Agenda packet — Aliso Viejo City Council, May 1, 2024 (part 1 of 2)

AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, MAY 1, 2024
6:00 PM CLOSED SESSION
7:00 PM REGULAR MEETING

CITY HALL

COUNCIL CHAMBERS
12 JOURNEY

ALISO VIEJO, CA

Mayor Mike Munzing

Mayor Pro Tem Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan
Councilmember Richard Hurt

WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chamber s. 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 agenda 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 to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk's office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.

This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.

MITZI ORTIZ SCOTT C. SMITH LAUREN TORRES

ACTING CITY MANAGER CITY ATTORNEY DEPUTY CITY CLERK

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PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER: Convene Special Meeting

PUBLIC COMMENTS:

CLOSED SESSION:

PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Manager

CALL TO ORDER: Convene Regular Meeting

ROLL CALL

PLEDGE OF ALLEGIANCE:

REPORT FROM CLOSED SESSION:

1. SPECIAL PRESENTATIONS:

1.1 BUSINESS OF THE MONTH - PREMIER AQUATICS

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.

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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 wi ll 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 April 17, 2024 Special Meeting and the April 17, 2024 Regular Meeting.

Draft Minutes - April 17, 2024 Special Meeting
Draft Minutes - April 17, 2024 Regular Meeting

4.3 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between April 3, 2024, and April 11, 2024, in the amount of $1,283,914.11.

Staff Report
Attachment 1 - Accounts Payable Report

4.4 TREASURER’S STATEMENT – MARCH 2024
Recommended Action: Receive and file the March 2024 Treasurer’s Statement.

Staff Report
Attachment 1 - March 2024 Treasurer’s Statement

4.5 SECOND AMENDMENT TO THE AGREEMENT WITH HARTZOG & CRABILL, INC.

FOR ON -CALL TRAFFIC ENGINEERING SERVICES FOR TRAFFIC SIGNAL

OPERATIONS
Recommended Action:

1. Approve a second amendment to the agreement with Hartzog & Crabill, Inc. (HCI) to perform traffic engineering services for traffic signal operations that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $35,000 for a total agreement amount of $140,000; and

2. Authorize the City Manager to execute the second amendment to the agreement.

Staff Report
Attachment 1 - Agreement Amendment

4.6 SECOND AMENDMENT TO THE AGREEMENT WITH SCA OF CA, LLC FOR

STREET SWEEPING SERVICES
Recommended Action:

1. Approve a second amendment to the agreement SCA of CA, LLC to perform street sweeping services that renews the agreement for an additional one- year term and increases the total compensation under the agreement by $115,000 for a total agreement amount of $500,000; and

2. Authorize the City Manager to execute the second amendment to the agreement.

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Staff Report
Attachment 1 - Agreement Amendment

4.7 FIRST AMENDMENT TO THE AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR

ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES
Recommended Action:

1. Approve a first amendment to the agreement with GMU Geotechnical, Inc. (GMU) to perform geotechnical and materials testing services that renews the agreement for an additional one- year term and increases the total compensation under the agreement by $50,000 for a total agreement amount of $250,000; and

2. Authorize the City Manager to execute the first amendment to the agreement.

Staff Report
Attachment 1 - Agreement Amendment

4.8 FIRST AMENDMENT TO THE AGREEMENT WITH GREAT SCOTT TREE SERVICES, INC. FOR TREE MAINTENANCE SERVICES
Recommended Action:

1. Approve a first amendment to the agreement with Great Scott Tree Services, Inc. to perform tree maintenance services that renews the agreement for an additional one- year term;

2. Approve contractor compensation rates for FY 2024-25; and

3. Authorize the City Manager to execute the first amendment to the agreement.

Staff Report
Attachment 1 - Agreement Amendment

4.9 OVERVIEW AND IMPLEMENTATION OF SENATE BILL 553 REGARDING

WORKPLACE SAFETY
Recommended Action: Receive and file an informational memorandum summarizing Senate Bill 553 and the proactive measures City staff has taken to prepare for its implementation.

Staff Report
Attachment 1 - Memorandum

5. PUBLIC HEARINGS:

5.1 ADOPTION OF THE FISCAL YEAR (FY) 2024 -2025 ANNUAL ACTION PLAN FOR

EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
Recommended Action:

1. Declare the City Council finds the FY 2024- 2025 Annual Action Plan is not subject to the California Environmental Quality Act (“CEQA”) as the activity is not a project defined in Section 15378(b)(5) of the state CEQA Guidelines;

2. Approve and adopt the FY 2024-2025 Annual Action Plan (“Action Plan”) for the use of Community Development Block Grant (“CDBG”) funds; and

3. Authorize the City Manager to submit the Action Plan to the U.S. Department of Housing and Urban Development (“HUD”), which executes the HUD contract, and authorize the City Manager to submit all related documents with the implementation of the Action Plan.
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Staff Report
Attachment 1 - CDBG FY24-25 Draft Annual Action Plan
Attachment 2 - Presentation

5.2 APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

FUNDING FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT FOR ELIGIBLE HOUSING -RELATED PROJECTS

AND PROGRAMS
Recommended Action: Adopt a resolution authorizing the application submittal for the Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development (HCD) for housing-related eligible activities.

Staff Report
Attachment 1 - Resolution
Attachment 2 - PLHA Plan

6. DISCUSSION:

6.1 CITY MANAGER EXECUTIVE RECRUITMENT AGREEMENT
Recommended Action:

1. Accept proposal from Bob Murray & Associates to conduct recruitment for the City Manager position;

2. Approve the Executive Recruitment Agreement with Bob Murray & Associates for purposes of recruiting a City Manager for the City; and

3. Appropriate $29,000 to the General Fund for the fiscal year 2023-24 budget.

Staff Report
Attachment 1 - Agreement
Attachment 2 - Proposal

6.2 SUPPLEMENTAL COST ANALYSIS TO FEBRUARY 21, 2024 INFORMATIONAL

REPORT REGARDING MAYORAL ROTATION POLICIES
Recommended Action:

1. Receive and consider this supplemental information regarding costs of a potential ballot measure on procedures for the selection and rotation of the mayor and mayor pro tem; and

2. Provide direction to staff regarding a potential ballot measure, ordinance or policy as outlined in the February 21, 2024 report.

Staff Report
Attachment 1 - Feb. 21, 2024 Agenda Report
Attachment 2 - Sample Policies

7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

The next regularly scheduled City Council meeting is May 15, 2024. 5 5

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Special Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
April 17, 2024, 6:00 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Munzing 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 MIKE MUNZING

MAYOR PRO TEM TIFFANY ACKLEY

COUNCILMEMBER ROSS CHUN

COUNCILMEMBER MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
ABSENT: NONE
STAFF PRESENT: SCOTT C. SMITH, CITY ATTORNEY
PUBLIC COMMENTS:

None.

CLOSED SESSION:

PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Manager
REPORT FROM CLOSED SESSION:

City Attorney Scott Smith stated no reportable action was taken.

ADJOURNMENT: Mayor Munzing adjourned the meeting at 6:51 p.m. to the April 17, 2024 Regular Council Meeting.
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Special Meeting Minutes
Respectfully submitted: Approved by:
________________________ ________________________

LAUREN TORRES MIKE MUNZING

DEPUTY CITY CLERK MAYOR
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Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
April 17, 2024, 7:00 PM
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Munzing 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 MIKE MUNZING

MAYOR PRO TEM TIFFANY ACKLEY

COUNCILMEMBER ROSS CHUN

COUNCILMEMBER MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, ACTING CITY MANAGER

SCOTT SMITH, CITY ATTORNEY

LAUREN TORRES, DEPUTY CITY CLERK

ANN EIFERT, FINANCIAL SERVICES DIRECTOR

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

NICK LOCEY, RECREATION & COMMUNITY SERVICES SUPERVISOR

ANDREW ALBERS, RECREATION COORDINATOR

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. ALAN VILLANUEVA, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Councilmember Hurt led the pledge of allegiance.

REPORT FROM CLOSED SESSION:

City Attorney Scott Smith stated no reportable action was taken.

1. SPECIAL PRESENTATIONS:

1.1 PROCLAMATION - COMMUNITY COLLEGE AWARENESS MONTH
Mayor Munzing presented the proclamation to South Orange County Community College District Trustees Terri Rydell and Carolyn Inmon. Ms. Rydell and Ms. Inmon commented on the importance of the designation.
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Regular Meeting Minutes

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

1. Nancy Conley commented on the dismissal of the City Manager and the special meeting cancellation.

2. Nancy Larimer expressed concern with available housing in Aliso Viejo.

3. Melissa Christian expressed concern with AVCA’s use of herbicides and pesticides.

4. Tracy Blum expressed concern with AVCA’s use of herbicides and pesticides.

5. Tomas Castro expressed concern with AVCA’s use of herbicides and pesticides.

6. Carolyn McCuan expressed concern with AVCA’s use of herbicides and pesticides.

7. Caylee McCuan expressed concern with AVCA’s use of herbicides and pesticides.

8. Christine Hurden expressed concern with AVCA’s use of herbicides and pesticides.

9. Debbie Carlson expressed concern with AVCA’s use of herbicides and pesticides.

10. Hillary Seaborn expressed concern with AVCA’s use of herbicides and pesticides.

4. CONSENT CALENDAR:

Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Motion: Councilmember Hurt moved and Councilmember Chun seconded to approve the recommended actions. Motion carried 5-0.

4.2 APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the April 3, 2024 Special Meeting and the April 3, 2024 Regular Meeting.

4.3 HOUSING ELEMENT - ZONE CHANGES AND CODE AMENDMENTS
Recommended Action: Conduct second reading and adopt Ordinances No. 2024- 238 and No. 2024-239 entitled:

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AMENDING THE ZONING MAP TO ADD “MIXED-USE/RESIDENTIAL
OVERLAY” DISTRICT TO THE EXISTING ZONING DESIGNATIONS OF THE FOLLOWING PROPERTIES: 1 COLUMBIA, A PORTION OF ALISO VIEJO 9

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Regular Meeting Minutes
TOWN CENTER, 26800-26880 ALISO VIEJO PARKWAY, 35 JOURNEY, 2A LIBERTY, AND 27231 ALISO VIEJO PARKWAY; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTIONS 15060 AND 15061; and

2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AMENDING SECTION 15.26.060 (MIXED-USE/RESIDENTIAL OVERLAY DISTRICT) AND CHAPTER 15.58 (AFFORDABLE HOUSING INCENTIVES) OF THE ALISO VIEJO MUNICIPAL CODE; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTIONS 15060 AND 15061.

4.4 ACCOUNTS PAYABLE
Recommended Action:

1. Ratify accounts payable checks and electronic funds transfers issued on March 12, 2024 in the amount of $8,226.65; and

2. Ratify accounts payable checks and electronic funds transfers issued between March 15, 2024, and April 2, 2024, in the amount of $1,368,544.03.

4.5 RESOLUTION APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS

AND DIRECTING CERTAIN ACTIONS
Recommended Action: Adopt Resolution No. 2024-09 Approving the Issuance of Qualified 501(c)(3) Bonds for the Purpose of financing and/or refinancing the acquisition, construction, rehabilitation, improvement, and equipping of St. Mary’s School located at 7 Pursuit, Aliso Viejo, CA 92656.

Motion: Councilmember Duncan moved and Mayor Pro Tem Ackley seconded to approve the recommended action. Motion carried 5-0.

5. PUBLIC HEARINGS:

5.1 ALISO VIEJO RANCH FEES
Acting City Manager Mitzi Ortiz introduced Recreation & Community Services Manager Lizzy Mendoza, who provided an overview. Recreation & Community Services Supervisor Nick Locey and Recreation & Community Services Coordinator Andrew Albers provided additional information. Staff responded to questions regarding the profitability of the facility, fee increases, facility bookings, and fee study methods. Mayor Munzing opened the public hearing and the following persons provided comment:

1. Jeanie commented on private events at Aliso Viejo Ranch.

2. Ilana commented on the Aliso Viejo Ranch recreation offerings.

There were no other comments. Mayor Munzing closed the public hearing. 10

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Regular Meeting Minutes
Recommended Action:

1. Conduct a Public Hearing;

2. Adopt Resolution No. 2024-10 approving the Fee Schedule for facility rentals at Aliso Viejo Ranch; and

3. Authorize the City Manager to approve the FY 2024-25 Fee Schedule and to approve the annual fee adjustments in accordance with the Annual Consumer Price Index, All Urban Wage Earners and Clerical Workers, Los Angeles-Long Beach-Anaheim.

Motion: Councilmember Duncan moved and Councilmember Chun seconded to approve the recommended actions. Motion carried 4-1, with Mayor Pro Tem Ackley dissenting.

6. DISCUSSION:

6.1 ACTING CITY MANAGER EMPLOYMENT AGREEMENT
City Attorney Scott Smith provided an overview. Staff responded to questions regarding the terms “working out of class” and “merit-based bonus”.

Recommended Action:

1. Award Acting City Manager Mitzi Ortiz a 6.4% merit-based performance increase to her annual base salary in the position of Director of Government Services (for an increased annual base salary of $205,792.94), effective retroactively to her anniversary date of July 1, 2023, in accordance with City policy on merit increases; and

2. Approve the Employment Agreement between the City of Aliso Viejo and Mitzi Ortiz for working out of class with the additional duties of Acting City Manager.

Motion: Councilmember Chun moved and Councilmember Duncan seconded to approve the recommended actions. Motion carried 5-0.

7. CITY MANAGER' S REPORT:

Acting City Manager Mitzi Ortiz announced JamFest and Summer Camp Expo to be held from 11:00 a.m. to 2:00 p.m. on April 27, 2024 at Aliso Viejo Ranch; Summer Camp registration; and Red Cross Blood Drive to be held on September 11, 2024 at Aliso Viejo Ranch.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Hurt:
 Attended SJHTCA Board of Directors Meeting
 Attended OC Mosquito and Vector Control District Board of Trustees Meeting 11

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Regular Meeting Minutes
Councilmember Duncan:
 Announced Taste of Aliso event
 Expressed appreciation for Aliso Viejo community
Councilmember Chun:
 Obtained consensus for a report on the City’s compliance with SB 533  Commented on Aliso Viejo Youth Council
 Attended Laguna Niguel Youth Committee Meeting
 Attended OCFA Budget & Finance Committee Meeting
 Attended OCFA Capital Improvements Plan Ad-Hoc Committee Meeting  Attended Anaheim Homeless Collaborative Meeting
 Attended Soka University Career Fair
 Commented on Aliso Viejo Community Foundation
 Commented on Taste of Aliso event
 Commented on Coffee Chat
 Announced memorial service for OCFA Captain Rob Culp
Mayor Pro Tem Ackley:
 Obtained consensus for five-year financial forecast
 Obtained consensus for study session on Aliso Viejo Ranch Mayor Munzing:
 Attended Aliso Viejo Chamber of Commerce Networking Breakfast  Announced Aliso Viejo was named second safest city in California

9. ADJOURNMENT: Mayor Munzing adjourned the meeting at 8:50 p.m. to the regularly scheduled meeting of May 1, 2024.

Respectfully submitted: Approved by:
________________________ ________________________

LAUREN TORRES MIKE MUNZING

DEPUTY CITY CLERK MAYOR
12 City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services

SUBJECT: ACCOUNTS PAYABLE
Recommended Action:

Ratify accounts payable checks and electronic funds transfers issued between April 3, 2024, and April 11, 2024, in the amount of $1,283,914.11.

Fiscal Impact:

Expenditures in the amount of $1,283,914.11.

Background:

The City issues accounts payable checks on a bi-weekly basis and presents them to City Council for ratification at its next regularly scheduled City Council meeting.

Discussion:

The attached registers containing checks and electronic funds transfers issued between April 3, 2024 and April 11, 2024, in the total amount of $1,283,914.11, 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
13 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
FEB'24 ENG2254/LANDSCAPE - ST MARYSRJM DESIGN GROUP INC 953.50 SAPP-2023-00007_39 PIERREMONT_SUNRUN CANCELLEDSUNRUN INSTALLATION SERVICES 153.50 SAPP-2023-00007_39 PIERREMONT_SUNRUN CANCELLEDSUNRUN INSTALLATION SERVICES 83.32 APPLICATION COMPLETE REFUND REQUESTEDLUKE REID 6,158.00 MECR-2023-00383_1 DIAMOND GATE_IPERMIT CANCELLEDIPERMIT 156.04 MECR-2024-00390_48 VIA BACCHUS_IPERMIT CANCELLEDIPERMIT 43.53 CD-2024-00008_62 MEADOWBROOK_JOHN ERTZJOHN ERTZ 500.00
CD-2024-00024_24152 HOLLYOAK_BRONCO ROOFINGBRONCO ROOFING INC 500.00 PLMR-2023-00530_24352 BERRENDO_AMERICAN RESIDENTIAAMERICAN RESIDENTIAL SERVICES 53.79 PLMR-2023-00530_24352 BERRENDO_AMERICAN RESIDENTIAAMERICAN RESIDENTIAL SERVICES 23.09 PLMR-2023-00530_24352 BERRENDO_AMERICAN RESIDENTIAAMERICAN RESIDENTIAL SERVICES 3.22 PLMR-2023-00530_24352 BERRENDO_AMERICAN RESIDENTIAAMERICAN RESIDENTIAL SERVICES 2.69 8,630.68

CITY MANAGER
DD 2/15 THE TOLL ROADS - CM MONTHLY CHARGES*US BANK PURCHASING CARD PROGRAM 335.00 DD 1/24 TOWER 4 - CM MTG PARKINGUS BANK PURCHASING CARD PROGRAM 5.00 DD 2/08 SOUTHWEWEST - ICSC CONFERENCE FLIGHTS*US BANK PURCHASING CARD PROGRAM 220.96 DD 2/08 ICSC - CONFERENCE REGISTRATIONUS BANK PURCHASING CARD PROGRAM 955.00 CITY MANAGER TOTAL: 1,515.96

ECONOMIC DEVELOPMENT
APR'24-BUS OF MONTH_AV ICE PALACEERIC WINTER 772.19
ECONOMIC DEVELOPMENT TOTAL: 772.19

HUMAN RESOURCES
MAR'24-AM SECURE LIVE SCAN FEECHARLES C STILL 67.00
MAR'24-RC SECURE LIVE SCAN FEECHARLES C STILL 67.00
HUMAN RESOURCES TOTAL: 134.00

CITY ATTORNEY
JAN'24 BBK GENERAL RETAINER LEGAL SERVICESBEST BEST & KRIEGER 24,150.00 JAN'24 BBK LITIGATION - CCBEST BEST & KRIEGER 32.50
JAN'24 BBK LABOR & EMPLOYMENTBEST BEST & KRIEGER 780.00 JAN'24 BBK MAJOR GENERAL PLAN UPDATE-SPECIAL PROJBEST BEST & KRIEGER 1,242.70 JAN'24 BBK NPDESBEST BEST & KRIEGER 289.00
JAN'24 BBK GENERAL LITIGATIONBEST BEST & KRIEGER 148.80 JAN'24 BBK GENERAL PLAN TOWN CTR SPECIFIC PLANBEST BEST & KRIEGER 5,953.40 FEB'24 BBK LITIGATION - CCBEST BEST & KRIEGER 65.00
FEB'24 BBK GENERAL RETAINER LEGAL SERVICESBEST BEST & KRIEGER 24,150.00 FEB'24 BBK LABOR & EMPLOYMENTBEST BEST & KRIEGER 13,195.00 FEB'24 BBK CEQA & ENVIRONMENTAL (SPECIALIZED)BEST BEST & KRIEGER 1,170.00 FEB'24 BBK MAJOR GENERAL PLAN UPDATE-SPECIAL PROJBEST BEST & KRIEGER 4,450.60 FEB'24 BBK GENERAL LITIGATIONBEST BEST & KRIEGER 650.00 FEB'24 BBK GENERAL PLAN TOWN CTR SPECIFIC PLANBEST BEST & KRIEGER 3,352.40 CITY ATTORNEY TOTAL: 79,629.40

FINANCE
2023 1099 & W-2 PRINTING AND ELECTRONIC FILINGTYLER TECHNOLOGIES-INCODE DIVISION 2,682.00 FY23-24 GASB 75 ACTUARIAL VALUATION - 2ND INSTALLMTOTAL COMPENSATION SYSTEMS, INC. 1,620.00 FY22-23 AV CITY ANNUAL AUDIT - FINAL BILLINGDAVIS FARR LLP 8,320.00 AE 3/20 CITY OF ALISO - ENERGOV TEST TRANSACTIONUS BANK PURCHASING CARD PROGRAM 0.03 AE 3/11 CITY OF ALISO - ENERGOV TEST TRANSACTIONUS BANK PURCHASING CARD PROGRAM 1.03 AE 3/20 CITY OF ALISO - ENERGOV TEST TRANSACTIONUS BANK PURCHASING CARD PROGRAM 1.00 AE 3/07 CITY OF ALISO - ENERGOV TEST TRANSACTIONUS BANK PURCHASING CARD PROGRAM 3.32 AE 3/18 GFOA WEBINAR - BUDGET COMMUNICATIONSUS BANK PURCHASING CARD PROGRAM 315.00 JAN-MAR'24 CUSTODIAN CHARGESUS BANK N.A. - CUSTODY 480.00 JAN-MAR'24 SALES TAX CONTRACT SERVICEHINDERLITER DE LLAMAS & ASSOCIATES 1,704.01 14 Description (Item)Vendor Name Amount
JAN-MAR'24 SALES TAX RECOVERY SERVICEHINDERLITER DE LLAMAS & ASSOCIATES 126.31 FINANCE TOTAL: 15,252.70

INFORMATION TECHNOLOGY
APR'24 NETWORK SUPPORT & SECURITYNATHAN M KEETER 416.67 MAR'24 ENERGOV ELM AND ASSET MGMT SERVICESGO LIVE TECHNOLOGY INC 1,260.00 32 VERKADA CAMERA SHIELDSSHI INTERNATIONAL CORP 2,441.40 PALO ALTO NETWORKS B18137246 & B18140318SHI INTERNATIONAL CORP 18,287.02 IA 2/28 EOC YOUTUBE SUBSCRUS BANK PURCHASING CARD PROGRAM 72.99 IA 3/8 GODADDY.COM IMAGINETOWNCENTER.COMUS BANK PURCHASING CARD PROGRAM 22.17 IA 3/16 WAITWHILE SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 196.00 APR'24 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 1,994.99 APR'24 OFFSITE BACKUP STORAGELUNAVI, INC 1,649.49
INFORMATION TECHNOLOGY TOTAL: 26,340.73

NON-DEPARTMENTAL
APR'24 - RECORDS OFF SITE STORAGECERTIFIED RECORDS MANAGEMENT 466.38 MAR'24 RICOH 2504EX FRONT COUNTER PRINTS (4456)RICOH USA 92.82 APR'24 RICOH RSI CLOUD SUBSCRIPTION (SW1860708)RICOH USA 23.15 MAR'24 VISTA PARK LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 1,028.96 JAN'24 VEHICLE FUEL - CITYVOYAGER FLEET SYSTEMS INC 286.87 FEB'24 VEHICLE FUEL - CITYVOYAGER FLEET SYSTEMS INC 451.75 JAN-APR'24 89 PLAYA CIR HOA FEES+$200 LIEN INTENTHARBOR STATION MAINTENANCE 940.00 MAR'24 ACCT#2427 89 PLAYA CIR ELECTRICITYSO CAL EDISON 35.95 ACCT#64101 VISTA WATER SVCMOULTON NIGUEL WATER DIST 88.16 NON-DEPARTMENTAL TOTAL: 3,414.04
C. S. ADMINISTRATION
4/27/24 JAMFEST EVENT - FINAL PAYMENTM&J PAUL ENTERPRISES INC 2,432.50 AA 2/27-2/29/24 CPRS CONFERENCE REIMB_MEALS/MILESANDREW R ALBERS 204.77 KP 2/27-3/1/24 CPRS CONFERENCE REIMB_MEALS/MILESPHUNG K PHAM 279.31 3/01 JNL HYATT HOTEL-CPRS CONF HOTEL #2 W/ PARKINGUS BANK PURCHASING CARD PROGRAM 786.72 3/01 JNL HYATT HOTEL - CPRS CONFERENCE HOTEL #1US BANK PURCHASING CARD PROGRAM 696.72 3/05 JNL UCI MARKETPLACE -HIRING FAIR REGISTRATIONUS BANK PURCHASING CARD PROGRAM 350.00 3/15 JNL DOMINOS - MOVIE NIGHT STAFF MEALUS BANK PURCHASING CARD PROGRAM 15.06 3/17 JNL TARGET - MOVIE RETURNUS BANK PURCHASING CARD PROGRAM (19.38) 4/27/24 JAMFEST DECOR RENTALR.W.B. PARTY PROPS, INC 3,232.50 JB 3/06 EVENT LISTING FEE -JAMFEST EVENTBRITE POSTUS BANK PURCHASING CARD PROGRAM 24.99 JB 3/15 SMART AND FINAL - SPRING MOVIE NIGHT CHIPSUS BANK PURCHASING CARD PROGRAM 59.97 JB 3/15 FUN EXPRESS PRIZES - JAMFEST & MOVIEUS BANK PURCHASING CARD PROGRAM 375.50 JB 3/21 TARGET - AVCA SPRING CELEBRATIONUS BANK PURCHASING CARD PROGRAM 15.85 JB 3/21 COSTCO - AVCA SPRING CELEBRATIONUS BANK PURCHASING CARD PROGRAM 61.86 JB 3/15 THE HOME DEPOT - DUCT TAPEUS BANK PURCHASING CARD PROGRAM 9.68 C. S. ADMINISTRATION TOTAL: 8,526.05

IGLESIA PARK
MAR'24 IGLESIA LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 6,846.00 IGLESIA PARK TOTAL: 6,846.00

IGLESIA PARK COMMUNITY CENTER
JAN-FEB'24 ELEMENTARY & TEEN KEYSTONE PROGRAMBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 25,000.00 IGLESIA PARK COMMUNITY CENTER TOTAL: 25,000.00

PLANNING
MAR'24 AFFORD. HOUSING CONSULTANT SERVICESREBECCA J CAHA 2,175.00 MAR'24 AVTC PLANNING CONSULTING SERVICESBRIAN JAMES CORNELIUS 5,400.00 SK 3/05 ZOOM ANNUAL SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 159.90 SK 3/21 2024 APA PLNG CONFERENCE HOTEL - SKUS BANK PURCHASING CARD PROGRAM 533.71 SK 3/04 PDAOC LUNCH AND LEARNUS BANK PURCHASING CARD PROGRAM 20.00 SK 3/14 DELTA-2024 APA PLNG CONFERENCE FLIGHT-SKUS BANK PURCHASING CARD PROGRAM 418.20 SK 3/14 2024 APA PLNG CONFERENCE REGISTRATION - RRUS BANK PURCHASING CARD PROGRAM 835.00 SK 3/14 APA ANNUAL MEMBERSHIPUS BANK PURCHASING CARD PROGRAM 105.98 PLANNING TOTAL: 9,647.79

CODE ENFORCEMENT
SK 3/13 OC HAULING-REMOVAL CONFISCATED TACO STANDUS BANK PURCHASING CARD PROGRAM 350.00 SK 3/08 LIFE STORAGE FOR CONFISCATED TACO STANDUS BANK PURCHASING CARD PROGRAM 631.20 CODE ENFORCEMENT TOTAL: 981.20
15 Description (Item)Vendor Name Amount

ENGINEERING (GENERAL)
APR'24 MURCAL IOT SMARTCOMMAND MONITORING SERVICEMURPHY SWITCH OF CA 450.00 CY 2023 Q4 REPORT - J01P28 DISCHARGE SAMPLING Q4SIERRA ANALYTICAL LABS INC 230.00 KB 3/06 ADVANCED AUTO PARTS - BATTERYS FOR LIFTUS BANK PURCHASING CARD PROGRAM 574.08 KB 3/06 ADVANCE AUTO PARTS - BATTERY CORE RETURNUS BANK PURCHASING CARD PROGRAM (81.00) SP 3/14 SP BNI GREENBOOK PW SPECIFICATIONS 2024US BANK PURCHASING CARD PROGRAM 231.32 ENGINEERING (GENERAL) TOTAL: 1,404.40

STREET MAINTENANCE
MAR'24 STREET MAINTENANCE MOE TAX PVMPV MAINTENANCE INC 33,106.70 STREET MAINTENANCE TOTAL: 33,106.70

LAW ENFORCEMENT-CONTRACT
APR'24 LAW ENFRCMNT |BODY CAMERAS | IN-CAR VIDEOCOUNTY OF ORANGE 899,962.68 LAW ENFORCEMENT-CONTRACT TOTAL: 899,962.68

LAW ENFORCEMENT-OTHER
03/17-03/30/24 457.33 HRS-CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 14,154.36 LAW ENFORCEMENT-OTHER TOTAL: 14,154.36
EOC
SL 3/05 RALPHS - FOOD WATER FOR TRAININGUS BANK PURCHASING CARD PROGRAM 60.55 SL 3/07 AMAZON - EOC EQUIPMENTUS BANK PURCHASING CARD PROGRAM 229.53 SL 3/21 ALDEN-NARCAN STORAGE EQUIP & SIGNAGEUS BANK PURCHASING CARD PROGRAM 1,258.27 EOC TOTAL: 1,548.35
GENERAL FUND TOTAL: 1,136,867.23
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
MAR'24 CH LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 678.00 03/01/24-04/01/24 METER#16122180 CH GASTHE GAS COMPANY 650.63 MAR'24 ACCT#7189 CITY HALL ELECTRICITYSO CAL EDISON 4,613.72 ACCT#65408/65407/65406 CH WATER SVCMOULTON NIGUEL WATER DIST 606.37 NON-DEPARTMENTAL TOTAL: 6,548.72
GEN. FD-CITY HALL TOTAL: 6,548.72
103 - GF-AV RECREATION SERVICES

RECREATION SERVICES
REPLACEMENT TABLES DAMAGED FROM RENTAL- AVRMITY-LITE INC 1,043.42 WINTER2024-WAV105/106/162/163 YOGA-15 PARTICIPANTSJOY E. TORRES 1,008.00 WINTER2024-WAV064/065/066/067 MULTISPORT-19 PARTICSKYHAWKS SPORTS ACADEMY, INC 1,473.60 WIN24-WAV96/40/44/32/34/36/38 GYMNASTICS-46 PARTICTUMBLE-N-KIDS, INC 2,443.20 WINTER2024-WAV049/WAV102 SOCCER-10 PARTICIPANTSEPC PLAYTIME 774.00 WINTER2024-WAV851 TAI CHI-15 PARTICIPANTSRONALD S. COHAN 405.00 WINTER2024-WAV072/078/075 ENRICHMENT-18 PARTICIPANLAURELINDA HAUKSSON 1,236.00 3/17 AVR LINEN DRY CLEANINGPRESTIGIOUS CLEANERS LLC 231.34 3/24 AVR LINEN DRY CLEANINGPRESTIGIOUS CLEANERS LLC 517.10 WINTER24-WAV145/146/148/085/086/701/702-28 PARTICIFITNESS WITH FLAVOR LLC 1,698.00 APR'24 AVR CASH COURIER SERVICEGARDAWORLD 445.80
MAR'24 AVR TREE TRIMMINGGREAT SCOTT TREE SERVICE, INC 1,548.00 MAR'24 AVR EMERGENCY TREE TRIMMINGGREAT SCOTT TREE SERVICE, INC 320.00 WINTER2024-WAV152/WAV088 DANCE-2 PARTICIPANTSROXANNE BELL 133.00 WINTER2024-WAV006 STAGE PLAY/WAV013 DANCE-6 PARTIJENNIFER BALES 324.00 WINTER2024-WAV751 MUSIC-4 PARTICIPANTSFIT FIRST LLC 192.00 WINTER2024-WAV193/191/455/452 YOGA-11 PARTICIPANTSRUIHONG LI 528.00 WINTER2024-WAV174 BOXING-2 PARTICIPANTSSARA GUTIERREZ 98.40 WINTER2024-WAV278/WAV272 ART-13 PARTICIPANTSERNA VAN DYK 543.00 WINTER2024-WAV555 HULA-4 PARTICIPANTSANGIE DOROTHY ABAD 192.00 JAN-MAR'24 C2500 AVR PRINTS (8774)RICOH USA 431.46
MAR'24 AVR LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 2,262.67 MAR'24 AVR LANDSCAPE MAINTENANCE - REMEDIALNIEVES LANDSCAPE INC 657.55 HARDWARE UPS REPLACEMENTS - AVRSHI INTERNATIONAL CORP 1,642.99 APR'24 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 665.00 JB 3/21 COSTCO - CLEANING SUPPLIESUS BANK PURCHASING CARD PROGRAM 32.30 KB 2/28 HOME DEPOT - AVR LM BLINDS DOOR WINDOWUS BANK PURCHASING CARD PROGRAM 39.85 KB 3/20 DENAULTS HARDWARE - AVR HARDWARE SIGNUS BANK PURCHASING CARD PROGRAM 1.75 16 Description (Item)Vendor Name Amount
KB 2/29 HOME DEPOT - AVR RETURN CREDIT OF BLINDSUS BANK PURCHASING CARD PROGRAM (32.30) KB 2/27 HOME DEPOT - AVR LM OFFFICE WINDOW BLINDSUS BANK PURCHASING CARD PROGRAM 125.99 MAR'24 ACCT#4551 FARMSO CAL EDISON 229.53
ACCT#105234/104936/104935/104986 RANCH WATER SVCMOULTON NIGUEL WATER DIST 1,150.35 ACCT#104519/104515 FARM WATER SVCMOULTON NIGUEL WATER DIST 207.04 LABOR: TROUBLESHOOT ELECTRONIC LOCKING ISSUES AVRVICTORY LOCK CONTROL, INC 650.00 RECREATION SERVICES TOTAL: 23,218.04
GF-AV RECREATION SERVICES TOTAL: 23,218.04
203 - GAS TAX

STREET MAINTENANCE
MAR'24 STREET MAINTENANCE GAS TAX PVMPV MAINTENANCE INC 40,463.74 MAR'24 STREET SWEEPING SERVICESSCA OF CA LLC 8,668.66
MAR'24 DATABASE MAINT + 19 TICKETSUNDERGROUND SERVICE ALERT OF SOUTHERN CA 43.25 MAR'24 MEDIANS LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 1,586.00 FEB'24 ST LIGHTS & TRAFFIC CTRLRSSAN DIEGO GAS & ELECTRIC 2,552.03 MAR'24 ACCT#6377 LS2 ST LIGHTSSO CAL EDISON 1,309.62
MAR'24 ACCT#7241 LS1 ST LIGHTSSO CAL EDISON 17,527.24
MAR'24 ACCT#8254 TC1 ST LIGHTS LECTRICITYSO CAL EDISON 4,020.11 ACCT#64613/64615 MEDIANS WATER SVCMOULTON NIGUEL WATER DIST 181.96 STREET MAINTENANCE TOTAL: 76,352.61
GAS TAX TOTAL: 76,352.61
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
APR'24 ECITATIONS|MTRCYCLE REPLCMNT|MOBILE DATACOUNTY OF ORANGE 5,932.50 LAW ENFORCEMENT-OTHER TOTAL: 5,932.50
PUBLIC SAFETY GRANTS TOTAL: 5,932.50
241 - TECHNOLOGY FUND

GEN-TECHNOLOGY GRANTS
APR-JUN'24 GRANICUS WEBSTREAMINGGRANICUS INC 4,380.54
MAR'24-CC MTG3/6&3/20 SPRTSZN22-25/SITEVSTS&ADMINERIC WINTER 1,307.76 GEN-TECHNOLOGY GRANTS TOTAL: 5,688.30
TECHNOLOGY FUND TOTAL: 5,688.30
251 - FEDERAL GRANTS

GEN-FEDERAL GRANT
JAN'24 BBK 89 PLAYA CIRBEST BEST & KRIEGER 4,668.60
FEB'24 BBK 89 PLAYA CIRCLEBEST BEST & KRIEGER 392.30
GEN-FEDERAL GRANT TOTAL: 5,060.90
FEDERAL GRANTS TOTAL: 5,060.90
261 - CITY FAC.-AQUATIC CENTER
APR'24 AQC RETENTION FEESPREMIER AQUATIC SERVICES (1,208.30) -1,208.30

GEN-AQUATIC CENTER
APR'24 AQC CASH COURIER SERVICEGARDAWORLD 514.17
APR'24 AQC MANAGEMENT FEESPREMIER AQUATIC SERVICES 12,083.00 MAR'24 AQC LANDSCAPE MAINTENANCENIEVES LANDSCAPE INC 912.48 03/04/24-04/02/24 MTR#15672349 AQC GAS SVCTHE GAS COMPANY 2,702.69 JAN-MAR'24-AQ CTR-MTR#4987 ELECTRICITYALISO VIEJO BANQUET CENTER LLC 3,344.98 KB 2/29 HOME DEPOT-AQC CUTTING TOOLS DECK BOLLARDSUS BANK PURCHASING CARD PROGRAM 53.84 KB 2/26 HOME DEPOT - AQC TOOL SPA JETSUS BANK PURCHASING CARD PROGRAM 13.98 KB 3/11 HOME DEPOT -AQC BOLLARD HARDWARE POOL DECKUS BANK PURCHASING CARD PROGRAM 148.43 ACCT#64095/64096 AQC WATER SVCMOULTON NIGUEL WATER DIST 604.98 GEN-AQUATIC CENTER TOTAL: 20,378.55
CITY FAC.-AQUATIC CENTER TOTAL: 19,170.25
17 Description (Item)Vendor Name Amount
332 - STORM WATER

DRAINAGE IMPROVEMENTS
MAR'24 WOOD CANYON WETLANDS PV MAINTENANCEPV MAINTENANCE INC 612.43 DRAINAGE IMPROVEMENTS TOTAL: 612.43
STORM WATER TOTAL: 612.43
411 - DEBT SERVICE

DEBT SERVICE
FY22-23 ANNUAL COP DISCLOSURE REPORTKOPPEL & GRUBER PUBLIC FIN. 2,239.26 DEBT SERVICE TOTAL: 2,239.26
DEBT SERVICE TOTAL: 2,239.26
731 - CFD 2005-01

TRUST FUND
JAN-MAR'24 CFD ADMIN SERVICESKOPPEL & GRUBER PUBLIC FIN. 2,223.87 TRUST FUND TOTAL: 2,223.87
CFD 2005-01 TOTAL: 2,223.87
GRAND TOTAL: 1,283,914.11
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 1,136,867.231,136,867.23
102 - GEN. FD-CITY HALL 6,548.726,548.72
103 - GF-AV RECREATION SERVICES 23,218.0423,218.04
203 - GAS TAX 76,352.6176,352.61
215 - PUBLIC SAFETY GRANTS 5,932.505,932.50
241 - TECHNOLOGY FUND 5,688.305,688.30
251 - FEDERAL GRANTS 5,060.905,060.90
261 - CITY FAC.-AQUATIC CENTER 19,170.2519,170.25
332 - STORM WATER 612.43612.43
411 - DEBT SERVICE 2,239.262,239.26
731 - CFD 2005-01 2,223.872,223.87
1,283,914.11Grand Total: 1,283,914.11
18 Accounts Payable Payable Dates: 04/03/2024 - 04/11/2024 4/11/2024 12:05:51 PM Page 6 of 7
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 1,136,867.23
102 - GEN. FD-CITY HALL 6,548.72
103 - GF-AV RECREATION SERVICES 23,218.04
203 - GAS TAX 76,352.61
215 - PUBLIC SAFETY GRANTS 5,932.50
241 - TECHNOLOGY FUND 5,688.30
251 - FEDERAL GRANTS 5,060.90
261 - CITY FAC.-AQUATIC CENTER 19,170.25
332 - STORM WATER 612.43
411 - DEBT SERVICE 2,239.26
731 - CFD 2005-01 2,223.87
1,283,914.11Grand Total:

Account Summary
Payment AmountAccount Number Account Name
101-2602-000 PLANNING DEPOSIT 6,158.00
101-2603-000 ENGINEERING DEPOSIT 953.50
101-2606-000 C & D DEPOSIT 1,000.00
101-32010 BUILDING PERMITS 153.50
101-32020 ELECTRICAL PERMITS 83.32
101-32030 PLUMBING PERMITS 53.79
101-32040 MECHANICAL PERMITS 199.57
101-32090 ISSUANCE FEE 23.09
101-36440 SCANNING 3.22
101-37505 INFORMATION TECHNO… 2.69
101-4-1501-4225-000 VEHICLE/CELL 335.00
101-4-1501-4520-000 MTGS/CONF./TRNG & D… 1,180.96
101-4-1502-4302-000 ECONOMIC DEVELOPM… 772.19
101-4-1503-4309-000 OTHER CONTRACTUAL S… 134.00
101-4-2101-4304-000 LEGAL SERVICES 62,275.00
101-4-2101-4532-000 SPECIAL PROJECTS 14,999.10
101-4-2101-4701-000 NPDES 289.00
101-4-2101-4733-000 ZONING CODE 1,170.00
101-4-2101-4735-000 LITIGATION 896.30
101-4-2501-4301-000 PROFESSIONAL SERVICES 14,452.32
101-4-2501-4305-000 TECHNOLOGY SERVICES 5.38
101-4-2501-4309-000 OTHER CONTRACTUAL S… 480.00
101-4-2501-4520-000 MTGS/CONF./TRNG & D… 315.00
101-4-3101-4301-000 PROFESSIONAL SERVICES 1,676.67
101-4-3101-4305-000 TECHNOLOGY SERVICES 2,067.98
101-4-3101-4481-000 COMPUTER EXPENSE 22,596.08
101-4-3501-4431-000 BUILDING & GROUND M… 2,093.07
101-4-3501-4471-000 RENT 466.38
101-4-3501-4513-000 PRINTING 115.97
101-4-3501-4516-000 FUEL 738.62
101-4-4101-4520-000 MTGS/CONF./TRNG & D… 2,317.52
101-4-4101-4527-000 REC-CITY SPECIAL EVENTS 6,121.14
101-4-4101-4528-000 REC-PARTNER EVENTS 77.71
101-4-4101-4601-000 SUPPLIES 9.68
101-4-4102-4431-000 BUILDING & GROUND M… 6,846.00
101-4-4104-4529-000 REC-YOUTH PROGRAMS 25,000.00
101-4-4401-4305-000 PLANNING TECHNOLOGY… 159.90
101-4-4401-4309-000 OTHER CONTRACTUAL S… 2,175.00
101-4-4401-4520-000 MTGS/CONF./TRNG & D… 1,806.91
101-4-4401-4521-000 MEMBERSHIP & DUES 105.98
101-4-4401-4532-000 SPECIAL PROJECTS 5,400.00
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 981.20
19 Accounts Payable Payable Dates: 04/03/2024 - 04/11/2024 4/11/2024 12:05:51 PM Page 7 of 7
Account Summary
Payment AmountAccount Number Account Name
101-4-4501-4601-000 SUPPLIES 231.32
101-4-4501-4620-000 MINOR EQUIPMENT 493.08
101-4-4501-4701-000 NPDES 680.00
101-4-4503-4771-000 C.S-STREET MAINTENAN… 33,106.70
101-4-5101-4308-000 LAW ENFORCEMENT 899,962.68
101-4-5102-4721-000 C.S-CROSSING GUARDS 14,154.36
101-4-5401-4520-000 MTGS/CONF/TRNG & D… 60.55
101-4-5401-4612-000 OPERATING SUPPLIES 1,487.80
102-4-3501-4411-000 UTILITIES 5,870.72
102-4-3501-4431-000 BUILDING & GROUND M… 678.00
103-4-4105-4305-000 TECHNOLOGY SERVICES 3,389.45
103-4-4105-4309-000 OTHER CONTRACTUAL S… 11,048.20
103-4-4105-4411-000 UTILITIES 1,150.35
103-4-4105-4431-000 BUILDING & GROUND M… 4,923.51
103-4-4105-4451-000 FARM OPERATING EXPE… 436.57
103-4-4105-4561-000 TAXES/FEES/PERMITS 445.80
103-4-4105-4601-000 SUPPLIES 32.30
103-4-4105-4612-000 OPERATING SUPPLIES 748.44
103-4-4105-4620-000 MINOR EQUIPMENT 1,043.42
203-4-4503-4411-000 UTILITIES 25,590.96
203-4-4503-4771-000 C.S-STREET MAINTENAN… 42,092.99
203-4-4503-4772-000 C.S-STREET SWEEPING 8,668.66
215-4-5102-4803-000 PUBLIC SAFETY EQUIPM… 5,932.50
241-4-6141-4309-000 OTHER CONTRACTUAL S… 1,307.76
241-4-6141-4481-000 IT/COMPUTER EQUIPM… 4,380.54
251-4-6151-4309-000 OTHER CONTRACTUAL S… 5,060.90
261-2103-000 RETENTIONS PAYABLE -1,208.30
261-4-6161-7401-000 EQUIPMENT MAINTENA… 67.82
261-4-6161-7411-000 UTILITIES 6,652.65
261-4-6161-7421-000 BUILDING & GROUND M… 1,060.91
261-4-6161-7445-000 FEES & PERMITS 514.17
261-4-6161-7451-000 MANAGEMENT FEES 12,083.00
332-4-8601-5911-000 REHABILITATION 612.43
411-4-7101-4542-000 INTEREST & FISCAL CHGS 2,239.26
731-4-7501-4542-000 INTEREST & FISCAL CHGS 2,223.87
Grand Total: 1,283,914.11
Project Account Summary
Payment AmountProject Account Key
**None** 1,276,190.18
0305911 612.43
ENG 2254 953.50
PA 19-041 6,158.00
Grand Total: 1,283,914.11
20 City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/City Treasurer SUBJECT: TREASURER’S STATEMENT – MARCH 2024
Recommended Action:

Receive and file the March 2024 Treasurer’s Statement.

Fiscal Impact:

No Fiscal Impact.

Background:

Per City policy, the Finance Department presents the monthly Treasurer’s Statement for the City Council’s review. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments.

Discussion:

The City’s portfolio consists of investments in Certificates of Deposits, US Treasuries, US Federal Agencies, Corporate Bonds, and Local Agency Investment Fund (LAIF). All funds invested with LAIF are available for withdrawal within 24 hours.

The Treasurer’s Statement provides information regarding the City’s investment portfolio and activity during the reporting month. The City’s investment portfolio is in compliance with all government codes as well as the City’s investment policy. Interest is credited to the City’s bank account monthly and allocated among the City’s funds. The current portfolio provides sufficient cash flow liquidity to meet the upcoming operating expenses and spending requirements for the next 6 months.

Attachment:

1. March 2024 Treasurer’s Statement
21 TREASURER'S MONTHLY CASH STATEMENT

BEGINNING TRANSFERS ENDING

BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 2,932,755.00 $ 3,042,346.96 $ 1,828,755.17 $ (236,004.67) $ 3,910,342.12 $ TCRF 70,919.63 $ 2,431.14 73,350.77 GAS TAX FUND 1,055,324.18 $ 142,246.88 64,872.55 1,132,698.51 MEASURE M 1,496,982.63 $ 219,667.26 2,156.00 (175,484.44) 1,539,009.45 SB1-RMRA 1,387,868.07 $ 145,681.98 (1,108,513.40) 425,036.65 PUBLIC SAFETY GRANTS 294,300.96 $ 20,963.63 7,775.50 307,489.09 (1) AIR QUALITY IMPRVMNT FD 1,348,629.38$ 61,738.63 1,410,368.01 INTEGRATED WASTE MGMT FD 59,032.00$ 2,047.56 965.00 60,114.56 OTHER GRANTS (188,888.35) $ (188,888.35)
TECHNOLOGY GRANT 358,712.37 $ 11,977.16 370,689.53 DEVELOPMENT IMPACT 1,377,777.33 $ 1,377,777.33
FEDERAL GRANTS (241,773.27) $ 231,829.13 (77,390.00) (87,334.14) CITY FACILITY - AV CTR 179,758.92 $ 179,758.92 CITY FACILITY - AQUATIC CTR (123,239.07)$ 82,550.95 69,304.45 (109,992.57) STREET IMPROVEMENTS (175,502.77)$ 5,767.30 1,282,206.72 1,100,936.65 (2) CAPITAL IMPROVEMENTS (124,290.64)$ 188,044.92 314,264.29 1,928.73 (2) STORM WATER - $ 921.50 921.50 - (2) COP CAPITAL - $ - (2) COP (2,984.82) $ (2,984.82)
AV RANCH FOUNDATION 100.00 $ 100.00
CFD 2005-01 (1,004.00) $ 193,145.45 193,991.45 (1,850.00) RENEWABLE FARMS 2,699.52 $ 2,699.52
COMMUNITY TRUST 5,562.68 $ 5,562.68
TOTALS 9,712,739.75 $ 4,156,626.73 $ 2,362,553.84 $ 0.00 $ 11,506,812.64$ SUMMARY OF CASH:

DEMAND DEPOSITS: GENERAL ACCOUNT 3,264,485.99 $

INVESTMENTS: LOCAL AGENCY INVESTMENT FD 8,242,326.65 $
TOTAL CASH 11,506,812.64 $
Years to Maturity for March 2024 1.66
Weighted Average Yield for March 2024 3.630%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.

The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.

Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 36,320,505.30$ Cash With Fiscal Agent COPS/CFD 2005-01 4,346,557.57
Cash With Investment Advisor City Investments 29,337,306.13 AV Center 2,374,740.06
PR Account 259,051.16
Petty Cash 2,850.38
GRAND TOTAL OF CITY FUNDS 47,827,317.94 $
(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
March 31, 2024
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28 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
March 2024 Statement
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
3/5/2024 3/4/2024 RD 1748671 1709101 ANN EIFERT 500,000.00 Account Summary
Total Deposit: 500,000.00 Beginning Balance: 7,742,326.65 Total Withdrawal: 0.00 Ending Balance: 8,242,326.65
29 March 4.232
February 4.122
January 4.012
December 3.929
November 3.843
October 3.670
PMIA Average Life(1): 230
LAIF Fair Value Factor(1): 0.993543131
PMIA Daily(1): 3.96
PMIA Quarter to Date(1): 3.81
LAIF Apportionment Rate(2): 4.00
LAIF Earnings Ratio(2): 0.00010932476863589
LAIF Administrative Cost(1)*: 0.29
Treasuries

54.92%
Agencies

25.05%
Certificates of
Deposit/Bank Notes

10.04%
Time
Deposits

3.02%
Commercial
Paper

6.38%
Corporate
Bonds

0.39%
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 4/3/24
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/23
Chart does not include $2,059,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
2/29/24
$164.3 billion
30 City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH HARTZOG & CRABILL, INC. FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR

TRAFFIC SIGNAL OPERATIONS
Recommended Actions:

2. Authorize the City Manager to execute the second amendment to the agreement.

Fiscal Impact:

The consultant fee for this work is estimated to be $25,000 in FY 2024-25 for routine traffic signal operation services and $10,000 for traffic signal operation support for the Alicia Parkway Regional Traffic Signal Synchronization Project. This work will be appropriated in the FY 2024-25 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. The City anticipates being awarded funding through OCTA for the Alicia Parkway Regional Traffic Signal Synchronization Project during FY 2024-

25. If awarded, it is estimated that project specific traffic signal operations services in the amount of $10,000 would be required to complete the Regional Traffic Signal Synchronization Project (RTSSP) project along Alicia Parkway the north and south City limits, which is outside the scope of daily traffic signal operation services. Construction funds will be appropriated at the time the grant is awarded. 31

Page 2 of 2 ends

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 and was awarded to HCI on June 2, 2021 for an initial term of three years. This first agreement amendment increased the total compensation under the agreement by $30,000. This second amendment will renew the agreement for an additional one-year term and increase the total compensation under the agreement by $35,000. The City has the option to renew the Agreement for one additional one-year term after this amendment.

Attachment:

1. Second Amendment to Agreement with Hartzog & Crabill, Inc. 32 60367.01100\33489405.1

- 1 -

CITY OF ALISO VIEJO

SECOND AMENDMENT TO

TRAFFIC ENGINEERING SERVICES FOR TRAFFIC SIGNAL OPERATIONS

1. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement for Traffic Engineering Services for Traffic Signal Operations (“Second Amendment”) is entered into on the ____ day of ________, 2024, 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 Fi rst Amendment. The Parties amended the Agreement in order to increase the total compensation under the Agreement by Thirty Thousand Dollars ($30,000.00) on August 16, 2023.

2.3 S
econd Amendment. The parties now desire to amend the agreement in order to renew the agreement for an additional one-year term and to increase the total compensation under the Agreement by Thirty Five Thousand Dollars ($35,000).

3. TERMS.

3.1 Term.

Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the term of the Agreement for one year from July 1, 2024 to June 30, 2025 , unless earlier terminated as provided in the Agreement.

3.2 Compensation.

The total compensation for the Services provided pursuant to the A greement, the First Amendment, and this Second Amendment shall not exceed One Hundred Forty Thousand Dollars ($140,000.00) without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Second 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 33 60367.01100\33489405.1

- 2 -

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 A dequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.

3.6 C ounterparts. 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.
34 60367.01100\33489405.1

- 3 -

SIGNATURE PAGE FOR SECOND 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 Second Amendment to Agreement on this ____ day of __________, 2024.

CITY OF ALISO VIEJO

Approved:

By:

Mitzi Ortiz, MMC
Acting City Manager

ATTEST:

By: _______________________________
Lauren Torres
Deputy 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:_________________________

35 60367.01100\33489405.1

- 4 -

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.
36 60367.01100\33489405.1

- 5 -

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

37 60367.01100\33489405.1

A-1

EXHIBIT “A”

TO SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING

SERVICES FOR TRAFFIC SIGNAL OPERATIONS

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 June 2, 2021. 38 60367.01100\33489405.1

B-1

EXHIBIT “B”

TO SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

TRAFFIC ENGINEERING SERVICES FOR TRAFFIC SIGNAL OPERATIONS

COMPENSATION

See attached.
39 Hartzog & Crabill
Consulting Engineers

17852 E. 17th Street, Suite 101,  Tustin, CA 92780  (714) 731-9455

Schedule of Hourly Rates

(for City of Aliso Viejo)

Classification Hourly Rates

Principal Consultant................................................................................................... $180 Senior Engineer........................................................................................................... $155 Associate Engineer...................................................................................................... $150 Traffic Signal System Supervisor............................................................................... $135 Senior Designer............................................................................................................ $13 0 Traffic Signal Systems Specialist................................................................................. $125

* Traffic Counts (Cost, plus 15%)............................................................................ $ *

Note: Out of pocket expenses (blueprinting, re production, printing and delivery service) will be invoiced at Cost. These other direct costs ar e included in the not-to-exceed values for the aforementioned scope of services. A 15% fee for administration, coordination and handling will be added to subcontracted services.

This Schedule of Hourly Rates is effective as of March 1, 2024.

Rates may be adjusted after that date to compensa te for increases of inflationary trends. Mileage shall be per current IRS rate. Rate can be found at the following link:
https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2024-mileage-rate- increases-to-67-cents-a-mile-up-1-point-5-cents-from-
2023#:~:text=Beginning%20on%20Jan.%201%2C%202024,up%201.5%20cents%20from%202 023.
40 City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH SCA of CA, LLC

FOR STREET SWEEPING SERVICES
Recommended Actions:

1. Approve a second amendment to the agreement with SCA of CA, LLC to perform street sweeping services that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $115,000 for a total agreement amount of $500,000; and

2. Authorize the City Manager to execute the second amendment to the agreement.

Fiscal Impact:

The cost of the requested work is expected to be about $115,000 annually. Gas Tax Funds will be used for this work and will be appropriated in the fiscal year 2024-25 budget.

Background:

Street sweeping is an essential service that is required by the State in the City’s National Pollutant Discharge Elimination System (NPDES) permit to help prevent litter, debris and sediment from entering the storm drain system which discharges into the ocean. It also provides an aesthetic benefit to the residents.

Discussion:

A request for proposal (RFP) was issued for street sweeping services and was advertised on the City website and was awarded to R.F. Dickson on May 20, 2020 for an initial term of three years. In 2022, RF Dickson became SCA of CA, LLC, a subsidiary of Sweeping Corporation of America, LLC. The first agreement amendment memorialized the name change of the company to SCA of CA, LLC and extended the agreement for a one-year term. This second agreement amendment will increase the total compensation under the agreement by $115,000 for a total agreement amount of $500,000 and extend the 41

Page 2 of 2 ends

agreement for a one-year term. This will be the second and final one-year renewal of the agreement.

Attachment:

1. Agreement Amendment
42 60367.01100\33489405.1

- 1 -

CITY OF ALISO VIEJO

SECOND AMENDMENT TO

STREET SWEEPING SERVICES

1. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement for Street Sweeping Services (“Second Amendment”) is entered into on the ____ day of ________, 2024, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and SCA OF CA, LLC, a subsidiary of Sweeping Corporation of America, LLC (hereinafter referred to as the “Contractor”).

City and Contractor are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The City and Assignor entered into that certain Agreement for Street Sweeping Services dated June 17, 2020 (“Agreement”).

2.2 February 2022, Assignor was acquired by Contractor, thereby transferring and assigning to Contractor all rights, title, assets and interests of Assignor.

2.3 Consent to Assignment. Section 3.8 of the Agreement requires City’s prior written consent in order to transfer and assign Assignor’s rights,

2.4 First Amendment. The Parties amended the Agreement in order to memorialize the assignment to Contractor and extend the term of the Agreement, exercising the first of two optional one-year term extensions under the Agreement on June 29, 2023.

2.5 S econd Amendment . The parties now desire to amend the agreement in order to renew the agreement for an additional one-year term and to increase the total compensation under the Agreement by One Hundred Fifteen Thousand Dollars ($115,000.00).

3. TERMS.

3.1 Term.

3.2 Compensation.

The total compensation for the Services provided pursuant to the A greement, the First Amendment, and this Second Amendment shall not exceed Five Hundred Thousand Dollars ($500,000.00) 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 “B” attached hereto.

43 60367.01100\33489405.1

- 2 -

3.3 Declaration of Political Contributions . Prior to the City’s approval of this Amendment, Contractor 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 Contractor and all of their employees, including any employee(s) that Contractor intends to assign to perform the Services described in this Second Amendment.

3.4 C ontinuing 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 -

SIGNATURE PAGE FOR SECOND AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR STREET SWEEPING SERVICES BETWEEN THE CITY OF

ALISO VIEJO AND SCA OF CA, LLC, A SUBSIDIARY OF SWEEPING CORPORATION OF AMERICA, LLC.

IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this ____ day of __________, 2024.

CITY OF ALISO VIEJO

Approved:

By:

Mitzi Ortiz, MMC
Acting City Manager

ATTEST:

By: _______________________________
Lauren Torres
Deputy 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

SCA OF CA, LLC, A SUBSIDIARY OF

SWEEPING CORPORATION OF
AMERICA, LLC.

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

45 60367.01100\33489405.1

- 4 -

CITY OF ALISO VIEJO

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
46 60367.01100\33489405.1

- 5 -

CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date

47 60367.01100\33489405.1

A-1

EXHIBIT “A”

TO SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR STREET SWEEPING SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for Street Sweeping Services, dated June 17, 2020.
48 60367.01100\33489405.1

B-1

EXHIBIT “B”

TO SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

STREET SWEEPING SERVICES

COMPENSATION

See attached.
49 Street Sweeping Services Extension 4/17/24 City Of Aliso Viejo
Quang Le, P.E. | Associate Engineer

As per our conversation regarding the contract extension in accordance with the options set forth in the original agreement of June 17, 2020, with the legacy company RF Dickson for the final year of the extension period of July 1 2024 thru June 30, 2025.

In the event that this Agreement is renewed pursuant to Section 3. 1. 2, the first renewal period shall be from July 1, 2023, through June 30, 2024. The second renewal period shall be from July I, 2024 through June 30, 2025.

SCA agrees to this extension with a CPI increase of 3.5% The new monthly billing total shall be $8,972.06.

Emergency call out or special sweep requests shall be billed at $185 per hour portal to portal.

TERRY ROBERTS
District Sales Manager
Sweeping Corp. of America
16251 Construction Cir W
Irvine, CA 92606
Direct: 714.620.4740
[email protected]

50 City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH GMU
GEOTECHNICAL, INC. FOR ON-CALL GEOTECHNICAL AND MATERIAL

TESTING SERVICES
______________________________________________________________________ Recommended Actions:

1. Approve a first amendment to the agreement with GMU Geotechnical, Inc. (GMU) to perform geotechnical and materials testing services that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $50,000 for a total agreement amount of $250,000; and

2. Authorize the City Manager to execute the first amendment to the agreement.

Fiscal Impact:

Fiscal impact for these services will be included within the budget of the capital improvement project (CIP) or paid by developers for plan review and/or inspection. CIP projects are funded primarily by special revenue funds.

Background:

The City continues to implement its Capital Improvement Program to maintain its streets at the approved Pavement Condition Index (PCI) rating of 80 as approved by Council in March 2002. Geotechnical or materials testing reports may be necessary for some of these projects during construction. In addition, the City adopted a Quality Assurance Program (QAP) approved by Caltrans that will be utilized for any state or federally funded project. The QAP outlines when testing is required.

Discussion:

A request for proposal (RFP) was issued for on-call geotechnical and materials testing services on March 24, 2021 and was advertised on the City website and was awarded to GMU on June 2, 2021 for an initial term of three years. This first amendment will increase the total compensation under the agreement by $50,000 for a total agreement amount of 51

Page 2 of 2 ends

$250,000. The City has the option to renew the agreement for one additional one-year term after this amendment.

Attachment:

1. Agreement Amendment
52 60367.01100\33489405.1

- 1 -

CITY OF ALISO VIEJO

FIRST AMENDMENT TO

ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement for On -Call Geotechnical and Material Testing Services (“First Amendment”) is entered into on the ____ day of ________, 2024, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and GMU Geotechnical, 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 On-Call Geotechnical and Material Testing Services dated June 2, 2021 (“Agreement”).

2.2 Fi rst Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional one-year term and to increase the total compensation under the Agreement by Fifty Thousand Dollars ($50,000.00).

3. TERMS.

3.1 Term.

3.2 Compensation.

The total compensation for the Services provided pursuant to the Agreement and this First Amendment shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) 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.

3.4 C ontinuing 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. 53 60367.01100\33489405.1

- 2 -

From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

3.5 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 C ounterparts. 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.
54 60367.01100\33489405.1

- 3 -

SIGNATURE PAGE FOR FIRST AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR ON-CALL GEOTECHNICAL AND MATERIAL TESTING

SERVICES BETWEEN THE CITY OF ALISO VIEJO AND GMU GEOTECHNICAL, INC.

IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this ____ day of __________, 2024.

CITY OF ALISO VIEJO

Approved:

By:

Mitzi Ortiz, MMC
Acting City Manager

ATTEST:

By: _______________________________
Lauren Torres
Deputy 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
GMU GEOTECHNICAL, INC.

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

55 60367.01100\33489405.1

- 4 -

CITY OF ALISO VIEJO

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
56 60367.01100\33489405.1

- 5 -

CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date

57 60367.01100\33489405.1

A-1

EXHIBIT “A”

TO FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL GEOTECHNICAL AND

MATERIAL TESTING SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for On-Call Geotechnical and Material Testing Services, dated June 2, 2021. 58 60367.01100\33489405.1

B-1

EXHIBIT “B”

TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ON-

CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES

COMPENSATION

See attached.
59 Rate Schedule for 2024-25
City of Aliso Viejo

PROFESSIONAL SERVICES

Document Preparation and Project Services $ 99.88/hour CAD, GIS, and Geo-BIM Design $ 124.29/hour
Staff Engineer or Geologist $ 138.72/hour
Senior Staff Engineer or Geologist $ 188.66/hour
Project Engineer or Geologist $ 210.86/hour
Senior Engineer or Geologist $ 238.81/hour
Associate Engineer or Geologist $ 249.70/hour
Principal/Director $ 282.99/hour

FIELD INSPECTION & TESTING SERVICES

Staff Engineering Technician $ 113.20/hour*
• Services provided under direct supervision of a Senior Engineering Technician Senior Engineering Technician $ 124.29/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc. • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.

Registered Special Inspector (No 4 hour minimum) $ 124.29/hour* • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. • Reinforced concrete, Post-Tension, Masonry, Welding, Bolting, Fireproofing Instrumentation Engineer $ 188.66/hour
• Slope inclinometer and Piezometer monitoring
• Manometer for floor-level surveys
• Stormwater Turbidity & pH meter
• Groundwater Monitoring - pressure transducer, datalogger, water chemistry meter, etc. • Pipeline video camera for drains, wells, etc.

Engineering Seismological Technician (includes 3-channel seismograph) $ 166.47/hour • Blast vibration monitoring
• Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.) *Notes:
(1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling. (2) No 4-hour minimum charges apply.
(3) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (4) Prevailing Wage hourly surcharge for Technicians and Inspectors per California Labor Code §1720, et seq. $ 22.77/hour

LABORATORY TESTING SERVICES

Laboratory Testing $ 120.74/hour
(For special materials testing and laboratory costs on a per-test basis, see GMU’s Laboratory Fee Schedule)

OTHER CHARGES

Outside Services Cost + 15%
Reimbursables & Reprographics Cost
60 City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH GREAT SCOTT TREE SERVICES, INC. FOR TREE MAINTENANCE SERVICES
Recommended Actions:

1. Approve a first amendment to the agreement with Great Scott Tree Services, Inc. to perform tree maintenance services that renews the agreement for an additional one- year term;

2. Approve contractor compensation rates for FY 2024-25; and

3. Authorize the City Manager to execute the first amendment to the agreement.

Fiscal Impact:

The contractor fee for this work is estimated to be a total of $50,000 in FY 2024-25 including contingency budgeted for extra work including, but not limited to emergency tree trimming, tree planting, and tree removals. A combination of General Fund and Special Revenue Funds are used to fund tree maintenance services and will be budgeted accordingly in the fiscal year 2024-25 budget.

Background:

The City of Aliso Viejo maintains trees at six City-owned facilities: City Hall, Iglesia Park, Aliso Viejo Center, Aquatic Center, Vista Park, and Aliso Viejo Ranch. The City also maintains the trees on Aliso Creek Road, Pacific Park Drive, and Calle Cortez.

The scope of the agreement will cover maintenance of the trees greater than 15 feet in height. Trees under 15 feet in height will be trimmed and maintained through the City’s Landscape Maintenance Services agreement. The scope will specifically include the trimming of the palm trees twice a year, olive trees once per year at the Aquatic Center, and the California pepper trees at Aliso Viejo Ranch twice a year along with as-needed maintenance to the rest of the City’s tree inventory.
61

Page 2 of 2 ends

As part of the agreement renewal, the contractor is proposing an increase in their rates above the CPI amount due to increases in fuel, inflation, and a higher wage rate determination for the tree trimmer classification. Great Scott Tree Services has maintained their current rates from 2021 during the initial three years of their agreement.

After a review of other tree trimming contracts that have recently gone out to RFP in the past few years, the Cities that were surveyed have seen an average increase of approximately 71%. Great Scott Tree Service is proposing an increase of 40% in their tree trimming rate. Staff recommends renewing Great Scott Tree Service at the 40% increase to avoid a potentially higher increase by readvertising the agreement. Additional budget is not being requested for fiscal year 2024-25 to accommodate the increase in rates; however, discretionary tree planting, tree removals, and other non-emergency tree services will be reduced.

Discussion:

A request for proposal (RFP) was issued for tree maintenance services, was advertised on the City website, and was awarded to Great Scott Tree Services, Inc. on May 5, 2021 for an initial term of three years, July 1, 2021 through June 30, 2024. This first agreement amendment will renew the agreement for an additional one-year term and increase the compensation rates. The City has the option to renew the Agreement for one additional one-year term after this amendment.

Attachment:

1. First Amendment to Agreement with Great Scott Tree Service, Inc. 62 60367.01100\33489405.1

- 1 -

CITY OF ALISO VIEJO

FIRST AMENDMENT TO

TREE MAINTENANCE SERVICES

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement for Tree Maintenance Services (“First Amendment”) is entered into on the ____ day of ________, 2024, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Great Scott Tree Service, Inc. (hereinafter referred to as the “Contractor ”). City and Contractor 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 Tree Maintenance Services dated May 5, 2021 (“Agreement”).

2.2 Fi rst Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional one-year term and amend the contractor compensation rates for FY24-25 to the rates set forth in Exhibit “B”.

3. TERMS.

3.1 Term.

3.2 Compensation.

The total compensation for the Services provided pursuant to the Agreement and this First Amendment shall not exceed One Hundred Twenty Six Thousand Dollars ($126,000.00) without written approval of the City Manager. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this First Amendment at the rates set forth in Exhibit “B” attached hereto.

3.4 C ontinuing 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. 63 60367.01100\33489405.1

- 2 -

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 -

SIGNATURE PAGE FOR FIRST AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY OF ALISO VIEJO AND GREAT SCOTT TREE SERVICE, INC.

IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this ____ day of __________, 2024.

CITY OF ALISO VIEJO

Approved:

By:

Mitzi Ortiz, MMC
Acting City Manager

ATTEST:

By: _______________________________
Lauren Torres
Deputy 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
GREAT SCOTT TREE SERVICE, INC.

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

65 60367.01100\33489405.1

- 4 -

CITY OF ALISO VIEJO

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
66 60367.01100\33489405.1

- 5 -

CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date

67 60367.01100\33489405.1

A-1

EXHIBIT “A”

TO FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR TREE MAINTENANCE SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for Tree Maintenance Services, dated May 5, 2021.
68 60367.01100\33489405.1

B-1

EXHIBIT “B”

TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR TREE

MAINTENANCE SERVICES

COMPENSATION

See attached.
69 Exhibit “B”-Contractors Proposed Unit Prices Page 1 of 1 Pages Tree Maintenance for City Trees
Contractor: __________________________
Exhibit “B”
Contractor’s Proposed Unit Prices
Tree Maintenance Services
For City Trees
The proposed unit prices shall include full compensation for furnishing all labor, materials, tools, necessary equipm ent, overhead and profit required to perform the work in accordance with Exhibit “ A”-Scope of Work Tree Maintenance for City Trees. The listed quantities are estimated work for a twelve (12) month period only. The monthly pay quantities shall be for the actual completed work.

STANDARD WORK ITEMS – CITY TREES
ITEM
NO.

QUANTITY UNIT DESCRIPTION UNIT
COST
TOTAL
COST
01 341 EA
Tree Trimming
(General Inventory of
City Trees 15’ and
taller)
$ = $
02 21 EA
Tree Trimming (Palm
Trees 15’ and taller /
2 times per year)
$ = $
03 48 EA
Tree Trimming
(California Pepper
Trees 15’ and taller /
2 times per year)
$ = $
04 18 EA
Tree Trimming (Olive
Trees 15’ and taller /
1 time per year)
$ = $
Subtotal Item 1 $
The undersigned declares that he/she has read the Request for Proposal, Exhibit “A”, and insurance documents and hereby proposes to complete all work in accordance with Exhibit “A” for the above unit prices for each item.

Company
Printed Name
Signature
Title
*Price shown above is for both trims
*Price shown above is for both trims
70 _______________________________________________________________________ 10761 Court Avenue • Stanton, California 90680 • 714/826-1750 • FAX 714/826-1753 • www.gstsinc.com April 17, 2024
City of Aliso Viejo
Attn: Quang Le
Associate Engineer
12 Journey, Suite 100
Aliso Viejo, CA 92656
RE: Tree Maintenance Services Contract
Dear Mr. Le,
The purpose of this letter is to update the hourly rates for call out/emergency type of work as a supplement to our existing rates in the contract for planned trimming work.

The initial term of the three-year contract has been completed and we are entering into the 1st of two allowable one year extension. The below hourly rates will now apply from July 1, 2024 through Ju
ne 30, 2025.

DESCRIPTION UNIT FY 24/25
Crew Rental (During Business Hours) Man Hour $120.75
Emergency Crew Rental (During Business Hours) Man Hour $168.00 Emergency Crew Rental (After Hours, Sunday, Holiday) Man Hour $194.25 In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal in accordance with annual average Consumer Price Index of the prior calendar year, All Urban Consumers, Los Angeles-Long Beach-Anaheim up to a maximum percentage of of five percent (5%).

We value our working relationship with The City of Aliso Viejo and look forward to our continued partnership. Thank you in advance for your attentiveness regarding this issue.

Sincerely,
Scott P. Griffith, President
ISA Certified Arborist #0901
Great Scott Tree Service, Inc.

Cell: (714) 514-4515
71 City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Scott C. Smith, City Attorney
SUBJECT: OVERVIEW AND IMPLEMENTATION OF SENATE BILL 553

REGARDING WORKPLACE SAFETY
Recommended Action:

Receive and file an informational memorandum summarizing Senate Bill 553 and the proactive measures City staff has taken to prepare for its implementation.

Summary:

In response to inquiries from the City Council concerning Senate Bill 553 (“SB 553”), the City Attorney’s Office has prepared the attached memorandum summarizing notable changes introduced by SB 553 regarding workplace violence prevention (Attachment 1).

The memorandum also provides an overview of measures undertaken by the City’s Human Resources Department to prepare for its phased implementation set to commence later this year.

Fiscal Impact:

None.

Background:

The California Governor signed SB 553 on September 30, 2023. According to SB 553’s author, the bill was enacted in direct response to the increasing occurrences of workplace violence throughout the state and seeks to bolster preventive measures against such incidents at the workplace.

Discussion:

The attached memorandum outlines significant changes mandated by SB 553 with the aim of providing the City Council a comprehensive understanding of its anticipated effect on City operations. Notable additions by SB 553 include a new mandate requiring all California employers, including the City, to establish and maintain an effective workplace 72

Page 2 of 2 ends

violence prevention plan. This plan must encompass, among other things, procedures for identifying and rectifying workplace violence hazards, reporting incidents, and conducting requisite training for employees in relation to workplace violence prevention plans. Other notable additions include a new training requirement for employees regarding this workplace violence prevention plan along with authorization for employers and collective bargaining representative of an employee to pursue temporary restraining orders on behalf of employees who are victims of workplace harassment.

In addition to addressing significant changes brought by SB 553, this memorandum outlines proactive measures taken by the City’s Human Resources Department, in collaboration with the City Attorney’s Office, to prepare for the phased implementation of SB 553 with certain provisions becoming effective on July 1, 2024, and others on January 1, 2025.

Attachment:

1. Memorandum Regarding SB 553 and its Implementation
73 18101 Von Karman Avenue. Suite 1000. Irvine, CA 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Mayor, City Council, City Manager, and City Clerk From: Best Best & Krieger
Date: April 25, 2024
Re: Implementation and Strategic Readiness for SB 553

BACKGROUND
Senate Bill 553 ("SB 553")introduced significant amendments to California's legal framework for workplace violence prevention. This legislation, effective on July 1, 2024, and January 1, 2025, expands existing protections and establishes new requirements in response to the rising incidence of workplace violence throughout California. This memorandum provides a detailed overview of existing law, outlines the changes brought about by SB 553, and explores measures the City is taking to prepare for its implementation.

ANALYSIS
I. Overview of Workplace Safety Laws Before and After SB 553 A. Employers Subject to SB 553
SB 553 covers all California employers, including any public agency, with the exception of:
1) Health care facilities, service categories, operations, or other employers covered by 8 CCR section 3342 of Cal/OSHA regulations (“Violence Prevention in Health Care”); 2) Law Enforcement Agencies in compliance with the Commission on Peace Officer Standards and Training (“POST”) Program;
3) Employees teleworking from a location of the employee’s choice, which is not under the control of the employer.; and
4) Places of employment with less than 10 employees if not accessible to the public.1

1 Lab. Code, § 6401.9(a)-(b).
74 - 2 - Best Best & Krieger LLP
B. Workplace Violence Prevention Plan
Existing law requires employers to establish and maintain an Injury and Illness Prevention Program addressing, among other things, the employer’s systems for identifying workplace hazards, correcting unsafe conditions, and ensuring compliance with safe work practices. 2 With the enactment of SB 553, employers must now include a Workplace Violence Prevention Plan (“WVPP”) as part of their existing Injury and Illness Prevention Programs in order to prevent and respond to workplace violence outbreaks on the rise. 3 Employers will have until July 1, 2024 to develop this WVPP.

C. Elements of Workplace Violence Prevention Plan
SB 553 adds Section 6401.9 to the Labor Code, which imposes a new obligation on employers to adopt and implement a compliant WVPP before July 1, 2024. The WVPP must include:
1) Names and job titles of all persons responsible for implementing the WVPP; 2) Effective procedures for employees to identify, evaluate, and correct workplace violence hazards;
3) Effective procedures for employees to respond to reports of workplace violence and procedures to prohibit retaliation of employees who make such a report; 4) Effective procedures to communicate with employees regarding a workplace violence matter, including how to report a violent incident, and how an employee’s concern of reprisal will be addressed;
5) Effective procedures for employees to respond to actual or potential workplace violence emergencies (i.e., how to alert employees of the presence, location and nature of the emergency, evacuation/sheltering plans, and how to obtain emergency help); 6) Effective procedures for developing and providing training on the employer’s WVPP; 7) Effective procedures to identify, evaluate and timely correct workplace violence hazards, including scheduled periodic inspections to identify unsafe conditions, unsafe work practices, and employee concerns;
8) Effective procedures for post-workplace violence incident response and investigation; and 9) Effective procedures to review the effectiveness of the WVPP and revise the plan as needed.

2 Lab. Code, § 6401.7(a).
3 Lab. Code, § 6401.7(a)(7).
75 - 3 - Best Best & Krieger LLP
Each WVPP must be specific to the hazards and corrective measures for the employer’s operations.4 Employers must also review and update their WVPP yearly and each time a deficiency in their WVPP is observed or becomes apparent, and after a workplace violence incident.5 D. Workplace Violence Training
Effective July 1, 2024, SB 553 imposes a new training mandate that will require employers to provide training to employees regarding the WVPP.6 Training must occur at the establishment of the initial WVPP and annually thereafter on the following topics:
1) The employer’s WVPP, how to obtain a copy of the WVPP, and how to participate in development and implementation of the WVPP;
2) The definitions and requirements of Section 6401.9 of the Labor Code; 3) How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal;
4) Workplace violence hazards specific to the employees’ jobs, the corrective measures implemented by the employer, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm;
5) The violent incident logs required by Section 6401.9(d) of the Labor Code and how to obtain copies of records of workplace violence hazard identification, evaluation, and correction, training records, and violence incident logs; and 6) An opportunity for questions and answers with a person knowledgeable about the employer’s WVPP.7

1. Sexual Harassment Prevention Training for City Officials SB 553’s WVPP training requirements augment the sexual harassment prevention training currently mandated for supervisors and officials of public agencies under AB 1825 (2004) and AB 1661 (2016). While the existing trainings primarily address sexual harassment in the workplace, SB 553 focuses more specifically on training employees, as opposed to elected officials, regarding the implementation of the WVPP and the reporting of workplace violence incidents or related concerns.

E. Recordkeeping Requirements
This new legislation also includes recordkeeping requirements for the WVPP. Beginning July 1, 2024, for every workplace violence incident, a workplace violence “incident log” must be maintained and include specific information such as:

4 Lab. Code, § 6401.9(c)(1).
5 Lab. Code, § 6401.9(c)(2)(L).
6 Lab. Code, § 6401.9(e).
7 Id.
76 - 4 - Best Best & Krieger LLP
1) The date, time, and location of the incident;
2) A detailed description of the incident;
3) A classification of who committed the violence;
4) A classification of the circumstances at the time of the incident, including whether the employee was completing usual job duties;
5) A classification of the location of the violence incident; 6) The type of incident, including whether it involved physical, verbal, sexual, or animal attacks;
7) Consequences of the incident, such as medical treatment needed and whether security or law enforcement was contacted; and
8) Contact information for the individual completing the violent incident log. 8 Violent incident logs, records of workplace violence incident investigations, and records of workplace violence hazard identification, evaluation, and correction must be created and maintained for a minimum of five years. 9 Relatedly, training records must be maintained for a minimum of one year. 10 Employers are also responsible for reviewing incident logs during the periodic reviews of the WVPP mandated under Labor Code Section 6501.9(c)(2)(L). 11 Notably, employers must make records of workplace violence hazard identification, evaluation, and correction, training records, and violent incident logs available to employees and their representatives upon request and without cost for examination and copying within fifteen calendar days of a request.12
F. Temporary Restraining Order Provisions
Existing law authorizes any employer whose employee has suffered from unlawful violence or a credible threat of violence to seek a temporary restraining order (“TRO”) and an order after a hearing.13 These orders are intended to protect not only the directly affected employee but also other employees at the workplace.

Effective January 1, 2025, SB 553 expands this opportunity to enable employers and the collective bargaining representative of an employee to seek a TRO for unlawful violence or a credible threat of violence and now harassment.14 This section defines harassment as a knowing and willful course of conduct that seriously alarms, annoys, or harasses the person, serves no legitimate purpose,

8 Lab. Code, § 6401.9(d)(2).
9 Lab. Code, § 6401.9(f)(1); (3).
10 Lab. Code, § 6401.9(f)(2).
11 Lab. Code, § 6401.9(d)(1)(B).
12 Lab. Code, § 6401.9(f)(6).
13 Code of Civil Proc., § 527.8.
14 Code of Civil Proc., § 527.8(a).
77 - 5 - Best Best & Krieger LLP
would cause a reasonable person to suffer substantial emotional distress, and where the victim actually suffers such distress.15
Additionally, SB 553 clarifies that before filing a petition for a TRO, the employer or collective bargaining representative must provide the employee an opportunity to decline to be named in the TRO.16 However, an employee’s request not to be named would not preclude employers or collective bargaining representatives from seeking a TRO on behalf of the employee or others.17 II. Measures Taken by City to Begin Implementation of SB 553 The City has initiated several proactive measures in anticipation of the implementation of SB 553 despite its forthcoming effective dates later this year and January 1, 2025. There has been ongoing dialogue between the City’s Human Resources Department and the City Attorney's Office concerning preparations to implement SB 553 in July 2024. Human Resources Analyst Patricia Cantonwine has completed all training on SB 553 to understand the requirements and implications of the new law. Additionally, the Human Resources Department is actively implementing means to extend SB 553 training options to all City personnel as required.

The Human Resources Department is actively collaborating with the City Attorney's office to begin preparing the WVPP required by SB 553. Moreover, with resources available through the California Joint Powers Insurance Authority (“CJPIA”), the City is actively seeking guidance and support to bolster its SB 553 preparations. The Human Resources Department has also initiated contact with CJPIA for resources and assistance in implementing these requirements.

CONCLUSION
As SB 553 takes effect later this year and on January 1, 2025, we believe the City is well-positioned to adapt to these forthcoming changes. For any specific questions regarding SB 553 or the City's preparations for implementation, please feel welcome reach out to us for further assistance.

SCOTT C. SMITH

ALISON ALPERT

ANDREW FAUSTO

15 Code of Civil Proc., § 527.8(b)(4).
16 Code of Civil Proc., § 527.8(e).
17 Id.
78 City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Rose Rivera, Senior Planner
So Kim, Community Development Director
SUBJECT: ADOPTION OF THE FISCAL YEAR (FY) 2024-2025 ANNUAL ACTION

PLAN FOR EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) FUNDS
Recommended Actions:

1. Declare the City Council finds the FY 2024-2025 Annual Action Plan is not subject to the California Environmental Quality Act (“CEQA”) as the activity is not a project defined in Section 15378(b)(5) of the state CEQA Guidelines;

2. Approve and adopt the FY 2024-2025 Annual Action Plan (“Action Plan”) for the use of Community Development Block Grant (“CDBG”) funds (Attachment 1); and

Fiscal Impact:

HUD has not published Fiscal Year (FY) 2024-25 CDBG allocations; however, the City of Aliso Viejo anticipates receiving $253,000 in CDBG funds for FY 2024-25. Of the projected $253,000 CDBG allocation, $27,500 is allocated for CDBG consultant services, and $23,100 is allocated for City administration, for a total of $50,600. The City’s allocation for administration will be utilized to reimburse Staff and consultant time spent implementing CDBG services. Additionally, $37,795 is proposed for public services and the remaining balance of $164,605 is proposed for construction-related Americans with Disabilities Act (ADA) improvements.

Background:

The 2023-2027 Consolidated Plan, as approved by the City Council on April 19, 2023, established a multi-year strategy for using CDBG funds in the community. CDBG funding 79

Page 2 of 4 ends

supports the development of viable urban communities by supporting projects and activities that create or enhance the availability of decent housing, suitable living environments, and expansion of economic opportunities, principally for low- and moderate-income persons. The Annual Action Plan identifies specific projects and activities to be funded through CDBG for each year of the Consolidated Plan. The 2024- 2025 Annual Action Plan is an expenditure plan using the upcoming year’s CDBG allocation for activities outlined in the Consolidated Plan.

Discussion:

In March 2023, the White House proposed a three percent reduction to the 2024 CDBG program budget; however, due to the delay in approving the 2024 federal budget, HUD has not published actual FY 2024-25 CDBG allocations to date. HUD allows the City to estimate FY 2024-25 allocations for planning purposes; therefore, the City anticipates receiving $253,000 in CDBG funds.

FY 2024-2025 Annual Action Plan
The FY 2024-2025 Annual Action Plan proposes to use CDBG funding toward three priorities: public facilities and improvements, public services, and program administration.

The Action Plan identifies the following activities for funding:
 Public Facilities and Improvements: $164,605: For FY 2023-24, $318,288 was originally allocated for the installation of sidewalk curb ramps that comply with current ADA regulations. During the year, the City had the opportunity to exercise its first right of refusal option to purchase a low-income housing unit. In November 2023, the City Council approved a substantial amendment to the FY 2023-2024 Annual Action Plan to reallocate $245,000 in CDBG funds allocated for ADA sidewalk curb ramps to support the acquisition and rehabilitation of the housing unit. This left a balance of $73,288 for the sidewalk curb ramps. The FY 2024-2025 Annual Action Plan will allocate an additional $164,605 in CDBG funds for the ADA curb ramp project, totaling $237,893.
 Public Services: HUD regulations allow up to 15 percent of the City’s annual CDBG allocation for public services, i.e., public social services, provided most program beneficiaries are low and moderate-income households. It is anticipated that $37,795 will be available in FY 2024-25 for this purpose. Public service grants are only awarded to eligible organizations that apply for the funds. Staff received a total of four applications, all of which were awarded 100% of the requested amount as shown below:
o Fair Housing Services: $3,500: Fair housing service costs can be reimbursed through CDBG funds as a public service. Services include fair housing outreach, education, and enforcement services to reduce and eliminate impediments to fair access to housing opportunities. The Fair 80

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Housing Foundation will provide services and proposes to assist 50 Aliso Viejo households with the CDBG funds.
o Case Management and Supportive Services: $7,500: In recent years, the City purchased three affordable housing. The City has leased these units to Family Assistance Ministries (“FAM”) for use as supportive housing for homeless families with children. FAM will use CDBG public service funds to provide case management and support services for the families residing in these affordable housing units. FAM proposes to assist ten individuals with the CDBG funds.
o Meals on Wheels: $6,795: Age Well Senior Services has requested CDBG funding to provide Meals on Wheels services to homebound Aliso Viejo seniors. Age Well will utilize CDBG funds to purchase raw food in support of its Aliso Viejo program operations. Age Well estimates that 50 Aliso Viejo seniors will benefit from the CDBG funds.
o Hunger and Homelessness Prevention: $20,000: South County Outreach (“SCO”) will provide rent and utility assistance to Aliso Viejo households impacted by a financial crisis that could result in an eviction or the termination of essential utility services (e.g., electricity, gas, telephone/ internet services). Households must provide evidence of the pending eviction/termination of services to receive assistance. Financial assistance is provided directly to the landlord or utility company on behalf of the household. In addition to financial assistance, program beneficiaries will receive case management and access to SCO’s food bank. SCO anticipates that 20 lower-income Aliso Viejo residents will benefit from the CDBG funds.
 Administration: $50,600 (capped at 20% of FY 2024-25 Grant): Administration costs related to implementing approved CDBG projects are an allowable reimbursable expense. The City’s allocation of administration funding will reimburse Staff costs associated with program oversight and coordination, direct program costs, CDBG program consulting services, and training. Unspent administration funds will be carried forward to the next fiscal year to support non- administration activities.

Since HUD has not announced FY 2024-25 CDBG allocations, the draft FY 2024-2025 Annual Action Plan indicates, and Staff recommends, funding for activities listed above will be increased or decreased by a uniform percentage based on the final FY 2024-25 CDBG grant.

Environmental:

The proposed action is not a project as defined by the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15378(b)(5). The action is an 81

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administrative activity of the City that involves a report to a federal agency on the potential use of CDBG funds. The report itself does not authorize any development or changes to land use; thus, the project would not result in any direct or indirect changes to the environment. Consequently, this action is not classified as a project under CEQA.

Public Notice:

Consistent with HUD and local requirements to provide a 30-day public review period, a 1/8-page public hearing notice was published in the Laguna Niguel News on March 28, 2024. The City’s draft Action Plan was posted on the City website and was available to the public at City Hall and the Aliso Viejo Public Library.

Attachments:

1. FY 2024-2025 CDBG Annual Action Plan

2. Presentation
82 CITY OF ALISO VIEJO
FY 2024-2025 CDBG ANNUAL ACTION PLAN
Draft March 26, 2024
CITY OF ALISO VIEJO | COMMUNITY DEVELOPMENT DEPARTMENT
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OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Contents
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ................................ ................................ ..... 1 PR-05 Lead & Responsible Agencies – 91.200(b) ................................ ................................ .................. 3 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................ ................................ ............... 4 AP-12 Participation – 91.105, 91.200(c) ................................ ................................ ............................. 11 Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2) ................................ ................................ ....................... 12 Annual Goals and Objectives
AP-20 Annual Goals and Objectives ................................ ................................ ................................ ... 15 AP-35 Projects – 91.220(d)................................ ................................ ................................ ................. 17 AP-38 Project Summary ................................ ................................ ................................ ..................... 18 AP-50 Geographic Distribution – 91.220(f) ................................ ................................ ......................... 22 Affordable Housing
AP-55 Affordable Housing – 91.220(g) ................................ ................................ ............................... 23 AP-60 Public Housing – 91.220(h) ................................ ................................ ................................ ...... 24 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ................................ ......................... 25 AP-75 Barriers to affordable housing – 91.220(j) ................................ ................................ ................ 27 AP-85 Other Actions – 91.220(k) ................................ ................................ ................................ ........ 29 Program Specific Requirements ................................ ................................ ................................ ............. 31 Attachments
Attachment 1: Summary of Past Performance
Attachment 2: Public Notice and Summary of Public Comments Attachment 3: List of CDBG Eligible Census Tract/Block Groups Attachment 4: Analysis of Impediments to Fair Housing Plan (Excerpt) Appendices
Certifications and SF-424
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OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The 2024-2025 Annual Action Plan for the City of Aliso Viejo satisfies the requirements to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low- and moderate-income.

Regulations governing the CDBG program require that each activity undertaken with CDBG funds must meet one of the three national objectives:
• Benefit low- and moderate-income persons,
• Aid in the prevention or elimination of slums and blight or • Meet a community development need having a particular urgency (i.e., federally declared disaster)
As a recipient of CDBG funds, the City must prepare a five-year strategic plan that identifies housing and community needs, prioritizes these needs, and develops a strategic plan to address priority needs. This document is called the Consolidated Plan. The City’s current Consolidated Plan covers the fiscal years of 2023-2024 to 2027-2028. On an annual basis, the City prepares an expenditure plan that identifies the specific activities it will undertake with its annual CDBG allocation to meet the priority needs identified in the Consolidated Plan. Fiscal Year 2024-2025 (FY 24-25) is the first year of the current Consolidated Plan cycle.

HUD has not yet notified the City how much it will receive in FY 24-25. For planning purposes, the City anticipates receiving $253,000 in CDBG funding for FY 24-25.

2. Summarize the objectives and outcomes identified in the Plan The City’s Consolidated Plan identifies activities to be carried out with CDBG funding over five years and identifies five-year goals and outcomes. A summary of these goals and outcomes is listed below:
▪ Public Infrastructure and Facility Improvements: Approximately 5,000 City residents may benefit from installing or rehabilitating CDBG-funded public infrastructure improvements. ▪ Housing Preservation: An estimated ten owner-occupied and one rental unit may be rehabilitated with CDBG-funded program resources.
▪ Homelessness Prevention (including homeless assistance): An estimated 1,350 individuals assisted with case management, food, rent/utility assistance, and housing. ▪ Public Services: 450 individuals assisted with safety net services. ▪ Program Administration: The City will provide resources to ensure oversight and coordination of the CDBG program.

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3. Evaluation of past performance
Fiscal Year 2023-2024 is the first year of the City’s current Consolidated Plan cycle and is not complete.

Attachment 1 will summarize the Consolidated Plan’s accomplishments during the five years of the current Consolidated Plan cycle.

4. Summary of Citizen Participation Process and consultation process Consistent with the City’s Citizen Participation Plan, residents, local and regional organizations, and other stakeholders were encouraged to participate in preparing the City’s 2024-2025 Annual Action Plan. The City implemented the following measures to obtain public input:
• A 2024-2025 Action Plan draft was available for a 30-day public comment period from April 1 to April 30, 2024.
• The City Council adopted the Annual Action Plan after considering public comments received during a May 1, 2024, hearing.

5. Summary of public comments
See Attachment 2.

6. Summary of comments or views not accepted and the reasons for not accepting them See Attachment 2.

7. Summary
The Consolidated Plan is a strategic plan that utilizes data and public input to determine priority housing and community needs. The Action Plan is a component of the Consolidated Plan that acts as the annual expenditure plan for using CDBG funds to address identified priority needs. To address priority needs, Aliso Viejo will utilize $253,000 in CDBG funds during FY 24-25 to carry out several CDBG-eligible activities, including public services, public facility improvements, and program administration.

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1. Agency/entity responsible for preparing/administering the Consolidated Plan Table 1 – Responsible Agencies
Agency Role Name Department/Agency
City of Aliso Viejo City of Aliso Viejo Planning Services

Narrative (optional)
The City’s Planning Services Department is primarily responsible for preparing the Consolidated Plan, Annual Action Plan, performance reports, and the general administration of CDBG funds.

Consolidated Plan Public Contact Information
Ms. Rose Rivera, Senior Planner
Phone: (949) 425-2528 / [email protected]
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1. Introduction
The consolidated planning process (i.e., the Annual Action Plan process) requires that the City contact and consult with other public and private agencies when developing the plan. The plan must include a summary of the consultation process, including identifying the agencies that participated in the process.

Below is a summary of the City’s efforts to coordinate interaction with other public and private agencies.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Aliso Viejo works closely with the County of Orange Housing Authority (OCHA), which assists renter households with HUD-funded housing assistance vouchers and certificates. As housing development opportunities evolve, City staff collaborates with developers to explore opportunities to construct affordable housing for lower-income residents. It is important to note that Aliso Viejo is a master-planned community and is built out. Limited opportunities exist to develop new housing units; however, the City encourages the development of affordable housing opportunities when possible.

There is no plan to develop additional affordable housing units during FY 2024-2025.

Additionally, through the annual City-funded Community Assistance grants allocation process, City staff can ascertain the services Aliso Viejo residents need (e.g., senior and youth services) and develop partnerships with local agencies to deliver quality services.

Describe coordination with the Continuum of Care and efforts to address homeless persons' needs (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Orange County Continuum of Care (OC-CoC) is the regional coordinator of the homeless housing and support services delivery system. The OC-CoC is responsible for conducting the biennial Point In Time Survey of the county’s homeless population. The 2022 PITS is the most current homeless count; it identified 13 unsheltered and four sheltered homeless individuals in the City.

The City will continue its relationships with local service providers to address the needs of its homeless and residents at risk of becoming homeless. The City will also continue to support OC-CoC efforts to address regional homeless issues. During FY 24-25, the City will allocate CDBG funds to support housing and services for homeless families. Additionally, the City may allocate General Funds or state funds to a regional homeless service provider to address the needs of special needs populations.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate DRAFT
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5 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Aliso Viejo does not receive Emergency Solutions Grant (ESG) funds; therefore, it does not help the OC- CoC determine ESG allocations, evaluate grant outcomes, or develop policies and procedures for the regional administration of the Homeless Management Information System (HMIS).

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities (see Table 2)
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6 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fair Housing Foundation
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by
Consultation?
Impediments to Fair Housing Strategy
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
The agency provided data and information that helped identify the needs of households requiring fair housing services and provided input regarding the City's strategy to address impediments to fair housing
2 Agency/Group/Organization 211 Orange County
Agency/Group/Organization Type Services-homeless
Regional organization
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homeless Management Information System (HMIS)
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Regional Continuum of Care coordinator and HMIS administrator – also provided information regarding regional and City homeless populations and shelter resources 3 Agency/Group/Organization Orange County Housing Authority Agency/Group/Organization Type Public Housing Authority DRAFT
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7 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided information regarding the number and type of households receiving rental assistance and the number of households requesting housing assistance 4 Agency/Group/Organization City of Aliso Viejo
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Economic Development
Market Analysis
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Various City departments and City Council provided community-based data and information - also played a crucial role in identifying priorities and the allocation of CDBG funds
5 Agency/Group/Organization Family Assistance Ministries Agency/Group/Organization Type Services-Homeless
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Families with children
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Helped identify the housing and service needs of persons at risk of becoming homeless and those already homeless
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8 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 6 Agency/Group/Organization Laura's House
Agency/Group/Organization Type Services-Victims of Domestic Violence What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
The agency helped identify the needs of victims of domestic violence 7 Agency/Group/Organization Age Well Senior Services
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
The agency helped identify the needs of senior and frail elderly persons and households
8 Agency/Group/Organization South County Outreach
Agency/Group/Organization Type Services-Homeless
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Families with children
Anti-poverty Strategy
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Helped identify the housing and service needs of persons at risk of becoming homeless and those already homeless
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Identify any Agency Types not consulted and provide rationale for not consulting The City had an open consultation process; no agency was prevented from participating.

Local government consultation with broadband internet service providers engaged in narrowing the digital divide: The City of Aliso Viejo consulted with BroadbandNow, a web-based organization dedicated to providing information regarding internet service. BroadbandNow’s mission is to help ensure broadband internet is available to all Americans. To this end, the organization created a database of internet providers and the availability and cost of services. BroadbandNow reports that as of January 2024, 100% of Aliso Viejo residents have access to residential broadband service.

AT&T Internet and Cox Communications are Aliso Viejo's most widely available wired broadband options. For lower-income residents, the cost of internet service can be cost-prohibitive. AT&T’s Access program offers internet connections for qualified low-income customers for $5 to $10 per month. All installation and equipment fees are waived for eligible households, that is, a home where at least one person receives food stamps. Cox Communication’s Connect2Compete program provides internet service for $9.95 per month. Families are eligible if at least one kindergarten through 12th-grade child qualifies for the reduced-price school lunch program.

The Federal Communications Commission implemented the Emergency Broadband Benefit program to help households struggling to afford internet service during the COVID-19 pandemic. This program provides a discount of up to $50 per month towards broadband service for eligible households. Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet.

Consultation with agencies primarily responsibilities for the management of flood-prone areas, public land or water resources, and emergency management agencies: The City’s current General Plan includes a Safety Element, which contains an assessment of specific hazards, including:
• Seismically induced conditions, including ground shaking, surface rupture, ground failure, and tsunami • Slope instability leading to mudslides and landslides • Subsidence (e.g., sinkholes) and other geologic hazards • Flooding
• Wildland and urban fires
• Evacuation routes, water supply requirements, and design standards for new development related to fire, seismic, and geologic hazards DRAFT
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10 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 The LHMP will evaluate natural and human-induced environmental hazards such as wildland fire, seismic activity, geology, and flooding. The LHMP will also examine how climate change may affect these and other hazards that may threaten the community. Staff anticipates that the City Council will adopt the LHMP in March 2025.

Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Orange County 211 Helped the City analyze the needs of Aliso Viejo's homeless. Includes regional 2019 Point-In-Time Survey and 10-Year Plan to End Homelessness City of Aliso Viejo Housing
Element
City of Aliso Viejo Provided housing priorities and program goals City of Aliso Viejo 5 Year
Strategic Plan
City of Aliso Viejo Multi-year capital improvement plan helped identify priority capital projects that may be CDBG-eligible
5-Yr. & 1-Yr. PHA Plan Orange County Housing
Authority
Identified OCHA resources to address the housing needs of lower-income renter householders in the City
Orange County Analysis of
Impediments to Fair Housing
Orange County and
Orange County cities
Countywide document identifies impediments to fair housing within participating cities and outlines a plan to address impediments City of Aliso Viejo Safety
Element
City of Aliso Viejo Addresses natural conditions and human activities that can potentially threaten public health and safety

Narrative (optional)
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1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

The City implemented the following efforts to obtain public input during the preparation of the Action Plan:

Notices/Website: The City published notices in a local newspaper of general circulation (Laguna Niguel News). The City also posted the draft Action Plan on its website for public review and comment. A copy for public review was also available at City Hall and the library during the required 30-day public comment period (see Attachment 2).

Public Hearings: Consistent with HUD’s regulations, the City Council held a public hearing at a regularly noticed and scheduled meeting (May 1, 2024) to obtain public input regarding the draft Annual Action Plan and authorize staff to submit the document to HUD. Attachment 2 includes a summary of public comments.

Citizen Participation Outreach
Table 4 – Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Newspaper Ad Non-
targeted/broad
community
30-day public
comment period and
public hearing notice
See Attachment 2 TBD Not
Applicable
2 Public Hearing Non-
targeted/broad
community
5/1/24: Public
hearing to approve
the 2024-2025 Action
Plan and to authorize
submission of the
Action Plan to HUD
See Attachment 2 TBD Not
Applicable

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AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
HUD has not yet notified the City how much it will receive in FY 24-25. For planning purposes, the City anticipates receiving $253,000 in CDBG funding for FY 24-25.

In addition to CDBG funding, housing voucher/certificate resources (via OCHA) and state Permanent Local Housing Allocation (PLHA) will be available to carry out activities that support the goals of the City’s Consolidated Plan. Past housing development activity generated significant In- lieu Affordable Housing Fee resources; however, this resource has been exhausted.

Anticipated Resources
Table 5 - Expected Resources – Priority Table
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 2 Expected Amount
Available
Remainder of
ConPlan $
Narrative Description
Annual
Allocation: $
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG public
-
federal
Acquisition
Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services $253,000 $0 $0 $253,000 $750,000
Annual CDBG
allocation

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13 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City has identified other resources that will be available to carry out activities that address the goals of the Consolidated Plan:
• OCHA reports that as of January 2024, 146 Aliso Viejo households received rental assistance. The City anticipates that a similar number of households will be assisted during FY 24-25.
• The City will consider using General Funds or State PLHA funds to support housing and support services for special needs populations such as victims of domestic violence.
• Prior condominium conversions and new housing development activities have generated affordable housing resources. These activities generated approximately $2.5 million in Affordable Housing In-lieu fees. These funds have been used to develop affordable housing or preserve existing housing affordability. The City currently does not have any In-lieu fees.

CDBG does not require matching funds.

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14 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Aliso Viejo is a built-out city with limited remaining vacant land designated for development. The City’s Housing Element identifies vacant and underutilized sites suitable for housing development. The City’s Housing Element identifies eight sites with the zoning to permit up to 1,920 units – 54% of units could be designated for very low and low-income households.

Discussion
The City anticipates receiving $253,000 in CDBG funds from HUD for FY 24-25. The City will continue to support OCHA’s efforts to secure new rental assistance resources. The City will also continue to support social service programs serving City residents with PLHA funds. As outlined above, an inventory of vacant and underutilized land suitable for housing development has been prepared, but no projects are slated for construction during FY 24-25.

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AP-20 Annual Goals and Objectives
Goals Summary Information
Table 6 – Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Infrastructure
and Facility
Improvements
2024 2025 Non-Housing
Community
Development
CDBG census
tracts
Citywide
Public
Improvements
CDBG:
$164,605
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 5,000 Persons Assisted *
2 Homeless
Continuum of
Care
2024 2025 Homeless Citywide Homeless
Support
Services and
Housing
CDBG:
$27,500
Homeless Person Overnight
Shelter:
10 Persons Assisted

Homelessness Prevention:
20 Persons Assisted
3 Public Social
Services
2024 2025 Non-Homeless
Special Needs
Citywide Public Services CDBG:
$10,925
Public service activities other
than Low/Moderate Income
Housing Benefit:
100 Persons Assisted
4 Program
Administration
2024 2025 Administration Citywide Administration
and Planning
CDBG:
$50,600
Other:
1 Other
* Year 2 of funding for ADA Ramp Project. “Persons Assisted” represents the same goal as Year 1 funding.

Goal Descriptions
Table 7 – Goal Descriptions
1 Goal Name Infrastructure and Facility Improvements
Goal
Description
Provide or improve public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents
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Goal
Description
Provide a continuum of housing and supportive services for the homeless and the near-homeless 3 Goal Name Public Social Services
Goal
Description
Provide a safety net of public social services for low- and moderate-income persons and persons with special needs 4 Goal Name Program Administration
Goal
Description
Provide for administration and planning activities to carry out actions that address needs identified in the Consolidated, including services to address impediments to fair housing

Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)
The City is not a participating jurisdiction in the HOME program.

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AP-35 Projects – 91.220(d)
Introduction
The following activities have been allocated CDBG funds for Fiscal Year 24-25. Due to the delay in approving the federal 2024 budget, the City Council approved the FY 24-25 Action Plan with a provision that CDBG funding for activities will be increased or decreased by a percentage based on the final FY 24- 25 CDBG grant.

Projects
Table 8 - Project Information
# Project Name
1 ADA Sidewalk Curb Ramps (Yr. 2)
2 Age Well
3 Fair Housing
4 Family Assistance Ministries
5 South County Outreach
6 CDBG Administration

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City recognizes that special needs populations (i.e., seniors, disabled, and households with extremely low-income) are more likely to become homeless because they have limited income or other issues that require supportive housing or services; therefore, the City considers supportive services a high priority.

The City anticipates that the greatest obstacle to meeting the underserved needs of these special needs populations will be a lack of financial resources for both supportive services and housing. A common need reported by service providers is affordable housing. Increasing rents and reductions to the Housing Choice Voucher Program and other housing programs can impact the City's ability to support affordable housing opportunities for extremely low- and very low-income households.

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Project Summary Information
Table 9 – Project Summary
1 Project Name ADA Sidewalk Curb Ramps (Yr. 2)
Target Area Citywide
Goals Supported Public Improvements and Public Facilities Needs Addressed Non-Housing Community Development
Funding CDBG: $164,605
Description Installation of sidewalk curb ramps that comply with current ADA regulations Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
According to HUD data, 1,146 individuals with a disability reside in the project areas – per U.S. Census Bureau, 5,76 individuals with ambulatory difficulty reside in the project areas Location Description Census Tracts 626.33, 626.67, 626.38, and 626.39 Planned Activities Second year of funding to support the installation of sidewalk curb ramps and domes to comply with current ADA regulations in 17 locations
2 Project Name Age Well Senior Services
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $6,795
Description Services for seniors
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2024-2025 Annual Action Plan

19 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
50 seniors
Location Description Citywide
Planned Activities Meals on Wheels for homebound seniors 3 Project Name Fair Housing Foundation
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $3,500
Description Fair housing services
Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
136 Individuals (50 households)
Location Description Citywide
Planned Activities Fair housing outreach, education, enforcement services, and enhanced mediation services due to the lifting of the eviction moratorium
4 Project Name Family Assistance Ministries
Target Area Citywide
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
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2024-2025 Annual Action Plan

20 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Funding CDBG: $7,500
Description Transitional housing and support services
Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
10 individuals
Location Description Citywide
Planned Activities Case management and support services for families with children residing in transitional housing 5 Project Name South County Outreach
Target Area Citywide
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
Funding CDBG: $20,000
Description Homelessness prevention assistance
Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
20 low- and moderate-income persons
Location Description 7 Whatney St. B, Irvine, CA
Planned Activities Case management and direct client aide (emergency rent and utility assistance to prevent eviction or termination of utility services)
6 Project Name CDBG Program Administration
Target Area Citywide
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2024-2025 Annual Action Plan

21 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Goals Supported Program Administration
Needs Addressed Administration
Funding CDBG: $50,600
Description CDBG program oversight and coordination
Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
Not applicable
Location Description City Hall: 12 Journey, Suite 100, Aliso Viejo, CA Planned Activities CDBG program administration, including preparation of required applications and reports

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2024-2025 Annual Action Plan

22 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed For FY 24-25, CDBG funds will support citywide activities for income-eligible or eligible households due to a unique characteristic (e.g., seniors) regardless of where they live in Aliso Viejo. No “area-wide” activities are planned. There are specific areas of the City (i.e., Block Groups) where a significant percentage of residents meet HUD’s program income limits. A list of the City’s CDBG Target Areas is provided in Attachment 3 CDBG Eligible Census Tract Block Groups).

Geographic Distribution
Table 10 - Geographic Distribution
Target Area Percentage of Funds
CDBG census tracts 0
Citywide 100

Rationale for the priorities for allocating investments geographically The City’s primary intent is to serve lower-income households regardless of where they live in the City; therefore, CDBG funding is primarily distributed on a citywide basis.

Discussion
As indicated above, CDBG funds will be allocated to citywide programs serving eligible Aliso Viejo residents.

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2024-2025 Annual Action Plan

23 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
For FY 24-25, the City will not utilize CDBG resources to fund housing activities; this may change in future years as the City develops its CDBG-funded housing program throughout the Consolidated Plan cycle.

Table 11 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0

Table 12 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0

Discussion
For FY 24-25, the City will not use CDBG funds for housing activities; however, it will continue to support local service providers with CDBG and state funds for homelessness prevention, transitional housing, and supportive services. The City will also continue to support OCHA’s implementation of the federal rental assistance voucher and certificate program. An estimated 146 Aliso Viejo households will benefit from this program in FY 24-25.

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2024-2025 Annual Action Plan 24
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 AP-60 Public Housing – 91.220(h)
Introduction
The City does not own or manage public housing.

Actions planned during the next year to address the needs to public housing Not applicable.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.

Discussion
The City does not own or manage public housing.

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2024-2025 Annual Action Plan 25
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
As the Consolidated Plan outlines, the City’s homeless strategy emphasizes preventing homelessness.

HUD’s Strategies for Preventing Homelessness states, “Homelessness prevention is an essential element of any effort to end homelessness either locally or nationwide.” This HUD report also indicates it is less expensive and disruptive to keep a household housed in place. Accordingly, during FY 24-25, the City will utilize CDBG and state PLHA funds to support safety net services for lower-income households. These services include food banks, counseling, rent/utility assistance, and supportive services. These safety net programs will help households maintain their current housing situation and prevent homelessness.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City supports several regional service providers that assist Aliso Viejo residents at risk of becoming homeless and who are homeless. These agencies have established outreach programs that engage the homeless and assess their housing and service needs. Local service providers are tied into the regional Coordinated Entry System established by the OC-CoC, which considers the vulnerability of homeless individuals and prioritizes access to housing and services for those most at risk. This need-assessment system is designed to “facilitate exits from homelessness to stable housing in the most rapid manner given available resources.”
The Orange County Sheriff’s Department Homeless Liaison Officer is also essential to the City’s homeless strategy. The Liaison Officer partners with City staff and local service providers to link homeless families and individuals to housing and needed supportive services.

Addressing the emergency shelter and transitional housing needs of homeless persons As the Consolidated Plan indicates, no emergency shelters are located in the City; however, the City supports several homeless shelter providers operating in neighboring communities. In recent years, the City has purchased three condominiums, which are leased to Family Assistance Ministries (FAM) to provide transitional housing for families with children. In FY 24-25, the City will allocate CDBG funds to FAM to provide case management and supportive services to transitional housing residents.

As previously discussed, the City may utilize General Funds or State PLHA funds to support Laura’s House, which provides support housing and services for victims of domestic violence. FAM offers a continuum of housing, including emergency and transitional housing for families with children.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to DRAFT
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2024-2025 Annual Action Plan 26
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Pursuant to current HUD directives, the OC-CoC has established a coordinated entry system whereby a homeless individual or family seeking shelter and services is directed to a streamlined system that facilitates access to appropriate housing and services. The system screens applicants for eligibility for services, such as homelessness prevention, emergency shelter, rapid rehousing, permanent supportive housing, and other interventions. The needs and strengths of each household are assessed to determine which interventions will be most effective and appropriate while prioritizing people for assistance based on the severity of their needs. Homeless service providers currently supported by the City will be critical players in housing and servicing the City’s homeless population via the coordinated entry system.

For FY 24-25, the City will allocate CDBG funds to South County Outreach, which will provide case management and supportive services to homeless or at-risk individuals and families. Support services include housing navigation assistance and budget management skills. These coordinated services aim to help individuals and families find affordable housing and maintain a household budget prioritizing housing security.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

As previously stated, the City homeless strategy is based on the proposition that it is less expensive and disruptive for a household to remain housed in their existing home than to be rehoused. To this end, the City will use CDBG (and other public) resources to support agencies that provide various safety net services to help prevent households from becoming homeless. Examples of safety net services include food banks and rent/utility assistance programs such as those currently offered to Aliso Viejo residents by FAM and South County Outreach. A portion of CDBG funds allocated to South County Outreach will provide rent and utility assistance to households at risk of eviction.

Discussion
The City’s homeless strategy is to prevent homelessness and to support local service providers’ efforts to assist regional and local homeless populations. For FY 24-25, CDBG and state PLHA fund resources will be utilized for homeless services. Services to be funded include homelessness prevention, case management, and supportive services.

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2024-2025 Annual Action Plan 27
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Barriers to affordable housing and actions to overcome barriers are listed in the City’s Housing Element and have been summarized in the Consolidated Plan.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The Housing Element outlines several actions the City will take to alleviate some of the negative impacts on affordable housing development.
• The City’s Zoning Code contains regulations and procedures for approval of a density bonus and additional incentives for affordable or senior housing. • The Zoning Code includes regulations and procedures for approving accessory residential units (ADUs) and junior accessory dwelling units consistent with current State law. • The City will consider modifying parking and landscape requirements for qualified projects such as affordable or senior housing development.
• The City’s General Plan identified several Community Benefit Overlay (CBO) areas where alternative development standards could be used to maximize development. CBO areas are typically identified in the General Plan with intensive future use. • The General Plan requires that 15% of apartment units converted to condominiums be affordable to very low- and low-income households. The City also requires that displaced tenants receive relocation assistance. All affordable ownership units are subject to affordability covenants restricting the sale to a low-income or very-low-income buyer. • The City’s Zoning Ordinance requires reasonable accommodations for persons with disabilities.

For example, a waiver of setback requirements can be provided to ensure a paved path of travel can be provided to residents with mobility impairments. • The City adopted a Green Building Program that offers incentives, such as expedited processing or fee waivers, when project proponents agree to incorporate environmentally sensitive, sustainable, and energy-efficient construction techniques into their projects. • To help reduce costs associated with the development review process, the City is developing permit tracking software to streamline the development review process.

There is no local tax that may act as a barrier to affordable housing.

Discussion:

The City’s Housing Element outlines a comprehensive plan to address barriers to affordable housing - the Consolidated Plan mirrors this plan. While incentives are available to developers and property DRAFT
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2024-2025 Annual Action Plan 28
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 owners, no housing projects slated for construction during FY 24-25 will likely take advantage of these incentives.

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2024-2025 Annual Action Plan 29
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 AP-85 Other Actions – 91.220(k)
Introduction:

Below are the actions the City will implement during FY 24-25 to address the sub-strategies of the Consolidated Plan.

Actions planned to address obstacles to meeting underserved needs During FY 24-25, the City will encourage and support OCHA’s efforts to obtain additional rental assistance funding, especially for senior and low-income households. CDBG-funded public facility improvements to be undertaken during the year will provide barrier-free access to public facilities for individuals with disabilities and mobility limitations. Finally, public services will address the needs of seniors and lower-income households at risk of homelessness or who are homeless. Fair housing services will help ensure households have access to safe and decent housing that they desire and can afford, without regard to their race, color, religion, gender, sexual orientation, national origin, familial status, marital status, disability, ancestry, age, source of income, or other characteristics protected by laws.

Actions planned to foster and maintain affordable housing As previously outlined, the City will not utilize CDBG funds to support housing activities during FY 24-25; however, the City will continue to support OCHA’s administration of HUD’s voucher and certificate rental assistance program. Additionally, the City will monitor properties and housing units subject to covenants to preserve affordability.

Actions planned to reduce lead-based paint hazards
Most of the City’s housing stock was constructed after 1980; nonetheless, the City will continue to make information available to community residents regarding the health impacts of lead-based hazards, especially for young children.

Actions planned to reduce the number of poverty-level families As previously outlined, approximately 4.9% of the City’s population lives at or below the poverty level, including 4.7% of children under 18 and 10.1% of seniors (aged 65 and older). The City will support several activities that aim to reduce the number of households living in poverty:
• OCHA administers rental assistance programs for very low-income renters, including senior households.
• Social service programs that provide free or reduced-cost services to lower-income households will help to improve quality of life.
• Social service programs that assist households at risk of becoming homeless and those that are homeless.

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2024-2025 Annual Action Plan 30
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Actions planned to develop institutional structure
The City has developed an institutional structure that will help identify and access resources to improve the community. For example, the City will continue to work with nonprofit entities to deliver social services. The City will also continue to provide critical information on homeless resources to assist with the preparation of the County’s Continuum of Care Homeless Assistance grant applications to HUD.

Aliso Viejo will also provide essential information regarding mainstream funds the City will make available to serve the homeless and assist in identifying and prioritizing gaps and needs in the regional system of care.

Actions planned to enhance coordination between public and private housing and social service agencies
The City of Aliso Viejo does not operate public housing. OCHA provides rental assistance in the community. Federal legislation requires that the Housing Authority prepare five-year and one-year plans that highlight its mission, goals, and objectives related to public and assisted housing programs. The City will review the Authority’s plans and will provide OCHA the opportunity to review and consult with the City regarding its Consolidated Plan. This cross-consultation aims to provide consistent and coordinated housing services for City residents. Ongoing consultation with local nonprofits also assists the City in coordinating the efficient and effective use of limited federal resources.

Discussion:

HUD-funded grant recipients must affirmatively further fair housing and not discriminate in housing or services directly or indirectly based on race, color, religion, sex, national origin, age, familial status, or disability. Grant recipients such as Aliso Viejo are required to (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choices for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, national origin, and other personal or familial attributes; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the non-discrimination requirements of the Fair Housing Act. HUD encourages jurisdictions to consult with one another and initiate region-wide area fair housing planning. The Analysis of Impediments (AI) to Fair Housing Choice is the primary document for this purpose. In addition to identifying impediments, a strategy to overcome barriers must be developed and implemented - accomplishments are reported annually. The City participated in developing a county-wide AI, which the City Council adopted in May 2020. A summary of impediments to fair housing and the action steps the City will take during FY 24-25 to affirmatively further fair housing are found in Attachment 4.

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2024-2025 Annual Action Plan 31
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/26/24 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Each HUD program covered by the Consolidated Plan regulations must address certain program-specific requirements. Below are the requirements for the CDBG program as prescribed by the Annual Action Plan template.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
0 3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 0 5. The amount of income from float-funded activities 0 Total Program Income 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum
overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years
covered that include this Annual Action Plan.
100.00%
Discussion:

The City will meet the overall 70% benefit for the low- and moderate-income requirement of the CDBG program over one year – the 2024 Program Year.

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City of Aliso Viejo
Summary of Consolidated Plan Accomplishments
(FY 2023-2027)
ConPlan Goal Unit of Measure
Expected 5
Yr. ConPlan
Goal
5-Year
Actual
5-Year
Percent
Complete
Expected
FY 23-24
Program Year
Actual FY
23-24
Program Year
1 Yr. Percent
Complete
Public Social Services Persons
Assisted 450 NA 0.00% 110 NA 0.00%
Homeless Continuum of Care Households
Assisted 1,350 NA 0.00% 312 NA 0.00%
Program Administration Other 5 NA 0.00% 1 NA 0.00%
Infrastructure and Facility Improvements Persons
Assisted 5,000 NA 0.00% 0 NA 0.00%
Housing Preservation Persons
Assisted 11 NA 0.00% 0 NA 0.00%
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CITY OF ALISO VIEJO

NOTICE OF CITY COUNCIL

PUBLIC HEARING

AND PUBLIC REVIEW PERIOD
NOTICE IS HEREBY GIVEN that the City of Aliso Viejo is seeking public input regarding the Community Development Block Grant (CDBG) program Annual Action Plan for Fiscal Year (FY) 2024-2025. The CDBG program's primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities for persons of low- and moderate-income (i.e., those earning 80 percent or less of Orange County's median income). This funding is provided by the U.S.

Department of Housing and Urban Development (HUD). The scope of eligible activities established by HUD ranges from public works improvements to housing rehabilitation and social service programs.

FY 2024-2025 ANNUAL ACTION PLAN
The Consolidated Plan is a five -year strategic plan that identifies priority community needs and projects/programs that may be implemented with CDBG funds to meet these needs. The Annual Action Plan outlines the City 's proposed use of CDBG funds for twelve months to address the priority needs identified in the Consolidated Plan. HUD has not notified the City of its FY 2024 -2025 CDBG allocation; however, for planning purposes, the City estimates it will receive $253,000 in CDBG funds. Based on the estimated funds to be available, the following activities will be undertaken:

CDBG Revenue
Estimate FY 2024-2025 CDBG Fund $253,000
Prior Year CDBG Funds $0
Total: $253,000
Proposed Use of CDBG Funds
Public Services (15% maximum) $37,900
Capital Improvements $164,500
Program Administration (20% maximum) $50,600
Total: $253,000
Due to the delay in approving the federal 2024 budget, CDBG funding for activities described above will be increased or decreased based on the final FY 2024-2025 CDBG grant.

PUBLIC REVIEW
As part of the City's citizen participation process, a draft of the FY 2024-2025 Annual Action Plan will be available for public review on the City's website (http://www.avcity.org), Aliso Viejo City Hall, and the Aliso Viejo Library from April 1, 2024, to April 30, 2024. Written comments will be accepted through April 30, 2024, and may be submitted to the City Council prior to a scheduled public hearing to the attention of Mitzi Ortiz, MMC, City Clerk, City of Aliso Viejo, 12 Journey, Suite 100, Aliso Viejo, California 92656.

Please reference the hearing title and date of hearing in any correspondence. Additional public input will be received at a public hearing; the hearing details are provided below. All interested persons are invited to the public hearing to provide input on the programs/services proposed.

INVITATION TO BE HEARD
The Aliso Viejo City Council will conduct a public hearing to accept additional public comments regarding the FY 2024-2025 Annual Action Plan. The public hearing will be held on Wednesday, May 1, 2024, at 7:00 PM or as soon thereafter as possible. The hearing will be held at the City of Aliso Viejo City Hall Council Chambers, located at 12 Journey, Suite 150, Aliso Viejo, CA 92656.

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If you wish to challenge the above projects in court, the challenge will be limited only to those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or before the public hearing as described in this notice.

The agenda materials pertaining to this item will be available for public review at the City and on the City's website at www.avcity.org by approximately 5:30 PM on April 25, 2024. Please contact the Planning Division at (949) 425-2525 or [email protected] if you have any questions regarding the agenda materials.

It is the intention of the City of Aliso Viejo to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (949) 425-2505 at least 48 hours before the meeting to inform us of your particular needs. /s/ Mitzi Ortiz, MMC, City Clerk
1/8-page display ad published in the Laguna Niguel News March 28, 2024 Attachment 2
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SUMMARY OF PUBLIC COMMENTS

PUBLIC COMMENT PERIOD
TBD
PUBLIC HEARING (5/1/24)
TBD
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City of Aliso Viejo
List of CDBG Eligible Census Tract/Block Groups
(2023)
CDBG
Community
Census
Tract #
Block
Group #
Low/Mod
Residents
Low/Mod
Univers
%
Low/Mod
Aliso Viejo 042320 2 240 400 60.00%
Aliso Viejo 042320 3 580 1,065 54.46%
Aliso Viejo 062636 1 815 1,555 52.41%
Aliso Viejo 062640 2 835 1,630 51.23%
Aliso Viejo 062638 1 545 1,085 50.23%
Aliso Viejo 062640 1 1,005 2,155 46.64%
Aliso Viejo 042320 4 790 1,740 45.40%
Aliso Viejo 042320 1 1,080 2,405 44.91%
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ORANGE COUNTY ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE August 6, 2020

REGIONAL PROPOSED AI GOALS AND STRATEGIES
To address the contributing factors described above, the AI plan proposes the following goals and actions:

Regional Goals and Strategies”

Goal 1: Increase the supply of affordable housing in high opportunity areas 1 Strategies:

1. Explore the creation of a new countywide source of affordable housing.

2. Using best practices from other jurisdictions, explore policies and programs that increase the supply of affordable housing, such as linkage fees, housing bonds, inclusionary housing, public land set-aside, community land trusts, transit-oriented development, and expedited permitting and review.

3. Explore providing low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling units with affordability restrictions on their property.

4. Review existing zoning policies and explore zoning changes to facilitate the development of affordable housing.

5. Align zoning codes to conform to recent California affordable housing legislation.

Goal 2: Prevent displacement of low- and moderate-income residents with protected characteristics, including Hispanic residents, Vietnamese residents, other seniors, and people with disabilities Strategies:

1. Explore piloting a Right to Counsel Program to ensure legal representation for tenants in landlord-tenant proceedings, including those involving the application of new laws like A.B. 1482.

Goal 3: Increase community integration for persons with disabilities Strategies:

1. Conduct targeted outreach and provide tenant application assistance and support to persons with disabilities, including individuals transitioning from institutional settings and individuals who are at risk of institutionalization. As part of that assistance, maintain a database of housing that is accessible to persons with disabilities.

2. Consider adopting the accessibility standards adopted by the City of Los Angeles, which require at least 15 percent of all new units in city-supported Low-Income Housing Tax Credit (LIHTC) projects to be ADA-

1 The term “high opportunity areas” generally means locations where there are economic and social factors and amenities that provide a positive impact on a person’s life outcome. This is described in more detail in Section iii, Disparities in Access to Opportunity.

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accessible with at least 4 percent of total units to be accessible for persons with hearing and/or vision disabilities.

Goal 4: Ensure equal access to housing for persons with protected characteristics, who are disproportionately likely to be lower-income and to experience homelessness Strategies:

1. Reduce barriers to accessing rental housing by exploring eliminating application fees for voucher holders and encouraging landlords to follow HUD’s guidance on the use of criminal backgrounds in screening tenants.

2. Consider incorporating a fair housing equity analysis into the review of significant rezoning proposals and specific plans.

Goal 5: Expand access to opportunity for protected classes Strategies:

1. Explore the voluntary adoption of Small Area Fair Market Rents or exception payment standards in order to increase access to higher opportunity areas for Housing Choice Voucher holders.

2. Continue implementing a mobility counseling program that informs Housing Choice Voucher holders about their residential options in higher opportunity areas and provides holistic support to voucher holders seeking to move to higher opportunity areas.

3. Study and make recommendations to improve and expand Orange County’s public transportation to ensure that members of protected classes can access jobs in employment centers in Anaheim, Santa Ana, and Irvine.

4. Increase support for fair housing enforcement, education, and outreach.

CITY OF ALISO VIEJO PROPOSED AI GOALS AND STRATEGIES

1. In collaboration with the Orange County Housing Authority (OCHA):
a. Attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
b. Support OCHA's affirmative fair marketing plan and de-concentration policies by providing five-year and annual PHA plan certifications.
c. In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.

2. Through the City's fair housing contractor:
a. Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful. b. Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies. Methods of outreach may include workshops, informational booths, presentations to community groups, and the distribution of multi-lingual fair housing literature.

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Community Development
Block Grant (CDBG)
2024 – 2025 Annual Action Plan
City Council
May 1, 2024
123
2024 – 2025 CDBG Funding
• Anticipated allocation: $253,000
• Estimate only - delay in Federal budget approval
• HUD allows communities to plan the allocation of CDBG funds • CDBG allocation will be adjusted by a proportional percentage once HUD publishes CDBG allocations
124
2024 – 2025 Plan of Expenditures
• Public Facilities and Improvements: $164,605
• Sidewalk curb ramp improvements
• Additional $73,288 from previous year's allocation
• Administration: $50,600
• Reimbursable administrative expenses capped at 20%
• $27,000 allocated for CDBG consultant services
• $23,600 allocated for City staff administration
• Public Services: $37,795
• Up to 15 percent of the allocation can be used for public services • Beneficiaries must be low and moderate-income households • Four applicants awarded funding
125
2024 – 2025 Plan of Expenditures (continued)
• Fair Housing Services: $3,500
• Fair Housing Foundation ("FHF")
• Fair housing outreach, education, and enforcement services • Case Management and Supportive Services: $7,500
• Family Assistance Ministries (“FAM”)
• Case management and support services for the City-owned affordable housing units • Meals on Wheels: $6,795
• Age Well Senior Services
• Meals on Wheels services to homebound Aliso Viejo seniors • Hunger and Homelessness Prevention: $20,000
• South County Outreach (“SCO”)
• Rent and utility assistance to qualified Aliso Viejo households • Case management and access to SCO’s food bank
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Staff Recommendation to City Council:

1.Declare the City Council finds the FY 2024-2025 Annual Action Plan is not subject to the California Environmental Quality Act (“CEQA”) as the activity is not a project defined in Section 15378(b)(5) of the state CEQA Guidelines;

2.Approve and adopt the FY 2024-2025 Annual Action Plan (“Action Plan”) for the use of Community Development Block Grant (“CDBG”) funds; and

3.Authorize the City Manager to submit the Action Plan to the U.S.

Department of Housing and Urban Development (“HUD”), which executes the HUD contract and authorize the City Manage to submit all related documents with the implementation of the Action Plan.
127
City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDING FROM THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT FOR ELIGIBLE

HOUSING-RELATED PROJECTS AND PROGRAMS
Recommended Action:

Adopt a resolution authorizing the application submittal for the Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development (HCD) for housing-related eligible activities.

Fiscal Impact:

The PLHA Grant will provide approximately $408,000 in funding over the next three years.

If approved, approximately $320,000 from the grant will be used to offset General Fund costs for administration, public safety, and maintenance of the City’s affordable housing units. The estimated remaining funds of $88,000 will be provided to Family Assistance Ministries and Laura’s House for their operations.

Background:

On March 20, 2024, the City Council considered the PLHA application and continued the item to April 3, 2024 without further discussion. On April 3, 2024, the City Council considered and continued the item to May 1, 2024, directing Staff to compile grant eligible activities, other than the Aliso Viejo Town Center Vision Plan and acquisition of an affordable unit.

Discussion:

The City is eligible to receive an estimated $700,000 in PLHA funds, to be disbursed over a five-year period. The City lost the first two years of funding as the Housing Element remains uncertified. The recently adopted rezone ordinances have been submitted to the California Department of Housing and Community Development and the City anticipates a response by the end of May on the certification status of the Housing Element. 128

Page 2 of 4 ends

To qualify for the remaining three years of PLHA funds, the City is required to submit a plan detailing the intended use of the funds as part of its application. PLHA has the following 10 eligible activities to choose from:

1. The predevelopment, development, acquisition, rehabilitation, and preservation of affordable housing, including necessary operating subsidies.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of affordable housing, including accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund.

5. Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing.

6. Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

7. Accessibility modifications in Lower-income Owner-occupied housing.

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

9. Homeownership opportunities, including, but not limited to, down payment assistance.

10.Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects, or matching funds invested by a county in an affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the Project.

To utilize the grant funds within the City, Staff proposes the following eligible activities:

Activity 1: Rehabilitation and preservation of affordable housing  City-Owned Affordable Housing Units: $60,000 - The City owns three separate affordable housing units. The annual HOA dues for these units total approximately $25,000 and associated insurance cost of $5,000. A maximum of $30,000 annually may be needed to cover maintenance and repair of the units.

Activity 6: Assisting persons experiencing homelessness  Orange County Sheriff’s Department (OCSD): $35,000 – The City’s agreement with OCSD includes indirect costs associated with the Behavioral Health Bureau.

This bureau partners with various agencies and organizations to provide support 129

Page 3 of 4 ends

to the homeless community. Aliso Viejo’s portion towards this collaborative effort is approximately $35,000 annually.
 Family Assistance Ministries (FAM) – Currently, the City leases its affordable housing units to Family Assistance Ministries (FAM) for management, specifically for low-income families who are subleasing these units. FAM offers a range of direct services to its clients, encompassing case management, goal setting, financial planning, crisis intervention, and employment resources. In terms of financial assistance, FAM provides services such as securing permanent housing, assisting with rental applications, providing rental assistance, and handling payment processing. The annual operational cost for FAM to provide these comprehensive services is approximately $100,000. FAM currently receives $7,500 in Community Development Block Grant (CDBG) funds to help offset some of their costs.
 Laura’s House – Laura’s House is a state-approved domestic violence agency in South Orange County that provides residential shelter services, transitional housing, counseling and workshops, and legal services to victims of domestic violence. The cost for supportive/case management services is approximately $248,000 and the operation of their emergency shelters and transitional living center is approximately $790,000 per year.

Staff believes that the PLHA grant should, at the very least, be utilized for the City’s direct expenses. These expenses include the maintenance of the City-owned affordable housing units, OCSD, and administrative costs. Any remaining funds from Year 1 are proposed to be allocated to FAM and Laura’s House. Based on these considerations, Staff proposes the following allocation:

Grant Amount Proposed Allocation
Year 1 $203,849 29% $60,000 to City-Owned Affordable Housing Units 24% $49,328.50 to FAM
24% $49,328.50 to Laura's House
18% $35,000 to OCSD
5% $10,192 to Administrative Costs
Year 2 $102,179 59% $60,000 to City-Owned Affordable Housing Units 36% $37,070 to OCSD
5% $10,192 to Administrative Costs
Year 3 Year 3 allocation has not been determined but is anticipated to be similar to Year 2 and Staff recommends the same allocation.

Environmental:

CEQA Guidelines Section 15378 defines a project as an action which has a potential for resulting in either a direct physical change in the environment, or a reasonably 130

Page 4 of 4 ends

foreseeable indirect physical change in the environment. The proposed request is to apply for state funding.

Public Notice:

A public hearing notice was published in the Laguna Niguel News on February 29, 2024 and April 23, 2024.

Attachments:

1. Resolution

2. PLHA Plan
131

Page 1 of 3 ends

______________________
RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, AUTHORIZING THE APPLICATION AND

ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
WHEREAS, the Department is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA) Program; WHEREAS, the City of Aliso Viejo is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; and,

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

Section 1: If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

Section 2: Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA ($715,062) in accordance with all the applicable rules and laws.

Section 3: Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
132

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Section 4: Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

Section 5: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

Section 6: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

Section 7: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

Section 8: Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

Section 9: The City Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED, APPROVED AND ADOPTED this 1st day of May, 2024. __________________________
Mike Munzing
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Lauren Torres, Deputy City Clerk 133

Page 3 of 3 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, LAUREN TORRES, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2024-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 1st day of May 2024, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

LAUREN TORRES

DEPUTY CITY CLERK
(SEAL)
134
PLHA Page 1 302(c)(4) Plan
2023 Allocation*
Admin 5%
Funds Allocated 95%
Total Percentage of Funds Allocated Calculator (2020 - 2023) 2022 Allocation
Admin 5%
Funds Allocated 95%
*HCD will calculate manually for 2023 Allocation
Admin
Funds Allocated
5%
95%
2021 Allocation2020 Allocation
Admin 0%
Funds Allocated 0%
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

This Plan is consistent with the following programs identified in the City's Housing Element which outline housing goals and policies:
1) Policy H-1.1: Identify sites appropriate for the development of a variety of housing types and pr ice ranges to meet the needs of all socioeconomic segments of the community; 2) Policy H -1.4: Ensure that a portion of future residential development is affordable to low- and very low-income households; 3) Policy H-1.6: Encourage the use of grant funds to purchase available residential units in order to increase the supply of units affordable to low- and moderate- income households; and 4) Goal H -3b: Increase the supply of affordable housing in high opportunity areas. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate-income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Aliso Viejo (City) plans on utilizing its allocated PLHA funds for administration costs and the following two activities:
1) Activity 1: preservation of rental housing opportunities for low-income households; and 2) Activity 6: provision of case management services to the homeless. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City’s PLHA funds will focus on subsidizing rental housing for households at or below 60% of the AMI.

The City will allocate a percentage of their PLHA allocation towards Activity #1 for the operations, repair and maintenance of three recently purchased single family rental housing units which will be affordable for households earning 60% of Area Median Income (AMI) or below.

Funding Allocation Year 2020 2021 2022 2023
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4) Plan Rev. 03/18/24
3 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of Funds Allocated
for the Proposed Affordable Rental Housing
Activity
35% 60% 60%
§302(c)(4)(E)(ii) Area Median Income Level
Served 60% 60% 60%
214 n/a
TOTAL
428
§302(c)(4)(E)(ii) Unmet share of the RHNA at
the AMI Level
Note: complete for years 2020, 2020, 2022
only
City pays for the annual maintenance, insurance, HOA fees and turnover expenses. §302(c)(4)(E)(iv) Period of Affordability for the
Proposed Affordable Rental Housing Activity (55
years required for rental housing projects)
§302(c)(4)(E)(ii) Projected Number of
Households Served 1 1 1
214
The city will contract for case management and supportive services for the homeless.

Complete the table below for each proposed Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Percentage of Funds Allocated
for the Proposed Activity 60% 35% 35%
Funding Allocation Year 2020 2021 2022 2023
Supportive/Ca
se
Management
Services
Supportive/Ca
se
Management
Services
TOTAL§302(c)(4)(E)(ii) Area Median Income Level
Served 30%
The city will contract with Family Assistance Ministries (FAM) and will renew their contract with the Orange County Sheriff's Department for case management and supportive services for the homeless. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of the RHNA at AMI
Level
Note: complete for years 2020, 2020, 2022 only
n/a n/a n/a 0
30% 30%
Type of Activity for Persons Experiencing or At
Risk of Homelessness
450
§3
02(c)(4)(E)(iv) Period of Affordability for the
Proposed Activity (55 years required for rental
housing projects)
n/a n/a n/a
§302(c)(4)(E)(ii) Projected Number of
Households Served 250 100 100
Supportive/Ca
se
Management
Services
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

File Name: Plan Adoption Reso §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Uploaded to HCD? Yes 55 years 55 years 55 years
135
PLHA Page 2 302(c)(4) Plan
Total Percentage of Funds
Allocated for 2023 95%Total Percentage of Funds
Allocated for 2022 95%Total Percentage of Funds
Allocated for 2020 0%Total Percentage of Funds
Allocated for 2020 0%
136
City of Aliso Viejo

AGENDA ITEM
DATE: May 1, 2024
TO: Mayor and City Council
FROM: Scott C. Smith, City Attorney
SUBJECT: CITY MANAGER EXECUTIVE RECRUITMENT AGREEMENT
Recommended Actions:

1. Accept proposal from Bob Murray & Associates to conduct recruitment for the City Manager position;

2. Approve the Executive Recruitment Agreement with Bob Murray & Associates for purposes of recruiting a City Manager for the City; and

3. Appropriate $29,000 to the General Fund for the fiscal year 2023-24 budget.

Fiscal Impact:

The proposed costs of the recruitment services amount to $22,000, as a fixed flat rate.

Reimbursable expenses for the services may amount up to $7,900, but the total will not exceed $29,000 unless City approval otherwise. Funds from the General Fund will need to be appropriated to the fiscal year 2023-24 budget.

Background:

Bob Murray & Associates is a professional search firm specializing in recruiting and placing public executives. They have provided the City a proposal for recruitment services, outlining a plan, estimated schedule, and project leads. A City Council ad hoc committee interviewed recruitment firms and has recommended to the City Council that Murray & Associates be chosen for this important work.

Discussion:

The Aliso Viejo City Council intends to fill the City Manager position in a short time.

Council acted quickly to appoint an ad hoc committee comprised of Mayor Pro Tem Tiffany Ackley and Councilmember Max Duncan, who interviewed several capable recruitment firms and selected Murray & Associates as the firm to recommend to the City Council for engagement. Under the agreement provided, Murray & Associates will 137
provide and manage all recruitment work including, but not limited to, developing candidate profiles, advertising the position, recruiting and screening candidates, conducting interviews and background checks, and providing recommendations to the City Council. Valerie Phillips, one of the firms co-owners, will serve as the project manager. Based on the firm’s history of recruitment successes, their goals of diverse and superlative candidates, and their alignment with City goals and objectives, the ad hoc recommends acceptance of the proposal and approval of the agreement.

Attachments:

1. Proposed City Manager Recruitment Agreement

2. Bob Murray & Associates Executive Recruitment Proposal 138
(BB&K: 2-12)

CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT

BOB MURRAY & ASSOCIATES
PARTIES AND DATE.

This Agreement is made and entered into this ___ day of April, 2024 by and between the City of Aliso Viejo, organized under the laws of the State of California (“City”), and Bob Murray & Associates, a California corporation with its headquarters at 1544 Eureka Road, Suite 280, Roseville, California 95661 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing executive search and recruitment services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to conduct an executive recruitment for the position of City Manager (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

A. 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 executive search and recruitment consulting services necessary for the Project (“Services”). The Consultant agrees to perform certain services necessary for the completion of the search, which services shall include, but are not limited to, the following:
a. Develop the Candidate Profile
b. Develop Advertising Campaign and Recruitment Brochure c. Recruit Candidates
d. Screen Candidates
e. Conduct Personal Interviews
f. Conduct Public Record Search
g. Provide Recommendation
h. Assist with Final Interviews
139
2 i. Conduct Detailed Reference Checks
j. Assist with Negotiations
k. Provide Complete Administrative Assistance
The Services are more particularly described in Consultant’s proposal dated April 9, 2024 attached hereto as Exhibit “A” (the “Proposal”) 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 begin immediately and shall continue until the Search is completed, unless this Agreement is terminated sooner as provided herein. Completion is defined as the date of hire of the new City Manager of the City of Aliso Viejo. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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 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, and in accordance with the Schedule of Services set forth in Exhibit “A.” 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 140
3 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: Valerie Phillips, Yasmin Beers, Jon Lewis.

3.2.5 City’s Representative. The City hereby designates the Mayor or the Interim City Manager, or their 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. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Valerie Phillips to act as its representatives for the performance of this Agreement (“Consultant’s Representatives”). Consultant’s Representatives shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representatives shall supervise and direct the Services, using their 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, including a City Business License, 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.
141
4 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Consultant shall also perform the Services in strict accordance with any completion schedule described in Exhibit “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Regulations; Employee/Labor Certifications. 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.

3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer 142
5 of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 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 Workers’ 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.

3.2.10.5 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.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 143
6 (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1 million per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1 million per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1 million per accident for bodily injury or disease.

3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1 million per claim, and shall be endorsed to include contractual liability.

3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Worker’s Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. 144
7 (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.11.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to 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, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.12 Accounting Records. 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.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A.” The total fixed fee compensation shall be $22,000. Extra Work, including Optional 145
8 Services as described in Exhibit “A” may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in the Proposal.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement (“invoice”) which describes the services rendered and/or milestones completed since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 45 days of receiving such invoice, review the invoice and pay all approved charges thereon. Invoices shall be submitted to the following individual or department in the City:

Invoicing/Billing Contact:

Ann Eifert, Director of Finance; [email protected];

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses beyond those described in the Proposal unless authorized in writing by City.

Notwithstanding this section, it is acknowledged that $7,900 maximum in expenses have been estimated in part of the approval of this agreement.

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 Optional Services as described in the Proposal and 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 City’s Representative.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days’ prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.

Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.4.2 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.

3.4.3 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 Ownership of Materials and Confidentiality.
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9 3.5.1 Documents and 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 and Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents and Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents and Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents and Data on such other project. Consultant shall be responsible and liable for its Documents and Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the 147
10 indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that 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.

3.6 General Provisions.

3.6.1 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:

Bob Murray & Associates
1544 Eureka Road, Suite 280
Roseville, CA 95661
Attn: Valerie Phillips, Vice President
City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Interim City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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11 3.6.2 Indemnification.

3.6.2.1 Scope of Indemnity . To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, 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 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 consequential damages, expert witness fees and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with Counsel of City's choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents.

Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
149
12 3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

3.6.7 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.

3.6.8 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.

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

3.6.10 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.

3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.12 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.

3.6.13 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this 150
13 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.

3.6.14 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.

3.6.15 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.

3.6.16 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.

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

3.6.18 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.

3.6.19 Federal Provisions. This section intentionally left blank. [SIGNATURES ON NEXT PAGE]
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14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ALISO VIEJO

AND BOB MURRAY & ASSOCIATES
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the ___ day of April, 2024.

CITY OF ALISO VIEJO
By: _________________________
Mike Munzing
Mayor
Attest: _________________________

BOB MURRAY & ASSOCIATES
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
152
EXHIBIT “A”

PROPOSAL AND SCOPE OF SERVICES
153

A Proposal to Conduct an Executive Recruitment

for the Position of

CITY MANAGER

on behalf of the City of

1544 Eureka Road, Suite 280
Roseville, CA 95661
(916) 784-9080
(916) 784-1985 fax
154

April 9, 2024

Mayor Mike Munzing &
Members of the City Council
City of Aliso Viejo
12 Journey Suite 100
Aliso Viejo, CA 92656

Submitted via email to: [email protected]

Dear Mayor Munzing & Members of the City Council:

Bob Murray & Associates is pleased to submit a proposal to conduct the City Manager recruitment for the City of Aliso Viejo. The following details our qualifications and describes our systematic— yet flexible —method of identifying, recruiting, and screening outstanding candidates on your behalf. It also includes a proposed budget, timeline, and guarantee.

At Bob Murray & Associates, we pride ourselves on providing quality service to local governments, non-profit agencies, and private firms by capitalizing on our decades of experience and vast network of contacts. As a minority and woman owned firm, Bob Murray & Associates’ places diversity , equity, and inclusion at the forefront of each recruitment. We recognize the importance of meeting each client’s unique recruitment needs and building a plan together to establish success. Our expertise ensures that the candidates we present to the City of Aliso Viejo will match the criteria you have established, be a positive addition to your organization, and be outstanding in their field.

Bob Murray & Associates recognizes that we work at the pleasure of the City Council and our job is to facilitate the Council in finding the City of Aliso Viejo’s next City Manager. Our best practice is to establish a strong partnership with the Council, to ensure the placement of a City Manager who is ideally suited to its needs. In developing this collaborative approach, we will seek the opportunity to meet wit h the Council individually to discuss their expectations for the City of Aliso Viejo’s new City Manager. The feedback received from Council will be essential in providing guidance when recruiting and screening candidates for the position.

Current and r ecent City Manager recruitments we have completed similar in size and scope to your upcoming search include the following:

2024
Vancouver, CA (City Manager) - Current
Marin County, CA (County Administrator) –
Current
Novato, CA (City Manager) – Current
Orinda, CA (City Manager) – Current
Pacific Grove, CA (City Manager) – Current
Pinole, CA (City Manager) – Current
Salinas, CA (City Manager) – Current
Saratoga, CA (City Manager) – Current
Sparks, NV (City Manager) – Current

2023
Auburn, CA (City Manager)
Desert Hot Springs, CA (City Manager)
Downey, CA (City Manager)
Merced, CA (City Manager)
Moraga, CA (Town Manager)
Pacific Grove, CA (Interim City Manager)
Piedmont, CA (City Administrator)
155

Rio Vista, CA (City Manager)
San Bruno, CA (City Manager)
San Marino, CA (City Manager)
San Rafael, CA (City Manager)
San Ramon, CA (City Manager)
Santa Clara, CA (City Manager)
South Gate, CA (City Manager)
Ventura, CA (City Manager)
Winters, CA (City Manager)
Yountville, CA (Town Manager)

2022
Calistoga, CA (City Manager)
Livermore, CA (City Manager)
Placer County, CA (County Executive Officer)
Rohnert Park, CA (City Manager)
St. Helena, CA (City Manager)
Sonoma County, CA (County Administrator)
Yolo County, CA (County Administrator)

We work as a team on every search at Bob Murray & Associates. Your Project Lead would be Valerie Gaeta Phillips, Yasmin Beers, or Jon Lewis . Our recruiters are highly experienced in guiding elected bodies through the decision -making process and would not only direct and supervise the project team from beginning to end but also serve as your Recruiter.

To learn first-hand of the quality of our services and why the majority of our engagements come from repeat and referred clients, we invite you to contact the references listed on page 13 of the attached proposal.

We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at (916) 784-9080 with any questions.

Sincerely,

Valerie Gaeta Phillips
President, Bob Murray & Associates
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TABLE OF CONTENTS
THE RECRUITMENT PROCESS ................................................................ 2 STEP 1 DEVELOP THE CANDIDATE PROFILE ........................................................ 2 Optional Service: Community and Staff Involvement ....................................................... 2 STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS ................... 2 Reaching Diverse Candidates ......................................................................................... 3 STEP 3 RECRUIT CANDIDATES ................................................................................ 3 STEP 4 SCREEN CANDIDATES .................................................................................. 4 STEP 5 CONDUCT PRELIMINARY INTERVIEWS ...................................................... 4 STEP 6 SEARCH PUBLIC RECORDS ........................................................................... 4 STEP 7 MAKE RECOMMENDATIONS ....................................................................... 4 STEP 8 FACILITATE FINAL INTERVIEWS................................................................. 5 STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS ............................ 5 STEP 10 ASSIST IN NEGOTIATIONS ......................................................................... 5 COMPLETE ADMINISTRATIVE ASSISTANCE ....................................... 6 COSTS AND GUARANTEE .......................................................................... 7 PROFESSIONAL FEE AND EXPENSES ...................................................................... 7 Optional Services ........................................................................................................... 7 GUARANTEE............................................................................................................... 8 RECRUITMENT SCHEDULE ..................................................................... 8 FIRM PROFILE .............................................................................................. 9 REFERENCES .............................................................................................. 13

157

Bob Murray & Associates Proposal for the City of Aliso Viejo Page 2

THE RECRUITMENT PROCESS

Bob Murray & Associates’ recruiters are specialists in finding positive placements and providing security and fairness to candidates and clients while ensuring the integrity of the search process.

We understand that superlative recruiting for the City Manager will lead to superlative results for the City of Aliso Viejo. Outlined below are the steps in our proven recruitment process, refined through our 30+ years of experience in executive search.

STEP 1 DEVELOP THE CANDIDATE PROFILE

Our understanding of the City of Aliso Viejo ’s needs will be key to a successful search. Valerie Gaeta Phillips, Yasmin Beers, or Jon Lewis will meet with the City Council and key stakeholders to learn as much as possible about the ideal candidate for the City Manager position. We want to become familiar with the values and culture of the organization, as well as to understand the current and future issues, challenges, and opportunities in the City of Aliso Viejo.

Your recruiter will review and help define the City’s wish-list regarding the ideal candidate’s personality, management style, knowledge, skills , and abilities and will work with the City to identify expectations regarding education and experience. The City Council and your recruiter will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity . The profile we develop together at this stage will drive subsequent recruitment efforts.

Optional Service: Community and Staff Involvement

We find that many of our clients value a recruitment process that opens the opportunity for community members, business leaders, organization representatives, and employees to provide input regarding the ideal candidate. Our recruiters are skilled in designing and facilitating forums, town hall meetings, and online surveys that allow equitable involvement from a variety of constituencies and in consolidating feedback into a cohesive narrative of common themes.

If the City of Aliso Viejo so desires, we will work with the City Council to create a customized community and/or staff input process.

STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS

Ms. Gaeta Phillips, Ms. Beers, or Mr. Lewis and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of Aliso Viejo to create a professional recruitment brochure, with the assistance of our professional graphic designer . The four-page, full-color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures provided by the City of Aliso Viejo that you feel best represent your organization and your community.

Upon your approval, your recruiter will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the City Manager position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly 158

Bob Murray & Associates Proposal for the City of Aliso Viejo Page 3 and is a trusted resource for candidates seeking executive and professional positions. Two sample brochures are included in this proposal package for your reference.

Your recruiter will also design an effective advertising campaign appropriate for the City Manager recruitment. Our broadest outreach comes through our active social media involvement on Facebook, LinkedIn, and Twitter, where upcoming and current positions are posted. Sources such as Western City Magazine, PublicCEO, and the Careers in Government website will be used to reach an extensive local government audience, while position-specific postings will be chosen to attract candidates who have built their careers in and are committed to the City Manager field.

Suggested City Manager-specific advertising sources for the City of Aliso Viejo’s search include:

ICMA Newsletter
League of Women in Government
National League of Cities
California City Management Foundation
California City News
Local Government Hispanic Network

Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions.

Reaching Diverse Candidates

Bob Murray & Associates, a woman - and minority-owned business, is proud of its commitment to attracting and placing diverse candidates. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity -focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women’s Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field.

Your recruiter will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of Aliso Viejo, to maximize the potential for individuals from a wide variety of backgrounds, cultures, physical abilities, life experiences, and gender to be considered for the City Manager position.

STEP 3 RECRUIT CANDIDATES

The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 1,400 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over time—time that we have invested into perfecting our process fo r finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, answer questions, and allay any reservations , and these efforts are essential to the success of the City Manager recruitment.

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Bob Murray & Associates Proposal for the City of Aliso Viejo Page 4 STEP 4 SCREEN CANDIDATES

Following the clos ing date for the recruitment, your recruiter will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and your recruiter will discuss with the City Council how the City of Aliso Viejo wishes to proceed with these candidates.

STEP 5 CONDUCT PRELIMINARY INTERVIEWS

Your recruiter will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel-related expenses to our clients and increase efficiency in the search process, these interviews are typically conducted via Zoom or other convenient videoconferencing applications.

STEP 6 SEARCH PUBLIC RECORDS

Under the direction of Ms. Gaeta Phillips, Ms. Beers, or Mr. Lewis , your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate. Sources include Lexis -Nexis™, Google, social media, and our contacts in the field .

This will alert Ms. Gaeta Phillips, Ms. Beers, or Mr. Lewis to any further detailed inquiries we may need to make before our recommendations are finalized.

STEP 7 MAKE RECOMMENDATIONS

Based on our findings during the preliminary interview process, Ms. Gaeta Phillips, Ms. Beers, or Mr. Lewis will recommend a limited number of candidates for your further consideration. Your recruiter will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of those to be considered will be up to you.

We typically recommend 6 -8 candidates that we feel will best match your expectations , and we prepare a detailed written report on each candidate. This bound report provided to each member of the decision-making body includes:

Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience and education for each Recommended Finalist candidate Complete cover letter and resume for each Recommended Finalist candidate List of Other Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process)

Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications.

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Bob Murray & Associates Proposal for the City of Aliso Viejo Page 5 STEP 8 FACILITATE FINAL INTERVIEWS

Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will work with the City of Aliso Viejo to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the City Council and key stakeholders, community/employee interview panels, writing and presentation samples, meet-and-greets, or another specialized process element your recruiter helps the City of Aliso Viejo to design.

Ms. Gaeta Phillips, Ms. Beers, or Mr. Lewis will be present on -site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided to each interview panel member containing:

Recruitment brochure with candidate profile
Interview schedule
Suggested interview questions
Experience summary, cover letter, resume, and rating form for each candidate
Ranking forms for use during the panel interview process

We will work closely with your staff to coordinate and schedule interviews. Our goal is to ensure that each candidate has a very positive experience, as the way the entire process is conducted will influence the final candidates’ perception of your organization.

STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS

Ms. Gaeta Phillips, Ms. Beers, or Mr. Lewis and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates . To gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. In addition to gaining a 360-degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate’s abilities but who may not be on their preferred list of contacts.

Your Recruitment Coordinator will work with candidates and our professional backgrounding firm, HireRight, to conduct credit , civil litigation, and motor vehicle record checks and verify candidates’ degrees.

STEP 10 ASSIST IN NEGOTIATIONS

We recognize the critical importance of successful negotiations and can serve as your representative during this process. Your recruiter knows what other organizations have done to put deals together with great candidates and what the current market is like for City Manager positions in organizations like the City of Aliso Viejo’s. Your recruiter will be available to advise you regarding current approaches to difficult issues , such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits , and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate. With our proven experience and vested interest in a positive outcome, 161

Bob Murray & Associates Proposal for the City of Aliso Viejo Page 6 we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved.

COMPLETE ADMINISTRATIVE ASSISTANCE

We receive many unsolicited testimonials each year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of Aliso Viejo , we will provide you with updates on the status of the search and attend to all administrative details on your behalf.

Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each crit ical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from your recruiter on behalf of the City of Aliso Viejo.

It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly within 24 hours if the inquiry is received during the work week. Ms. Gaeta Phillips, Ms. Beers, or Mr. Lewis will be available to the City of Aliso Viejo by office phone, cell phone, and email at any time to ensure a smooth and stress-free recruitment process.

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Bob Murray & Associates Proposal for the City of Aliso Viejo Page 7

COSTS AND GUARANTEE

PROFESSIONAL FEE AND EXPENSES

The fixed, flat professional services fee for conducting the City Manager recruitment on behalf of the City of Aliso Viejo is $22,000. Services provided for in this fee consist of all steps outlined in this proposal, including three (3) meetings on site. The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project.

In fact, our mission for this project is to ensure we assist in identifying the right candidate for the City of Aliso Viejo. Therefore, Ms. Gaeta Phillips, Ms. Beers, or Mr. Lewis will contact the City at the first anniversary of the placement to confirm an effective transition has occurred.

The City of Aliso Viejo will also be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project not to exceed $7,900. Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. In no instance will expenses exceed this estimate without prior approval from the City of Aliso Viejo.

Expense reimbursement for candidate travel related to on-site interviews will be the responsibility of the City of Aliso Viejo.

Optional Services

Community/Staff Input Forum: $1,500/day, plus travel expenses Online survey: $ 1,000 (Surveys include formatting questions and preparing survey link.

Services do not include summaries or analysis of data.) Additional on-site meeting days: $1,500/day, plus travel expenses Additional background checks: $250/candidate
Additional reference checks: $500/candidate
Additional hires: $6,500/candidate
Other services: $250/hour or $1,500/day

Professional Fees and Reimbursable Expenses
Professional Services (Fixed Flat Fee) $22,000
Reimbursable Expenses
Example costs and approximate amounts include:

Brochure Design and Printing ($1,275)
Advertising ($2,500)
Background Checks – 3 candidates ($650)
Consultant Travel ($2,600)
Other expenses – supplies, shipping, clerical ($875)
$7,900
Not-to-Exceed Total $29,900
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Bob Murray & Associates Proposal for the City of Aliso Viejo Page 8

GUARANTEE

Should a candidate recommended by our firm position resign or be terminated within the first 12 months of employment, we will provide the City of Aliso Viejo with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the City of Aliso Viejo’s behalf during the new search. We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision of our proposal.

RECRUITMENT SCHEDULE

We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13-16 weeks from the date of initial meetings with our client.

The final recruitment schedule will be determined in collaboration with City of Aliso Viejo . A typical timeline of tasks and events is included here for reference.

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Bob Murray & Associates Proposal for the City of Aliso Viejo Page 9

FIRM PROFILE

OUR STAFF

Bob Murray & Associates is a small firm focusing exclusively on executive search services. We have a team of thirteen (13):

Bob Murray, Founder
Valerie Gaeta Phillips, President
Gary Phillips, Executive Vice President
Joel Bryden, Vice President
Yasmin Beers, Senior Executive Recruiter
Adele Fresé, Senior Executive Recruiter
Stacy Stevenson, Senior Executive Recruiter
Jon Lewis, Executive Recruiter
Stephanie Dietz, Executive Recruiter
Alexandria Kopack, Recruitment and Operations Manager
Kathy Lolas, Senior Recruitment Coordinator
Grace Marshall, Senior Recruitment Coordinator
Steph Souza, Assistant Recruitment Coordinator

Please see your lead recruiter’s biography below:

VALERIE GAETA PHILLIPS, PRESIDENT AND RECRUITER

Ms. Gaeta Phillips has over 18 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies nationwide. Since joining Bob Murray & Associates, Valerie has completed over 160 searches in a diverse range of fields, including city and general management, planning, finance, human resources, transportation, communication and public relations, community and economic development, information technology, parks and recreation, and op erations. She has recruited at all levels of municipal and non-profit organizations, from technicians and engineers to Executive Directors and Chief Executive Officers.

Valerie is valued for her passion for finding and retaining the most outstanding candidates for even the most difficult or untraditional assignments and for her com mitment to her clients’ success; she is also active in a variety of industry organizations and in diversity -focused associations. Valerie is called upon often to serve as an expert speaker on topics such as managing one’s online reputation, diversity issues in municipal and non-profit leadership, and how to identify a positive placement for the organizational culture.

Ms. Gaeta Phillips, along with Executive Vice President Gary Phillips, has a passion for helping people, evidenced by fundraising, sponsorship, and involvement in raising awareness for organizations such as Autism Speaks, the UC Davis M.I.N.D. Institute, and the Northern California Special Olympics.

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YASMIN BEERS, SENIOR EXECUTIVE RECRUITER

Yasmin Beers brings over 33 years of municipal government experience to Bob Murray and Associates. Yasmin retired as the City Manager for Glendale with a population of over 200,000.

She served as Chief Executive Officer overseeing close to 2,000 employees serving in Police, Fire, Public Works, Parks, Community Development, Library Arts & Culture, Innovation Performance & Audit, and Water & Power to name a few.

Yasmin’s three decades of experience in public service brings extensive background in public sector finance, human resources management, contract negotiations, strategic planning & organizational leadership, policy development, emergency response & planning, team building and performance improvement. Throughout her career, Yasmin has had a great deal of experience in recruiting, selecting and hiring employees for executive and management level positions with a focus on the organizational needs and culture.

Yasmin currently serves on the Glendale Adventist Medical Center’s Civic Advisory Board and the Advisory Board for Village Christian School. Yasmin is a past member of Soroptimist International of Glendale where she served as President in 1999/2000. She is a past board member of Glendale Healthy Kids, Salvation Army and the American Red Cross. In 2011 the Glendale Chamber of Commerce recognized Yasmin as Woman of the Year; in 2013 she was the recipient of The Armenian American Woman of Excellence Award; in 2014 Yasmin was recognized by the Glendale Educational Foundation for her distinguished service and philanthropic efforts; in 2015, YWCA awarded Yasmin with the Heart & Excellence Award; in 2017, she was recognized by Business Life Magazine as a Women Achiever; and in 2018 the California State Senate recognized Yasmin as one of the Woman of the Year, each a tribute to her core values that represent her civic responsibilities, volunteerism and community service.

Yasmin has a Bachelor of Arts degree in Political Science from California State University, Northridge and a Master’s degree in Organizational Leadership from Woodbury University.

JON LEWIS, EXECUTIVE RECRUITER

Jon Lewis brings over 30 years of municipal government experience to Bob Murray and Associates. Jon began his career in public service in 1991 with the City of Newport Beach, an iconic coastal community of 53 square miles in Southern California. After suc cessfully working his way through the ranks of the Police Department, he honorably retired in December of 2022 after serving as the Chief of Police for nearly seven years. Jon is known for his commitment to selfless service, ethical leadership and maintaining longstanding community partnerships. During his tenure as Chief of Police, the Newport Beach Police Department achieved reduction in crime to historic lows through effective, data-driven community policing strategies as well as excellence in emergency response and 911 call answer times.

Jon graduated with honors from California State University Long Beach with a Bachelor of Science degree in Criminal Justice and Speech Communication , and holds a Master of Arts degree in Criminal Justice from Chapman University. He is a graduate of several advanced law enforcement training courses including the California Commission on Peace Officer Standards and Training Command College. Jon has autho red two university-level textbooks in criminal justice and is an 166

Bob Murray & Associates Proposal for the City of Aliso Viejo Page 11 instructor with the Center for Criminal Justice Research and Training at California State University Long Beach.

He and his wife, Darcy, have two children and reside in Orange County.

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CORPORATION

Bob Murray & Associates was founded in May 2000 and operated under the corporation name MBN Services, Inc. until June 2014; our new corporation name is GVP Ventures, Inc., incorporated in California in 2014. Contact information for the corporation and the firm is as follows:

GVP Ventures, Inc. OR Bob Murray & Associates
1544 Eureka Road, Ste. 280
Roseville, CA 95661
(916) 784-9080
[email protected]

Our corporation and firm are financially sound (and have been so since 2000), with documentation from our accountant available to your organization prior to final execution of a professional service agreement. We have never been involved in any litigation, aside from our personnel serving as expert witnesses when called to do so.

PROFESSIONAL ASSOCIATIONS

Our firm, represented by either our President or our Executive Vice President, are involved in the following organizations to remain engaged with current and future issues relevant to the work we conduct on behalf of clients like City of Aliso Viejo:

California Special Districts Association
California City Management Foundation (CCMF)
Engaging Local Government Leaders (ELGL)
International City/County Management Association (ICMA) International Network of Asian Public Administrators (I-NAPA) League of California Cities
League of Women in Government
Municipal Management Association of Northern California (MMANC) Municipal Management Association of Southern California (MMASC) National Forum for Black Public Administrators (NFBPA)

Members of our leadership team not only attend events sponsored by these associations but are also frequently called upon to serve as panel members and to provide specialized lectures regarding industry-specific issues.

Recent and upcoming speaking engagements and trainings provided by our staff include:
“Role of the Chief” class, annually presented by Joel Bryden or Jon Lewis on behalf of the California Police Chiefs Association;
MMANC and MMASC annual mock interviews;
Annual League of California Cities Booth; and
Annual League of California Cities City Manager’s Conference (City Manager hosted event).
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REFERENCES

Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has recently conducted similar searches are listed below:

CLIENT: City of Ventura, CA
POSITION: City Manager
POSITION: Assistant City Manager
REFERENCE: Ms. Danielle Keys, Human Resources Director (805) 654-7800 & Mr. Bill Ayub, City Manager (805) 654-7740

CLIENT: City of Carpinteria, CA
POSITION: Assistant City Manager
REFERENCE: Mr. Michael Ramirez, City Manager
(805) 755-4450

CLIENT: City of Rohnert Park, CA
POSITION: City Manager
REFERENCE: Ms. Michelle Kenyon, City Attorney
(510) 388-4669

We appreciate the City of Aliso Viejo’s consideration of our proposal and look forward to working with you.

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ASSISTANT

CITY MANAGER
Retirement – The City participates in the California Public Employees Retirement System (CalPERS) providing retirement benefits to eligible miscellaneous Classic employees
(employees hired before 1/1/13) with a 2% @ 55 formula and PEPPRA Employees (employees hired after 12/31/12) with at 2% @ 62 formula. Employee cost share for Classic Employees is 8% and

8.00% for PEPPRA employees.

Health Insurance – The City provides the majority of the health insurance annual premium under the CalPERS program for eligible employees and their eligible dependents.

Dental Insurance – The City provides a dental plan with 100% of the premium paid by the City for employees and their dependents.

Voluntary Vision Insurance – Employees have the option to elect coverage for themselves and their dependents at their own expense.

Flexible Benefit Program Wellness Allowance – An allowance of $1,335.008 per calendar year is provided by the City. This annual benefit will increase by 2% every calendar. The funds for unreimbursed medical expenses, dependent care or employees can purchase a variety of optional and supplemental benefits that complement our medical, dental, vision, and other supplemental health plans.

Leave Accrual – Annual leave is accrued based on years of service. In place of separate leave accrual for vacation, sick leave, floating holidays, and administrative leave, each employee is granted an all-inclusive comprehensive leave bank that includes all leave benefits. Employees have the option to cash out up to 80 hours of unused leave at the beginning of the fiscal year, provided the employee retains an accrued leave balance of forty (40) in their leave bank.

City Paid Holidays – The City observes twelve (12) paid legal holidays each year. They are as follows: New Year’s Day, the day before/or after New Year’s Day, Martin Luther King Day, President’s Day, Juneteenth, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, Christmas, and the day before/or after Christmas Day and day before or after January 1st.

Flexible Schedule Hours – City employees have the option of flexible sched- uling which allows them to work a 9/80 schedule with a designated Monday or Friday off in each two-week work period subject to operations needs of the department as determined by the City Manager
Short- and Long-term Disability
Insurance – In addition to the manda-
tory State Disability Insurance (SDI),
the City provides Group Short and
Long-term disability insurance plan
for eligible full-time employees
through Reliance Standard Insurance.

Other Benefits – Workers’ Compen-
sation, Life Insurance, Fitness Program
* The City does not participate in
Social Security, but does participate
in Medicare contributions.

TO APPLY
If you are interested in this outstanding
opportunity, please apply online at:
www.bobmurrayassoc.com
Filing Deadline:

February 2, 2024
Following the closing date, resumes
will be screened according to the
qualifications outlined above. The most
qualified candidates will be invited to
personal interviews with Bob Murray
and Associates. A select group of
candidates will be asked to provide
references once it is anticipated that
they may be recommended as final-
ists. References will be contacted only
following candidate approval. Finalist
interviews will be held with the City of
Carpinteria. Candidates will be ad-
vised of the status of the recruitment
following selection of the Assistant
City Manager.

If you have any questions, please do not
hesitate to call Ms. Yasmin Beers at:
(916) 784-9080
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THE COMMUNITY
The City of Carpinteria, with approximately
12,711 residents, is an inviting seaside com-
munity with an abundance of natural beauty
and small-town charm. Located in Santa Barbara
County adjacent to Highway 101, Carpinteria is
12 miles south of Santa Barbara, 12 miles north of
Ventura, and 80 miles north of Los Angeles.

Situated between the mountains and the coast, residents and visitors enjoy over 275 days of sunshine a year, with an average daytime temperature between 68 and 80 degrees. Carpinteria is an outdoor enthusiast’s playground with nearly three miles of accessible and beautiful coastline and a reputation for having some of the best beaches in California for swimming, sunbathing, fishing, and exploring.

The City’s beautiful beach offers convenient access to public parking and downtown shopping and dining while the Carpinteria State Beach offers day use and overnight camping. Carpinteria is also known for its surfing, including Rincon Point which has been recognized as having some of the best and most consistent surfing in the world. The area also offers great trails for bicyclists, abundant open space, and many parks and outdoor activities for every interest.

In the downtown, unique boutiques and shops line Linden Avenue, along with dining, shopping, and several craft brewery options. The California Avocado Festival is held in Carpinteria each October, and residents and visitors enjoy the bounty of local farms at the weekly farmer’s market. The Santa Barbara Polo and Racquet Club is also nearby, providing locals and visitors a chance to enjoy world-class polo matches.

The Carpinteria Valley has a long and productive agricultural history, which is an integral part of a thriving, diverse economy rooted in locally owned small businesses, and complemented by high-tech and light manufacturing com- panies such as LinkedIn, Agilent, NuSil, Procore, and BEGA. Public schooling is provided by the Carpinteria Unified School District, which serves 2,300 students through nine high-performing schools that boast small class sizes. Several renowned four-year colleges and universities are located within just a few miles, including Westmont College, the University of California, and Santa Barbara and California State University Channel Islands. Located nearby is Santa Barbara City College, which is one of the top ranked community colleges in the nation.

THE ORGANIZATION
Carpinteria was incorporated in 1965 as a general law city with a Council- Manager form of government. The City is led by a five-member City Council, with members elected to overlapping four-year terms. The Mayor and Vice Mayor are selected by their fellow Council Members. The Council works to establish a vision for the City of Carpinteria
and appoints the City Manager, who is
responsible for overseeing the
daily operations of the City.

City departments include Ad-
ministrative Services, Com-
munity Development, Parks,
Recreation & Community
Services, Public Works,
and General Govern-
ment. Policing services
are provided through
contract with the Santa
Barbara County Sheriff’s
Department, and sanitary sewer, water,
and fire protection services are provided
by independent special districts.

City operations are assisted by 41 full-
time and approximately 95 part-time
seasonal staff and is supported by a
FY 2023-24 total budget of $28.6 million.

The City’s major revenue sources in-
clude property, sales, and transient
occupancy tax.

THE POSITION
Under administrative direction, the
Assistant City Manager will assist the
City Manager and City Council in co-
ordinating, directing, and evaluating
the City’s departmental activities and
operations. The Assistant City Manager
provides highly complex administrative
support to the City Manager and City
Council members, and operates with
substantial latitude and discretion to
achieve effective and efficient use of the
City’s resources in serving customers.

This position relieves the City Manager
of day-to-day duties associated with
City responsibilities and develops and
oversees civic engagement and com-
munication strategies, racial equity
and social justice, and performance
measurement programs; provides direct
oversight of Human Resources and
Risk Management division functions
and management of interdepartmental
projects, as well as assigned programs,
functions, and services within the City
Manager’s Office.; and serves as a
member of the City’s Executive Team
and acts for and on behalf of the City
Manager in his/her absence.

Duties may include, but are not limit-
ed to, the following:
•Directing, preparing, and overseeing
the preparation of a wide variety of
reports, analyses, recommenda-
tions, and presentations for the City
Council, City management, and
outside agencies.
•Reviewing City Council agenda re-
ports following up on policy issues
or concerns prior to City Council
meetings; responding to and follows
up on City Council meetings and
concerns related to agenda items.
•Leading Human Resources and Risk
Management functions as well as
Racial, Equity and Social Justice
program, Performance Mea-
surement program, Economic
Vitality, Community Promo-
tions & Communications,
Social Media, Community
Services Support, Youth
Safety and Engagement,
and Volunteer Services.
•Managing interdepartmen -
tal projects as well as as-
signed services, programs,
functions, and activities
within the City Manager’s
Office.
•Developing, implementing, and
monitoring long-term plans, goals, and
objectives focused on achieving the City’s
mission and City Council goals and priorities.
•Interpreting City ordinances, codes, and applicable laws and regulations to ensure compliance.
•Planning and evaluating the performance of assigned staff; establishing performance requirements and personal development targets; regularly monitoring performance and providing coaching for performance improve- ment and development.
•Administering, coordinating, and monitoring a variety of programs that cross a number of City operational lines; researching development opportunities to address funding needs.
•Participating in Budget preparation, including leading the evaluation of City programs and services using performance measures.
•Serving as the City’s liaison to the community; providing leadership to special projects or issues that are complex and/or sensitive; serving as a facilitator to identify, address, and resolve issues; developing and implementing strategic plans and policies.
•Providing high-level research, analysis, and recommendations to the City Manager, Department Directors, and City
Council on matters relating to policy development,
strategies, management planning, project management,
and intergovernmental activities, and community issues.

THE IDEAL CANDIDATE
The City is seeking a dedicated professional who
establishes positive working relationships with staff,
department heads, elected officials, and the community
to serve as the next Assistant City Manager. The ideal
candidate will bring strong leadership and analytical
skills with the ability to think strategically. The Assistant City Manager should also be politically astute, customer service-oriented, and collaborative. The successful candidate will be a dynamic individual who appreciates the economic and cultural diversity of the Carpinteria community and who values diversity, equity, and inclusion.

An engaged and efficient leader who is approachable and responsive will do well. The ideal candidate should offer a proven track record of positive working relationships and consistent communication throughout all organizational levels. The incoming Assistant City Manager should also exhibit a
collaborative and consensus-building
approach to addressing the goals of
the City in consultation with the City
Manager, City Council, and other
members of the City’s Executive
Team. The successful candidate will
have the ability to coordinate and
oversee a variety of programs and
projects; make prompt and accurate
decisions; and communicate effective -
ly both orally and in writing. Knowledge
of principles and practices of munici-
pal administration, organizations, and
functions; current social, political, and
economic trends and operating issues
related to municipal government;
budgeting and finance; public financing;
local and state legislative processes;
and methods of assessing municipal
operations is essential.

Candidates should offer the ability to
exercise the judgement, decisiveness,
and creativity required in situations
involving the evaluation of information
against sensory, judgmental, or sub-
jective criteria, as well as the ability to
analyze problems, identify alternative
solutions, project consequences of
actions, and implement recommen-
dations in support of goals. Qualified
candidates typically possess education,
training, and experience equivalent
to a Bachelor’s degree in public or
business administration or related
field, along with five (5) years of
increasingly responsible expe-
rience in the management of
public sector operations.

Previous public sector
experience in the office of
a City or County Manager
is desired. A Master’s
degree in public/busi-
ness administration, juris
doctor, social services,
urban studies, or related
field is highly desirable. A
bilingual candidate (English/
Spanish) is also desired.

COMPENSATION
The annual salary range for the in-
coming Assistant City Manager is
$129,000 to $177,500; placement
within this range is dependent upon
experience and qualifications. The
City also offers an excellent benefits
package, including but not limited to:
174

City operations are assisted by 41 full-
time and approximately 95 part-time
seasonal staff and is supported by a
FY 2023-24 total budget of $28.6 million.

The City’s major revenue sources in-
clude property, sales, and transient
occupancy tax.

ASSISTANT

8.00% for PEPPRA employees.

Health Insurance – The City provides the majority of the health insurance annual premium under the CalPERS program for eligible employees and their eligible dependents.

Dental Insurance – The City provides a dental plan with 100% of the premium paid by the City for employees and their dependents.

Voluntary Vision Insurance – Employees have the option to elect coverage for themselves and their dependents at their own expense.

Other Benefits – Workers’ Compen-
sation, Life Insurance, Fitness Program
* The City does not participate in
Social Security, but does participate
in Medicare contributions.

TO APPLY
If you are interested in this outstanding
opportunity, please apply online at:
www.bobmurrayassoc.com
Filing Deadline:

If you have any questions, please do not
hesitate to call Ms. Yasmin Beers at:
(916) 784-9080
176
CITY

MANAGER
CITY

MANAGER
CITY
CITY
CITY

MANAGER

MANAGER
CITY

MANAGER
Vision Insurance – City paid coverage for employees and their eligible dependents.

Life Insurance – City paid basic term life insurance, including AD&D, equal to the employee’s annual salary (up to $300,000) and dependent life insurance of $5,000 per eligible dependent.

Disability Insurance – City paid Short- and Long-Term Disability insurance coverage.

Flexible Spending Accounts – Medical and Dependent Care Flexible Spending Accounts are available for annual participation.

Deferred Compensation – City contributes $3,536 per year to a 457 plan, and will match $1,000 per year by the employee, for a total benefit of $4,536 per year. Contribution to a 401(a) plan may be available.

Vacation – Up to 6.67 Hours Semi-Monthly, or 160 Hours (4 Weeks)/Year.

Maximum bank accrual is 400 Hours. At the end of seven (7) years and again at the end of twelve (12) years of City service in an Executive Man- agement position, employees are granted an additional two weeks (80 hours) of vacation accrual for that year.

Annual Vacation Leave Cash Out – After utilizing 40 hours of vacation dur- ing the fiscal year, Executive Management is eligible to cash out up to 120 hours of accrued vacation in July of each year.

Sick Leave – 96-hour-bank granted upon employment and additional accru- als of 2 hours semi-monthly beginning after 6 months of employment.

Holidays – 10 paid holidays (9 hours/holiday) and 2 optional floating holidays (9 hours/holiday) per year.

Winter Holiday Break – 18 hours of Winter Holiday hours per year, which may be used during City Hall closure between Christmas and New Year’s Day (De- cember 25th to January 1st).

Administrative Leave – Up to 80 hours per fiscal year.

Auto allowance – $380 per month.

Flexible Workweek – A 9/80 workweek is available. City Hall is closed on al- ternating Fridays.

Other Benefits – Wellness Program, Tuition Reimbursement, Student Loan Forgiveness.

TO APPLY
If you are interested in this outstanding
opportunity, please apply online at:
www.bobmurrayassoc.com
Filing Deadline:

May 5, 2023
Following the closing date, resumes
will be screened according to the
qualifications outlined above. The most
qualified candidates will be invited to
personal interviews with Bob Murray &
Associates. A select group of candidates
will be asked to provide references
once it is anticipated that they may be
recommended as finalists. References
will be contacted only following can-
didate approval. Finalist interviews
will be held with the City of Ventura.

Candidates will be advised of the status
of the recruitment following selection
of the City Manager.

If you have any questions, please do not
hesitate to call Ms. Yasmin Beers at:
(916) 784-9080
PHOTO CREDIT: TAMMY SIMS
PHOTO CREDIT: J. SCHAF
177

THE COMMUNITY
The beautiful, coastal community of Ventura
is considered one of the most desirable
places to live, offering miles of beaches and
oceanfront recreation. Incorporated in 1866,
the City has a rich history and is home to Mission
Basilica San Buenaventura, the ninth of the California
missions. Encompassing diverse art, architecture and
cultural heritage, Ventura is known for its friendly people and phe- nomenal climate. Surfers’ Point and historic Downtown (with shopping, music, and nightlife) are just a few of Ventura’s gems. For seaside fun, the Ventura Harbor, on the southern end of the city, offers more shops, restaurants, and family friendly fun, including pedal boats for rent.

Outdoor activities abound with biking, hiking, kayaking, sailing, surfing, and more. More than a surf town, the City has an expansive, 800 acres of open, green space, a state-of-the-art aquatic center, and an impressive 32 parks.

The Ventura Botanical Gardens is a 107-acre world-class site with spectacular views of the California coastline. Ventura has a charming, small-town feel, along with a mix of more than 12,000 businesses and a City government committed to economic vitality. It’s not a surprise that companies like Patagonia, The Trade Desk, and XponentialWorks, are headquartered in the City.

To learn more about Ventura, visit: www.visitventura.com.

THE CITY
The City of Ventura is a business-friendly community with a refreshing mix of sophisticated urban destinations and small-town escapes. Ventura is a Charter City operating with a Council/City Manager form of government. There are seven Councilmembers, each elected by Districts. The Mayor serves a term of two years and has the responsibility to act as the City Council’s ceremonial representative at public events and functions. Councilmembers serve staggered four-year terms. The City Council appoints the City Manager and the City Attorney.

The City also has legislative bodies consisting of boards, commissions, and committees that call upon its residents to participate meaningfully in decisions that affect them. Residents may apply to serve on a volunteer board, com- mission, or committee that assists and advises the City Council on various programs and projects.

The City of Ventura is a full-service municipality with fire, police, and utilities, serving 109,000 residents. Nearly 700 full time employees, in 11 departments, focus on delivering key services to businesses, residents and visitors to ensure the City remains a fiscally stable, safe,
and vibrant community. The City is
currently updating its General
Plan to establish long-term
growth and maintain the
wonderful and unique
character of Ventura. The
General Plan articulates
a shared vision for the
future and a set of
goals, policies, and
concrete actions that
can be pursued. Ventura has a general
fund operating budget of $398.3 Million
for FY 22/23.

THE POSITION
The City Manager is the Chief Executive
Officer of City government and provides
overall organizational leadership and
efficient administration of city affairs.

Responsibilities include comprehensive
management and leadership for the
organization, policy development and
interpretation, administration of pro-
grams, processes, and functions, and
oversight of about 700 staff. The City
Manager will advise the City Council
on policy matters and carry out the
policy directives of the City Council. The
City Manager will also ensure effective
delivery of programs, services, and
projects guided by the City’s General
Plan. The City Manager will prepare the
annual budget and advise City Council
on the City’s financial status and issues,
recommending long and short-range
plans for the City. The City Manager
will also build a culture of mutual trust
and respect with City Council, City
staff, and with the community.

Other duties include, but are not limited
to:
• Preparing and submitting to the City
Council reports of finance and admin -
istrative activities, keeping the City
Council advised of financial conditions,
program progress, and present/future
needs of the City.
• Implementing recommendations of
the development review process;
defining and developing a plan for
improvements to the wellness district;
working with businesses and enhanc -
ing the business incubator program
for the City’s economic development.
• Working in partnership with the
County to develop a homelessness
plan to include conducting an analysis
with community, department, agency,
and stakeholder engagement.
• Developing incentives that would en -
courage environmental sustainability
through the use of green tech-
nology; reviewing priorities
contained in the Climate
Action and Resiliency Plan
(CARP) and developing a
list of targeted green tech -
nologies with incentives
for Council consideration.
• Overseeing the enforce-
ment of all City ordinances.
• Maintaining good relation-
ships with residents, busi-
nesses, and other individuals,
groups, and outside agencies
having an interest or potential interest
in affairs of City concern.
• Managing multi-year goals, such as the Citywide Classification and Compensation Study, Historic Preservation Process, and Fire Department Strategic Plan.
•Implement incentives for economic development to help bring new businesses into the City.

THE IDEAL CANDIDATE
The City is seeking an experienced, team oriented, and innovative leader. The successful candidate will serve effectively as the administrative agent of the City Council, and will have knowledge of federal and state laws, and rules and regulations. The City Manager will be a collaborative and transparent leader advocating for the City’s interests, working to increase the City’s influence as a leader in the region. The City of Ventura is looking for a leader who prioritizes community engagement, actively listens, communicates effectively, and thinks strategically. Candidates who will nurture an environment of trust, both in the organization and the community, will do well in this role.

The ability to promote a culture of exceptional customer service internally and externally is of principal importance to the City Council. The incoming City Manager will
have a customer service mindset and will listen to the
needs and concerns of the community. The ideal can-
didate will be approachable and ready to roll up their
sleeves to meet the challenges, changes, and opportunities that Ventura holds. The new City Manager will instill trust and inspire confidence with City Council, department directors, staff and within the community. The new City Manager will keep City Council well informed, provide well supported recommenda- tions, and will be respectful and responsive in implementing Council policies. The City Manager must have knowledge of principles and practices of public administration, budgeting, personnel adminis- tration, organization, and management.

Qualified candidates possess a Bachelor’s degree in public administration or related field, with a robust financial background.

A Master’s degree in public or business administration is preferred. Experience as a City Manager,
Assistant City Manager, or Department
Director (in a community of comparable
size and complexity), with many years
of increasingly responsible manage-
ment experience in a local public or
private agency is essential.

COMPENSATION
The annual salary for the City Manager
is $236,417 - $316,800; placement within
this range is dependent upon qualifi-
cations and experience. The City also
offers an attractive benefits package
including:

Retirement – CalPERS*
Tier I – 2% @ 55; single highest year
of compensation (Classic CalPERS
members first employed by the City
of Ventura and established CalPERS
membership prior to 7/23/11).

Tier II – 2% @ 60; three-year final com -
pensation period (Classic members
with less than a six month break in
service from another CalPERS agency).

Tier III – 2% @ 62; three-year final
compensation period (new CalPERS
members).
* The City does not participate in
Social Security.

Medicare – Employees partici-
pate only in the Medicare
portion of Social Security.

There is a 1.45% pay-
roll deduction for this
benefit.

Retirement Health
Savings Plan (RHS) –
Executive Managers
contribute 1% of salary
for 1-14 years of service
with the City.

Medical/Dental Insurance –
City contribution of up to $865 per
month towards a selection of plans.

Optional Benefits Plan – City contri-
bution of $549 monthly, to be applied to
medical and dental insurance premiums.

If enrolled in a City medical insurance
plan, unused Optional Benefit dollars
are cashed out semi-monthly.

PHOTO CREDIT: TAMMY SIMS
178

To learn more about Ventura, visit: www.visitventura.com.

THE POSITION
The City Manager is the Chief Executive
Officer of City government and provides
overall organizational leadership and
efficient administration of city affairs.

Qualified candidates possess a Bachelor’s degree in public administration or related field, with a robust financial background.

Retirement – CalPERS*
Tier I – 2% @ 55; single highest year
of compensation (Classic CalPERS
members first employed by the City
of Ventura and established CalPERS
membership prior to 7/23/11).

Tier II – 2% @ 60; three-year final com -
pensation period (Classic members
with less than a six month break in
service from another CalPERS agency).

Tier III – 2% @ 62; three-year final
compensation period (new CalPERS
members).
* The City does not participate in
Social Security.

Medicare – Employees partici-
pate only in the Medicare
portion of Social Security.

There is a 1.45% pay-
roll deduction for this
benefit.

Retirement Health
Savings Plan (RHS) –
Executive Managers
contribute 1% of salary
for 1-14 years of service
with the City.

Medical/Dental Insurance –
City contribution of up to $865 per
month towards a selection of plans.

Optional Benefits Plan – City contri-
bution of $549 monthly, to be applied to
medical and dental insurance premiums.

If enrolled in a City medical insurance
plan, unused Optional Benefit dollars
are cashed out semi-monthly.

PHOTO CREDIT: TAMMY SIMS
179
CITY