.
The vendor constantly updates streets, addresses, parcels, and parcel ownership data to ensure accurate data is available within the GIS system and for those front counter staff using the on-line app on a continuous basis. Numerous additional map layers are updated or created from scratch, as needed. Specific map projects are also completed on an as needed basis for many departments.
59
Discussion:
City staff sought bids for a new service agreement for our GIS software and obtained informal bids from four vendors. Following an in-depth analysis of the submitted proposals, staff has identified J.R. Dira as the optimal selection to meet the City's needs.
J.R. Dira's competency is evidenced by an established history of supplying superior GIS services to municipalities, spanning various scales and complexities. Clients have continually lauded Dira for their exceptional user satisfaction rates and profound technical expertise, reflecting a commitment to excellence that aligns with the City's standards and expectations.
In addition, J.R. Dira has a deep understanding of the City of Aliso Viejo's specific GIS requirements. J.R. Dira has worked with the City in the past and is familiar with our unique needs, having assisted in the creation of the underlying databases, base maps, and other crucial elements/deliverables of the City’s GIS Strategic Plan and in support of the various City departments.
For these reasons, staff is recommending that the City award the agreement to J.R. Dira.
Attachment:
1. Agreement
60 CITY OF ALISO VIE.JO
PROFESSIONAL SERVICES AGREEMENT
FOR
CUSTOMIZED (IN-HOUSE) CITY GIS IMPLEMTATION & SUPPORT SERVICES 1 . PARTIES AND DATE.
This Agreement is made and entered into this 16th day of August 2023, by and between the City of Aliso Viejo, a municipal organization 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 .JR Dira, a Sole Proprietor, with its principal place of business at 14037 Deepwater Bend Rd, Corona, CA 92880 ("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 CUSTOMIZED ( IN-HOUSE) C I T Y GIS IMPLEMTATION & SUPPORT 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 GIS SUPPORT consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City. 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 GIS SUPPORT 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. l .2 Term. The term of this Agreement shall be from August 16, 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. 2018-60367.01100\30610656.2 - 1 -
61 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 Ce1tification (IRS Form W-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 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 prope1ty, 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: JR Dira .
3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Isaac Aziz, 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.
2018-60367.0 l I00\306 I0656.2 -2 -
62 3.2.6 Consultant's Representative. Consultant hereby designates JR Dira, or his or her designee, to act as its representative for the performance of this Agreement("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all p01tions ofthe Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Consultants, and other staff at all reasonable times.
3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions ofthis Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion ofthe Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any ofthe 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 and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to 2018-60367.01100\30610656,2 - 3 -
63 commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set fo1th herein, Consultant agrees to amend, supplement, or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol I) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, my exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
2018-60367 .o 11oo\3D610656.2
(d) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
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64 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:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (c) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (cl) Workers' Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) clays shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by 2018-60367.01100\30610656.2 - 5 -
65 the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies,or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies.
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 2018-60367.01100\30610656,2 -6 -
66 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 as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed Seventy-five Thousand Dollars ($75,000) ("Total Compensation") without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will I be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work'' means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 .5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section I720, 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 Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification ortype ofworker needed to execute the Services available 2018-60367.01100\30610656.2 - 7 -
67 to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. 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.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination ofAgreement.
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.
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 ofthe 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:
JR Dira
14037 Deepwater Bend Rel
Corona, CA 92880
Attn: JR Dira
2018-60367.0l 100\306106562 - 8 -
68 City:
City of Aliso Viejo
12 Journey, Suite l 00
Aliso Viejo, CA 92656
Attn: Isaac Aziz
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 ofthe method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, tothe related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. 2018-60367.01100\30610656,2 - 9 -
69 Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal actionbrought to compel such release; and/or(2) a final and non-appealable order bya 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 Letter of Agreement. Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City's Fraud Prevention Policy. A finding by the City that any of Consultant's employees have committed fraud against the City or have violated the City's Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Letter of Agreement at City's request and/or termination of this Letter of 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.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
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 2018~60367.01100\30610656.2 - 10 -
70 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 ofthe State of California. Venue shall be in Orange County.
3.5.10 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement, or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
20! 8-60367.01100\30610656.2 - 11 -
71 3.12 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City's Minority 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 Consultant and all of Consultant's employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
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72 3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on followingpage.]
2018~60367.01100\30610656.2 - 13 -
73 IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this 29th day of July 2023.
CITY OF ALISO VIEJO J.R. Dira
By: By:
David Doyle
City Manager
Name: _
Title: _
ATTEST:
By:
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary,
AND CORPORATE SEAL OF
CONSULTANT REQUIRED]
By:
By:
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET:
By:
Ann Eifert
Director of Financial Services
2018-60367.0l 100130610656.2 - 14 - 74
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 pe1jury that the foregoing is true and was executed at:
2018-60367.01100\30610656.2 - 15 -
75 CITY OF ALISO VIE.JO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City's "Fraud Prevention Policy" dated October l, 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 o r not such policies and practices were contained in written policies, this policy shall prevail.
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76 EXHIBIT "A"
SCOPE OF SERVICES
The tasks below outline steps for GIS development and maintenance. The scope of work will not necessarily be limited to or inclusive of these tasks below.
I. Install Software:
Install purchased ESRI software to allow data and map creation/updates.
2. Create new GIS file Structure.
Create a file structure where GIS data can be easily searched and maintained.
3. Obtain new GIS data.
Obtain new GIS data that can be useful for the city of Aliso Viejo.
4. Update existing GIS maps.
Update existing GIS maps with updated data and map template.
5. Create new GIS map.
Create new GIS maps that will benefit the city staff and public.
6. Set up and configure online WebGIS.
Set up ArcGIS online account and securities.
7. Create Web and mobile GIS maps.
Utilizing ArcGIS online, online Web maps wi11 be created for specific subject matter (i.e. parcels,
zoning, and trash pickup). Online Web maps will be accessible for mobile use as well.
8. Continuous oversite on GIS system: data create/ update.
Continuous support GIS needs for the city. Create/ modify GIS data and maps. 60367.01100\30610656. 2 C-1
77 EXHIBIT "B"
COMPENSATION
Service
GIS/ESRI Support, WebGIS,
ArcGIS, and Documentation
Hourly Rate
$100.00
60367.01100\30610656. 2 C-2
78 City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 2023
TO: Mayor and City Council
FROM: Isaac Aziz, IT Manager
SUBJECT: AGREEMENT FOR ENTERPRISE LAND MANAGEMENT MAINTENANCE
AND SUPPORT SERVICES
Recommended Action:
Approve and authorize the City Manager to execute a Professional Services Agreement with Go Live Technologies, Inc., for Enterprise Land Management System (ELM) related maintenance and support for a period of two years in an amount not to exceed $140,000.
Fiscal Impact:
Funding in the amount of $85,000 is included in the FY 2023-24 Budget, which includes $30,000 in grant funds from the California Energy Commission. The balance of the agreement in the amount of $55,000 will be budgeted in FY 2024-25.
Background:
An Enterprise Land Management (ELM) System is software that enables the City to conduct some of the core functions of a local municipality. An ELM facilitates the creation, compliance, tracking, scheduling, and issuance of Planning Permits, Building & Safety Permits & Inspections, Solar Permits & Inspections, Code Enforcement cases, and Planning Applications.
City staff relies heavily on the use of the Tyler EnerGov application to provide the aforementioned services. Go Live Technology has successfully provided general EnerGov support including the implementation of software and functionality enhancements to the ELM System since July of 2018.
Discussion:
Pursuant to the City's ongoing initiative to secure a service agreement for the enhancement and maintenance of our Enterprise Land Management (ELM) software, the City received proposals from two vendors specializing in ELM solutions. 79
Subsequent to a review and analysis of the bids received, it was ascertained that Go- Live Technology, Inc. emerged as the most suitable vendor to align with the City's strategic objectives. This selection is predicated on Go Live Technology's established history of delivering top-tier ELM services to municipalities across diverse scales and complexities. Furthermore, Go Live Technology, Inc. has demonstrated an intricate comprehension of the City of Aliso Viejo's nuanced ELM requirements, having collaborated with the City on prior engagements, thereby exhibiting familiarity with our specialized operational needs.
In view of these considerations, it is staff’s recommendation that the City award the ELM service agreement to Go-Live Technology, Inc., ensuring a continued partnership that aligns with our technological goals and serves the best interests of the community.
Go Live Technology, Inc. will provide ELM support and maintenance as well as additional consultants to the City of Aliso Viejo on an as needed basis to support the EnerGov Application and Databases. Common consulting services include semi-annual updates, staff training and support, and vendor management, among other services.
Additional project deliverables for FY 2023-24 are listed in Exhibit A of the Professional Services Agreement. Moreover, Go Live will assist the City of Aliso Viejo with not only streamlining service delivery both online and at the front counter, but also bolster resident/customer engagement by offering a convenient and secure platform for accessing city services.
Attachment:
1. Agreement
80 2018-60367.01100\30610656.2 - 1 -
CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
ENTERPRISE LAND MANAGEMENT MAINTENANCE AND SUPPRORT
1. PARTIES AND DATE.
This Agreement is made and entered into this 16th day of August 2023, by and between the City of Aliso Viejo, a municipal organization 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 Richard Chenette, a Go Live Technology, Inc. , with its principal place of business at 26632 Via Cuervo, Mission Viejo, CA 92691 (“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 Enterprise Land Management Maintenance and Support 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 Enterprise Land Management System Maintenance and Support consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
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 Enterprise Land Management System Maintenance and Support consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 16, 2023 to June 30, 2025, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 81 2018-60367.01100\30610656.2 - 2 -
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. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 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: Richard Chenette.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Isaac Aziz , 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.
82 2018-60367.01100\30610656.2 - 3 -
3.2.6 Consultant’s Representative. Consultant hereby designates Richard Chenette, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to 83 2018-60367.01100\30610656.2 - 4 -
commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
84 2018-60367.01100\30610656.2 - 5 -
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:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (c) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (d) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by 85 2018-60367.01100\30610656.2 - 6 -
the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
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 86 2018-60367.01100\30610656.2 - 7 -
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 as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed One Hundred and Forty Thousand Dollars ($140,000) (“Total Compensation”) without written approval 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.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages. 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 Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected 87 2018-60367.01100\30610656.2 - 8 -
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.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
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:
Go Live Technology, Inc.
Richard Chenette
26632 Via Cuervo
Mission Viejo, CA 92691
Attn: Richard Chenette
City:
City of Aliso Viejo
12 Journey, Suite 100
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Aliso Viejo, CA 92656
Attn: Isaac Aziz
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the 89 2018-60367.01100\30610656.2 - 10 -
Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Fraud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Letter of Agreement. Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Letter of Agreement at City’s request and/or termination of this Letter of 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.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
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.
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3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.10 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority 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 Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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[Signatures on following page.]
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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:
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 under stand 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 su ch policies and practices were contained in written policies, this policy shall prevail.
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EXHIBIT “A”
SCOPE OF SERVICES
Enterprise Land Management Maintenance, SolarApp, and Support:
Go Live Technology, Inc. understands the needs of the city of Aliso Viejo and will successfully guide the City with Energov system maintenance.
1. Develop Land Management maintenance schedule.
2. Develop Land Management Functionality update schedule.
3. Gather User Requirements
4. Develop RFP’s
5. Develop evaluation and assessment documents.
6. Create necessary documentation
7. General guidance
Land Management System
Business License
Planning
Building
Code Enforcement
11. Technical guidance
Hardware
3rd Party Software
Data conversion
Data Integration
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EXHIBIT “B”
COMPENSATION
Payments & Terms due upon receipt
Hourly Rate:
Application Support Services 90.00
Project Management / Consulting 135.00
Rate includes both onsite and remote work and will be invoiced monthly. 98 City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WITH RDA, LLC FOR PLANNING CONSULTANT SERVICES
Recommended Action:
Approve and authorize the City Manager to execute a second amendment to the Professional Services Agreement with RDA, LLC to increase the total compensation by $65,000.
Fiscal Impact:
The cost for the services provided under the second amendment is $65,000. A total of $5,000 was already spent as part of the FY 2022-23 budget and the remaining $60,000 is available in the adopted FY 2023-24 budget.
Background:
In March 2022, the City Manager entered into a professional services agreement with RDA, LLC (“RDA”) to provide consulting services for the Town Center Vision Plan. In October 2022, the City Council approved an increase in the total compensation amount to $95,000.
To date, RDA reviewed feasibility studies, conducted additional research, prepared revised design concepts and detailed proforma, and participated in meetings with City staff and certain Town Center property owners. The Town Center property owners have recently gained momentum and are actively involved in potentially amending their Covenants, Conditions, and Restrictions (“CC&Rs”) to remove certain development restrictions recorded on their properties. The increased activity required additional RDA involvement, resulting in an expenditure of an additional $5,000 over the approved $95,000 budget in FY 2022-23.
99
Discussion:
Staff is recommending that the compensation amount for the RDA, LLC professional services agreement be increased by $65,000 to continue the efforts of the Town Center Vision Plan. The increased compensation amount includes the expended $5,000 for FY 2022-23 and $60,000 for FY 2023-24 to allow RDA, LLC to continue providing services through the end of the fiscal year (June 30, 2024). No changes are proposed to the agreement term, which ends on June 30, 2025.
Attachment:
1. Agreement Amendment
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60367.01100 \33489405.1
CITY OF ALISO VIEJO
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR PLANNING CONSULTANT SERVICES
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement for Planning Consultant Services (“Second Amendment”) is entered into on the ____ day of ________, 2023, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and RDA, LLC, a California Limited Liability Company (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 March 21, 2022 (“Agreement”).
2.2 First Amendment. The Parties entered into a First Amendment to increase the total compensation under the Agreement by Forty-Five Thousand Dollars ($45,000).
2.3 Second Amendment. The Parties now desire to amend the Agreement to increase the total compensation under the Agreement by Sixty-Five Thousand Dollars ($65,000).
3. TERMS.
3.1 Compensation.
The total compensation for the Services provided pursuant to the Agreement and this Second Amendment shall not exceed One Hundred and Sixty Thousand Dollars ($160,000) without written approval of the City Manager. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Second Amendment at the rates set forth in Exhibit “C” attached hereto.
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 Second 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.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment. 101
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60367.01100 \33489405.1
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 Second Amendment.
3.5 Counterparts. This Second 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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60367.01100 \33489405.1
SIGNATURE PAGE FOR SECOND AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR PLANNING CONSULTANT SERVICES BETWEEN THE
CITY OF ALISO VIEJO AND RDA, LLC
IN WITNESS WHEREOF, the parties have executed this Second 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
[INSERT NAME]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
RDA, LLC a limited liability company
[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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60367.01100 \33489405.1
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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60367.01100 \33489405.1
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
105
EXHIBIT “A”
TO SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR PLANNING CONSULTANT SERVICES
SCOPE OF SERVICES
ASSUMPTIONS:
• My client would be with the City of Aliso Viejo.
• Seth Merewitz at Best, Best and Krieger (or a designated representative) will be the point of contact for communication and discussions with City Officials and property owners on the property.
• Legal transaction and land use matters or questions will be handled by Best Best & Krieger representing the City of Aliso Viejo. The "Project" for purposes of this proposal is essentially the concept plan and land use plan shown on page 20 and 23 respectively in the Gateway District Vision document which are the result of City Council approval of a "vision plan" for Town Center in 2015, further refined with workshops and other community input thru 2017.
• All the property directly affected (or occupied) by the Project is privately owned, except for lots 24 and 11 (both labelled "Aliso Park Plaza") on the Town Center Property Owners Diagram in the Appendix, which are publicly owned. Therefore, confidential discussions with 3rd party resources, tenant prospects, potential development partners or investors and landowners would not necessarily need to be public record.
• The City of Aliso Viejo has undertaken and completed several initiatives to facilitate and justify redevelopment of the overall site, including amending CC&Rs, REA's and Deed Restrictions to allow the types of uses and densities envisioned for the Project.
• The City of Aliso Viejo commissioned retail (Stoffel), residential and office (Concord), and hotel CBRE) feasibility studies to support the proposed Project.
Thosestudiesdatefrom2016and2017andlikelyneedupdating.
Metricsforboththeretailandresidentialrentalsectorshavechangedsignificantlyoverth epast5-6years. While construction and operating costs have escalated, residential rents have also increased significantly as well. Commercial retail rents have levelled off, and the focus is now on unique food and entertainment uses plus certain service uses that are resistant to online competition. There are new uses requiring a physical "store" that didn't exist in 2016. There are uses once considered "discounters" that are now considered mainstream. The City of Aliso Viejo is prepared to have these studies updated to make the most compelling case for the Project, if necessary. The cinema is a viable use in the near term, but longer -term prospects for that type of entertainment use are less certain. • The City of Aliso Viejo has not (yet) included the Town Center is any General Plan Land Use Element update. The redevelopment proposed would likely require 106
a General Plan Amendment for consistency, along with other zoning amendments and/or a Specific Plan.
• The City of Aliso Viejo is willing to assist or possibly even fund the required entitlement process including preparation/amendment of a Specific Plan, making other discretionary land use decisions, and preparing the required CEQA impact analysis for that amendment. Delivering an "entitled" project with owner participation on substantially pre -negotiated terms would greatly reduce risk for potential developers and make the projects far more attractive. • Likely the most challenging obstacle to implementing the Project is the fragmented ownership of the site. This is noted several times in the feasibility studies and has both short and longer -term consequences. In the short term any path forward likely involves creating a financial incentive for the current property owners to collaborate, cooperate and support the Project. Discussions/attempts thus far including a back- end "hope note" based on the potential future value of the redeveloped property and sharing potential parking revenue streams have been insufficiently compelling to get consensus from everyone. In the long term a coordinated merchandising, tenanting and programming of the overall re - developed property may be complicated by competing ownership interests. A joint venture agreement among the property owners could potentially include measures to reduce these inherent conflicts.
As mentioned previously, the strategy forgetting owner participation may include a direct approach with attractive short and longer -term financial incentives and mitigated risk, and/or a more oblique approach where an attractive project design could be executed in phases and substantial portions completed without the participation of every property owner. The prospect of being left out of the benefits afforded project participants could help convince reluctant or un-interested parties to get on board. That strategy would require further study of the plan and construction phasing of the project to provide credible alternate scenarios. • Due mainly to the cost of structured parking, the proforma for development of this type is likely to show a zero or negative residual land value. Assuming it makes economic and political sense, The City of Aliso Viejo may consider entering into a public private partnership for the funding and construction of project infrastructure, including roadways, utilities, parking structures and/or publicly accessible open space. It's also possible a hotel appropriate for the Project would only be feasible with some short- or medium -term financial assistance such as transit occupancy tax waivers or rebates.
The following broadly defined tasks could sequentially lead to the goal of an RFP/RFQ targeted to selected developers (either as JV partners or as a fee developer) for a feasible and substantially entitled project based on the assumptions above. The effort involved to pursue and complete each task is a little difficult to measure from this early vantagepoint, so this proposal covers only the first steps. Specifically, developing a presentation of strategies and ideas to present to property owners to solicit feedback and gage interest in supporting the redevelopment plan.
TASKA — Records/Research/Field Study This is well underway already — are view of feasibility studies, design and planning drawings, economic analysis, background on community 107
input and priorities, discussions/conversations with property owners, and review available land use related documents and amendments. I would also use this time to survey other competing projects in the region to compile a list of "good ideas" and gather evidence that it's time for A VTC to act.
Time required: Approximately2-3weeks.
Deliverables: Written summary of findings and recommendations, presentation and discussion.
TASK B — Strategy Presentation
Based on current feasibility studies, estimated rent income, and updated construction and leasing costs, I would extrapolate the proforma to a 2023 or 2024 build out year to find opportunities to incentivize property owners. Rather than construct a new detailed proforma and cashflows, this would be a "back of napkin" sources and uses analysis intended to identify opportunities. After reviewing those with the City, some additional research and supporting analysis may be needed to make a defensible presentation to property owners. Also, some additional design/sketch work may be required if the program, concept or phasing need adjustment based on updated numbers (or feedback from owners shared during a later task).
I will assume that the City will carry the CEQA related compliance costs and that a mixed-use developer chosen through the RFP process would carry preconstruction costs for design and permitting the project, financing and marketing the project, and the legal costs for creating joint venture agreements with property owners, for pre- leasing and for operating agreements with hotel operators, and any pre -leasing with commercial tenants. Certain other costs, such as offering rent abatement for existing tenants during the construction phase, would be a part of any overall property owner incentive package and be funded by the City, by the developer, or some combination. Part of the presentation work will be developing a reasonable estimate of those kinds of project related soft costs.
Time required: Subject to the timing of feasibility study updates, approximately 2-3 weeks to work on the proforma and create a menu of supportable incentive options and strategies for property owners that the City would approve.
Deliverables: Extrapolated proforma including projected costs and income, and updated concept plan, if required, along with a narrative outline of strategies and ideas to incentivize landowners and obtain their consent (via an LOI or MOU) to move forward with entitlements and the preparation of an RFI/RFQ. Presentation and Discussion.
TASK C — Discussions with Property Owners
Presentation to property owners and key stake holders to reach a deal (an MOU, Letter of Intent leading to a draft JV Agreement to be executed by the successful developer) by which owners would contribute land and support the Project in exchange for to -be -determined financial benefits in the near and long term, in addition to the consequential benefits to commercial retail sales and property values that are expected to result from a substantial new financial investment in the Project. This task would occur in close cooperation with the City. 108
Several years have passed since this initiative first launched and the urgency for taking action to keep the property competitive has only increased. Even so we would assume several rounds of discussions and negotiations are needed to coordinate and reconcile potentially conflicting requirements and concerns of the parties.
Time required: Depending upon the availability/accessibility of the property owners, 1-3 months for discussions and negotiations.
Deliverables: Presentation materials supporting arguments in favor of the Project targeted to affected property owners and other stakeholders. The outcome of this task, obtaining the approval and cooperation of critical property owners, creates the opportunity for the project to move forward with entitlements, Task B and Task C above are both decision points. If in the opinion of the City the ideas and strategies developed are not sufficiently compelling to present, or if the feedback from property owners after presenting those ideas is generally unfavorable, then the City may choose to move forward in a different direction.
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EXHIBIT “B”
SCHEDULE OF SERVICES
TASK A - Records/Research/Field Study Time
required: Approximately 2-3 weeks.
Deliverables: Written summary of findings and recommendations, presentation and discussion.
TASK B — Strategy Presentation
Time required: Subject to the timing of feasibility study updates, approximately 2-3 weeks to work on the proforma and create a menu of supportable incentive options and strategies for property owners that the City would approve.
Deliverables: Extrapolated proforma including projected costs and income, and updated concept plan, if required, along with a narrative outline of strategies and ideas to incentivize landowners and obtain their consent (via an LOI or MOU) to move forward with entitlements and the preparation of an RFI/RFQ. Presentation and Discussion.
TASK C — Discussions with Property Owners
Time required: Depending upon the availability/accessibility of the property owners, 1-3 months for discussions and negotiations.
Deliverables: Presentation materials supporting arguments in favor of the Project targeted to affected property owners and other stakeholders. The outcome of this task, obtaining the approval and cooperation of critical property owners, creates the opportunity for the project to move forward with entitlements, Task B and Task C above are both decision points. If in the opinion of the City the ideas and strategies developed are not sufficiently compelling to present, or if the feedback from property owners after presenting those ideas is generally unfavorable, then the City may choose to move forward in a different direction.
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EXHIBIT “C”
TO FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR PLANNING CONSULTANT SERVICES
COMPENSATION
FEE ESTIMATE (excluding other resources that may be added to the team with the City's prior approval).
Task A Records/Research/Field Study 20 hours $ 3,000-5,000 Task B Proforma Update 80 hours $30,000-35,000
Task C Owner/Stakeholder Presentations 60 hours $35,000-45,000 In addition, I would be thrilled to continue to represent the City of Aliso Viejo in the implementation of the project in partnership with the successful developer(s) as deemed necessary and beneficial.
HOURLY RATES
Brian Cornelius $225/hour
Steve Hanna $225/hour
Dan Burgner $290/hour
Expenses reimbursed at cost plus 10%%
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City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT FOR STC TRAFFIC, INC. FOR ON-CALL TRAFFIC
ANALYSIS
Recommended Action:
Approve and authorize the City Manager to execute a second amendment to the professional services agreement with STC Traffic, Inc. to increase the compensation amount by $50,000 for a total compensation amount of $100,000.
Fiscal Impact:
There will be no fiscal impact as project applicants will be required to submit deposits up front to cover the cost of STC Traffic, Inc. services.
Discussion:
In September 2022, the City Manager authorized a professional services agreement with STC Traffic, Inc. (“STC”) to peer review applicant submitted traffic analysis for development projects. Subsequently, the agreement was amended to extend the agreement term to December 31, 2023.
STC has been reviewing traffic studies and the compensation amount needs to be increased by an additional $50,000 to continue providing peer review services. There will be no fiscal impact as STC services will be paid by project applicants through deposit accounts.
Attachment:
1. Agreement Amendment
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CITY OF ALISO VIEJO
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING SERVICES
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement for Traffic Engineering and Transportation Planning Services (“Second Amendment”) is entered into on the ____ day of ________, 2023, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and STC Traffic, 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 Traffic Engineering and Transportation Planning Services dated September 7, 2022 (“Agreement”).
2.2 First Amendment. The Parties entered into a First Amendment to extend the agreement for an additional one-year term, ending December 30, 2023.
2.3 Second Amendment. The Parties now desire to enter into a Second Amendment to the Agreement to increase the compensation amount by $50,000, to a total of $100,000.
3. TERMS.
3.1 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 building & safety and code enforcement consultant services (“Services”). The Services are more particularly described in Exhibit “A” titled Scope of Services, 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.
3.2 Compensation.
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 not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) (“Total Compensation”) without approval of the City’s City Manager. Extra work may be authorized, as described in the Agreement and will be compensated at the rates and manner set forth in the Agreement. 113
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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 Second Amendment.
3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second 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 Second Amendment.
3.6 Counterparts. This Second 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 PROFESSIONAL SERVICES
AGREEMENT FOR TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING SERVICES BETWEEN THE CITY OF ALISO VIEJO AND STC TRAFFIC, INC.
IN WITNESS WHEREOF, the parties have executed this First 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
Charles Abbott Associates, 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”
SCOPE OF SERVICES
STC offers a comprehensive suite of services to support all of the City's transportation needs, as highlighted below.
Traffic Engineering Design Services
• Traffic Signal Plans
• Signing and Striping Plans
• Traffic Control Plans
• Street Lighting/Electrical
Design
• Roadway and Intersection
Design
• Complete Streets Design
• Bicycle and Pedestrian
Facilities Design (including
Cyde Tracks and Multi-Use
Paths)
• Roundabout Design
• Traffic Calming Measures
• ADA Compliance
• GIS Analysis and Exhibits
• Engineering Plan Checks
• Traffic Signal Assessments
• Field Reviews
• Signal Warrant Analysis
• Multi-Way Stop Warrant Analysis
• Sight Distance Evaluations
• Communication Systems
Design (including Fiber Optic
Traffic Signal Interconnect)
• Signal nming and Coordination Plans
• Traffic Data Collection
• Agency Permits
• Utility Coordination
Transportation Planning Services
• Traffic Impact Analysis and
Reviews
• VMT Analysis. and Reviews
• Trip Generation Analysis
• Parking Studies
• Corridor Studies
• Feasibility Studies/Alternatives
Analysis
• Complete Streets Studies
• Neighborhood Traffic Calming
Assessments
• Local Mobility Assessments
• School Zone Safety
Evaluations/Walk Audits
• Local Road Safety Plans
• Active Transportation Plans
• Safe Routes to Schools Plans
• Circulation and Mobility Elements
• CEOA/NEPA Support
• Transportation and Land Use Models
• Collision Analysis and Safety Countermeasures
• Grant Writing and Management
• Community and Stakeholder Engagement
• City Council and Planning Commission Support
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Traffic Engineering Systems and Operations Services
• Constructability Reviews • At-Grade Rail Crossing Operations • Construction Management • Transit Priority Systems
• Traffic Electrical Inspection Services • Traffic Signal and Comm. System Master Plans
• Maintenance Reviews • Bench Testing and Field Verifications • TMC Design, Operations and Mgmt • Systems Integration • Agency Staff Training • Systems Diagnostics and Troubleshooting • Performance Monitoring • ITS Planning. Design and Implementation • Traffic Signal Tuning & Control Logic • Communications &Network Engineering 119
EXHIBIT “B”
COMPENSATION
STC Fee Schedule
Executive/Management Classifications Hourly Rate
Principa1-1n-Charge $270
Senior Principal Manager $250
Principal Manager $230
Senior Project Manager $210
Project Manager $190
Professional Engineering Classifications
Principal Engineer $220
Senior Project Engineer $200
Project Engineer $180
Associate Engineer $150
Assistant Engineer $120
Professional Planning Classifications
Principal Planner $190
Senior Project Planner $170
Project Planner $150
Associate Planner $130
Assistant Planner $110
Technical/Specialized Classifications
Senior Technical Specialist $200
Construction Manager $190
Project Technical Specialist $180
Construction Engineer/Inspector $170
Other Classifications
Intern $90
Expert Witness $350
*The fee schedule includes an hourly range for classifications that are based on years of experience and expertise in the industry.
*STC Traffic is a local business and there are no direct costs for mileage. *Outsourced reimbursable expenses such as printing and reproduction, deliveries and overnight shipping, computerized plotting, materials, etc., willbe charged to the client at the consultant's cost without mark up.
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City of Aliso Viejo
AGENDA ITEM
DATE: August 16, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
John Kanlund, Contract Planner
SUBJECT: REQUEST TO APPROVE SITE DEVELOPMENT AND CONDITIONAL USE PERMITS (SDP-2023-00002 AND USE-2023-00008) FOR THE
CONSTRUCTION OF A TWO-STORY CLASSROOM BUILDING AND SITE
IMPROVEMENTS
Recommended Actions:
1. Open and conduct a public hearing;
2. Find that the request is consistent with the California Environmental Quality Act (CEQA) pursuant to CEQA Sections 15314, 15070 to 15075, 15097, 15164; and
3. Adopt a Resolution approving Site Development and Conditional Use Permits (SDP- 2023-00002 and USE-2023-00008) for the construction of a two-story classroom building and site improvements.
Background:
In 1993, the County of Orange approved the development of St. Mary’s private school at 7 Pursuit. The school property is within the Community Facilities (CF) zoning district.
Surrounding land uses are single-family residential with Coast Hills Community Church to the west.
St. Mary’s (“school”) is a private, nondenominal Christian school offering preschool through eighth grade with a maximum enrollment of 732 students. There are 95 full-time employees and 19 part-time employees associated with the school. The existing site consists of a 32,500-square-foot athletic/fine arts building, a 31,400-square-foot classroom building, four portable buildings totaling about 15,800 square feet, and 118- space surface parking lot. The Applicant also has an existing reciprocal parking and access easement agreement with the adjacent Coast Hills Church which allows for the school to use the 342 parking spaces in the Coast Hills Church’s parking lot on weekdays from 6:00 a.m. to 6:00 p.m.; back-to-school nights from 6:00 p.m. to 11:59 p.m.; and on other days and times mutually agreed to by both parties. The parking agreement also 121
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allows Coast Hills Church to use the school’s 85 parking spaces on Sundays from 6:00 a.m. to 11:59 p.m., Saturdays from 4:00 p.m. to 11:59 p.m., and on agreed holidays.
Discussion:
The applicant proposes the following improvements to the school campus:
Remove four portable buildings totaling approximately 15,800 square feet that cover the southern half of the campus.
Construct a new two-story, 42’-6” tall, 28,439 square foot building to replace the four portable buildings.
Construct a new preschool playground.
Construct a new courtyard with upgraded outdoor furniture and landscape/hardscape.
The portable buildings will be temporarily relocated to the northern half of the campus during construction, then completely removed upon completion of the new two-story building.
Site Development Permit
Pursuant to Aliso Viejo Municipal Code (“AVMC”) Section 15.74.020 Site Development Permits (“SDP”), an SDP is required for all projects which involve building construction.
The proposed project involves the construction of a new two-story classroom building and therefore, an SDP is required. The following findings shall be made by the decision- making authority prior to the approval of any SDP.
1. Consistency with General Plan. The project is consistent with the general plan and any applicable specific plan.
There is no specific plan associated with the project site, however a master plan was approved for the project site under County of Orange, prior to the City’s incorporation. Therefore, the City’s General Plan and the master plan are the guiding documents for developments on the project site. The existing private school use is consistent with the underlying land use designation of Community Facilities, which permits public and private schools. The proposed project is consistent General Plan Land Use Element Policy LU-2.4 that encourages land uses that complement (in type, size, scale, and design) the community’s topography, scenic vistas, and natural resources; and LU-5.4 that encourages cooperation with other agencies to address regional issues and opportunities related to housing, infrastructure, water supply, transportation, and other growth- related planning issues. The proposed project allows for accommodation of growth-related planning issues pertaining to existing schools' availability and capacity. The proposed project would allow for permanent classrooms, allowing existing capacity to remain, as portable classrooms are not intended to be 122
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permanent solutions to classroom facilities need. Based on consistency with these policies, this finding can be made.
2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and is consistent with this code and any applicable specific plan.
The project site is zoned Community Facilities and private schools are allowed with the approval of a conditional use permit in this zone. The proposed project is for a new classroom building and onsite improvements for a private school which has operated at this location since 1993. The proposed building is in compliance with the development standards of AVMC, which include and are not limited to, setbacks, height, open space, and floor area ratio. There are no changes to the existing number of parking allocated to the site, which includes 85 surface parking spaces on site and the use of the adjacent Coast Hills Community Church (“church”) parking lot allowed through an existing parking agreement. The parking agreement allows the school to utilize the church parking lot on weekdays from 6 a.m. to 6 p.m. and on special events (e.g. back to school and open house, etc.).
As the proposed project replaces existing portable buildings with reduced enrollment count, the parking remains adequate for the site. Therefore, this finding can be made.
3. Compliance with the California Environmental Quality Act (CEQA). Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
The City adopted a Mitigated Negative Declaration for previous site improvements on the school campus (SDP 05-14). The applicant will be required to comply with the previously adopted mitigation measures. With the following mitigation measures added as conditions of approval, this finding can be made.
Mitigation Measure 19
Prior to the relocation and/or removal of the portable classroom buildings, the project Applicant shall submit an interim parking plan to City staff for approval. The interim parking plan shall ensure that adequate parking will be available to accommodate the school’s demand for parking during the construction phase to offset the temporary loss of on-site parking. The plan may propose such measures as parking on one side of Pursuit, a joint parking arrangement with Coast Hills Church, remote parking with shuttle service, increased staggering of school hours for different grades, and/or other measures as deemed necessary by the City.
Mitigation Measure 20
Prior to issuance of the grading permit, the project Applicant shall submit a drop- off/pick up plan to City staff for approval. If, in the judgement of the City, adequate 123
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queuing cannot be provided, the Applicant shall submit an alternative site plan to the City (such as shown on the attached exhibit: “Alternative Site Plan with All Queuing Onsite” that accommodates both queuing and the school’s parking demands on the school property. Staff has determined the project is consistent with the Negative Declaration adopted pursuant to the California Environmental Quality Act (CEQA) therefore the proposed project would be consistent with the original project analyzed in the Adopted Mitigated Negative Declaration.
4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, and roof styles, is compatible with surrounding development.
The proposed two-story classroom building is designed to blend harmoniously with the surrounding buildings. The new two-story building is designed to be consistent with the existing campus buildings utilizing similar architectural elements, colors, and materials. The two-story building is designed to be compatible with the surrounding uses and functionally for modernizing the existing campus from portable buildings into a permanent building. In addition, the project proposes architectural enhancements that are consistent with the modern contemporary theme of the existing campus buildings. For example, the proposed building façade includes modern fixtures and color tones with a square exterior stairway that provides access to the building and a modern architectural focal point to the building. Additionally, the proposed flat roof design will be compatible with other existing school buildings that will remain. The design of the new-two story classroom building is similar in scale and design to the existing buildings onsite and therefore, this finding can be made.
5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements, is compatible with surrounding development.
The Applicant proposes to remove the existing portable classroom structures on the project site and build a new two-story classroom building in its place. Site circulation and pedestrian amenities will be enhanced with the new courtyard, furniture, and landscape/hardscape. Exterior lighting will complement the use of the campus buildings and outdoor spaces will incorporate the City’s Crime Prevention Through Environmental Design standards as established in Appendix A of the Zoning Code. The proposed site enhancements will improve the site design and will be compatible with the surrounding development. Therefore, this finding can be made.
6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious 124
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transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project.
The proposed project includes updated landscape that will be compatible with the existing landscape and with the approved plant palette for the City. No vegetation is proposed that would block existing views of the surrounding topography or exceed the existing building height. Therefore, this finding can be made.
Conditional Use Permit
The project site located at 7 Pursuit is zoned Community Facilities and the proposed use, a private school with outdoor facilities requires a Conditional Use Permit according to AVMC 15.26.020. The previously approved Master Plan allowed for the development of a private school onsite, and the continued use of the reciprocal parking agreement. The previous approval allowed for up to 900 student enrollments with a CUP for Grades K-8.
The proposed use includes expansion of educational services to include early education (preschool) and a reduction of maximum enrollment from 900 students to 732 students.
The proposed changes require a CUP, subject to the following findings.
1. Consistency with General Plan. The land use is consistent with the general plan and any applicable specific plan.
This finding can be made as evidenced in SDP finding no. 1 above.
2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan.
This finding can be made as evidenced in SDP finding no. 2 above.
3. Compliance with California Environmental Quality Act. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
This finding can be made as evidenced in SDP finding no. 3 above.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
The project site is zoned Community Facilities, and it is intended to provide public, quasi-public, and private community use to serve the needs of residents, visitors, property owners, and workers in the City. Pursuant to Section 15.026.020, schools, private, with outdoor facilities, such as private elementary and high schools are subject to a Conditional Use Permit. The proposed two-story classroom would 125
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allow for a consolidation of temporary structures onsite into a permanent structure decreasing the quantity of buildings onsite. The expansion of educational services would not impact surrounding uses as the enrollment is proposed to be reduced from 900 to 732 students. The reduced number of students will lead to an overall reduction of existing impacts. Therefore, the proposed expansion of educational services onsite from K-8 to Preschool to 8th grade and construction of the new two- story classroom building would not result in adverse impacts to surrounding uses, and this finding can be made.
Public Notice:
In accordance with Aliso Viejo Municipal Code (AVMC) Section 15.70.070, a public hearing notice was mailed to all property owners and center current tenants within 300 feet of the subject property on August 3, 2023, and was previously published in the Laguna Niguel News on August 3, 2023. The City received one email correspondence requesting to view the proposed plans.
Attachments:
1. Resolution
2. Project Description Letter
3. Project Plans
4. Presentation
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Attachment 1
RESOLUTION NO. 2023- ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT AND
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A TWO-
STORY CLASSROOM BUILDING AND SITE IMPROVEMENTS AT 7
PURSUIT (SDP-2023-00002 AND USE-2023-00008)
WHEREAS, on December 10, 1997, the County of Orange Board of Supervisors adopted a Mitigated Negative Declaration and approved a Site Development Permit (SP-93-0079) for a Master Plan for the Saint Mary’s School located at 7 Pursuit; and WHEREAS, on March 23, 2023, Chris Savage of RGA Architects on behalf of Saint Mary’s School (Applicant), submitted an application to construct a two-story classroom building with site improvements (“Project); and
WHEREAS, pursuant to Title 14, California Code of Regulations, section 15367, the City is lead agency for the purposes of the Project; and
WHEREAS, on August 2, 2023, the City reviewed the proposed application and determined that the Project is consistent with the adopted Mitigated Negative Declaration for the Saint Mary’s School Master Plan; and
WHEREAS, on August 3, 2023, a public hearing notice was published in the Laguna Niguel news and mailed to all owners of real properties within 300 feet of the subject property; and
WHEREAS, on August 16, 2023, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Determination of Recitals. The City Council hereby finds and determines that all the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.
Section 2. Approval of Project and Findings for a Site Development Permit.
In accordance with AVMC 15.74.020(D), the City Council hereby makes the following findings of fact and approves a Site Development Permit (SDP-2023-00002) to construct a two-story classroom building and site improvements, subject to the conditions set forth in Exhibit “A” and project plans set forth in Exhibit “B”, which exhibits are both attached hereto and incorporated herein by reference.
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1. Consistency with General Plan. The project is consistent with the general plan and any applicable specific plan. There is no specific plan associated with the project site, however a master plan was approved for the project site under County of Orange, prior to the City’s incorporation. The existing private school use is consistent with the underlying land use designation of Community Facilities, which permits public and private schools. The proposed Project is consistent General Plan Land Use Element Policy LU-2.4 that encourages land uses that complement (in type, size, scale, and design) the community’s topography, scenic vistas, and natural resources; and LU-5.4 that encourages cooperation with other agencies to address regional issues and opportunities related to housing, infrastructure, water supply, transportation, and other growth-related planning issues. The proposed project allows for accommodation of growth-related planning issues pertaining to existing schools' availability and capacity. The proposed Project would allow for permanent classrooms, allowing existing capacity to remain, as portable classrooms are not intended to be permanent solutions to classroom facilities need.
2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and is consistent with this code and any applicable specific plan. The Project site is zoned Community Facilities and private schools are allowed with the approval of a conditional use permit in this zone. The proposed project is for a new classroom building and onsite improvements for a private school which has operated at this location since 1993. The proposed building is in compliance with the development standards of AVMC, which include and are not limited to, setbacks, height, open space, and floor area ratio. There are no changes to the existing number of parking allocated to the site, which includes 85 of surface parking on site and the use of the adjacent Coast Hills Community Church (“church”) parking lot allowed through an existing parking agreement. The parking agreement allows the school to utilize the church parking lot on weekdays from 6 a.m. to 6 p.m. and on special events (e.g. back to school and open house, etc.).
As the overall enrollment will be reduced from 900 to 732 students, the existing parking remains adequate for the site.
3. Compliance with the California Environmental Quality Act (CEQA). Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The City adopted a Mitigated Negative Declaration for previous site improvements on the school campus (SDP 05-14).
The applicant will be required to comply with the previously adopted mitigation measures, with the following two conditions added as conditions of approval:
A. Mitigation Measure 19 - Prior to the relocation and/or removal of the portable classroom buildings, the project Applicant shall submit an interim parking plan to City staff for approval. The interim parking plan shall ensure that adequate parking will be available to accommodate the school’s demand for parking during the construction phase to offset the temporary 128
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loss of on-site parking displaced by the placement of the four portable classroom structures. The plan may propose such measures as parking on one side of Pursuit, a joint parking arrangement with Coast Hills Church, remote parking with shuttle service, increased staggering of school hours for different grades, and/or other measures as deemed necessary by the City.
B. Mitigation Measure 20 - Prior to issuance of the grading permit, the project Applicant shall submit a drop-off/pick up plan to City staff for approval. If, in the judgement of the City, adequate queuing cannot be provided, the Applicant shall submit an alternative site plan to the City (such as shown on the attached exhibit: “Alternative site Plan with All Queuing Onsite” that accommodates both queuing and the school’s parking demands on the school property. Staff has determined the project is consistent with the Negative Declaration adopted pursuant to the California Environmental Quality Act (CEQA) therefore the proposed project would be consistent with the original project analyzed in the Adopted Mitigated Negative Declaration.
4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, and roof styles, is compatible with surrounding development. The proposed two-story classroom building is designed to blend harmoniously with the surrounding buildings. The new two-story building is designed to be consistent with the existing campus buildings utilizing similar architectural elements, colors, and materials. The two-story building is designed to be compatible with the surrounding uses and functionally for modernizing the existing campus from portable buildings into a permanent building. In addition, the project proposes architectural enhancements that are consistent with the modern contemporary theme of the existing campus buildings. For example, the proposed building façade includes modern fixtures and color tones with a square exterior stairway that provides access to the building and a modern architectural focal point to the building. Additionally, the proposed flat roof design will be compatible with other existing school buildings that will remain. The design of the new-two story classroom building is similar in scale and design to the existing buildings onsite.
5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements, is compatible with surrounding development. The proposed Project includes the removal of existing portable classroom structures and the construction of a new two-story classroom building in its place. Site circulation and pedestrian amenities will be enhanced with the new courtyard, furniture, and landscape/hardscape. Exterior lighting will complement the use of the campus buildings and outdoor spaces will incorporate the City’s Crime Prevention Through Environmental Design standards as established in Appendix A of the Zoning Code. 129
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The proposed site enhancements will improve the site design and will be compatible with the surrounding development.
6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed project includes updated landscape that will be compatible with the existing landscape and with the approved plant palette for the City. No vegetation is proposed that would block existing views of the surrounding topography or exceed the existing building height.
Section 3. Approval of Project and Findings for a Conditional Use Permit.
In accordance with AVMC 15.74.040(C), the City Council hereby makes the following findings of fact and approves a Conditional Use Permit (USE-2023-00008) to expand the existing educational services from grades K through 8 to Pre-K through 8, subject to the conditions set forth in Exhibit “A” and project plans set forth in Exhibit “B”, which are exhibits are both attached hereto and incorporated herein by reference.
1. Consistency with General Plan. The land use is consistent with the general plan and any applicable specific plan as evidenced in Section 2.1 above.
2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan as evidenced in Section 2.2 above.
3. Compliance with California Environmental Quality Act. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act as evidenced in Section 2.3 above.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The project site is zoned Community Facilities, and it is intended to provide public, quasi-public, and private community use to serve the needs of residents, visitors, property owners, and workers in the City. Pursuant to Section 15.026.020, schools, private, with outdoor facilities, such as private elementary and high schools are subject to a Conditional Use Permit. The proposed two-story classroom would allow for a consolidation of portable structures to a permanent structure, decreasing the quantity of buildings onsite. The expansion of educational services would not impact surrounding uses as the enrollment is proposed to be reduced from 900 to 732 students. Reduced number of students will lead to an overall reduction of existing impacts.
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Section 4. Filing of Notice of Exemption. The City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed Project. Additionally, the Notice of Exemption for this project will be posted on the City of Aliso Viejo website, filed in the State Clearinghouse CEQA website, and provide the notice to parties requesting NOE notification.
Section 5. Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of the records is the City Clerk.
PASSED, APPROVED AND ADOPTED this 16th day of August 16, 2023. _____________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 16th day of August, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
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EXHIBIT “A”
SITE DEVELOPMENT AND CONDITIONAL USE PERMITS
(SDP-2023-00002 AND USE-2023-00008)
CONDITIONS OF APPROVAL
1. This approval is for the following improvements to the St. Mary’s school campus. a. Remove four portable buildings totaling approximately 15,800 square feet that covers the southern half of the campus.
b. Construct a new two-story, 42’-6” tall, 28,439 square foot building to replace the four portable buildings.
c. Construct a new preschool playground.
d. Construct a new courtyard with upgraded outdoor furniture and landscape/hardscape.
e. Temporary relocation of the four portable buildings to the northern half of the campus during construction, then completely removed upon completion of the new two-story building.
2. This approval constitutes a precise plan for location and design of uses, structures, features and materials submitted with this application. Development shall occur substantially as shown on the plans in Exhibit “B” and description letter approved for this Project and on file in with the Community Development Director, subject to any modifications imposed by the conditions of approval herein, as confirmed by the Community Development Director. Any land use, construction or improvement not specifically approved by this site development permit is not permitted and must be addressed in a separate and subsequent application and review. Relocation, alteration or addition to any use, structure, feature, or material not specifically approved shall require an amendment to the approved plans unless the Community Development Director determines such modifications are minor and consistent with the spirit and intent of the original approving action, and that the action would have been the same for the modifications as for the approved plans. The Community Development Director may approve such minor modifications in accordance with AVMC Section 15.74.110.
3. Approval of this permit would be valid for a period of two years from the effective date of approval of this permit. If building or other ministerial permits for the project are not issued within such period of time, the approval shall expire and shall therefore be null and void unless an extension is requested by the applicant prior to the expiration date and subsequently approved by the Director of Community Development.
4. The Applicant shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with conditions. All fees and expenses shall be paid in full prior to issuance of a certificate of occupancy.
Prior to issuance of applicable City approvals or permits, the applicant shall be fully responsible for reimbursing the City of Aliso Viejo for all expenses incurred to process the application and assure compliance with all conditions of approval. 133
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5. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit.
6. The Applicant shall be fully responsible for knowing and complying with all conditions of approval, including making conditions known to City Staff for future governmental permits or actions on the project site. Failure to abide by and faithfully comply with any and all conditions attached to the granting of these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120.
7. The Applicant shall indemnify, protect, defend, and hold the city, and/or any of its officials (appointed or elected), officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively 'Actions'), brought against the city, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the city and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the city) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, Planning and Zoning Law, Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed the city shall have the right to approve, which approval will not be unreasonably withheld, legal counsel providing the city's defense, and that Applicant shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The city shall promptly notify the Applicant of any action brought, and city shall cooperate with the Applicant in defense of the action.
8. All signs shall be maintained on the property in accordance with the Municipal Code and any adopted Sign Program in effect for the property.
9. This Resolution and Conditions of Approval shall be incorporated into building plans to all applicable reviewing agencies or authorities.
10. Tenant improvements shall be submitted for review, approved, and permits issued, and shall comply with standards, regulations, and requirements of current editions of the California Building Code, California Plumbing Code and California Mechanical 134
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Code, California Electrical Code, including any local amendments adopted by the City of Aliso Viejo.
11. Tenant improvements shall be submitted for review, approved, and permits issued, and shall comply with standards, regulations, and requirements of the Americans with Disabilities Act. At the discretion of the Building Official, the Applicant may be required to retain a Certified Access Specialist (CAS) to ensure compliance with applicable construction-related accessibility standards.
12. Roof-mounted mechanical equipment such as air conditioning, heating or ventilating units or ducting shall be screened from a horizontal line of sight. Such screening shall be architecturally consistent with the building and an integral part of the roof design so as not to appear as an architectural “afterthought.” For flat roofs, an architecturally consistent screen enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. The ground-mounting of mechanical equipment, with appropriate wall or landscape screening is required.
13. Prior to issuance of temporary or final certificate of occupancy, all OCFA (Orange County Fire Authority) inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150.
14. The Project shall be subject to the requirements of Title 15 Zoning Code, Appendix A Crime Prevention Through Environmental Design (“CPTED”). Based on the City Crime Prevention Specialist shall review and inspection of the Project, the Applicant shall make the required improvements and submit the necessary documentation showing compliance to the satisfaction of the Crime Prevention Specialist.
15. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within right-of-way landscaping areas whenever possible and shall be screened subject to the approval of the Community Development Director. When above ground obstructions are to be placed within sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction.
16. All backflow preventers, transformers, and other above-grade utilities shall be appropriately screened from public with walls and/or plantings, unless prohibited by another governing agency.
17. Design, maintenance, an operation of the permit area and facilities thereon shall comply with all applicable regulations of the City, and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit whether or not they are listed as conditions.
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18. All requirements and conditions of approval established under previous entitlements for the site shall remain in effect and the Owner/Developer shall be responsible for knowing and complying with said requirements and conditions.
19. If any hazardous waste is encountered during construction of any portion of this Project, all work shall be immediately stopped on that portion of the Project, and the Orange County Health Care Agency (OCHCA), the Orange County Fire Authority (OCFA), the Orange County Sheriff’s Department (OCSD), and the Director of Public Works shall be notified immediately. Work on that portion shall not continue until clearance has been issued by all of these agencies.
20. The Owner/Developer shall utilize a safe working environment policy, where all workers and visitor to the site must observe a 10-mile per hour speed limit in the constriction area.
21. The Owner/Develop shall utilize a safe zone around the construction area, where all unauthorized persons are restricted from entering the work site at any time and the public shall be protected from accidents and injury arising from the construction of the Project.
22. Landscaping shall be permanently and continuously maintained in a health manner by either the applicable management association or the property owner and shall be designed with efficient irrigation to eliminate runoff to the extend practical, promote surface filtration, and minimize use of fertilizers and pesticides which can contribute to urban runoff pollution.
23. The Site Development Permit and Conditional Use Permit shall be deemed established if the building permit issuance occurs within one year of the effective date of the approval of Site Development Permit SDP-2023-00002 and Conditional Use Permit USE-2023-00008 or within such time period designated by the approval body.
Conditions Required Prior to the Issuance of a Building Permit Planning Department Conditions
24.Mitigation Measure 19 - Prior to the relocation and/or removal of the portable classroom buildings, the project Applicant shall submit an interim parking plan to City staff for approval. The interim parking plan shall ensure that adequate parking will be available to accommodate the school’s demand for parking during the construction phase to offset the temporary loss of on-site parking. The plan may propose such measures as parking on one side of Pursuit, a joint parking arrangement with Coast Hills Church, remote parking with shuttle service, increased staggering of school hours for different grades, and/or other measures as deemed necessary by the City. 136
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25.Mitigation Measure 20 - Prior to issuance of the grading permit, the project Applicant shall submit a drop-off/pick up plan to City staff for approval. If, in the judgement of the City, adequate queuing cannot be provided, the Applicant shall submit an alternative site plan to the City (such as shown on the attached exhibit: “Alternative site Plan with All Queuing Onsite” that accommodates both queuing and the school’s parking demands on the school property. Staff has determined the project is consistent with the Negative Declaration adopted pursuant to the California Environmental Quality Act (CEQA) therefore the proposed project would be consistent with the original project analyzed in the Adopted Mitigated Negative Declaration.
Building Department Conditions
26. Prior to issuance of a Building Permit, the Owner/Developer shall obtain all necessary and required approval of project plans from all City Departments, County of Orange, and all other applicable outside agencies.
27. Prior to issuance of a Building Permit, the Owner/Developer shall submit payment, or proof of payment prior to issuance of a building permit for that particular phase any and all applicable plan check, school, water, sewer, Transportation Corridor, and other public benefit fees, if not previously paid. Owner/Developer shall submit evidence of said payments.
28. Sumit three (3) complete sets of plans (structural, mechanical, electrical, and plumbing). Said plans submitted shall contain two (2) copies of soil reports, liquefaction investigation reports and structural calculations.
29. All plans shall be designed in conformance with the 2022 editions of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, and the Aliso Viejo Municipal Code.
Fire Department Conditions
30. Prior to the issuance of necessary building permits, the Applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review and approval
a. Architectural (Service Codes PR200-PR285)
b. Hazardous materials compliance and chemical classification (Service Codes PR315-PR328)
c. Hazardous equipment, processes, or operations (Service Codes PR345- PR360)
d. High-piled storage (Service Code PR330)
e. Refrigeration and vapor detection/alarm system (Service Codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA guideline G-02 or the California Fire or Mechanical Codes 137
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31. Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required:
a. Fire Master Plan (service code PR145)
b. Prior to issuance of a building permit: Architectural Plan (service codes PR216), E/I4/B when required by the OCFA “Plan Submittal Criteria Form” Deferred submittals: this submittal may be deferred when acceptable to the Building Department, but the required conduit must be installed prior to concealing interior construction.
c. Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475)
d. Fire sprinkler system (service codes PR400-PR465)
Prior to concealing interior construction:
e. fire alarm system (service code PR500-PR520), if modified, provided voluntarily, or required by code.
Police Services Department Conditions
32. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), buildings, open parking lots, walkways, and accesses in nonresidential complexes shall conform to the following lighting standards:
a. All types of exterior doors shall be illuminated during darkness, with a minimum maintained 1-foot candle of light, measured within a 5-foot radius on each side of the door at ground level. The light source shall be controlled by a photocell device or an uninterruptible A.C. power source.
b. Recessed areas of buildings or fences, which have a minimum depth of 2 feet, a minimum height of 5 feet, and do not exceed 6 feet in width and are capable of human concealment, shall be illuminated with a minimum maintained 0.5 foot-candIe of light at ground level during the hours of darkness. This requirement only applies to defined recessed areas within 6 feet of the edge of a designated walking surface with an unobstructed pathway not hindered by walls or hedge row landscaping at least 2 feet in height. The light source may be motion detectors with a photocell device.
c. Stairways shall be illuminated with a vandal resistant light fixture with a minimum maintained 1 foot-candle of light on all landings and/or stair treads, during the hours of operation and darkness. The interior service stairways shall 138
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be painted a light, highly reflective color.
d. All interior or exterior corridors, passageways and walkways in any hotel, motel or inn shall be illuminated with a minimum maintained 1-foot candle of light on the walking surface.
e. All exterior pedestrian walkways, interior common corridors, and open parking lots shall be illuminated with a minimum maintained 1-foot candle of light on the walking or driving surface during operation and darkness. f. The light source utilized to comply with this section shall have a rated average bulb life of not less than 10,000 hours.
g. Accessible luminaires utilized to meet the requirements of this section shall have vandal resistant light fixtures and be not less than 3 feet in height from ground level when used to illuminate walkways and a minimum of 8 feet in height from ground level when illuminating surfaces associated with vehicles.
Light fixtures shall be deemed accessible if mounted within fifteen feet vertically or 6 feet horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. h. A site plan shall be provided showing buildings, parking area, walkways, detailed landscaping and a point-by-point photometric calculation of the required light levels. Foot-candles shall be measured on a horizontal plane and conform to a uniformity ratio of 4:1 average/minimum. Landscaping shall not be planted to obscure required light levels.
i. All lighting on the property shall be designed to prevent spillover onto neighboring properties.
33. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), to maintain sufficient illumination for security purposes, landscaping plans shall be designed so that trees and other landscaping do not obstruct light sources from outdoor fixtures, including parking lot lighting.
34. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), landscaping shall be designed so that trees and other landscaping do not obstruct views of traffic signs or address numerals on buildings.
Public Works Department Conditions
35. The Owner/Developer’s Landscape Plan shall be prepared by a State licensed landscape architect and shall include all proposed and existing plant materials (location, type, size, and quantity), an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval. The Owner/Developer shall post surety guaranteeing the construction of the improvements. The Plan shall be reviewed and approved by the Director of Public Works and the Community Development Director.
36. The Owner/Developer’s Landscape Plan shall include elements to the extent practicable to protect existing and proposed pavements from root damages. 139
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37. The Owner/Developer’s Landscape Plan shall conform to the City’s current Water Efficient Landscape Regulations at the time of submittal.
38. All graded slopes shall be permanently planted in a timely manner, meeting the Director of Public Works' approval and in compliance with the approved Landscape Plan with groundcover, trees and shrubs that will stabilize slopes and minimize erosion.
39. Pad certification by the Design Civil Engineer and Soil Engineer is required prior to commencing construction of any building foundation or structure.
40. Submit a Water Quality Management Plan that addresses comments provided to applicant that includes the following,
a. The project is proposing to not treat almost 7,500 sf area. They do not provide adequate technical justification. Additionally, they are attempting to use Impervious Area Dispersion site design measures in this area but have already proven that infiltration is not feasible. Not a valid hydrologic source control.
They are proposing the use of a Modular Wetland System which is ok because they are able to mitigate via biofiltration, but their proposed system is not sized for the required 1.5 times the treatment volume. The proposed MWS will have to be upsized. It does not appear that they are segregating flows from the undeveloped portion of the site. If flows are comingling, all must be mitigated.
This will significantly increase the required treatment volume.
Public Works Department Conditions
41. Prior to issuance of a Grading Permit, a construction phase Solid Waste Management Plan shall be prepared and submitted to the Director of Public Works for review and approval. This plan shall include specific measures to reduce refuse generated by construction of the proposed project. The Owner/Developer, property Owner/Developer, or successor in interest shall prepare a waste management plan, which shows how construction materials will be recycled, consistent with the City of Aliso Viejo Waste Reduction Ordinance.
42. Prior to issuance of a Grading Permit, a Solid Waste Management Plan for continuous solid waste handling shall be submitted to the Director of Public Works for review and approval. This Plan shall assure compliance with AB 939, AB 1594 and AB 1826 provisions to maximize recovery and recycling of solid waste generated on-site including green waste and organics. The plan shall include provisions for storing and handling of solid waste, including location and design of solid waste storage areas. Each area shall conform to the City’s Municipal Code and be designed and constructed in such a manner to be properly screened to prevent precipitation from entering waste containers and to assure water quality standards are maintained for any storm water which may enter a solid waste enclosure, and to 140
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provide adequate space for separation of wastes for recycling. The plan shall be reviewed by the City’s franchise solid waste hauler and appropriately modified to assure effective operations.
The Project shall require that the Solid Waste Management Plan reduces waste to landfills by a minimum of 75 percent.
43. All existing and proposed utilities shall be placed under ground, where feasible and acceptable to the utility provider, as approved by the Director of Public Works.
44. The Owner/Developer and its contractors shall use their best efforts to protect in place all survey monuments during construction. Disturbed monuments shall be reestablished.
45. Prior to issuance of a Grading Permit, the Owner/Developer shall have a geotechnical report prepared to the satisfaction of the Director of Public Works and at a minimum, the geotechnical report shall address the following:
a. The Owner/Developer or subsequent Owner/Developers shall contract with an Engineering Geologist and Geotechnical Engineer to quantify engineering properties of the on-site soil materials, to assess potential for weak soils or bedding layers which may affect cut or natural slopes, and to verify that grading planned within the project boundary will be remediated to result in an increase in landslide stability consistent with factors of safety approved by the city’s consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the Director of Public Works and consulting City Geologist and Geotechnical Engineer, further assess slopes adjacent to existing residential development areas. Further assessment must also address stability and mitigation measures for slopes adjacent to residential areas, as well as potential off-site impacts along access streets. Findings and recommendations of the geotechnical assessment shall be incorporated into the final design for commercial and residential structures. b. The Owner/Developer will determine with subsequent geotechnical studies, the location of any landslide or unstable slope areas. Landslides and slope areas shall be removed and re-compacted during grading to the satisfaction of the Director of Public Works and the City’s consulting Geotechnical Engineers. All cut and fill slopes, foundations, and structures, shall be designed and constructed to comply with the California Building Code (CBC) and applicable City and County Grading Ordinances. Modification to these standards shall be permitted only with written concurrence of the Director of Public Works.
c. An engineering geologist shall define final grading requirements for the site. All geological recommendations shall be reviewed and approved by the Director of Public Works. Foundation designs in areas where fault traces are identified 141
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that have been deemed inactive should address enhancing stability of buildings in the event minor movement occurs as a secondary effect of ground shaking.
d. An engineering geologist shall study all unanticipated faults exposed during grading to detect any evidence of possible recent activity and submit the findings to the Director of Public Works for review. No structure shall be placed within 50 feet of any fault trace.
e. Prior to issuance of a grading permit, the Developer shall submit to the Director of Public Works for review and approval, a detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The Geotechnical Engineering Report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. Also, the Report shall discuss contents of the soils as to presence or absence of any hazardous waste or other contaminants in the soils. Should additional geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. The Developer shall reimburse the City for all costs including the City’s administrative fee for this review. f. All recommendations included in the approved Geotechnical Engineering Report shall be implemented during project design, grading, and construction in accordance with the approved project. The Director of Public Works shall review all plans for conformance of grading plan-check the Developer’s geotechnical engineer shall sign the plans confirming that the grading plans incorporate recommendations of the approved soil report(s). g. ROG, NOX and dust during construction grading shall be suppressed by the following activities:
i. The Project and its contractors shall ensure that, during construction, contractors shall turn off all diesel-powered construction vehicles when those vehicles are not in use and prohibit idling of vehicles for longer than three minutes.
ii. All diesel engines used in construction equipment should use high- pressure injectors.
iii. All diesel engines used in construction equipment should use reformulated diesel fuel if commercially available.
iv. Fuel injection of all diesel engines used in construction equipment should be retarded two degrees from the manufacture’s
recommendation.
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v. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust.
vi. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust.
vii. Construction vehicles and trucks exiting the project site during grading operations shall be required to have the wash-downs to minimize dispersion of dust or other debris onto local streets.
h. The Owner/Developer shall submit a detail method and procedures with support analysis for review and approval to the Director of Public Works for backcut, and installation of buttress fills for cut slope remediation located throughout the project.
46. Backfill of any pipe or conduit shall be in conformance with the approved Geotechnical report or as otherwise specified by the Director of Public Works
47. Soil testing for trench compaction shall be performed on all trenching in conformance with the approved geotechnical report or as otherwise specified by the Director of Public Works.
48. Prior to issuance of a Grading Permit, the Owner/Developer shall submit to the Director of Public Works for review and approval, street improvement plans including drainage plans and hydraulic calculations prepared by a California Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements.
49. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the Director of Public Works prior to issuance of a Grading Permit.
a. The Owner/Developer shall ensure construction equipment is fitted with modern sound-reduction equipment.
b. Stationary noise sources that exceed 70 dbA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source.
c. Designated-parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as reasonably attainable from or otherwise shielded from existing residential neighborhoods.
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d. Prior to commencement of grading operations, immediately surrounding property owners, shall be notified in writing of construction schedules for major grading, including when clearing and grading is to begin. Content of this required communication shall be approved by the Director of Public Works.
50. Prior to issuance of a Grading Permit, the Owner/Developer shall submit to the City for review and approval, a grading plan for each phase, prepared by a California Registered Civil Engineer, and shall enter into an agreement and shall post sufficient surety guaranteeing completion of all grading approved by the Director of Public Works.
51. Off-site import or export operations requiring transport of an excess of 500 cubic yards of material shall require City approval prior to commencement of hauling or staged grading operations. The Project shall require that the site preparation and grading contractors limit the daily disturbed area to five (5) acres or less.
A haul route plan is to be submitted for review and approval by the Director of Public Works and Community Development Director. Additional surety for cleaning and or repair of the public streets shall be required as directed by the Director of Public Works. No stockpiles shall be placed on-site or off-site within the City without a grading plan approved by the Director of Public Works.
52. All requests for staged grading shall be submitted in writing to the Director of Public Works for review and approval (the amount of disturbed area shall be minimized to accommodate only the specific construction phase being constructed.)
53. Temporary irrigation, hydro-seeding and/or erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first.
54. Maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, a certified soils engineer will review plans and their recommendations will be subject to review and approval of the Director of Public Works.
55. During grading, the following requirements shall apply:
a. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the Director of Public Works and installation of erosion control facilities. Erosion control measures shall be in place and functional 144
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between October 1st and April 30th. In order to comply with the October 1 date, revised erosion control plans shall be submitted to the Director of Public Works no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release.
b. Prior to any work being conducted within the City right of way, the Owner/Developer shall obtain all necessary encroachment permits from Director of Public Works.
c. During site preparation and construction, the Owner/Developer shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operation, the Owner/Developer shall employ a superintendent for National Pollutants Discharge Elimination System (“NPDES”) compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on Saturday if the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, rent equipment and purchase materials to the extent needed to effectuate Best Management practices. The NPDES superintendent shall provide proof to the Director of Public Works of attendance and satisfactory completion of courses satisfactory to the Director of Public Works totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the Director of Public Works prior to employment of the NPDES superintendent.
d. During clearing, grading, earth moving or excavation operations, regular watering or application of other dust palliatives acceptable to the Director of Public Works shall be used to control dust. In addition the following measures shall apply:
i. Water (with potable or reclaimed at Owner/Developer’s discretion) all site access roads and material excavated or graded on or off-site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after completion of work for the day. Additional watering for dust control shall occur as directed by the Director of Public Works. The grading plan shall indicate the number of water trucks that will be available for dust control at each phase of grading.
ii. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour.) The contractor shall maintain contact with the Air Pollution Control District (APCS) Meteorologist for current information about 145
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average wind speeds. Water or securely cover all material transported off-site and on-site to prevent excessive amounts of dust. iii. Keep all grading and construction equipment on or near the site, until these activities are completed.
iv. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. v. Clean mud and dirt off heavy-duty construction vehicles before they leave the site.
56. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following levels.
a. Apply non-hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, see exposed surfaces with a fast growing, soil binding plant to reduce wind erosion and its contribution to local particulate levels.
b. Periodically, or as directed by the Director of Public Works, sweep public streets in the vicinity of the site to remove silt (i.e. fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities.
57. Prior to commencement of grading activities, the Owner/Developer shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation of facilities are planned and scheduled in consultation with the appropriate public agencies.
58. Prior to issuance of a Precise Grading Permit for any production phase, the Owner/Developer shall submit to the Director of Public Works and Community Development Director a letter from utility and service providers confirming availability of services (i.e. water, wastewater etc.) to and from the site.
59. During site preparation and construction, the Developer shall construct temporary storm water diversion structures as approved by the Director of Public Works.
60. There shall be no sheet or concentrated flow of drainage leaving the project site and crossing adjacent property or draining into the public right-of-way.
61. Prior to issuance of a Grading Permit, the Owner/Developer shall submit to the Director of Public Works for review and approval a Water Quality Management Plan to address water quality impacts of the project which is consistent with NPDES 146
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Permit (R9-2015-0100; R9-2013-0001 as amended by R9-2015-0001) and the current Orange County Model WQMP at the time of plan submittal. The plan shall address low impact development (LID) and hydromodification requirements. The management regime recommended in this Plan shall be the governing document for long-term maintenance of water quality features included in the project. The City shall periodically monitor adherence to plans and management guidelines contained in the Plan and may initiate action as necessary to ensure compliance by the property Owner/Developer with all conditions established by the plan.
62. As required by the State Construction General Permit and City of Aliso Viejo Stormwater Quality Management Program, a Storm Water Pollution Prevention Plan (SWPPP) shall be developed by a Qualified SWPPP Developer (QSD) to address pollution prevention and solid waste management during construction activities. Temporary erosion control measures shall be used during the construction process to minimize water quality impacts. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. A Qualified SWPPP Practitioner (QSP) shall be onsite during all construction activities. The following water quality assurance techniques shall be considered for implementation to the satisfaction of the Director of Public Works, as deemed necessary. a. Provide temporary soil cover, such as hydro-seeding, mulch, binder and erosion control blankets, to protect exposed soil from wind and rain. b. Incorporate silt fencing, berms, straw rolls, filter material and dikes to protect storm drain inlets and drainage courses.
c. Incorporate rough grade contours to reduce flow concentrations and velocities. d. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. e. Minimize soil exposure during the October through April rainy season. f. Install sediment traps or basins.
g. Maintain and monitor erosion/sediment controls.
63. To minimize water quality effects of permanent erosion sources, the following design features shall be considered for implementation into the project-grading plan to the satisfaction of the Director of Public Works. The Director of Public Works shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following:
a. Drainage swales, subsurface drains, slope drains, storm drain. b. Inlet/outlet protection and sediment traps.
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c. Check dams to reduce flow velocities.
d. Permanent desilting basins.
e. Permanent vegetation, including grass-lined swales.
f. Design of drainage courses and storm drain outlets to reduce scour. g. Infiltration areas.
64. Prior to issuance of a Grading Permit, Owner/Developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long-term operational effects on downstream environments and watersheds. A qualified Civil Engineer shall prepare this plan. Use of jute, polymer, or other artificial cover or alternate means as approved by the Director of Public Works will be required for all graded slopes during the period of October 1 through, and inclusive of April
30. Proposed erosion control methods shall consider provisions for use of vegetative filtering in preparation of detailed erosion control plans, as well as appropriate use of temporary debris basis, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for use of best available technology. The erosion control plan shall be reviewed and approved by the Director of Public Works prior to issuance of grading permits for grading.
65. The Owner/Developer shall be required to obtain all clearances as administered by the Regional Water Quality Board and State Water Resource Board. These permits shall be obtained prior to initiating any grading permits or clearing and grubbing activities not covered under the City’s Grading Ordinance.
66. All development areas and lots shall be designed so surface drainage is collected by an on-site private storm drain system prior to leaving the site and connecting to the existing municipal storm drain facilities.
67. Drainage plans and calculations shall indicate the following conditions before and after development: quantities of water, water flow rates, major water courses, drainage areas and patterns, diversion, collection systems, flood hazard areas, sumps, sump locations, detention facilities and drainage courses.
68. Hydrology shall be per the current Orange County Flood Control Standards except as follows:
a. All storm drains shall carry a 20-year frequency storm. b. All catch basins shall carry a 20-year storm.
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69. Surface drainage to adjacent landowners shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Owner/Developer.
70. All flows from V-ditches, ribbon gutters and similar devices should be deposited into the storm drain system prior to entering streets as determined to the Director of Public Works’ satisfaction during final engineering. If necessary, the storm drain system shall be extended beyond the public right-of-way through easements to eliminate surface flow between parcels. Both storm drains and easements outside the public right-of-way are to be maintained by the Property Owner/Developers Association unless otherwise approved by the City Council.
71. Prior to issuance of a Grading Permit, the color of all concrete drainage structures shall be as approved by the Director of Public Works and the Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility.
72. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the Director of Public Works.
73. The Owner/Developer shall use reasonable efforts to minimize surface drainage over sidewalks and driveways on the site, subject to the Director of Public Works’ satisfaction during final engineering.
74. The Owner/Developer shall provide all necessary on-site and off-site storm drain facilities to the satisfaction of the Director of Public Works to accommodate storm flows. Facilities, as shown on existing drainage studies and approved by the Director of Public Works, shall be delineated on the final drainage plans.
75. The Owner/Developer shall be in compliance with the National Pollutant Discharge Elimination System (NPDES) Requirements as follows:
a. Prior to issuance of any construction or Grading Permit and commencement of any clearing, grading or excavation, the Owner/Developer shall obtain coverage from the State Water Resources Control Board under Order No. R9- 2015-0100 (R9-2013-0001 as amended by R9-2015-0001) and submit evidence, to the satisfaction of the Director of Public Works, that the Notice of Intent (NOI) has been filed with the State Water Resources Control Board. b. The SWPPP shall identify potential pollutant sources that may affect quality of discharges to storm water and shall include design and placement of recommended Best Management Practices (BMP’s) to effectively prohibit entry of pollutants from the construction site into the storm drain system. 149
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c. The Owner/Developer shall also comply with NPDES objectives as outlined in the “Storm Water Pollution Control Guidelines for Construction Sites.” d. Prior to grading permit issuance, Owner/Developer will provide facilities to comply with NPDES requirements. Runoff from development areas shall be infiltrated on-site through use of pervious construction materials, diverted to detention basins, or underground oil and grease traps or other Best Management Practices (BMP’s) to the satisfaction of the Director of Public Works. A California registered Civil Engineer shall propose and design these devices as part of the drainage improvement plans for the project. Basins, traps and all other structural and non-structural NPDES facilities shall be maintained. Provisions CC&R’s shall be made by the Owner/Developer to provide for maintenance of said facilities in perpetuity, which shall be approved by the Director of Public Works.
e. Prior to City issuance of the initial Grading Permit, the Developer shall obtain all necessary NPDES related permits. Grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. f. Project construction plans shall note and incorporate that the contractor shall comply with the “California Storm Water Best Management Practice Handbooks” – Best Management Practices (BMP’s) applicable to the development and to the satisfaction of the Director of Public Works. Said requirements shall include implementation of the following requirements by the Property Owner/Developers Association:
i. All onsite storm drain inlets shall be labeled “Don’t Dump Drains to Ocean.”
ii. No outdoor vehicle maintenance shall be allowed. For purposes of this condition, car washing shall not be considered vehicle maintenance. iii. All common area property shall be maintained free of litter and debris. iv. All on-site storm drains shall be cleaned using approved methods at least twice a year, once immediately prior to October 1 and once in January. The Director of Public Works may require additional cleaning during the construction of the project.
v. All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged into a storm drain system. Wash water shall not be discharged to the storm drain; 150
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wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to review and approval of the Moulton Niguel Water District.
vi. Grease interceptors shall be installed for all commercial food preparation spaces. The Developer shall provide the City with a maintenance program for such devices. The CC&R’s shall include a requirement that the grease interceptors are maintained in a manner consistent with requirements of the Maintenance Program.
76. Prior to issuance of a Grading Permit, a final drainage plan shall be submitted for review and approval by the Director of Public Works. The drainage plan shall follow criteria and requirements of the Orange County Flood Control District Hydrology Manual, Orange County Local Drainage Manual, and Orange County Flood Control District Design Manual.
77. The Owner/Developer shall design detention basins in such a way that they will be aesthetic, safe and easy to maintain, and that the basins are not an “attractive nuisance.”
78. The Owner/Developer shall demonstrate all habitable structures and other non-flood proof structures will be protected for 100-year return frequency flood level.
79. The Owner/Developer shall cause surface water to be conveyed into the underground drainage system on site. No parkway (under sidewalk) drains shall be allowed.
80. Owner/Developer will be required to have all contractors and sub-contractors have all construction materials be recycled in conformance with the municipal waste reduction ordinance.
81. Prior to issuance of a Grading Permit, Owner/Developer shall prepare a hydrology study for review and approval by the Director of Public Works. The hydrology study shall include hydraulic calculations addressing the surface drainage system and the off-site system to accommodate the project generated flows.
82. Prior to commencement of grading activities, the Owner/Developer shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are planned and scheduled in consultation with appropriate public agencies.
83. Car washing shall be prohibited on the property unless an area is designated and designed to meet all requirements for water quality. If desired, prior to issuance of a Precise Grading Permit, the Owner/Developer shall locate and design an area on the site to be dedicated for car washing by residents of the development. The plans 151
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shall be reviewed and approved by the Director of Public Works and Community Development Director.
84. Driveways shall be designed in accordance with the latest Orange County Road Standards. Streetlights shall be shown on improvement plans as approved by the Director of Public Works.
85. Provide a technical memo to the City of the VMT screening criteria for the project per the City’s Transportation Impact Guidelines for CEQA and General Plan Consistency.
86. Provide a technical memo to the City of the traffic impacts associated with the project to determine if a Traffic Impact Analysis is required per the City’s Transportation Impact Guidelines for CEQA and General Plan Consistency.
Conditions Required Prior to Concealing Interior Construction Fire Department Conditions
87. Prior to concealing interior construction, the Applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review and approval:
a. Fire Alarm System (Service Code PR500-PR520)
b. Fire Sprinkler System (Service Codes PR430-PR455), if the building is currently sprinklered and the system requires modification Conditions Required Prior to Final Building Inspection or Occupancy Permit Building Department Conditions
88. Before issuing a Certificate of Use and Occupancy, the Owner/Developer shall obtain final approval for all City departments and County agencies.
89. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall submit final compliance report from all independent deputy inspection firms involved in the project outlining each area of inspection.
90. Before issuing a Certificate of Use and Occupancy, the Owner/Developer shall submit a final compliance report from Structural Engineer of Record.
91. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall provide copies of all Title 24, Part 6 Certificate of Acceptance Forms including all lighting, electrical and mechanical.
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Fire Department Conditions
92. Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the Project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150.
Planning Department Conditions
93. All temporary units, equipment, and fencing shall be removed from the site prior to final inspection for the final building construction Project on site.
94. Prior to issuance of a Certificate of Occupancy, the Owner/Developer shall schedule an inspection with the Building & Safety Division to ensure the Project was completed in substantial compliance with codes and applicable standards.
Police Services Department Conditions
95. Prior to issuance of a Certificate of Occupancy, the Owner/Developer shall schedule an inspection by the Aliso Viejo Police Services Crime Prevention Specialist to confirm the implementation of CPTED standards and security hazards have been mitigated to the satisfaction of the Crime Prevention Specialist.
Public Works Department Conditions
96. Prior to issuance of a Certificate and Occupancy, the landscape architect shall provide written certification to the City stating installation is in substantial conformance with the approved landscape plans. If there are variations, the variations shall be approved by the Director of Public Works and Community Development Director.
97. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall provide a written certification for the operation of all backflow devices. 153
St. Mary’s Image More 2 Project Description 1/31/23 St. Mary’s School is a private International Baccalaureate (IB) World School, offering Preschool through Grade 8. It is the only private school of its kind in Orange County. As one of the area’s premier independent schools, we succeed because of our outstanding faculty, innovative curriculum, small class sizes, and unique community. Innovation is at the heart of our philosophy. As an (IB) World School, we believe children learn by doing, and we use inquiry as a driver for all that we do. Our learning spaces reflect our flexible, individualized approach to a school environment. Under the compassionate guidance of world-class faculty, we foster independent thinking and spark imagination. Our goal is to prepare and inspire our children to become the leaders of tomorrow. The proposed project includes improvements to the campus and outdoor spaces to help foster the school's interdisciplinary approach to education, including improved classrooms, small break-out spaces, more lab space, and better aesthetics. The enrollment of the school is currently 722 students, with a maximum enrollment of 732 students. The new building and improvements will not increase school enrollment or the size of the faculty. No new or added traffic impacts are anticipated. The improvements will not change hours of operation or add any new types of events or activities that are not already occurring on the campus. The project proposed to remove/demolish the four prefabricated classroom structures totaling approximately 14,000 sf that are outdated and in need of a permanent replacement. One new approx. 28,000 SF two-story classroom building at the South portion of the property will be constructed in their place, adding modern preschool and kindergarten classrooms on the ground floor, enhanced lab spaces on the second floor, and new administrative areas. The net added building area on campus with this improvement will be approximately 14,000 SF. In addition, the site landscape & hardscape areas in the main courtyard will be improved. Improvements will include a new front security fence with improved aesthetics, courtyard improvements including new shade trees, seat walls, outdoor learning spaces, and enhanced seating areas. In the southeast area of the campus, a new preschool/kindergarten play area will be constructed, including new and re-purposed playground equipment and learning areas. 154
FH
FH
FH
FH
FH
SETBACK
SETBACK
NEW BUILDING
PURSUIT
75' - 0"
104' - 6"
50' - 2"
PROPOSED PRESCHOOL / K-GARDEN PLAY AREA IMPROVEMENTS W/ SHADE STRUCTURE BUILDING AREA 28,439 SQ FT
BUILDING HEIGHT 42' 6"
NUMBER OF STORIES 2
CONSTRUCTION TYPE III-B
SETBACK
EXISTING RESIDENTIAL RL ZONE
5' - 0"
SETBACK 20' - 0"
16' - 6"
167' - 2"
(E) FIRE LANE
(E) STORAGE
EXISTING PARKING LOT 85 STALLS
EXISTING ATHLETIC FIELDS
(E) FIRE ACCESS GATE
(E) MUSIC CLASSROOM (ONE-STORY) 960 SF
(E) FIRE LANE EXISTING BASKETBALL COURT
SETBACK
TWO STORY - YR 2000 32,550 SF TYPE V-1HR SPRINKLERED A / E OCC.
TWO-STORY 31,414 SF PH 1 (YR 1996) 12,035 SF PH 2 (YR 1997) 43,449 SF GFA TYPE V-BSPRINKLERED E OCCUPANCY
EXISTING OPEN SPACE PRESERVATION (HILLSIDE)
EXISTING OPEN SPACE PRESERVATION
EXISTING RESIDENTIAL RM ZONE
EXISTING RESIDENTAIAL RM ZONE
EXISTING RESIDENTIAL RL ZONE
EXISTING OPEN SPACE PRESERVATION (HILLSIDE)
CF ZONE - EXISTING CHURCH
EXISTING RECIPROCAL AGREEMENT OF PARKING LOT USE IN PLACE (E) GYM BUILDING 375' FT - EXISTING CHAIN LINK FENCE THIS SIDE
785' FT - EXISTING CHAIN LINK FENCE THIS SIDE
785' FT - EXISTING CHAIN LINK FENCE THIS SIDE
785' FT - EXISTING CHAIN LINK FENCE THIS SIDE
(E) FIRE LANE
(E) CLASSROOM BUILDING
1 2
34 79 17 11 12 614 18
9' - 0" 8' - 0" 9' - 0"
14 5
6 2
10 11
13 75' - 0"
25' 45' - 0"
25' - 0"
20'
55'-6"
18 21 20
10'-0"
15 18
8 8
8 8
8 13
20 21
6SETBACK 20'
SETBACK
10'
SETBACK 10'
15'-5"
152' - 10"
50' - 2" 43'-1"
15'-5"
149'-2"
20'-0"
20'
10'-0"
10'-0"
250' FT -EXISTING CHAIN LINK FENCE THIS SIDE
ACCESSIBLE PATH OF TRAVEL
SETBACK LINE
PROPERTY LINE
FIRE LINE / HAMMER HEAD
LANDSCAPE AREA
CHAIN LINK FENCE
ARCHITECTURAL
A1-1P
A1-2P
A2-1P
A2--2P
A2-3P
A3-1P
A4-1P
PROPOSED SITE PLAN
EXISTING SITE PLAN
FLOOR PLAN LEVEL 1
FLOOR PLAN LEVEL 2
ROOF PLAN
ELEVATIONS
EXTERIOR RENDERS
TITLE SHEET
CONCEPTUAL GRADING
SECTIONS
UTILITIES PLAN
CIVIL
SHEET 1
SHEET 2
SHEET 3
SHEET 4
LANDSCAPE ENTITLEMENT SET
LANDSCAPE ENTITLEMENT SET
LANDSCAPE
SHEET 1
SHEET 2
OCCUPANCY
BUILDING AREA
• LEVEL 1
• LEVEL 2
BUILDING HEIGHT
STORIES
SEPARATION
• FROM 'A' OCC.
• FROM 'B' OCC.
• FROM 'I-4'
CONSTRUCTION TYPE
FIRE SPPRINKLERS
REQUIRED PER CBC 2022
43,500 (ALLOWABLE PER TABLE 506.2)
75'
3 'A' OCC. - NOT CONSIDERED
SEPARATE WITHIN 'E'
1 HR - UNLESS KEPT UNDER 10% OF
FLOOR LEVEL AREA.
PROPOSED
E
28,439 SF
14,742 SF
13,697 SF
42'-6"
2 NON SEPARATED 0
0 0* *1,474 SF MAX. LESS THAN 10% OF LEVEL 1 FLOOR AREA III-B
FULLY SPRINKLERED
RGA PROJECT NO:
CONSULTANT
OWNER PROJECT NO:
DRAWN BY:
CHEK'D BY:
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE:
PROJECT NAME
PROFESSIONAL SEALS
SHEET:
OWNER
A1-1P
PROPOSED SITE PLAN
IMAGINE MORE PHASE 2
CS CP
22125-00
7 PURSUIT ALISO VIEJO, CA 92656
7 PURSUIT, ALISO VIEJO, CA 92656 CONTACT: SHARON TAYLOR PHONE: 949-448-9027 x 325 EMAIL: [email protected] ST. MARY'S WORLD SCHOOL
-
0 15' 30' 60' 150'
1"=30'
VICINITY MAP
PROJECT DESCRIPTION
ST. MARY’S SCHOOL IS A PRIVATE INTERNATIONAL BACCALAUREATE (IB) WORLD SCHOOL, OFFERING PRESCHOOL THROUGH GRADE 8. IT IS THE ONLY PRIVATE SCHOOL OF ITS KIND IN ORANGE COUNTY. AS ONE OF THE AREA’S PREMIER INDEPENDENT SCHOOLS, WE SUCCEED BECAUSE OF OUR OUTSTANDING FACULTY, INNOVATIVE CURRICULUM, SMALL CLASS SIZES, AND UNIQUE COMMUNITY. INNOVATION IS AT THE HEART OF OUR PHILOSOPHY.
AS AN (IB) WORLD SCHOOL, WE BELIEVE CHILDREN LEARN BY DOING, AND WE USE INQUIRY AS A DRIVER FOR ALL THAT WE DO. OUR LEARNING SPACES REFLECT OUR FLEXIBLE, INDIVIDUALIZED APPROACH TO A SCHOOL ENVIRONMENT. UNDER THE COMPASSIONATE GUIDANCE OF WORLD-CLASS FACULTY, WE FOSTER INDEPENDENT THINKING AND SPARK IMAGINATION. OUR GOAL IS TO PREPARE AND INSPIRE OUR CHILDREN TO BECOME THE LEADERS OF TOMORROW.
THE PROPOSED PROJECT INCLUDES IMPROVEMENTS TO THE CAMPUS AND OUTDOOR SPACES TO HELP FOSTER THE SCHOOL'S INTERDISCIPLINARY APPROACH TO EDUCATION, INCLUDING IMPROVED CLASSROOMS, SMALL BREAK-OUT SPACES, MORE LAB SPACE, AND BETTER AESTHETICS.
THE ENROLLMENT OF THE SCHOOL IS CURRENTLY 722 STUDENTS, WITH A MAXIMUM ENROLLMENT OF 732 STUDENTS. THE NEW BUILDING AND IMPROVEMENTS WILL NOT INCREASE SCHOOL ENROLLMENT OR THE SIZE OF THE FACULTY. NO NEW OR ADDED TRAFFIC IMPACTS ARE ANTICIPATED. THE IMPROVEMENTS WILL NOT CHANGE HOURS OF OPERATION OR ADD ANY NEW TYPES OF EVENTS OR ACTIVITIES THAT ARE NOT ALREADY OCCURRING ON THE CAMPUS.
THE PROJECT PROPOSED TO REMOVE/DEMOLISH THE FOUR PREFABRICATED CLASSROOM STRUCTURES TOTALING APPROXIMATELY 14,000 SF THAT ARE OUTDATED AND IN NEED OF A PERMANENT REPLACEMENT. ONE NEW APPROX. 28,000 SF TWO-STORY CLASSROOM BUILDING AT THE SOUTH PORTION OF THE PROPERTY WILL BE CONSTRUCTED IN THEIR PLACE, ADDING MODERN PRESCHOOL AND KINDERGARTEN CLASSROOMS ON THE GROUND FLOOR, ENHANCED LAB SPACES ON THE SECOND FLOOR, AND NEW ADMINISTRATIVE AREAS. THE NET ADDED BUILDING AREA ON CAMPUS WITH THIS IMPROVEMENT WILL BE APPROXIMATELY 14,000 SF.
IN ADDITION, THE SITE LANDSCAPE & HARDSCAPE AREAS IN THE MAIN COURTYARD WILL BE IMPROVED. IMPROVEMENTS WILL INCLUDE A NEW FRONT SECURITY FENCE WITH IMPROVED AESTHETICS, COURTYARD IMPROVEMENTS INCLUDING NEW SHADE TREES, SEAT WALLS, OUTDOOR LEARNING SPACES, AND ENHANCED SEATING AREAS. IN THE SOUTHEAST AREA OF THE CAMPUS, A NEW PRESCHOOL/KINDERGARTEN PLAY AREA WILL BE CONSTRUCTED, INCLUDING NEW AND RE-PURPOSED PLAYGROUND EQUIPMENT AND LEARNING AREAS. 1" = 30'-0" 1 PROPOSED SITE PLAN
LEGEND
SHEET INDEX
ZONNING
JURISDICTION
GENERAL PLAN DESIGNATION
ZONE DESIGNATION:
APN
CITY OF ALISO VIEJO
CF
CF
639-051-04, 05, 06
REQUIRED
50'
0.6:1
20 10
0 20
10 2.5%
2.5%
10' MIN. DEPTH
50%
PROPOSED
42'-6"
0.39 20
10 0
N/A
10 110,437 SF - 40%
92,522 SF
10' MIN. DEPTH
50%
BUILDING STRUCTURE
MAX. STRUCTURE HEIGHT (FEET)
NON-RESIDENTIAL F.A.R.
NON-RESIDENTIAL BUILDING SETBACKS:
• FROM ANY PUBLIC STREET
• PROM INTERIOR STREET WITHIN THE SAME PROJECT • FROM INTERIOR PROPERTY LINES WITHIN THE SAME PROJECT • FROM ADJACENT PARCELS IN RESIDENTIAL DISTRICTS • FROM ADJACENT COMMERCIAL, OFFICE AND OTHER NONRESIDENTIAL DEVELOPMENTS LANDSCAPE*
MIN INTERIOR LANDSCAPING
• PARKING AREA
• NON PARKING AREAS
MINUMIUM BOUNDARY LANDSCAPING
DROUGHT TOLERANCE
*REFER TO LANDSCAPE PLAN FOR EXISTING VS NEW.
CODE ANALISYS
SITE AREA
EXISTING BUILDING AREA • CLASSROOM BLDG A
• CLASSROOM BUILDING B
• CLASSROOM BUILDING C
• CLASSROOM BUILDING D
• MAIN CLASSROOM BLDG - 1ST FL
• MAIN CLASSROOM BLDG - 2ND FL
• GYM BUILDING - 1ST FL
• GYM BUILDING - 2ND FL
• EXISTING MUSIC BUILDING
TOTAL EXISTING BUILDING AREA
BUILDING AREA TO BE DEMOLISHED • CLASSROOM BLDG A
• CLASSROOM BUILDING B
• CLASSROOM BUILDING C
• CLASSROOM BUILDING D
TOTAL AREA TO BE DEMOLISHED
PROPOSED NEW BUILDING • 1ST FLOOR • 2ND FLOOR
TOTAL PROPOSED BUILDING AREA
NET BUILDING AREA ADDED TO CAMPUS
TOTAL NEW GROSS CAMPUS BUILDING AREA
EXISTING F.A.R.
PROPOSED F.A.R.
EXISTING AUTO PARKING (NO CHANGE TO EXISTING)
STANDARD ACCESSIBLE - 3 STALLS
VAN ACCESSIBLE - 1 STALL
PROJECT DATA
273,223 SF 6.27 AC
4,320 SF
4,320 SF
2,880 SF
2,880 SF 20,992 SF
22,457 SF
21,036 SF
12,500 SF 960 SF
92,345 SF
4,320 SF
4,320 SF
2,880 SF
2,880 SF
14,400 SF
14,742 SF
13,697 SF
28,439 SF
14,039 SF
106,384 SF
0.34 0.39
85 STALLS
APPLICANT
ST MARY'S WORLD SCHOOL
7 PURSUIT ALISO VIEJO, CA 92656
CONTACT: SHARON TYLOR
PHONE: 949-448-9027
PLAN PREPARER
RGA, OFFICE OF ARCHITECTURAL DESIGN, INC 15231 ALTON PARKWAY, SUITE 100 IRVINE, CA 92618 CONTACT: CAROLINA PAZ PHONE: 949-341-0920
MARK DATE DESCRIPTION PS1 3/23/2023 PLANNING SUBMITTAL
155
(E) FIRELANE
(E) FIRE DEPARTMENT TURN AROUND
(E) FIRE LANE
EXISTING CURB CUT
(E) STORAGE
(E) STORAGE
EXISTING PARKING LOT 85 STALLS
EXISTING ATHLETIC FIELDS
FH
FH
FH
FH
FH
(E) FIRE ACCESS GATE
(E) MUSIC CLASSROOM (ONE-STORY) 960 SF
(E) FIRE LANE
EXISTING BASKETBALL COURT
SETBACK
(E) TRASH ENCLOSURE
PURSUIT
(E) FIRE ACCESS GATE
SETBACK
(E) GUARD HOUSE
TWO STORY - YR 2000 32,550 SF TYPE V-1HR SPRINKLERED A / E OCC.
TWO-STORY 31,414 SF PH 1 (YR 1996) 12,035 SF PH 2 (YR 1997) 43,449 SF GFA TYPE V-BSPRINKLERED E OCCUPANCY
EXISTING PRIVATE DRIVE
EXISTING OPEN SPACE PRESERVATION (HILLSIDE)
SETBACK
SETBACK
EXISTING OPEN SPACE PRESERVATION (E) GATED PRE-K / K PLAYGROUND
EXISTING RESIDENTIAL RM ZONE
EXISTING RESIDENTAIAL RM ZONE
EXISTING RESIDENTIAL RL ZONE
EXISTING OPEN SPACE PRESERVATION (HILLSIDE)
CF ZONE - EXISTING CHURCH
EXISTING RECIPROCAL AGREEMENT OF PARKING LOT USE IN PLACE (E) V GUTTER
(E) CONCRETE
PLANTER
BUILDING B (E) MODULAR CLASSROOM TO BE DEMO 1 STORY 4,320 SF
BUILDING A
BUILDING D (E) MODULAR CLASSROOM TO BE DEMO 1 STORY 2,880 SF
BUILDING C
(E) ENTRANCE GATE
(E) GYM BUILDING (E) MODULAR CLASSROOM TO BE DEMO 1 STORY 4,320 SF (E) MODULAR CLASSROOM TO BE DEMO 1 STORY 2,880 SF
(E) ENTRANCE GATE
ACCESSIBLE PATH OF TRAVEL FROM ROW AND PARKING STALLS
375' FT - EXISTING CHAIN LINK FENCE THIS SIDE
785' FT - EXISTING CHAIN LINK FENCE THIS SIDE
785' FT - EXISTING CHAIN LINK FENCE THIS SIDE
785' FT - EXISTING CHAIN LINK FENCE THIS SIDE
SETBACK 10' - 0"
SETBACK 20' - 0"
(E) COURTYARD
(E) FIRE LANE
(E) FIRE DEPARTMENT HAMMERHEAD
20' - 0"
20' - 0"
20' - 0"
20' - 0"
20' - 0"
30' - 0"
20' - 0"
(E) CLASSROOM BUILDING
AREA OF WORKR 36' - 0"
20' - 0"
24' - 0" TYP. 18' - 0" 18' - 0" 24' - 0" 18' - 0"
16' - 6"
10' - 0" 18' - 0" 6' - 0"
SETBACK 10' - 0"
20' - 0"
SETBACK 10' - 0"
SETBACK 10'-0"
(E) ACCESSIBLE PKG. (E) ACCESSIBLE PKG TYP. 9' - 0"
24' - 0"
RGA PROJECT NO:
CONSULTANT
OWNER PROJECT NO:
DRAWN BY:
CHEK'D BY:
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE:
PROJECT NAME
PROFESSIONAL SEALS
SHEET:
OWNER
A1-2P
EXISTING SITE PLAN
IMAGINE MORE PHASE 2
Checker Author
22125-00
7 PURSUIT ALISO VIEJO, CA 92656
7 PURSUIT, ALISO VIEJO, CA 92656 CONTACT: SHARON TAYLOR PHONE: 949-448-9027 x 325 EMAIL: [email protected] ST. MARY'S WORLD SCHOOL
Approver
1" = 30'-0" 1 EXISTING SITE PLAN 0 15' 30' 60' 150'
1"=30'
MARK DATE DESCRIPTION
156
UP
632 SF
EARLY PRESCHOOL ROOM 1 1 658 SF
EARLY PRESCHOOL ROOM 2 2
EARLY KINDERGARDEN 2 7 KINDERGARDEN 1 9 KINDERGARDEN 2 10 KINDERGARDEN 3 11 PRESCHOOL 2 4
EEP LEARNING HUB 12
ADMISSIONS 17
HOS ASSISTANT 16
ADMISSIONS OFFICE 18
ASSESSMENT ROOM 19
COFFEE SHOP 21
LOBBY 66
ELEVATOR
COLLAB ROOM COLLAB ROOM
COLLAB ROOM
STORAGE
EXIT
EXIT
EXIT
STORAGE
HEAD OF SCHOOL 15
STORAGE 24
EARLY KINDERGARDEN 1 6
COLLAB ROOM
COLLAB ROOM COLLAB ROOM
PRESCHOOL 1 3
EARLY KINDERGARDEN 3 8
PRESCHOOL 3 5
FIRE RISER ROOM 30
ELECTRICAL ROOM 37
EXIT
30' - 0" 10' - 0" 35' - 0"
117' - 0" 50' - 2"
104' - 6"
167' - 2"
3' - 6"
3' - 6"
5' - 0" I-4 OCCUPANCY I-4 OCCUPANCY
RGA PROJECT NO:
CONSULTANT
OWNER PROJECT NO:
DRAWN BY:
CHEK'D BY:
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE:
PROJECT NAME
PROFESSIONAL SEALS
SHEET:
OWNER
A2-1P
FLOOR PLAN LEVEL 1
IMAGINE MORE PHASE 2
Checker Author
22125-00
7 PURSUIT ALISO VIEJO, CA 92656
7 PURSUIT, ALISO VIEJO, CA 92656 CONTACT: SHARON TAYLOR PHONE: 949-448-9027 x 325 EMAIL: [email protected] ST. MARY'S WORLD SCHOOL
Approver
1/8" = 1'-0" 1 FLOOR PLAN - LEVEL 1 0 4' 8' 16' 32'
1/8"=1'-0"
TRUE NORTH PROJECT NORTH
MARK DATE DESCRIPTION
157
DN
THE STUDIO 20
THE TOOL SHED 22
THE GARAGE 86
EMPATHY LAB 87
VESTIBULE 88
BOARD ROOM 90
HR SUITE 101 BUSINESS SUITE 102
OFFICES 103
JANITOR /
STORAGE
ELEVATOR
EXIT
EXIT
EXIT
THE FALCON WORKSHOP 32
METING ROOM 25 OFFICE 26
STORAGE 36
STEAM TEACHERS PREP OFFICE 123
IDEA LAB 38
EXIT
30' - 0" 10' - 0" 35' - 0"
167' - 2"
104' - 6"
93' - 2" 23' - 10"
32' - 6"
52' - 2" 115' - 0"
RGA PROJECT NO:
CONSULTANT
OWNER PROJECT NO:
DRAWN BY:
CHEK'D BY:
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE:
PROJECT NAME
PROFESSIONAL SEALS
SHEET:
OWNER
A2-2P
FLOOR PLAN LEVEL 2
IMAGINE MORE PHASE 2
Checker Author
22125-00
7 PURSUIT ALISO VIEJO, CA 92656
7 PURSUIT, ALISO VIEJO, CA 92656 CONTACT: SHARON TAYLOR PHONE: 949-448-9027 x 325 EMAIL: [email protected] ST. MARY'S WORLD SCHOOL
Approver
1/8" = 1'-0" 1 FLOOR PLAN- LEVEL 2 0 4' 8' 16' 32'
1/8"=1'-0"
TRUE NORTH PROJECT NORTH
MARK DATE DESCRIPTION
158
BB
DD
CC
1 1
2 2
3 3
4 4
5 5
4.1 4.1
AA
167' - 2"
104' - 6"
167' - 2"
104' - 6" 43' - 4" 31' - 3 1/2" 29' - 10 1/2"
25' - 4" 12' - 7" 41' - 7" 49' - 4" 38' - 4"
43' - 4" 31' - 3 1/2" 29' - 10 1/2"
25' - 4" 12' - 7" 41' - 7" 49' - 4" 38' - 4"
AREA FOR ROOF TOP MECHANICAL EQUIPMENT
39' - 0"
42' - 6"
34' - 8"
RIDGE 35' - 6"
PROPOSED MECHANICAL ZONE
BUILDING PARAPET HEIGHT
TILT-UP BUILDING
PRIVATE DRIVE 10' - 0" LANDSCAPE / HARDSCAPE 214' - 2"
LINE OF SIGHT
P.L.
7' - 8"
SETBACK
42'-6"
6'-0"
RGA PROJECT NO:
CONSULTANT
OWNER PROJECT NO:
DRAWN BY:
CHEK'D BY:
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE:
PROJECT NAME
PROFESSIONAL SEALS
SHEET:
OWNER
A2-3P
ROOF PLAN
IMAGINE MORE PHASE 2
Checker Author
22125-00
7 PURSUIT ALISO VIEJO, CA 92656
7 PURSUIT, ALISO VIEJO, CA 92656 CONTACT: SHARON TAYLOR PHONE: 949-448-9027 x 325 EMAIL: [email protected] ST. MARY'S WORLD SCHOOL
Approver
1/8" = 1'-0" 1 ROOF PLAN 0 4' 8' 16' 32'
1/8"=1'-0"
TRUE NORTH PROJECT NORTH
1" = 30'-0" 2 TYPICAL EQUIPMENT SCREEN LINE OF SIGHT 0 15' 30' 60' 150' 1"=30'
MARK DATE DESCRIPTION
159
RGA PROJECT NO:
CONSULTANT
OWNER PROJECT NO:
DRAWN BY:
CHEK'D BY:
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE:
PROJECT NAME
PROFESSIONAL SEALS
SHEET:
OWNER
A3-1P
ELEVATIONS
IMAGINE MORE PHASE 2
Checker Author
22125-00
7 PURSUIT ALISO VIEJO, CA 92656
7 PURSUIT, ALISO VIEJO, CA 92656 CONTACT: SHARON TAYLOR PHONE: 949-448-9027 x 325 EMAIL: [email protected] ST. MARY'S WORLD SCHOOL
Approver
MARK DATE DESCRIPTION
160
RGA PROJECT NO:
CONSULTANT
OWNER PROJECT NO:
DRAWN BY:
CHEK'D BY:
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE:
PROJECT NAME
PROFESSIONAL SEALS
SHEET:
OWNER
A4-1P
EXTERIOR RENDERS
IMAGINE MORE PHASE 2
Checker Author
22125-00
7 PURSUIT ALISO VIEJO, CA 92656
7 PURSUIT, ALISO VIEJO, CA 92656 CONTACT: SHARON TAYLOR PHONE: 949-448-9027 x 325 EMAIL: [email protected] ST. MARY'S WORLD SCHOOL
Approver
MARK DATE DESCRIPTION
161
Saint Mary's School
7 Pursuit Aliso Viejo, California
August 16, 2023
162
Project
Description
• Site Development Permit
(SDP) 2023-00002
• Conditional Use Permit
(CUP) USE-2023-00008
163
Project Location
• Project location is a series of modular buildings
located at 7 Pursuit.
164
Existing
Conditions
165
Proposed
Project
Renderings
166
Surrounding
Uses
167
Staff
Recommendations
Recommended Actions:
1. Open and conduct a public hearing;
2. Find that the request is consistent with the
California Environmental Quality Act (CEQA)
pursuant to CEQA Sections 15314, 15070 to 15075,
15097, 15164; and
3. Adopt a Resolution approving Site Development and
Conditional Use Permits (SDP-2023-00002 and USE-
2023-00008) for the construction of a two-story
classroom building and site improvements.
168