Agenda packet — Aliso Viejo City Council, May 15, 2024 (part 1 of 2)

AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, MAY 15, 2024
6:00 PM STUDY 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 Chambers. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.

It is the City's intention to comply with the Americans with Disabilities Act (ADA) . If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102- 35.104 ADA Title II] Please contact the City Clerk's Office at (949) 425-2505 at least 48 hours prior to the meeting.

Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the 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

1 1

PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

STUDY SESSION:

FISCAL YEAR 2024-25 DRAFT ANNUAL BUDGET AND FINANCIAL FORECAST FY 2024-25 Budget Presentation

CALL TO ORDER: Convene Regular Meeting

ROLL CALL

PLEDGE OF ALLEGIANCE:

1. SPECIAL PRESENTATIONS:

1.1 PROCLAMATION - DROWNING PREVENTION AWARENESS

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

3. COMMUNITY INPUT:

Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Address City Council" form available at the entrance to the City Council Chambers. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed. Comments are limited to three (3) minutes per speaker.

4. CONSENT CALENDAR:

All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.

4.1 WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

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4.2 APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the May 1, 2024 Special Meeting and the May 1, 2024 Regular Meeting.

Draft Minutes - May 1, 2024 Special Meeting
Draft Minutes - May 1, 2024 Regular Meeting

4.3 ACCOUNTS PAYABLE
Recommended Action:

1. Ratify accounts payable checks and electronic funds transfers issued on April 10, 2024, in the amount of $5,380.87; and

2. Ratify accounts payable checks and electronic funds transfers issued betwee n April 12, 2024, and April 25, 2024, in the amount of $375,536.93.

Staff Report
Attachment 1 - Accounts Payable Report

4.4 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 two-year term, increases the total compensation under the agreement by $50,000.00, and amends the contractor compensation rates; and

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

Staff Report
Attachment 1 - Agreement Amendment

4.5 FIRST AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE, INC.

FOR LANDSCAPE MAINTENANCE SERVICES
Recommended Action:

1. Approve a first amendment to the agreement with Nieves Landscape, Inc. to perform landscape maintenance services that renews the agreement for an additional one- year term and increases the total compensation under the agreement by $200,000 for a total agreement amount of $890,000; and

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

Staff Report
Attachment 1 - Agreement Amendment

4.6 THIRD AMENDMENT TO THE AGREEMENT WITH BEAR ELECTRICAL

SOLUTIONS FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
Recommended Action:

1. Approve a third amendment to the agreement with Bear Electrical Solutions (BES) to perform traffic signal maintenance services that extends the term five years and increases the total compensation under the agreement by $1,000,000 for a total agreement amount of $2,309,000; and

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

Staff Report
Attachment 1 - Agreement Amendment

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4.7 AGREEMENT WITH AQUATIC SERVICES, INC. FOR AQUATIC CENTER

EQUIPMENT MAINTENANCE SERVICES
Recommended Action:

1. Award an Agreement to Aquatic Services, Inc. for Aquatic Center Equipment Maintenance Services for an initial term of three years totaling $150,000; and

2. Authorize the City Manager to execute the Agreement for Aquatic Center Equipment Maintenance Services with Aquatic Services, Inc.

Staff Report
Attachment 1 - Agreement

4.8 PROFESSIONAL SERVICES AGREEMENT WITH WESTERN AUDIO VISUAL FOR

AUDIO/VISUAL HARDWARE COVERAGE AND SUPPORT SERVICES
Recommended Action: Approve and authorize the City Manager to execute a professional services agreement with Western Audio Visual in the amount of $59,000 for a three - year hardware warranty and ongoing system support for audio/visual equipment at the Council Chambers, Aliso Viejo Center, and Aliso Viejo Ranch.

Staff Report
Attachment 1 - Agreement
Attachment 2 - Scope of Services

5. PUBLIC HEARINGS:

5.1 ZONE CHANGE FOR 1 POLARIS WAY
Recommended Action: Hold a public hearing and introduce for first reading an Ordinance entitled: 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 “PROFESSIONAL OFFICE” DISTRICT AT 1 POLARIS WAY AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTIONS 15060 AND 15061.

Staff Report
Attachment 1 - Ordinance
Attachment 2 - Presentation

5.2 CONDITIONAL USE PERMIT FOR A NEW BOWLING ALLEY WITH LIVE

ENTERTAINMENT, A VIDEO GAME ARCADE, AND A RESTAURANT WITH ALCOHOL SERVICE AT 26503 ALISO CREEK ROAD (USE-2023-00028) Recommended Action:

1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and

2. Adopt a Resolution approving Conditional Use Permit for a new bowling alley with live entertainment, a video game arcade, and a restaurant with alcohol service at 26503 Aliso Creek Road (USE-2023-00028).

Staff Report
Attachment 1 - Resolution
Attachment 2 - Applicant's Project Description Letter
Attachment 3 - Project Plans
Attachment 4 - Police Services Report
Attachment 5 - Noise Analysis Report
Attachment 6 - Presentation
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5.3 CONDITIONAL USE PERMIT AND A SITE DEVELOPMENT PERMIT REQUEST

FOR AN INDOOR RECREATIONAL CLIMBING AND FITNESS FACILITY (SENDER ONE) AND TO RAISE A PORTION OF THE ROOF TO 50’ IN HEIGHT AT 26505 ALISO CREEK ROAD (USE-2023-00030/SDP-2023-00010)
Recommended Action:

1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities);and

2. Adopt a Resolution approving a Conditional Use Permit for an indoor recreational climbing and fitness facility and a Site Development Permit to raise a portion of the roof to 50’ in height at 26505 Aliso Creek Road (USE -2023-00030/SDP-2023- 00010).

Staff Report
Attachment 1 - Resolution
Attachment 2 - Applicant Letter
Attachment 3 - Project Plans
Attachment 4 - Presentation

6. DISCUSSION:

6.1 ON-STREET PARKING – COLUMBIA AND JOURNEY
Recommended Action:

1. Approve an applicant request to modify the lane configuration on Columbia to allow for on-street parking;

2. Approve a Staff request to modify the lane configuration on Journey to allow for on-street parking;

3. Authorize Staff to finalize parking/lane configuration and complete the work on Columbia; and

4. Authorize Staff to finalize parking/lane configuration and complete the work on Journey.

Staff Report
Attachment 1 - Applicant Request

6.2 FISCAL YEAR 2023-24 FINANCIAL UPDATE
Recommended Action:

1. Receive and file the fiscal year (FY) 2023-24 financial update;

2. Authorize an increase in revenue estimates by $3,645,297 and increase budget appropriations by $2,169,000 to the adopted FY 2023- 24 General Fund Budget; and

3. Authorize the additional appropriation of $35,000 in Gas Tax, $48,992 in State Grants, and $139,546 in Integrated Waste Management funds to the FY 2023- 24 Budget.

Staff Report
Attachment 1 - Presentation

6.3 REQUEST TO AUTHORIZE USE OF CITY LETTERHEAD BY MAYOR MUNZING Recommended Action: Consider authorizing the use of City letterhead for a letter of opposition to Harm Reduction Institute’s syringe services program application for a program in the City of Santa Ana.

Staff Report
Attachment 1 - Request from Santa Ana Mayor
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7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

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

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Fiscal Year 2024-25
Draft Annual Budget &
Financial Forecast
May 15, 2024
City Council Study Session
7 FY 2024-25 General Fund Estimated Revenues
• Property Tax - $10.2M
• Higher interest rates
• Decrease in sales activity
• Lower median home prices
• Valuation appeals
• Sales Tax - $9.4M
• Hunt&Sons - $2.5M
• TESLA - $0.5M
• Growth - 1%
AV Detached Single Family Residential
Revenue By Business Group – Q3 ‘2023
Source: HDL 2
8 FY 2024-25 General Fund Estimated Revenues
Transient Occupancy Tax - $1.6M Franchise Fees - $1.7M
3 9
FY 2024-25 General Fund Estimated Revenues
4 Property
Tax
37%
Sales Tax
35%
TOT
6%
Franchise Fees
6%
Recreation
6%
Lic&Permits
4%
Fines &
Forfeitures
1%
Investments
2%
Other
3%
General Fund Source
FY 2022-2023
Actuals
FY 2023-2024
Revised
Budget
FY 2024-25
Draft Budget
Property Tax 9,459,526$ 9,731,500$ 10,179,100$ Sales Tax1 6,244,171 8,450,641 9,400,000 TOT 1,570,525 1,600,000 1,600,000 Franchise Fees 1,741,999 1,740,000 1,661,670 Recreation 1,656,346 1,550,000 1,685,500 Building & Planning 1,382,776 1,100,000 1,100,000 Fines & Forfeitures 227,896 300,000 185,000 Investment Earnings 321,058 650,000 495,000 Other 4,462,739 1,250,000 890,708 Total Resources 27,067,036$ 26,372,141$ 27,196,978$ 1 Sales tax includes an estimated $500,000 from Tesla in FY 24-25 draft budget. 10 FY 2024-25 General Fund Appropriations
• Salaries and Benefits
• Cost of Living Adjustment of 2.8% - $110K
• CalPERS Unfunded Pension Liability - $123K
• Annual Performance - $125K
• Health Benefits - $37K
• Sales Tax Subsidies
• Hunt & Sons - $1.6 Million (Net - $910K)
• EFuel - $715K (Net - $535K)
• Safety Element Update - $50K
• Additional Code Enforcement Activities - $53K
• Elections - $50K
511
FY 2024-25 General Fund Appropriations
• Public Safety
• Law Enforcement
• Total Contract Cost $10.8M
• Includes both motor officer positions
• Includes MOU increases of 5% effective 6/28/2024
• Animal Control - $531K
• 12.1% increase
• Crossing Guards - $278K
• 8.3%
612
FY 2024-25 General Fund Appropriations
7 Public Safety
42%
Public Works
7%
Econ Dev
8%
Comm
Dev
7%
Comm
Services
12%
Admin & Support
18%
Debt Service
2%
CIP
2%
City Hall
1%
Transfers
1%
In Millions
OCSD – $10.7
Other - $0.3
Animal Control - $0.5
EOC - $0.1
Council - $0.2
CM - $0.8
HR - $0.2
Govt Services - $0.6
City Attorney - $0.5
Finance - $0.9
IT - $1.1
Central Svcs - $0.7
Admin - $0.3
Iglesia - $0.4
Farm - $0.3
Recreation-$2.1
General Fund
Appropriations
FY 2022-23
Actuals
FY 2023-2024
Revised
Budget
FY 2024-25
Draft
Budget
Change from
FY 2023-24
Admin & Support 4,697,320$ 5,094,506$ 5,035,450$ -1% Community Services 2,802,609 3,029,492 3,174,787 5% Comm & Econ Dev 2,495,596 4,083,455 4,190,626 3% Public Works 1,664,540 1,874,530 1,954,100 4% Public Safety 10,038,157 10,326,047 11,649,800 13% City Hall 201,312 233,518 249,290 7% Debt Service 658,747 658,250 658,050 0% Capital Improvement 445,321 584,963 498,000 -15% Transfers 217,503 183,840 201,402 10% Total General Fund 23,221,105$ 26,068,601$ 27,611,505$ 6% 13 FY 2024-25 General Fund Appropriations
8 OCSD, 39%
Salaries &
Benefits, 21%
Subsidy Payments,
8%
Building & CE, 2%
Debt Service, 2%
Animal Control, 2%
CIP, 2%
Legal Services, 2%
Street Maint.&
Inspection, 2%
Insurance, 1%
TOP 10 CITY EXPENDITURES
ColuAppropriation
FY 2024-25
Draft Budget % of Total
1 OCSD 10,711,083$ 39%
2 Salaries & Benefits 5,734,144 21%
3 Subsidy Payments 2,305,000 8%
5 Building & CE 687,800 2%
4 Debt Service 658,050 2%
6 Animal Control 530,621 2%
7 CIP 498,000 2%
8 Legal Services 488,750 2%
9 Street Maint.& Inspection 443,700 2%
10 Insurance 408,255 1%
Top 10 City Expenditures 22,465,403$ 81%
Total Budget 27,611,505$ 100%
14 FY 2024-25 – Recreation / AV Ranch
9 Revenue
FY 2022-23
Actuals
FY 2023-24
Revised
Budget
FY 2024-25
Draft
Budget
Facility Revenue 476,386$ 450,800$ 500,000$ Other Income 66,134 66,200 117,500 Contract Classes 665,316 555,000 610,000 City Camps 98,776 108,000 108,000 Farm 349,729 350,000 350,000 Total Revenue 1,656,341$ 1,530,000$ 1,685,500$ Expenditure
FY 2022-23
Actuals
FY 2023-24
Revised
Budget
FY 2024-25
Draft
Budget
Salaries & Benefits (75%) 669,517$ 817,295$ 831,094$ Technology Services 66,324 122,320 120,950 Instructor Payments 409,544 333,000 391,000 Building & Grounds Maint. 255,297 292,800 310,601 Advertising & Promotion 173,575 100,000 115,155 City Camp 45,081 59,000 64,000
Supplies 33,309 37,700 48,500
Taxes/Fees/Permits 35,328 31,000 57,200 Summer Scholarship 5,653 6,000 6,000 Training/Memberships 5,233 24,320 16,390 Farm 345,667 335,000 325,000
Subtotal 2,044,527 2,158,435 2,285,890
Debt Service 655,750 658,250 658,250 Capital Improvement 204,814 - - Total 2,905,091$ 2,816,685$ 2,944,140$
Net Income for Ranch (1,248,750)$ (1,286,685)$ (1,258,640)$ Other Community Services Expenditures:
• Special Events - $137K
• Iglesia - $424K
• Community Grants - $33K
• Senior Mobility Program - $7K
15 FY 2024-25 Capital Improvement Program
• City Hall HVAC Replacement - $226,000
• $113,000 – Energy Efficiency and Conservation Block Grant • $113,000 – General Fund (50% match)
• Iglesia Park Court Resurfacing - $30,000
• Vista Park Surfacing - $60,000
• AV Aquatic Center - $275,000
• Wetlands - $20,000
Total General Fund - $498,000
Grants - $113,000
1016
FY 2024-25 Capital Improvement Program
Streets
• Street Rehab Design - $70,000
• Aliso Creek Rehabilitation - $870,000
• Enterprise to SR 73
• Glenwood Drive Rehabilitation - $1,530,000
• SR73 to Aliso Creek Road
• Curb Ramp ADA Improvements - $237,893

Special Revenue Funds - $2,707,893

1117
FY 2024-25 BUDGET SUMMARY
12 Resources1
27,196,978$
Appropriations (Operating) (27,113,505)
Estimated Year-End Surplus (Deficit) 83,473$
Capital Improvement 498,000
Use of Reserves (498,000)
Estimated Beginning General Fund Balance 34,729,639$
Estimated Year-End General Fund Balance 34,315,112$
Estimated Change in Fund Balance (414,527)
1 Resources include an estimated $500,000 for Tesla.

FY 2024-25 General Fund Budget
18 Fund Balance & Budget Policies
13 FY 2022-23
General Fund
Fund Balances
Non-Spendable: Prepaid 55,046$
Restricted
Assigned to:

Contingencies 3,498,990
Self-Insurance/Benefit Obligations 600,000
Asset Replacement 13,173,633
Emergencies 11,266,779
Unassigned 5,831,651$
Total Fund Balance 34,426,099$
• Reserves
• 15% for Emergencies/Catastrophic Impacts
• Contingencies - Unexpected Shortfalls or expenses
• Self-Insurance
• Asset Replacement
• 50% of Accumulated Depreciation
• Unassigned Fund Balance
• 25-35%

19 5-Year Revenue Forecast – General Fund
• Revenue Assumptions
• Property Tax - 3%
• Sales Tax - 2-3%
• TESLA - $500K to $750K by 2028-29
• TOT - 1.5%
• Franchise Fees
• 3% to Utilities
• Continual decline in Cable
• City Hall Lease Agreement Expirations
• Recreation - Includes Fee Adjustments
• Licenses & Permits – 1.5%
1420
5-Year Revenue Forecast – General Fund
15 General Fund Source
FY 2024-25
Draft Budget
FY 2025-26
Forecast
FY 2026-27
Forecast
FY 2027-28
Forecast
FY 2028-29
Forecast
Property Tax 10,179,100$ 10,413,413$ 10,749,339$ 11,191,905$ 11,542,140$ Sales Tax 9,400,000 9,705,962 9,968,230 10,244,202 10,552,988 TOT 1,600,000 1,624,000 1,648,360 1,673,085 1,698,182 Franchise Fees 1,661,670 1,642,633 1,632,498 1,630,095 1,634,437 Recreation 1,685,500 1,709,820 1,773,190 1,776,660 1,780,235 Lic&Permits 1,100,000 1,116,500 1,133,248 1,150,246 1,167,500 Fines & Forfeitures 185,000 185,000 185,000 185,000 185,000 Investments 495,000 250,000 250,000 250,000 250,000 Other 890,708 621,030 633,451 646,120 659,042 Total Resources 27,196,978$ 27,268,358$ 27,973,315$ 28,747,314$ 29,469,524$ Percentage Change 3% 0% 3% 3% 3%
1 Sales Tax includes $500,000 - $750,000 by FY 2028-29. 21 5-Year Expenditure Forecast – General Fund
• CPI - Average 3-4%
16 • Salaries/Benefits
• COLAs & Merit Increases
• Health Benefits – 10%
• PERS UAL
• Street Maintenance MOE
• Est. to increase to $612,000 in FY 2026-27
• OCSD
• 4% for FY 2025-26
• New labor Agreements - 5% annually
• Animal Services - 10%
• Building & Code Enforcement
• Renewal in FY 2028 – 3% CPI
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
126,925$ 145,300$ 161,900$ 175,000$ 210,000$ 22 5-Year Forecast – General Fund
• Expenditures
• Insurance Premiums - 10%
• Utilities - 10%
• Legal Services - CPI 3-4%
• NPDES Permits - 15%
• Election Costs, FY 26-27 & FY 28-29
• Crossing Guards - 8%
1723
Five-Year General Fund Forecast - CIP
18 Facility FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Aliso Viejo Center -$ 420,000$ 40,000$ 75,000$ 115,000$ AV Aquatic Center
IT - 84,000 - - - Public Works 275,000 80,000 195,000 182,500 30,000 V Aquatic Center Subtotal 275,000$ 164,000$ 195,000$ 182,500$ 30,000$ City Hall
Finance - 35,296 32,525 34,151 35,859 IT - 334,200 124,500 28,000 120,000 Public Works 113,000 3,000 220,000 30,000 - City Hall Subtotal 113,000$ 372,496$ 377,025$ 92,151$ 155,859$ Iglesia Park
IT - 28,000 - - - Public Works 30,000 15,000 85,000 30,000 25,000 Iglesia Park Subtotal 30,000$ 43,000$ 85,000$ 30,000$ 25,000$ AV Ranch
IT - 173,000 - - - Public Works - 161,000 5,000 360,500 656,250 AV Ranch Subtotal -$ 334,000$ 5,000$ 360,500$ 656,250$ Stormwater 20,000$ 22,000$ 24,200$ 26,620$ 29,282$ Vista Park 60,000$ -$ -$ -$ -$ TOTAL CAPITAL NEEDS 498,000$ 1,355,496$ 726,225$ 766,771$ 1,011,391$ 24 Five-Year General Fund Forecast
19 Department
FY 2024-25
Draft Budget
FY 2025-26
Forecast
FY 2026-27
Forecast
FY 2027-28
Forecast
FY 2028-29
Forecast
Admin Support 5,035,452$ 5,297,933$ 5,624,828$ 5,745,330$ 6,099,115$ Comm Services 3,174,787 3,378,864 3,544,091 3,727,341 3,924,779 Comm Dev. 1,860,826 1,881,946 1,923,993 1,967,011 2,234,005 Economic Dev. 2,329,800 2,383,292 2,437,616 2,493,034 2,549,568 Public Works 1,954,100 2,117,531 2,250,686 2,356,571 2,470,035 Public Safety 11,649,801 12,171,768 12,807,543 13,478,028 14,185,257 City Hall 249,290 273,868 300,829 330,473 363,069 Debt Service 658,050 657,750 656,984 660,725 658,973 Transfers 201,402 223,556 248,147 275,444 305,742 Operating Budget 27,113,508$ 28,386,509$ 29,794,717$ 31,033,956$ 32,790,544$ Capital Improvement 498,000 1,355,496 726,225 766,771 1,011,391 Total Forecast 27,611,508$ 29,742,005$ 30,520,942$ 31,800,727$ 33,801,935$ 5% 5% 4% 6%Operating Percent Change
25 Five-Year General Fund Forecast
20 $- $- $0.5
$2.5 $2.5 $3.1 $4.3
$34.4 $34.7 $34.3
$31.8
$29.3
$26.2
$21.9
$-
$5.0
$10.0
$15.0
$20.0
$25.0
$30.0
$35.0
FY 22-23
Actuals
FY 23-24
Revised
FY 24-25
Draft
FY 25-26
Forecast
FY 26-27
Forecast
FY 27-28
Forecast
FY 28-29
Forecast
Fund Balance
Resources Appropriations Reserves Fund Balance
Summary
FY 2024-25
Draft Budget
FY 2025-26
Forecast
FY 2026-27
Forecast
FY 2027-28
Forecast
FY 2028-29
Forecast
Total Resources 27,196,978$ 27,268,358$ 27,973,315$ 28,747,314$ 29,469,524$ Expenditures (27,113,508) (28,386,509) (29,794,717) (31,033,956) (32,790,544) Operating Surplus / (Deficit) 83,470 (1,118,151) (1,821,402) (2,286,642) (3,321,020) Capital Improvement (498,000) (1,355,496) (726,225) (766,771) (1,011,391) Total Surplus / (Deficit) (414,530)$ (2,473,647)$ (2,547,627)$ (3,053,413)$ (4,332,411)$ 26 QUESTIONS?
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Special Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
May 1, 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: HONGDAO NGUYEN, ASSISTANT CITY ATTORNEY
PUBLIC COMMENTS:

None.

CLOSED SESSION:

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

Assistant City Attorney HongDao Nguyen stated no reportable action was taken.

ADJOURNMENT: Mayor Munzing adjourned the meeting at 6:52 p.m. to the May 1, 2024 Regular Council Meeting.
28

Page 2 of 2 ends

Special Meeting Minutes
Respectfully submitted: Approved by:
________________________ ________________________

LAUREN TORRES MIKE MUNZING

DEPUTY CITY CLERK MAYOR
29

Page 1 of 7 ends

Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
May 1, 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

HONGDAO NGUYEN, ASSISTANT 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

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

REPORT FROM CLOSED SESSION:

Assistant City Attorney HongDao Nguyen stated no reportable action was taken.

1. SPECIAL PRESENTATIONS:

1.1 BUSINESS OF THE MONTH - PREMIER AQUATICS
Mayor Munzing introduced the video and presented the certificate of recognition to Premier Aquatics Owner Dan Berzansky. Mr. Berzansky expressed his appreciation. 30

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2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

None.

4. CONSENT CALENDAR:

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

Motion: Mayor Pro Tem Ackley moved and Councilmember Hurt 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 17, 2024 Special Meeting and the 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.

4.4 TREASURER’S STATEMENT – MARCH 2024
Recommended Action: Receive and file the 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 31

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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.

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

STREET SWEEPING SERVICES
Public Works Director Shaun Pelletier responded to questions regarding notification of parked vehicles and service quality.

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.

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

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.

4.8 FIRST AMENDMENT TO THE AGREEMENT WITH GREAT SCOTT TREE SERVICES, INC. FOR TREE MAINTENANCE SERVICES
Public Works Director Shaun Pelletier responded to questions regarding the rate increase, service levels, and agreement term. Acting City Manager Mitzi Ortiz provided additional information.

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.

Motion: Councilmember Hurt moved and Councilmember Chun seconded to direct staff to renegotiate a two-year agreement extension with the vendor. Motion carried 5-

0. 32

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4.9 OVERVIEW AND IMPLEMENTATION OF SENATE BILL 553 REGARDING

WORKPLACE SAFETY
Assistant City Attorney HongDao Nguyen provided an overview. Acting City Manager Mitzi Ortiz and Assistant City Attorney HongDao Nguyen responded to questions regarding agenda placement, Senate Bill number, implementation deadlines, and compliance status.

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.

No further action was taken.

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
Acting City Manager Mitzi Ortiz introduced Senior Planner Rose Rivera, who provided an overview. Staff and Consultant Mike Linares responded to questions regarding eligible projects and funding allocations. Mayor Munzing opened the public hearing.

There were no speakers. Mayor Munzing closed the public hearing. Councilmembers commented on the matter.

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.

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

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
33

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Acting City Manager Mitzi Ortiz introduced Community Development Director So Kim, who provided an overview. Staff responded to questions regarding funding allocations, non-profit selection process, prior year funding, application process, and Housing Element certification status. Mayor Munzing opened the public hearing. There were no speakers. Mayor Munzing closed the public hearing. Councilmembers commented on the matter.

Recommended Action: Adopt Resolution No. 2024-11 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.

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

6. DISCUSSION:

6.1 CITY MANAGER EXECUTIVE RECRUITMENT AGREEMENT
Assistant City Attorney HongDao Nguyen provided an overview. Staff responded to questions regarding recruitment timeline. Councilmembers commented on the matter.

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.

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

6.2 SUPPLEMENTAL COST ANALYSIS TO FEBRUARY 21, 2024 INFORMATIONAL

REPORT REGARDING MAYORAL ROTATION POLICIES
Acting City Manager Mitzi Ortiz introduced Assistant City Attorney HongDao Nguyen, who provided an overview. Staff responded to questions regarding a potential ballot measure and current Mayoral rotation procedures. Council discussion ensued.

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.
34

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Motion: Councilmember Hurt moved and Mayor Pro Tem Ackley seconded to direct staff to draft a by-district mayoral rotation policy and ordinance. Motion carried 5-0.

7. CITY MANAGER' S REPORT:

Acting City Manager Mitzi Ortiz announced “Learn about the Opioid Crisis, Fentanyl and Naloxone” forum to be held from 6:00 p.m. to 7:30 p.m. on May 16, 2024, at Aliso Viejo Ranch, and a Spanish language forum to be held from 6:00 p.m. to 7:30 p.m. on June 4, 2024, at Iglesia Park Community Center; and summer recreation program registration.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Chun
 Attended Boys & Girls Club Bocce Ball Tournament
 Met with Orange County Business Council CEO Jeff Ball  Attended Boys & Girls Club Youth of the Month ceremony  Attended Teal Town Tournament
 Attended memorial service for OCFA Captain Robin Culp  Attended Taste of Aliso event
 Attended OCFA Board of Directors Meeting
 Attended Orange County Sheriff’s Department Medal of Valor Luncheon  Attended Canyon Vista Elementary School Carnival
 Attended Aliso Niguel Theatre Company performance
 Attended AVCA Arbor Day Celebration
 Announced Aliso Viejo Youth Council’s Human Trafficking Forum Councilmember Duncan:
 Attended JamFest and Summer Camp Expo
 Attended Taste of Aliso event
 Attended Canyon Vista Elementary School Carnival
Councilmember Hurt:
 Congratulated IT Manager Isaac Aziz on earning master’s degree Mayor Pro Tem Ackley
 Congratulated Jason and Allison Ackley on the birth of their son Jetson Mayor Munzing:
 Attended Taste of Aliso event
 Attended Teal Town Tournament
 Attended Aliso Viejo Chamber of Commerce Networking Mixer  Attended Orange County Sheriff’s Department Medal of Valor Luncheon  Attended JamFest and Summer Camp Expo
 Attended tour of Providence Mission Hospital Mission Viejo  Announced Soka University Peace Festival
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9. ADJOURNMENT: Mayor Munzing adjourned the meeting at 8:39 p.m. to the regularly scheduled meeting of May 15, 2024.

Respectfully submitted: Approved by:
________________________ ________________________

LAUREN TORRES MIKE MUNZING

DEPUTY CITY CLERK MAYOR
36 City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services

SUBJECT: ACCOUNTS PAYABLE
Recommended Actions:

1. Ratify accounts payable checks and electronic funds transfers issued on April 10, 2024, in the amount of $5,380.87; and

2. Ratify accounts payable checks and electronic funds transfers issued between April 12, 2024, and April 25, 2024, in the amount of $375,536.93.

Fiscal Impact:

Expenditures in the amount of $380,917.80.

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 on April 10, 2024, and April 12, 2024, through April 25, 2024, for $380,917.80, are 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
37 Accounts Payable
Description (Item)Vendor Name Amount
103 - GF-AV RECREATION SERVICES

RECREATION SERVICES
MAR'24 CREDIT CARD SERVICE FEES - POSCSG FORTE PAYMENTS, INC 680.55 MAR'24 CREDIT CARD SERVICE FEES - WEBCSG FORTE PAYMENTS, INC 4,700.32 RECREATION SERVICES TOTAL: 5,380.87
GF-AV RECREATION SERVICES TOTAL: 5,380.87
GRAND TOTAL: 5,380.87
Fund Summary
Payment AmountFund Expense Amount
103 - GF-AV RECREATION SERVICES 5,380.875,380.87
5,380.87Grand Total: 5,380.87
04/10/2024
38 Accounts Payable Payable Dates: 04/10/2024 - 04/10/2024 4/24/2024 5:13:22 PM Page 2 of 2
Report Summary
Fund Summary
Payment AmountFund
103 - GF-AV RECREATION SERVICES 5,380.87
5,380.87Grand Total:

Account Summary
Payment AmountAccount Number Account Name
103-4-4105-4561-000 TAXES/FEES/PERMITS 5,380.87
Grand Total: 5,380.87
Project Account Summary
Payment AmountProject Account Key
**None** 5,380.87
Grand Total: 5,380.87
39 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
MAY'24 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,452.82 MAY'24 DENTAL - RHCHOICE BUILDER 96.90
MAY'24 DENTAL - RCCHOICE BUILDER 145.88
MAY'24 DENTAL INSURANCECHOICE BUILDER 1,919.92
MAY'24 VISION - RHCHOICE BUILDER 15.03
MAY'24 VISION - RCCHOICE BUILDER 24.19
MAY'24 VISION INSURANCECHOICE BUILDER 300.18
MAY'24 CALPERS HEALTH PREMIUMCALPERS HEALTH 24,812.11
MAY'24 HEALTH PREMIUM - RCCALPERS HEALTH 2,195.87
MAY'24 HEALTH PREMIUM PEMHCA MINIMUM - RCCALPERS HEALTH 157.00 MAR'24 TRAFFIC CONSULTANT SERVICESSTC TRAFFIC, INC 1,247.50 SDP-2023-00008_35 ENTERPRISE_PLNG DEP REIMB_GREENWGREENWELL ENERGY 5,741.54 JAN-MAR'24 SEISMIC MAPPING FEESDEPT OF CONSERVATION 756.67 JAN-MAR'24 CASP FEESDIVISION OF THE STATE ARCHITECT 15.80 JAN-MAR'24 CA BLDG STANDARD ADMIN FEESCA BUILDING STANDARDS COMMISSION 294.30 BLDR-2023-00419_55 ELDERWOOD_MAIN ST. FLOORINGMAIN STREET FLOORING INC 500.00 BLDC-2023-00105_22912 PACIFIC PRK DR_THE WILD YOGITHE WILD YOGI STUDIO 500.00 BLDC-2023-00100_35 ENTERPRISE_CLEAN ROOMS WESTCLEAN ROOMS WEST 500.00 CD-2024-00014_16 CAMEO DR_ALINE TRUONGALINE TRUONG 500.00 CD-2023-00058_85 ENTERPRISE_KPRS CONST. SERVICESKPRS CONSTRUCTION SERVICES INC 2,400.00 43,575.71

CITY COUNCIL
RC 3/18-3/19/24 T&E REIMBURSEMENT - OCBC ADV. TRIPROSS CHUN 797.23 LL 3/8 COURTYARD BY MARRIOTT-R.CHUN 3/18-19US BANK PURCHASING CARD PROGRAM 185.45 CITY COUNCIL TOTAL: 982.68

CITY MANAGER
MAY'24 LIFE INSURANCE - DDUNITED OF OMAHA LIFE INSURANCE CO. 96.16 MAY'24-PG-HEALTH PREMIUMCALPERS HEALTH 157.00
DD 2/23 EXPEDIA-ICSC CONFERENCE HOTELUS BANK PURCHASING CARD PROGRAM 692.07 DD 3/06 LAZ PARKINGUS BANK PURCHASING CARD PROGRAM 5.00 CITY MANAGER TOTAL: 950.23

HUMAN RESOURCES
JAN-FEB '24 TB TESTS & EMPLOYEE EXAMSOC FAMILY MEDICINE 410.00 2/5 ACCT/PAYROLL BACKGROUND CHECKSMARTHIRE, A DIVISION OF KROUT & SCHNEIDER, INC 62.00 HUMAN RESOURCES TOTAL: 472.00

CITY CLERK
MAR'24 LEGAL NOTICESCALIFORNIA NEWSPAPERS PARTNERSHIP 930.02 MO-4/3-4/5/24 CCAC CONF SD REIMB_MILEAGEMITZI ORTIZ 121.94 FEB'24 CC AWARDS & RECOGNITION_RETURNSTAPLES ADVANTAGE (166.80) LL 3/13 COSTCO ANNUAL MMBSHP RENEWALUS BANK PURCHASING CARD PROGRAM 120.00 CITY CLERK TOTAL: 1,005.16

CITY ATTORNEY
MAR'24 BBK LITIGATION - CCBEST BEST & KRIEGER 106.90
MAR'24 BBK GENERAL RETAINER LEGAL SERVICESBEST BEST & KRIEGER 24,150.00 MAR'24 BBK AGENDA REPORTS (NON-RETAINER)BEST BEST & KRIEGER 1,502.80 MAR'24 BBK LABOR & EMPLOYMENT (SPECIALIZED)BEST BEST & KRIEGER 13,836.60 MAR'24 BBK LABOR & BENEFITSBEST BEST & KRIEGER 1,193.90 MAR'24 BBK CEQA & ENVIRONMENTAL (SPECIALIZED)BEST BEST & KRIEGER 520.00 MAR'24 MAJOR GENERAL PLAN UPDATE(SPECIAL PROJECTS)BEST BEST & KRIEGER 1,242.70 MAR'24 BBK NPDES NEW PERMIT (NON-RETAINER)BEST BEST & KRIEGER 606.90 MAR'24 BBK GENERAL LITIGATIONBEST BEST & KRIEGER 594.40 MAR'24 BBK GENERAL PLAN TOWN CTR SPECIFIC PLANBEST BEST & KRIEGER 1,618.40 CITY ATTORNEY TOTAL: 45,372.60
04/25/2024
40 Description (Item)Vendor Name Amount

FINANCE
MAY'24 ADMIN FEECHOICE BUILDER 35.00
MAY'24 CALPERS ADMIN FEECALPERS HEALTH 85.62
MAY'24 CALPERS ADMIN FEECALPERS HEALTH 7.53
FEB'24 PARS REP FEESPARS 300.00
MAR'24 FIN OFFICE SUPPLIESSTAPLES ADVANTAGE 160.81
JAN-MAR'24 INVESTMENT ADVISORY SERVICESMEEDER PUBLIC FUNDS, INC. 3,750.00 FINANCE TOTAL: 4,338.96

INFORMATION TECHNOLOGY
3/06/24-4/05/24 CH AT&T CALNET ALARM/POTS LINEAT&T 2,909.11 APR'24 ACCT #0202 CH CABLE TVCOX COMMUNICATIONS, INC 184.96 APR'24 ACCT #8802 CH INTERNET-FIBER 600MBCOX COMMUNICATIONS, INC 1,500.00 MAR'24 ACCT#9302 LAB INTERNETCOX COMMUNICATIONS, INC 85.39 MAR'24 ENERGOV & GISJOSE RUEL FABELLA DIRA 2,200.00
APR'24 CH AT&T FIBER INTERNET SERVICEAT&T 1,695.39
3/5/24-3/5/29 ACRONIS CLOUD BACKUPSHI INTERNATIONAL CORP 8,863.09 INFORMATION TECHNOLOGY TOTAL: 17,437.94

NON-DEPARTMENTAL
MAR'24 VISTA PARK MAINTENANCEPV MAINTENANCE INC 965.00
2504 BACK OFFICE PRINTS (4542)RICOH USA 109.83
APR'24 CH & STE 200 FIRST AID SUPPLIESCINTAS CORPORATION NO. 2 153.08 MAR'24 COPY&BREAKROOM SUPPLIES NON DEPARTMENTALSTAPLES ADVANTAGE 87.65 APR'24 89 PLAYA CIR HOA FEESGLENWOOD MAINTENANCE CORPORATION 154.00 DL 2/27 OFFICE SIGN CO - NAME PLATE - M MARTINEZUS BANK PURCHASING CARD PROGRAM 42.32 EM 3/18 BLISS CAR WASH - FORD F150 CAR WASHUS BANK PURCHASING CARD PROGRAM 35.00 EM 3/13 WINDSHIELD REPAIR-EMER MGR RAV4 LP 1475148US BANK PURCHASING CARD PROGRAM 95.00 LL 2/28 READY REFRESH CH FILTRATION & SVCUS BANK PURCHASING CARD PROGRAM 166.75 LL 3/14 COSTCO BUSINESS CENTER DELIVERYUS BANK PURCHASING CARD PROGRAM 262.62 LL 3/13 TONY PEPPERONIS-CLSD SESSION MTG 3/13US BANK PURCHASING CARD PROGRAM 85.54 LL 3/5 RALPHS-VEG TRAY & COKIES_CTY&AVCA MTGUS BANK PURCHASING CARD PROGRAM 18.97 LL 3/20 BEYOND THAI-COUNCIL MTG 3/20US BANK PURCHASING CARD PROGRAM 176.36 LL 3/7 LUNA GRILL-COUNCIL MTG 3/6US BANK PURCHASING CARD PROGRAM 312.62 MAY'24 89 PLAYA CIR HOA FEESGLENWOOD MAINTENANCE CORPORATION 154.00 NON-DEPARTMENTAL TOTAL: 2,818.74
C. S. ADMINISTRATION
MAY'24-HW-HEALTH PREMIUMCALPERS HEALTH 157.00
MAY'24-DP-HEALTH PREMIUMCALPERS HEALTH 157.00
FY 23-24 GIVEAWAYS4IMPRINT INC 5,009.88
POSTCARDS FOR EXPOS/CONFERENCESSOLINK INC 269.38
MAR'24 SMP FUND R&CS CONTRIB TRANSPORTATION SVCCABCO YELLOW INC 609.00 5/10/24 OAK GROVE ALL-STAR BASH EXPO- $300 PACKAGEOAK GROVE PTA (PTA CALIF CONGRESS OF PARENTS & TEA… 300.00 LL 2/25 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 2.00 LL 2/25 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 2.00 LL 2/26 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 2.00 LL 2/26 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 2.20 LL 2/28 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 2.66 LL 2/29 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 2.93 LL 3/1 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 3.00 LL 3/2 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 3.30 LL 3/3 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 3.63 LL 2/27 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 2.42 LL 3/4 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 3.99 LL 3/6 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 4.39 LL 3/20 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 5.50 LL 3/7 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 4.83 LL 3/9 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 5.00 LL 3/21 FACEBK META ADS_INSTA POSTUS BANK PURCHASING CARD PROGRAM 6.05 4/27/24 JAMFEST STAGE AND FENCINGROMAN CHAVEZ 776.40
C. S. ADMINISTRATION TOTAL: 7,334.56

IGLESIA PARK
MAR'24 IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 374.85 MAR'24 IGLESIA PARK PV MAINTENANCEPV MAINTENANCE INC 580.38 MAR'24 IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 306.00 MAR'24 MTR#4114 IGLESIA PARK WATEREL TORO WATER DISTRICT 375.26 41 Description (Item)Vendor Name Amount
MAR'24 MTR#3499 IGLESIA PARK WATEREL TORO WATER DISTRICT 405.59 MAR'24 ACCT#7997 IGLESIA PARKSO CAL EDISON 166.83
IGLESIA PARK TOTAL: 2,208.91

IGLESIA BUILDING
APR'24 IGLESIA JANITORIAL MAINTENANCETEAM ONE MANAGEMENT SERVICES 995.00 MAR'24 PEST CONTROL SERVICES - IGLESIA PARKZAPP PEST MANAGEMENT 75.00 APR'24 IGLESIA JANITORIAL SUPPLIESBRADY INDUSTRIES OF CALIFORNIA LLC 209.45 MAR'24 MTR#5016 IGLESIA PARK BLDG WATEREL TORO WATER DISTRICT 310.47 MAR'24 ACCT#7997 IGLESIA BLDGSO CAL EDISON 1,094.27
IGLESIA BUILDING TOTAL: 2,684.19

PLANNING
MAY'24-MF-HEALTH PREMIUMCALPERS HEALTH 157.00
MAR'24 GB AVTC CONSULTING SERVICESCIVIC SOLUTIONS INC 172.00 PLANNING TOTAL: 329.00

BUILDING
MAR'24 CAA CONTRACT SERVICES - BUILDING SERVICESCHARLES ABBOTT ASSOC INC 49,356.93 BUILDING TOTAL: 49,356.93

CODE ENFORCEMENT
MAR'24 SIDEWALK VENDING TASKFORCEPV MAINTENANCE INC 1,808.00 MAR'24 CAA CONTRACT SERVICES - CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 8,160.00 CODE ENFORCEMENT TOTAL: 9,968.00

ENGINEERING (GENERAL)
APR'24 WAREHOUSE LEASEPV MAINTENANCE INC 1,035.00
MAR'24 LANDSCAPE INSPECTION SERVICESRICHARD FISHER ASSOCIATES 3,528.76 ENGINEERING (GENERAL) TOTAL: 4,563.76

LAW ENFORCEMENT-OTHER
APR'24 BMW BATTERY VIN#G33962 - BARRAGANSEAVCO INC 501.99 MAR'24 POLICE SERVICES OFFICE SUPPLIESSTAPLES ADVANTAGE 93.04 03/31-04/13/24 228.29 HRS-CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 7,065.58 LAW ENFORCEMENT-OTHER TOTAL: 7,660.61
EOC
DL 3/14 LIFE STORAGE - OFFSITE STORAGE #A1554US BANK PURCHASING CARD PROGRAM 290.00 EOC TOTAL: 290.00
GENERAL FUND TOTAL: 201,349.98
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
MAR'24 PVM CH MAINTENANCEPV MAINTENANCE INC 245.09
MAR'24 CH WOMENS RESTROOM 1ST FLR PLUMBING REPAIRUNITED BUILDING AND DEVELOPMENT SERVICES LLC 2,667.00 APR'24 CH JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,700.00 MAR'24 PEST CONTROL SERVICES CHZAPP PEST MANAGEMENT 75.00 FY23-24 SCAQMD PERMIT FEE - CH GENERATORSOUTH COAST AIR QUALITY MGMT DIST 504.91 FY23-24 SCAQMD EMISSIONS FEE - CH GENERATORSOUTH COAST AIR QUALITY MGMT DIST 160.35 JAN'24 CH HVAC PREVENTATIVE MAINTENANCEHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, … 1,786.65 3/22/24 CH HVAC 2ND FLOOR CALL OUTHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, … 320.00 JAN'24 CH-ELEVATOR HYDRAULIC OIL MAINTENANCETHURSTON ELEVATOR CONCEPTS INC 1,885.00 FEB'24 CH-ELEVATOR INSPECTION AND CORRECTIONSTHURSTON ELEVATOR CONCEPTS INC 1,355.00 APR'24 CH-ELEVATOR MAINTENANCETHURSTON ELEVATOR CONCEPTS INC 134.00 APR'24 CH JANITORIAL SUPPLIESBRADY INDUSTRIES OF CALIFORNIA LLC 552.13 APR'24 CH JANITORIAL SUPPLIESBRADY INDUSTRIES OF CALIFORNIA LLC 344.47 03/18 CH GENERATOR PM ANNUAL SERVICEDUTHIE ELECTRIC SERVICE CORPORATION 769.17 NON-DEPARTMENTAL TOTAL: 13,498.77
GEN. FD-CITY HALL TOTAL: 13,498.77
103 - GF-AV RECREATION SERVICES
RECEIPT67802831 FACILITY RENTAL REFUND RUBY OLIVASRUBY OLIVAS 388.00 388.00

RECREATION SERVICES
3/06/24-4/05/24 AVR AT&T CALNET ALARM/POTS LINEAT&T 969.70 MAR'24 AVR MAINTENANCEPV MAINTENANCE INC 947.09
SPRING2024-SPG150/SPG010 SPORTS-7 PARTICIPANTSL & O ALISO VIEJO, LLC 483.00 42 Description (Item)Vendor Name Amount
6/27/24 CITY DAY CAMP EXCURSION-KNOTT'S BERRY FARMMILLENNIUM OPERATIONS LLC 1,840.00 WINTER2024-WAV140/WAV141 DANCE-4 PARTICIPANTSFITNESS WITH FLAVOR LLC 183.60 MAR'24 PEST CONTROL SERVICES & BEE REMOVAL AVRZAPP PEST MANAGEMENT 595.00 4/10 AVR BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 44.56 WINTER2024-WAV046 BASKETBALL-7 PARTICIPANTSBREAKTHROUGH SPORTS LLC 331.80 MAR'24 GCF SECURITY SERVICESLYONS SECURITY SERVICE IN 897.75 MAR'24 AVR JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 5,000.00 SPRING2024-SPG001 ETIQUETTE-8 PARTICIPANTSJENNIFER ANDRUS-NELSON 720.00 SPRING2024-SPG006 ENRICHMENT-11 PARTICIPANTSLAURELINDA HAUKSSON 1,617.00 SPRING2024-SPG105/SPG063 ART-9 PARTICIPANTSERNA VAN DYK 204.00 APR'24 AVR INTERIOR PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 JAN'24-2 AVR FIRST AID SUPPLIESCINTAS CORPORATION NO. 2 199.65 FEB'24 AVR FIRST AID SUPPLIESCINTAS CORPORATION NO. 2 77.28 MAR'24 AVR EVENT SECURITY SERVICESLYONS SECURITY SERVICE IN 3,772.13 APR'24 AVR AT&T INTERNET SERVICEAT&T 1,009.89
MAR'24 AVR JANITORIAL SUPPLIESBRADY INDUSTRIES OF CALIFORNIA LLC 590.07 EM 2/29 WHITE CAP - CONCRETE FOR RANCH PLAQUEUS BANK PURCHASING CARD PROGRAM 266.12 MAR'24 ACCT#6247 AVRSO CAL EDISON 2,714.89
MAR'24 RENEWABLE FARMS - UTILITIESAARON FLORA (436.57)
MAR'24 RENEWABLE FARMS - 90% GROSS REVENUEAARON FLORA 27,038.70 MAR'24 RENEWABLE FARMS - MAINTENANCEAARON FLORA 740.70
RECREATION SERVICES TOTAL: 49,916.36
GF-AV RECREATION SERVICES TOTAL: 50,304.36
203 - GAS TAX

TRAFFIC ENGINEERING
MAR'24 PAVEMENT MANAGEMENT PLANNICHOLS CONSULTING ENGINEERS, CHTD 27,264.00 MAR'24 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 1,500.00 TRAFFIC ENGINEERING TOTAL: 28,764.00

STREET MAINTENANCE
MAR'24 MTR#5675 CALLE CORTEZ MEDIAN WATEREL TORO WATER DISTRICT 155.29 STREET MAINTENANCE TOTAL: 155.29
GAS TAX TOTAL: 28,919.29
204 - MEASURE M

GEN-MEASURE M
MAR'24 SMP M2 FUND TRANSPORTATION SVCCABCO YELLOW INC 2,436.00 GEN-MEASURE M TOTAL: 2,436.00
MEASURE M TOTAL: 2,436.00
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
APR'24 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEMCOUNTY OF ORANGE 1,843.00 APR-JUN'24 800 MHZ COST ALLOCATIONCOUNTY OF ORANGE 6,873.00 LAW ENFORCEMENT-OTHER TOTAL: 8,716.00
PUBLIC SAFETY GRANTS TOTAL: 8,716.00
231 - OTHER GRANTS

OTHER GRANTS
SOLAR APP+ IMPLEMENTATIONTYLER TECHNOLOGIES-INCODE DIVISION 1,750.00 OTHER GRANTS TOTAL: 1,750.00
OTHER GRANTS TOTAL: 1,750.00
241 - TECHNOLOGY FUND

GEN-TECHNOLOGY GRANTS
FEB-APR'24 CAMERA 6 AND LOBBY TV PROBLEMSTHOMAS E BYSTRY 400.00 GEN-TECHNOLOGY GRANTS TOTAL: 400.00
TECHNOLOGY FUND TOTAL: 400.00
43 Description (Item)Vendor Name Amount
251 - FEDERAL GRANTS

GEN-FEDERAL GRANT
REF0011657339 - 3/28 CDBG FY 2024-2025 AAPCALIFORNIA NEWSPAPERS PARTNERSHIP 573.44 OCT-DEC'23 CDBG HUNGER & HOMELESS PREVENTIONSOUTH COUNTY OUTREACH 7,316.78 OCT-DEC'23 CDBG - MEALS ON WHEELSAGE WELL SENIOR SERVICES INC 1,535.00 JAN-MAR'24 CDBG HUNGER & HOMELESSNESS PREVENTIONSOUTH COUNTY OUTREACH 1,000.00 GEN-FEDERAL GRANT TOTAL: 10,425.22
FEDERAL GRANTS TOTAL: 10,425.22
261 - CITY FAC.-AQUATIC CENTER

GEN-AQUATIC CENTER
MAR'24 ACCT#6701 AQC INTERNETCOX COMMUNICATIONS, INC 509.91 MAR'24 AQC MAINTENANCEPV MAINTENANCE INC 459.00
MAR'24 MONTHLY PEST CONTROL SERVICES AQCZAPP PEST MANAGEMENT 75.00 MAR'24 AQC BACKWASH VALVE KITKNORR SYSTEMS INC 730.16
MAR'24 AQC MONTHLY POOL MAINTENANCE SERVICEKNORR SYSTEMS INC 1,983.25 APR'24 AQC HEATER REPAIR PARTS - ER402KNORR SYSTEMS INC 521.28 APR'24 AQC BACKWASH BOOSTER PUMPS - FLOODKNORR SYSTEMS INC 1,695.54 MAR'24 EMERGENCY VALVE REPAIR - AQCKNORR SYSTEMS INC 1,684.16 APR'24 AQC JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,100.00 3/29 AQC BATTERY FOR FIRE ALARM BACK UP SYSTEMW W GRAINGER INC 276.44 4/10 AQC PARTS - REC POOLW W GRAINGER INC 71.67
GEN-AQUATIC CENTER TOTAL: 10,106.41
CITY FAC.-AQUATIC CENTER TOTAL: 10,106.41
311 - STREET IMPROVEMENTS

STREETS & HIGHWAYS
MAR'24 GLENWOOD REHAB DESIGNENGINEERING RESOURCES OF SOUTHERN CALIFORNIA 13,930.90 STREETS & HIGHWAYS TOTAL: 13,930.90
STREET IMPROVEMENTS TOTAL: 13,930.90
331 - CAPITAL IMPROVEMENTS

CAPITAL IMPROVEMENTS
MAR'24 AQC PARKING LOT SEAL PROJECTLUKKES STRIPING INC 27,700.00 REPLACE BLOWN TRANSFOMER WITH NEW 30KVA - AQCJAMES A. KRIEGER 6,000.00 CAPITAL IMPROVEMENTS TOTAL: 33,700.00
CAPITAL IMPROVEMENTS TOTAL: 33,700.00
GRAND TOTAL: 375,536.93
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 201,349.98201,349.98
102 - GEN. FD-CITY HALL 13,498.7713,498.77
103 - GF-AV RECREATION SERVICES 50,304.3650,304.36
203 - GAS TAX 28,919.2928,919.29
204 - MEASURE M 2,436.002,436.00
215 - PUBLIC SAFETY GRANTS 8,716.008,716.00
231 - OTHER GRANTS 1,750.001,750.00
241 - TECHNOLOGY FUND 400.00400.00
251 - FEDERAL GRANTS 10,425.2210,425.22
261 - CITY FAC.-AQUATIC CENTER 10,106.4110,106.41
311 - STREET IMPROVEMENTS 13,930.9013,930.90
331 - CAPITAL IMPROVEMENTS 33,700.0033,700.00
375,536.93Grand Total: 375,536.93
44 Accounts Payable Payable Dates: 04/12/2024 - 04/25/2024 4/24/2024 4:57:27 PM Page 6 of 7
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 201,349.98
102 - GEN. FD-CITY HALL 13,498.77
103 - GF-AV RECREATION SERVICES 50,304.36
203 - GAS TAX 28,919.29
204 - MEASURE M 2,436.00
215 - PUBLIC SAFETY GRANTS 8,716.00
231 - OTHER GRANTS 1,750.00
241 - TECHNOLOGY FUND 400.00
251 - FEDERAL GRANTS 10,425.22
261 - CITY FAC.-AQUATIC CENTER 10,106.41
311 - STREET IMPROVEMENTS 13,930.90
331 - CAPITAL IMPROVEMENTS 33,700.00
375,536.93Grand Total:

Account Summary
Payment AmountAccount Number Account Name
101-1203-000 ACCOUNTS RECEIVABLE 2,195.87
101-2505-000 DENTAL INSURANCE PA… 2,162.70
101-2506-000 MEDICAL INSURANCE P… 24,969.11
101-2507-000 LIFE INSURANCE PAYABLE 1,452.82
101-2508-000 VISION INSURANCE PAY… 339.40
101-2602-000 PLANNING DEPOSIT 6,989.04
101-2606-000 C & D DEPOSIT 4,400.00
101-36420 SMIP 756.67
101-36425 CASP CERT/TRNG 15.80
101-36430 BUILDING STANDARD FE… 294.30
101-4-1101-4520-000 MTGS/CONF./TRNG & D… 982.68
101-4-1501-4206-000 MEDICAL INSURANCE 157.00
101-4-1501-4209-000 LIFE INSURANCE 96.16
101-4-1501-4520-000 MTGS/CONF./TRNG & D… 697.07
101-4-1503-4309-000 OTHER CONTRACTUAL S… 472.00
101-4-1601-4303-000 LEGAL NOTICES 930.02
101-4-1601-4502-000 AWARDS & RECOGNITI… -166.80
101-4-1601-4520-000 MTGS/CONF./TRNG & D… 121.94
101-4-1601-4612-000 OPERATING SUPPLIES 120.00
101-4-2101-4304-000 LEGAL SERVICES 39,180.50
101-4-2101-4532-000 SPECIAL PROJECTS 4,363.90
101-4-2101-4701-000 NPDES 606.90
101-4-2101-4733-000 ZONING CODE 520.00
101-4-2101-4735-000 LITIGATION 701.30
101-4-2501-4301-000 PROFESSIONAL SERVICES 3,750.00
101-4-2501-4309-000 OTHER CONTRACTUAL S… 428.15
101-4-2501-4601-000 SUPPLIES 160.81
101-4-3101-4301-000 PROFESSIONAL SERVICES 2,200.00
101-4-3101-4305-000 TECHNOLOGY SERVICES 6,374.85
101-4-3101-4481-000 COMPUTER EXPENSE 8,863.09
101-4-3501-4431-000 BUILDING & GROUND M… 1,273.00
101-4-3501-4513-000 PRINTING 109.83
101-4-3501-4517-000 VEHICLE MAINTENANCE 130.00
101-4-3501-4601-000 SUPPLIES 449.80
101-4-3501-4612-000 OPERATING SUPPLIES 856.11
101-4-4101-4206-000 MEDICAL INSURANCE 314.00
101-4-4101-4501-000 ADVERTISING & PROMO… 355.90
101-4-4101-4520-000 MTGS/CONF./TRNG & D… 269.38
101-4-4101-4524-000 RECREATION-SENIOR TR… 609.00
101-4-4101-4527-000 REC-CITY SPECIAL EVENTS 5,786.28
101-4-4102-4411-000 UTILITIES 947.68
45 Accounts Payable Payable Dates: 04/12/2024 - 04/25/2024 4/24/2024 4:57:27 PM Page 7 of 7
Account Summary
Payment AmountAccount Number Account Name
101-4-4102-4431-000 BUILDING & GROUND M… 1,261.23
101-4-4103-4411-000 UTILITIES 1,404.74
101-4-4103-4431-000 BUILDING & GROUND M… 1,279.45
101-4-4401-4206-000 MEDICAL INSURANCE 157.00
101-4-4401-4309-000 OTHER CONTRACTUAL S… 172.00
101-4-4402-4751-000 C.S-BUILDING 49,356.93
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 9,968.00
101-4-4501-4471-000 RENT 1,035.00
101-4-4501-4741-000 C.S-CITY ENGINEERING 3,528.76
101-4-5102-4517-000 VEHICLE MAINTENANCE 501.99
101-4-5102-4612-000 OPERATING SUPPLIES 93.04
101-4-5102-4721-000 C.S-CROSSING GUARDS 7,065.58
101-4-5401-4471-000 RENT 290.00
102-4-3501-4431-000 BUILDING & GROUND M… 12,833.51
102-4-3501-4561-000 TAXES/FEES/PERMITS 665.26
103-34130 FACILITY RENTAL 388.00
103-4-4105-4305-000 TECHNOLOGY SERVICES 1,979.59
103-4-4105-4309-000 OTHER CONTRACTUAL S… 3,539.40
103-4-4105-4411-000 UTILITIES 2,714.89
103-4-4105-4431-000 BUILDING & GROUND M… 11,280.41
103-4-4105-4451-000 FARM OPERATING EXPE… 28,240.58
103-4-4105-4570-000 CITY CAMP EXPENSE 1,840.00
103-4-4105-4601-000 SUPPLIES 321.49
203-4-4502-4301-000 PROFESSIONAL SERVICES 28,764.00
203-4-4503-4411-000 UTILITIES 155.29
204-4-6104-4309-000 OTHER CONTRACTUAL S… 2,436.00
215-4-5102-4803-000 PUBLIC SAFETY EQUIPM… 8,716.00
231-4-6131-4309-000 OTHER CONTRACTUAL S… 1,750.00
241-4-6141-4481-000 IT/COMPUTER EQUIPM… 400.00
251-4-6151-4309-000 OTHER CONTRACTUAL S… 10,425.22
261-4-6161-7401-000 EQUIPMENT MAINTENA… 6,614.39
261-4-6161-7411-000 UTILITIES 509.91
261-4-6161-7421-000 BUILDING & GROUND M… 2,982.11
311-4-8301-5501-000 DESIGN 13,930.90
331-4-8701-5910-000 IMPROVEMENTS 33,700.00
Grand Total: 375,536.93
Project Account Summary
Payment AmountProject Account Key
**None** 315,946.15
10014309 1,750.00
1185910 33,700.00
1255501 13,930.90
9014612 398.16
9264520 982.68
9974570 1,840.00
SDP-2022-0004 1,247.50
SDP-2023-00008 5,741.54
Grand Total: 375,536.93
46 City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / 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 two- year term, increases the total compensation under the agreement by $50,000.00, and amends the contractor compensation rates; and

2. 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. Tree maintenance is funded through the General, gas tax, and other special revenue funds. Sufficient funding is included in the FY 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 in Aliso Creek Road, Pacific Park Drive, and Calle Cortez.

The scope of the agreement will cover maintenance of 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, the olive trees at the Aquatic Center once per year, and the California pepper trees at the Aliso Viejo Ranch twice a year along with as- needed maintenance to the rest of the City’s tree inventory. 47

Page 2 of 2 ends

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 two-year term and increase the compensation rates.

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 agreements 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 for the next two years and foregoing the CPI increase for year two of the amendment.

Staff recommends renewing Great Scott Tree Service at the 40% increase to avoid a potentially higher increase by readvertising the agreement. Additional funds are not being requested for FY 2024-25 to accommodate the increase in rates; however, discretionary tree planting, tree removals, and other non-emergency tree services will be reduced. An additional $50,000 is requested in total compensation to account for the second year of the renewal.

Attachment:

1. Agreement Amendment
48 60367.01100\33489405.1

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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 two -year term, increase the total compensation under the Agreement by Fifty Thousand Dollars ($50,000.00), and amend the contractor compensation rates for FY24-26 to the rates set forth in Exhibit “B”.

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 two years from July 1, 2024 to June 30, 2026, unless earlier terminated as provided in the Agreement.

3.2 Compensation.

The total compensation for the Services provided pursuant to the Agreement and this First Amendment shall not exceed One Hundred Fifty Six Thousand Dollars ($176,000.00) 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.

3.3 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 First Amendment.

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. 49 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.
50 60367.01100\33489405.1

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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:_________________________

51 60367.01100\33489405.1

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CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
52 60367.01100\33489405.1

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CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.

To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.

Name of Business Print Name

Signature

Date

53 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.
54 60367.01100\33489405.1

B-1

EXHIBIT “B”

TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR TREE

MAINTENANCE SERVICES

COMPENSATION

See attached.
55 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
56 _______________________________________________________________________ 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
57 City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / City Engineer SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH NIEVES
LANDCSAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES
Recommended Actions:

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

Fiscal Impact:

The contractor fee for this work is estimated at approximately $180,000 for FY 2024-25.

An additional $20,000 is budgeted for extra work. Landscape maintenance is funded through the General, gas tax, and other special revenue funds. Sufficient funding will be included in the FY 2024-25 Budget.

Background:

The City of Aliso Viejo maintains landscaping 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 street medians in Aliso Creek Road, Pacific Park Drive, and Calle Cortez.

Amenities at the various facilities to be maintained include tot lots and play equipment, sport courts and ball fields, parking lots, walkways and passive park areas, and picnic areas. Landscape features to be maintained include turf areas, shrubs and planters, and a variety of trees. The maintenance of the irrigation systems, rodent control, and pest control is also necessary. The general performance criteria are as follows:
 Turf areas shall be mowed, edged, watered, weeded, fertilized, with rodents and pests controlled to provide a healthy appearance.
58

Page 2 of 2 ends

 Groundcover areas shall be watered, weeded, fertilized, with rodents and pests controlled to provide a healthy appearance.
 Shrubs and trees under 15 feet in height within the City Facilities shall be maintained to promote healthy growth to include but not limited to fertilization, trimming, and thinning.
 The tot lots (including play equipment) and sports areas within the City Facilities shall be maintained in a clean and safe manner.
 Walkways and parking lots shall be kept free of trash, landscape debris and leaves.

Discussion:

A request for proposal (RFP) was issued for landscape maintenance services and advertised on the City website and was awarded to Nieves Landscape, Inc. on May 5, 2021, for an initial term of three years, July 1, 2021, through June 30, 2024. This first agreement amendment will increase the total compensation under the agreement by $200,000 for a total agreement amount of $890,000. The contractor compensation rates for FY 2024-25 are included in Exhibit B of the agreement amendment and include a 3.5% increase from the previous contractor compensation rates. The current year CPI is 3.5%.

The City has the option to renew the Agreement for one additional one-year term.

Attachment:

1. Agreement Amendment
59 60367.01100\33489405.1

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CITY OF ALISO VIEJO

FIRST AMENDMENT TO

LANDSCAPE MAINTENANCE SERVICES

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement for Landscape 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 Nieves Landscape, 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 Landscape 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 to increase the total compensation under the Agreement by Two Hundred Thousand Dollars ($200,000.00).

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 Agreement and this First Amendment shall not exceed Eight Hundred Ninety Thousand Dollars ($890,000.00) 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. 60 60367.01100\33489405.1

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SIGNATURE PAGE FOR FIRST AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES BETWEEN THE CITY OF ALISO VIEJO AND NIEVES LANDSCAPE, 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
NIEVES LANDSCAPE, INC.

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

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

62 60367.01100\33489405.1

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CITY OF ALISO VIEJO

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
63 60367.01100\33489405.1

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CITY OF ALISO VIEJO

Name of Business Print Name

Signature

Date

64 60367.01100\33489405.1

A-1

EXHIBIT “A”

TO FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE MAINTENANCE

SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for Landscape Maintenance Services, dated May 5, 2021.
65 60367.01100\33489405.1

B-1

EXHIBIT “B”

TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

LANDSCAPE MAINTENANCE SERVICES

COMPENSATION

See attached.
66 City Hall Unit Cost Total Cost Annual
1 12 Mo Landscape Maint 298.08 $ 3,576.96$
2 12 Mo Facility Maint 87.98 $ 1,055.70$
3 1 LS Tree Trimming 397.44 $ 397.44 $
4 52 Ea Irrigation Maint 65.21 $ 3,390.66$ 8,420.76$
Iglesia Park Unit Cost Total Cost
5 42 Ea Turf mow 193.55 $ 8,128.89$
6 52 Ea Priority turf mow 330.17 $ 17,168.58$ 7 42 Ea Turf edge 37.26 $ 1,564.92$
8 52 Ea Priority turf edge 24.84 $ 1,291.68$ 9 12 Mo Landscape Maint 633.42 $ 7,601.04$
10 12 Mo Facility Maint 395.37 $ 4,744.44$
11 12 Mo Turf Maint 605.48 $ 7,265.70$
12 1 Ea Temp CL Fence 2,059.65 $ 2,059.65 $
13 1 Ea De-thatch 2,556.45 $ 2,556.45 $
14 1 Ea Aeration 1,009.13 $ 1,009.13 $
15 1 Ea Temp CL Fence N/A N/A
16 1 LS Tree Trimming 794.88 $ 794.88 $
17 75,000 SF Over-seed/ Topdress 0.1294 $ 9,703.13$ 18 52 Ea Irrigation Maint 326.03 $ 16,953.30$ 19 12 Mo Pest & Rodent 348.80 $ 4,185.54$
85,027.32$
AQ Center, AV Center, Vista Park Unit Cost Total Cost
18 52 Ea Priority turf mow 189.41 $ 9,849.06$ 19 52 Ea Priority turf edge 57.96 $ 3,013.92$ 20 12 Mo Landscape Maint 670.68 $ 8,048.16$ 21 12 Mo Facility Maint 571.32 $ 6,855.84$
22 12 Mo Turf Maint 199.76 $ 2,397.06$
23 1 Ea Aeration 333.27 $ 333.27 $
24 1 Ea De-thatch 845.60 $ 845.60 $
25 1 LS Tree Trimming 794.88 $ 794.88 $
26 10,000 SF Over-seed/ Topdress 0.0424 $ 424.35 $ 27 52 Ea Irrigation Maint 195.62 $ 10,171.98$ 42,734.12$
AV Ranch Unit Cost Total Cost
28 52 Ea Priority turf mow 85.91 $ 4,467.06$ 29 52 Ea Priority turf edge 38.30 $ 1,991.34 $
30 12 Mo Landscape Maint 484.38 $ 5,812.56$ 31 12 Mo Facility Maint 395.37 $ 4,744.44$
32 12 Mo Turf Maint 91.08 $ 1,092.96$
33 1 Ea Aeration 152.15 $ 152.15 $
34 1 Ea De-thatch 385.02 $ 385.02 $
35 1 LS Tree Trimming 794.88 $ 794.88 $
36 5,000 SF Over-seed/ Topdress 0.0424 $ 212.18 $ 37 52 Ea Irrigation Maint 162.50 $ 8,449.74$ 28,102.32$
Medians Unit Cost Total Cost
38 12 Mo Landscape Maint 335.34 $ 4,024.08$ 39 12 Mo Facility Maint 43.47 $ 521.64 $
40 1 LS Tree Trimming 1,589.76 $ 1,589.76 $
41 52 Ea Irrigation Maint 260.82 $ 13,562.64$ 19,698.12$
183,982.64$ Annual Total
67 Monthly
City Hall 701.73 $
Iglesia Park 7,085.61 $
AV Center 1,551.79 $
Aquatic Center 944.42 $
Vista Park 1,064.97 $
AV Ranch 2,341.86 $
Medians 1,641.51 $
15,331.89$ Monthly Total
68 City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works / City Engineer SUBJECT: THIRD AMENDMENT TO THE AGREEMENT WITH BEAR ELECTRICAL

SOLUTIONS FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
Recommended Actions:

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

Fiscal Impact:

The contractor fee for this work is estimated to be $183,000 annually. This amount covers monthly preventive maintenance and extra work or emergency work items as necessary.

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, 3 flashing beacons and 6 radar speed signs. The traffic signal maintenance scope of work covers monthly preventive maintenance and extra work or emergency work items, as necessary.

Discussion:

A request for proposal (RFP) was issued for traffic signal maintenance services, was advertised on the City website, and was awarded to BES on June 1, 2016, for an initial term of three years. The first amendment to the agreement increased the total compensation on May 16, 2018. The second amendment extended the agreement an additional five years through June 30, 2024, while providing a one-time unit cost adjustment of 5% and locking in BES with these unit prices during the full extension period. This third agreement amendment will increase the total compensation under the agreement by $1,000,000 for a total agreement amount of $2,309,000 and extend the term five years until June 30, 2029. This third agreement amendment will provide a one- 69

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time unit cost adjustment of 2% to the current rates and will lock in BES with these unit prices during the full extension period. The requested 2% increase is below the current year CPI increase of 3.5%. Staff recommends renewing BES at the 2% increase to avoid a potentially higher increase by readvertising the agreement.

Attachment:

1. Agreement Amendment
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CITY OF ALISO VIEJO

THIRD AMENDMENT TO

TRAFFIC SIGNAL MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement for Traffic Signal Maintenance Services (“Third Amendment”) is entered into on the ____ day of ________, 2024, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Bear Electrical Solutions, Inc. (hereinafter referred to as the “Contract or”). City and Contractor are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into th at certain Agreement for Traffic Signal Maintenance Services dated June 1, 2016 ("Agreement").

2.2 First Amendment. The Parties amended the Agreement in order to increase the total compensation under the Agreement on May 16, 2018.

2.3 Second Amendment. The Parties amended the Agreement in order to renew the Agreement for an additional fi ve-year term and to increase the total compensation under the Agreement by Seven Hundred Fifty Thousand Dollars ($750,000.00) on May 15, 2019.

2.4 Third Amendment. The parties now desire to amend the agreement in order to renew the agreement for an additional five-year term and to increase the total compensation under the Agreement by One Million Dollars ($1,000,000.00).

3. TERMS.

3.1 Term. Section 3.1.2 of this Agreement is hereby amended in its entirety to read as follows:

“3.1.2 Term. The term of th is Agreement shall be from July 1, 2024 to June 30, 2029 , unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agr eement annually for no more than one additional two-year term. Contra ctor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”

3.2 Compensation.

The total compensation for the Services provid ed pursuant to the Agreement, the First Amendment, the Second Amendment, and this Third Amendment shall not exceed Two Million, Three Hundred Nine Thousand Dollars ($2,309,000.00) without written approval of the City 71 60367.01100\33489405.1

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Manager. Contractor shall r eceive compensation, including aut horized reimbursements, for all Services rendered under this Third 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, Contractor shall submit to City a statement in writing d eclaring 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 Contr actor and all of their employees, including any employee(s) that Contractor intends to assign to perform the Services described in this Third Amendment.

3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

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

3.5 Adequate Consideration. The Parties here to irrevocably stipulate and agree that they have each received adequate and indepe ndent consideration for the performance of the obligations they have undertaken pursuant to this Third Amendment.

3.6 Counterparts. This Third 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.
72 60367.01100\33489405.1

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SIGNATURE PAGE FOR THIRD AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES BETWEEN THE CITY OF ALISO VIEJO AND BEAR ELECTRICAL SOLUTIONS, INC.

IN WITNESS WHEREOF, the parties have executed this Third 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
BEAR ELECTRICAL SOLUTIONS, INC.

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

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

73 60367.01100\33489405.1

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CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee( s) that applicant intends to assign to perform the work or services described in this Agreement:

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

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and di stribute copies to employees assigned to perform Services for the City of Aliso Viejo.

To the extent that provisions of this policy conf lict 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

75 60367.01100\33489405.1

A-1

EXHIBIT “A”

TO THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE

SERVICES

SCOPE OF SERVICES

The scope of services is to remain unchanged from the original Professional Services Agreement for Traffic Signal Maintenance Services, dated June 1, 2016. 76 60367.01100\33489405.1

B-1

EXHIBIT “B”

TO THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

TRAFFIC SIGNAL MAINTENANCE SERVICES

COMPENSATION

See attached.
77 City of Aliso Viejo page 1 of 3 Date:5/2/24
Item
No. Item Description Unit Quantity Unit Price Total Monthly Price 1 Routine inspection, preventative maintenance and
repairs of traffic signal systems, interconnect, safety lights and illuminated street name signs. Per
Intersection, Per Month 48 63.19$ 3,033.07$ 2 Routine inspection, preventative maintenance and
repairs of flashing beacons. Per Location, Per Month 3 21.42$ 64.26$ 3 Routine inspection, preventative maintenance,
timing adjustment and repairs of radar speed signs.

Per Location, Per Month 6 21.42$ 128.52$
Total Cost for Monthly Routine Maintenance 3,225.85$
Item
No. Item Description Unit Quantity Unit Price Total Monthly Price 1Replace Red Ball LED 25 96.39$ 2,409.75$ 2Replace Yellow Ball LED 15 96.39$ 1,445.85$ 3Replace Green Ball LED 20 96.39$ 1,927.80$ 4Replace Red Arrow LED 25 101.75$ 2,543.63$
5Replace Yellow Arrow LED 15 101.75$ 1,526.18$ 6Replace Green Arrow LED 20 101.75$ 2,034.90$ 7Replace Red Programmable Visor LED 5 267.75$ 1,338.75$ 8Replace Yellow Programmable Visor LED 5 267.75$ 1,338.75$ 9Replace Green Programmable Visor LED 5 267.75$ 1,338.75$ 10Installation of 3 Section 12" LED Signal Head 5 535.50$ 2,677.50$ 11Installation of 4 Section 12" LED Signal Head 5 696.15$ 3,480.75$ 12Installation of 5 Section 12" LED Signal Head 5 1,445.85$ 7,229.25$ 1Installation of New, Fully Wired Type P Cabinet 1 30,885.50$ 30,885.50$ 2Installation of New, NEMA Type TS1 Controller 1 8,005.73$ 8,005.73$ 3 Major Upgrade of Existing Cabinet (excluding
controller) such as painting, rewiring, & auxilary
equipment upgrades 3 1,606.50$ 4,819.50$
4Type II Service 3 3,640.86$ 10,922.59$
5Replacement of Detectors as needed 5 128.52$ 642.60$ 6Installation of New Signal Monitor as needed 3 937.13$ 2,811.38$ 7 Operation and Certification Testing of New Cabinet
and Controllers and Appurtenances (in accordance
with State of California testing procedures) 3 1,231.65$ 3,694.95$ 8Annual Conflict Monitor Testing 47 91.04$ 4,278.65$ 9Replacement of Inoperable Conflict Monitors 3 937.13$ 2,811.38$ EXHIBIT "C" - FEE SCHEDULE (FY 2024-2029)

TRAFFIC SIGNAL MAINTENANCE SERVICES
Contractor's Name: Bear Electrical Solutions, Inc
Routine Maintenance
Extraordinary Maintenance
Controller, Cabinet & Appurtenances
78 City of Aliso Viejo page 2 of 3 Date:5/2/24
1Replace Pedestrian Module Kits (countdown only) 241.40$ 2Replace Pedestrian Push Buttons 80.33$
3Replace Pedestrian Push Button Signage 48.20$
1 Clean, Primer and Repaint Controller Cabinet and
Type II Electric Service Cabinet with City Approved
Paint Color, Per Intersection 15 642.60$ 9,639.00$ 2 Clean, Primer and Repaint Signal Head and Mounting
Surfaces with Industry Standard, City Approved Paint
Color, Per Head 150 101.75$ 15,261.75$
3 Clean, Primer and Repaint Pedestrian Heads and
Framework, Per Intersection 20 101.75$ 2,034.90$ 1Replace Type C Loop including Lead-in and Splicing 5 589.05$ 2,945.25$ 2Replace Type D Loop including Lead-in and Splicing 5 589.05$ 2,945.25$ 3Replace Type E Loop including Lead-in and Splicing 10 589.05$ 5,890.50$ 4Video Detection Camera 1 6,640.20$ 6,640.20$
1Replace Battery Back-up Unit 5 6,986.67$ 34,933.34$ 2Replace Batteries, Per Unit 20 305.24$ 6,104.70$ 1 Installation/Replacement of Traffic Signs on Poles or Mast Arms (sign cost not included) 10 117.81$ 1,178.10$ 2Replace of 6' ISNS Panel 5 267.75$ 1,338.75$ 3Replace of 8' ISNS Panel 5 294.53$ 1,472.63$ 4Replace of Inoperable ISNS Light 15 96.39$ 1,445.85$ 5Replacement of Inoperable Safety Light 15 96.39$ 1,445.85$ 1 Response to all USA Requests/Notices or at the
request of the City for the marking and protection of
traffic signal underground facilities such as traffic
signal and electrical conduits, interconnect facilities, loops, and other appurtenant equipment which
might conflict with other right-of-way construction or
repairs. 150 214.20$ 32,130.00$
Item
No. Item Description Regular Time Overtime
1Signal Maintenance Superintendent 122.40$ 214.20$ 2Signal Maintenance Technician 112.20$ 204.00$ 3Field Traffic Signalman 112.20$ 204.00$
4Laborer 53.55$ 74.97$
5Painter 82.47$ 110.31$
Traffic Signs, Safety Lights, ISNS
Pedestrian Heads & Equipment
Painting
Detection
Battery Back-up System
Underground Service Alert
Labor Rates
Labor & Equipment Rates
79 City of Aliso Viejo page 3 of 3 Date:5/2/24
6Engineering Technician 133.88$ 198.14$
7Interconnect/Communication Specialist 133.88$ 198.14$ 1Aex Lift (Hydraulic Boom) 38.56$ X
2Pickup Truck 21.42$ X
3Service Truck 26.78$ X
4Service Ladder Truck N/A X
5Boom Ladder Truck (Man Lift) N/A X
6Concrete Saw & Water Truck 144.59$ X
7Compressor with Tools 144.59$ X
8Crane 267.75$ X
9Dump Truck 69.62$ X
Equipment Rates
Material costs for extraordinary maintenance shall be paid to the contractor based upon supplier’s invoice price provided to the City plus 15% markup.
80 City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works / City Engineer SUBJECT: AGREEMENT WITH AQUATIC SERVICES, INC. FOR AQUATIC CENTER

EQUIPMENT MAINTENANCE SERVICES
Recommended Actions:

1. Award an Agreement to Aquatic Services, Inc. for Aquatic Center Equipment Maintenance Services for an initial term of three years totaling $150,000; and

2. Authorize the City Manager to execute the Agreement for Aquatic Center Equipment Maintenance Services with Aquatic Services, Inc.

Fiscal Impact:

Approximately $150,000 is anticipated to be spent on Aquatic Center Equipment Maintenance services, including any emergency repairs or replacements over the next three years. Annual preventive maintenance costs are estimated to be about $32,400.

These costs are included in the FY 2024-25 budget. An additional $14,600 is included in the FY 2024-25 budget for unplanned emergency work. This extra work will require City staff authorization prior to completion. An agreement amount of $150,000 for three years is proposed.

Background:

The Aquatic Center construction was completed in 2009 and opened for its first full season in 2010. During its first six years only minor maintenance and repairs were made to the pool equipment. More significant equipment repairs and replacements were necessary and completed during the next several years and will continue as original or replaced equipment ages. Staff and Premier Aquatics also perform daily inspections or preventive maintenance as required.

An RFP for maintenance services was issued to five companies with three submitting a proposal.
81

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Discussion:

Regular preventative maintenance will help extend the life of the equipment, which has a high replacement cost. Any work recommended outside of the regular maintenance scope will be reviewed by staff and authorized as necessary to keep the pool operating properly.

Staff modified the scope of work from previous agreements to include more frequent (weekly versus monthly) site visits. Proposals were received and reviewed by staff for completeness and cost effectiveness. Monthly costs proposed by the respondents were as follows.
 Waterline - $3,700
 HASA - $3,191
 Aquatic Services - $2,693
Staff is recommending the Council authorize staff to execute a maintenance agreement with Aquatic Services, Inc. in an amount not to exceed $150,000 over three years, which includes both the monthly preventive maintenance and extra work as authorized by staff.

Environmental:

No environmental document is required for maintaining existing facilities.

Attachment:

1. Agreement
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105

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City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Isaac Aziz, IT Manager
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH WESTERN AUDIO

VISUAL FOR AUDIO/VISUAL HARDWARE COVERAGE AND SUPPORT

SERVICES
Recommended Action:

Approve and authorize the City Manager to execute a professional services agreement with Western Audio Visual in the amount of $59,000 for a three-year hardware warranty and ongoing system support for audio/visual equipment at the Council Chambers, Aliso Viejo Center, and Aliso Viejo Ranch.

Fiscal Impact:

The proposed expenditure of $59,000 for this agreement falls within the IT Department’s allocated budget for audio/visual support over the next three years which includes funding sources from the general fund, PEG fees, and the Aliso Viejo Center.

Background:

Audio/visual technology plays a pivotal role in facilitating effective communication during City Council meetings and public engagements, enabling both in-person and remote participation. Over the years, our facilities at the Aliso Viejo Center, Aliso Viejo Ranch, and City Hall Council Chambers have been equipped with advanced audio/visual systems that are essential for our operations.

Discussion:

Western Audio Visual has been instrumental in the design, installation, and maintenance of our audio/visual systems across multiple city locations. Their expertise not only ensures optimal functionality but also enhances the longevity of our audio/visual equipment.

This agreement with Western Audio Visual will allow us to continue receiving high-quality support and maintenance from a provider intimately familiar with our specific systems. 106

Page 2 of 2 ends

This continuity is crucial for maintaining system integrity and performance, ensuring that our audio/visual capabilities remain robust and effective.

Attachment:

1. Agreement

2. Scope of Services
107
2018-60367.01100\30610656.2 - 1 -

CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

AUDIO VIDEO MAINTENANCE

1. PARTIES AND DATE.

This Agreement is made and entered into this 15th day of May 2024, by and between the City of Aliso Viejo, a municipal organization organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and Western Audio Visual, with its principal place of business at 1592 N. Batavia St., Orange, CA 92687 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional Audio Video Maintenance consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Audio Video Maintenance consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Audio Video Maintenance consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from April 4, 2024 to June 30, 2027, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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 108
2018-60367.01100\30610656.2 - 2 -
Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Kevin Mahkorn.

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Isaac Aziz , or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Kevin Mahkorn, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall 109
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be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the 110
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indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability:
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(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (c) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (d) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
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3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are 113
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necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed Fifty Nine Thousand Dollars ($59,000) (“Total Compensation including 10% contingency”) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 114
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3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

Western Audio Visual
1592 N. Batavia
Orange, CA 92687
Attn: Kevin Mahkorn
City:

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

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any 116
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legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Fraud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Letter of Agreement. Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Letter of Agreement at City’s request and/or termination of this Letter of Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.

3.5.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.6 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.7 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
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3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.10 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.13 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.16 Labor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this 4th day of April 2024.

CITY OF ALISO VIEJO Western Audio Visual
By:

Mitzi Ortiz
City Manager
By:

Kevin Mahkorn
Service Manager
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary,

AND CORPORATE SEAL OF
CONSULTANT REQUIRED]
ATTEST:

By:

Lauren Torres
Deputy City Clerk
By:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE
WITH BUDGET:

By:

Ann Eifert
Director of Financial Services
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CITY OF ALISO VIEJO

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

City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO

Name of Business Print Name
Signature
Date
122
60367.01100\30610656. 2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
123
60367.01100\30610656. 2 B-1
EXHIBIT “B”

PAYMENT SCHEDULE
The Extended Warranty & Maintenance agreement has payment terms of 100% due per year at the beginning of each year, Net 30. Each additional year will be invoiced after the expiration of the previous year with the same 100% due, NET 30 terms.

Term: Amount: Due Date:

Year 1 Execution of Contract $13,325 May 15, 2024
Year 2 $13,325 May 15, 2025
Year 3 $13,325 May 15, 2026
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1 EXHIBIT "A"

SCOPE OF SERVICES
Please see the scope below for a complete list of services

WESTERN AUDIO VISUAL
Service Plus
Owner & Contract Holder:

City of Aliso Viejo
-Council Chambers
-Conference Center
-The Ranch Community Center
Equipment Location:
12 Journey Suite 100 Aliso Viejo,CA 92656
100 Park Ave Aliso Viejo, CA 92656
Contact:

Isaac Aziz
949-425-2593
[email protected]
Billing Address:
12 Journey Suite 100 Aliso Viejo,CA 92656
Billing Terms:

Agreement Premium: $13,235 per year
Effective Date: 4/1/2024-3/31/2025
100% due upon acceptance, NET 30.
1592 N. BATAVIA ST ORANGE, CA 92687 PHONE: (714) 637-7272 FAX: (714) 637-7330 125
2 EXTENDED WARRANTY PLANS

PROACTIVE PREVENTATIVE MAINTENANCE
VISITS

EMAIL & TELEPHONE RESPONSETIMES
(PRINCIPLE PERIOD OF MAINTENANCE**)

TELEPHONE TECHNICAL SUPPORT
(PRINCIPLE PERIOD OF MAINTENANCE**)

ON-SITE TECHNICAL SUPPORT RESPONSES
(PRINCIPLE PERIOD OF MAINTENANCE***)

ON-SITE TECHNICAL SUPPORT RESPONSES
(NON -PRINCIPLE PERIOD OF MAINTENANCE***)

COMPLETE EQUIPMENTREPAIR AND/OR

REPLACEMENT

GROUND SHIPMENT

EXPEDITED SHIPMENT MANUFACTURER

SOFTWARE

UPDATES/UPGRADES OPTIONALUSER

SYSTEMTRAINING

PRIORITY SERVICE STATUS

MANUFACTURERREPAIR CASE

MANAGEMENT

SYSTEMSOPERATOR

LABOR FOR PROJECTOR LAMP

REPLACEMENT

DISCOUNTED PURCHASE ON PROJECTOR

L AM PS
UP TO FOUR (4) VISITS PER YEAR
RESPONSE WITHIN FOUR (4) HOURS

INCLUDED
12 BUSINESS HOURS
$120.00 PER TECH/HOUR, 3-HOUR MINIMUM,
$180.00 AFTER HOURS, $240.00 SAT. & SUN.

INCLUDED

ACTUAL COST

INCLUDED
INCLUDED, TWO (2) SESSIONS

INCLUDED

INCLUDED
$95.00 PER TECH/HOUR

INCLUDED
15% Discount

SERVICE PLUS BENE
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2 I. COVERAGE
Western Audio Visual, upon the receipt and acceptance of YOUR application, will repair or arrange for the repair of YOUR COVERED EQUIPMENT as necessary when such repair is due to a MECHANICAL OR ELECTRONIC BREAKDOWN OR FAILURE during the CONTRACT PERIOD. WAV agreement is subject to the satisfaction of all terms and conditions of this CONTRACT. All repairs and replacements will be withnew or remanufacturedpartsandcomponentsas decidedby WesternAudioVisual.

II. WHAT IS COVERED
A. Parts Repair/Replacement:All parts for the COVERED EQUIPMENT are covered by this CONTRACT except as excluded by Article IV of this CONTRACT.

B. Labor for Repair: All labor for repairs of COVERED EQUIPMENT is covered under this CONTRACT, except as excluded by Article IV of this CONTRACT.

On-site service hours for this CONTRACT are from 8:00 a.m. to 5:00 p.m. PST Monday through Friday. We will provide on-site labor within 12 hours from the time of the original service call. Work must begin and end within these on -site service hours or telephone support hours, based on the service being provided. Work, which is performed outside these hours, is billable at $180.00 per hour, door-to-door Monday through Friday and $240.00 per hour Saturday and Sunday. By entering into this CONTRACT YOU agree to allow US to bill for On -site service provided outside On-site service hours and Telephone Support provided outside Telephone support hours at the corresponding rates as shown in this section. WE will request a purchase order or other form of payment guarantee for these billable services. If no payment guarantee is forwarded to US within seven days of OUR request, WE will bill YOU for this work without a payment guarantee and YOU agree to pay for these serviceswithoutissuancebyYOUofapaymentguarantee.

C. Transportation of Partsand Equipment: WEwill pay for transportation of COVEREDEQUIPMENT from theEQUIPMENT LOCATION to OUR shop for repair. WE will pay transportationof equipment from the EQUIPMENT LOCATION or OUR shop to the manufacturer, if manufacturer repair is required. WE will pay for transportation of parts and components ordered in connection with servicing of the COVERED EQUIPMENT. Transportation will be provided by OUR staff or by commercial carrier. If shipped by commercial carrier, it will be shipped for two-day delivery. Expedited delivery is also available, upon request. If YOU wish to have the parts expedited, YOU agree to be billedfor thecost differencebetweenthe two-day delivery andthe expediteddelivery.

D. Preventive Maintenance: This CONTRACT includes four preventive maintenance calls per year. A preventive maintenance call is defined as a field technician visiting the EQUIPMENT LOCATION to verify proper operation of the COVERED EQUIPMENT,install any factory provided hardware updates,cleaning the heads of tape decks, returningthe equipment controls to the predeterminedoperatinglevels, converging video projectors for previously established input sources, clean filters and optics of projectors, reloading existing system operating software (if required), and correcting operating conditions that are not within industry standards for operation.

If abnormal operating conditions outside industry standards are noted during a preventive maintenance call and the repair or correction cannot be accomplished during the preventive maintenance call, another repair call will scheduled to correct the noted condition.

If abnormal operating conditions outside industry standards are noted during a preventive maintenance call and the repair is not covered by this CONTRACT as noted in Article IV, WE will forward to YOU, either in written form or verbally, a description of the condition and a cost to repair.

E. Loaner Equipment: If service provided under this CONTRACT cannot bring certain types of equipment to satisfactory operating condition within four (4) working days, a loaner unit of comparable functionality will be provided at YOUR request. Loaner equipment will be provided for the following categories of equipment: Video projectors, computer interfaces, and videocassette recorders. Loaner equipment will only be provided within the limits of OUR non-allocated inventory. Loaner equipment will be provided at no cost to YOU. Loaner equipment may not be an exact match to your existing equipment and may not be compatible with YOUR mounting systems or 127
3 integrated remote control systems or other components of the system. This CONTRACT does not provide for services mounting or connecting non-compatible loaner equipment to YOUR COVERED EQUIPMENT. Portable systems from OUR inventory shall be considered acceptable substitutes as loaner equipment. CRT based video projectors, LCD based video projectors, DLP based video projectors and LCD light valve video projectors shall be considered interchangeable as loaner equipment. YOU agree to be liable for the repair or replacement cost of the loaner unit due to loss or damage while the loaner equipment is in YOUR possession.

III. YOUR OBLIGATIONS DURING THE CONTRACT
A. Equipment Maintenance and Alteration: YOU must provide US with unrestricted access to the COVERED EQUIPMENT for scheduled preventive maintenance visits. YOU may not alter the wiring interconnections of COVERED EQUIPMENT. YOU may not alter or modify the COVERED EQUIPMENT. YOU may not alter, repair or modify the COVERED EQUIPMENT except as expressly directed by OUR service personnel. YOU must operate the equipment as detailed in the user operations manual provided by the manufacturer with the COVERED EQUIPMENT. YOU may not add equipment,components,wiring or otherparts to the COVERED EQUIPMENT without written notification to and acceptance by US.

B. In the Eventof theFailureof a Covered Component:

1. YOU must call us at 866 -346-9283 or 714-637-7272. YOU must provide US with the Service Contract Number or the model of the equipment in need of service and the nature of the problem.

2. YOU must give US access to all COVERED EQUIPMENT at a time within the following 24 hours that is mutually agreeable to both YOU and US and is during OUR on-site service hours. If such a time cannot be mutually agreed upon, WE will schedule a service call to YOUR EQUIPMENT LOCATION at the first available time beyond the 24 hour period during the on-site service hours.

3. YOU must allow US complete and unrestricted access to the COVERED EQUIPMENT during OUR service call for a length of time as required torepairthe COVEREDEQUIPMENT. YOUmustallocateenoughtimewiththeCOVEREDEQUIPMENT totroubleshoot,diagnose, and repair the COVERED EQUIPMENT.

IV. WHAT IS NOT COVERED
A. Parts other than the COVERED EQUIPMENT; projection screens and projection screen control devices; knobs; lamps; bulbs; trim; trim parts; cabinetry; cathode ray tubes (CRT’s); ILA optical units, DMD optical units; DLP//LCD optical units; LCD/Plasma screen panels; or batteries.Suchpartswillbe providedtoYOU at a 15%discountfromOURpublishedprice; B. Failure due to or caused by fire, failure as a result of utility services, failure as a result of poor, unconditioned or fluctuating electrical power, or natural and environmental causes such as earthquake, tornado, lightning, corrosion, flood, or other acts of God, or other causes beyondOURreasonablecontrol.

C. Failure caused by abuse, misuse, or negligence,or previously installed or used equipment which is not in good operating condition; D. Any actual, consequential or incidental damages incurred or suffered by YOU, directly or indirectly, or for economic loss, including, but not limited to inconvenience, loss of profits, loss of business revenue, loss of time, loss of equipment use, or any other economic loss of any kind whatsoever,evenWesternhas been advised of thepossibilitythereof; E. Service required to diagnose YOUR complaint, failure or perceived failure if no mechanical or electrical failure was found, or was due to YOUR inability to properly operate the COVERED EQUIPMENT; 128
4 F. Video projector convergence problems caused by normal electronic fluctuations which occur between scheduled preventive maintenance;
G. Control system or other software programmingchanges to facilitatecontrol functions not available at the commencementof the CONTRACT.

H. Failures or faults caused by structural, mechanical, electrical, or plumbing systems or devices not installed by US and not specifically covered under this CONTRACT.

I. Inability of the Covered Equipment,due to the manufacturingdesign of a product or products or the integration of the system, to perform in a manner otherthan for what it was designed.

K. Convergence of video to a multisynchronus display device (i.e., video projector, video monitor, etc.) other than those that were converged for at thestart of the CONTRACT. Refer totheschedule of converged sources at theend of this contract for covered convergences.

L. Any condition that existed prior to the start date of this CONTRACT that would have been obvious during a pre-inspection of the Covered Equipment.

M. Repairs prohibited by statute, governmental regulation, or any other law.

O. Videoconferencingequipment & softwarewarranties & upgrades (Polycom,Tandberg,Lifesize,Cisco,etc.) P. Owner furnished equipment
V. TRANSFER OF CONTRACT
This CONTRACT may not be transferredto any other party without the express written consent of Western Audio Visual and the payment of a transfer fee equal to not less than ten percent (10%) of the premium amount. Western Audio Visual may, at its sole discretion choose to accept thetransferortoterminatetheCONTRACT.

VI. COMMENCEMENT, EXPIRATION, RENEWAL & CANCELLATION

OF CONTRACT
A. Onor before thirty (30) days following the start date of the CONTRACT:

1. YOU may cancel this CONTRACT and receive refund of the full premium if no benefits have been received or if no service calls or telephonesupporthas beenprovidedtoYOU by US.

2. If benefits have been received or if service calls or telephone support has been provided by US, YOU may cancel this CONTRACT for a refundlessthecostof theserviceperformed,basedonOUR publishedrateschedule.

B. After thirty (30) days following the start date of the CONTRACT, YOU may cancel this CONTRACT. The refund shall be a proration based upon the time expired on the CONTRACT calculated to the start of the month following the notice of cancellation. All cancellations after thirty (30) days are subject to a cancellation fee of ten percent (10%) of the refund amount. To cancel this CONTRACT, YOU must submit a notice of cancellation in writing and return the complete CONTRACT to US. WE will then issue a check for the refund amount. 129
5 C. If the COVERED EQUIPMENT is not new and was not provided, installed or serviced by US, WE reserve the right to inspect the equipment within thirty (30) days of the commencement of this CONTRACT to determine if WE wish to provide the services covered in this CONTRACT. If WE determine that the equipment is not operating correctly, properly, or requires service to bring the equipment to good operating condition, WE will forward an estimate to YOU regarding the cost of such service. This service is not covered by this CONTRACT. If YOU decline to have US perform the work required to bring the COVERED EQUIPMENT up to good operating condition within fourteen (14) days of the date of the estimate, WE may, at OUR sole option, refund the full amount of the premium and cancel this CONTRACT.

D. WE may cancel this CONTRACT at any time for non -payment of the premium or if YOU do not meet YOUR obligations under Article III. If YOU do not meet YOUR obligations under Article III or do not pay the premium within thirty (30) days of OUR invoice, WE have the right to cancel this CONTRACT upon forwarding written notice to YOU. In the event of cancellation due to non -payment, YOU agree to be liable for the full cost of services and parts provided to YOU at the rates published in OUR most current rate schedule. In the event that YOU do not meet YOUR obligations under Article III, we will provide a portioned refund based on the time expired on the CONTRACT.

E. The CONTRACT shall commence upon the receipt of a purchase order or other acceptable payment guarantee,or on the date identified on the first page of this CONTRACT, whichever is later. No CONTRACT on the COVERED EQUIPMENT work may be performed prior to the commencement of the CONTRACT.

F. TheCONTRACTshallrenew365days afterthedate of commencement. Repairwork on theCOVEREDEQUIPMENTwhichwas begunprior totheexpirationoftheCONTRACTshallbecompletedbyUS.

G. ThisCONTRACTshallautomaticallyrenew. EitherYOU or WEmay declineto enter intoa newcontract.

VII. DEFINITIONS
The words listed below have the followingmeanings in this CONTRACT:

COVERED EQUIPMENT
Meansthe equipment for which WE will provideservice, as listed on the first page of this CONTRACT.

CONTRACT
Means this Service CONTRACT which specifies, among other things, YOURCoverage,the CONTRACTPERIOD, theCovered Equipment.

YOU, YOUR(S) City of Aliso Viejo

ELECTRONIC OR MECHANICAL FAILURE AND BREAKDOWN
Means the inability of a properly maintained and operated piece of COVEREDEQUIPMENT to performthefunction(s)forwhich it was designed, due solely to defects in material or faulty workmanship.

Without limitation,ElectronicorMechanical Breakdown and Failure does not include damage due to negligence,caused by accident,or thegradual reductionin performancedueto wearandtear.

CONTRACTPERIOD
Means the period which begins on the date shown on page one of this agreement, or the receipt by us of an acceptable payment guarantee and ends on the expiration of the time limitation as set forthinthisCONTRACT.

WE, US, OUR(S)
Means Western Audio Visual
This CONTRACT is not a manufacturer’s warranty or an extension of a manufacturer’s warranty. This Service CONTRACT may provide duplicate coverage while manufacturer’s warranties are in force. This CONTRACT is not an express, implied or general warranty and is not a condition of the purchaseof the COVEREDEQUIPMENT.
130
6 Covered Equipment
Council Chambers
Quantity Manufacturer Model Description
Video Presentation Screens
2 Viewsonic CDE6520-W 65" 4K Ultra HD Commercial Display, 450 nits 1 Viewsonic CDE5010 50" 4K Ultra HD Commercial Display, 450 nits 1 Chief MFQUB Medium Confidence Monitor Cart 2', black
2 Existing Ceiling Mount for 65" Displays
3 Crestron DM-NVX-360 DM NVX® 4K60 4:4:4 HDR Network AV Decoder
Council Member Displays
7 Planar 22" Touch Monitor w/ kickstand (5 at Dais, 5 at Staff Positions)
1 Crestron DM-NVX-D30 DM NVX® 4K60 4:4:4 HDR Network AV Decoder
1 Crestron HD-DA8-4KZ-E 1:8 HDMI® Distribution Amplifier w/4K60 4:4:4 & HDR Support (Dais Video Distribution)
Video Source Inputs, Distribution and
Routing
8 Crestron DM-NVX-E30 DM NVX® 4K60 4:4:4 HDR Network AV Encoder (Lectern, Staff #1, Staff #2, Main Dais
x3, Barco & Doc Cam)
1 Crestron DM-NVX-E30C DM NVX™ 4K60 4:4:4 HDR Network AV Encoder Card (Broadcast Feed)
1 Crestron DM-NVX-D30C DM NVX™ 4K60 4:4:4 HDR Network AV Decoder Card (Presentation Feed to Broadcast
and Audio De-Embedder)
1 Crestron DMF-CI-8 DigitalMedia™ Card Chassis
1 Crestron DM-XIO-DIR-80 DM XiO Director™ Virtual Switching Appliance for 80 Endpoints

SYSTEM SOURCES
Lectern
Staff Desk #1
Staff Desk #2
Main Dais (x3)
Broadcast Feed
1 Barco CSE-200+ Wireless Presentation Gateway (Connect to HDMI at Staff Desk or Dais)
1 Wolfvision VZ-3neo Document Camera
Sound Reinforcement System
131
7 14 Shure MX418/C Cardioid-18" Gooseneck Condenser
Microphone, Attached Preamp with XLR, Shock
Mount, Flange Mount, Snap-Fit Foam
Windscreen (7 Dais, 3 Staff #1, 3 Staff #2,
Lectern)
13 Clock Audio TS003 Touch Sensitive Mute Switch w/ LED Indicators 1 Biamp TesiraFORTÉ DAN VT Fixed I/O DSP with 12 analog inputs, 8 analog outputs, 8 channels configurable USB audio, 32
x 32 channels of Dante, AEC technology (all 12
inputs), 2 channel VoIP, and standard FXO
telephone interface
1 Biamp TesiraFORTÉ DAN CI Fixed I/O DSP with 12 analog inputs, 8 analog outputs, 8 channels configurable USB audio, 32
x 32 channels of Dante, and AEC technology
(all 12 inputs)
3 Biamp Tesira EX-LOGIC PoE controller with 16 logic GPIO 7 RDL DB-PSP1 Decora-Style Active Loudspeaker, Black
7 RDL PS-24AS 24 Vdc Switching Power Supply
7 RDL DC-1B Single Desktop or Wall Mounted Chassis for
Decora® Remote Controls and Panels - black
1 Shure MXWAPT4 4-Channel Access Point Transceiver
1 Shure MXWNCS4 4-Channel Networked Charging Station
4 Shure MXW2/BETA58 Handheld Transmitter with BETA58®
Microphone (Includes one
SB902 Battery)
Existing Ceiling Speakers and Amplifier
Hearing Impaired System
1 Listen
Technologies
Reuse Existing ALS System
Control System
1 Crestron CP3N 3-Series Control System®
1 Crestron DGE-100 Digital Graphics Engine 100 (Touchscreen) 1 Crestron Xpanel Control from Broadcast Control
Room (Included in Programming)
1 HP E230T 24" Micro Edge Monitor w/ USB Touch (Clerks
Touchscreen)
1 Ergotron 45-241-026 LX Series Monitor Arm
132
8 1 Cisco SG350-52MP-K9-NA 350 Series 52-Port PoE+ Managed Gigabit Ethernet Switch
1 DSAN Existing Timer System
Production Video Systems
6 Panasonic AW-HE130 P/T/Z Camera (Existing)
1 Panasonic AW-RP150 Camera Controller (Existing)
1 Blackmagic
Design
ATEM 1 M/E Production Studio 4K (Existing)
1 Blackmagic
Design
ATEM Advanced Control Panel (Existing)
1 Blackmagic
Design
Teranex AV for SDI Downconversion
(Existing)
1 Blackmagic
Design
VHUBSMTCS6G1212 Smart Videohub CleanSwitch 12 x 12 6G-SDI 1 Samsung QM43R 43" UHD LED Display (MultiView)
2 Viewsonic VA2259-SMH 22" 16:9 IPS Monitor (Engineering PC) 1 Ergotron 45-245-224 Mounting Arm for Monitor - Matte Black - 2 Display(s) Supported27" Screen Support - 39.90
lb Load Capacity ((Engineering PC Monitors)
1 Chief TS325TU Medium THINSTALL Dual Swing Arm Wall
Display Mount (Muliview)
1 Chief FHB5147 Universal Flat Panel Mount Hardware kit 1 HP 20J44UT#ABA Windows 10 Pro 64; 10th Generation Intel® Core™ i7 processor; 8 GB memory; 256 GB
SSD storage; Intel® UHD Graphics 630
(ENGINEERING PC)
1 OFE Adobe - Creatvie Cloud - Photoshop and
Premier Pro CS for Lower Third Graphics
and Video Editing (Subscription, Must be
Provided by Customer)
2 HP 2B0E2UT#ABA Windows 10 Pro 64, 11th Generation Intel® Core™ i7 processor;
16 GB memory; 512 GB SSD storage with 32
GB Intel® Optane™ memory H10" after; 15.6"
diagonal FHD display; Intel® Iris® Xᵉ Graphics
1 Tightrope Media
Systems
CBL-VIOLITE-600 2 channel configurable 1x1 or 0x2 SD/HD SDl encode/decode, multi-format server with 8TB of
storage in a 1 RU chassis. Selectable SD or HD
SDI with embedded audio. Pulls in RTP, RTMP
and HLS streams. Includes Cablecast
Automation, Video and CG server Software.

Cablecast CG Player Software is optional.

Includes graphics, crawl, bug, bug text on
output. 3 year hardware warranty and 2 hours of
installation support and training within first year.
133
9 1 Tightrope Media
Systems
CBL-CGPLAYER-LIC Cablecast CG bulletin board software for installation in Cablecast VIO video servers. All
bulletin board features and native integration
with the Cablecast schedule for display of "Airs
Again On", "Coming up Next" and Cablecast
schedule bulletins, updated dynamically
throughout the day. Includes 1 hour of remote
installation support.
2 Blackmagic
Design
CONVMUDCSTD/HD Mini Converter UpDownCross HD
1 Blackmagic
Design
BDLKWEBPTR Web Presenter
1 Blackmagic
Design
CONVNTRM/YA/SMTPN Teranex Mini Smart Panel
1 Blackmagic
Design
CONVNTRM/YA/RSH Teranex Mini Rack Shelf
1 Blackmagic
Design
CONVCMIC/SH03G/WPSU Micro Converter SDI to HDMI 3G (with Power Supply)
1 AJA Helo H.264 Streamer & Recorder
1 Sandisk SDSDXPK-064G-ANCIN 64GB Extreme PRO UHS-II SDXC Memory Card
2 Kramer VM-80VN 1:8 Composite Video Distribution Amplifier 1 Kramer VM-50AN 1:5 Balanced & Unbalanced Stereo Audio Distribution Amplifier
1 Omnirax OMNI-B OmniDesk Audio / Video Workstation (Black Melamine)
2 Middle Atlantic UPS-1000R Premium Series UPSRackmount Power, 8 Outlet, 1000VA/750W
Voting System
1 Crestron DGE-100 Voting Results Server
1 Crestron DM-NVX-E30C DM NVX™ 4K60 4:4:4 HDR Network AV Encoder Card (Voting Results Server)
1 Crestron TSW-760-B-S 7 in. Touch Screen, Black Smooth (Mayor's Position)
1 Crestron TSW-760-TTK-B-S Tabletop Kit for TSW-760 and TSS-7, Black Smooth
6 Crestron TSW-560-B-S 5 in. Touch Screen, Black Smooth (6 Dais Positions)
6 Crestron TSW-560-TTK-B-S Tabletop Kit for TSW-560, Black Smooth The Ranch Community Center
Main Hall
Quantity Manufacturer Model Description
Display System
4 Viewsonic CDE8620-W 86IN 4K UHD COMMERCIAL

DISPLAY MNTR
134
1 2 Samsung QN65Q60TAFXZA 64.5" Smart LED-LCD TV - 4K UHDTV - Titan Gray - Quantum Dot LED Backlight - Bixby, Google Assistant,
Alexa Supported - 3840 x 2160 Resolution QUANTUM
HDR & UHD 4K PROCESSOR
4 Chief XTM1U X-Large Fusion Micro-Adjustable Tilt Wall Mount 2 Chief MTM1U Medium Fusion Micro-Adjustable Tilt Wall Mount Signal Distribution and Switching System
8 Crestron DM-NVX-E760C DM NVX® 4K60 4:4:4 HDR Network AV Encoder Card with DM® Input
4 Crestron DM-NVX-360 DM NVX® 4K60 4:4:4 HDR Network AV Encoder/Decoder (Decoders)
1 Crestron DMF-CI-8 DigitalMedia™ Card Chassis for DM-NVX-C & DMCF, 8 Slots
8 Crestron HD-TX-101-C-1G-E-
B-T
DM Lite® Transmitter for HDMI® Signal Extension over
CATx Cable, Wall Plate, Black Textured (2 Per Room,
Floor Boxes)
1 Netgear GSM4248P-100NAS Netgear AV Line M4250 GSM4248P 40-Port Gigabit PoE+ Compliant Managed AV Switch with SFP (480W)
2 Apple MXGY2LL/A Apple TV 4K (32GB, 2021)
4 Custom HDMI Input Plate (Near Display)
1 Barco R9861520NA CSE200 Wireless Presenation Gateway (Shared Between Rooms)
Audio System
16 JBL CONTROL 28-1 8" 2-WAY SURFACE-MT SPKR, BLK
2 LABGRUPPEN E 10:4-UL 8 channels, 250 watts/ch at 70V. 4 RDL DDB-BTN44 Dante™ Networked Audio Wall Plate w/ Bluetooth 1 Biamp TesiraFORTÉ DAN
CI
Fixed I/O DSP with 12 analog inputs, 8 analog outputs, 8 channels configurable USB audio, 32 x 32 channels of
Dante, and AEC technology (all 12 inputs)
4 Shure BLX24R/SM58-H9 Wireless Rack-mount Vocal System with SM58 4 Shure BLX14R-H9 Wireless Rack-mount System w/ Beltpack Transmitter 4 Shure WL185 Microflex Cardioid Microphone
2 Shure UA844+SWB/LC Five-Way Active Antenna Splitter
2 Shure UA8100 100' Antenna Cable
2 Shure UA834WB Active Antenna Amplifier
2 Shure UA8-518-578 1/2-wave Antenna
135
1 2 Samsung HW-Q60T/ZA 5.1 Bluetooth Speaker System - Black - Wall Mountable - Dolby Digital 5.1, DTS Digital Surround, Surround
Sound, DTS Virtual:X - USB - HDMI 5.1 CHANNEL
360W 7 SPEAKER 6.5 SUB
Control System
4 Crestron TSW-570-W-S 5 in. Wall Mount Touch Screen, White Smooth 1 Crestron TST-902 8.7" Wireless Touch Screen
1 Crestron CP4N 4-Series Control System
1 Crestron CEN-GWEXER infiNET EX® Network and ER Wireless Gateway 4 Crestron GLS-PART-CN Cresnet® Partition Sensor
8 Tripp Lite NPOE-30W-1G Midspan PoE+ Injector (4 Touchscreens, 4 Audio I/O Plates)

MISC ELLANEOUS
1 Middle Atlantic BRK14 RK BRK Black Laminate Rack Series Barn
Display System
2 Samsung BE75T-H 75" LED-LCD TV - 4K
2 Chief XTM1U X-Large Fusion Micro-Adjustable Tilt Wall Mount Signal Distribution and Switching System
4 Crestron DM-NVX-363 DM NVX® 4K60 4:4:4 HDR Network AV Encoder/Decoder with Downmixing and Dante® Audio
1 Netgear GSM4230PX PoE+ AV Line Managed Switch - 24 Ports - Manageable - 3 Layer Supported - Modular - 46.80 W Power
Consumption - 480 W PoE Budget
Audio System
6 JBL Control 67 P/T 6.5" Two-way pendant speaker, Extended Range Full- Range Pendant Speaker
1 LABGRUPPEN E 10:4-UL 8 channels, 250 watts/ch at 70V. 2 RDL DDB-BTN44 Dante™ Networked Audio Wall Plate w/ Bluetooth 1 Biamp TesiraFORTÉ DAN
CI
Fixed I/O DSP with 12 analog inputs, 8 analog outputs, 8 channels configurable USB audio, 32 x 32 channels of
Dante, and AEC technology (all 12 inputs)
2 Shure BLX24R/SM58-H9 Wireless Rack-mount Vocal System with SM58 2 Shure BLX14R-H9 Wireless Rack-mount System w/ Beltpack Transmitter 2 Shure WL185 Microflex Cardioid Microphone
1 Shure UA844+SWB/LC Five-Way Active Antenna Splitter
2 Shure UA8100 100' Antenna Cable
2 Shure UA834WB Active Antenna Amplifier
136
1 2 Shure UA8-518-578 1/2-wave Antenna
Control System
2 Crestron TSW-570-W-S 5 in. Wall Mount Touch Screen, White Smooth 1 Crestron CP4N 4-Series Control System
1 Crestron GLS-PART-CN Cresnet® Partition Sensor
1 Biamp Tesira TEC-1s PoE Ethernet control: surface mount (Lobby)

MISCELLANEOUS
1 Middle Atlantic BRK10 RK BRK Black Laminate Rack Series Conference Center
Qt
y
Manufacture
r Model Description
3 OFE Owner
Furnished
3 OFE Owner
Furnished
Epson ELPLP-76 Projectors
Motorized Projection Screens
Interface and Switching System
1 Crestron DM-MD16X16 16x16 Digital Media Switcher
3 Crestron DM-RMC-4K-

SCALER-C
4K DigitalMedia 8G+® Receiver & Room
Controller w/Scaler
3 Crestron DMC-4KZ-C Digital Media Input Card
12 Crestron DMC-4KZ-HD HDMI® 4K60 4:4:4 HDR Input Card for DM® Switchers
2 Crestron DMC-4K-HDO 2-Channel 4K Scaling HDMI® Output Card for DM® Switchers
2 Crestron DMC-4K-CO-
HD-HDCP2
2-Channel HDBaseT® Certified 4K
DigitalMedia 8G+® Output Card for DM®
Switchers
3 Crestron AM-101 AirMedia® Presentation Gateway
3 Crestron DM-TX-200-C-
2G-W-T
Wall Plate DigitalMedia 8G+® Transmitter
200, White Textured
3 Apple AppleTV4 Apple TV (32GB, 4th Generation)
3 Sony BDP-S6500 Blu-Ray Player
3 OFE Owner
Furnished
Cable/Satelite Box
Display System
137
1 1 Muxlab 500840 MuxLab 5" HDMI/3G-SDI Triple Display
Rack Mount Monitors
AV Sources:

Air Media Wireless Laptop (3)
Laptop HDMI & VGA w/Audio Wall Plate
(3)
Apple TV (3)
Blu-Ray Player (3)
Cable TV (3)
Control System
2 Crestron GLS-PART-CN Partition Sensor
4 Crestron TSW-1060-W-
S

10.1” Touch Screen, White Smooth
1 Crestron CP3N 3-Series Control System®
1 Netgear GS108PE 8-Port Ethernet Switch with 4-Port PoE Audio System
2 Biamp TesiraFORTE
VI AVB
12 Input, 8 Output Digital Sound Processor
w/VoIP
9 OFE Owner
Furnished
Sperakers (Audio Zones: Lobby, Main
Office, Grooms Suite, Bridal Suite, A,B,C
Patio)
3 Lab Gruppen E12US 2-Channel 1,200 Watt Audio Amp
6 Shure ULXD4=-G50 Digital wireless microphhone receiver 3 Shure ULXD2/SM58=
-G50
Hanheld Wireless Microphone
3 Shure ULXD1=-G50 Bodypack Wireless Microphone
3 Shure WL185 Cardiod Lavalier Microphone
2 Shure UA844SWB Antenna Distribution System
6 Shure UA834WB In-Line Wireless Mcrophone Antenna
Amplifier for Remote Mounting
4 Shure UA221 Antenna Splitter/Combiner
Miscellaneous Components
1 OFE Owner
Furnished
AV Equipment Rack
138
1 6 Middle
Atlantic
U2 2sp Universal Rack Shelf
3 Middle
Atlantic
RSH4A-SONY-
BDPS6500
Custom Rack Shelf (Sony Blu-Ray)
1 Western AV Custom Hardware, Wire/Cable and Connectors ACCEPTED BY: ACCEPTED FOR Western Audio Visual
Signature: Signature:

Title: Title:(Kevin Mahkorn) Service Manager
Date: Date:
139
City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: ZONE CHANGE FOR 1 POLARIS WAY
Recommended Action:

Hold a public hearing and introduce for first reading an Ordinance entitled:

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 “PROFESSIONAL OFFICE” DISTRICT AT 1 POLARIS

WAY AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTIONS 15060 AND 15061.

Fiscal Impact:

None.

Background:

The project site at 1 Polaris Way, is located on the south side of Aliso Viejo Parkway on the Polaris Campus (the former Fluor Corporation Southern California headquarters) and is improved with an existing 76,186 square foot, three-story office building. The Polaris Campus was originally approved for development through the County of Orange with entitlements granted and modified by the County in 1997 and 1998 for five office buildings measuring 430,268 square feet in total size.

On June 1, 2016, the City Council approved Planning Application PA15-030 (SDP/EP), to construct a 42,400 square foot, two-story general office building and a 423 space, 4½ level parking structure with a 7.6% parking reduction on the subject site. The City Council granted time extensions in 2019 and 2020, which have expired as of December 1, 2020.

On February 29, 2024, Patrick Cox (Applicant) submitted an application requesting a zone change to allow residential use in addition to the existing office use on the subject site. 140

Page 2 of 3 ends

Discussion:

The subject site is zoned Professional Office, which allows office, dining and entertainment, group care, lodging, retail, and other variety of non-residential uses. The existing site is approximately four acres in size, developed with a building consisting of office and commercial spaces.

In January 2024, the Applicant provided a market study which revealed that the City has a total leasable area of 2.3 million square feet. Over one million of this space, which constitutes approximately 53% of the total leasable area, was vacant at the time of the study. The recent COVID-19 pandemic has significantly altered work patterns, with a substantial shift towards remote work or hybrid models that combine office and remote work environments. This has led to increasingly higher vacancies in office buildings, which has resulted in appraisals reflecting decreases in value. Recognizing this trend, the Applicant has been forced to explore alternative future uses, including residential. To allow residential on the subject site, the Applicant is requesting a zone change to add the Mixed-Use/Residential Overlay District (“MU/R”) to the existing Professional Office designation. The MU/R would allow residential or a blend of residential and non- residential uses within a single parcel. While the Applicant does not have specific development ideas at this time, the requested zone change would provide the option to include residential use on their site to proactively address the decline in value.

The subject site is strategically located immediately next to a large multi-family residential community (Windsong Condominiums) that borders the east and south property lines. A future residential or a blend of residential and non-residential uses on the site would be compatible with the nearby properties from a use standpoint. Any future development would require site specific design and environmental review, subject to a public hearing.

The required findings can be made for the proposed zone change, as reflected in the attached Ordinance.

Environmental:

The proposal is exempt from the California Environmental Quality Act (CEQA) because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment and is thus not a “project” under State CEQA Guidelines section 15378 (See State CEQA Guidelines, § 15060(c)(2) and (3).

Alternatively, even if the proposal did qualify as a project under CEQA, Staff finds that the proposal is still exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, which provides that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposal will not have a significant effect on the environment as it does not authorize any construction or development. Any future development on the site will be subject to CEQA and require site specific environmental analysis at that time.
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Public Notice:

This item was publicly noticed on May 2, 2024, in accordance with state law and the City’s standard agenda procedures.

Attachments:

1. Proposed Ordinance

2. Presentation
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ORDINANCE NO. 2024-_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AMENDING THE ZONING MAP TO ADD “MIXED- USE/RESIDENTIAL OVERLAY” DISTRICT TO THE EXISTING
“PROFESSIONAL OFFICE” DISTRICT AT 1 POLARIS WAY AND

FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA
GUIDELINES SECTIONS 15060 AND 15061
WHEREAS, the City of Aliso Viejo, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 1997 and 1998, the County of Orange approved the development of five office buildings measuring 430,268 square feet in total size at the Polaris Campus; and WHEREAS, on June 1, 2016, the City Council approved Planning Application PA15-030 (SDP/EP), to construct a 42,400 square foot, two-story general office building and a 423 space, 4½ level parking structure with a 7.6% parking reduction at 1 Polaris Way; and WHEREAS, in 2019 and 2020, the City Council granted time extensions to the validity of Planning Application PA15-030, which have since expired as of December 1, 2020; and WHEREAS, on February 29, 2024, Patrick Cox (Applicant) submitted an application to amend the zoning designation of 1 Polaris Way by adding the Mixed-Use/Residential Overlay to the existing Professional Office designation to allow residential use in addition to the existing office use on 1 Polaris Way; and
WHEREAS, on May 15, 2024, the City Council held a duly noticed public hearing at which time all interested persons had the opportunity to appear and be heard on the matter of amending the zoning designation of 1 Polaris Way. Following the public hearing, the City Council introduced (i.e., conducted a first reading of) the Ordinance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Aliso Viejo does ordain as follows:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Based on the entire record before it, the City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment and is thus not a “project” under State CEQA Guidelines section 15378. (See State CEQA Guidelines, § 15060(c)(2) and (3).) Alternatively, even if the adoption of the Ordinance did qualify as a project under CEQA, the City Council finds that the Ordinance is exempt from CEQA 143
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under Section 15061(b)(3) of the State CEQA Guidelines, which provides that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the Ordinance will not have a significant effect on the environment as it does not authorize any construction or development. Any future development on the site will be subject to CEQA and require site specific environmental analysis at that time.

SECTION 3. Zone Change. This Ordinance applies to 1 Polaris Way, amending the zoning designation from Professional Office to Professional Office with Mixed- Use/Residential Overlay.

SECTION 4. Required Findings. In accordance with Section 15.78.040(F) of the Aliso Viejo Municipal Code, the City Council hereby finds as follows:

A. Public Welfare. Approval of the zone change will not create conditions materially detrimental to the public health, safety, and general welfare. The zone change, which would permit residential use in addition to non-residential use, is expected to be compatible with the immediate area as the subject site is adjacent to a large multi-family complex on its eastern and southern boundaries. Additionally, the subject site is already developed with a large office building and has access to necessary infrastructure. The zone change simply introduces the possibility of residential development and does not authorize construction. Any future development on the site would require site specific analysis to ensure compatibility and appropriateness.

B. General Plan. The zone change is consistent with the goals, objectives, and policies of the general plan. Specifically, the zone change is consistent with the Housing Element goals and policies that encourage residential development (Policy H-1.2), collaborating to overcome constraints to residential development (Policy H-1.3), and mixed-use neighborhoods that incorporate housing with commercial and business park developments (Policy H-1.5). The zone change allows the integration of residential development within an office complex, a provision that was not previously available, and facilitates housing development.

C. Land Use Compatibility. The zone change is compatible with the zoning and land use on nearby properties. The zone change, which would permit residential use in addition to non-residential use, is expected to be compatible with the immediate area as the subject site is adjacent to a large multi-family complex on its eastern and southern boundaries. Any future development on the site would require site specific analysis to ensure compatibility and appropriateness.

D. Property Suitability. The zone change is suitable for the location, access, visual character and topography of the subject property. The subject site is already developed with necessary infrastructure and well-established access points 144
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ensuring ease of transportation and movement. The subject site borders a large multi-family community to the east and south and thus, the introduction of residential use is expected to maintain the character of the larger area. The topography of the subject site is flat and already developed, ensuring that any development or change will be physically feasible.

SECTION 5 . Effective Date. This Ordinance takes effect 30 days following its adoption.

SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would adopt this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. City Clerk’s Certification. The City Clerk shall certify the adoption of this Ordinance and post or publish this Ordinance as required by law. The Clerk shall also file a Notice of Exemption immediately following adoption of the Ordinance.

PASSED, APPROVED AND ADOPTED this ___ day of ______ 2024. __________________________
Mike Munzing
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Lauren Torres, Deputy City Clerk 145
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, LAUREN TORRES, Deputy City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2024-_____ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ___ day of _______ 2024, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

LAUREN TORRES

DEPUTY CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2024-_____ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held June 5, 2024 and that the Summary of the Ordinance was published on _____ and _____ in the Laguna Niguel News.
___________________________

LAUREN TORRES

DEPUTY CITY CLERK
(SEAL)
146
1 Polaris Way
(Proposed Zone Change)
147
Proposed Zone Change
• Professional Office
• Add Mixed Use/Residential
Overlay District
2 148
Recommended Action:
3 • Hold a public hearing and introduce for first reading an Ordinance entitled:

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
“PROFESSIONAL OFFICE” DISTRICT AT 1 POLARIS WAY AND

FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA
GUIDELINES SECTIONS 15060 AND 15061
149
City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Rose Rivera, Senior Planner
So Kim, Community Development Director
SUBJECT: CONDITIONAL USE PERMIT FOR A NEW BOWLING ALLEY WITH LIVE

ENTERTAINMENT, A VIDEO GAME ARCADE, AND A
RESTAURANT WITH ALCOHOL SERVICE AT 26503 ALISO CREEK
ROAD (USE-2023-00028)
Recommended Actions:

1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and

2. Adopt a Resolution (Attachment 1) approving Conditional Use Permit for a new bowling alley with live entertainment, a video game arcade, and a restaurant with alcohol service at 26503 Aliso Creek Road (USE-2023-00028).

Fiscal Impact:

There is no fiscal impact.

Background:

The original development project at the subject site was approved by the County of Orange in 1993, and Super K-Mart occupied the entire building. Subsequently, Site Plan Amendment SPA03-19 was approved by the City, which allowed for remodeling of the building and re-tenanting with Lowe’s Home Improvement and Michael’s craft store in October 2003. On November 16, 2005, the City Council adopted Ordinance 2005-080, which approved the Commons at Aliso Town Center Specific Plan No. 2. The specific plan was developed to accommodate a mixed-use development to include retail, restaurant, and residential uses. In 2019, Lowe’s ceased business operations, and the building has been underutilized since that time.

On July 20, 2022, the City Council approved Planning Application SDP-2022-00001 for a Site Development Permit to allow for exterior modifications to the building and parking lot of the former Lowe’s building, including redesign of the primary building elevations, and 150

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modifications to the landscaping and parking lot. Subsequently, the property owner divided the former Lowe’s building into ten tenant suites (Figure 1).

On December 18, 2023, Troy Thomas representing Lucky Strike (“Applicant”) submitted a Conditional Use Permit application for a new bowling alley with live entertainment , a video game arcade, and a restaurant with alcohol service at 26503 Aliso Creek Road. On April 24, 2024, the application was deemed complete.

General Plan Land Use Designation: Town Center Commercial (“TCC”)/High Density Residential (“HDR”)
Zoning Designation: Specific Plan No. 2 Commercial-Town Center (“SP2-CTC”)
Environmental Review: Categorically Exempt
(CEQA Section 15301 – Existing Facilities)
Figure 1. Tenant Suite Plan
TENANT
SPACE 2 –

PROPOSED

BOWLING
ALLEY
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Figure 2. Project Site – Commons at Aliso Viejo Town Center Discussion:

The proposed project consists of converting a 38,535 square foot tenant space into a 35- lane bowling alley with live entertainment including a video game arcade and a full-service restaurant with alcohol service. In addition, late hours are proposed in conjunction with the operation (Table 1) . The Applicant is seeking a Type 47 Liquor License with the California Alcoholic Beverage Control. The establishment of alcoholic beverage sales and service in conjunction with food service, live entertainment , and arcades are subject to the approval of a Conditional Use Permit (CUP) per Table IV-1 of the Commons Specific Plan.

Table 1. Proposed Hours of Operation
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Restaurant with Alcohol Service
As part of its operations, the Applicant seeks a Type 47 On-Sale General Eating Place License for the sale, service, and consumption of alcoholic beverages on premises from the California Department of Alcoholic Beverage Control (“ABC”).

Aliso Viejo Municipal Code (“AVMC”) Section 15.22.200 (Sale of Alcoholic Beverages) requires that the decision-making authority find that a proposal to sell alcoholic beverages is consistent with the purpose and intent of the City’s regulations. These regulations are intended to prevent alcohol-related problems. In making this determination, the City Council is to consider (1) the crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City; (2) the number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts; (3) the proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools; and, (4) whether the permit will result in an overconcentration of alcoholic beverage outlets in the vicinity of the proposed outlet.    Aliso Viejo Police Services analyzed the information and based on the numbers collected and procedural safeguards, determined that the data is within acceptable thresholds related to alcohol-related concerns (Attachment 4).

Live Entertainment
The Commons Specific Plan defines live entertainment as “Entertainment provided in a public or private space with or without compensation, including, but not limited to, recorded music with or without a disc jockey, live bands and vocalists, dancing by patrons only, comedians, billiards and/or snooker, billiard tournaments, exhibitions by billiard experts, televised news or sporting events, music videos, and video arcade games.” The request for live entertainment includes a 5,352 square foot arcade area with interactive and redemption video games in addition to allowing performers in conjunction with special events hosted by the Applicant’s patrons.

According to the Applicant, their business model includes a live entertainment option which includes allowing patrons hosting private parties to bring in performers (e.g. face painters, magicians, musicians, DJ’s, etc.) to entertain their guests. Performances involving ticket sales, large sound amplification, lighting rigs, elevated stages or large crowds whose sole purpose is to attend a live function are excluded from this request.

The Applicant will provide adequate sound and vibration attenuation to prevent sound transmission to the adjacent businesses and exterior of the building.

Noise Analysis Report
The Applicant submitted a noise analysis report to determine the best sound reduction strategy for the bowling alley and live entertainment uses. The report (Attachment 5, dated February 3, 2023) by Saxelby Acoustics, determined the anticipated sound levels of the proposed use and made recommendations to reduce potential sound impacts to 153

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the adjacent businesses. As a result of this analysis, noise control recommendations are provided which include:

1. An acoustic wall assembly comprised of metal studs, insulation and sound isolation clips shall be constructed between the bowling alley and adjacent tenant spaces (Construction details are provided in the Noise Analysis Report).

2. Acoustic assemblies shall be full height and sealed at the roof deck with closed cell foam and/or appropriate fire/acoustic caulking. Any penetrations in an acoustic assembly shall also be sealed.

3. Speakers shall not be attached to the demising wall.

The Applicant has designed the walls in compliance with the recommendations to mitigate noise impacts which may be generated by the operation.

Parking
The shopping center shares parking spaces through a series of reciprocal agreements for parking, access, encroachments, and utilities; therefore, parking is evaluated on all uses within the shopping center at a rate of one space per 220 square feet of gross floor area. The shopping center, which consists of the former Lowe’s building, perimeter buildings (e.g., Trader Joe’s, Walgreens, Taco Bell, etc.) and proposed tenant outdoor patios, consists of a total of 236,631 square feet. Based on this square footage, the parking requirement is 1,076 parking spaces, and 1,090 parking spaces are provided. No changes are proposed to the size of the subject tenant space that would impact the parking requirements.

Findings
The subject site, 26503 Aliso Creek Drive, has a zoning designation of Specific Plan No. 2 Commercial Town Center (“SP2-CTC”). The establishment of a new bowling alley with live entertainment, a video game arcade, and a restaurant with alcohol service are subject to the approval of a Conditional Use Permit (CUP) per Table IV-1 of the Specific Plan. Pursuant to the Commons Specific Plan Section 7 Administration and Implementation, the following findings (in bold text) shall be made by the decision-making authority prior to the approval of a CUP.

1. That the proposed conditional use is consistent with the General Plan.

The subject site has a General Plan land use designation of Town Center Commercial (“TCC”)/High Density Residential (“HDR”) which allows a mixture of community retail and commercial services. Section 4 of the Specific Plan further specifies that other uses, including but not limited to, dining, entertainment, theaters, and automotive, etc. are also allowed with approval of a CUP. Therefore, 154

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the proposed bowling alley, restaurant with alcohol service, and live entertainment will be consistent with the general plan and this finding can be made.

The proposed location for the proposed bowling alley with live entertainment, a video game arcade, and a restaurant with alcohol service is located in the Specific Plan No. 2 Commercial Town Center zoning district which is characterized by a variety of uses including retail, dining, and entertainment uses.

The Project requires a Type-47 (On-sale General Eating Place) license from California Department of Alcoholic Beverage Control (“ABC”). The Applicant submitted detailed staff training procedures to manage the sale and service of alcohol. This includes the necessary precautions, protocols, and other onsite security measures to ensure a safe environment. As mentioned above Orange County Sheriff’s Department provided a report that analyzed alcohol-related crime rates and reportable incident data. After reviewing the data, it was concluded that the number of general and alcohol related crimes are within tolerable limits and recommended approval of the Type 47 ABC License.

Furthermore, the Applicant will implement noise mitigation measures as outlined in the Noise Analysis Report to prevent sound transmission to neighboring businesses. As such, the proposed bowling alley, restaurant with alcohol service, and live entertainment will be compatible with other commercial uses in the shopping center and this finding can be made.

As discussed in the introductory paragraph above, the Specific Plan allows a bowling alley, restaurant with alcohol service, and live entertainment with approval of a CUP. The applicant proposes to remodel the interior of the existing suite with no exterior changes. The Project would be in an existing shopping center which shares parking spaces through a series of reciprocal agreements for parking, access, encroachments, and utilities; therefore, parking is evaluated on all uses within the shopping center at a rate of one space per 220 square feet per gross floor area. No changes are proposed to the size of the subject tenant space that would require additional parking spaces.
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Based on the discussion above, the site is adequate to accommodate the proposed bowling alley, restaurant with alcohol service, and live entertainment and therefore, this finding can be made.

Environmental:

The proposed use is Categorically Exempt from environmental review per CEQA guidelines Section 15301 Existing Facilities, Class 1, as the proposed bowling alley consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, involving no expansion of existing or former use.

Public Notice:

On May 2, 2024, a public hearing notice was published in the Laguna Niguel News and mailed to all owners of real properties within 300 feet of the subject real property. No public comments were received in response.

Attachments:

1. Draft Resolution

2. Applicant Project Description Letter

3. Project Plans

4. Police Services Report

5. Noise Analysis Report

6. Presentation
156
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Attachment 1
RESOLUTION NO. 2024- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR

A NEW BOWLING ALLEY WITH LIVE ENTERTAINMENT, A VIDEO

GAME ARCADE, AND A RESTAURANT WITH ALCOHOL SERVICE AT
26503 ALISO CREEK ROAD (USE-2023-00028)
WHEREAS, on December 18, 2023, the Applicant, Troy Thomas, representing Lucky Strike, submitted Planning Application USE-2022-00028 for a conditional use permit to allow for a new bowling alley with live entertainment, a video game arcade, and a restaurant with alcohol service at 26503 Aliso Creek Road (“Project”); and WHEREAS, on April 24, 2024, the application was deemed complete; and WHEREAS, on May 2, 2024, a public notice of the public hearing was published in the Laguna Niguel News and mailed to all property owners within 300 feet of the subject site; and
WHEREAS, on May 15, 2024, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation related to Conditional Use Permit USE-2023-00028; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Determination of Recitals. The City Council hereby finds and determines that all of the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.

SECTION 2. Compliance with CEQA. The City Council finds the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 exemption. The minor modifications to the interior of the building would involve only a negligible expansion of the proposed use (State CEQA Guidelines, § 15301 [Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, or minor alteration of existing structures, facilities, or topographical features involving negligible or no expansion of existing or former use].). Tenant improvements associated with the project are within the building and no additional improvements beyond the existing property boundaries are needed.

SECTION 3. Approval of Project and Findings for Conditional Use Permit. In accordance with Section 7 of the Commons at Aliso Town Center Specific Plan, the City Council hereby makes the following findings of fact and approves Planning Application 157
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USE-2023-00028 for a new bowling alley with live entertainment, a video game arcade, and a restaurant with alcohol service at 26503 Aliso Creek Road, subject to the conditions set forth in Exhibit “A” and project plans set forth in Exhibit “B”, which are exhibits are both attached hereto and incorporated herein by reference.

1. That the proposed conditional use is consistent with the General Plan. The subject site has a General Plan land use designation of Town Center Commercial (“TCC”)/High Density Residential (“HDR”) which allows a mixture of community retail and commercial services. Section 4 of the Specific Plan further specifies that other uses, including but not limited to, dining, entertainment, theaters, and automotive, etc. are also allowed with an approval of a conditional use permit (CUP).

2. That the nature, condition and development of adjacent uses, buildings, and structures have been considered, and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures. The proposed location for the bowling alley is located in Specific Plan No. 2 Commercial Town Center zoning district which is characterized by a variety of uses including retail, dining and entertainment uses. The Project requires a Type-47 (On-sale General Eating Place) license from California Department of Alcoholic Beverage Control (“ABC”). The Applicant submitted detailed staff training procedures to manage the sale and service of alcohol. This includes the necessary precautions, protocols and other onsite security measures to ensure a safe environment. Additionally, the Orange County Sheriff’s Department provided a report that analyzed alcohol-related crime rates and reportable incident data and concluded that the number of general and alcohol related crimes are within tolerable limits and recommended approval of the Type 47 ABC License. Furthermore, noise mitigation measures will be provided as reflected in the Applicant’s Noise Analysis Report to prevent sound transmission to neighboring businesses.

3. That the proposed site is adequate in size and shape to accommodate the walls, fences, parking and loading facilities, landscaping and other land use development features prescribed in the specific plan and required by the City in order to integrate the use with existing and planned uses in the vicinity. The Specific Plan allows a bowling alley, restaurant with alcohol service, and live entertainment with an approval of a CUP. The Project involves interior remodeling of the existing suite with no exterior changes. As the tenant space will remain the same size, no additional parking is required. Additionally, all interior work will require compliance with the building code and therefore will be consistent with the City’s regulations.

SECTION 4. Filing of Notice of Exemption. The City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed Project. Additionally, the Notice of Exemption for this project will be posted on the City of Aliso Viejo website, filed in the State Clearinghouse CEQA.net website, and provided to parties requesting notification. 158
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SECTION 5. Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of records is the City Clerk.

PASSED, APPROVED AND ADOPTED this 15th day of May 2024. _____________________________
Mike Munzing
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott C. Smith Lauren Torres
City Attorney Deputy City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, LAUREN TORRES, Deputy 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 15th day of May 2024, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

LAUREN TORRES

DEPUTY CITY CLERK
(SEAL)
160
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EXHIBIT “A”
PLANNING APPLICATION USE-2023-00028

CONDITIONS OF APPROVAL

1. Project Description. This approval is for a Conditional Use Permit USE-2023-00028 to allow for a new bowling alley with live entertainment, a video game arcade, and a restaurant with alcohol service at 26503 Aliso Creek Road in accordance with all plans and exhibits as presented to and approved by the City Council on May 15, 2024.

2. Development Per Approved Plans . This approval constitutes a precise plan for location and design of uses, structures, features and materials submitted with this application. Development shall occur substantially as shown on the plans and description letter approved for this Project and on file in with the Department of Planning Services, subject to any modifications imposed by the conditions of approval herein, as confirmed by the Community Development Director. Any land use, construction or improvement not specifically approved by this use permit is not permitted and must be addressed in a separate and subsequent application and review. Relocation, alteration or addition to any use, structure, feature or material not specifically approved shall require an amendment to the approved plans unless the Community Development Director determines such modifications are minor and consistent with the spirit and intent of the original approving action, and that the action would have been the same for the modifications as for the approved plans.

The Community Development Director may approve such minor modifications in accordance with AVMC Section 15.74.110.

3. Applicant Designation. For the purpose of Conditional Use Permit USE-2023-00028 and as referenced in the conditions, “Applicant” shall apply to Lucky Strike, owner, operator, and any and all future successors and/or assigns of the approved establishment.

4. Payment of Fees. The Applicant shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with conditions. All fees and expenses shall be paid in full prior to issuance of a certificate of occupancy. Prior to issuance of applicable City approvals or permits, the applicant shall be fully responsible for reimbursing the City of Aliso Viejo for all expenses incurred to process the application and assure compliance with all conditions of approval.

5. Compliance with Conditions. The Applicant shall be fully responsible for knowing and complying with all conditions of approval, including making conditions known to City Staff for future governmental permits or actions on the project site. Failure to abide by and faithfully comply with any and all conditions attached to the granting of these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120. This Resolution and Conditions of Approval shall be incorporated into building plans to all applicable reviewing agencies or authorities. 161
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6. Indemnification. To the fullest extent under the law and at its sole and absolute cost, the Owner/Developer, and Owner/Developer s successors, heirs, and assigns shall protect, defend with counsel reasonably acceptable to the City , indemnify, and hold harmless the City , its officials, officers, employees, consultants, subcontractors, agents, and representatives (collectively, Indemnitees ) from any and all claims, actions, or proceedings against Indemnitee(s) brought pursuant to the Planning and Zoning Law, the Subdivision Map Act, the California Environmental Quality Act, the federal Clean Water Act, the Porter Cologne Water Quality Control Act or any other law, permit or regulation in order to attack, set aside, void, annul, or seek to impose liability on the City for granting the approval granted by this Resolution, including, without limitation, any alleged act or omission by Indemnitee(s) related to County of Orange SP 93109 and/or any related parking agreements, conditions, or regulations, which action is brought for declaratory relief, injunctive relief, specific performance, or for any monetary claims (including, but not limited to, fines, fees, penalties, expert witness fees, attorneys fees, and other related costs and expenses). This provision shall not be restricted to insurance proceeds, if any, received by the Owner/Developer or Indemnitee(s). Moreover, this provision shall survive any expiration, termination, or revocation of this approval or related approvals.

7. Compliance with Building Codes. Tenant improvements shall be submitted for review, approved and permits issued, and shall comply with standards, regulations and requirements of current editions of the California Building Code, California Plumbing Code and California Mechanical Code, California Electrical Code, including any local amendments adopted by the City of Aliso Viejo.

8. Compliance with Americans with Disabilities Act. Tenant improvements shall be submitted for review, approved and permits issued, and shall comply with standards, regulations and requirements of the Americans with Disabilities Act. At the discretion of the Building Official, the Applicant may be required to retain a Certified Access Specialist (CASp) to ensure compliance with applicable construction-related accessibility standards.

9. Fire Safety and Prevention. The facility shall comply will all conditions issued by the Orange County Fire Authority (OCFA) in a letter dated April 23, 2024, and attached as Exhibit C .

10. Hours of Operation. The hours of operation shall be limited to the following:
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Requests to modify the hours of operation shall be subject to review and approval by the Community Development Director.

11. Outdoor Activities Prohibited. Outdoor activity outside the building shall be prohibited.

12. Noise. The use shall not generate noise that exceeds ambient noise levels established in AVMC Chapter 8.12 and shall comply with the following:
a. An acoustic wall assembly shall be constructed between the bowling alley and adjacent tenant spaces as detailed in the Noise Analysis Report by Saxelby Acoustics dated February 3, 2023.
b. Acoustic assemblies shall be full height and sealed at the roof deck with closed cell foam and/or appropriate fire/acoustic caulking. Any penetrations in an acoustic assembly shall also be sealed.
c. Speakers shall not be attached to the demising wall. d. Doors shall remain closed during hours of operation.

13. Noise Complaints. Based on substantiated complaints or concerns, the Director may modify conditions relative to facility operations as deemed necessary.

14. Availability Food and Alcohol Service. Customers shall be permitted to order meals at all times that alcohol is being served.

15. Alcohol Service Policies & Procedures. Within 60 days of approval of USE-2023- 00028, the licensee shall submit a plan for review and approval by the Community Development Director regarding employee alcohol training programs and policies which include the State of California’s Responsible Beverage Server Training Certification program (RBS) and Licensee Education on Alcohol and Drugs (LEAD) programs. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall include management’s policies addressing alcohol consumption and inebriation. In the case of new employees, the employee shall attend the alcohol awareness training within 60 days of his/her hire date. In the event the ABC no longer sponsors alcohol awareness training programs, all employees having contact with the public shall complete an alternative program approved by the Community Development Director and Chief of Police Services.

16. Security Plan. Prior to issuance of a Certificate of Occupancy, the Applicant shall submit a detailed security plan for review and approval by the Community Development Director and Chief of Orange County Sherrif’s Department. The plan shall include, but not be limited to, the maintaining of onsite security on the premises and facility during the hours of operation, all windows and doors in the facility locked at all times during non-operating hours, securing and limiting access to storage 163
60367.01460\34673878.3 Page 8 of 15
areas to trained, authorized personnel, and management of intoxicated or unruly guests.

17. Emergency Services. Prior to issuance of a Certificate of Occupancy, the Applicant shall file an Emergency Notification Form with the Orange County Sherrif’s Department. Contact the Orange County Sherrif’s Department at (949) 425-2560 for information.

18. Cameras. Security cameras shall be installed per the satisfaction of the Chief of Orange County Sherrif’s Department. The security camera footage shall be kept for at least 30 days and available to the Orange County Sheriff Department within 24 hours if such usage is necessary.

19. Adverse Impacts. In the event of adverse impacts on the health, safety, welfare, or working environments of the neighborhood or general public, or receipt of substantiated complaints directly related to the Applicant’s operations, the Community Development Director shall investigate and, if significant adverse impacts directly related to the Applicant’s business are found to exist, the Director or Chief of Police shall have the discretion to bring this Permit back to consider additional improvements and protective measures, additional conditions, amended conditions, or permit revocation. Modifications may include but not be limited to the restriction of operations that may include but not be limited to hours of operation.

20. Signs. Signs shall be reviewed separately and is not part of the approval of this Project. Prior to any sign installation, the Applicant shall submit a Sign Permit Application to the Community Development Department for approval and a permit shall be issued by the Building Official. All proposed signage for the building shall be submitted to the City and processed pursuant to AVMC 15.34 standards and/or any applicable master sign program affecting the property.

21. CEQA Recordation Fee. Within 48 hours of approval of the project, the applicant shall deliver to the Community Development Department, a check payable to the Orange County Clerk-Recorder's Office in the amount of fifty dollars ($50.00) in order for the City to file the appropriate environmental documentation for the project. If within the 48-hour period the applicant has not delivered the check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act (CEQA) could be significantly lengthened.
164
60367.01460\34673878.3 Page 9 of 15
EXHIBIT “B”
PLANNING APPLICATION USE-2023-00028

PROJECT PLANS
165
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166
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167
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EXHIBIT “C”
PLANNING APPLICATION USE-2023-00028

OCFA CONDITIONS OF APPROVAL
168
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169
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170
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171

Bowlero Corp. is the worldwide leader in bowling entertainment, media, and events. With more than 325 bowling centers across North America, Bowlero Corp. serves more than 26 million guests each year through a family of brands that includes Lucky Strike, Bowlero, Bowlmor Lanes, AMF. In 2019, Bowlero Corp. acquired the Professional Bowlers Association, the major league of bowling, which boasts thousands of members and millions of fans across the globe.

As part of our continued expansion, we are extremely excited to add another premium location to our portfolio of outstanding family entertainment centers. The Applicant submits this Conditional Use Permit (“CUP”) application for an approximate 38,535 square foot forty (35) lane bowling alley, an arcade with interactive and redemption video games and a full service restaurant with the sale, service and consumption of alcoholic beverages to be located in The Commons Specific Plan (“SP-2”) Zone; specifically, the proposed Lucky Strike is to be located at 26503 Aliso Creek Road (tenant 2 retail space, which was formerly a Lowes), within The Commons at Aliso Viejo. The proposed Lucky Strike is located within an existing retail shopping center that is approximately 1,126,897 square feet (25.87 acres) and includes existing 234,044 square foot of commercial buildings and surface parking with approximately 1313 parking spaces at the northeast corner of Enterprise and Aliso Creek Road.

Lucky Strike Aliso Viejo will provide a blacklight bowling, retro-inspired location that is powered by interactive arcade games, signature cocktails, and an outrageous menu of delicious food for all to enjoy.

As part of its operations, Lucky Strike Aliso Viejo will seek a California Department of Alcoholic Beverage Control (“ABC”) Type 47 On-Sale Bona Fide Public Eating Place License for the sale, service, and consumption of alcoholic beverages on premises. The area of service will be throughout all public service areas of the building. All alcohol is stored and locked in a secure room and only trained and qualified management team members have access.

The kitchen will be open and operating during business hours and food will be offered until last call for alcohol is made. Bowlero Corp. is a responsible licensee and has an excellent track record with more than 300+ alcohol licensed establishments in the United States, Mexico and Canada spanning across its family of brands. Responsible serving protocols make a fundamental part of our training manuals and workshops for new and existing employees. Our employees go through extensive Alcohol Awareness/TIPS Training and the modules are revisited as needed.

While Lucky Strike has no age restriction for the bowling, arcade, or food and non-alcoholic beverage services, alcoholic beverages are restricted to individuals 21 years of age. Our

Page 1 of 2 ends

172
employees are instructed to check for proper valid identification (“ID”) before alcohol is served and postings regarding the 21 and over regulation/policy are placed at the bar and other prominent areas of our centers. Last call for alcohol service will be given 30 minutes prior to the daily close of business.

Live entertainment at Lucky Strike Aliso Viejo is planned as a complement to our Family Entertainment Center offering. In our business model, sometimes clients for private events either request or bring performers to entertain their guests. These performers might include face painters, magicians, fortune tellers, dancers, DJs or solo musician acts.

Our intent is to limit performers and performances to what the venue can reasonably accommodate. Occupancy will never exceed the total occupant load allowed in the venue.

Performances involving ticket sales, large sound amplification, lighting rigs, elevated stages or large crowds whose sole purpose is to attend a live function are not part of our request for consideration to obtain live entertainment use approval. Moreover, the owner of the premises intends to provide adequate sound and vibration attenuation to prevent sound transmission to the exterior of the building.

Typical Winter Hours of Operation
Monday: 3pm - 12am
Tuesday: 3pm - 12am
Wednesday: 3pm - 12am
Thursday: 3pm - 12am
Friday: 1pm - 2am
Saturday: 10am - 2am
Sunday: 10am - 1am
Typical Summer Hours of Operation

Monday: 11am - 12am
Tuesday: 11am - 12am
Wednesday: 11am - 12am
Thursday: 11am - 12am
Friday: 11am - 2am
Saturday: 10am - 2am
Sunday: 10am - 1am

Page 2 of 2 ends

173
STOP

NO PARKING
STOPF&B 32,394 SF
26373614 2526235
36 6935
6 35
19'-0"19'-0"26'-0"19'-0"19'-0"26'-0"19'-0"19'-0"26'-0"19'-0"19'-0"26'-0"19'-0"18'-0"28'-0"18'-0"12'-0"18'-0"26'-0"18'-0"19'-0"26'-0"19'-0"19'-0"19'-0"19'-0"31'-0"26'-0" 29 87
22221918
7 23
8 7
11 9
5 TT11 44'-8"
38'-138"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-8" 20'-0"38'-0"35'-0"35'-0"35'-0"35'-0"35'-0"35'-0"34'-4"1'-8" 40'-0"40'-0"
1234567891011131415
AyDDAXAbABCDEFGHJKL
1234567891011131415

BCDEFGHJKL
A
12 12
3'-778"5'-0"4'-0"3'-0"

VANACCESSIBLEVANACCESSIBLE

VANACCESSIBLE

EVCEVCEVCEVC
379
3638373139373938
2027353635
10 225 STALLS FOR PRIVATE TENANT USE22 TANDEM PARKING STALLS 7 12121316
651
3 cubic yards
6 2
1068229
26'-0"18'-0"18'-0"26'-0"18'-0"18'-0"26'-0"18'-0"
28'-0"26'-0"16'-0"18'-0"18'-0"
18'-0"
18'-0"18'-0"
18'-0"
18'-0"18'-0"18'-0"28'-0"
29'-2"
30'-0"
28'-0"18'-0"18'-0"26'-0"18'-012"18'-0"18'-0"26'-0"18'-0"18'-0" 28'-0"
37 TCLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLE

CLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLE

CLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLEEV CHARGERONLYEV CHARGERONLYEV CHARGERONLYSTANDARDACCESSIBLE

CLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLE

CLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLE 9'-0"TYP.29'-012" 29'-1112"
191710754567135 1412
8 CLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EV

CLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EV

EV CHARGERONLYEV CHARGERONLYEV CHARGERONLYEV CHARGERONLY

VANACCESSIBLE

CLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EVCLEAN AIR /VANPOOL / EV CARTCORRAL5'X29'
CARTCORRAL7.5'X14'CARTCORRAL5'X29'

EV CHARGERONLY CLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLECLEAN AIR /VANPOOL /EV CAPABLE

CLEAN AIR /VANPOOL /EV CAPABLE
44'-8"
38'-138"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-0"40'-8" 20'-0"38'-0"35'-0"35'-0"35'-0"35'-0"35'-0"35'-0"34'-4"1'-8" 40'-0"40'-0"
1234567891011131415
AyDDAXAbABCDEFGHJKL
1234567891011131415

BCDEFGHJKL
A
12 12
SLOPE1/4" IN 12" MIN.

ALISO VIEJO - BOWLERO CORPORATIONSITE PLAN
SCALE: 1" = 60'-0"MAY 26, 202326505 ALISO CREEK ROAD, ALISO VIEJO, CA | US*PLEASE NOTE: ANY SUBSEQUENT REVISION TO AN APPROVED CONCEPT WILL CAUSE DELAY AND IMPACT COST ACCESSIBLE, EV, AND BIKE PARKINGREQUIREDPROVIDEDNOTES OVERALL PARKING SPACES10761313SEE ABOVE ADA PARKING SPACES2431PER TABLE11B-208.220 +1/100 0F 1319 STALLSVAN ACCESSIBLE SPACES59ONE VAN ACCESSIBLE STALL PEREVERY SIX ADA STALLSDESIGNATED CLEAN AIR/ VANPOOL / EVSTALLS1061068% OF TOTAL PROVIDED STALLS PER2019 CGBSC - SECTION 5.106.5.2FUTURE EV CHARGING SPACES79796% OF TOTAL PROVIDED STALLS PER2019 CGBSC - SECTION 5.106.5.3SHORT TERM BIKE PARKING WITHIN 200' OFTHE VISITORS ENTRANCE.16165% OF NEW ADDITIONAL STALLSPROVIDED (315) PER 2019 CGBSC -SECTION 5.106.4.1.1LONG TERM BIKE PARKING445% OF (ASSUMED 20% OF 315) = 5% OF63.0 = 3.15 OR 4

PLANNORTHTRUENORTH
PARKING SUMMARYEXISTINGNEWNOTESBUILDING AREASFORMER LOWE'S186,678 SF186,357 SFAPPROVED AREA W/O LOADING183,245 SFLOADING AREA3,112SFPERIMETER BUILDINGS47,366 SF47,366 SFNEW TENANT DINING AREAS2,908 SFTOTAL BUILDING AREA234,044 SF236,631SFPARKING SUMMARYTESLA LOT225 STALLSTESLA TEST DRIVE4 STALLSPARKING PROVIDED (EXCLUDING PERIMETERBLDGS, TESLA LOT, AND TESLA TEST DRIVE1,084STALLSOVERALL PARKING PROVIDED (INCLUDINGPERIMETER BLDGS, TESLA LOT, AND TESLATEST DRIVE)998 STALLS1,313STALLSTOTAL REQUIRED PARKING236,631 SF @ 1/220 = 1,076 STALLS ACCESSIBLE PATH OF TRAVEL - 48" MIN WIDE : MAX. SLOPE 5% AND MAX.CROSS SLOPE OF 2% AT ALL ACCESSIBLE PATHS AND EGRESS ROUTES.LEGENDACCESSIBLE PARKING SPACES, SEE SHEET T3.0 FOR DETAILSNEW PARKING LOT LIGHT STANDARD, SEE SITEELECTRICAL DWGSRECORDED PROPERTY LINE. REFER TO CIVIL DRAWINGS "CLEAN AIR, VAN POOL, EV" VEHICLE PARKING STALL, SEE SHEET T3.0FOR DETAILS"CLEAN AIR, VAN POOL, EV CAPABLE" PARKING STALL, SEE SHEETT3.0 FOR DETAILSEXISTING PLANTER TO REMAINNEW PLANTERCAVEVC ZONING CLASSIFICATIONTHE COMMONS SPECIFIC PLAN (SP-2)
ACCESSIBLE PATH OF TRAVEL - 48" MIN WIDE : MAX. SLOPE 5% AND MAX.CROSS SLOPE OF 2% AT ALL ACCESSIBLE PATHS AND EGRESS ROUTES.LEGEND ACCESSIBLE PARKING SPACES, SEE SHEET T3.0 FOR DETAILSNEW PARKING LOT LIGHT STANDARD, SEE SITEELECTRICAL DWGSRECORDED PROPERTY LINE. REFER TO CIVIL DRAWINGS "CLEAN AIR, VAN POOL, EV" VEHICLE PARKING STALL, SEE SHEET T3.0FOR DETAILS"CLEAN AIR, VAN POOL, EV CAPABLE" PARKING STALL, SEE SHEETT3.0 FOR DETAILS

EXISTING PLANTER TO REMAINNEW PLANTERCAVEVC
ACCESSIBLE, EV, AND BIKE PARKINGREQUIREDPROVIDEDNOTES OVERALL PARKING SPACES10761314SEE ABOVEADA PARKING SPACES2430PER TABLE11B-208.220 +1/100 0F 1319 STALLSVAN ACCESSIBLE SPACES58ONE VAN ACCESSIBLE STALL PEREVERY SIX ADA STALLSDESIGNATED CLEAN AIR/ VANPOOL / EVSTALLS1061068% OF TOTAL PROVIDED STALLS PER2019 CGBSC - SECTION 5.106.5.2FUTURE EV CHARGING SPACES79796% OF TOTAL PROVIDED STALLS PER2019 CGBSC - SECTION 5.106.5.3SHORT TERM BIKE PARKING WITHIN 200' OFTHE VISITORS ENTRANCE.16165% OF NEW ADDITIONAL STALLSPROVIDED (316) PER 2019 CGBSC -SECTION 5.106.4.1.1LONG TERM BIKE PARKING445% OF (ASSUMED 20% OF 316) = 5% OF63.2 = 3.16 OR 4 PARKING SUMMARYEXISTINGNEWNOTES BUILDING AREASFORMER LOWE'S186,678 SF186,357 SFAPPROVED AREA W/O LOADING183,245 SFLOADING AREA3,112SFPERIMETER BUILDINGS47,366 SF47,366 SFNEW TENANT DINING AREAS2,908 SFTOTAL BUILDING AREA234,044 SF236,631SFPARKING SUMMARYTESLA LOT225 STALLSTESLA TEST DRIVE4 STALLSPARKING PROVIDED (EXCLUDING PERIMETERBLDGS, TESLA LOT, AND TESLA TEST DRIVE1,085STALLSOVERALL PARKING PROVIDED (INCLUDINGPERIMETER BLDGS, TESLA LOT, AND TESLATEST DRIVE)998 STALLS1,314STALLSTOTAL REQUIRED PARKING236,631 SF @ 1/220 = 1,076 STALLS GENERAL PLAN LAND USE: SPECIFIC PLAN 2SITE INFORMATIONZONING CLASSIFICATION: COMMUNITY COMMERCIALACCESSOR PARCEL NUMBER: 629-101-19SITE AREA: ±1,100,814 SQUARE FEET SCALE: 1" = 60'-0"
NOVEMBER 08, 2023
174
FE
FE
FE
FE
FE
FE FE
FE
FE
FD FD
FD
FD
FD
FD FD

FD FD FD
1,910 SF
ARCADE A 101A ASSEM. GAMING 175
6,013 SF
CONCOURSE 100 CIRCULATION 61
240 SF
SHOE DESK 102 BUSINESS 3
436 SF
BAR 112 BUSINESS 4 211 SF
BAR SEATING 113 ASSEM. T&C 23 377 SF
SEATING 114B ASSEM. T&C 34 110 SF
LIQ. STORAGE 116 STORAGE 1 111 SF
BEER WIC 117 STORAGE 1 417 SF
MEN'S RESTROOM 118 ACCESSORY 0 424 SF
WOMEN'S RESTROOM 119 ACCESSORY 0 53 SF
JC CLOSET 120 STORAGE 1 225 SF
ELEC / IT 128 MECHANICAL 1
2,070 SF
LANE SEATING 122 BOWLING SEATS 191
13,926 SF
BOWLING LANES 123 BOWLING LANES 175
41 SF
A/V HUB 115 BUSINESS 1
981 SF
KITCHEN 104 KITCHEN 5
125 SF
WIC 105 STORAGE 1 142 SF
WIF 106 STORAGE 1
3,803 SF
PINSETTER 124 MECHANICAL 13
160 SF
UTILITY ROOM 111 MECHANICAL 1
DOOR SIZE 72" C
DOOR SIZE 72" B
EX1 EX2
683 SF
(N) ELECTICAL ROOM NIC MECHANICAL
269 SF
(N) BIKE STORAGE NIC STORAGE
MAX DOOR LOAD 360 OCC
MAX DOOR LOAD 360 OCC
MAX DOOR LOAD 360 OCC
MAX DOOR LOAD 200 OCC

EXISTING ELECTRICAL PANEL
308 SF
NORTH-WEST CORRIDOR EX13 ACCESSORY 0
4' - 0" 43' - 10" 8' - 1" 27' - 1" 5' - 3" 11' - 6"
28' - 2"
79' - 8"
18' - 5"
NOT IN CONTRACT 39' - 2"
12' - 0"
24' - 4"
14' - 11" 23' - 8"
NOT IN CONTRACT 24' - 11" 341' - 9" OVERALL 23' - 6" 6' - 7" 5' - 1" 41' - 1" 40' - 5" 20' - 10" 10' - 6"
10' - 7"
82' - 5"
34' - 1"
24' - 6" 7' - 2"
54' - 2"
11' - 11"
13' - 11"
13' - 8"
8' - 7" 13' - 11"
10' - 5"
32' - 7"
4' - 7"
4' - 5" 8' - 7"
8' - 6" 5' - 5"
254' - 5 3/4"
12' - 0"
45' - 5 7/8"
14' - 6 1/2"
7' - 7 1/2"
10' - 6"
10' - 5" 270 SF
STORAGE 121 STORAGE 1
6' - 11"
4' - 7"
9' - 5"
7' - 3"
6' - 0"
Testfit
ARCADE
BAR

BOWLING

CIRCULATION

GUEST SERVICES

KITCHEN

NOT IN CONTRACT
OFFICE

RESTROOM

SEATING

SUPPORT
DOOR SIZE 40" D
DOOR SIZE 72" A.1
MAX DOOR LOAD 180 OCC
DOOR SIZE 36" A.2
652 SF
ARCADE C 101C ASSEM. GAMING 63
19' - 8 1/4"
33' - 1 5/8" 25' - 3 1/4"
9' - 6"
15' - 6" 32' - 2 1/4"
29' - 9 1/2"
9' - 11 7/8"
5' - 1" 16' - 11 3/4" 9' - 2 3/4"
8' - 7"
5' - 5" 8' - 6"
44' - 4" 48' - 4"
9' - 2" 25' - 8" 6' - 4" 9' - 2"
12' - 10" 52' - 0"
54' - 1"
3' - 6" 6' - 11"
4' - 10"
5' - 5"
232 SF
NORTH EXIT CORRIDOR 122A ACCESSORY 0
20' - 9"
7' - 2" 47' - 1" 4' - 8" 24' - 0"
31' - 7" 12' - 0"
2,790 SF
ARCADE B 101B ASSEM. GAMING 225
75' - 7" 8' - 0"
1' - 0"
6' - 10"
ADJANCENT TENANT 1
ADJACENT TENANT 4 ADJACENT TENANT 3

LANE SEATING
5,352 SF

LANE COUNT

SEAT COUNT

LANE INFO
BAR INFO 35
23 + 2 ADA

ARCADE AREA ARCADE INFO
1,009 OCC APPROXIMATE OCCUPANCY OCC INFO
Issue Drawing Log

NOT FOR

CONSTRUCTION
OWNER

ARCHITECT

LANDLORD
Signature & Seal
Disclaimer
Autodesk Docs://CRTKL-NYC - Bowlero - Aliso Viejo CA/Bowlero_Aliso Viejo CA.rvt 2/29/2024 2:25:13 PM

CUP FLOOR PLAN
CUP-100
ISSUE FOR 90 CD REVIEW

ALISO VIEJO,CA
Bowlero Aliso Viejo
26503 Aliso Creek Road Aliso Viejo, CA 92565
ARCADIS INC.WOOLWORTH BUILDING 233 BROADWAY, 16TH FLOOR NEW YORK CITY, NY 10279

CONTACT -FRANZ HEINE
PHONE -646.908.7932

MEPF ENGINEER FISKAA
800 SOUTH FIGUEROA STREET, SUITE 1080, LOS ANGELES, CA 90017

CONTACT -CHRISTOPHER SLAMAN
PHONE -213.784.5175
STR. ENGINEER MCLAREN ENGINEERING GROUP
131 WEST 35TH STREET, 4TH FLOOR, NEW YORK CITY, NY
10001

CONTACT -DIEGO ERAS
PHONE -212.324.6300 x0029

A/V CONSULTANT CALI AUTOMATION
2522 CHAMBERS ROAD, TUSTIN, CA 92780

CONTACT -LEVAN NATSVLISHVILI
PHONE -855.300.2030 x700

KITCHEN CONSULTANT TRIMARK HOCKENGERGS
10550 BARKLEY STEET, SUITE 201, OVERLAND PARK, KS 66212 CONTACT -BRAD WEAVER PHONE -614.735.2428
CRTKL PROJECT NO. -003-220175.00

BOWLERO CORPORATION
222 W 44TH STREET
NEW YORK CITY, NY 10036

CONTACT -JOSHUA MILLER
PHONE -303.817.1449

VALUE ROCK INC
18301 VON KERMAN AVENUE, SUITE 850, IRVING, CA 92612 CONTACT -TROY THOMAS PHONE -925.961.2948
© 2022 ARCADIS INC.

GENERAL INFORMATION

ROOM SCHEUDLE
SCALE: 3/32" = 1'-0"
_Working Floor Plan LEVEL 01_CUP PLAN A1
NAME AREA OCCUPANCY TYPE WOMEN'S RESTROOM 424 SF ACCESSORY MEN'S RESTROOM 417 SF ACCESSORY
NORTH-WEST CORRIDOR 308 SF ACCESSORY
NORTH EXIT CORRIDOR 232 SF ACCESSORY ARCADE A 1,910 SF ASSEM. GAMING ARCADE B 2,790 SF ASSEM. GAMING
ARCADE C 652 SF ASSEM. GAMING BAR SEATING 211 SF ASSEM. T&C SEATING 377 SF ASSEM. T&C
BOWLING LANES 13,926 SF BOWLING LANES
LANE SEATING 2,070 SF BOWLING SEATS
BAR 436 SF BUSINESS A/V HUB 41 SF BUSINESS REDEMPTION ROOM 489 SF BUSINESS SHOE DESK 240 SF BUSINESS
MANAGER OFFICE 170 SF BUSINESS
GM OFFICE 92 SF BUSINESS
CLOSE OUT ROOM 51 SF BUSINESS
CONCOURSE 6,013 SF CIRCULATION
KITCHEN 981 SF KITCHEN
ELEC / IT 225 SF MECHANICAL
PINSETTER 3,803 SF MECHANICAL
UTILITY ROOM 160 SF MECHANICAL
BEER WIC 111 SF STORAGE
LIQ. STORAGE 110 SF STORAGE
STORAGE 270 SF STORAGE
JC CLOSET 53 SF STORAGE
WIF 142 SF STORAGE
WIC 125 SF STORAGE
AREAS ABOVE REPRESENT GROSS SQUARE FOOTAGE OF EACH SPACE.

PLAN NORTH

TRUE NORTH

PLAN NORTH
175

ALISO VIEJO - BOWLERO CORPORATIONELEVATIONS
SCALE: 3/16" = 1''-0"MAY 26, 202326505 ALISO CREEK ROAD, ALISO VIEJO, CA | US*PLEASE NOTE: ANY SUBSEQUENT REVISION TO AN APPROVED CONCEPT WILL CAUSE DELAY AND IMPACT COSTNORTH FACADE

SOUTH FACADE(N) STOREFRONT AND DOUBLE DOORS(N) HOLLOW METAL DOUBLE DOORS WITH INVISIBLE HINGES (N) HOLLOW METAL DOUBLE DOORS
(N) HOLLOW METAL DOUBLE DOORS
(N) STOREFRONT DOUBLE ENTRY DOORS
(N) HOLLOW METAL SINGLE DOOR
SCALE: 3/16" = 1'-0"
NOVEMBER 08, 2023
176
May 2, 2024
Rose Rivera
Senior Planner
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Subject: Administrative Alcohol Conditional Use Permit; 26503 Aliso Creek Road, Aliso Viejo, Ca. 92656 - Bowlero/Lucky Strike To Whom It May Concern:
26503 Aliso Creek Road, Aliso Viejo, California 92656, is the proposed location for the Type 47 (On-Sale Beer and Wine – Eating Place) license. This premise is located in Aliso Viejo Individual Reporting Area 10 (AV IRA 10). For the period of 5-1-2023 to 4-30-2024, the following statistics are associated with the number of active licenses and violations of alcohol-related laws in their respective areas.

Number of Class 41, 42, and 47 active alcohol licenses per capita by IRA:

AV IRA Type 41 Type 42 Type 47
07 3 0 0
08 1 1 0
10 16 3 7
12 1 0 0
Alc
ohol-related crimes including Liquor Law Violations (LLV) and Driving Under the Influence violations (DUI) for the approved reporting areas during the period of 5-1-23 to 4-30-24 were as follows:

Reporting Areas LLV DUI
AV IRA 07 22 25
AV IRA 08 20 14
AV IRA 10 12 12
AV IRA 12 2 6
Ba
sed upon the information listed above which includes alcohol-related crimes that are within tolerable limits, I find that the public convenience and necessity would be served by recommending the approval of the Type 47 (On-Sale General Eating Place) liquor license authorizing the sale of alcohol on the premises.

Sincerely,
Sergeant R. Dierckman
Aliso Viejo Police Services, Administrative Sergeant
177

February 3, 2023

Rob Budetti, CDP
Managing Partner
Architects Orange
[email protected]

Subject: Acoustical Demising Wall Recommendations – Aliso Viejo Town Center

Saxelby Acoustics has prepared the following recommendations for the demising wall acoustical design at the above‐referenced project located in the City of Aliso Viejo, California. The following is a summary of our findings and recommendations.

CRITERIA

It is recommended
that the bowling alley generated noise be limited to a target noise criterion (NC) of 40 in the adjacent tenant spaces. This limit is based upon ASHRAE recommendations, as shown in the Table below. The NC 40 target is appropriate for typical open office type environments and retail space.

FIGURE 1: ASHRAE NOISE GUIDELINES

178

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Fundamentals of Acoustics
Acoustics is the science of sound. Sound may be thought of as mechanical energy of a vibrating object transmitted by pressure waves through a medium to human (or animal) ears. If the pressure variations occur frequently enough (at least 20 times per second), then they can be heard and are called sound. The number of pressure variations per second is called the frequency of sound, and is expressed as cycles per second or Hertz (Hz). 1

Noise is a subjective reaction to different types of sounds. Noise is typically defined as (airborne) sound that is loud, unpleasant, unexpected or undesired, and may therefore be classified as a more specific group of sounds. Perceptions of sound and noise are highly subjective from person to person.

Measuring sound
directly in terms of pressure would require a very large and awkward range of numbers.

To avoid this, the decibel scale was devised. The decibel scale uses the hearing threshold (20 micropascals), as a point of reference, defined as 0 dB. Other sound pressures are then compared to this reference pressure, and the logarithm is taken to keep the numbers in a practical range. The decibel scale allows a million‐fold increase in pressure to be expressed as 120 dB, and changes in levels (dB) correspond closely to human perception of relative loudness.

The perceived loudness of sounds is dependent upon
many factors, including sound pressure level and
frequency content. However, within the usual range of environmental noise levels, perception of loudness is relatively predictable, and can be approximated by A‐weighted sound levels. There is a strong correlation between A‐weighted sound levels (expressed as dBA) and the way the human ear perceives sound. Unweighted sound levels are typically expressed as simply dB, or dBZ.

The decibel scale is logarithmic, not linear. In other words, two sound levels 10 dB apart differ in acoustic energy by a factor of 10. When the standard logarithmic decibel is A‐weighted, an increase of 10 dBA is generally perceived as a doubling in loudness. For example, a 70‐dBA sound is half as loud as an 80‐dBA sound, and twice as loud as a 60 dBA sound.

Table 1 lists several examples of the noise levels associated with common situations.

1For definitions of acoustical terms see Appendix A: "Acoustical Terminology" 179

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TABLE 1:TYPICAL NOISE LEVELS
Common Outdoor Activities Noise Level (dBA) Common Indoor Activities ‐ ‐ 110‐‐ Rock Band
Jet Fly‐over at 300 m (1,000 ft) ‐ ‐ 100‐‐
Gas Lawn Mower at 1 m (3 ft) ‐ ‐ 90‐‐
Diesel Truck at 15 m (50 ft),
at 80 km/hr (50 mph) ‐‐80‐‐ Food Blender at 1 m (3 ft) Garbage Disposal at 1 m (3 ft)
Noisy Urban Area, Daytime
Gas Lawn Mower, 30 m (100 ft) ‐‐70‐‐ Vacuum Cleaner at 3 m (10 ft) Commercial Area
Heavy Traffic at 90 m (300 ft) ‐‐60‐‐ Normal Speech at 1 m (3 ft) Quiet Urban Daytime ‐ ‐ 50‐‐ Large Business Office
Dishwasher in Next Room
Quiet Urban Nighttime ‐ ‐ 40‐‐ Theater, Large Conference Room (Background)
Quiet Suburban Nighttime ‐ ‐ 30‐‐ Library
Quiet Rural Nighttime ‐ ‐ 20‐‐ Bedroom at Night, Concert Hall (Background)
‐ ‐ 10‐‐ Broadcast/Recording Studio
Lowest Threshold of Human Hearing ‐ ‐ 0‐‐ Lowest Threshold of Human Hearing Source: Caltrans, Technical Noise Supplement, Traffic Noise Analysis Protocol. September 2013.

Effects of Noise on People
The effects of noise on people can be placed in three categories:
 Subjective effects of annoyance, nuisance, and dissatisfaction  Interference with activities such as speech, sleep, and learning  Physiological effects such as hearing loss or sudden startling

Environmental noise typically produces effects in the first two categories. Workers in industrial plants can experience noise in the last category. There is no completely satisfactory way to measure the subjective effects of noise or the corresponding reactions of annoyance and dissatisfaction. A wide variation in individual thresholds of annoyance exists and different tolerances to noise tend to develop based on an individual’s past experiences with noise.

Thus, an important way of predicting a human reaction to a new noise environment is the way it compares to the existing environment to which one has adapted: the so‐called ambient noise level. In general, the more a new noise exceeds the previously existing ambient noise level, the less acceptable the new noise will be judged by those hearing it.

With regard to increases in A‐weighted noise level, the following relationships occur:
 Except in carefully controlled laboratory experiments, a change of 1 dBA cannot be perceived;  Outside of the laboratory, a 3‐dBA change is considered a just‐perceivable difference; 180

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 A change in level of at least 5‐dBA is required before any noticeable change in human response would be expected; and
 A 10‐dBA change is subjectively heard as approximately a doubling in loudness, and can cause an adverse response.

Stationary point sources of noise – including stationary mobile sources such as idling vehicles – attenuate (lessen) at a rate of approximately 6 dB per doubling of distance from the source, depending on environmental conditions (i.e. atmospheric conditions and either vegetative or manufactured noise barriers, etc.). Widely distributed noises, such as a large industrial facility spread over many acres, or a street with moving vehicles, would typically attenuate at a lower rate.

REVIEW AND RECOMMENDATIONS

Based upon the sound isolation calculations shown in Appendix B1, the bowling alley noise would be expected to exceed the NC 40 criterion by up to 11 dB at 63 Hz, assuming construction of an 8” metal stud
demising wall, without sound isolation clips (STC 54). It should be noted that the bowling alley was estimated to operate at a noise level of approximately 78 dBA with the sound spectrum shown in Appendix B.

In order to meet the NC 40 criterion Saxelby Acoustics recommends use of the Pac‐International resilient sound isolation clip (RSIC‐1) to increase overall sound isolation, especially at the low‐frequency range (~63‐200 Hz). This range will be particularly critical for low‐frequency sounds such as bowling ball impact and potentially music. Appendix B2 shows the sound isolation calculations for this wall assembly, estimated to have an STC rating of 61.

Recommended Wall Design
Saxelby Acoustics recommends the following demising wall design, see Attachment 1 for additional details and product information:
‐ 5/8” Type X gypsum (on adjacent tenant sides of partition). ‐ 8” metal studs.
‐ Fiberglass or mineral wool batt insulation to full stud depth. ‐ 2‐layer of 5/8” Type X gypsum, or base layer of 5/8” fire‐treated plywood and face layer of 5/8” Type X gypsum.

181

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The above‐outlined wall system is predicted to reduce bowling alley noise levels to less than the 40 NC criterion in the adjacent tenant spaces, as shown below in Figure 2.

FIGURE 2: PREDICTED BOWLING ALLEY SOUND PRESSURE LEVELS (SPL) IN RECEIVING TENANT SPACE

The Figure 2 data indicate that the bowling alley noise is predicted to be approximately 2 dBA less than the NC 40 target at 63 Hz. and 7‐33 dBA below the target thresholds at 80 Hz. to 4,000 Hz.

46 49
52 57 59 61 61 63 65 67 69 69 70 70
66 65
62 60 59
78 33
37 32
35 38
34 37 39
35 37 38
35 36 37 35 35 36 34 34 36
31 27 25 25
22 21
18 17 16 15 14 14 12 11
6 8
12 7
1 22
‐5
15 35
55 75
95 63.0 80.0 100 125 160 200 250 315 400 500 630 800 1K 1.25k 1.6k 2k 2.5k 3.15k 4k Total Sound Pressure Level (dBA)
Frequency (Hz)
Operating SPL, dBA Leq Target: NC 40, dBA Noise in Receiving Use, dBA 182

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CONCLUSIONS
Bowling alley noise levels are predicted to result in average (Leq) noise levels of less than NC 40 (36 dBA), during peak operations. These conclusions assume the following:

 The bowling alley operates at a typical interior noise level not exceeding 78 dBA Leq with a sound spectrum as outlined in Appendix B.

 An acoustic wall assembly shall be constructed between the bowling alley and adjacent tenant spaces. Recommend acoustic products are shown in Attachment 1. The walls should be construction as outlined below:

o 5/8” Type X gypsum (on adjacent tenant sides of partition). o 8” metal studs.
o Fiberglass or mineral wool batt insulation to full stud depth. o 2‐layer of 5/8” Type X gypsum, or base layer of 5/8” fire‐treated plywood and face layer of 5/8” Type X gypsum.

 Acoustic assemblies shall be full height and sealed at the roof deck with closed cell foam and/or appropriate fire/acoustic caulking. Any penetrations in an acoustic assembly shall also be sealed.

 Speakers shall be shall not be attached to the demising wall.

 This analysis does not consider potential structural impact sound transmission through the bowling alley lane system.

Please let me know if you have any questions or comments on these recommendations.

Sincerely,

Saxelby Acoustics LLC

Luke Saxelby, INCE Bd. Cert.

Principal Consultant
Board Certified, Institute of Noise Control Engineering

183
Appendix A: Acoustical Terminology

Acoustics The science of sound.

Ambient Noise The distinctive acoustical characteristics of a given space consisting of all noise sources audible at that location. In many cases, the term ambient is used to describe an existing or pre-project condition such as the setting in an environmental noise study.

ASTC Apparent Sound Transmission Class. Similar to STC but includes sound from flanking paths and correct for room reverberation. A larger number means more attenuation. The scale, like the decibel scale for sound, is logarithmic.

Attenuation The reduction of an acoustic signal.

A-Weighting A frequency-response adjustment of a sound level meter that conditions the output signal to approxima te human response.

Decibel or dB Fundamental unit of sound, A Bell is defined as the logarithm of the ratio of the sound pressure squared over the reference pressure squared. A Decibel is one-tenth of a Bell.

CNEL Community Noise Equivalent Level. Define d as the 24 -hour average noise level with noise occurring during evening hours (7 - 10 p.m.) weighted by +5 dBA and nighttime hours weighted by +10 dBA.

DNL See definition of Ldn.

IIC Impact Insulation Class. An integer -number rating of how well a building floor attenuates impact sounds, such as footsteps. A larger number means more attenuation. The scale, like the decibel scale for sound, is logarithmic.

Frequency The measure of the rapidity of alterations of a periodic signal, expressed in cycles per second or hertz (Hz).

Ldn Day/Night Average Sound Level. Similar to CNEL but with no evening weighting.

Leq Equivalent or energy-averaged sound level.

Lmax The highest root-mean-square (RMS) sound level measured over a given period of time.

L(n) The sound level exceeded a described percentile over a measurement period. For instance, an hourly L50 is the sound level exceeded 50% of the time during the one-hour period.

Loudness A subjective term for the sensation of the magnitude of sound.

NIC Noise Isolation Class. A rating of the noise reduction between two spaces. Similar to STC but includes sound from flanking paths and no correction for room reverberation.

NNIC Normalized Noise Isolation Class. Similar to NIC but includes a correction for room reverberation.

Noise Unwanted sound.

NRC Noise Reduction Coefficient. NRC is a single-number rating of the sound-absorption of a material equal to the arithmetic mean of the sound-absorption coefficients in the 250, 500, 1000, and 2,000 Hz octave frequency bands rounded to the nearest multiple of 0.05. It is a representation of the amount of sound energy absorbed upon striking a particular surface. An NRC of 0 indicates perfect reflection; an NRC of 1 indicates perfect absorption.

RT60 The time it takes reverberant sound to decay by 60 dB once the source has been removed.

Sabin The unit of sound absorption. One square foot of material absorbing 100% of incident sound has an absorption of 1 Sabin.

SEL Sound Exposure Level. SEL is a rating, in decibels, of a discrete event, such as an aircraft flyover or train pass by , that compresses the total sound energy into a one-second event.

SPC Speech Privacy Class. SPC is a method of rating speech privacy in buildings. It is designed to meas ure the degree of speech privacy provided by a closed room, indicating the degree to which conversations occurring within are kept private from listeners outside the room.

STC Sound Transmission Class. STC is an integer rating of how well a building partition attenuates airborne sound. It is widely used to rate interior partitions, ceilings/floors, doors, windows and exterior wall configurations. The STC rating is typically used to rate the sound transmission of a specific building element when tested in laboratory conditions where flanking paths around the assembly don’t exist. A larger number means more attenuation. The scale, like the decibel scale for sound, is logarithmic.

Threshold The lowest sound that can be perceived by the human auditory system, generally considered of Hearing to be 0 dB for persons with perfect hearing.

Threshold Approximately 120 dB above the threshold of hearing. of Pain
Impulsive Sound of short duration, usually less than one second, with an abrupt onset and rapid decay.

Simple Tone Any sound which can be judged as audible as a single pitch or set of single pitches. 184
Appendix B
Sound Isolation Calculations
185
Appendix:

Project:

63.0 80.0 100 125 160 200 250 315 400 500 630 800 1K 1.25 k 1.6k 2k 2.5k 3.15k 4k Total Operating SPL, dBA Leq 46 49 52 57 59 61 61 63 65 67 69 69 70 70 66 65 62 60 59 78 Based on Published Data TL, RSIC‐1 Wall 10 15 24 32 38 43 47 50 52 55 57 58 60 61 61 60 52 61 55 N/A Area of Transmitting Panel, ft2 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 N/A Area of Wall Seperating Receiver Rec. Room Volume. ft3 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 N/A Reciever Room Volume RT60 2.00 2.00 2.00 2.00 2.00 2.00 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 N/A Estimated RT60 Absorption, sabins 1000 1000 1000 1000 1000 1000 1333 1333 1333 1333 1333 1333 1333 1333 1333 1333 1333 1333 1333 N/A Sound Absorption in Receiving Room NR 1 6 15 23 29 34 40 43 45 48 50 51 53 54 54 53 45 54 48 N/A Noise Reduction between LTF and Receiver Noise in Receiving Use, dBA 44 42 36 33 29 27 22 21 21 19 19 19 17 16 12 13 18 7 11 34 Predicted interior noise level, dBA Leq Target: NC 40, dBA 33 37 32 35 38 34 37 39 35 37 38 35 36 37 35 35 36 34 34 36 Ambient Noise Level at Receiver, NC40 (dBA) Increase Over (+) or Under (‐) Ambient: 11 5 4 ‐2 ‐9 ‐8 ‐15 ‐18 ‐15 ‐18 ‐19 ‐17 ‐19 ‐21 ‐23 ‐23 ‐18 ‐28 ‐23 ‐2S P L predicted to be 6 dBA above target 8" Metal Studs, 1‐layer 5/8" gyp. on both sides, full
depth insulation.

B‐1
Aliso Viejo ‐ Sound Transfer Evaluation ‐ Bowling Alley to Adjacent Spaces ‐ 8" Metal Stud Demising Wall, No Acoustic Clips 0 10
20 30
40 50
60 70
80 90

Project:

63.0 80.0 100 125 160 200 250 315 400 500 630 800 1K 1.25 k 1.6k 2k 2.5k 3.15k 4k Total Operating SPL, dBA Leq 46 49 52 57 59 61 61 63 65 67 69 69 70 70 66 65 62 60 59 78 Based on Published Data TL, RSIC‐1 Wall 23 30 35 40 45 49 51 54 57 59 62 63 65 66 67 65 58 61 65 N/A Area of Transmitting Panel, ft2 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 6900 N/A Area of Wall Seperating Receiver Rec. Room Volume. ft3 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 40000 N/A Reciever Room Volume RT60 2.00 2.00 2.00 2.00 2.00 2.00 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 N/A Estimated RT60 Absorption, sabins 1000 1000 1000 1000 1000 1000 1333 1333 1333 1333 1333 1333 1333 1333 1333 1333 1333 1333 1333 N/A Sound Absorption in Receiving Room NR 14 21 26 31 36 40 44 47 50 52 55 56 58 59 60 58 51 54 58 N/A Noise Reduction between LTF and Receiver Noise in Receiving Use, dBA 31 27 25 25 22 21 18 17 16 15 14 14 12 11 6 8 12 7 1 22 Predicted interior noise level, dBA Leq Target: NC 40, dBA 33 37 32 35 38 34 37 39 35 37 38 35 36 37 35 35 36 34 34 36 Ambient Noise Level at Receiver, NC40 (dBA) Increase Over (+) or Under (‐) Ambient: ‐2 ‐10 ‐7 ‐10 ‐16 ‐14 ‐19 ‐22 ‐20 ‐22 ‐24 ‐22 ‐24 ‐26 ‐29 ‐28 ‐24 ‐28 ‐33 ‐14 SPL predicted to be 6 dBA above target B‐2
Aliso Viejo ‐ Sound Transfer Evaluation ‐ Bowling Alley to Adjacent Spaces ‐ 8" Metal Stud Demising Wall, with RSIC‐1 Clips RSIC‐1 on 8" Metal Studs with 2‐layers 5/8, 1‐layer
5/8" on opposite side, full depth insulation.
0 10
20 30
40 50
60 70
80 90

63.0 80.0 100 125 160 200 250 315 400 500 630 800 1K 1.25k 1.6k 2k 2.5k 3.15k 4k Total Sound Pressure Level (dBA)
Frequency (Hz)
Operating SPL, dBA Leq
Target: NC 40, dBA
Noise in Receiving Use, dBA
187
Attachment 1
Wall Assembly Details
188
Aliso Viejo Town Center Noise Control
Acoustic Assembly Details
Detail 1: Recommended Demising Wall
Notes
These details have been prepared by Saxelby
Acoustics to meet the project noise isolation
performance goals. These details are not meant for
construction and must be reviewer by the project
architect and/or structural engineer for safety,
structural soundness, and compliance with all
applicable building codes.

Not for Construction
Rev 0 – 2/3/2023
189
Aliso Viejo Town Center Noise Control
Acoustic Assembly Details
Detail 1: Recommended Demising Wall
Notes
These details have been prepared by Saxelby
Acoustics to meet the project noise isolation
performance goals. These details are not meant for
construction and must be reviewer by the project
architect and/or structural engineer for safety,
structural soundness, and compliance with all
applicable building codes.

Not for Construction
Rev 0 – 2/3/2023
190

WALL ASSEMBLY
Steel Stud Wall

CONSTRUCTION
 2 Layers 5/8" (16mm) Type C Gypsum Board
 Drywall Furring Channel @ 24" o.c. (610mm)
 PAC RSIC-1 @ 24" x 48" o.c. (610mm x 1219mm)
 3-5/8" (92mm) 20ga Steel Studs @ 24" o.c. (610mm)
 6-1/4” (159mm) Fiberglass Batt Insulation
 1 Layer 5/8" (16mm) Type C Gypsum Board
STC 61
©2021 PAC International, LLC. All Rights Reserved. • (866) 774-2100 RSIC® is a registered Trade Mark Visit PAC’s Fire and Sound Assembly Selector
World Leader in
Noise Control
Solutions
RSIC-1 with Drywall Furring ChannelTest #: RAL TL05-012 1 Hr.

Airborne Sound
OITC 45
WWW.PAC-INTL.COM
Airborne Sound
RSIC-1
UL File Number: R16638
191
RSIC-1
The RSIC-1 is designed for use with any wood, steel or
concrete application where noise control is required. This includes, wood framed, steel framed, CMU, or concrete wall and or ceiling systems. The RSIC-1 assembly decouples the gypsum board from the structure, giving the assembly
enhanced acoustical performance. With an Acoustical design load rating of 36 lbs per isolator, the RSIC-1 clip can support up to two layers of 5/8" gypsum board when spaced no more that 24" x 48" oc. The RSIC-1 clip fastens directly to the framing or structure. The RSIC-1 decouples the gypsum board from the structure stopping STC and IIC vibrations from entering the space adjacent. The RSIC-1 systems have several UL fire resistive design assemblies from ranging one hour to four hours. The UL assemblies can be viewed on our site at http://pac-intl.com/fire_ratings_list.html, and on UL.com © PAC International, LLC. All Rights Reserved. • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark.

RSIC-1 specifications:

Acoustical design load: 36 Lbs
Total deflection 3 mm
Double deflection Yes (1.5 mm)
Use on Ceilings Yes
Use on walls Yes
New Construction Yes
Retro Fit Yes
RSIC-1, the Low Cost, High Performance,
Noise control Solution
Concrete Apartment
Condo
Commercial
Retail
Recording Studio
Home Theater
Commercial theaterConference Rooms
Adjustable No
Adjustment limit N/A
Cavity min 1-5/8"
Cavity Max 1-5/8"
Low VOC treated Yes
PAC INTERNATIONAL, LLC.

Made with Recycled content Yes
Wood
Steel
Metal deck
Made in USA Yes
192
GYPSUM BOARD ASSEMBLIES 09-21-16

PAC INTERNATIONAL, LLC.

1. Product Name
●RSIC-1 Resilient Sound Clip System
• RSIC-1® Resilient Sound Isolation Clips
• RSIC-1 Backer®

2. Manufacturer
PAC International, LLC
7260 W Azure Dr
Suite 140-213
Las Vegas, NV 89130
Phone: (866) 774-2100
Fax: (866) 649-2710
Email: [email protected]
Web: www.pac-intl.com

3. Product Description
RSIC-1
The RSIC-1 is designed for use with any
wood-framed, steel -framed, CMU, or concrete
wall and ceiling system where noise control is
needed. The RSIC -1 assembly decouples and
isolates the gypsum board or sheet goods from
the structure increasing the acoustic al
performance of the system.

The RSIC -1 stops the noise and
vibrations that typically would be allowed to
transfer through the structure. The RSIC -1
systems have several UL fire resistive design
assemblies ranging from one hour to four hours.

The UL assemblies can be viewed on the
PAC International, LLC site (www.pac-intl.com)
and on UL.com. (File #: R16638)

Materials and Composition
The 18 gauge RSIC -1 clips are
composed of galvanized or aluminum -zinc
coated steel and is manufactured in Canby, OR.

The RSIC rubber isolators are made of a
proprietary rubber and/or manufactured rubber
compounds.

RSIC-1

Sizes and Weight-bearing Information:

The RSIC-1 has an acoustical design
load rating of 36 pounds per isolator.

The RSIC-1 clip can support up to two layers of
5/8 inch gypsum board when spaced at 24 ×
48 inches on center.

For heavier systems increase the number of
isolators and channel to support the additional
weight of the system. The RSIC-1 clip fastens
directly to the framing or structure creating a
1-5/8 inch cavity between the face of the
framing and the back of the gypsum board.

Product Limitations:

For interior use only with operating
temperatures of 40–100 degrees F (4.4–37.8
degrees C).

4. Technical Data
Applicable Standards
ASTM International (ASTM)
ASTM E90 Standard Test Method for
Laboratory Measurement of Airborne Sound
Transmission Loss of Building Partitions and
Elements
ASTM E413 Classification for Rating Sound
Insulation

193
GYPSUM BOARD ASSEMBLIES 09-21-16

PAC INTERNATIONAL, LLC.

Underwriters Laboratories (UL)
UL Fire Resistance Directory R16638
www.ul.com.

The RSIC-1 may contribute to LEEDS points,
see Leed information on pac-intl.com

5. Installation
General installation: follow manufacturer's
specific installation instructions.
• Install resilient sound isolation
clips and drywall furring channels
in accordance with manufacturer's
instructions
• Mechanically fasten resilient sound
isolation clips to structure with screws,
bolts or expansion anchors,
dependent upon structure
• Fire-Resistive Design Assemblies:

Install as specified in UL Fire
Resistance Directory, where
required
• Do not arbitrarily add resilient sound
isolation clips to fire-rated assemblies
• Space resilient sound isolation clips
at maximum of 24 × 48 inches (600 ×
1200 mm) on center for walls and
ceilings
• Do not exceed design load (pull and
shear) of 36 pounds per isolation clip
• Stagger isolation clip installation, so
dead load is supported by all support
members
• Splicing Drywall Furring Channels:

Splice drywall furring channels with
minimum of six inch (150 mm) laps
• Secure laps with two framing screws
or 18 gauge tie wire double wrapped
• Locate splices between resilient
sound isolation clips
• Do not locate splices on resilient
sound isolation clips
• Install resilient sound isolation
clips on one side of wall
assembly, unless otherwise
indicated on the drawings
Flanking Noise:
• Review installation details to
prevent structure-borne flanking
noise
• Do not allow drywall furring channels
or gypsum board to contact foreign
materials, including floors, ceilings or
wall framing members
• Ensure metal ferrule of resilient sound
isolation clips is in firm contact with
structural member
• Gypsum Board:
• Install gypsum board in vertical or
horizontal position with a 1⁄4 inch (6 mm)
gap around perimeter for acoustical
sealant application
• Install gypsum board in accordance
with ASTM C840 as specified in
Section 09250
Acoustical Sealant:
• Seal potential air leaks with acoustical
sealant to achieve best Field Sound
Transmission Class (FSTC)
• Seal electrical outlets and penetrations
with acoustical sealant
• Apply fire-rated acoustical sealant at
locations where fire- rated assembly is
required
• Putty Pad Sealant: acoustically seal
with putty pads, electrical boxes in walls
and ceilings in which resilient sound
isolation clips are used

6. Availability and Cost
Please contact PAC International, LLC. for
availability and pricing information.

7. Warranty
RSIC-1 clips and RSIC-1 Backer have no
warranty.
194
GYPSUM BOARD ASSEMBLIES 09-21-16

PAC INTERNATIONAL, LLC.

8. Maintenance
No maintenance is necessary.

9. Technical Services
PAC International Inc. offers online product
pages, installation guides, and specification
sheets. Technical information can be found on
the website, www.pac-intl.com or by calling
866-774-2100, ext. 101 or 801. Fire ratings,
sound test assemblies, CAD drawings,
assembly drawings and clip specifications are
also on the website.

10. Filing Systems
Additional product information is available from
the manufacturer upon request

195
1 1
2 2
A A
B B
5/19/2021
SCALE
1 : 1
RSIC-1
1-1/4"
3"
1-5/8"
1-7/16"
1-1/2"
196
RSIC-1-INSTALLATON GUIDE
©PAC International , LLC. All Rights Reserved . • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark .

PAC International, LLC. Tel: (866) 774-2100 Web Site: www.pac-intl.com RSIC-1 SOUND ISOLATION CLIP
RSIC-1
197
©PAC International , LLC. All Rights Reserved . • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark .

PAC International, LLC. Tel: (866) 774-2100 Web Site: www.pac-intl.com RSIC-1-INSTALLATON GUIDE
RSIC-1 SOUND ISOLATION CLIP
Resilient Sound Isolation Clip (RSIC-1)
 Maximum Spacing : 48 inches on center
 Maximum Acoustical Design Load : 36 lbs
Drywall Furring Channel:
 Furring Channel : 25 gauge, hemmed edge detail required on all furring channel .

Meets or exceeds SFIA and SSMA requirements .
 Depth: 7/8 inch
 Width Bottom : 2-9/16” to 2-11/16” inch wide nominal .  Width Top : 1-1/4 inch wide
 Max spacing : 24 inches oc.

Splice drywall furring channel (hat track) with 6 inch overlap in mid span (between two clips ) secure with 18 ga tie wire, or two 7/16” framing screws .

Fasteners:
 RSIC-1 to Wood: #8 x 2-1/2 inch minimum size coarse thread screw . (Recommended #12 or #10 x 2-1/2 inch hex head)
 RSIC-1 to Steel: # 8 x 1-5/8 inch minimum size fine thread screw . (Recommended #12 or #10 x 1-5/8 inch hex head)
 DO NOT fasten Resilient Sound Isolation Clips (RSIC-1) to framing members with nails . Use only approved screws .

RSIC-1 Dimensions:
 RSIC-1 clip 3” tall
 RSIC-1 clip 1-1/4” deep
 RSIC-1 and drywall furring channel 1-5/8” deep
Drywall Furring Channel Overlap:
 Overlap drywall furring channel mid span in between RSIC clips and fasten together with 2 Steel framing screws
198
©PAC International , LLC. All Rights Reserved . • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark .

PAC International, LLC. Tel: (866) 774-2100 Web Site: www.pac-intl.com RSIC-1-INSTALLATON GUIDE
RSIC-1 SOUND ISOLATION CLIP
WALLS: One and Two Layers of 5/8” Gypsum Board
 Resilient Sound Isolation Clips (RSIC-1) shall be 48 x 24 inches maximum on center (horizontal).
 Fasten the Resilient Sound Isolation Clip (RSIC-1) to the substrate with a fastener approved for a minimum pull-out and sheer of 120 lbs.
 Ensure the internal metal ferrule is tight to the substrate. • Locate the first row of RSIC-1 clips within 3 inches from the floor and within 6 inches from the ceiling.  Snap in the drywall furring channel (hat track) into the RSIC-1 clips (horizontal for walls). (see page 2 for splice details) Channel max spacing 24 inches oc.  Place 1/4” (minimum) shim on floor to fully support the gypsum board.  Install the gypsum board from the bottom up leaving a 1/4” min. gap around the perimeter of the wall.
 ONLY remove the shims after ALL the gypsum board is completely screwed to ALL the drywall furring channels. Make sure every screw (floor to ceiling and wall to wall) is installed as required by the assembly design, in every layer of gypsum board before removing the shims at the floor.

The shims are critical to ensure best results.
 Caulk around the entire perimeter of the gypsum board. Use fire and smoke rated acoustical sealant where required.

Ceilings: One and Two Layers of 5/8” Gypsum Board
 Resilient Sound Isolation Clips (RSIC-1) shall be 48 x 24 inches maximum on center .  Fasten the Resilient Sound Isolation Clip (RSIC-1) to the substrate with a fastener approved for a minimum pull-out and sheer of 120 lbs.
 Ensure the internal metal ferrule is tight to the substrate.  Locate the first row of RSIC-1 clips within 8 inches of the wall at each end of a run.  Snap in the drywall furring channel (hat track) into the RSIC-1 clips. Channel max spacing 24 inches oc.
 Install the gypsum board from leaving a 1/4” min. gap around the perimeter of the ceiling.  Caulk around the entire perimeter of the gypsum board. Use fire and smoke rated acoustical sealant where required.

General Information:
 Refer to www.UL.com, or www.pac-intl.com for complete installation details on all fire resistive assembly designs.
 Resilient Sound Isolation Clip (RSIC-1), furring channel (hat track) and gypsum board shall not carry heavy loads such as cabinets, bookshelves, dropped ceilings, light fixtures, speakers, televisions, headboards, or floating vanities.
 Splice furring channel (hat track) with 6 inch overlap in mid span, secure with 18 ga. tie wire or with two framing screws (7/16”)
 Seal all potential air leaks with non-hardening acoustical caulking to achieve best noise control results. Use fire rated sealant where required.
 When attaching the RSIC-1 clips to a steel stud the minimum allowable thickness is 20 ga. (0.030).

Fire Test Information:

Approved for use in over 150 different UL fire resistive design assemblies.

Check our website for the latest updates of the fire testing approvals WWW.PAC-INTL.COM
Check UL Fire Resistance Directory File # R16638
Check UL’s web pages. www.ul.com/database
Contact UL (877) UL– HELPS
199
©PAC International , LLC. All Rights Reserved . • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark .

PAC International, LLC. Tel: (866) 774-2100 Web Site: www.pac-intl.com RSIC-1-INSTALLATON GUIDE
RSIC-1 SOUND ISOLATION CLIP

APPLICATION RECOMMENDATIONS FOR WALLS AND

CEILINGS, WOOD OR STEEL FRAMING
INSTALLING RESILIENT SOUND ISOLATION CLIPS (RSIC-1)
RSIC CLIPS AT 24” OC.
200
RSIC-1-INSTALLATON GUIDE
©PAC International , LLC. All Rights Reserved . • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark .

PAC International, LLC. Tel: (866) 774-2100 Web Site: www.pac-intl.com RSIC-1 SOUND ISOLATION CLIP

APPLICATION RECOMMENDATIONS FOR WALLS AND

CEILINGS, WOOD OR STEEL FRAMING
INSTALLING RESILIENT SOUND ISOLATION CLIPS (RSIC-1)
RSIC CLIPS AT 16” OC.
201
RSIC-1-INSTALLATON GUIDE
©PAC International , LLC. All Rights Reserved . • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark .

PAC International, LLC. Tel: (866) 774-2100 Web Site: www.pac-intl.com RSIC-1 SOUND ISOLATION CLIP

APPLICATION RECOMMENDATIONS FOR WALLS AND

CEILINGS, WOOD OR STEEL FRAMING
INSTALLING RESILIENT SOUND ISOLATION CLIPS (RSIC-1)

RSIC CLIPS ADDITIONAL DETAILS
RSIC clip Soffit installation:
 Soffits should be hard framed and RSIC clips instalaled to the outside of the soffit frame to support the gypsum board.

RSIC clip Beam installation:
 Beams can be floated with 90 deg. angle or supported with a single run of RSIC clips and channel at the lowest point.

RSIC clip Transition or interruption installation:
 The furring channel may be interrupted by HVAC, Light Fixtures, Sprinkler heads, or other items that need to penetrate the ceiling.
 The furring channel may be trimmed to allow this interruption when stringbacks are placed perpendicular to the main runs of channel and are supported by the adjacent furring channel runs, and the interruption is box framed using drywall furring channel.  Additional RSIC-1 clips may be added to support the additional weight of a light box or light fixture. Add one RSIC-1 clip for every 36 lbs added to the ceiling at those location Optional RSIC-1 clip added to support the end of the channel RSIC-1 clip Added blocking when there is not a joist within 6" of the end of the ceiling.  Add min 2 x 4 blocking that travels from joist to head of wall, or joist to joist to support RSIC-1 clips within 6" of the end of the ceiling.
202
RSIC-1-INSTALLATON GUIDE
©PAC International , LLC. All Rights Reserved . • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark .

PAC International, LLC. Tel: (866) 774-2100 Web Site: www.pac-intl.com RSIC-1 SOUND ISOLATION CLIP
RSIC-1
CIKV.R16638
Types RSIC-1 and RSIC-1 (2.75) for use in Design Nos. G501, G502, G503, G504, G505, G507, G510, G512, G524, G525, G534, G551, G552, G561, G565, G578, G552, G565, L502, L505, L510, L511, L513, L514, L516, L518, L521, L523, L528, L532, L534, L542, L546, L547, L550, L562, L563, L569, L570, L573, L574, L576, L579, L582, L587, L589, L590, L593, M501, M502, M506, M508, M509, M510, M514, M531, P519, P522, P538, P545, P556, P571, U301, U305, U309, U311, U320, U331, U334, U340, U341, U342, U344, U356, U411, U415, U417, U419, U421, U423, U440, U451, U453, U455, U465, U473, U493, U524, U910, U914, V310, V323, V324, V438, V455, V469, V478, V481, V488, V489, V490, V496, V498, W419, W425, W440, W445.

Type RSIC-1 also Classified in accordance with ASTM E90-99, "Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements". See Design Nos. G505, U305, U334, V310, for STC rating.

Type RSIC-1 also Classified in accordance with ASTM E492-96, "Standard Test Method for Laboratory Measurement of Impact Sound Transmission Through Floor-Ceiling Assemblies Using the Tapping Machine". See Design No. G505 for IIC rating.

Types RSIC-1 and/or RSIC-1 (2.75) for use in Joint System Nos. HW-D-0060, HW-D-1011.

RSIC-1 Clip UL Assemblies approved for use.
203

WARRANTY DISCLAIMER AND LIABILITY LIMITATION LANGUAGE

NO EXPRESS OR IMPLIED WARRANTIES
THERE IS NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND; AND ANY WARRANTY, EXPRESS OR IMPLIED, IS

EXCLUDED AND DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you.

LIABILITY LIMITED TO RETURN OF PURCHASE PRICE
IT IS AGREED THAT SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN

TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE

PURCHASE PRICE PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL

OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF

EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR THE EQUIPMENT IS A CONSIDERATION IN LIMITING SELLER’S LIABILITY AND PURCHASER’S REMEDY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SELLER NOT LIABLE FOR PURCHASER’S NEGLIGENCE
SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF PURCHASER’S NEGLIGENCE, WHETHER

DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT ANY SUCH NEGLIGENCE IS THE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.

MODEL FOR DEMONSTRATION PURPOSES ONLY
THE MODEL OR SAMPLE SHOWN BY SELLER TO BUYER IS USED FOR DEMONSTRATION PURPOSES ONLY. THERE IS NO WARRANTY

THAT THE GOODS AS DELIVERED SHALL CONFORM TO THE MODEL OR SAMPLE, AND CONFORMITY OF THE GOODS TO THE MODEL OR SAMPLE IS NOT PART OF THE BASIS OF THE BARGAIN BETWEEN SELLER AND BUYER.

NO WARRANTY OR COMPLIANCE WITH SAFETY CODE OR REGULATION

SELLER DOES NOT WARRANT THAT ANY OF THE GOODS SOLD WILL MEET OR COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE, BUILDING OR DWELLING CODE, OR REGULATION OF ANY STATE, MUNICIPALITY OR OTHER JURISDICTION.

NEVADA LAW APPLIES

SELLER AND BUYER AGREE THAT ALL ASPECTS OF THIS TRANSACTION INCLUDING THE APPLICABLE STATUTE OF LIMITATIONS SHALL BE GOVERNED BY THE INTERNAL LAW OF THE STATE OR NEVADA, AND NOT THE LAWS OF CONFLICTS.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. ©PAC International , LLC. All Rights Reserved . • (866) 774-2100 • Fax (866) 649-2710 RSIC® is a registered Trade Mark .

PAC International, LLC. Tel: (866) 774-2100 Web Site: www.pac-intl.com Members of the International Code Council
The RSIC-1 is the first and only product
classified by UL for both fire and sound.

RSIC-1-INSTALLATON GUIDE
RSIC-1 SOUND ISOLATION CLIP
204
World Leader in
Noise Control
Solutions
LEED Analysis
RSIC-1
Recycled Content
PAC International’s RSIC-1 does not contain signification recycled content.

Fabrication Location
The RSIC-1 is manufactured in Canby, OR 97013
Material Source
The extraction points for the materials in these products cannot be verified. Assume they are outside the 500 mile radius.

PAC International, LLC., 2000 4th Ave Canby, OR 97013 • (866) 774-2100 • Fax (866) 649-2710 © PAC International, LLC. All Rights Reserved. RSIC® is a registered Trade Mark of PAC International, LLC. 205 World Leader in
Noise Control
Solutions
PAC International, LLC., 2000 4th Ave Canby, OR 97013 • (866) 774-2100 • Fax (866) 649-2710 © PAC International, LLC. All Rights Reserved. RSIC® is a registered Trade Mark of PAC International, LLC.

RSIC-1

RSIC-SI-X

RSIC-SI-X ADM
RC-1 Boost

PAC-RCB
RSIC-SI-1 Ultra

RSIC-SI-CRC EZ

RSIC-SI-WHI

RSIC-SI-FF
RSIC-1 EXT04
RISC-1.5 CRC
RSIC-1 Low Profile
RSIC-1 Edge
RSIC-1 TTC
RSIC-1 Retro
RSIC-1 Backer
RSIC-1 ADM
RSIC-U

RSIC-U-HD

RSIC-WFI

RSIC-FGP
RSIC-DC04
RSIC-DC04 HD/DD
RSIC-DC04X2
RSIC-DC04X2 HD/DD
RSIC-V
RSIC-2
RSIC-2 Retro

RSIC-CWB

RSIC-CWB HD/DD

RSIC-CWB HD/DD DC
RSIC-Joist Isolator
RSIC-GDS Kit

RSIC-AMI

RSIC-FS TV
RSIC-Perimeter Tape
RSIC Super Screw
RSIC-Putty Pad
RSIC-Multi Clip

RSIC-FRC-HD

PAC-IFB
This document is provided for clarification of the Safety Data Sheets that you have requested for our product(s). OSHA Hazard Communication Standard requires a SDS for hazardous
chemicals; however, the standard exempts all articles from the requirement. The explanation of an article is described per OSHA definition below.

Pursuant to 29 CRF 1910.1200 (b) (6) (v) and (c), the
product described herein is an “article” or is otherwise excluded from OSHA regulations requiring that a Material Safety Data Sheet be prepared for it.

An article defined: manufactured item other than a fluid or particle: (i) which is formed to a specific shape or design during manufacturing; (ii) which has an end use function (s) dependent in whole or in part upon its shape or design
during end use; and (iii) which does not release, or other wise result in exposure to, a hazardous chemical under normal conditions of use.

For technical information and additional resources covering these products please refer to PAC International published literature, e.g., data sheets, product drawings, and installation guidelines at www.pac-intl.com
As of the date of this document, the foregoing information is believed to be accurate and is provided in good faith to comply with applicable federal and state laws. However, no warranty or representation of law or fact, with respect to such information, is intended or given.

Safety Data Sheet
Article Statement
(PAC International, LLC Wall and Ceiling Isolation Products) 206
World Leader in
Noise Control
Solutions
PAC International, LLC., 2000 4th Ave Canby, OR 97013 • (866) 774-2100 • Fax (866) 649-2710 © PAC International, LLC. All Rights Reserved. RSIC® is a registered Trade Mark of PAC International, LLC.

RSIC Product Warranty Disclaimer
RSIC-1

RSIC-SI-X

RSIC-SI-X ADM
RC-1 Boost

PAC-RCB
RSIC-SI-1 Ultra

RSIC-SI-CRC EZ

RSIC-SI-WHI

RSIC-SI-FF
RSIC-1 EXT04
RISC-1.5 CRC
RSIC-1 Low Profile
RSIC-1 Edge
RSIC-1 TTC
RSIC-1 Retro
RSIC-1 Backer
RSIC-1 ADM
RSIC-U

RSIC-U-HD

RSIC-WFI

RSIC-FGP
RSIC-DC04
RSIC-DC04 HD/DD
RSIC-DC04X2
RSIC-DC04X2 HD/DD
RSIC-V
RSIC-2
RSIC-2 Retro

RSIC-CWB

RSIC-CWB HD/DD

RSIC-CWB HD/DD DC
RSIC-Joist Isolator
RSIC-GDS Kit

RSIC-AMI

RSIC-FS TV
RSIC-Perimeter Tape
RSIC Super Screw
RSIC-Putty Pad
RSIC-Multi Clip

RSIC-FRC-HD

PAC-IFB

WARRANTY DISCLAIMER AND LIABILITY LIMITATION LANGUAGE

NO EXPRESS OR IMPLIED WARRANTIES
THERE IS NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND; AND ANY

WARRANTY, EXPRESS OR IMPLIED, IS EXCLUDED AND DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you.

LIABILITY LIMITED TO RETURN OF PURCHASE PRICE
IT IS AGREED THAT SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN

CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY

OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE

PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY

SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,

PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS

OR REVENUE, COSTS OF RENTING REPLACEMENTS AND OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR THE EQUIPMENT IS A CONSIDERATION IN LIMITING SELLER’S LIABILITY AND PURCHASER’S REMEDY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SELLER NOT LIABLE FOR PURCHASER’S NEGLIGENCE

SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF PURCHASER’S NEGLIGENCE, WHETHER DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT ANY SUCH NEGLIGENCE IS THE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.

MODEL FOR DEMONSTRATION PURPOSES ONLY

THE MODEL OR SAMPLE SHOWN BY SELLER TO BUYER IS USED FOR DEMONSTRATION PURPOSES ONLY. THERE IS NO WARRANTY THAT THE GOODS AS DELIVERED SHALL CONFORM

TO THE MODEL OR SAMPLE, AND CONFORMITY OF THE GOODS TO THE MODEL OR SAMPLE IS NOT PART OF THE BASIS OF THE BARGAIN BETWEEN SELLER AND BUYER.

NO WARRANTY OR COMPLIANCE WITH SAFETY CODE OR REGULATION

SELLER DOES NOT WARRANT THAT ANY OF THE GOODS SOLD WILL MEET OR COMPLY WITH

THE REQUIREMENTS OF ANY SAFETY CODE, BUILDING OR DWELLING CODE, OR REGULATION OF ANY STATE, MUNICIPALITY OR OTHER JURISDICTION.

NEVADA LAW APPLIES

SELLER AND BUYER AGREE THAT ALL ASPECTS OF THIS TRANSACTION INCLUDING THE

APPLICABLE STATUTE OF LIMITATIONS SHALL BE GOVERNED BY THE INTERNAL LAW OF THE STATE OR NEVADA, AND NOT THE LAWS OF CONFLICTS.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state 207
Lucky Strike
26503 Aliso Creek Road
USE-2023-00028 – Conditional Use Permit
City Council
May 15, 2024
208
Project Request
• Request includes:
- Bowling Alley
- Restaurant with alcohol service
- Live Entertainment
- Proposed hours of operation:
209
Lucky Strike
Project Information
Square Footage 38,535
Existing Conditions Vacant Suite
Zoning Designation Specific Plan No. 2
Commercial-Town Center
(“SP2-CTC”)
General Plan
Designation
Town Center Commercial
(“TCC”)/High Density
Residential (“HDR”)
210
Floor Plan
211
Staff Recommendation to City Council:

1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Rose Rivera, Senior Planner
So Kim, Community Development Director
SUBJECT: CONDITIONAL USE PERMIT AND A SITE DEVELOPMENT PERMIT

REQUEST FOR AN INDOOR RECREATIONAL CLIMBING AND FITNESS

FACILITY (SENDER ONE) AND TO RAISE A PORTION OF THE ROOF TO 50’ IN HEIGHT AT 26505 ALISO CREEK ROAD (USE-2023-
00030/SDP-2023-00010)
Recommended Actions:

1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and

2. Adopt a Resolution (Attachment 1) approving a Conditional Use Permit for an indoor recreational climbing and fitness facility and a Site Development Permit to raise a portion of the roof to 50’ in height at 26505 Aliso Creek Road (USE-2023-00030/SDP- 2023-00010).

Fiscal Impact:

There is no fiscal impact.

Background:

Page 2 of 7 ends

Aliso Viejo City CouncilMay 15, 2024

Aliso Viejo City Council
May 15, 2024