Attachment 3
PROPOSED AI GOALS AND STRATEGIES FY 2023-2024 ACCOMPLISHMENTS 1) In collaboration with the OCHA:
a) Attend quarterly Orange County Housing Authority (OCHA) Housing Advisory Committee to enhance the exchange of
information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
b) Support OCHA's affirmative fair marketing plan and deconcentration policies by providing five-year and annual PHA plan certifications.
c) In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.
a) City staff attended online meetings during the reporting period. b) The City provided the PHA Plan certifications to OCHA staff upon request. c) California law expanded "source of income" protections to individuals who use housing rent assistance (e.g., Housing Choice Voucher) effective January 2020. The Fair Housing Foundation (FHF) is prepared to receive and address these types of complaints. FHF received no allegations of discrimination based on income from Aliso Viejo residents during the FY 22-23 reporting period.
2) Through the City's fair housing contractor:
a) Provide fair housing education and information to apartment managers and homeowner associations on why denial of
reasonable modifications/accommodations is unlawful.
b) Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property
management companies. Methods of outreach may include
workshops, informational booths, presentations to
community groups, and distribution of multi-lingual fair housing literature.
c) Provide general fair housing counseling and referral services to address tenant-landlord issues, investigate allegations of fair housing discrimination, and take appropriate actions to conciliate cases or refer to appropriate authorities.
d) Include testing/audits within the scope of work with fair housing provider.
a) During the reporting period, the FHF received 3 inquiries regarding reasonable accommodation from Aliso Viejo residents. The inquiries were resolved. b) FHF conducted or attended 4 community fairs, community meetings, and workshops.
Activities were available to Aliso Viejo residents, landlords, and property managers.
Additionally, the FHF distributed 2,260 pieces of fair housing literature throughout Aliso Viejo during the reporting period.
c) The FHF assisted 37 unduplicated Aliso Viejo households by addressing various housing issues, disputes, and inquiries. The primary issues addressed during the reporting period included security deposits, habitability, and evictions. Most cases were resolved through education and counseling. The FHF received 11 allegations of fair housing law violations from Aliso Viejo residents during the reporting period (4 regarding physical disability, 2 regarding mental disability, 2 regarding gender, 2 regarding income source, and 1 regarding race. All allegations were resolved through counseling. d) FHF conducts its audits based on the most common protected classes. No audits or testing were conducted for Aliso Viejo during FY 23-24. 1507
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City of Aliso Viejo Analysis of Impediments to Fair Housing Summary
Attachment 3
e) Regularly consult with the City's fair housing contractor on potential strategies for affirmatively furthering fair housing on an ongoing basis.
e) On an annual basis, City staff discuss fair housing programming strategies regarding education and enforcement activity with the FHF.
3) Support local eviction prevention strategies to reduce the number of homeless individuals and families (homelessness prevention services).
▪ The City used CDBG and CDBG-CV funds to support services to prevent the loss of housing.
4) Prepare a new Housing Element that is compliant with all current State laws and is certified by the California Department of Housing and Community Development (HCD).
▪ On 1/19/22, the City adopted its 6th Cycle Housing Element, which was submitted to HCD for certification. HCD reviewed the draft Housing Element and issued a response letter, which includes a list of items to be addressed for certification. City staff continues to prepare a revised draft that addresses the HCD response letter. The City re-adopted the Housing Element on 6/7/23, and HCD certified it on 6/24/24. 5) Update zoning ordinance to comply with current State law. ▪ The City will revise its zoning ordinance to ensure that regulations pertaining to density bonus, supportive housing, and low-barrier navigation centers are consistent with State law during the FY 22-23 reporting period. The City adopted Ordinance 2024-237 on 2/21/24 to update the zoning ordinance.
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CITY OF ALISO VIEJO
NOTICE OF PUBLIC REVIEW PERIOD
AND CITY COUNCIL PUBLIC MEETING
NOTICE IS HEREBY GIVEN that on Wednesday, September 18, 2024, at 7:00 pm (or as soon thereafter as possible), the City Council of the City of Aliso Viejo will hold a public meeting to consider the following:
APPROVAL AND AUTHORIZATION TO SUBMIT THE CITY OF ALISO VIEJO’S 2023-2024 CONSOLIDATED
ANNUAL PERFORMANCE REPORT (CAPER) FOR EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) AND COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS (CDBG-CV) FUNDS City Council Meeting Location: City Hall Council Chambers, 12 Journey, Suite 150, Aliso Viejo, CA 92656 2023-2024 CAPER
The City of Aliso Viejo is a recipient of Community Development Block Grant (CDBG) funds, awarded to the City by the U.S. Department of Housing and Urban Development (HUD). To receive CDBG funds, the City must prepare a multiyear strategic plan known as the Consolidated Plan. At the beginning of each year, the City also prepares a one-year expenditure plan outlining the planned use of CDBG funds. Additionally, with the approval of the CARES Act of 2020, the City also received CDBG-CV funds, which were used to prevent, prepare for, or respond to local impacts of the COVID-19 pandemic. The primary beneficiaries of CDBG and CDBG-CV funds are lower-income Aliso Viejo residents.
At the conclusion of the fiscal year, the City must prepare a year-end performance report known as the Consolidated Annual Performance and Evaluation Report (CAPER). The 2023-2024 CAPER covers the period of July 1, 2023, through June 30, 2024, and provides a summary of activities undertaken with CDBG and CDBG-CV funds during the reporting period.
Public Comment Period
The draft 2023-2024 CAPER will be available for public review at the City of Aliso Viejo City Hall and on the City’s website, www.avcity.org. The review period will begin on September 3, 2024, and end on September 17, 2024. Members of the public may submit written comments during the public review and comment period. Comments should be submitted no later than 5:00 pm September 17, 2024, to Rose Rivera, Senior Planner, City of Aliso Viejo, 12 Journey, Suite 100, Aliso Viejo, California 92656 or by email to [email protected]. Comments will continue to be accepted during the public meeting through the close of the public comment period. Please reference the 2023-2024 CAPER and City Council meeting date in any correspondence.
INVITATION TO BE HEARD: All interested persons will be given an opportunity to comment on this item at the public meeting. In addition, written comments may be submitted to the City Council prior to the meeting to the attention of Mitzi Ortiz, MMC, City Clerk, City of Aliso Viejo, 12 Journey, Suite 100, Aliso Viejo, California 92656. Please reference the title and date of the meeting in any correspondence.
If you wish to challenge the above projects in court, the challenge will be limited only to those issues you or someone else raised at the public meeting or in written correspondence delivered to the City at or before the public meeting as described in this notice.
The agenda materials pertaining to this item will be made available for public review at the City and on the City’s website at www.avcity.org by approximately 4:30 pm on September 12, 2024. Please contact Planning Services at (949) 425- 2525 or [email protected] if you have any questions regarding the agenda materials.
It is the intention of the City of Aliso Viejo to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner.
Please contact the City Clerk’s Office at (949) 425-2505 at least 48 hours before the meeting to inform us of your particular needs.
/s/Mitzi Ortiz, MMC
City Clerk
1/8-page display ad published in the Aliso Niguel News August 29, 2024 Attachment 4 1 of 2
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SUMMARY OF PUBLIC COMMENTS
15-DAY COMMENT PERIOD
TBD
9/18/24 CITY COUNCIL MEETING
TBD
Attachment 4 2 of 2
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City of Aliso Viejo
AGENDA ITEM
DATE: September 18, 2024
TO: Mayor and City Council
FROM: Isaac Aziz, IT Manager
SUBJECT: PURCHASE AND REPLACE PROJECTORS AT THE ALISO VIEJO CENTER
Recommended Actions:
1. Approve and authorize the City Manager to execute a Professional Services Agreement with Western Audio Visual for the replacement of three projectors at the Aliso Viejo Center for an amount not to exceed $28,000; and
2. Appropriate $28,000 to the fiscal year 2024-25 Capital Improvement Plan.
Fiscal Impact:
The total cost of the agreement is $27,388.64, which includes equipment, design, engineering, and installation. Since this project was not part of the adopted fiscal year budget, it is necessary to appropriate $28,000 to the General Fund Capital Improvement budget for fiscal year 2024-25.
Background:
The overhead projectors in the three ball rooms at the Aliso Viejo Center were installed approximately ten years ago and have recently experienced multiple failures. One projector is no longer functional and the other two are not supported and are obsolete.
The poor video quality has provided substandard experience and disruptions during meetings.
Upgrading the projectors is critical to ensure that meetings and other public events are conducted efficiently and effectively, with clear visual presentations for attendees. As part of this project, staff assessed the current video system condition and identified the necessary upgrades. This evaluation included consultations with audio/video professionals and a review of potential vendors capable of delivering a modern and integrated AV solution.
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Discussion:
Staff solicited project proposals from three qualified vendors. Staff evaluated proposals based on cost, proposed solution, and experience. After a thorough selection process, Western Audio Visual (WAV) was identified as the most suitable vendor due to their extensive experience with municipal audio/video projects and ability to provide a comprehensive, cost-effective solution tailored to the specific needs of the Aliso Viejo Center.
Attachments:
1. Agreement
2. Proposal
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CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
ALISO VIEJO CENTER PROJECTOR REPLACEMENT PROJECT
1. PARTIES AND DATE.
This Agreement is made and entered into this 18th day of September 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 Projector Replacement Hardware/Programming 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 Projector Replacement 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 Projector Replacement 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 September 18th, 2024 to December 30, 2024, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than 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 1513
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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 1514
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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 1515
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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 1518
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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 Twenty-Eight Thousand Dollars ($28,000) 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.
3.4 Accounting Records.
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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
Such notice shall be deemed made when personally delivered or when mailed, forty-eight 1520
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(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 1521
2018-60367.01100\30610656.2 - 10 -
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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2018-60367.01100\30610656.2 - 11 -
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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2018-60367.01100\30610656.2 - 12 -
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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2018-60367.01100\30610656.2 - 13 -
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this 18th day of September 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
1525
2018-60367.01100\30610656.2 - 14 -
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.
1526
2018-60367.01100\30610656.2 - 15 -
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
1527
EXHIBIT “A”
Item Quantity Manufact
urer
Model Description Unit Price Ext Price
3 Epson EBPU1007W7,000 lumen 3LCD, Laser Projector
(WHITE)
$ 6,709.00 $ 20,127.00
2 Epson ELPLM08 #1 Middle Zoom Lens, 1.42-2.28
Throw Ratio (room A & C)
$ 368.00 $ 736.00
1 Epson ELPLM10 #3 Middle Zoom Lens, 3.32 - 5.06
Throw Ratio (room B)
$ 1,615.00 $ 1,615.00
3 Premier
Mounts
FTPW Fine Tune Projector Mount (WHITE)$ 201.00 $ 603.00 Miscellaneous Materials
Cable & Connectors $ -
Installation Hardware & Accessories $ 49.00
Equipment Rack Hardware (Lacing Bars, Blanks, Vents, etc.) $ -
Miscellaneous Materials Sub-Total $ 49.00
Integration Labor
Engineering & Drafting $ -
Control Programming $ 1,248.00
Project Management $ -
Staging & Assembly $ -
Installation & Testing $ 1,092.00
Training, Closing, & Commissioning
$ -
Travel $ -
Sub-Contract $ -
Insurance & Admin $ -
Integration Labor Sub-Total $ 2,340.00
Projectors Totals
Total Equipment $ 23,130.00
Total Labor $ 2,340.00
Equipment and Labor Subtotal $ 25,470.00
Total Shipping $ 117.00
Additional Shipping for Overnight or Large Items $ -
Subtotal $ 25,587.00
Sales Tax 7.75% $ 1,801.64
Electronic Waste Fee 35" and Greater ($6.00)
QTY: 0 $ -
Electronic Waste Fee Total $ -
Total Service Agreement $ -
Bond (if required) $ -
$ 27,388.64
1528
Representative Kevin Mahkorn
Mobile 949.306.4162
Office 714.637.4461
Email [email protected]
Revision 4/19/2024
Item Quantity Manufacturer Model Description Unit Price Ext Price 3 Epson EB-PU1007W 7,000 lumen 3LCD, Laser Projector (WHITE) $ 6,709.00 $ 20,127.00 2 Epson ELPLM08 #1 Middle Zoom Lens, 1.42-2.28 Throw Ratio (room A & C) $ 368.00 $ 736.00 1 Epson ELPLM10 #3 Middle Zoom Lens, 3.32 - 5.06 Throw Ratio (room B) $ 1,615.00 $ 1,615.00 3 Premier Mounts FTPW Fine Tune Projector Mount (WHITE) $ 201.00 $ 603.00 $ 23,081.00
$ -
$ 49.00
$ -
$ 49.00
$ -
$ 1,248.00
$ -
$ -
$ 1,092.00
$ -
$ -
Sub-Contract $ -
$ -
$ 2,340.00
Total Equipment $ 23,130.00
Total Labor $ 2,340.00
Equipment and Labor Subtotal $ 25,470.00
Total Shipping $ 117.00
Additional Shipping for Overnight or Large Items $ -
Subtotal $ 25,587.00
Sales Tax 7.75% $ 1,801.64
Electronic Waste Fee 4" - 14" ($4.00) QTY: 0 $ -
Electronic Waste Fee 15" - 34" ($5.00) QTY: 0 $ -
Electronic Waste Fee 35" and Greater ($6.00) QTY: 0 $ - Electronic Waste Fee Total $ -
Total Service Agreement $ -
Bond (if required) $ -
$ 27,388.64
Billing Terms:
Date
100% Equipment Upon Order
Client Authorized Signature Printed Name & Title
This quote is valid for 30 days. The sales tax is subject to change—in the event of a an increase, the client agrees to pay the current sales tax rate. This proposal is not to be copied, reproduced or forward to any third party as its contents are the property of Western Audio Visual.
Miscellaneous Materials
Engineering & Drafting
Control Programming
Project Management
Staging & Assembly
Installation & Testing
Training, Closing, & Commissioning
Travel
Insurance & Admin
Integration Labor Sub-Total
Projectors Totals
Integration Labor
Miscellaneous Materials Sub-Total
Projectors Equipment Sub-Total:
Cable & Connectors
Installation Hardware & Accessories
City of Aliso Viejo
Aliso Viejo Center - Projectors
Projectors
Typical of 1 - Proposal Includes 1
Equipment Rack Hardware (Lacing Bars, Blanks, Vents, etc.) 1529
City of Aliso Viejo
AGENDA ITEM
DATE: September 18, 2024
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
Alan Villanueva, OCSD Captain
SUBJECT: TRAFFIC VIOLATOR APPREHENSION PROGRAM FEE (TVAP) Recommended Actions:
1. Open and conduct a public hearing;
2. Declare that the project is exempt from the provisions of California Environmental Quality Act (“CEQA”) 21080(b)(8) of the Public Resources Code and Section 157273 of the CEQA Guidelines as the establishment of modification of rates, fees, and charges, which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment or materials as set forth herein; and
3. Adopt a Resolution authorizing the Orange County Sheriff's Department to collect its updated fee for the traffic violator apprehension program in the City.
Fiscal Impact:
The City's law enforcement contract with the Orange County Sheriff’s Department (OCSD) provides for the collection of Traffic Violator Apprehension Program (TVAP) fees at a rate set by OCSD and applies to all vehicles towed or impounded within the City. The program is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code. Fees are collected and retained by OCSD.
Adopting the fees will make the program cost neutral to the City.
Background:
The City contracts with OCSD for law enforcement services. At times, OCSD impounds vehicles from highways, public property, or private property for various Vehicle Code violations (e.g., driving on a suspended license, vehicles that are blocking a fire hydrant etc.).
1530
In January 2021, the City adopted a Resolution allowing OCSD to collect a fee of $144 per vehicle removal in the City.
Discussion:
On June 25, 2024, the Orange County Board of Supervisors approved a fee increase from $144 to $174 for the vehicle removal, impound, storage or release of vehicles properly impounded.
OCSD has requested that cities adopt the attached Resolution to allow for the fee adjustment and to ensure consistency among contract cities. The Resolution also allows for automatic fee adjustments effective July 1 of each year, starting 2025, not to exceed the annual percentage of the Los Angeles-Long Beach-Anaheim “all items” Consumer Price Index, provided that the amount does not exceed the actual costs to OCSD.
Environmental:
The adoption of the Resolution approving the fee is statutorily exempt from the provisions of CEQA pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273 of the CEQA Guidelines as the establishment or modification of rates, fees and charges which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, and purchasing or leasing supplies, equipment, or materials.
Public Notice:
A Notice of Public Hearing was published on September 5, 2024, and September 12, 2024, to comply with Government Code 66018(a), which requires a local agency to hold a public hearing when new fees are adopted, or existing fees are revised.
Attachment:
1. Resolution
2. Orange County Board of Supervisors Minute Order
1531
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AUTHORIZING THE ORANGE COUNTY
SHERIFF'S DEPARTMENT TO COLLECT ITS UPDATED FEE FOR THE
TRAFFIC VIOLATOR APPREHENSION PROGRAM IN THE CITY OF
ALISO VIEJO
WHEREAS, the Orange County Sheriff-Coroner ("the Sheriff') has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and parking; and WHEREAS, the Sheriff operates the Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in cities (such as the City of Aliso Viejo) that contract for the Sheriff's law enforcement services; and WHEREAS, operating the Traffic Violator Apprehension Program on an area-wide basis without regard to jurisdictional boundaries between the County and contract cities serves the public purpose of the City because drivers routinely cross jurisdictional boundaries, making an area-wide approach to reduction of traffic accidents and driver education most effective in preventing traffic accidents in all participating jurisdictions; and
WHEREAS, on January 20, 2021, the Aliso Viejo City Council adopted Resolution No. 2021-04, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County's fees as set forth in County Resolution No. 20-161; and
WHEREAS, the Board of Supervisors has established an interest-earning, budgeted special revenue fund, called the "Traffic Violator Fund" and designated as Fund 13B, to be controlled by the Sheriff; and
WHEREAS, the Board of Supervisors has directed that proceeds from the Traffic Violator Apprehension Program fees be deposited into the Traffic Violator Fund; and WHEREAS, the Board of Supervisors has directed that funds from the Traffic Violator Fund must be used to reimburse the Sheriff for the administrative costs associated with the removal, storage, impound, and release of vehicles in accordance with the California Vehicle Code ("Vehicle Code"); and
WHEREAS, the Sheriff impounds vehicles removed from highways, public property, and private property in the unincorporated areas of the County and in contract cities pursuant to the following authority under the Vehicle Code:
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Vehicle Code Section and Impound Ground
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 22651 (i) (1) Multiple parking citations
22651 (j) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (I) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
1533
22655.5 (a) Vehicle was used as the means of committing a public offense
22655.5 (b) Vehicle is evidence of a crime
22669 Abandoned vehicle
WHEREAS, Vehicle Code section 22850.5 authorizes the City Council, by resolution, to establish a fee equal to the administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and WHEREAS, a cost study prepared in 2024 by the Sheriff demonstrated a need to update the County's Traffic Violator Apprehension Program fees. The Sheriff's cost study determined that the Sheriff's administrative costs relating to the removal, impound, storage, or release of vehicles properly impounded under the Vehicle Code is $174.00 per removal; and
WHEREAS, on June 25, 2024, the Orange County Board of Supervisors adopted Resolution No. 24-085, which established the fee in the amount of $174 and authorizes an annual administrative fee adjustment for the removal, impound, storage or release of vehicles, effective July 1st of each year, starting 2025, not to exceed the annual percentage of the Los Angeles-Long Beach-Anaheim “all items” Consumer Price Index, provided that the amount does not exceed the actual costs to OCSD; and WHEREAS, consistent with the City's authority under Vehicle Code section 22850.5, the Sheriff has requested that the City update its Traffic Violator Apprehension fees to match the County's new fee of $174.00 per removal;
WHEREAS, the City Council desires to update the Traffic Violator Apprehension Program fee to match the County and further desires for the Sheriff to continue to collect the fee on behalf of the City. Continuing with such a practice will ensure that persons whose vehicles are impounded, rather than the public as a whole, will bear the administrative costs of such impounds; and
WHEREAS, Vehicle Code section 22850.5 imposed the following restrictions on the imposition of this administrative fee:
a) The fee may only be imposed on the registered owner or the agents of that owner and may not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs; and
b) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner; and 1534
c) The charges shall be in addition to any other charges authorized or imposed pursuant to this code; and
d) The fee does not include any administrative costs associated with conducting a hearing or appeal relating to the removal, impound, storage, or release of a vehicle; and
WHEREAS, in addition to the limitations set forth above, it is also unfair to impose the administrative fee authorized by Vehicle Code section 22850.5 in the following circumstances: 1) when the vehicle was left because it became inoperable while being drive, if the owner makes good faith attempts promptly to remove the vehicle from location where it is not permitted, 2) when the vehicle was stolen, 3) when the vehicle was left by an ill or injured driver, and 4) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle; and
WHEREAS, a notice of public hearing with respect to the proposed new Traffic Violator Apprehension Program fee provided herein was given according to law; and WHEREAS, a public hearing pertaining to the new Traffic Violator Apprehension Program fee was held on September 18, 2024; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
SECTION 1: The recitals above are true and correct and are hereby adopted as findings, as if fully set forth herein.
SECTION 2: The City Council finds that project is exempt from the provisions of California Environmental Quality Act (“CEQA”) 21080(b)(8) of the Public Resources Code and Section 157273 of the CEQA Guidelines as the establishment of modification of rates, fees, and charges, which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment or materials as set forth herein; and
SECTION 3: That on September 18, 2024, the administrative fee indicated below shall become effective for the removal, impound, storage, or release of vehicles properly impounded after removal from locations in the City in accordance with or on account of provisions of the Vehicle Code listed below:
A fee of $174.00 for each removal of a vehicle in accordance with or on account of violation of Vehicle Code sections:
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
1535
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 22651 (i) (1) Multiple parking citations
22651 (j) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (I) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
22655.5 (a) Vehicle was used as the means of committing a public offense
22655.5 (b) Vehicle is evidence of a crime
22669 Abandoned vehicle
1536
SECTION 4: The Sheriff is authorized to collect the fee established herein, on behalf of the City, at the time of release of vehicles that are subject to the fee.
SECTION 5: The fee established herein shall only be imposed on the registered owner or the agent of the owner of the impounded vehicle, shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs.
SECTION 6: The fee established herein shall be collected only from the registered owner or an agent of the registered owner and that said fee is in addition to any other charges authorized or imposed pursuant to the Vehicle Code.
SECTION 7: The fee established herein complies with Vehicle Code section 22850.5 (b)(4) as the cost study conducted by the Sheriff that supports the $174.00 per removal fee did not include administrative costs for conducting a hearing or appeal related to the removal, impound, storage, or release of a vehicle.
SECTION 8: The Sheriff shall not impose the fee established herein in any of the following circumstances: (a) when the vehicle was left because it became inoperable while being driven, if the owner made good faith attempts promptly to remove the vehicle from a location where it was not permitted: (b) when the vehicle was stolen; (c) when the vehicle was left by an ill or injured drive; or (d) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.
SECTION 9: A registered owner or an agent of a registered owner who believes he/she/they are exempt from the fee established herein under any of the criteria listed in Section 8 above may apply in writing for a waiver of the fee and shall present such supporting information or documentation, as the Sheriff may request, to the City's Administrative Sergeant. Upon the presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff, the Administrative Sergeant or his/her designee shall determine promptly whether the applicant meets the criteria for a waiver of the fee and if so, shall waive the fee.
SECTION 10: Until further order of the City Council, the Sheriff is directed to deposit the proceeds of the fee established herein into Traffic Violator Fund in the County Treasury. Proceeds from the Traffic Violator Fund shall be used in conformance with the County's restrictions for the same as well as in conformance with any applicable provisions set forth in the City's agreement with the County for the Sheriff's law enforcement services.
SECTION 11: Until further order of the City Council, the Board of Supervisors 1537
is authorized to carry forward in the Traffic Violator Fund and accumulate any balance of proceeds of fees imposed by this Resolution that remains at the end of a fiscal year, as long as such fee proceeds will be used for the purposes provided herein.
SECTION 12: Authorizes an annual administrative fee adjustment as determined by OCSD for the removal, impound, storage or release of vehicles, effective July 1st of each year, starting 2025, not to exceed the annual percentage of the Los Angeles-Long Beach-Anaheim “all items” Consumer Price Index, provided that the amount does not exceed the actual costs to OCSD; and SECTION 13: This Resolution supersedes Resolution No. 2021-04.
PASSED, APPROVED AND ADOPTED this 18th day of September, 2024. __________________________
Mike Munzing
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Lauren Torres, Deputy City Clerk 1538
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 18th day of September, 2024, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
LAUREN TORRES
DEPUTY CITY CLERK
(SEAL)
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60367.01100\34434765.2
City of Aliso Viejo
AGENDA ITEM
DATE: September 18, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works/City Engineer SUBJECT: AQUATIC CENTER POOL DECK SURFACE REHABILITAITON OPTIONS Recommended Actions:
1. Receive staff presentation and provide direction on the pool deck surface rehabilitation method; and
2. Authorize staff to solicit bids for the recommended surface rehabilitation method.
Fiscal Impact:
The initial cost of this project is estimated to range between $55,000 and $300,000 depending on the surface rehabilitation method chosen. The actual project cost will be determined at the time bids are received, and a contract award will be on a future City Council agenda. Funding in the amount of $275,000 is allocated in the FY 2024-25 budget.
Background:
The Aquatic Center opened in 2008, built as a community enhancement through the Glenwood development agreement. During the 16 years since opening, minor repairs have been completed to remove trip hazards and replace the mastic joint sealants. The consistent pool chemical exposure has worn the surface of the concrete deck and if not treated there is likely to be more extensive repair or replacement necessary.
Discussion:
Staff has investigated several options for the pool deck surface rehabilitation ranging in cost, lifespan, and aesthetics. A summary of the methods is found below.
Grind and Seal – This method includes grinding and/or patching of any major defects and applying a clear sealcoat. This is the most inexpensive method but will not change the aesthetic of the deck and is recommended to repeat every 2 years. 1551
60367.01100\34434765.2 Page 2 of 3
Pebble Seal – This method includes grinding and/or patching of any major defects and installing a thin exposed aggregate surface treatment. When maintained with clear sealcoat every 2 years it is anticipated to have a lifespan similar to other concrete products up to 40 years. This will change the aesthetic as well as the feel of the pool deck given the exposed aggregate and new color.
Krete Kote – This method includes grinding and/or patching of any major defects and installing a thin multilayer surface treatment. This will require color sealcoat at 5 years, and possible reapplication at 10 years. This could change the aesthetic of the pool deck depending on the color selected, but the feel will be similar to the existing concrete.
KoolFlex – This method includes grinding and/or patching of any major defects and installing a thin thermoplastic surface treatment. This will require a color sealcoat every 5 years. This could change the aesthetic of the pool deck depending on the color selected and will change the feel of the deck providing a slightly cushioned layer.
Replace Concrete – This method is the most extensive, requiring complete removal and replacement of the concrete deck. Staff does not recommend this alternative but provided the information as a comparison.
All products are manufactured to better withstand exposure to pool chemicals and prolong the existing concrete deck below.
Since all products have different installation and long-term maintenance costs, the table helps provide a cost comparison at installation, 10 years, and 20 years. Given the longterm cost along with the look and feel of the product, staff recommends the KoolFlex product. This initial cost estimate is slightly higher than the budgeted amount of $275,000, but it is possible actual numbers will be lower when competitively bid.
Product Cost
Lifespan
(Years) 10-Year Cost 20-Year Cost
On-Going
Maintenance
Grind and Seal $ 55,000 2 $ 319,000 $ 703,000
Seal every 2
years
Pebble Seal $ 170,000 40 $ 306,500 $ 733,000
Seal every 2
years
Krete Kote $ 200,000 10 $ 282,500 $ 660,000
Seal every 5
years
Koolflex $ 300,000 20 $ 232,500 $ 570,000
Seal every 5
years
Replace Concrete $ 1,400,000 40 $ 614,000 $ 1,276,000
Seal every 2
years
Depending on the selected contractor’s estimated timeline, the project may be phased to allow for one of the pools to remain open during construction, though this could increase costs. It is also possible to spread the initial cost and split this project into 2 fiscal years by completing the lap pool area separately from recreational pool side. 1552
60367.01100\34434765.2 Page 3 of 3
Council requested additional information at the August 21, 2024 meeting. Staff has confirmed with a Scottsdale, Arizona facility that the KoolFlex product has been installed successfully for 14 years with little to no evidence of slipping incidents (reference letter attached). A second Arizona facility also agreed the product is slip resistant. Legoland currently utilizes KoolFlex as well. The manufacturer provided testing data indicating that the coefficient of friction is 0.59 dry and 0.82 wet. The minimum standard is recommended to be 0.5, though caution should always be taken around wet pool decks. Staff also reached out to Premier Aquatics, who is supportive of this recommended product.
Staff respectfully request direction regarding which surface rehabilitation is preferred. A bid package will be prepared and issued for work to take place this winter. A contract award with the actual cost will be presented to the Council for final approval prior to starting construction.
Attachments:
1. Reference Letter
2. Presentation
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(Kool Flex) Splash Pad & Pool Decking Product experience at the City of Scottsdale AZ (COS) Aquatic Facilities. 9/3/24
Prepared By Ken Shoup 32 COS Aquatic Maintenance Supervisor and Contract Administrator.
Overview: We have been using the Koolflex Product for 14 years in the COS Aquatic Centers and splash pads. I have conferred with the current and previous Aquatic staff operations management at our facilities and have concluded that there is extremely few to no slipping currencies related to wet or dry deck adhesion. The issues related to slipping or falling were consistently children running or horseplay an even that number is a small number of incidents in the past 6 to 8 years.
We experienced the Koolflex Product, using it on a failing 3-meter concrete diving platform at the Cactus Aquatic Center that had no less than 5 contractor’s and City of Scottsdale (COS) maintenance staff tried to seal and save the structure with no positive outcome. This concrete & steel structure was constructed in 1987 and was rusting internally which was spalding or breaking up the concrete portion of the structure. This structure was prepared and applied the Koolflex product by the Flexground Company in 2012 and has encapsulated the base structure stopping the deterioration and is still in use today. This impressed us when many other products were tried and failed. Before this event we were trying the KoolFlex product in difficult to adhere deck areas with success.
We install the very first complete deck at the Cactus Aquatic Center in 2014. This product has held up very good at a Competitive Public Pool with major competitive swimming, diving, and synchronized meets. Seeing 100,000 citizens, guests, and competitors annually. We expect to get 20 plus years of use without replacement. An average acrylic pool deck in a commercial setting in the harsh Arizona desert environment will be ready for replacement in 4 to 6 years.
Below are our observations of the Pro’s & Cons of the Kool flex product:
Cons:
• A little harder to move heavy deck equipment around like loaded thermal cover reels. • Finished product may not have quite the appeal of a new acrylic deck. However, our experience with many new and replacement acrylic deck begin to look much worse with in the first year and 90% of the cracks coming back through the redeck surface. • Demarkation deck tile can crack easier due to the give of the surrounding rubber.
Pros:
• Easier on the human back and joints to walk & stand on due to the small amount of give of the ground rubber compound.
• Lenth of time it last before an expensive deck replacement. We expect 20 Plus Years. • 90% of concrete cracks come back through replaced acrylic decking and has not happened in our experience with the Koolflex.
• Can be recolored, sealed, and coated without disturbing the rubber substructure (Usually every 5 years has been our experience).
• Delamination is rare but If repairs are needed can be blended extremely well. • Rare to no slip and falls but if fall a occurs, the Koolflex has a better impact give to potentially reducing injury.
We hope this may assist you in a decision.
Ken Shoup Aquatic Maintenance Consultant for the COS, the pool guy… 1554
AV Aquatic Center
Pool Deck Surface
Rehabilitation
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2 Background
• Aquatic Center Opened 2008
• Minimal repairs made each year
• Structurally the concrete deck is
sound
• Pool chemical exposure accelerates
surface deterioration
• Surface treatment required to
prolong the life
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Existing Pool Deck
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Product Options – Pebble Seal
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Product Options – Krete Kote
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Product Options – Koolflex
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Product Cost & Lifespan
7 Product
Construction
Cost Lifespan (Years) 10-Year Cost 20-Year Cost Surface Treatment Grind and Seal $ 55,000 2 $ 319,000 $ 703,000 Seal every 2 years Pebble Seal $ 170,000 40 $ 306,500 $ 733,000 Seal every 2 years Krete Kote $ 200,000 10 $ 282,500 $ 660,000 Seal every 5 years Koolflex $ 300,000 20 $ 232,500 $ 570,000 Seal every 5 years Replace Concrete $ 1,400,000 40 $ 614,000 $ 1,276,000 Seal every 2 years 1561
City of Aliso Viejo
AGENDA ITEM
DATE: September 18, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: STREET MAINTENANCE – PAVEMENT STRIPING
______________________________________________________________________ Recommended Action:
Receive staff report.
Fiscal Impact:
There is no fiscal impact.
Background:
The City of Aliso Viejo contracts all maintenance services including streets, traffic signals, storm drains, and landscaping. Street maintenance in particular includes a wide range of typical activities such as filling potholes, repairing sidewalks, street sign replacements, right of way weed control, and pavement markings.
Discussion:
At the August 21, 2024 meeting, Council requested information regarding pavement markings and signage conditions at locations including Pacific Park and Wood Canyon, and Aliso Creek and Liberty. Moulton Niguel Water District had completed a valve replacement project several weeks ago at many locations along Aliso Creek Road and Pacific Park Drive. Their pavement marking contractor was delayed in replacing the damaged pavement markings at several of these locations, including Aliso Creek and Liberty. This work has since been fully completed.
Pacific Park and Wood Canyon was in need of pavement marking refreshing, along with Aliso Viejo Parkway from Enterprise to Cedarbrook. Staff attempted to schedule this work as part of annual summer maintenance, but the work was delayed due to the contractor’s availability. This work has also now been completed, as well as removal of an orange flag installed with a sign at Pacific Park and Wood Canyon. These flags are typically removed after 2-3 months of new sign installation; however, removal was overlooked since it was located on a traffic signal mast arm, out of reach from our normal street crew. The traffic signal contractor was able to remove it.
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Pavement markings are an important safety feature used on streets to direct flow of vehicle, bicycle, and pedestrian traffic. When streets are rehabilitated either with slurry seal or asphalt overlay, the markings are fully replaced with thermoplastic pavement markings. This material will generally last up to 10 years without much maintenance, particularly in areas with little vehicle movement across it. Intersections tend to wear out more quickly due to increased lane changing at these areas. As this material ages or wears away, standard practice is to refresh the markings with a standard paint. It should be noted that local and collector streets are on a 7-year slurry seal program and paint refreshing would rarely be required. Arterial streets are not currently part of the slurry program, so pavement markings on these streets are more critical to review each year.
Staff reviews all streets in the spring to determine areas in need of paint refreshing. This list is then prioritized based upon the condition, location and if/when a rehabilitation project is next scheduled. During the past 3 years, about $20,000 was spent each year on this work. As the thermoplastic markings continue to age on older rehabilitated streets, more paint refreshing will be required each year to ensure areas are completed in a timely manner, which may also require increasing the allocated dollar amount within the street maintenance budget annually.
In addition to maintenance, other pavement marking projects, such as Columbia and Hummingbird most recently, are also completed within the street maintenance budget.
Attachment:
None
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City of Aliso Viejo
AGENDA ITEM
DATE: September 18, 2024
TO: Mayor and City Council
FROM: Mitzi Ortiz, Acting City Manager
Patricia Cantonwine, HR Analyst
SUBJECT: EMPLOYEE MONTHLY HEALTH BENEFIT ALLOWANCE
Recommended Action:
Adopt a Resolution approving an increase to the employee health benefit allowance for Plan Year 2025.
Fiscal Impact:
If approved, the total budget impact for the current fiscal year is estimated at $10,980 and can be accommodated in the FY 2024-25 budget. Total annual costs are estimated at $21,960 and will be budgeted accordingly in future fiscal years.
Background:
The City offers a cafeteria plan to provide health, dental and vision insurance for employees and dependents. Each year, prior to Open Enrollment, staff reviews changes to the upcoming calendar year’s benefit costs and presents the City Council with recommended changes to the monthly employee benefit allowance.
Historically, the monthly benefit allowance was based on providing family coverage for benchmark health, dental, and vision plans; however, due to high medical plan premium increases over the last few years, in 2023 Council approved moving to a tiered system based on the number of enrolled dependents.
Discussion:
Health Insurance
Staff is recommending continuing with a tiered system and proposing increases based on the average premium increase for each tier. Proposed increases are $55 for Employee Only, $110 for Employee +1, and $160 for the Family tier. 1564
No increase is recommended for employees that do not participate in health coverage.
However, if an employee that opts out of coverage has a qualifying event during the year and elects to participate in one of the City-offered medical insurance plans, the employee will receive the monthly benefit allowance at the appropriate tier.
Dental and Vision Insurance
There were no increases in dental and vision premiums.
Retirement Survivors Benefit
The CalPERS Retirement Survivors’ Benefit has increased from $2.75 to $2.95.
Proposed Tiers
If approved, the 2025 Plan Year Monthly Health Benefit Allowance would increase as detailed below:
Current
Allowance
Proposed
Increase
Proposed
2025
Allowance
Opt Out $ 2,242.58 $ 0.00 $ 2,242.58
Employee Only $ 2,367.58 $ 55.00 $ 2,422.58
Employee +1 $ 2,392.58 $ 110.00 $ 2,502.58
Family $ 2,467.58 $ 160.00 $ 2,627.58
Attachment:
1. Resolution
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RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, ADOPTING A BENEFIT SCHEDULE FOR FULLTIME CITY EMPLOYEES WHEREAS, the City of Aliso Viejo, provides benefits to full-time employees including a cafeteria plan that may be used for health, dental, vision, retirement survivor benefit and other optional benefits; and
WHEREAS, the City of Aliso Viejo, desires to promote employer-employee relations by increasing benefits of City employees for the 2025 plan year; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
Section 1: The Benefits Schedule, attached hereto as Exhibit “A” is hereby adopted.
Section 2: The Mayor shall sign this Resolution and the City Clerk shall certify the adoption thereof.
PASSED, APPROVED AND ADOPTED this 18th day of September, 2024. __________________________
Mike Munzing, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Lauren Torres, Deputy City Clerk 1566
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 18th day of September, 2024, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
LAUREN TORRES
DEPUTY CITY CLERK
(SEAL)
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EXHIBIT A
Benefits
The City shall provide the following as options for employee and dependent insurance coverage, with noted exceptions:
Cafeteria Coverages:
Health Insurance
Effective the month following employment, employees may enroll in one of the health insurance plans offered by the City and will be provided the option to enroll eligible dependents.
Dental Insurance
Effective the month following the first full month after employment, employees may enroll in the provided dental insurance plans and will be provided the option to enroll eligible dependents.
Vision Insurance
Effective the month following the first full month after employment, employees may enroll in the provided vision insurance plans and will be provided the option to enroll eligible dependents.
Retirement Survivors Benefit
Upon employment, all eligible employees shall enroll in CalPERS and pay for the Survivors Benefit.
The City’s contribution toward the monthly benefit allowance for Plan Year 2025 shall not exceed the allowances shown below.
Employee Only Employee + 1
Family Opt Out
2025 Monthly
Benefit Allowance $2,422.58 $2,502.58 $2,627.58 $2,242.58 The health, dental and vision insurance chosen by the employee will determine their premiums. Premiums in excess of the cafeteria plan benefit allowance shall be deducted from the employee’s compensation.
The City shall provide the following benefits to full-time employees in addition to the aforementioned cafeteria plan benefits. The benefit levels and costs have remained the same from the previous year.
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City-paid Coverages:
Life Insurance
Effective the month following employment or approval of the provider, the City shall provide full-time employees with a life insurance plan in the amount equal to a full year's base salary.
Disability Insurance
Effective the month following employment or approval of the provider, the City shall provide long-term disability coverage with benefits calculated on 60% of the employee’s pre-disability earnings, up to a maximum of $10,000 per month. This amount may be reduced by other income sources.
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City of Aliso Viejo
AGENDA ITEM
DATE: September 18, 2024
TO: Mayor and City Council
FROM: Lizzy Mendoza, Recreation & Community Services Manager SUBJECT: CITY SPONSORSHIP OF ORANGE COUNTY ANNUAL SENIOR SUMMIT
EVENT AT ALISO VIEJO RANCH
Recommended Action:
Consider City sponsorship of the Orange County Annual Senior Summit event at Aliso Viejo Ranch held by Fifth District Supervisor Katrina Foley and Cal Optima.
Fiscal Impact:
City sponsorship would allow Fifth District Supervisor Katrina Foley and Cal Optima to host the Orange County Annual Senior Summit at Aliso Viejo Ranch at no cost. The City would provide the Full Barn, Greenrooms, Western Patio, Corral Patio, Catering Kitchen, and Storehouse for seven hours from 7:00 a.m. to 2:00 p.m. on Friday, October 4, for their use. The City would waive $3,385 in rental fees, which were calculated at the nonprofit resident rate.
Background:
The County of Orange and Cal Optima host this Senior Summit event annually. It includes speakers on health, fitness, caregiving, and technology. The City would also host a booth at the event. Admission is free, with guests shuttled to the event location by Cal Optima, and meals are provided to seniors. This event was previously held at Soka University.
The City has previously waived fees for a Town Hall Meeting in the Half Barn at Aliso Viejo Ranch for Assemblywoman Diane Dixon.
Discussion:
At the September 4, 2024 City Council Meeting, Councilmember Chun obtained consensus to direct staff to agendize sponsorship for this event. If approved by the Council, City staff will coordinate with Fifth District Supervisor Katrina Foley’s Office to schedule the event for Friday, October 4, at Aliso Viejo Ranch. If other organizations request a similar sponsorship for a similar event, City staff will evaluate the request and, if appropriate, present it to the City Council for consideration at a future meeting. 1570
City of Aliso Viejo
AGENDA ITEM
DATE: September 18, 2024
TO: Mayor and City Council
FROM: Mitzi Ortiz, Acting City Manager
SUBJECT: LETTER OF OPPOSITION – CALIFORNIA DEPARTMENT OF MOTOR
VEHICLES LAGUNA HILLS OFFICE CLOSURE
Recommended Action:
Consider directing staff to send a letter in opposition to the closure of the California Department of Motor Vehicles (DMV) Laguna Hills office.
Fiscal Impact:
None.
Background:
In August 2024, the DMV announced the closure of their Laguna Hills office at 5:00 p.m. on October 11, 2024. With the closure of the Laguna Hills office, the nearest DMV locations will be in San Clemente, Costa Mesa, and Santa Ana. The DMV also offers various services online, though some services must be completed in person.
Discussion:
At the September 4, 2024 City Council Meeting, Mayor Munzing obtained consensus to direct staff to agendize a letter of opposition to the closure of the DMV Laguna Hills office.
State legislators, including Assemblymember Diane Dixon and Senator Catherine Blakespear, sent the attached letter urging reconsideration of the closure to the Director of the DMV.
Attachment:
1. DMV Press Release
2. Letter from State Legislators
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Simple vehicle registration renewals that are not past the due date or require an address change.
Driver’s license renewals that do not require an in-person visit.
Requests for copies of vehicle registration records, which show a vehicle’s ownership history.
Requests for copies of driver’s license records, which show a driver’s history.
Replacing a lost or stolen driver’s license card.
Santa Ana: 1330 East 1 St. (13 miles).
Costa Mesa: 650 West 19 St. (15 miles).
San Clemente: 2727 Via Cascadita (18 miles).
Contact: Office of Public Affairs
2415 First Avenue
Sacramento, CA 95818
(916) 657–6437 | [email protected] [mailto:[email protected]]
FOR IMMEDIATE RELEASE
August 12, 2024
Sacramento – The California Department of Motor Vehicles is permanently closing the Laguna Hills office, located at 23535 Moulton Parkway, at 5 p.m. October 11.
The Laguna Hills office, which opened in 1987, does not meet the current needs of the DMV. The DMV previously identified a new location in Mission Viejo, but the City of Mission Viejo denied the conditional use permit and the DMV is no longer pursuing another site. Office staff will transfer to other nearby DMV offices once the Laguna Hills location closes.
Customers accustomed to completing DMV tasks at an office need not fret: The DMV has spent the last few years digitizing services, improving efficiencies and making more than 90% of transactions conveniently available on a phone, tablet, laptop or computer. Most DMV business can be completed online or by mail, at DMV kiosks located throughout the state, over the phone or through DMV business partners, making it easier than ever to skip the trip to an office.
As part of its customer-focused digital transformation, the DMV is processing the following transactions through alternative, out-of-office options only:
The DMV continues to improve its website at to make it easier for Californians to take care of business and has more than doubled the number of online services from 20 in 2019 to 50 today.
dmv.ca.gov [/portal/]
Customers can also use the on the website to learn their options to complete DMV tasks. To sign up for paperless vehicle registration and driver’s license renewal notices, customers must sign in or create a secure online account at and then opt in.
Service Advisor [/portal/?s=]
dmv.ca.gov [/portal/]
There are some transactions that require an in-office visit, like finalizing a REAL ID application. The DMV encourages customers to start their application online to limit the amount of time it takes to complete the process in an office. Customers in the Laguna Hills area can visit one of the following locations (mileage is calculated from the Laguna Hills office):
st
th
###
Sign up to receive the latest DMV News Alerts: DMV NEWS ALERTS – California DMV [/portal/dmv-news-alerts/]
DMV ANNOUNCES
PERMANENT CLOSURE OF
LAGUNA HILLS OFFICE
INNOVATIONS MAKE IT
EASIER TO SKIP OFFICE TRIP
Feedback
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August 26, 2024
Steve Gordon, Director
California Department of Motor Vehicles
2415 1st Ave., Mail Station F101
Sacramento, CA 95818-2606
Dear Director Gordon:
We, the undersigned members of the Orange County Legislative Delegation, are writing to strongly urge the Department of Motor Vehicles (DMV), in coordination with the Department of General Services (DGS) to reconsider the closure of the Laguna Hills Office.
We request a meeting the week of September 3, 2024 to discuss the urgent feasibility of renegotiating the lease in Laguna Hills or identifying other locations to accommodate the residents of South Orange County. Additionally, we wish to hear what communication and outreach initiatives the DMV will take to ensure the residents of southern Orange County know their options.
The Laguna Hills Office is a vital state resource for South Orange County residents, particularly older adults, and its closure will cause significant challenges for this population and others that would be required to travel much farther to access in-person DMV services. In contrast, North and Central Orange County are served by DMV field offices in Costa Mesa, Fullerton, Santa Ana, Stanton and Westminster.
Here are important facts to consider about the impact of the Laguna Hills Office closure:
The decision to close the Laguna Hills Office will leave only one DMV field office in all of South Orange County and will require all 855,000 South Orange County residents to shift to the much smaller 8,400 square-foot field office in San Clemente - 18 miles away with very limited parking.
The Laguna Hills Office is located immediately adjacent to the City of Laguna Woods, a city where 81 percent of the population is age 65 and over – according to Orange County Office of Aging.
Other South Orange County cities also have high percentages of older adults: Laguna Beach (22 percent), Newport Beach (21 percent), Dana Point (21 percent), Mission Viejo (18 percent) and San Juan Capistrano (17 percent).
Orange County is home to nearly 3.2 million residents and home to 457,031 (14.3 percent) older adults, age 65 years and older. By the year 2045, the number of older adults is projected to increase to 17.3 percent.
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At age 70, all drivers are required to visit the DMV for a mandatory vision test. While the prospect of a pilot program to make this service available virtually through recent legislation AB 1606 is exciting, it is not yet available. As of March 2025, Real ID will be required for entering federal courts or flying on domestic airline flights. These Real IDs can only be obtained through in person visits to the DMV and are not available online.
There are no guarantees that the other DMV field offices in Orange County, including the office in Santa Ana, Costa Mesa and San Clemente, will add capacity and appointments to serve the increased demand for DMV services.
In conversations with Value Rock Realty, the commercial property owner of Moulton Plaza where the Laguna Hills Office is located, they have indicated a strong desire to renew the lease with DMV.
While we support all the new initiatives to streamline online services, it is critically important we remember the DMV is an ESSENTIAL SERVICE, and one that our seniors and other populations need to access in person. For continuity of services and to minimize impacts on the residents, we request the DMV to maintain the Laguna Hills office until a new location nearby is available and, at minimum, conduct a robust outreach and informational initiative to affected residents to ensure online services are clearly understood.
We urge you to prioritize the constituents of southern Orange County and either renegotiate the existing lease or consider alternative sites to offer essential services while concurrently informing residents of the DMV’s services.
Respectfully,
Diane B. Dixon Cottie Petrie-Norris
State Assemblymember (AD-72) State Assemblymember (AD-73) Laurie Davies Catherine Blakespear
State Assemblymember (AD-74) State Senator (SD-38)
Kate Sanchez Janet Nguyen
State Assemblymember (AD-71) State Senator (SD-36 )
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Sharon Quirk-Silva Josh Newman
State Assemblymember (AD-67) State Senator (SD-29 )
Phillip Chen Tom Umberg
State Assemblymember (AD-59) State Senator (SD-34)
Tri Ta
State Assemblymember (AD-70)
CC:
Ana M Lasso, Director, California Department of General Services Kerry Zadel, Senior Real Estate Officer, Departmnet of General Services 1575