1 AGENDA
ALISO VIEJO CITY COUNCIL
WEDNESDAY, MARCH 19, 2025
6:00 PM CLOSED SESSION
7:00 PM REGULAR MEETING
CITY HALL
COUNCIL CHAMBERS
12 JOURNEY
ALISO VIEJO, CA
Mayor Tiffany Ackley
Mayor Pro Tem Max Duncan
Councilmember Richard Hurt
Councilmember Mike Munzing
Councilmember Tim Zandbergen
WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chamber s. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.
It is the City's intention to comply with the Americans with Disabilities Act (ADA) . If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk's Office at (949) 425-2505 at least 48 hours prior to the meeting.
Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk's office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.
This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.
MITZI ORTIZ SCOTT C. SMITH JANET MARTINEZ
CITY MANAGER CITY ATTORNEY CITY CLERK
1 2
PLEASE SILENCE ALL CELL PHONES AND OTHER
ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION
CALL TO ORDER: Convene Special Meeting
PUBLIC COMMENTS:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of potential cases: 1
LIABILITY CLAIMS
Pursuant to Government Code section 54956.95
Claimant: City of Sacramento
Agency claimed against: City of Aliso Viejo
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager and City Attorney Unrepresented Employees: All Employees
CALL TO ORDER: Convene Regular Meeting
ROLL CALL
PLEDGE OF ALLEGIANCE:
REPORT FROM CLOSED SESSION:
1. SPECIAL PRESENTATIONS:
1.1 BUSINESS OF THE MONTH - ALISO VIEJO ANIMAL HOSPITAL
1.2 RECOGNITION OF SERGEANT RYAN DIERCKMAN
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
2 3
3. COMMUNITY INPUT:
Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Address City Council" form available at the entrance to the City Council Chambers. In compliance with the Brown Act, no discussio n or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed. Comments are limited to three (3) minutes per speaker.
4. CONSENT CALENDAR:
All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar wi ll be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.
4.1 WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2 APPROVAL OF MINUTES
Recommended Action: Approve the minutes as submitted for the March 5, 2025, Special Meeting and the March 5, 2025 Regular Meeting.
Draft Minutes - March 5, 2025 Special Meeting
Draft Minutes - March 5, 2025 Regular Meeting
4.3 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between February 14, 2025, and February 27, 2025, in the amount of $250,993.50
Staff Report
Attachment 1 - Accounts Payable Report
4.4 GENERAL PLAN ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2024 Recommended Action:
1. Find that the action is not a project as defined by the California Environmental Quality Act pursuant to State CEQA Guidelines section 15378(b)(5);
2. Receive and file the 2024 General Plan Annual Progress Report (APR); and
3. Direct staff to submit the APR to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).
Staff Report
Attachment 1 - 2024 General Plan Annual Progress Report Attachment 2 - Appendix A - 2024 Housing Element Progress Report
3 4
4.5 AGREEMENT WITH HF&H CONSULTANTS FOR SOLID WASTE HAULER
COMPLIANCE AUDIT SERVICES
Recommended Action:
1. Award an agreement to HF&H Consultants for Solid Waste Hauler Compliance Audit Services;
2. Authorize the City Manager to execute a professional services agreement with HF&H Consultants; and
3. Authorize City staff to make total compensation to HF&H Consultants up to $62,444 plus $6,244 (10% of the agreement amount) to allow for contingencies, totaling $68,688.
Staff Report
Attachment 1 - Agreement
5. PUBLIC HEARINGS:
None.
6. DISCUSSION:
None.
7. CITY MANAGER' S REPORT:
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
9. ADJOURNMENT:
The next regularly scheduled City Council meeting is April 2, 2025.
4
Special Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
SPECIAL MEETING
March 5, 2025, 6:00 PM
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Ackley called the Special Meeting of the City Council of the City of Aliso Viejo to order at 6:03 p.m.
ROLL CALL
PRESENT: MAYOR TIFFANY ACKLEY
MAYOR PRO TEM MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
COUNCILMEMBER MIKE MUNZING
COUNCILMEMBER TIM A. ZANDBERGEN
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, CITY MANAGER
HONGDAO NGUYEN, ASSISTANT CITY ATTORNEY
RYAN STAGER, DEPUTY CITY ATTORNEY
JANET MARTINEZ, CITY CLERK
SO KIM, COMMUNITY DEVELOPMENT DIRECTOR
ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
STUDY SESSION:
DENSITY BONUS STUDY SESSION
City Manager Mitzi Ortiz introduced Community Development Director So Kim, who provided an overview. Assistant City Attorney HongDao Nguyen and Deputy City Attorney Ryan Stager provided additional information. Staff responded to questions regarding Area Median Income (AMI), density within the Housing Element, number of units of certain developments, Regional Housing Needs Allocation (RHNA), affordable housing allocations within religious property sites, incentives and waivers for specific projects, and rezoning commercial zones to residential.
ADJOURNMENT: Mayor Ackley adjourned the meeting at 6:50 p.m. to the March 5, 2025 Regular City Council Meeting.
5
Special Meeting Minutes
Respectfully submitted: Approved by:
________________________ ________________________
JANET MARTINEZ TIFFANY ACKLEY
CITY CLERK MAYOR
6
Regular Meeting Minutes
CITY OF ALISO VIEJO
CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 5 2025, 7:00 PM
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Ackley called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:00 p.m.
ROLL CALL
PRESENT: MAYOR TIFFANY ACKLEY
MAYOR PRO TEM MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
COUNCILMEMBER MIKE MUNZING
COUNCILMEMBER TIM A. ZANDBERGEN
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, CITY MANAGER
HONGDAO NGUYEN, ASSISTANT CITY ATTORNEY
JANET MARTINEZ, CITY CLERK
ANN EIFERT, FINANCIAL SERVICES DIRECTOR
SHAUN PELLETIER, PUBLIC WORKS DIRECTOR
SO KIM, COMMUNITY DEVELOPMENT DIRECTOR
LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER
ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. RYAN BUHR, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: IT Manager Isaac Aziz led the pledge of allegiance.
1. SPECIAL PRESENTATIONS:
1.1 PROCLAMATION - RED CROSS MONTH
Mayor Pro Tem Duncan presented the proclamation to American Red Cross of Orange County Executive Director Becky Firey. She expressed her appreciation and commented on the importance of the designation.
2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:
None.
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Regular Meeting Minutes
3. COMMUNITY INPUT:
1. Morgan Goldstein provided an update on behalf of Orange County Supervisor Katrina Foley.
4. CONSENT CALENDAR:
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Motion: Councilmember Munzing moved and Councilmember Hurt seconded to approve the recommended actions. Motion carried 5-0.
4.1 WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.
4.2 APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the January 15, 2025, Regular Meeting.
4.3 SECOND READING AND ADOPTION OF ORDINANCE AMENDING CHAPTER 10.06
OF THE MUNICIPAL CODE REGARDING ELECTRIC BICYCLES
Recommended Action: Conduct second reading and adopt Ordinance No. 2025-244 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA AMENDING CHAPTER 10.06 OF THE ALISO VIEJO MUNICIPAL CODE
AMENDING ELECTRIC BICYCLE REGULATIONS AND FINDING THE ACTION
DOES NOT QUALIFY AS A PROJECT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
4.4 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between January 31, 2025, and February 13, 2025, in the amount of $1,322,629.66.
4.5 TREASURER’S STATEMENT – JANUARY 2025
Recommended Action: Receive and file the January 2025 Treasurer’s Statement. 8
Regular Meeting Minutes
5. PUBLIC HEARINGS:
5.1 CONCEPT PLAN REVIEW FOR A SELF-STORAGE FACILITY AT 15 ARGONAUT City Manager Mitzi Ortiz introduced Community Development Director So Kim, who provided an overview. Staff and Applicant Bryan Miranda responded to questions regarding size of proposed buildings, appearance and dimensions of storage units, business practices, operating hours, potential traffic flow, safety concerns, and appearance of exterior of building. Mayor Ackley opened the public hearing and the following persons provided comment:
1. Nila Trider expressed concerns about the project.
2. Rose Hosseini expressed concerns about the project.
There were no other comments. Mayor Ackley closed the public hearing.
Councilmembers commented on the matter.
Recommended Action: Conduct a public hearing to review and provide initial feedback on concept plans for a development proposal involving the demolition of an existing office building to accommodate the construction of a self-storage facility at 15 Argonaut.
No further action was taken.
6. DISCUSSION:
None.
7. CITY MANAGER' S REPORT:
City Manager Mitzi Ortiz announced registration for summer camps, spring recreation classes, and spring break camps; the American Red Cross Blood Drive to be held on April 9, 2025, from 12:00 p.m. to 6:00 p.m. at Aliso Viejo Ranch; and the Aliso Viejo Certified Farmers Market on Saturdays from 10:00 a.m. to 2:00 p.m. at Aliso Viejo Town Center.
8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:
Councilmember Munzing:
Attended the City’s Strategic Planning Workshop
Attended Artisans Market
Attended OCFA Board Meeting
Councilmember Zandbergen
Attended the City’s Strategic Planning Workshop
Attended Artisans Market
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Regular Meeting Minutes
Councilmember Hurt:
Attended SJHTCA Board Meeting; and was voted Chair of Toll Operations Attended OC Mosquito and Vector Control District Meeting Mayor Pro Tem Duncan:
Visited Aliso Viejo Aquatic Center to view pool deck rehabilitation sample area Attended Aliso Niguel High School Girls Soccer Banquet Met with Cub Scouts at City Hall
Mayor Ackley
Attended Aliso Viejo Little League Opening Day
Commented on AVCA fields and recent changes to their Board
9. ADJOURNMENT: Mayor Ackley adjourned the meeting at 7:55 p.m. to the regularly scheduled City Council meeting of March 19, 2025
Respectfully submitted: Approved by:
________________________ ________________________
JANET MARTINEZ TIFFANY ACKLEY
CITY CLERK MAYOR
10 City of Aliso Viejo
AGENDA ITEM
DATE: March 19, 2025
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: ACCOUNTS PAYABLE
Recommended Action:
Ratify accounts payable checks and electronic funds transfers issued between February 14, 2025, and February 27, 2025, in the amount of $250,993.50.
Fiscal Impact:
Expenditures in the amount of $250,993.50.
Background:
The City issues accounts payable checks on a bi-weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.
Discussion:
The attached registers containing checks and electronic funds transfers issued between February 14, 2025, and February 27, 2025, for $250,993.50, are being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed in accordance with the fiscal year budget by the Director of Financial Services.
Attachment:
1. Accounts Payable Report
11 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
MAR'25 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,573.54 MAR'25 DENTAL - TZCHOICE BUILDER 96.90
FEB'25 DENTAL - TZCHOICE BUILDER 96.60
MAR'25 VISION - DDCHOICE BUILDER 24.19
MAR'25 DENTAL - DDCHOICE BUILDER 145.88
MAR'25 DENTAL INSURANCECHOICE BUILDER 1,830.38
MAR'25 DENTAL - RHCHOICE BUILDER 96.90
MAR'25 VISION - RHCHOICE BUILDER 15.03
MAR'25 VISION INSURANCECHOICE BUILDER 283.36
MAR'25 TZ - HEALTH PREMIUMCALPERS HEALTH 1,571.50
MAR'25 TZ - HEALTH PREMIUM PEMCA MINIMUMCALPERS HEALTH 158.00 MAR'25 CALPERS HEALTH PREMIUMCALPERS HEALTH 28,476.75
JAN'25 CAA PUBLIC WORKS CONSULTING SVCS - GRADINGCHARLES ABBOTT ASSOC INC 1,296.00 BLDC-2024-00082_27141 ALISO CREEK RD_ESPLANADE BLDESPLANADE BUILDERS 1,646.98 BLDR-2024-00200_16 SPOONBILL DR_ADVANCED PERMITADVANCED PERMIT SERVICES 337.80 BLDR-2024-00224_58 EGRET LN_MAX RPM CONSTRUCTIONMAX RPM CONSTRUCTION 477.01 ELER-2024-00185_58 EGRET LN_MAX RPM CONSTRUCTIONMAX RPM CONSTRUCTION 74.78 PLMR-2024-00329_58 EGRET LN_MAX RPM CONSTRUCTIONMAX RPM CONSTRUCTION 43.03 BLDR-2024-00241_7 CLOVER LN_H J MIMANDIHOSSEIN JAFARI MIMANDI 273.97 PLMR-2024-00282_7 CLOVER LN_H J MIMANDIHOSSEIN JAFARI MIMANDI 43.03 MECR-2024-00127_7 CLOVER LN_H J MIMANDIHOSSEIN JAFARI MIMANDI 43.03 PV-2023-00259_59 DEERBORN DR_SUNRUN CANCELLEDSUNRUN INSTALLATION SERVICES 153.50 SAPP-2024-00026_5 WOODSWALLOW LN_SUNRUN CANCELLEDSUNRUN INSTALLATION SERVICES 153.50 SAPP-2024-00019_24852 VIA SAN RAFAEL_SUNRUN CANCELSUNRUN INSTALLATION SERVICES 153.50 SAPP-2024-00019_24852 VIA SAN RAFAEL_SUNRUN CANCELSUNRUN INSTALLATION SERVICES 43.03 SAPP-2024-00026_5 WOODSWALLOW LN_SUNRUN CANCELLEDSUNRUN INSTALLATION SERVICES 43.03 PV-2023-00259_59 DEERBORN DR_SUNRUN CANCELLEDSUNRUN INSTALLATION SERVICES 124.98 R00004264_CVS MINI CLINIC/CUP_LYONS WARREN & ASSOCLYONS, WARREN & ASSOCIATES, INC 3,144.57 R00009396_CITY LIGHTS CLUB HOUSE_SHEA PROPERTIESSHEA PROPERTIES MANAGEMENT CO INC 4,578.80 46,999.57
CITY COUNCIL
FEB'25 DENTAL - TZCHOICE BUILDER 0.30
CITY COUNCIL TOTAL: 0.30
CITY MANAGER
MO 2/5-2/7/25 CAL CITIES CM CONF REIMBMITZI ORTIZ 776.24 MAR'25 PG - HEALTH PREMIUMCALPERS HEALTH 158.00
CITY MANAGER TOTAL: 934.24
HUMAN RESOURCES
FEB'25-ME SECURE LIVE SCAN FEESCHARLES C STILL 67.00
DEC'24-JAN'25 TB TESTS & EMPLOYEE EXAMSOC FAMILY MEDICINE 410.00 HUMAN RESOURCES TOTAL: 477.00
CITY ATTORNEY
JAN'25 BBK LITIGATION - CCBEST BEST & KRIEGER 330.00
JAN'25 BBK GENERAL RETAINER LEGAL SERVICESBEST BEST & KRIEGER 24,150.00 JAN'25 BBK LABOR & EMPLOYMENT (SPECIALIZED)BEST BEST & KRIEGER 422.50 JAN'25 BBK LABOR/BENEFITSBEST BEST & KRIEGER 292.50
JAN'25 NPDES NEW PERMIT (NON-RETAINER)BEST BEST & KRIEGER 1,213.80 JAN'25 BBK GENERAL LITIGATIONBEST BEST & KRIEGER 357.50 CITY ATTORNEY TOTAL: 26,766.30
FINANCE
MAR'25 ADMIN FEECHOICE BUILDER 35.00
MAR'25 CALPERS ADMIN FEECALPERS HEALTH 78.64
DEC'24 PARS REP FEESPARS (PHASE II SYSTEMS AND CALIFORNIA CORPORATION) 300.00 FINANCE TOTAL: 413.64
12 Description (Item)Vendor Name Amount
NON-DEPARTMENTAL
GRAPHIC DESIGN-2024 AV LETTERHEAD/CC SLIDE UPDATEMICHAEL R JUE 112.50 MAR'25 C5300S COPY ROOM LEASE (2624) - PRINCIPALRICOH USA 620.70 MAR'25 C5300S COPY ROOM LEASE (2624) - INTERESTRICOH USA 73.50 1/13/25-2/10/25 METER#1675 89 PLAYA CIR WATER SVCMOULTON NIGUEL WATER DIST 56.79 NON-DEPARTMENTAL TOTAL: 863.49
C. S. ADMINISTRATION
MAR'25 HW - HEALTH PREMIUMCALPERS HEALTH 158.00
MAR'25 DP - HEALTH PREMIUMCALPERS HEALTH 158.00
CPRS TRAININGCA PARK & RECREATION SOCIETY DISTRICT X 70.00 C. S. ADMINISTRATION TOTAL: 386.00
IGLESIA BUILDING
DEC'24 IGLESIA JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 950.00 FEB'25 IGLESIA JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 950.00 2/17/25-5/16/25 IGLESIA ALARM MONITORINGIRIS GROUP HOLDINGS LLC 163.50 IGLESIA BUILDING TOTAL: 2,063.50
IGLESIA PARK COMMUNITY CENTER
DEC'24 ELEMENTARY & TEEN KEYSTONE PROGRAMBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 12,000.00 JAN'25 ELEMENTARY & TEEN KEYSTONE PROGRAMBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 12,000.00 IGLESIA PARK COMMUNITY CENTER TOTAL: 24,000.00
PLANNING
ENERGOV IMPLEMENTATIONTYLER TECHNOLOGIES-INCODE DIVISION 10,759.38 MAR'25 MF - HEALTH PREMIUMCALPERS HEALTH 158.00
PLANNING TOTAL: 10,917.38
BUILDING
JAN'25 CAA CONTRACT SERVICES - BUILDING SERVICESCHARLES ABBOTT ASSOC INC 32,477.14 JAN'25 PLNG OFFICE SUPPLIESSTAPLES ADVANTAGE 153.16
BUILDING TOTAL: 32,630.30
CODE ENFORCEMENT
JAN'25 CAA CONTRACT SERVICES - CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 7,140.00 CODE ENFORCEMENT TOTAL: 7,140.00
ENGINEERING (GENERAL)
JAN'25 LANDSCAPE INSPECTION SERVICESRICHARD FISHER ASSOCIATES 3,665.42 ENGINEERING (GENERAL) TOTAL: 3,665.42
LAW ENFORCEMENT-OTHER
JAN'25 POLICE SERVICES OFFICE SUPPLIESSTAPLES ADVANTAGE 134.64 LAW ENFORCEMENT-OTHER TOTAL: 134.64
GENERAL FUND TOTAL: 157,391.78
102 - GEN. FD-CITY HALL
NON-DEPARTMENTAL
FEB'25 REBUILD 2 TOILETS 2ND FLOOR CHUNITED BUILDING AND DEVELOPMENT SERVICES LLC 1,603.00 FEB'25 CH JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,700.00 FEB'25 CH INTERIOR PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00 MAR'25 CH ASO ASSOCIATION DUESPACIFIC PARK II ASSOCIATION 502.00 NON-DEPARTMENTAL TOTAL: 4,920.00
GEN. FD-CITY HALL TOTAL: 4,920.00
103 - GF-AV RECREATION SERVICES
RECREATION SERVICES
WINTER2025-RWS170 RESIN WORKSHOP - 8 PARTICIPANTSLAURELINDA HAUKSSON 552.00 WINTER2025-RWS161 YOGA - 1 PARTICIPANTJOY E. TORRES 48.00 WINTER2025-RWS128/125/064 TENNIS - 20 PARTICIPANTSJOHN DAVID ALLEN JR 684.00 WINTER2025-RWS107 BASKETBALL - 11 PARTICIPANTSBREAKTHROUGH SPORTS LLC 528.00 WINTER2025-RWS078 COOKING - 6 PARTICIPANTSLAURELINDA HAUKSSON 450.00 WINTER2025-RWS157 TAI CHI - 13 PARTICIPANTSRONALD S. COHAN 234.00 WINTER2025-RWS181 PICKLEBALL - 3 PARTICIPANTSL & O ALISO VIEJO, LLC 94.50 WINTER2025-RWS205 PICKELBALL/RW208 R&R - 2 PARTICL & O ALISO VIEJO, LLC 63.00 WINTER2025-RWS301 WATERCOLOR - 4 PARTICIPANTSERNA VAN DYK 84.00 WINTER2025-RWS083 VALENTINE CRAFT - 5 PARTICIPANTSLAURELINDA HAUKSSON 270.00 WINTER2025-RWS252 CHAI TEA - 5 PARTICIPANTSSUJATA CHIPLUNKAR 135.00 13 Description (Item)Vendor Name Amount
2/12 AVR BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 64.94 FEB'25 AVR INTERIOR PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 FY 24/25 FARM OPERATING EXPENDITURESAARON FLORA 9,774.35 RECREATION SERVICES TOTAL: 13,091.79
GF-AV RECREATION SERVICES TOTAL: 13,091.79
203 - GAS TAX
STREET MAINTENANCE
DEC'24 JOURNEY STRIPING MODIFICATIONLUKKES STRIPING INC 29,045.00 JAN'25 TRAFFIC SIGNAL MAINT ROUTINE & CMU TESTBEAR ELECTRICAL SOLUTIONS INC 7,595.82 JAN'25 TRAFFIC SIGNAL MAINTENANCE RESPONSEBEAR ELECTRICAL SOLUTIONS INC 11,242.06 FEB'25 STREET SWEEPING SERVICESSCA OF CA LLC 8,972.06
STREET MAINTENANCE TOTAL: 56,854.94
GAS TAX TOTAL: 56,854.94
261 - CITY FAC.-AQUATIC CENTER
GEN-AQUATIC CENTER
JAN'25 AQC POOL CHEMICALS - ACIDHASA INC 92.32
1/15/25 AQC CASH COURIER SERVICE -EXCESS PREM TIMEGARDAWORLD 8.33 FEB'25 AQC JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,100.00 GEN-AQUATIC CENTER TOTAL: 2,200.65
CITY FAC.-AQUATIC CENTER TOTAL: 2,200.65
311 - STREET IMPROVEMENTS
STREETS & HIGHWAYS
JAN'25 ALISO CREEK REHAB INSPECTIONCIVIL SOURCE, AN NV5 COMPANY 1,918.80 STREETS & HIGHWAYS TOTAL: 1,918.80
STREET IMPROVEMENTS TOTAL: 1,918.80
331 - CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
INSTALL NEW FIRE ALARM MONITOR PANEL - AVRSONITROL ORANGE COUNTY LLC 11,510.00 CAPITAL IMPROVEMENTS TOTAL: 11,510.00
CAPITAL IMPROVEMENTS TOTAL: 11,510.00
411 - DEBT SERVICE
DEBT SERVICE
ANNUAL COP CDIAC REPORTKOPPEL & GRUBER PUBLIC FIN. 1,535.54 DEBT SERVICE TOTAL: 1,535.54
DEBT SERVICE TOTAL: 1,535.54
731 - CFD 2005-01
TRUST FUND
CFD-DISBURSEMENT FEETHE BANK OF NEW YORK 70.00
CFD-GLENWOOD FISCAL AGENT FEE 12/5/24-12/5/25THE BANK OF NEW YORK 1,500.00 TRUST FUND TOTAL: 1,570.00
CFD 2005-01 TOTAL: 1,570.00
GRAND TOTAL: 250,993.50
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 157,391.78157,391.78
102 - GEN. FD-CITY HALL 4,920.004,920.00
103 - GF-AV RECREATION SERVICES 13,091.7913,091.79
203 - GAS TAX 56,854.9456,854.94
261 - CITY FAC.-AQUATIC CENTER 2,200.652,200.65
311 - STREET IMPROVEMENTS 1,918.801,918.80
331 - CAPITAL IMPROVEMENTS 11,510.0011,510.00
14 Fund Summary
Payment AmountFund Expense Amount
411 - DEBT SERVICE 1,535.541,535.54
731 - CFD 2005-01 1,570.001,570.00
250,993.50Grand Total: 250,993.50
15 Accounts Payable Payable Dates: 02/14/2025 - 02/27/2025 2/25/2025 4:06:07 PM Page 5 of 6
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 157,391.78
102 - GEN. FD-CITY HALL 4,920.00
103 - GF-AV RECREATION SERVICES 13,091.79
203 - GAS TAX 56,854.94
261 - CITY FAC.-AQUATIC CENTER 2,200.65
311 - STREET IMPROVEMENTS 1,918.80
331 - CAPITAL IMPROVEMENTS 11,510.00
411 - DEBT SERVICE 1,535.54
731 - CFD 2005-01 1,570.00
250,993.50Grand Total:
Account Summary
Payment AmountAccount Number Account Name
101-1203-000 ACCOUNTS RECEIVABLE 1,935.07
101-2505-000 DENTAL INSURANCE PA… 1,927.28
101-2506-000 MEDICAL INSURANCE P… 28,634.75
101-2507-000 LIFE INSURANCE PAYABLE 1,573.54
101-2508-000 VISION INSURANCE PAY… 298.39
101-2602-000 PLANNING DEPOSIT 9,019.37
101-32010 BUILDING PERMITS 3,196.26
101-32020 ELECTRICAL PERMITS 285.82
101-32030 PLUMBING PERMITS 86.06
101-32040 MECHANICAL PERMITS 43.03
101-4-1101-4207-000 DENTAL INSURANCE 0.30
101-4-1501-4206-000 MEDICAL INSURANCE 158.00
101-4-1501-4520-000 MTGS/CONF./TRNG & D… 776.24
101-4-1503-4309-000 OTHER CONTRACTUAL S… 477.00
101-4-2101-4304-000 LEGAL SERVICES 24,150.00
101-4-2101-4532-000 SPECIAL PROJECTS 715.00
101-4-2101-4701-000 NPDES 1,213.80
101-4-2101-4735-000 LITIGATION 687.50
101-4-2501-4309-000 OTHER CONTRACTUAL S… 413.64
101-4-3501-4301-000 PROFESSIONAL SERVICES 112.50
101-4-3501-4422-000 EQUIP RENTAL LEASE - P… 620.70
101-4-3501-4431-000 BUILDING & GROUND M… 56.79
101-4-3501-4542-000 INTEREST EXPENSE - LEA… 73.50
101-4-4101-4206-000 MEDICAL INSURANCE 316.00
101-4-4101-4520-000 MTGS/CONF./TRNG & D… 70.00
101-4-4103-4309-000 OTHER CONTRACTUAL S… 163.50
101-4-4103-4431-000 BUILDING & GROUND M… 1,900.00
101-4-4104-4529-000 REC-YOUTH PROGRAMS 24,000.00
101-4-4401-4206-000 MEDICAL INSURANCE 158.00
101-4-4401-4305-000 PLANNING TECHNOLOGY… 10,759.38
101-4-4402-4601-000 SUPPLIES 153.16
101-4-4402-4751-000 C.S-BUILDING 32,477.14
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 7,140.00
101-4-4501-4741-000 C.S-CITY ENGINEERING 3,665.42
101-4-5102-4612-000 OPERATING SUPPLIES 134.64
102-4-3501-4431-000 BUILDING & GROUND M… 4,920.00
103-4-4105-4309-000 OTHER CONTRACTUAL S… 3,142.50
103-4-4105-4431-000 BUILDING & GROUND M… 110.00
103-4-4105-4451-000 FARM OPERATING EXPE… 9,774.35
103-4-4105-4601-000 SUPPLIES 64.94
203-4-4503-4771-000 C.S-STREET MAINTENAN… 47,882.88
203-4-4503-4772-000 C.S-STREET SWEEPING 8,972.06
261-4-6161-7421-000 BUILDING & GROUND M… 2,100.00
261-4-6161-7425-000 POOL MAINTENANCE 92.32
16 Accounts Payable Payable Dates: 02/14/2025 - 02/27/2025 2/25/2025 4:06:07 PM Page 6 of 6
Account Summary
Payment AmountAccount Number Account Name
261-4-6161-7445-000 FEES & PERMITS 8.33
311-4-8301-5601-000 CONSTRUCTION MANA… 1,918.80
331-4-8701-5910-000 IMPROVEMENTS 11,510.00
411-4-7101-4542-000 INTEREST & FISCAL CHGS 1,535.54
731-4-7501-4542-000 INTEREST & FISCAL CHGS 1,570.00
Grand Total: 250,993.50
Project Account Summary
Payment AmountProject Account Key
**None** 225,402.83
0495910 11,510.00
1002WINTER 3,142.50
1345601 1,918.80
PA 20-007 3,144.57
PA 22-006 4,578.80
SDP-2024-00002 1,296.00
Grand Total: 250,993.50
17 City of Aliso Viejo
AGENDA ITEM
DATE: March 19, 2025
TO: Mayor and City Council
FROM: Michael Delgadillo, Assistant Planner
So Kim, Community Development Director
SUBJECT: GENERAL PLAN ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2024
Recommended Actions:
1. Find that the action is not a project as defined by the California Environmental Quality Act pursuant to State CEQA Guidelines section 15378(b)(5);
2. Receive and file the 2024 General Plan Annual Progress Report (APR); and
3. Direct staff to submit the APR to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).
Fiscal Impact:
None.
Background:
Government Code Section 65400(a)(2) requires that all cities and counties submit to their legislative bodies an annual report on the status of the General Plan and progress with implementation. Specifically, the annual report must include the following: (1) the status of the plan and progress in its implementation; (2) the progress in meeting regional housing needs and removing governmental constraints to housing for all income levels; and (3) the degree to which the General Plan complies with State Office of Planning and Research guidelines.
As part of the annual report, every jurisdiction must include information on the status of the housing element with detailed information about the prior year’s housing progress, as well as updates on program implementation. The information provided in this report is for Calendar Year 2024 and is based on the 2021-2029 Housing Element. The City Council adopted the 6th Cycle Housing Element on June 7, 2023, which was deemed compliant and certified by the Department of Housing and Community Development. 18 Discussion:
The General Plan Annual Progress Report has been prepared pursuant to the requirements of Government Code Section 65400. Guidance for preparation of the report is provided by the Governor’s Office of Planning and Research (OPR). In compliance with California Government Code section 65400(a)(2), this item is provided as a status report of the General Plan and progress in its implementation and compliance for 2024. The report will be submitted to OPR and the Department of Housing and Community Development (HCD) prior to the April 1 st deadline. The complete report is included as Attachment 1 and a summary of amendments to the General Plan and Zoning Code, and significant development projects in calendar year 2024 are provided below.
General Plan: The General Plan includes the following seven state mandated elements:
Circulation, Conservation/Open Space, Housing, Land Use, Noise, and Safety. Other than the Housing Element update, there were no amendments to the General Plan.
Additionally, there were no land use changes processed in 2024. Staff have and will continue to implement the goals, policies, and programs of the General Plan.
Specific Plans: There were no amendments to the following four Specific Plans:
Glenwood, The Commons, Vantis, and Vertana Ridge. Staff have and will continue to implement the goals, policies, and programs of these Specific Plans.
Zoning Code Updates: There were three amendments to the Zoning Code and three amendments to the Zoning Map.
1. On March 6, 2024, the City Council adopted Ordinance 2024-237, which amended the City’s zoning code to comply with changes in state law related to low barrier navigation centers, group quarters, and employee housing.
2. On April 17, 2024, the City Council adopted Ordinance 2024-238, which amended the Zoning Map to add a mixed-use/residential overlay district at 1 Columbia, a portion of the Aliso Viejo Town Center, 26800-26880 Aliso Viejo Parkway, 35 Journey, 2A Liberty, and 27231 Aliso Viejo Parkway for compliance with the Housing Element.
3. On April 17, 2024, the City Council adopted Ordinance 2024-239, which amended the City’s zoning code to allow up to 90 dwelling units per acre in the mixed- use/residential overlay district.
4. On June 5, 2024, the City Council adopted Ordinance 2024-240, which added a mixed-use/residential overlay district at 1 Polaris to allow residential uses in addition to the existing office use.
5. On September 4, 2024, the City Council adopted Ordinance 2024-242, which added a mixed-use/residential overlay district at 4 and 5 Polaris to allow residential uses in addition to the existing office use.
19 6. On September 18, 2024, the City Council adopted Ordinance 2024-243, which amended the City’s ADU regulations in compliance with State law.
Annual Planning Report: The following is a summary of the major items identified in the General Plan Annual Planning Report, Appendix A: 2024 Housing Element Annual Progress Report.
One new construction of a single-family residence.
Two planning approvals of accessory dwelling units.
Three residential development applications under planning review, which include a total of 44 affordable units.
Environmental:
The proposed action is not a project as defined by the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15378(b)(5). This section specifies that organizational or administrative activities of governments that do not result in direct or indirect physical changes in the environment are not considered "projects" under CEQA. As such, the proposed action falls within this exemption category, as it involves the preparation of a progress report to the State agency that will not lead to any physical environmental impacts.
Public Notice:
Government Code Section 65400 requires the annual report to be considered at an annual public meeting (as opposed to public hearing) before the legislative body, and members of the public must be allowed to provide oral testimony and written comments.
The meeting is public, and the item can be pulled from the consent calendar, if the Council or members of the public would like to address it.
Attachments:
1. 2024 General Plan Annual Progress Report
2. Appendix A – 2024 Housing Element Annual Progress Report 20 1
/
appe
2024
THE CITY OF ALISO VIEJO
PLANGENERAL
ANNUAL PROGRESS REPORT
March 19, 2025
21 1
Table of Contents
Introduction ...…………………………………………………………………………………2
Background ..………………………………………….………………………………………2
Informational Document ...………………………....………………………………………..2 Status of Measures Associated with the Implementation of the General Plan………...2 General Plan and Zoning Code Amendments and Major Developments.....………….33 General Plan Statement of Compliance …….........………………………………………34 Housing Element Annual Planning Report ….……………………………………………34 Appendix A ...………………………………….………………………………….………….35
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Introduction
This report has been prepared pursuant to the requirements of Government Code Section 65400.
Guidance for preparation of the report is provided by the Governor’s Office of Planning and Research (OPR) 1. In compliance with California Government Code section 65400(a)(2), this Council item is provided as a status report of the General Plan and progress in its implementation and compliance for 2024 and is being presented to the City Council on March 19, 2025 during a public hearing for their review. The report will be submitted to OPR and the Department of Housing and Community Development (HCD) prior to April 1, 2025.
Background
California Government Code section 65400(a)(2) requires the City’s Planning Services Department, by April 1 of each year, to prepare a General Plan Annual Progress Report (GP APR) for the previous calendar year and to present the report to the City Council, OPR, and HCD. The GP APR includes three components discussed below:
1. The status of the General Plan’s implementation and progress;
2. The degree to which the General Plan complies with state law and guidelines; and
3. The Housing Element Annual Progress Report on forms prescribed by HCD.
Informational Document
This document is a reporting document, and does not create or alter policy. The content is provided for informational purposes only, and is considered not a project as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5).
Status of Measures Associated with the Implementation of the General Plan On April 21, 2004, the City Council adopted the City’s first General Plan, a General Plan Implementation Program and a Final Environmental Impact Report, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program in connection with the General Plan. Government Code Section 65400(a)(2) requires that all cities and counties submit to their legislative bodies an annual report on the status of the General Plan and progress with implementation. Aliso Viejo’s General Plan is comprised of the following elements: Land Use, Circulation, Housing, Conservation/Open Space, Safety, and Noise. Included in Appendix A of the General Plan, is an Implementation Program. The Program provides a guide to put into practice the adopted General Plan policies and plans for the City. Below is a list of each of these implementation measures with a status update for 2024.
I-1: Zoning Ordinances, Specific Plans and Maps. “Prepare, adopt, and implement a Zoning Ordinance consistent with State law to establish permitted densities, intensities, and uses within Aliso Viejo. Adopt Specific Plans and Maps for areas which may develop prior to completion of the Zoning Ordinance. Where appropriate, the Zoning Ordinance or Specific Plan will incorporate
1 General Plan Annual Progress Report Guidance. State of California, Governor’s Office of Planning and Research, State Clearinghouse and Planning Unit. Revised July 11, 2007. Refer to http://opr.ca.gov/docs/GP_APR_Guidance_2007.pdf
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and replace current development requirements within the Rossmoor and Aliso Viejo Planned Community development plans, and will specifically address the following:
Identify specifically permitted and conditionally permitted land uses, intensity of use, and development and performance standards applicable to specific areas and parcels within the City.
2024 Status of Implementation: To date, the City has approved four (4) Specific Plans:
Glenwood (11.3.04), Vantis (2.2.05), Ventana Ridge (7.20.05), and Commons (11.16.05).
An amendment to the Vantis Specific Plan was approved by City Council on December 18, 2013. It became effective on April 24, 2014 with the execution of an amendment to the Vantis Development Agreement. The City adopted a new Zoning Code and Map in January 2010 and adopted amendments to refine and augment the regulations each year.
In 2020, the Zoning Code was amended to address accessory dwelling units and discretionary permit time extensions. An amendment to the Commons Specific Plan was approved by City Council on December 14, 2022. It became effective on December 21, 2022 with the execution of the Commons Development Agreement. In 2024, the Zoning Code was amended to allow up to 90 dwelling units per acre in the mixed-use/residential overlay district as well as comply with changes in State law pertaining to accessory dwelling units, low barrier navigation centers, group quarters, and employee housing. Staff continued the process of drafting amendments to various sections of the Zoning Code and reviewing applications for wireless communication facilities, temporary use permits, special event permits and parking requirements.
Require provision of landscaped greenways and buffers to improve compatibility in areas where residential and business park or office uses abut each other. 2024 Status of Implementation: Pursuant to Zoning Code section 15.18.030 a minimum average depth for a landscaping buffer is ten (10) feet between commercial and residential districts.
Contain provisions for residential care facilities, emergency shelters, transitional housing, second dwelling units, reasonable accommodation of structural improvements for the disabled and density bonuses pursuant to State law.
2024 Status of Implementation: Zoning Code chapters 15.10 and 15.18 contain provisions for residential care facilities, emergency shelters, transitional housing, and second dwelling units. Ordinance No. 2013-150 pertaining to reasonable accommodation of structural improvements for the disabled was adopted on March 20, 2013. Provisions for density bonuses pursuant to State law are included in chapter 15.58. Ordinance 2016-192 pertaining to the development standards for second dwelling units was adopted on December 6, 2017. Ordinance 2020-215 pertaining to development standards for accessory dwelling units was adopted on June 17, 2020, which was subsequently amended on September 18, 2024. Ordinance 2024-237 pertaining to code amendments to comply with changes in State law related to low barrier navigation centers, group quarters, and employee housing was adopted on March 6, 2024. Include specific criteria for granting flexibility from development standards for projects that provide housing for very low and low-income households. 24 4
2024 Status of Implementation: Zoning Code chapter 15.58 includes specific criteria for granting flexibility from development standards for projects that provide housing for very low and low-income households. Both affordable developments at 2C Liberty and 100 Freedom Lane (formerly 4 Liberty) received flexibility from development standards for providing very low and low-income units. In 2017 and 2019, the construction of 2C Liberty and 100 Freedom Lane was completed, respectively.
Include design standards for development on hillsides or visible from major thoroughfares and identified view corridors.
2024 Status of Implementation: Zoning Code chapter 15.62 includes design standards for development on hillsides or visible from major thoroughfares and identified view corridors. Set forth green building design standards and review/evaluation procedures consistent with Leadership in Energy and Environmental Design (LEED) standards developed by the US Green Building Council.
2024 Status of Implementation: 2016 California Green Building Code went into effect on January 1, 2017, establishing new “green” building codes based on LEED standards for all new construction. In November 2022, the City adopted the 2022 Building Codes which took effect on January 1, 2023 and further expanded “green” building standards. Establish residential density bonuses for compliance with LEED standards. 2024 Status of Implementation: To date, the City has not established residential density bonuses for compliance with LEED standards.
Require compliance with Title 24 building construction standards, Energy Star conservation standards, and consider appropriate building orientation and landscaping for energy conservation purposes.
2024 Status of Implementation: 2016 California Green Building Code went into effect January 1, 2017, establishing new “green” Title 24 standards that are applicable to all new construction. In November 2022, the City adopted the 2022 Building Codes which took effect on January 1, 2023 and further expanded “green” building standards. Codify and expand development restrictions and landscape maintenance requirements in areas within and near Very High Fire Hazard Severity Zones. 2024 Status of Implementation: Zoning Code chapter 15.50 codifies and expands development restrictions and landscape maintenance requirements in areas within and near Very High Fire Hazard Severity Zones. In November of 2022, the City adopted the 2022 Building Codes which took effect on January 1, 2023 which expanded requirements in Very High Fire Hazard Severity Zones in conjunction with the Orange County Fire Authority.
Contain on-site stormwater retention requirements for all new development to offset or significantly reduce the amount of stormwater created as the area of impermeable surfaces increases.
25 5
2024 Status of Implementation: The NPDES – MS4, Order No. R9-2013-0001 as amended by Order No. R9-2015-0001 permit section “Development Planning” effective April 1, 2015, contains requirements for Low Impact Development (LID) BMPs and Hydromodification to regulate the quality and quantity of storm water leaving the development site.
Incorporate FEMA development requirements through establishment of a flood hazard overlay zone corresponding to the location of Special Flood Hazard Areas. 2024 Status of Implementation: The City participates in the National Flood Insurance Program and did not establish a flood hazard overlay zone. Include standards identifying the maximum noise levels allowed within mixed-use residential and commercial structures.
2024 Status of Implementation: Standards identifying the maximum noise levels allowed in the exterior of mixed-use residential and commercial structures are codified in Title 8 of the Municipal Code and referenced in the Zoning Code.
Contain lighting standards and require use of low-reflective building materials to minimize the impacts of light and glare on surrounding uses.
2024 Status of Implementation: Zoning Code chapter 15.62 contains lighting standards and requires use of low-reflective building materials to minimize impacts of light and glare on surrounding uses.
Include specific standards or procedures for determining parking requirements of proposed development in order to maintain or enhance parking capacity within the City. 2024 Status of Implementation: Zoning Code chapter 15.38 includes specific standards or procedures for determining parking requirements of proposed development to maintain or enhance parking capacity within the City.
Include provisions requiring a Conditional Use Permit or similar approval for applicants seeking to construct or operate a heliport or helistop. 2024 Status of Implementation: Pursuant to Zoning Code sections 15.18.020 and
15.26.020, a conditional use permit is required to construct a helicopter pad in the PO, BP-1, BP-2, and CF zoning districts.
Contain procedural requirements for projects proposing a structure more than 200’ AGL (Above Grade Level) in accordance with applicable federal and State laws and regulations.” 2024 Status of Implementation: Pursuant to AVMC 15.10.030 and 15.18.030, a maximum building height limit for the most intensive districts in the City (RVH and PO) was established at sixty-five (65) feet. In all other districts, structures above fifty (50) feet may be approved in conjunction with approval of a specific plan or conditional use permit.
I-2: Community Benefit Overlay (CBO) Areas:“Execute new development agreements, or amend or otherwise alter existing agreements with property owners as a means of approving 26 6
development proposals that vary from the terms of the Aliso Viejo Master Development Agreement within identified Community Benefit Overlay (CBO) areas. In addition to standard development and infrastructure requirements, the City shall seek to ensure that the following community benefits or requirements are achieved, to the extent permitted by law:
Proposed projects incorporate natural grades.
Projected fiscal benefits of proposed projects are realized. Roadway improvements needed to support the project are identified, funded, and completed. (Including funding for intersection improvements at seven intersections identified in Program 11-6.)
A portion of future residential development is affordable to very low and low income households.
Projects are consistent with the City’s parkland and/or parkland improvement ratio of 5 acres per 1,000 population.
Adequate public school facilities to accommodate the project can be provided by the applicable school district.
Noise levels within the non-residential components of mixed-use projects do not adversely affect the residential or community facility components of such projects.
Proposals to change entitled land uses within CBO areas that lie within the planning area for the former MCAS EL Toro shall be referred to the Airport Land Use Commission for Orange County (ALUC) for a Determination of Consistency if the Airport Environs Land Use Plan for the former MCAS El Toro is in effect at the time of development application.” 2024 Status of Implementation: Since adoption of the General Plan, the City has entered into four development agreements with property owners for sites within Community Benefit Overlay (CBO) areas. Each of the four projects is also governed by a Specific Plan adopted by the City. The four CBO development agreements were adopted on the following dates:
Glenwood Ordinance 2004-066 November 3, 2004
Vantis Ordinance 2005-070 February 2,
2005
o Vantis First Amendment Ordinance 2014-158 January 8,
2014
Ventana Ridge Ordinance 2005-075 July 20, 2005
The Commons Ordinance 2005-081 November 16, 2005
The Commons Ordinance 2022-234 December 21, 2022
The Glenwood Development Agreement expired on November 15, 2014 and the Ventana Ridge Development Agreement expired on December 23, 2010 after fulfilling the requirements in each DA. On December 21, 2022, the City of Aliso Viejo entered into a Development Agreement with the property owners of the Commons. Construction is now underway at the Commons, which includes a new automotive dealership for the lease, sales and service of electric or non-internal combustion engine vehicles and the installation of publicly accessible chargers per the requirements of the Development Agreement. On August 16, 2017, it was determined that the developer had fulfilled all of the Vantis requirement prior to the expiration date of April 8, 2025. 27 7
Issues outlined by this implementation measure, including issues of grading, fiscal impact, roadway improvements, affordability, parkland ratios, school capacity, and noise, were considered during creation of the development agreements.
Since the Airport Environs Land Use Plan for the former MC El Toro is no longer in effect, City staff is no longer sending proposals to change entitled land uses within CBO areas to the ALUC.
I-3: Code Enforcement: “Continue to enforce property maintenance standards, adopted City building and zoning codes, and noise regulations.”
2024 Status of Implementation: The Code Enforcement Division, under the umbrella of the Community Development Department, continues to enforce property maintenance standards, adopted City building and zoning codes, and noise regulations. A total of twenty (20)-hours a week is allocated to code enforcement activities in the City.
I-4: Multi-use Trails and Greenways Master Plan: “Prepare, adopt and implement a Multi-Use Trails and Greenways Master Plan to identify gaps in the recreational trail and greenway system, establish design and construction standards for new trails and greenways, and prioritize and fund needed improvements. The Master Plan will be consistent with the trail plans of adjacent jurisdictions and the County, and will promote a future trail connecting Aliso Viejo to the beach through Aliso and Wood Canyons Regional Park.”
2024 Status of Implementation: The City adopted a Streets and Trails Amenities Master Plan that includes the trails and greenway system in 2006. The Plan identifies existing trails and greenways, along with proposed trails and links to existing systems, including Aliso and Wood Canyons Regional Park. Amenities and design standards are discussed and potential projects are prioritized within the Plan. Phases 1 and 2 of the Town Center Loop Trail project have been completed and include trail markers, maps, and enhanced paving at pedestrian crossings.
I-5: Streamlined Development Review: “Develop and implement procedures for priority processing of development projects that a) contribute significantly to the City’s fiscal stability and/or b) include housing for very low-income households.” 2024 Status of Implementation: Via the Housing Element, the City Council has directed staff to expedite processing of proposals that include affordable housing opportunities as part of the CBO projects as well as affordable housing projects. The Glenwood and Vantis developments include housing for low-income households with an additional in-lieu fee to offset units required for the very-low income households. Additionally, Vintage Aliso, located at 2C Liberty was completed in 2017 and included a total of 167 low-income units and 33 very-low income units. Liberty at Aliso, located at 100 Freedom Lane was completed in 2019 and included 148 low-income units and 50 very low-income units.
Affordable housing incentives are also outlined in Chapter 15.58 of the City’s Zoning Code.
These primarily involve density bonuses, but also include incentives related to relief from development standards and approval of mixed-uses development where it otherwise is not expressly permitted. Incentives are awarded to projects that provide specified ratios of units reserved for moderate, low, or very-low-income households. The Zoning Code states incentives are designed to make affordable housing projects more financially viable. 28 8
In 2019, the City also applied for and received first year SB 2 grant funds to secure an Enterprise Land Management software system which will assist in significant reduction in application processing times. In 2024, the land management software system was fully implemented.
I-6: Home Based Business Ordinance:“Adopt and implement a home-based business ordinance that provides opportunities for legal and conforming home-based businesses within the community, while protecting neighbors from potential parking and noise impacts.” 2024 Status of Implementation: Section 15.14.150 of the City Municipal Code contains regulations pertaining to home-based businesses, otherwise known as “home occupations.” These regulations and standards have been designed to reconcile the goal of creating new opportunities for home-based businesses with the City’s desire to protect neighbors from nuisances and negative impacts.
I-7: Baseline Environmental Standards: “Establish baseline standards reflecting environmental conditions in the community (such as air quality, noise, and traffic/circulation) that may be impacted by proposals for future development. Use the standards as the basis for assessing the environmental impacts of such proposals.”
2024 Status of Implementation: The environmental baseline for each project in the City is set at the time that either the environmental review commences or a notice of preparation of an environmental impact report is released. Given that environmental conditions constantly change, this analysis is handled consistently on a project-by-project basis.
Moreover, an ongoing program is the regular update and adoption of “Local CEQA Guidelines” to ensure that City environmental review and analysis protocol is in compliance with State requirements.
The City Council adopted Resolution 2020-24 to adopt the Vehicle Miles Traveled (VMT) thresholds of significance for California Environmental Quality Act (CEQA) compliance related to transportation impact analysis. The adopted method of analysis is consistent with Senate Bill 743 which changed the method of analyzing transportation impacts from development projects and identify mitigation measures to reduce those impacts.
Resolution 2020-24 was adopted on June 17, 2020 prior to SB 743 effective date of July 1, 2020.
I-8: Jurisdictional Urban Runoff Management Program (JURMP): “Meet the requirements of the San Diego Regional Water Quality Control Board (SDRWQCB) Order R9-2002-0001, pursuant to the National Pollutant Discharge and Elimination System (NPDES) Permit. Requirements of this Order include implementation of a Jurisdictional Urban Runoff Management Plan (JURMP), addressing a variety of topics related to urban runoff, including Best Management Practices in the planning and construction of new and existing development, education of City staff and the community as a whole regarding polluted urban runoff, and revising the environmental review process to analyze water quality impacts from development.” 2024 Status of Implementation: As required by the Fifth Term NPDES Permit (SDRWQCB Order No. 2013-0001 as amended by R9-2015-0001), the City utilizes a City-specific Jurisdictional Urban Runoff Management Program as its Local Implementation Plan (LIP) which was developed in 2003 and updated in 2019. The LIP includes procedures and 29 9
public outreach programs for implementation of best management practices for pollution prevention in both existing development and new development projects.
I-9: Local Coastal Program (LCP):“Implement the County Local Coastal Program (LCP) approved for the Aliso Viejo Planned Community, pursuant to California Coastal Commission Requirements. Advise project applicants that a coastal development permit must be obtained from the California Coastal Commission prior to City approval of any development project located within the coastal zone. Continue to evaluate the consistency of the General Plan with the Orange County Local Coastal Plan as needed to maintain consistency.” 2024 Status of Implementation: According to the Coastal Commission, the County LCP became invalid after the City's incorporation in 2001. It did not carry forward to the new City jurisdiction. Although the City does not have a LCP, the City has a Coastal Zone overlay district which purpose is to protect and preserve valuable coastal resources within Aliso Viejo. Approval of a coastal development permit is required within the coastal overlay district.
I-10: Capital Improvement Program (CIP): “Establish a Capital Improvement Program (CIP) to address phasing and construction of traffic, infrastructure and City-owned park improvements throughout the City. Use the CIP process to prioritize, finance, and complete roadway and bikeway improvements identified in the Circulation Element and other City plans. Update the CIP annually to respond to changes in local priorities and available funding sources.” 2024 Status of Implementation: The City Capital Improvement plan is updated with every annual and mid-year budget. During the last annual cycle, the City Council, City Engineer, and City Manager set priorities for projects based on strategic initiatives, need, and available funds. For the mid-year budget, the City reevaluates the CIP based on needs and funds and will adjust accordingly.
I-11: Provide Solid Waste Services: “Continue to contract for solid waste services from a private sector provider. Ensure that community needs for solid waste disposal are being met.” 2024 Status of Implementation: To meet State requirements for solid waste diversion and disposal, including AB 939, AB 1826, AB 1594, and SB 1383, the City has entered into a franchise agreement with a waste hauler company (CR&R Waste and Recycling Services), which provides recycling and proper disposal of solid and organic waste throughout the City.
I-12: Fire, Police and Emergency Medical Service Contracts: “When the City renews service contracts with the Orange County Fire Authority (OCFA) and Orange County Sheriff’s Department (OCSD), consider the following issues:
Staffing levels identified in service contracts should reflect the established service standards, community population, crime conditions, increased emergency activity, geography of service area, and funds availability.
Contracts should include service to new development that will be constructed during terms of the contract.
Size of physical facilities and types of resources within the City should accommodate sufficient staff and equipment, and distribution of the facilities should minimize emergency response.”
30 10
2024 Status of Implementation: The City annually renews its contract with OCSD. The City’s contract with OCFA establishes a term of 20 years, from July 1, 2010 through June 30, 2030. The contract renewal process includes an assessment of safety data, existing and planned development and identified and negotiated needs. Service provision to the City continues to be adequate.
I-13: Fair Housing Service Contract: “Continue to contract with the Fair Housing Council of Orange County (FHCOC) to support fair housing services for City residents. Advertise fair housing services on the City website and at the public counter, library, post office, Family Resource Center, and other community locations.”
2024 Status of Implementation: The Fair Housing Council previously provided fair housing services to the City. Effective July 1, 2018, after issuing an RFP, the Fair Housing Foundation became the fair housing provider for the City. Fair housing services are advertised on the City website and at the City Hall public counter, City branch of the Orange County Library, and Family Resource Center.
I-14: Parkland Ordinance: “Prepare, adopt and implement a parkland ordinance establishing a citywide standard of 5 acres of park land and/or parkland improvements per 1,000 population.
Consistent with Quimby Act regulations, in lieu fees may be collected to satisfy park provision requirements.”
2024 Status of Implementation: The park fee ordinance inherited from the County with a ratio of standard of 5 acres of park land and/or parkland improvements per 1,000 population is included as Section 14.16.050 of the Subdivision Code.
I-15: Grading Ordinance: “Prepare, adopt and implement a grading ordinance or Specific Plan to ensure all grading associated with new development projects are conducted in accordance with appropriate geotechnical engineering.”
2024 Status of Implementation: On February 15, 2003, in accordance with San Diego Regional Water Quality Control Board adopted waste discharge requirements (NPDES Permit), City Council adopted Ordinance 2003-044 and amended by Ordinance 2010-128.
This ordinance, updated the City Municipal Code Chapter 13.08, in regards to storm water management, urban runoff, grading, and excavation. The City continues to assess grading impacts of new developments based on those provisions.
I-16: Building Codes: “Continually update development standards and adopt the latest building construction codes to guide future development in areas with known geologic and seismic-related hazards.”
2024 Status of Implementation: On November 16, 2022, the City adopted the 2022 California Building Standards Code which became effective on January 1, 2023.
I-17: National Flood Insurance Program (NFIP):“Enroll in the National Flood Insurance Program (NFIP) which provides federally-backed flood insurance to community residents.” 2024 Status of Implementation: After adoption of the 2004 General Plan, the City enrolled in the NFIP. This was made possible by actions taken by the City Council on April 5, 2006 including passing of Ordinance 2006-082 establishing a Floodplain Management Overlay District, under the Municipal Code Chapter 7.50, adoption of Resolution 2006-011 31 11
expressing a commitment to adopt and maintain regulatory measures for flood hazard areas, and directing Staff to file an application to join the NFIP. Adoption and enforcement of a floodplain management ordinance is a requirement of enrollment in the program.
I-18: Emergency Operations Plan (EOP): “ Implement the City’s Emergency Operations Plan (EOP) according to requirements and provisions of the State Emergency Management System.
Ensure that the EOP establishes community evacuation routes and emergency shelter facilities and is easily available to the public.”
2024 Status of Implementation: The City has in place its original EOP. However, a thorough revision of the Plan was completed in 2016 to update it with newer terminology and current inter-agency communications and planning procedures. The Mass Care and Shelter Annex and the Evacuation Annex of the EOP predetermine potential evacuation routes and emergency shelters, but do not pre-designate those evacuation routes or emergency shelter facilities to the public. Those decisions are made based on the circumstances of the event and by referencing data outside of the EOP. Disasters most likely to impact the City (earthquake and wildfire as two examples) do not allow us to know ahead of time what roads and overpasses will be open and passable, or what areas of the community will be safe to occupancy. Therefore, the City will not preannounce evacuation routes or shelter facilities. However, arterial roadways specified in the Circulation Element can be considered the most likely evacuation routes. The City works with the American Red Cross to maintain a current database and inventory of all shelter facilities and supplies available within or near the City. In a disaster, the evacuation information, shelter locations, and all other pertinent emergency information will be relayed to the public according to the City’s Public Alert and Warning Annex. The Public Alert and Warning Annex outlines the various systems the City will utilize in a disaster to ensure the public is notified in a timely manner including AlertOC, Nixle alerts, Wireless Emergency Alert (WEA) System, and Emergency Alert System (EAS). The City’s Public Information Office will also share emergency information via the City’s social media outlets and City website.
The City's Emergency Manager is tasked with preparing the City for disasters through the writing and maintaining of emergency plans in coordination with the city’s response partners like the Orange County Sheriff’s Department and Orange County Fire Authority; educating the public on disaster preparedness; conducting training and exercises for response staff; and maintaining the City's Emergency Operations Center (EOC). The City's primary EOC is located at City Hall and serves as the central coordination point during a disaster.
I-19: Noise Regulations: “Continue to enforce City noise regulations to protect residents from excessive noise levels associated with nuisance and stationary noise sources. Periodically evaluate regulations for adequacy and revise, as needed, to address community needs and changes in legislation and technology.”
2024 Status of Implementation: Title 8.12 of the City Municipal Code includes noise control provisions. They include exterior and interior noise standards as well as exemptions from standards.
I-20: Transportation Financing/Measure M Requirements: “In addition to establishing a Capital Improvement Program, establish a Development Mitigation Program, Comprehensive Phasing Program, and Performance Monitoring Program to guide construction and funding of circulation improvements, pursuant to Measure M requirements. In addition, collect fees for traffic impacts 32 12
of new development, and require project proponents to construct and/or fund circulation improvements resulting from new development projects.”
2024 Status of Implementation: Renewed Measure M eligibility packages are submitted to OCTA annually. Development projects are reviewed for impacts and approvals are conditioned to either fund or construct appropriate components to mitigate any impacts.
II-1: Street Median and Sidewalk Improvement Plan: “Establish a program to identify street medians and sidewalks throughout the City that are in need of enhanced landscaping, maintenance or repair and to identify roadways without current medians or sidewalks required by roadway design standards. This program will be used to prioritize median and sidewalk improvements and incorporate them within the City’s annual CIP process. Both the City and AVCA should have roles in the planning and implementation of the program.
The median program will emphasize the role of medians as both landscape and safety improvements, and new landscaping completed pursuant to the program must be drawn from the City Plant Palette and comply with low water landscaping requirements set forth in the Conservation/Open Space Element.
The sidewalk program will include provisions for tree planting, adequate shade, enhanced crosswalks (using lights, signs, and pavement markings), and place special emphasis on sidewalks, crosswalks and signs near schools, parks, churches, community facilities and within Aliso Viejo Town Center.”
2024 Status of Implementation: A street median master plan has been developed to prioritize projects and establish design guidelines. The master plan identified fifteen (15) miles of median to be constructed. Projects have already been completed on Pacific Park Drive and Aliso Creek Road. Other projects on Aliso Viejo Parkway and Aliso Creek Road have been designed and require construction funding. Pacific Park Town Center Association has completed a project on Enterprise utilizing similar design standards.
Sidewalk enhancements have been completed as part of the Town Center Loop project, including crosswalk enhancements.
II-2: Low Water Palette and Landscaping Requirements: “Develop a diverse plant palette consisting of native and xeriscape plants to be used citywide. Require that 50 percent of all public and private landscaping within the City consist of low water, native/xeriscape plants drawn from the palette. Periodically evaluate this objective and increase the required percentage over time.” 2024 Status of Implementation: The City Council adopted Ordinance 2009-119 and amended by Ordinance 2015-171, amending the City code to include an article outlining adoption of water efficient landscape regulations, and approving guidelines for implementation of those regulations. The regulations, in Section 7.30 of the Aliso Viejo Municipal Code, are consistent with California Assembly Bill 1881 provisions regarding water conservation and require new landscaping projects in the City will be required to consist of at least 50% low water or xeriscape plants and the use of efficient irrigation system to keep water consumption within the allocated amount set by the local water agencies.
II-3: City Gateway and Wayfinding Signs: “Establish new wayfinding signs throughout the City, leading residents and visitors to key community locations. Construct new entry gateway 33 13
monuments at key entrances to Aliso Viejo, including those beyond the limits of the Aliso Viejo Planned Community.”
2024 Status of Implementation: Gateway signage and monumentation were addressed in the City SR 73 Corridor Enhancement Master Plan and Streets and Trails Amenities Master Plan. Wayfinding signs were redesigned to guide residents and visitors to public facilities and were installed in 2018. Examples of these facilities include the Aliso Viejo Center located at 31 Santa Barbara Drive and Aquatic Center at 29 Santa Barbara Drive.
II-4: Greenway and Riparian Corridor Restoration:“Identify portions of greenways, the power line easement within the City, and the riparian corridor surrounding Aliso Creek where natural landscaping has been degraded. Work with property owners, the County, and AVCA to revegetate the areas in a manner consistent with the City plant palette and native landscaping requirements.” 2024 Status of Implementation: In 2005, with support of grant funding from the Habitat Conservation and United States Fish and Wildlife Service Programs, the City constructed a wetland at the detention basin located at the headwater of the Wood Canyon Creek within Aliso and Wood Canyon Regional Park. The purpose of this project was to create a wetland habitat using native riparian/wetland plant species within the detention basin to enhance water quality, flood control and channel protection at the beginning of the Creek.
Since this project is situated at the headwaters of Wood Canyon Creek and will affect the whole of the Creek, it will also increase and enhance the overall Wood Canyon Creek riparian corridor and its associated wildlife habitat.
As part of the project mitigation monitoring plan, site inspections were conducted on a monthly basis and water quality samples were collected from the inlet and outlet of the wetland site during dry weather seasons from 2006 to 2010. Water samples were analyzed for nutrients and indicator bacteria. Natural and planted native vegetation were determined to be growing at a normal rate in regard to reproduction and density compared to other natural habitats. Additionally, bacteria data collected indicates microbial quality of runoff improved as it passed through the wetland and no significant changes in level of nutrients were observed as water passes through the wetland.
In 2016, grants from OCTA and State Department of Water Resources were obtained for the construction of a wetland and habitat restoration project within the Dairy Fork sub- watershed, a tributary of Aliso Creek. The purpose of this project was to enhance the water quality of dry weather urban runoff by creating a wetland and restoring natural habitat by removing non-native invasive plants and planning native and California friendly plant species.
A five-year mitigation monitoring plan and a twenty-year maintenance plan were developed and are being implemented to assure the restoration of the natural habitat and that the wetland operates as designed to remove pollutants and improve the quality of urban run runoff prior to being discharged into the creek.
In December 2018, OCFA was awarded a $5.4 million grant for countywide aerial surveying to identify and then remove trees infested with the shothole borer beetle. The goals of the program are to 1) stop the spread of invasive tree pests, 2) reduce the existing fuel loads caused by the tree pests and limit the potential for future fuel loading from them, 3) reduce the related wildfire and life safety risks for the invasive tree pests, and 4) improve 34 14
the environment by limiting GHG emissions linked to tree loss, and the increased frequency and intensity of the associated wildfires.
II-5: Roadway Re-Striping: “Wood Canyon Road is currently constructed as a two-lane undivided highway between Oak View and Aliso Creek Road, inconsistent with Orange County Master Plan of Arterial Highways (MPAH) standards. This roadway segment will be re-striped to the County classification standard as a four-lane secondary arterial when necessary. Future restriping may also be considered on portions of Aliso Viejo Parkway and Glenwood Avenue to reduce potential for automobile/bicycle conflicts.”
2024 Status of Implementation: Due to concerns over automobile accidents and overall safety on Wood Canyon Road, the City has reevaluated this plan for the roadway. A more restricted striping design, designed to aid safer movement of vehicles, has been successful in reducing collisions on the segment.
The City Council has directed staff to revise the classification of this street in the overall County Plan to collector status. This will be accomplished as part of the Circulation Element of the General Plan.
II-6: Intersection Improvements: “Periodically monitor conditions at intersections throughout the City and evaluate and implement options for improving the following intersections to ensure operation at LOS C or better:
Aliso Creek Road and Aliso Viejo Parkway
Wood Canyon Road and Pacific Park Drive
La Paz Road and Pacific Park Drive
La Paz Road and SR-73 Eastbound Ramp
Moulton Parkway and Aliso Viejo Parkway
Pacific Park Drive and Peppertree
Aliso Creek Road and Pacific Park Drive
The City may seek funding for such improvements through the development agreement process associated with the Community Benefit Overlay areas.”
2024 Status of Implementation: All intersections in the City are maintained at Level of Service (LOS) “C” or better. Projects have been completed to improve traffic flow at three of the seven intersections identified on the list, including Wood Canyon at Pacific Park, Pacific Park at Peppertree, and Aliso Creek at Pacific Park. The other intersections will be improved as traffic congestion increases and additional grant money is obtained.
II-7: Neighborhood Circulation Improvements: “Ensure that sufficient improvements are in place within neighborhoods to protect pedestrians and bicyclists from hazards associated with excessive auto traffic volumes and speeds. Where appropriate, consider traffic calming devices including median landscaping and provision of bike or transit lanes to mitigate the problems posed by schools and other land uses that generate extraordinarily high traffic volumes at specific times.
Provide solutions to mitigate these problems as warranted by local studies.” 2024 Status of Implementation: Several projects have been executed as part of efforts to achieve this objective. Projects have included street re-striping and the construction of raised pavement markers at Westridge, Briarglen, and Canyon Vista. Enhanced pavement 35 15
has been installed on Golf Drive to visually identify pedestrian walkways. Crosswalks at the intersection of Aliso Creek Road and Pacific Park Drive have been updated and back plates of traffic signals have been painted for safety. Additionally, there have been circulation and striping projects constructed around all schools in the City.
II-8: Bicycle and Pedestrian Amenities: “Provide appropriate bicycle and pedestrian amenities along City bikeways, trails, and sidewalks. Specific amenities include bicycle racks, water fountains, benches, trash cans, and call boxes. Encourage private development projects to provide these amenities as well, especially within Aliso Viejo Town Center.” 2024 Status of Implementation: Phases 1 and 2 of the Town Center Loop Trail project have been completed and include trail markers, maps, and enhanced paving at pedestrian crossings.
II-9: Iglesia Park and Family Resource Center:“Operate and improve as needed Iglesia Park and the Family Resource Center as resources to the community. Include physical improvements to these facilities within the City’s CIP process.”
2024 Status of Implementation: The City contracts with the Boys & Girls Club to operate the Family Resource Center and in 2022 continued to make improvements to the facility which included minor repairs.
II-10: Emergency Operations Center: “In the event of an emergency, activate an Emergency Operations Center (EOC) at City Hall. Continue to evaluate need and sites for an alternative EOC elsewhere within the City.”
2024 Status of Implementation: The City Conference Center has been identified to serve as an alternate EOC in the event City Hall cannot serve as the primary EOC. Staff continues to evaluate communications, information technologies, and situation assessment capabilities at both sites, to identify desired improvements to these capabilities and to gradually accumulate these improvements as resources allow. City Hall installed a backup generator in 2017 that will provide power to the City’s EOC during a power outage.
III-1: CEQA Compliance and Site Development Review: “Utilize a site development permit process and the California Environmental Quality Act (CEQA) in the review of proposed development projects. Review proposed projects to avoid where permitted by law unacceptable impacts to the fiscal stability of the City, public facilities and services supporting development, surrounding development designs, landscaping, cultural and historical resources, and natural characteristics of the project site.”
2024 Status of Implementation: Pursuant to Aliso Viejo Municipal Code Section 15.74.020 a permit approving site, architectural, landscape, and related development plans is included within the term “site development permit.” The City Council is the decision- making authority for site development permits, and the City conducts and completes a CEQA analysis during the review of proposed development projects. As CEQA is amended by the California State Legislature, the City adopts the amended local guidelines for implementing the CEQA, with the last adoption occurring on April 16, 2014.
III-2: Fiscal Impact Evaluations: “Fiscal evaluations of any future development or redevelopment projects outside established Community Benefit Overlay (CBO) areas that vary from development 36 16
permitted by established development agreements are required, to the extent permitted by law.
Such evaluations will determine the net fiscal balance of the project to the City, and provide appropriate mitigation strategies for projects with a negative fiscal balance. Such strategies may become conditions of development approval, at the discretion of the City Council.” 2024 Status of Implementation: Fiscal evaluations occur as new projects are proposed. In general, the City evaluates the fiscal impact of any new development proposal as it relates to the City’s ability to continue providing services for the long term. The City updates its Five-Year Strategic Plan on a regular basis to determine its financial outlook under changing economic conditions and impacts arising from the dynamic State budget.
III-3: National Pollutant Discharge and Elimination System (NPDES) Compliance: “Prior to making land use decisions, the City will utilize available methods to estimate increases in pollutant loads and flows resulting from projected future development. In addition, applicants for new development and redevelopment projects shall demonstrate accomplishment of NPDES objectives:
Use of structural and non-structural Best Management Practices (BMPs) to mitigate projected increases in pollutant loads and flows.
Minimized pollutant loading flow velocity during and after construction. Minimized amounts of impervious surfaces and directly connected impervious surfaces. Maximized on-site infiltration and runoff and temporary on-site retention areas. Limited disturbance of natural water bodies, natural drainage systems, and natural habitats.
Pollution prevention methods, source controls and treatment using small collection strategies located at, or as close as possible to, the source.” 2024 Status of Implementation: In compliance with requirements of the NPDES Permit, the City has adopted the following water quality ordinances, under Title 7 Health and Safety of the Aliso Viejo Municipal Code:
Grease Interceptor/Trap Connections to Sewer System and Maintenance (Ordinance No. 2002-036).
Ordinance 2011-133, as an amendment to Ordinance 2002-036, which requires a semi-annual cleaning and maintenance of grease interceptor/trap connection to sewer system.
Stormwater Management, Urban Runoff, Grading and Excavation (No. 2003-044). Amendment to Stormwater Management including Stormwater Permits (No. 2003- 051)
Amendment to Stormwater Management including BMPs for Monitoring and Inspection (No. 2003-054)
Ordinance No. 2010-128 as an amendment to Stormwater Management Ordinance No. 2003-044.
Additionally, on October 20, 2010, the City Council passed Resolution 2010-40, amending the General Plan to include storm water management goals and principles. These goals and principles include encouragement of:
Interagency cooperation in regard to storm water management, 37 17
Reduce discharge of pollutants to the maximum extent practicable through the use of low-impact growth and development concept in the design and selection of best management practices,
Use of native, low-water plants,
Reduced water use for landscaping, and
Cooperation with the Aliso Viejo Community Association (AVCA) to prevent groundwater pollution.
III-4: Water Services and Supplies:“Require engineering studies to determine water infrastructure requirements for future development projects. Require that study recommendations be incorporated into the design of projects. Require the dedication of necessary right-of-way and construction of water infrastructure improvements for all development projects.
Review all development projects in consultation with the applicable water district to ensure adequate water supplies, treatment, and distribution capacity for projects without negative impact to the community. For projects that satisfy the criteria set forth in Sections 10910-10915 of the California Water Code and Section 66473.7 of the Government Code, a Water Supply Assessment or water supply verification demonstrating available water supplies exist to support development shall also be prepared.”
2024 Status of Implementation: Review procedures outlined in this implementation measure are the responsibility of the El Toro (ETWD) and Moulton Niguel (MNWD) Water Districts. Each Water District is required (by Water Code Sections 10610 through 10656 of Urban Water Management Planning Act) to prepare, adopt, and file an Urban Watershed Management Plan (UWMP) every five years. The UWMP includes information on present and future water supply and demands and assessment of an area water resource needs. As a stakeholder, City staff will review and comment on the draft UWMP during public input period. The City requires a letter from the water districts confirming availability of water supply for all new and redevelopment projects prior to permit issuance.
III-5: Sewer and Wastewater Treatment Services: “Require engineering studies to determine sewer infrastructure requirements for future development projects. Require that study recommendations be incorporated into the design of projects. Require the dedication of necessary right-of-way and construction of sewer infrastructure improvements for all development projects.” 2024 Status of Implementation: Similar to evaluation of water feasibility, analysis of sewer infrastructure needs created by future development projects is performed by the two water districts operating in the City. The City requires a letter from the water districts confirming projects are consistent with district requirements for sewer connections and services.
III-6: Recycling Requirement : “Require use of recycling as a condition of approval for all new development projects. Work with the private sector contractor providing solid waste services within the City to ensure that appropriate recycling containers, procedures, and education are readily available.”
2024 Status of Implementation: The City Solid Waste Management Program requirements are designed to be compliant with AB 939, AB 1826, and AB 1594. These stipulate waste separation and recycling for multi-family units and commercial units is performed at the Material Recovery Facility (MRF) in San Juan Capistrano. For single-family communities, a system of three containers is used for residents to sort their recycling. 38 18
III-7: Adequate Flood Control: “Require engineering studies to determine required flood control facilities for future development projects. Require that study recommendations be incorporated in the design of projects. Require the construction of appropriate flood control for all development projects. Where appropriate, also require that engineering studies include analyses on stream instability for natural watercourses that include stream degradation, head cutting, bank erosion, and related factors. Recommendations from these studies will be implemented as mitigation for identified impacts.”
2024 Status of Implementation: Flooding remains a non-issue for most properties in Aliso Viejo. However, the City continues to evaluate proposed new developments in regard to flood control through engineering studies and plan review. The City also participates in the National Flood Insurance Program.
III-8: Adequate Fire and Police Services:“Evaluate the need for additional fire and police facilities or resources to serve new development projects that vary from established agreements.
Coordinate with AVCA and service providers to evaluate the level of fire and police service provided to the community. Require adequate street widths and clearance for emergency access.” 2024 Status of Implementation: In both the Planning and Building permit process, development projects that vary from established agreements are routed to the Orange County Fire Authority and the Orange County Sheriff Department for review and comment/approval. Every project is evaluated against the need for additional fire and police facilities or resources. Additionally, adequate street widths and clearance for emergency access is reviewed and then required with permit issuance.
III-9: Public Education Facilities: “For proposed projects that vary from established development agreements, determine anticipated student generation in conjunction with Capistrano, Saddleback Valley, and Laguna Beach Unified School Districts. Work with the districts to collect student impact fees. Where permitted by law, require the dedication of necessary school sites where appropriate associated with development proposals” 2024 Status of Implementation: The Building Department ensures collection or exemption for student impact fees prior to issuance of building permits.
III-10: Adequate Parks, Recreation Facilities, Trails and Community Center: “Require payment of park fees, dedication of land for parks and/or dedication and provision of multi-use trails as conditions of new development, as applicable. Park-related dedications or fees will be determined using the City’s ratio of 5 acres of parkland and/or parkland improvements per 1,000 residents.
Research options or opportunities to provide necessary or desired community facilities, such as a Community Center.”
2024 Status of Implementation: Fees allocated for parks have been collected as part of development agreements negotiated between the City and developers. Park in-lieu fees are also triggered when a subdivision includes a residential component.
III-11: Library Fees: “Assess proposed development that varies from established development agreements for library impact fees in conjunction with the Orange County Public Library.” 2024 Status of Implementation: Other than projects approved with a development agreement, the City has not assessed City development impact fees such as library impact 39 19
fees for any project. The City has never studied library fees because library services have always been provided by the County.
III-12: Transit Oriented Development: “Require incorporation of transit-oriented design features and attractive and appropriate transit amenities (including shaded bus stops) into public and private development projects to promote and support public transit use.” 2024 Status of Implementation: The City continues to analyze the need for new public transit amenities, both on a project-by-project basis, and within the context of the Orange County Transportation Authority programs. Based on ridership and other analysis OCTA has eliminated all fixed bus routes in the City. A new, on-demand shuttle service is being tested by OCTA. The City will continue to evaluate local shuttle options through OCTA Projects S and V for Metrolink and circulator shuttles.
III-13: Ecological and Biological Resource Assessments: “Assess development proposals that vary from established development agreements for potential impacts to significant ecological and biological resources. Require appropriate mitigation for all significant impacts if impact avoidance is not possible. Mitigation measures for habitat and species may include, but are not limited to:
avoidance, enhancement, restoration, or a combination of any of the three, along with participation in the Central and Coastal Region Natural Community Conservation Program (NCCP). Address the following subjects within impact assessments, as applicable to individual development projects:
Natural communities.
Riparian and wetland habitats.
Coastal sage scrub and coast live oak habitats.
Rare and endangered animal and plant species.
Habitat fragmentation (including disruption of wildlife corridors). Aliso Creek and associated tributaries.
Significant tree stands.”
2024 Status of Implementation: As part of the CEQA process, all projects are assessed for potential impacts to significant ecological and biological resources, and where appropriate mitigation measures are required.
III-14: Green Building and Energy Conservation: “ Evaluate proposed development projects throughout the City using Leadership in Energy and Environmental Design (LEED) Standards developed by the US Green Building Council. The City strongly encourages all future development and major renovation projects within the following General Plan designations to achieve LEED certification: Very High Density Residential, Town Center Commercial, Recreation Commercial, Business Park, Professional Office, and Community Facility. Investigate the potential to offer density bonus incentives on residential projects that achieve LEED certification.
Require compliance with State Title 24 building construction standards and Energy Star conservation standards for all development projects.”
2024 Status of Implementation: This objective is satisfied by the compliance of new projects with Cal Green Building Code standards for new construction.
III-15: Geologic Hazard Assessments: “Pursuant to State law, geologic and/or geotechnical studies are required for proposed new development projects located in areas identified as 40 20
susceptible to landslides and liquefaction and binding mitigation strategies must be adopted.
These areas are identified on Figure S-1 of the Safety Element. Compliance with the recommendations set forth in site specific geologic and/or geotechnical studies will be made a condition of the site development permit for subsequent projects. In addition, the City may require applicants to incorporate measures to stabilize and maintain slopes on a site-by-site basis, such as, but not limited to, proper planting, irrigation, retaining walls, and benching.” 2024 Status of Implementation: The City requires new geologic and geotechnical studies when necessary. Compliance with recommendations in such studies are made a part of the site development permit. Additionally, the City coordinates with local Homeowners Associations regarding maintenance of slope stabilization, where needed.
III-16: Crime Prevention Through Environmental Design (CPTED):“Review all new development proposals for sensitivity to Crime Prevention Through Environmental Design (CPTED) principles.
Encourage incorporation of design features that employ adequate lighting and place increased emphasis on public areas.”
2024 Status of Implementation: Police Services continues to collaborate with Planning to incorporate crime-prevention measures into new and existing developments. Appendix A, of the Zoning Code, describes the requirements for Crime Prevention through Environmental Design (CPTED).
III-17: Noise Contours and Standards: “Review development proposals to ensure that the noise standards and compatibility criteria set forth in the Noise Element are met. Require acoustical analyses for all proposed development within the 60 dB CNEL contour as shown on Figure N-1 in the Noise Element. Also require acoustical analyses for all proposed residential projects in the vicinity of existing and proposed commercial and industrial areas.
Require mitigation measures, where necessary, to reduce noise levels to meet the adopted standards and criteria. Such measures may include berms, walls, and sound attenuating architectural design and construction methods. Only permit new development if adopted noise standards and regulations can be met.”
2024 Status of Implementation: As part of the CEQA process, all projects are assessed for potential noise impacts per the Noise Element and Municipal Code (Title 8, Section
8.12 Noise Control), and where appropriate mitigation measures are required.
III-18: Noise Insulation Standards: “Enforce provisions of the California Noise Insulation Standards (Title 24) that specify that indoor noise levels for multi-family residential living spaces shall not exceed 45 dB CNEL. The standard is defined as the combined effect of all noise sources and is implemented when existing or future exterior noise levels exceed 60 dB CNEL. Title 24 further requires that the standard be applied to all new hotels, motels, apartment houses and dwellings other than single-family dwellings. The City will additionally apply the standard to single- family dwellings and condominium conversion projects.”
2024 Status of Implementation: As required by Section 1207 of the California Building Code, the Building Department enforces provisions of the California Noise Insulation Standards (Title 24) that specify indoor noise levels for multi-family residential living spaces, and all new hotels, motels, apartment houses and dwellings other than single- family dwellings shall not exceed 45 dB CNEL. Furthermore, the Building Department will 41 21
additionally apply the standard to single-family dwellings and condominium conversion projects. In other words, this is accomplished by requiring insulation between units.
IV-1: Annual Review of General Plan and Environmental Indicators: “Annually review implementation of the General Plan and Land Use Policy Map to identify the effect of land development and use on City revenues and costs of providing public facilities and services.
Develop a range of environmental indicators to be monitored over time as the community develops. Such indicators may include, but are not limited to the following: percentage of land area used as open space, percentage of solid waste diverted from the waste stream through recycling, etc. Utilize the City’s GIS system to create and track these indicators, and report annually to the City Council regarding progress toward established objectives.” 2024 Status of Implementation: There are two environmental indicators that staff has data for and can be used to annually review implementation of the General Plan and Land Use Policy Map to identify the effect of land development and cost of providing public facilities and services: percentage of parkland and percentage of solid waste diverted through recycling. In 2003, with the formation of the General Plan, there was 257.5 acres of parkland for an approximate population of 42,000, and since 2003, two parks totaling 3.2 acres, within the Glenwood development have been constructed and 0.91 acre of parks were added to the City’s inventory with the final permitting of the Vantis development in 2017, for a total increase of 4.11 acres. Now, with an approximate population of 50,000 and 261.61 acres of parkland, there are 5.23 acres of parkland per 1,000 residents, which exceeds the City standard of 5 acres per 1,000 residents as well as the accepted standard of 3 acres per 1,000 residents. In addition, the City finished construction of the Aliso Viejo Ranch park in 2020 which added 7 acres of parkland to the City. For solid waste diversion rates, the Environmental Services staff receives a monthly report from CR&R on the diversion rates, and has also updated Municipal Code Chapter 7.15 Construction or Demolition Debris to meet the current State Diversion rate of 65%, of which the City met in 2017.
IV-2: Preserve Jobs-Housing Ratio: “To the extent possible, preserve the balance between jobs and housing in Aliso Viejo through land use decisions. The five Community Benefit Overlay (CBO) areas identified in the Land Use Element provide substantial new opportunities for housing development within the City, which, if combined with business support programs, can help to preserve or improve the current (2000) ratio of 0.94 jobs per housing unit. Work with property owners to develop these to provide new employment opportunities and a variety of housing types that encourages people to both live and work in Aliso Viejo.” 2024 Status of Implementation: According to the latest statistic available from the United States Census Bureau (2023), there were 28,945 full-time and part-time jobs (including self-employed) and 20,370 total dwelling units in Aliso Viejo in 2020. This equals a 1.42 jobs per housing unit ratio, an improvement of the 2000 ratio of 0.94 jobs per housing units.
IV-3: Outreach Objectives for Outlying Areas: “ Establish semi-annual community outreach objectives and promote City activities within the Via Iglesia area and residential areas east of Alicia Parkway.”
2024 Status of Implementation: The following are ongoing outreach activities performed or aided by the City in regard to the Via Iglesia area:
42 22
The City provides support to Iglesia Park HOA Boards to facilitate meeting space and community forums.
The City maintains contact with the Moulton Parkway HOA and keeps abreast of issues and events in the neighborhood.
Direct mailings are used as needed (not exceeding four mailings per year) with information regarding upcoming City sponsored events and meetings held at Iglesia Park Community Center.
The City consults with the Boys and Girls Club of Capistrano Valley to provide traditional out of school time programs in the areas of education and career development; the arts and technology; health and life skills; sports, fitness and recreation; and character and leadership development.
HOA Boards and residents are encouraged to subscribe to e-news updates provided by the City.
IV-4: Public Education Programs: “Use public education activities to accomplish the following objectives:
Protect residents from hazards associated with slope instability and flooding. Improve surface water quality. Educate residents regarding surface water quality pollutants, especially those that may result from community activities, such as car washes. Identify steep slope hazards and steps residents can take to make their homes and businesses safer.
Raise public awareness of fire safety issues including wild land fire prevention, where to take pets during fire-related evacuations, and the benefits of fire resistant slope cover.
Educate the public regarding proper disposal of household hazardous waste (including medical wastes) and other safety concerns related to improper use or storage of hazardous materials.
Ensure that residents are prepared for any problems associated with the San Onfore Nuclear Generating Station (SONGS).
Coordinate education activities and make materials available to residents. Utilize forums, flyers, brochures and the City’s website to accomplish these objectives.” 2024 Status of Implementation: The City has developed and implemented a comprehensive public outreach program for pollution prevention and solid waste recycling.
This program includes distribution of educational materials such as guidelines and best management practices, and trainings and workshops for residents and businesses.
To raise awareness for fire safety issues, OCFA has a program called “READY! SET! GO!”. “READY! SET! GO!” is about helping residents understand how their home’s location, surrounding vegetation, construction elements, and other factors place their property and them at risk during a wildfire. The goal of this program is to educate and engage residents in reducing the risk in their communities to help save lives and property.
IV-5: Geographic Information Systems: “Implement a Geographic Information System (GIS) to provide accurate mapping and detailed information pertaining to infrastructure, land use, public safety and environmental resources within the Planning Area. Add water and sewer information obtained from service providers to the City’s GIS system. Expand the GIS system to include information pertaining to street lights, parks, land use, zoning, trails, fire hydrants, City-owned lands, environmental resources, roadways, parcels subject to fuel modification plans, and emergency management information. Utilize the GIS system in tandem with engineering and 43 23
traffic models to evaluate the infrastructure impacts of new development within the City. These data will be shared with OCFA.”
2024 Status of Implementation: The City is currently researching strategies, costs, and timelines for expanding the City GIS system.
IV-6: Source Reduction and Recycling Element: “Continue to implement waste diversion programs as well as public education programs as outlined in the City’s Source Reduction and Recycling Element required by Assembly Bill 939.”
2024 Status of Implementation: As required by AB 939, AB 1826, and AB 1594 the City has developed and implemented a solid waste program with the objective of diverting at least 65% of solid waste from the landfill. The City has entered into an agreement with the City’s hauler (currently CR&R Environmental Services) to implement this plan and achieve the diversion goal.
IV-7: Improve City-University Connections: “Continue to work with Soka University of America representatives to encourage both physical and social connections between the City, local businesses and the University. Potential activities include coordinating planning activities with university facility planners, investigating the potential for shuttles between the University and Aliso Viejo Town Center, joint promotion of cultural and community events, standing committees to oversee joint activities, preservation of and public access to open spaces within the campus, and other activities.”
2024 Status of Implementation: The City continues to partner with Soka University of America to organize community events and activities. Open spaces on the University campus continue to be open and accessible for area residents, who utilize them for activities such as walking, jogging, and picnicking.
IV-8: Transportation Demand and System Management: “ Participate in regional efforts to implement Transportation Demand Management (TDM) requirements and support implementation of the employer TDM provisions of the South Coast Air Quality Management District Air Quality Management Plan. Complete intersection capacity improvements and coordinate traffic signals as necessary to improve traffic flow.” 2024 Status of Implementation: Intersection capacity improvements have been completed as indicated under Implementation Program II-6. The City contracts a traffic engineering firm to inspect and maintain its traffic signal operations and coordination programs.
Coordination programs have been incorporated on Pacific Park Drive, Aliso Creek Road, Alicia Parkway and La Paz Road. As required for Measure M2 eligibility, the City has implemented a Traffic Signal Synchronization Master Plan. The City also participates through OCTA in congestion management programs.
IV-9: Homeownership Assistance Program: “ Establish a City-sponsored Homeownership Assistance Program. Explore the feasibility and appropriateness of various programs to provide homeownership opportunities to lower and moderate income households. Programs to be evaluated include Mortgage Credit Certificates (MCC), Mortgage Revenue Bonds, Lease-to-own programs, etc.”
2024 Status of Implementation: A City sponsored Homeownership Assistance Program has not been established yet. However, in conjunction with Shea Homes, the City 44 24
established an affordable housing program that provides homeownership opportunities to lower income households. To date, all forty-three of the affordable units in the Glenwood development have been sold, and fifteen of the affordable units in the Vantis development have been sold. In 2024, staff continues to oversee the transfer of ownership for these affordable units to ensure that the individuals are meeting the requirements of the program. In addition, the County of Orange maintains a Mortgage Credit Certificates (MCC) program that includes qualified residents of Aliso Viejo.
IV-10: Conservation of Existing Affordable Units: “Monitor the status of multi-family housing projects with units affordable to households earning lower incomes. Pursue available options to preserve such affordable units.”
2024 Status of Implementation: Currently, Aliso Viejo has three multi-family housing projects with units affordable to households earning lower incomes. None of the units are at risk of converting to market-rate housing during this Housing Element period as the shortest deed restriction at these two locations is not due to expire until 2031. Should there be a change in the status of these housing projects, the City will monitor the deed restrictions or affordability covenants of affordable housing, notify residents of potential conversion to market-rate housing, and pursue options to preserve the affordable housing units.
Furthermore, all 43 low-income units within the Glenwood development and all 15 of the low-income units within the Vantis development have been constructed to date. As the units are constructed and sold to low-income buyers, the City will monitor deed restrictions on those units. There is a forty-five year affordability restriction on those units.
Vintage Aliso, a 202-unit senior low and very-low income development (includes two manager units) was constructed and opened in 2017, and staff will continue to monitor the affordability. Additionally, the 435-unit Vantis apartment complex was constructed and opened in 2017, and staff will continue to monitor the affordability of the 20 low income rental units contained within the 435-unit development.
Liberty at Aliso, a 200-unit senior low and very-low income development (includes two manager units) was constructed and opened in 2019, and staff will continue to monitor the affordability.
IV-11: Alternative Transportation Strategies: “Promote and encourage the use of electric and natural-gas fueled vehicles. Support efforts to promote development and use of other alternative transportation technologies that contribute to improved air quality. Consider future adoption of an ordinance requiring provisions for alternative fueled vehicles (e.g. charging or fueling stations) at or near major employment locations, shopping centers, public facilities and mixed-use developments.”
2024 Status of Implementation: Ordinance 2012-046 was approved by City Council on November 7, 2012 which included a provision that parking spaces for electric vehicle charging shall be credited toward the off-street parking requirements. In 2021, the Building and Planning staff continued to process permit requests for residential and commercial electric charging stations. Ordinance 2022-233 was approved by City Council on December 14, 2022, which amended Specific Plan No. 2 to allow sale, lease, and service of new electric vehicles and charging or alternative energy stations with incidental service and repair. Ordinance 2022-234 was approved by City Council on December 14, 2022, 45 25
which approved a Development Agreement between the City of Aliso Viejo and Valuerock Aliso Viejo, LLC and required the installation of eight publicly accessible electric vehicle charging stations. As of December 2024, the eight electric vehicle charging stations were installed and operational.
IV-12: Green Building Education and Training: “ Provide staff support and public education regarding the City’s proposed green building standards and methods of compliance.” 2024 Status of Implementation: As needed, the Building staff provides support and education regarding the California Green Building Code standards.
IV-13: Slope Monitoring and Remediation: “Continually monitor and encourage remediation of unstable slope areas, particularly in areas characterized by the presence of crib walls or where historical anecdotal evidence of instability exists.”
2024 Status of Implementation: City staff monitors slopes in the City and encourages remediation of unstable slope areas. Specifically, the City reviews for erosion and slope movement and discusses remedies with the property owners. The City contracts with a geotechnical firm for advanced investigations. The City has worked hand-in-hand with homeowner associations to repair five (5) landslides and is continually monitoring other areas of concern.
IV-14: New Fire Prevention Technology:“Support research and development of new technologies to prevent and suppress fires (e.g. foam treatments for new construction and other means). If appropriate, encourage OCFA to utilize such technologies to improve fire safety in Aliso Viejo.” 2024 Status of Implementation: Residential Fire Sprinklers: The City adopted the 2016 California Fire Code which includes a provision requiring installation of residential fire sprinklers within all new homes. In addition, the City adopted requirements for installation of sprinklers within existing homes undergoing significant reconstruction or expansion.
This technology nearly eliminates fire deaths and injuries, and reduces property damage by 60%.
Fire Hazard Severity Zone Map:The California Department of Forestry and Fire Protection used sophisticated computer modeling techniques to develop new statewide FHSZ maps.
The Fire Hazard Severity Zone Maps that were adopted by Council July of 2012 will improve decision making and regulatory processes and enhance survivability of new development within areas subject to wildfires.
Wildland Fire Test: Understanding the exact mode of building failure is critical to implementing strategies to reduce future losses resulting from wildfire. OCFA staff is participating in an international effort to understand how building components are impacted by wildfire. Results will be used to modify national building standards.
IV-15: Fuel Modification Zone Map and Notification: “Working collaboratively with AVCA and the Orange County Fire Authority, carefully investigate the status of fuel modification plans applicable to properties within the City and issue an educational notice to residents and property owners of lots with established fuel modification zones. Encode parcels subject to fuel modification plans within the City’s Geographic Information System (GIS), and prepare a map and notices to property owners describing the types of vegetation permitted and restricted within the applicable 46 26
modification zone. Amend the Safety Policy map (Figure S-1 in the Safety Element) in the future to incorporate this information.”
2024 Status of Implementation: Fuel modification is an engineered plan/program that protects neighborhoods and consists of a minimum of approximately 170 feet of irrigated and non-irrigated zones, setbacks, and a selection of appropriate plant palettes for each.
OCFA staff completed a GIS mapping project which depicts parcels affected by fuel modification and is available to City staff and property management companies. OCFA staff also engaged AVCA, property management companies, and landscape maintenance companies to improve understanding and acceptance of ongoing maintenance responsibilities.
IV-16: Hazardous Waste Transport: “Evaluate risks to the City posed by the transport of hazardous, nuclear and radiological waste through the City. Explore the possibility and feasibility of restricting or prohibiting transport of certain types of waste through the City.” 2024 Status of Implementation: Risks have been evaluated at specific locations in the City, on a case by case basis as the need arises.
IV-17: Nuclear Power Risks Reduction: “ Participate in programs and emergency response exercises with federal and State agencies and Southern California Edison to minimize community risks related to nuclear power plant production at the San Onofre Nuclear Generating Station (SONGS). Implement measures related to SONGS within the City’s Emergency Operations Plan (EOP) to ensure that residents are prepared for any problems associated with the facility.” 2024 Status of Implementation: While the City continues to be cognizant of disaster planning considerations, the San Onofre Nuclear Generation Station is not considered a danger to Aliso Viejo residents. The whole of Aliso Viejo is located outside of the five zones identified in the facility Emergency Planning Zone (EPZ) as areas potentially affected by an accident at the facility, which permanently ceased operating in June 2013.
The City’s Emergency Management Program Coordinator continues to work closely with Southern California Edison to stay current on the plant’s decommissioning status and the status of the spent fuel rods that are housed on site.
IV-18: Neighborhood Watch and Community Policing: “Continue to coordinate and promote citywide Neighborhood Watch and Community Oriented Policing programs.” 2024 Status of Implementation: Police Services continues to work with existing Neighborhood Watch programs in the City. Extra care is given towards revisiting and reinforcing existing programs.
IV-19: Former MCAS El Toro Contour Redevelopment Opportunities: “ Recognizing that Aliso Viejo was developed under land use, noise and safety restrictions associated with the former MCAS El Toro, monitor opportunities for redevelopment of formerly restricted areas within the City. Encourage redevelopment opportunities within these areas that improve the City’s fiscal stability, or accomplish other key General Plan objectives.” 2024 Status of Implementation: Since the adoption of the General Plan, the Planning department has monitored opportunities for redevelopment of formerly restricted areas within the City. The City employs an Economic Development consultant to devise methods 47 27
to encourage development opportunities within these areas that improve the City’s fiscal stability.
V-1: Development Community: “Work with the development community to achieve beneficial development within identified Community Benefit Overlay (CBO) areas. Coordinate with local developers to promote available development opportunities within the City, emphasizing available sites for clean light industrial development and projects that improve the City’s jobs-housing ratio.” 2024 Status of Implementation: The City is an active partner with the private development community in maintaining a jobs-housing ratio appropriate and beneficial to the City.
Specific Plans and/or Professional Office (PO) zoning (The Summit) have been adopted for each CBO area, along with development agreements which provide extra City benefits and project amenities which would not normally be provided, in return for greater development flexibility. Effective development agreements for all Community Benefit Overlay areas in the City help to ensure a proper jobs-housing balance.
V-2: Utility Companies: “Support efforts by Southern California Edison, Cox Communications, California Gas Company, cellular telephone service providers and other local utilities to research and consider use of the latest technological and infrastructure advances. Ensure through such coordination that Aliso Viejo remains on the cutting edge of new infrastructure technology. Where feasible and appropriate, promote the City as a reliable test site for new technologies.” 2024 Status of Implementation: The City issues permits and performs inspections as necessary in regard to construction of communications facilities. The City has worked with all utility companies that have infrastructure located in the City, including those laying fiber optic cables. The City has been working with multiple wireless telecom companies to deploy the latest small cell technology which is expected to use 5G technology.
V-3: Regional Economic Development Agencies: “Work with South Orange County Regional Chambers of Commerce and the Orange County Business Council in developing and implementing business attraction and retention programs. Pursue available grant funds to develop these programs. Joint efforts should seek to accomplish the following objectives:
Promote Aliso Viejo as a destination.
Build the City’s reputation as an excellent site for national or international corporate headquarters.
Attract clean industries that expand employment opportunities at all skill and wage levels. Attract recreation commercial and mixed-use projects desirable to both residents and visitors.
Support physical improvements of building facades or structures. Provide businesses technical assistance and access to enhanced technological infrastructure.
Assist businesses to understand City regulations and participate in City-sponsored programs, events, and activities.”
2024 Status of Implementation: The City actively works with regional and local business groups, such as the Orange County Business Council, the Orange County Building Industry Association, Aliso Viejo Chamber of Commerce, the Orange County Association of Realtors, and with the development community to facilitate business development and retention in Aliso Viejo In 2018, Planning staff worked with “Summit South,” formerly “Q- Logic,” to rebrand the location as “Element.” In 2019, Planning Staff worked with the new 48 28
owners, Glaukos, to obtain permits to modify the space to their needs. In 2023, the tenant improvements were completed.
1) In 2019, the Lowe’s Home Improvement Store closed which created a large vacancy in The Commons portion of the Aliso Viejo Town Center. In 2022, City Council approved a Site Development Permit for façade modifications to the former Lowe’s building and adjacent suites, a Development Agreement between the City and the property owners, and a Specific Plan Amendment to allow for the sales and service of non-internal combustion engine vehicles. In 2024, facade upgrades to the shopping center are currently underway, and the tenants will include a Tesla automotive dealership, a grocery store, recreational facilities and various restaurants.
V-4: Local School Districts: “Coordinate with the Capistrano, Saddleback Valley, and Laguna Beach Unified School Districts to address the following issues, as applicable:
Assist the school districts to update information in their Master Plans and Long-Range Facility Plans, identify future school and administrative facility sites, student generation formulas, and facility improvement plans.
Assist the school districts in their review of development proposals to ensure that development proposals are consistent with school facilities requirements. Coordinate any needed amendments to the City General Plan with applicable school districts.
Develop safe pedestrian and bicycle routes to all schools and ensure physical improvements (such as crosswalks and bike racks) are in place to support walking and bicycling to schools.
Explore non-structural solutions that may encourage people to walk or bus to school, rather than drive (e.g. staggered start times, walking groups, etc.) Coordinate bussing programs and expand ride-sharing opportunities to relieve congestion and improve safety conditions during school drop-off and pick-up times Enter into joint-use agreement to make additional recreational facilities available to the community during non-school hours
Work with the school districts to redraw attendance boundaries as needed to alleviate overcrowding.”
2024 Status of Implementation: The Planning staff assists as necessary the school districts to update information in their Master Plans and Long-Range Facility Plans, identify future school and administrative facility sites, student generation formulas, and facility improvement plans, and review of development proposals to ensure development proposals are consistent with school facilities requirements. To date, the City has not yet been requested to coordinate any needed amendments to the General Plan with applicable school districts. The Public Works Department and Police Services coordinates with the school districts regarding developing safe pedestrian and bicycle routes.
Walk to School Day is a collaborative partnership with the Aliso Viejo public schools and Aliso
Viejo Police Services to reinforce children’s good pedestrian safety skills, to remind adults to drive safely in school zones, and to promote physical activity for children to stay strong and healthy. Walk to School Day also provides an opportunity for children and adults to observe and report any unsafe traffic, street or sidewalk conditions or situations to the City Engineer and the Chief of Police Services.
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The City completed work through a partnership with the Aliso Viejo Community Association to provide improvements (lights, restrooms, shelters) to various parks owned and maintained by the Association.
In March 2015, the City Council established an Ad hoc committee with representatives of Capistrano Unified School District to discuss issues of mutual interest.
V-5: Soka University of America: “Coordinate with Soka University of America to facilitate completion of the university campus consistent with the approved University Master Plan.
Continue to participate in other activities to promote a mutually-beneficial relationship between the University and the City. Work with the University to ensure public access to trailheads on University property.”
2024 Status of Implementation: In 2017, the City worked with Soka University of America to complete the latest phase of the University Master Plan, which included a new science building and residential dormitories. In 2020, construction was completed for the latest phase, as well construction of the Soka Observatory.
V-6: Aliso Viejo Community Association (AVCA): “ Continue to work with AVCA to achieve the following objectives:
Ensure that parks and trails are maintained, and new facilities are constructed to meet the needs of new City residents.
Identify demand and a site for a community center.
Ensure provision of pedestrian and bicycle facilities to serve neighborhood areas. Ensure that landscaping, park maintenance and other services provided by AVCA employ water conservation measure, use recycled water if available from water suppliers, and prevent groundwater pollution from fertilizer application and other potential pollutants. Support AVCA efforts to acquire land to protect Aliso Creek and other surface water bodies from encroachment.
Support implementation of AVCA’s Parks and Recreation Master Plan. Encourage community-organized activities and events at AVCA parks and recreational facilities.
Increase access to active recreational opportunities, particularly for children, teens and seniors.
Identify and fill gaps in the recreational trail system. Identify alternative emergency water sources, such as private swimming pools, to assist in fire suppression activities.
Carefully investigate the status of fuel modification plans applicable to properties within the City.
Encourage development and operation of community and recreational facilities as a preventative strategy to reduce youth criminal activity.” 2024 Status of Implementation: The City completed work through a partnership with the Aliso Viejo Community Association and completed improvements (lights, restrooms, shade structures) to various parks owned and maintained by the Association. The City ensures park maintenance and other services provided by AVCA employ water conservation measures through use of Water Quality Management Requirements for homeowner associations and property management companies. The City collaborates closely with AVCA in providing community-building and recreational opportunities for Aliso 50 30
Viejo residents. In March 2015, the City Council established an Ad hoc committee with representatives of AVCA to discuss issues of mutual interest.
V-7: Orange County Public Library (OCPL): “Work with the Orange County Library (OCPL) to ensure the California State Library recommended standard of 1.5 books and 0.5 square feet per capita is maintained and the City’s library services needs are met as future development occurs.” 2024 Status of Implementation: Although the Orange County Public Libraries system does not keep these types of statistics for each of its branches, information is available for the County-wide system. The most recent statistic available is for the 2016-2017 fiscal year where the Orange County Public Libraries had 1.53 book volumes per capita. Therefore, the book volume statistic is above the 1.5 recommended standard.
V-8: Transportation Corridor Agency (TCA): “Continue to work with the Transportation Corridor Authority (TCA) to reduce tolls for short distance trips along SR-73 to alleviate local traffic congestion, improve community safety, and reduce noise and air quality impacts within the City.
Encourage TCA to schedule landscape maintenance and construction projects during non-peak hours to reduce traffic impacts on the Transportation Corridor and City Streets. Work with TCA to achieve attractive, well-maintained low-water landscaping within the Transportation Corridor that provides effective erosion control.”
2024 Status of Implementation: The City has encouraged TCA to plant drought-tolerant landscaping adjacent to Transportation Corridor entry and exit points within Aliso Viejo.
Construction projects have been coordinated with the City to minimize local impacts. Tolls have been eliminated during special events that detour traffic to SR-73.
V-9: Adjacent Jurisdictions:“Continue to coordinate intersection maintenance and improvements with adjacent jurisdictions to ensure that intersections along Moulton Parkway, Alicia Parkway and El Toro Road operate at Level of Service D or better, or at service levels consistent with OCTA Congestion Management Plan (CMP) requirements. Collaborate with adjacent jurisdictions to investigate the feasibility of improving current pedestrian and bicycle crossings at these intersections, or providing overcrossings of these roadways to improve safety conditions.
Continue to coordinate with neighboring jurisdictions to provide adequate levels of police services within the community.”
2024 Status of Implementation: The City continues to perform ongoing collaboration with adjacent cities, especially concerning roadways that join those communities with Aliso Viejo. Recent work on El Toro Road to improve the intersection at Aliso Creek Road has been a joint effort between the City and the City of Laguna Woods.
V-10: Orange County Transportation Authority (OCTA): “ Work closely with the Orange County Transportation Authority (OCTA) to achieve the following:
Maintain consistency with the County Master Plan of Arterial Highways (MPAH) within the City.
Implement the OCTA Congestion Management Plan (CMP) within the City. Expand and improve bus service within the City.
Encourage provision of attractive and appropriate transit amenities, including shaded bus stops.
Provide special transit services (such as direct shuttle or dial-a-ride services). 51 31
Support and implement the OCTA Commuter Bikeways Strategic Plan and participate in future updates and revisions to the Plan.
In addition, coordinate with Caltrans on all plans, activities, and projects which may affect State roadway facilities.”
2024 Status of Implementation: The Public Works/Engineering Department maintains consistency with the County Master Plan of Arterial Highways (MPAH) and implements the OCTA Congestion Management Plan (CMP) within the City via Measure M. The Department works with OCTA in support of the OCTA Commuter Bikeways Strategic Plan in the Aliso Viejo Streets and Trails Master Plan. Staff coordinates with Caltrans on all plans, activities, and projects which may affect State roadway facilities.
V-11: Orange County Housing Authority (OCHA): “Assist the Orange County Housing Authority (OCHA) in promoting the use of Section 8 Housing Choice Vouchers and Special Needs Group Rental Assistance Programs in Aliso Viejo. Specifically, make referrals to OCHA, advertise the programs on the City website and newsletters, and distribute information at the public counters and Family Resource Center.”
2024 Status of Implementation: The Orange County Housing Authority is not currently accepting applications for rental assistance through the Housing Choice Voucher program. Special Needs Group Rental Assistance is available, but only through referrals.
The City makes available a copy of the 2024 County of Orange Affordable Rental Housing List to residents at the City’s public counter.
V-12: Local Water Districts: “Continue to work with the Moulton Niguel and El Toro Water Districts to implement their Urban Water Master Plans and ensure that adequate water supplies are available to meet the needs of current and future growth. Support efforts by these agencies to research and employ new technologies that improve water and sewer services and/or sustainability of water supplies serving Aliso Viejo.”
2024 Status of Implementation: The City works with the two water districts to ensure new projects can be served by water. The City also works with both districts to provide meetings, workshops and public outreach materials as part of a collaborative community effort to eliminate irrigation runoff.
V-13: Land Acquisition Organizations: “Support efforts by public and private organizations to acquire land for the following purposes:
To protect Aliso Creek and other surface water bodies from encroachment; To establish ecological or biological resource conservation easements; and/or To be set aside as permanent open space.”
2024 Status of Implementation: The City supported establishment of a new wetland area as part of the Glenwood development built by Shea Homes. This wetland biologically treats urban runoff to reduce pollutants such as bacteria prior to being discharged into Aliso Creek. The City works with homeowners association and OC Vector Control to assure proper maintenance of the wetland. The City partnered with the adjacent cities of Laguna Woods, Laguna Hills, and Lake Forest to fund and construct a wetland to treat urban runoff from the Dairy Fork sub-watershed of Aliso Creek. 52 32
V-14: San Diego Regional Water Quality Control Board (SDRWQCB): “Comply with all provisions of the National Pollutant Discharge and Elimination System (NPDES) permit, and support regional efforts by SDRWQCB to improve and protect water quality.” 2024 Status of Implementation: See implementation programs I-8 and III-3.
V-15: Central and Coastal Orange County NCCP/HCP: “Support further implementation of the Central and Coastal Orange County Natural Communities Conservation Program/Habitat Conservation Program by the County of Orange. Participate in any future updates to these Plans.”
2024 Status of Implementation: Aliso Viejo is part of the South Orange County Watershed Management Area. The City entered into a cooperative agreement in 2010 for Regional Water Quality Projects. The City participates in the regional efforts for pollution prevention as part of Laguna Coastal Stream and Aliso Creek Watershed area. The City has also developed a Hot Spot Elimination Program for pollution prevention in response to the Aliso Creek Directive issued by the San Diego Regional Water Quality Control Board in 2003.
In compliance with the Bacteria Total Maximum Daily Loads (TMDLs) adopted in 2010 by the San Diego Regional Water Quality Control Board, the City is currently working with other South Orange County cities on the development of a comprehensive load reduction plan for pollutants in both dry weather urban runoff and stormwater. Compliance with the TMDLs must achieve April 4, 2021 for dry weather and by April 4, 2031 for wet weather load reductions.
Furthermore, staff implements AVMC Section 15.26.050(E)(1)(a), which reads “environmentally sensitive habitat areas and areas within the CZ designated as ”NCCP (Natural Community Conservation Plan) Habitat Reserve’” in the General Plan Conservation/Open Space Element shall be protected against any significant disruption of habitat values.”
V-16: Air Quality Management Plan: “Work with the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SCAG) to implement the Air Quality Management Plan and meet all federal and State air quality standards for pollutants.
Participate in any future amendments and updates to the Plan. Implement and interpret the General Plan in a manner consistent with the Air Quality Management Plan.” 2024 Status of Implementation: The City participated in general Air Quality Management Plan (AQMP) discussions and has determined that it is consistent with the General Plan.
Additional goals and policies will be considered during future updates in furtherance of the AQMP.
V-17: Aliso and Wood Canyons Wilderness Park: “Coordinate with the County of Orange to secure permanent access easements and establish additional trailheads to Aliso and Wood Canyons Wilderness Park. Pursue completion of a trail within the Park that connects Aliso Viejo to the beach. Discourage illegal entry into the Park to minimize adverse effects to sensitive areas and vegetation.”
2024 Status of Implementation: Together with the County of Orange, the City discourages public access to the Wilderness Park through residential areas. The City continues 53 33
working with OC Parks, AVCA and the homeowner associations to secure and maintain access to Wilderness Park and maintain a secure gate to prevent unauthorized access.
V-18: Orange County Hazardous Waste Reduction Program:“Encourage residents to participate in the County’s Hazardous Waste Reduction Program. Continue to identify locations where residents can dispose of household hazardous wastes at public counters and on the City’s website.”
2024 Status of Implementation: This program is managed by Orange County Waste & Recycling, which owns and operates two Household Hazardous Waste Disposal facilities nearby in Irvine and San Juan Capistrano. The City provides information and outreach materials to its residents and businesses regarding the program.
V-19: Orange County Fire Authority (OCFA):“Work closely with the Orange County Fire Authority (OCFA) to implement fire hazard education and fire prevention programs, including fuel modification programs and controlled burns. Coordinate with OCFA to ensure that water pressure for urban areas and sites to be developed is adequate for fire-fighting purposes. Coordinate with OCFA to implement the Hazardous Materials Area Plan within Aliso Viejo. Continue to support OCFA’s Swift Water Rescue Teams, which are equipped to respond to flooding crisis situations.” 2024 Status of Implementation: The City maintains a Hazard Mitigation Plan to identify natural and other hazards potentially impacting Aliso Viejo and to reduce the risks and losses of hazard events. It identifies mitigation activities, policies and programs, and mitigation strategies for the future.
V-20: Orange County Sheriff’s Department (OCSD):“Coordinate with the Orange County Sheriff’s Department (OCSD) to increase public awareness about criminal activity and crime prevention activities. Ensure that mutual aid agreements between the Sheriff’s Department and the police departments of surrounding jurisdictions are in place for emergency situations. Coordinate with the Orange County Sheriff’s Department and the California Highway Patrol to enforce the California Vehicle Code pertaining to noise standards for cars, trucks, and motorcycles.” 2024 Status of Implementation: Interagency coordination remains a high priority for the Public Safety Department. This includes collaborating on activities such as:
Coordinating tours of the police station for Boy Scouts and other groups, Enforcing vehicle codes,
Making public safety resources available to residents online, including access to information on crimes in Aliso Viejo,
Being an active participant of the AlertOC program that communicates emergency information to local residents and businesses,
Creating safety tips for disseminating to Neighborhood Watch groups in the City; and Attending community meeting at multi-family complexes.
V-21: Orange County Flood Control District (OCFCD): “Coordinate with the Orange County Flood Control District (OCFCD) to ensure regularly scheduled maintenance of flood control channels and completion of necessary repairs. Coordinate with the OCFCD and water districts regarding any needed improvements to existing above ground water tanks. Work with the District to identify new flood control improvements, and establish installation programs for improvements. In addition, coordinate with the County of Orange Subdivision and Grading Services concerning water quality issues.”
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2024 Status of Implementation: The City of Aliso Viejo and the Orange County Flood Control District operate under the same State NPDES permit for discharges of runoff from the municipal separate storm sewer systems. In compliance with this permit, the OCFCD as principal permittee operates and maintains storm water programs that cover the south Orange County area including the floor control structures within the City.
V-22: Trucking Industry: “Work with trucking industry representatives to orient trucks to major roadways identified as truck routes to avoid traffic and noise impacts on local roadways.
Designate new local truck routes when necessary. Require adequate truck access, parking, and loading within new commercial and industrial projects.” 2024 Status of Implementation: The City continues to consider truck traffic as a component of traffic management. An example of such efforts consisted of discussions between the City and the United States Postal Service regarding routes for postal service vehicles.
Progress of General Plan and Zoning Code Amendments and Major Developments The following is a discussion of amendments to the General Plan and Zoning Code, and significant development projects in calendar year 2024:
General Plan: In 2024, there were no amendments to the General Plan.
Zoning Code Updates: In 2024, three Zoning Code amendments and three Zoning Map amendments were processed.
1) On March 6, 2024, the City Council adopted Ordinance 2024-237 which amended the City’s zoning code to comply with changes in state law related to low barrier navigation centers, group quarters, and employee housing.
2) On April 17, 2024, the City Council adopted Ordinance 2024-238 which amended the Zoning Map to add a mixed-use/residential overlay district at 1 Columbia, a portion of the Aliso Viejo Town Center, 26800-26880 Aliso Viejo Parkway, 35 Journey, 2A Liberty, and 27231 Aliso Viejo Parkway to address the shortfall of sites to accommodate the Regional Housing Needs Allocation and ensure compliance with the Housing Element. 3) On April 17, 2024, the City Council adopted Ordinance 2024-239 which amended the City’s zoning code to allow up to 90 dwelling units per acre in the mixed-use/residential overlay district.
4) On June 5, 2024, the City Council adopted Ordinance 2024-240 which added a mixed- use/residential overlay district at 1 Polaris to allow residential uses in addition to the existing office use.
5) On September 4, 2024, the City Council adopted Ordinance 2024-242 which added a mixed- use/residential overlay district at 4 and 5 Polaris to allow residential uses in addition to the existing office use.
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6) On September 18, 2024, the City Council adopted Ordinance 2024-243 which amended the City’s zoning code to comply with state ADU laws in response to a letter from HCD.
Development Projects: In 2024, there was significant activity on a project of City-wide importance in Aliso Viejo.
2) The Commons at Aliso Viejo Town Center: In 2019, the Lowe’s Home Improvement Store closed its doors, in addition to 51 other stores in the United States and Canada. The property owners approached the City regarding potential redevelopment of the site to include a mix of uses, including retail, residential, office and hotel space. At the behest of the City, the property owner held a weeklong design charrette, in which the community and stakeholders were encouraged to participate. In 2022, City Council approved a Site Development Permit for façade modifications to the former Lowe’s building and adjacent suites, a Development Agreement between the City and the property owners, and a Specific Plan Amendment to allow for the sales and service of non-internal combustion engine vehicles. In 2024, facade upgrades to the shopping center are currently underway, and the tenants will include a Tesla automotive dealership, a grocery store, recreational facilities and various restaurants.
General Plan Statement of Compliance
The General Plan and its implementation measures are in compliance with state law and guidelines concerning general plans.
Housing Element Annual Progress Report
The GP APR includes the Housing Element (HE) APR, which is a status update on the Housing Element’s progress and implementation in meeting its required share of regional housing needs and local efforts to remove government constraints on housing. The HE APR must:
1. Be prepared through the use of forms and definitions adopted by HCD;
2. Describe the City’s actions towards completion of the programs and status of the City’s compliance with the deadlines in its housing element; and
3. Be considered at an annual public meeting before the City Council where members of the public shall be allowed to provide oral testimony and written comments.
On June 7, 2023, the City adopted its 6th Cycle Housing Element, which was certified by the California Department of Housing and Community Development. In compliance with the California Government Code section 65400(a)(2)(B), the attached 2024 Housing Element Annual Progress Report (Appendix A) provides a status update as to the implementation and progress of the Sixth Cycle Housing Element.
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Appendix A
Housing and Community Development Department Annual Housing Element Progress Report Forms
57 Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
v_02_12_25
Please Start Here
General Information
2024
Aliso Viejo
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You
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from. Project and program data will be copied exactly
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12 Journey, Suite 100
Aliso Viejo
92656
So
Kim
Community Development Director
[email protected]
9494252527
Mailing Address
Annual Progress Report January 2020
58 Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing.
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RHNA credit is only given for building permits issued during the reporting year.
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Submittal Instructions
Please save your file as Jurisdictionname2024 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2024 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected]
and HCD will send you
the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and
to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
59 Jurisdiction Aliso Viejo
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
1 1
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 2 1 0
Mobile/Manufactured Home 0 0 0
Total 2 1 0
Infill Housing Developments and Infill Units Permitte
d # of Projects Units
00 11
3 44
0 0
0 0
Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022) 00
SB 6 (2022) 00
SB 423 (2023) 00
Ministerial and Discretionary Applications # of Units
Ministerial 00
Discretionary 34 4
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 3 Number of Units in Applications Submitted Requesting a Density Bonus 44 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 13 18
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
60 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 34 67 8 9
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income
Deed
Restricted
Very Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total
PROPOSED
Units by
Project
Total
APPROVED
Units by
project
Total
DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Summary Row: Start Data Entry Below 73 3 5 0 2 6 0 4 4 0 0 629-101-16
26501 Aliso Creek Rd Avalon Bay SDP-2022-00004 5+ O
8/12/2024
3 5 26 34 NONE Yes
623-091-01 95 Argonaut SDP-2024-00001 5+ O
9/24/2024
3 3N O N E Y e s
623-141-012 400-700 Freedom Lane SDP-2024-00002 5+ O
10/24/2024
7 7N O N E Y e s
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
61 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Table A2
23 56 89
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date Approved
# of Units
issued
Entitlements
Very Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building
Permits Date
Issued
# of Units Issued
Building Permits
Summary Row: Start Data Entry Below 0000 0 02 2 00 0 0 0 01 1 623-301-47 43 Solitaire Lane DRP-2023-00004 ADU O 1 4/25/2024 1 0 623-174-09 2 Firecrest BLDR-2024-00140 ADU O 1 6/25/2024 1 1 6/5/2024 1 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits 4 7
Note: "+" indicates an optional field
Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 62 Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Very Low-
Income
Deed
Restricted
Very Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms
of readiness
How many of
the units
were
Extremely
Low Income?
Please select the
state
streamlining
provision the
project was
APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable in
perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Notes
+
0 0000 0 0 0 0 0
0N O N E N
0N O N E N
Density BonusAffordability by Household Incomes - Certificates of Occupancy 10 Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units
63 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection
Period 34
RHNA Allocation
by Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 386 - - - - 1 - - - - - 1 385 1,195
- - - - 1 - - - - - 1 1,194 5 67
Extremely low-
Income Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
195 - - - - - - - - - - 195 VLI Deed Restricted
VLI Non Deed Restricted
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 205
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. - Moderate
390
214
205
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
390
214
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. 64 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of
Rezone Rezone Type
2 4567 9 1 0 1 1
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very Low-
Income Low-Income Moderate-
Income
Above
Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning
Minimum
Density
Allowed
Maximum
Density
Allowed
Realistic
Capacity Vacant/Nonvacant Description of
Existing Uses
345 343 270 99 1057
623-141-01 1 Columbia 4/17/2024 18 18 6 18 Shortfall of Sites 2 Mixed- Use/Residential
Mixed-
Use/Residential
30 90 60 Non-Vacant Operating office building
629-321-44 Enterprise & Aliso Creek
Rd
4/17/2024 24 24 24 Shortfall of Sites 1 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 72 Non-Vacant Parking lot
629-321-42 Enterprise & Aliso Creek
Rd
4/17/2024 10 10 9 Shortfall of Sites 0.4 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 29 Non-Vacant Parking lot
629-321-43 Enterprise & Aliso Creek
Rd
4/17/2024 17 17 16 Shortfall of Sites 0.7 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 50 Non-Vacant Parking lot
629-321-48 Enterprise & Aliso Creek
Rd
4/17/2024 34 34 33 Shortfall of Sites 1.4 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 101 Non-Vacant Parking lot
629-321-20 Enterprise & Aliso Creek
Rd
4/17/2024 5 5 4 Shortfall of Sites 0.2 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 14 Non-Vacant Parking lot
629-321-41 Enterprise & Aliso Creek
Rd
4/17/2024 24 24 24 Shortfall of Sites 1 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 72 Non-Vacant Parking lot
629-321-17 Enterprise & Aliso Creek
Rd
4/17/2024 12 12 12 Shortfall of Sites 0.5 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 36 Non-Vacant Parking lot
629-321-45 Enterprise & Aliso Creek
Rd
4/17/2024 17 17 16 Shortfall of Sites 0.7 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 50 Non-Vacant Parking lot
629-321-01 Enterprise & Aliso Creek
Rd
4/17/2024 8 7 7 Shortfall of Sites 0.3 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 22 Non-Vacant Parking lot
629-321-02 Enterprise & Aliso Creek
Rd
4/17/2024 17 17 16 Shortfall of Sites 0.7 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 50 Non-Vacant Parking lot
629-321-03 Enterprise & Aliso Creek
Rd
4/17/2024 8 7 7 Shortfall of Sites 0.3 Mixed-
Use/Residential
Mixed-
Use/Residential
30 90 22 Non-Vacant Parking lot
629-451-07 26800 Aliso Viejo Pkwy 4/17/2024 18 18 6 18 Shortfall of Sites 2 Mixed- Use/Residential
Mixed-
Use/Residential
30 50 60 Non-Vacant Operating office building
629-451-08 26840 Aliso Viejo Pkwy 4/17/2024 18 18 6 18 Shortfall of Sites 2 Mixed- Use/Residential
Mixed-
Use/Residential
30 50 60 Non-Vacant Operating office building
629-451-09 26880 Aliso Viejo Pkwy 4/17/2024 27 27 9 27 Shortfall of Sites 3 Mixed- Use/Residential
Mixed-
Use/Residential
30 50 90 Non-Vacant Operating office building
632-134-07 35 Journey 4/17/2024 18 18 6 18 Shortfall of Sites 2 Mixed- Use/Residential
Mixed-
Use/Residential
30 50 60 Non-Vacant Operating office building
632-
133-06 2A Liberty 4/17/2024 34 34 33 Shortfall of Sites 1.4 Community Facility
Community
Facility
30 90 101 Non-Vacant Church
632-122-04 27231 Aliso Viejo Pkwy 4/17/2024 36 36 36 Shortfall of Sites 1.5 Community Facility
Community
Facility
30 90 108 Non-Vacant Church
629-101-16, 629-101-
17, 629-101-188
26501 Aliso Creek Road The Commons 11/6/2005 9 9 18 326 Shortfall of Sites 4.4 Specific Plan Specific Plan 30 90 362 Non-Vacant Parking Lot 632-141-12 to 632-141-
15 400-700 Freedom Lane 1/22/2014 170 170 169 Shortfall of Sites 7.065 Mixed- Use/Residential,
Business Park
Mixed-
Use/Residential,
Business Park
30 90 509 Vacant Vacant
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
65 Jurisdiction Aliso Viejo
Reporting Year 2024 (Jan. 1 - Dec. 31)
12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Adequate Sites for New Housing and
Monitoring of No Net Loss
1) Rezone sites idenifited in Housing
Element
2) Contact Freedom Lane property owner to
help expediate a lot merger to consolidate
the four lots
3) Permit owner-occupied and rental
multifamily uses by-right with 20% or more
affordable to lower-income
4) Monitor compliance with SB 166 and
develop a procedure to track unit count and
income/afforablilty on parcels in the site
inventory, actual units constructed, net
change in capacity and summary of
remaining capacity in meeting remaining
RHNA
5) Report annually to HCD on program in
implementing this program
1) 12/31/2024
2) 12/31/2024
3) 12/31/2024
4) 12/31/2024 and annually
thereafter
5) Annually
1) City Council adopted Ordinance 2024-238 to rezone the identified sites on 4/17/2024 2) A lot line adjustment application to consolidate the lots was submitted on 11/24/2024 3) Ongoing
4) Planning staff has and will continue to monitor the affordable units counts on parcels in the site inventory
5) Ongoing
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, a nd development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 66 Facilitate the Provision of Affordable
Housing
1) Process a code amendment
concurrent with adoption of Housing
Element to update the City's density
bonus regulations in conformance with
current State law
2) Annually update website information
and contact non-profit organizations
and affordable housing developers via
written correspondence to explore
opportunities for affordable housing
3) Annually explore various sources of
funding opportunities, including those
available for low income households
4) Apply for or support applications for
affordable housing funds for projects or
programs that are consistent with the
goals and objectives within this
Housing Element
1) December 2028
2) Annually
3) Annually
4) Throughout the
planning period
1) Ongoing
2) Staff will continue to update the website immeidately after receiving updated information.
3) Staff will continue exploring funding opportunities. 4) Applied for and was awarded the Permanent Local Housing Allocation Program (PLHA) grant.
Homeownership Assistance
Programs
Provide MAP, MCC, and CHDAP program
information on the City's housing web page
Throughout the planning
period
As homebuyer assistance information becomes available from the County of Orange or non-profit agencies, staff does and will continue to make available the information on the City's website and at the public counter. Additionally, when one of the 58 affordable, owner-occupied units become available, an interest list of potential buyers is provided to the seller.
Section 8 Housing Choice Vouchers Annually promote the use of Housing Choice Vouchers by providing informational
material to rental property managers and to
the community through various
communication outlets including print and
social media
Throughout the planning
period
The City has and will continue to make referrals to the Orange County Housing Authority regarding Section 8 Housing Choice Vouchers.
67 OCHA Special Needs Groups Rental
Assistance Program
Continue to assist OCHA in promoting its
Special Needs Groups Rental Assistance
Programs in Aliso Viejo with the objective of
expanding assistance to additional
households with special needs. Specifically,
the City will make referrals to OCHA,
advertise the program on City website and
newsletters, and distribute information at
the public counter at City Hall.
Throughout the planning
period
The City has no ability to determine funding levels or the number of persons served by these programs, but will continue to promote these assistance programs on the City website and other locations.
City Grants for Special Needs Group To continue to support and provide grant funding to a variety of local non-profit
service based organizations to serve the
community’s needs.
Throughout the planning
period
The City provided Human and Social Services community assistance grant to various non-profit agencies for homeless prevention programs, programs for the disabled, and domestic violence support programs in 2024.
Code Enforcement One annual educational campaign about
maintenance requirements on social media
by December 31 of each year, and a
minimum of one referral annually to
programs that provide financial assistance
for rehabilitation.
Throughout the planning
period
Ongoing
Conservation of Existing and Future
Affordable Units
To maintain existing and future affordable
units and prevent them from converting to
market- rate units.
Throughout the planning
period
Planning staff has and will continue to monitor the affordable units. In 2024, the City did not receive any notices for potential conversions.
Streamlined Residential Permit
Processing
Minimize permit processing time with a gola
of processing complete applications within
60 days for Director Approval and 90 days
for City Council approval to reduce
development costs for affordable housing.
Throughout the planning
period
Planning staff continues to work diligently with applicants to minimize permit processing time for proposed housing developments. Additionally, with the implementation of a new land management software system in 2022, processing times for entitlement and building applications has been reduced.
Housing for Persons with Special
Needs
Facilitate the provision of
transitional/supportive housing, emergency
shelters, low barrier navigation centers,
residential care facilities and agricultural
employee housing consisent with State law.
Throughout the planning
period
On March 6, 2024, City Council adopted Ordinance 2024-237 which amended the Zoning Code to comply with AB 101, AB 139, and AB 2162 as well as adding a "group quarters" land use for seven or more persons. The City has and will continue to make referrals to the Orange County Housing Authority regarding Special Needs Group Rental Assistance.
68 Accessory Dwelling Units 8 ADUs duri ng the planning period Throughout the planning period
City received two ADU applications, which are under review. On September 18, 2024, the City Council adopted an Ordinance 2024-243 which updated the City’s ADU & JADU regulations to comply with state laws.The City will continue to encourage ADU production through targeted public information and identification of a designated planner to provide assistance to ADU applicants.
Affirmatively Furthering Fair Housing 1) Inform residents and owners on fair housing issues and assist in getting their
housing concerns and issues addressed by
the appropriate agencies over the eight
year planning period.
2) Continue to support fair housing services
in Aliso Viejo by advertising fair housing
services on the City website and at the
public counter at City Hall, library, post
office, and other community locations.
3) Continue to implement administrative
procedures set forth in Municipal Code
Chapter 15.66 to ensure reasonable
accommodation in housing for persons with
disabilities.
4) Continue to implement actions to
affirmatively further fair housing as
described in the 2020-2024 Orange County
Analysis of Impediments to Fair Housing
Choice.
Throughout the planning
period
Through the Fair Housing Foundation, the City continues to conduct landlord education campaigns to educate property owners about State law prohibiting discrimination based on household income. City staff continues to attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
Encourage Energy Conservation Provide energy conservation education to residents with a goal of five solar panels
installations a year.
Throughout the planning
period
Ongoing
69 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning 6th Cycle 10/15/2021 - 10/15/2029
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
70 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024
(
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document
how each unit complies with subsection (c) of
Government Code Section 65583.1+.
For detailed reporting requirements, see the
chcklist here:
Extremely Low-
Income
+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+
TOTAL
UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preserva tion, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to resident ial units pursuant to Government Code section 65583.1(c)(1)(D) ar e considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
71 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an
optional field
Reporting
Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 00 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
72 Jurisdiction Aliso Viejo
Reporting
Period 2024
(Jan. 1 - Dec.
31)
Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in
the Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting
73 Jurisdiction Aliso Viejo Note: "+" indicates an optional field Reporting
Period 2024
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
12 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory of
ALL surplus/excess lands the reporting
jurisdiction owns
Summary Row: Start Data Entry Belo
w
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 74 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
Units
(Beds/Student
Capacity)
Notes
23 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student
Housing)
Date
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government
Code65915(b)(1)(F)
Annual Progress Report January 2020
75 Jurisdiction Aliso Viejo ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
No
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.
Notes
76 Jurisdiction Aliso Viejo
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes
Preliminary Analysis $8,400.00 $8,400.00 None
Housing Element Analysis and
Prep $104,536.00 $37,035.00 None
Public Meetings/Hearings $6,450.00 $1,650.00 None
CEQA Review $17,550.00 $3,900.00 None
Zoning Amendments $4,050.00 $2,700.00 None
Contingency (10%) $9,014.00 $0.00 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
2 2
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
1 1
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
150,000.00$
Task Status
Completed
Completed
Completed
Completed
Completed
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
77 60367.01100\34434765.2
City of Aliso Viejo
AGENDA ITEM
DATE: March 19, 2025
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works/City Engineer SUBJECT: AGREEMENT WITH HF&H CONSULTANTS FOR SOLID WASTE
HAULER COMPLIANCE AUDIT SERVICES
Recommended Actions:
1. Award an agreement to HF&H Consultants for Solid Waste Hauler Compliance Audit Services;
2. Authorize the City Manager to execute a professional services agreement with HF&H Consultants; and
3. Authorize City staff to make total compensation to HF&H Consultants up to $62,444 plus $6,244 (10% of the agreement amount) to allow for contingencies, totaling $68,688.
Fiscal Impact:
Total fiscal impact will be approximately $68,688. Funds are available to start the audit in FY 2024-25 and will be included in FY 2025-26 if necessary to complete the audit. The solid waste hauler is responsible for funding the audit services and will reimburse the City upon completion.
Background:
HF&H has worked with the City since 2015 and completed negotiations of the amended and restated solid waste franchise agreement in 2017, 2019 and 2021. The amendments in 2019 and 2021 were mainly regarding changes required by the organic waste State regulations.
Staff requested proposals from three consulting firms to provide auditing services. The only proposal received was from HF&H and it incorporates all elements required by the integrated solid waste management agreement.
78 60367.01100\34434765.2
Discussion:
Per the agreement for integrated solid waste management services, the records, accounting records, and records of affiliated companies if any, shall be subject to audit and inspection by the City, its auditors or other agents, at any reasonable time. The contracted solid waste hauler (CR&R) is required to fund triennial audits. The hauler- funded audit was last performed during 2022 based on the Contractor's reports and records for calendar year 2021. The 2025 audit will be based on the reports and records for calendar year 2024.
The objectives for the 2025 audit are as follows:
1. Determine if customers have received the service they are paying for with respect to residential cart service.
2. Confirm the accuracy of franchise fee payments.
3. Verify disposal tonnage reported to the City is consistent with Contractor’s records and data reported to the Orange County Landfill System.
4. Verify compliance with minimum diversion requirements.
5. Review missed pick-ups included in Contractor’s customer service reports to determine if the completion of pick-ups is being logged and resolved in accordance with the requirements of Section 4.10.1.3.
6. Confirm the age of collection vehicles used within the City does not exceed an average of ten years, per Section 4.10.2.C.
Staff respectfully recommends awarding HF&H this agreement as a reputable firm, an expert in solid waste agreements, and its previous experience with the City.
Attachment:
1. Agreement
79 2018-60367.01100\30610656.2 - 1 -
CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
SOLID WASTE HAULER COMPLIANCE AUDIT SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 20___, 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 HF&H Consultants, LLC, a Limited Liability Company , with its principal place of business at 590 Ygnacio Valley Rd. Suite 105, Walnut Creek, CA 94596 (“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 Solid Waste Hauler Compliance Audit 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 solid waste consulting consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Soild Waste Hauler Compliance Audit project (“Project”) as set forth in this Agreement.
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 Solid Waste Hauler Compliance Audit 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 T
erm . The term of this Agreement shall be from April 1, 2025 to June 30, 2028, 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 80 2018-60367.01100\30610656.2 - 2 -
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 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 S
chedule of Services . Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. 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 ma nner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 C
onformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 S ubstitution 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: Laith Ezzet.
3.2.5 C
ity’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 81 2018-60367.01100\30610656.2 - 3 -
purposes under this Contract. The City Manager hereby designates City Engineer, 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 Laith Ezzet, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 C
oordination 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 S
tandard 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 represent s 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 L
aws 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. 82 2018-60367.01100\30610656.2 - 4 -
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 T
ypes of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: Not Applicable.
(d) 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) ye ars from termination or expiration of this Agreement.
83 2018-60367.01100\30610656.2 - 5 -
(e) 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 and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(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 (d) 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 (e) 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 84 2018-60367.01100\30610656.2 - 6 -
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 W
aiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 D
eductible . 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 E
vidence 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 F
ailure 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 I
nsurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be 85 2018-60367.01100\30610656.2 - 7 -
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 regu lations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exce ed Sixty Two Thousand Four Hundred Forty Four DOLLARS ( $62,444) (“Total Compensation”) without written approval of City’s 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 in an amount not to exceed 10% of the contract value ($6,244).
3.3.2 P
ayment 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 R
eimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 E xtra 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 P
revailing 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” 86 2018-60367.01100\30610656.2 - 8 -
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.
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 E
ffect 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 A
dditional 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 D
elivery 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:
87 2018-60367.01100\30610656.2 - 9 -
HF&H Consultants, LLC
590 Ygnacio Valley Rd. Suite 105
Walnut Creek, CA 94596
Attn: Laith Ezzet
City:
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 C
onfidentiality . 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.
88 2018-60367.01100\30610656.2 - 10 -
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 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 F
raud 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 C
ooperation; 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 A
ttorney’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 pa rty reasonable attorney’s fees and all other costs of such action.
3.5.7 I
ndemnification .
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 Cons ultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys 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. 89 2018-60367.01100\30610656.2 - 11 -
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.
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 G
overning Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.10 T ime of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 C ity’s Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.7 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 A ssignment 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 C
onstruction; 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 A
mendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Wai ver. 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 90 2018-60367.01100\30610656.2 - 12 -
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 I nvalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 P
rohibited 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 E
qual 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-dis crimination 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 L
abor 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 A
uthority 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 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 D eclaration 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 91 2018-60367.01100\30610656.2 - 13 -
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.]
92 93
94 95
60367.01100\30610656. 2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
Attached.
96 HF&H Consultants
590 Ygnacio Valley Rd. Suite 105
Walnut Creek, CA 94596
Phone: (925) 977-6950
Web: hfh-consultants.com
February 11, 2025
Mr. Shaun Pelletier
Public Works Director/City Engineer
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, California 92656
Solid Waste Franchise Agreement Compliance Audit Scope of Work
Dear Shaun:
Please find our scope of work and fee estimate to perform a solid waste management franchise agreement compliance audit enclosed.
We look forward to assisting the City of Aliso Viejo with this project. If you have any questions about this scope of work, please call me at (949) 251-8902.
Very truly yours,
Laith Ezzet, CMC Lindsey Lagos, CPA
Senior Vice President Project Manager
Attachment – Scope of Work
Attachment 1 – HF&H Qualifications
97 1
CITY OF ALISO VIEJO
SOLID WASTE FRANCHISE AGREEMENT COMPLIANCE AUDIT
TO BE PERFORMED BY HF&H CONSULTANTS, LLC
SCOPE OF WORK
Background
The City of Aliso Viejo (“City”) negotiated a solid waste manage ment franchise agreement with CR&R, Incorporated (“Contractor”) in December 2005 for residential and commercial solid waste services. In 2021, the parties entered into an amended and restated agreement (“Agreement”).
Section 8.2.8 of the Agreement provides for haul er-funded triennial audits. The first audit was based on results from the 2021 calendar year. Th e Contractor must reimburse the City’s audit costs; the reimbursement amount per Section 8.2.8 of the Agreement as adjusted for the CPI is $62,444 in 2025 dollars.
During a meeting held with City staff and HF&H Consultants staff on January 30, 2025, City staff indicated:
Customer complaints related to missed pick-ups have increased over the last six months to one year.
Contractor has informed the City that routes are not always completed by the end of the day. There may be some single-family residential customers that do not have the three-cart system and some multi-family customers that do not ha ve recycling and/or organics containers, as required under the Agreement.
Contractor noticed the City regarding a mis-allo cation of disposal tons from 2023, requiring the City’s tonnage reporting to CalRecycle to be revised.
Project Objectives
The objectives of the audit are to:
1. Determine if customers have received the se rvice they are paying for with respect to residential cart service.
2. Confirm the accuracy of franchise fee payments.
3. Verify disposal tonnage reported to the City is consistent with Contractor’s records and data reported to the Orange County Landfill System.
4. Verify compliance with minimum diversion requirements.
5. Review missed pick-ups included in Contractor’s customer service reports to determine if the completion of pick-ups is being logged and reso lved in accordance with the requirements of Section 4.10.1.3.
6. Confirm the age of collection vehicles used within the City does not exceed an average of ten years, per Section 4.10.2.C.
98 2
Scope of Work
TASK 1: DEVELOP AUDIT WORK PLAN
Purpose: It is important that the City’s objectives for the engagement are fully understood and that our work plan be designed to meet those objectives.
Review existing background documents
We will review the existing documents, including but not limited to:
The Integrated Solid Waste Management Services Franchise Agreement Hauler monthly and annual reports submitted to the City, as applicable Hauler remittance of City fees with calculation detail Other available contract-related documents
Meet and consult with City staff
We had a preliminary meeting with the City to discuss the City’s audit objectives on January 30, 2025. If requested by the City, we will prepare for and conduct a follow-up virtual meeting with City staff to confirm the understanding of the project objectives and schedule.
TASK 2: DATA REQUEST
Data Request Preparation
Based on the results of our plan ning procedures from Task 1, we will prepare and provide a document request list to Contractor. Additionally , if necessary, we may also request data from third parties to assist in confirming hauler-reported data. Examples of hauler data to be requested may include:
Customer lists and billing details
Gross receipts details
City fee payment calculations
Internal tonnage reports documenting tons collected, diverted, and disposed Data supporting the 2023 RDRS disposal tonnage revision Customer service reports
Vehicle information
Customer billing credit data
Other data to be reviewed
99 3
After the transmittal of the data request to Contractor, we will meet virtually with the Contractor to review the audit objectives, audit process, an d documents needed to complete the audit to ensure they have an understanding of what is expected during the review process. This meeting helps ensure time spent on the audit is on actu al audit test work rather than communication issues. Finally, we will follow up with Contractor to ensure the data requested is provided to us in a timely manner in order to remain on schedule. Contractor-submitted data will be reviewed by HF&H for contract compliance.
TASK 3: COMPLIANCE AUDIT
The tasks below specifically address our scope and approach to accomplish the City’s goals. All meetings will be conducted virtually using screen share.
Task 3.1 Determine if customers ha ve received the service they are paying for with respect to residential cart service.
The Agreement includes the collection and processing of source-separated recycling and organic materials. The City was informed certain customers had not received organics cart service and some multi-family customers did not have recycling or organics containers. Customers may have been charged for organics collection and processing services in advance of receiving their organics container.
Task work: HF&H will develop a procedure, based on available records, to determine the services required are being provided to customers that hi storically did not have three container service.
The Agreement was signed in November 2021, prompting the requirement for a three-container system. We will request customer data fr om September 2021 for customers that had a documented two-container system and focus our testing on these customers. We will review for charges assessed to customers for recycling and/ or organics services not received, which will necessitate reimbursement.
Task 3.2 Confirm accuracy of franchise fee payments.
Per Section 3.2 of the Agreement, Contractor is to pay the City a franchise fee equal to 7.15% of gross receipts from all solid waste handling ser vices (without deducting disposal costs or any other costs), and 15% of Contractor’s gross re ceipts from construction and demolition waste (minus pass-through costs incurred at disposal or processing facilities us ed or directed to be used).
Task work: We will determine the accuracy of franchise fees paid under the Agreement.
We will report any determined under or over-payment of fees to the City.
Task 3.3 Verify disposal tonnage report ed to the City is consistent with Contractor’s records and data reported to the Orange County Landfill System.
Section 8.3.3.B of the Agreement requires that Contractor submit to the City all solid waste collection within the City sorted by type of solid waste (refuse, recycling, organics, and any other type of solid waste separately collected) in tons and by customer type (c ontainer, bin, roll-off), and the approved facilities and facility types where the tons were processed or disposed, on a monthly basis.
100
4 The City received a letter from Contractor on December 2, 2024 stating that disposal tons were under-allocated to the City by 658.28 tons due to a coding error. The Contractor revised its 2023 RDRS reporting.
Task work: To perform this task, HF&H will:
Obtain from the City and review the monthly tonnage reports submitted by Contractor for the period under review. These reports shou ld include a schedule of tonnage disposed and diverted by line of service and disposal/diversion/processing location Obtain and review Contractor’s reports from their internal landfi ll disposal reporting systems and agree to the tonnage data reported to the City Inquire of the Contractor to determine how mis-allocated tons were identified to be related to the City of Aliso Viejo.
Verify the updated tonnage data reported to th e City agrees to the data reported to the Orange County Landfill System
Task 3.4 Verify compliance with minimum diversion requirements.
Section 4.4.4 of the Agreement re quires that Contractor deliver all construction and demolition (C&D) waste material collected within the City to a C&D processing facility to meet at a minimum a 65% diversion rate for these materials.
Section 4.8 of the Agreement requires the Citywide diversion rate to not fall below the CalRecycle State-mandated Diversion rate requirement.
Task work: HF&H will recalculate the diversion rate based on the diversion information provided in the tonnage report and validate the diversion rate complies with the Agreement. To the extent the tonnage revision reviewed in Task 3.4 impact s diversion, HF&H will recalculate diversion requirements using revised data.
Task 3.5 Review missed pick-ups in cluded in Contractor’s customer service reports to determine if comp letion of pick-ups are being logged and resolved in accordance with the requirements of Section 4.10.1.3.
Per Section 8.3.4.C.1, missed pick-ups are to be separately categorize d within the customer service report submitted quarterly to the City by Contractor. Per Section 4.10.1.3, if a missed pick-up is reported to the Contractor by noon, the Contractor shall collect it on the same business day. Missed pick-ups reported after noon shall be collected the next business day. 8.3.4
Task work: HF&H will request the customer service reports provided to the City on a quarterly basis or maintained by the Contractor. We will review missed pick-ups for a selected timeframe to determine the inclusion of resolution and de termine if missed pick-ups are documented as being collected within the required remediation time frame. If information is not included in the customer service report, we will make a selectio n of missed pick-ups and request data on the collection of the reported missed pick-ups.
101
5 Task 3.6 Confirm the age of collection vehicles used within the City do not exceed an average of ten years, per Section 4.10.2.C.
Section 4.10.2.C of the Agreements requires th at the average age of th e collection vehicles regularly used to provide services within the City does not exceed ten years.
Task work: HF&H will confirm that the collection vehi cles used within the City comply with the age limit requirement.
TASK 4: REPORT
We will provide a written report to the City that:
A. Documents HF&H’s audit findings.
B. Offers recommendations, if applicable, as to how to address discrepancies or inaccuracies in records and reports made to City, methods of assessing the City fees, or surrounding other issues that may arise during our review.
C. Includes comments, if applicable, regarding the Contractor’s compliance with the reviewed agreement terms.
We will provide a draft report to the City for review. We will additionally provide a draft report to the Contractor for acknowledgement and response prior to finalizing the report, and, if applicable, incorporate Contractor’s response in the final report. We will revise the report once based on City and Contractor feedback, and submit our final report to the City.
Fee Estimate
Per Section 8.2.8 of the Agreemen t, Contractor will reimburse audit costs up to $62,444. To ensure ratepayers obtain the full benefit of this Agreement option, we have scoped our services to the reimbursement amount of $62,444. If the Ci ty desires to reduce the level of testing, we can update the scope and fee accordingly.
We will bill the City once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing.
102
6 Workplan
Professional Fees
Hourly rates through December 31, 2025, for prof essional and administrative personnel are as follows:
PosiƟon Rate
ExecuƟve $330 - $365
Senior Project Manager $305 - $325
Project Manager $275 - $285
Senior Associate $225 - $270
Associate Analyst $185 - $205
Assistant Analyst $160 - $180
AdministraƟve Staff $135 - $170
Billings for professional services and charges are submitted every month, in order that our clients can more closely monitor our services.
Task Sr. Vice
President
Project
Manager
Associate
Analyst
Total
Hours/Fees
Task 1: Development of Audit Plan 3 8 8 19
T a s k 2 : D a t a R e q u e s t 143 8
3.1 Determine if customers have received the
service they are paying for with respect to
residential cart service. 2 17 27 46
3.2 Confirm accuracy of franchise fee
paym e n t s . 128 1 1
3.3 Verify disposal tonnage reported to the
City is consistent with Contractor’s records
and data reported to the Orange County
Landfill System. 1 15 10 26
3.4 Verify compliance with minimum diversion
requ i r e m e n t s . 028 1 0
3.5 Review missed pick-ups included in
Contractor’s customer service reports to
determine if completion of pick-ups are
being logged and resolved in accordance
with the re
quirements of Section 4.10.1.3. 2 8 24 34
3.6 Confirm the age of collection vehicles used
within the City do not exceed an average
of ten years, per Section 4.10.2.C.
18 1 6 2 5
7 52 93 152
Task 4: Report 6 24 48 78 17 88 152 257 359$ 285 $ 205 $
$6,103 $25,080 $31,160 $62,343
101$
$62,444
Total Hours
Hourly Rates
Total Fees
Expenses
Total Fees and Expenses
Description
Task 3: Compliance Review
Total
103
7 Direct Expenses
Standard charges for common direct expenses are as follows:
Automobile Travel ............................................. Prevailing IRS mileage rate Airfare and Public Transit .......................................................... Actual Cost 104
Attachment 1
1-1
HF&H Qualifications and Experience
HF&H Qualifications
HF&H specializes in providing advisory services to managers of solid waste, water, wastewater, and stormwater activities. Since 1989, HF&H has assisted jurisdictions throughout California with designing their recycling and solid waste systems, selecting contractors for the provision of those services, managing the contracts, implementing those systems, and auditing private waste and recycling companies. In order to pr event any potential or perceived conflict of interest, HF&H works exclusively for public sector clients.
Relevant Experience
The City of Aliso Viejo can benefit from the hundreds of recycling and solid waste hauler audits HF&H has conducted. The matrix provided in Figure 1 gives the City an idea of the depth and breadth of our auditing experience. We would be happy to provide the City more information on any of the audits/reviews listed in this section.
HF&H has performed numerous contract complia nce audits for jurisdictions in Southern California. Each audit is unique, as is each contract and city. Below are examples of some of the objectives and findings from our many projects:
A. Determined whether the franchise haulers:
Accurately paid a variety of city fees
Accurately accounted for and reported tonnage
Implemented solid waste and recycling programs in accordance with the terms of the franchise agreement
Met diversion requirements contained in the contracts Met processing or transformation requirements
Met vehicle age and fuel requirements
Accurately billed customers in accordance with the approved rate schedule Maintained adequate insurance levels, as required in the contracts Maintained complaint logs and resolved customer service issues in a timely manner Maintained prescribed levels of performance bonds
Conducted required public outreach and public education B. Examples of findings from our previous contract compliance audits include:
Inaccuracies in customer billing
Billing of extra fees and charges not identified in the approved rate schedule Underpaid city fees (in one instance over $500,000 in additional fees due to one city) Inaccurate reporting of disposal tonnage to landfills Non-compliance with waste diversion, processing, and/or transformation requirements Inaccurate documentation of customer complaints
Lack of required documentation for required periodic route audits Underpayment of recyclable revenue sharing amounts due to public agencies Inaccurate application of rate adjustment formulas
Assessment of financial penalties for late payments and/or late reports Disposal rate components that exceed the cost of service Other miscellaneous non-compliance with contract requirements 105
Attachment 1
1-2
HF&H also serves its clients through contract management and active collaboration with CalRecycle. We assist our clients with negotiating and implementing high diversion programs at reasonable customer rates, monitoring diversion compliance, development of public education and outreach and monitoring mechanisms to assist with compliance, and reporting on program progress to ensure positive results.
106
Attachment 1
1-3
Figure 1. Audits Performed from HF&FH’s Irvine Office.
Total # of
Client # of Auditing
Projects
Haulers
Audited Fee Payments
to City/County Tons Billing Contract
Compliance
Operating
Data/Cost of
Service
Ali so Vi ejo 2 1 X X X
Arcadi a 2 4 X X
Be llflowe r 5 2 X X X X
Be ll Garde ns 1 1 X X
Be ve rly Hills 12 6 X X X X
Burbank 13 28 X X
Carlsbad 1 1 X
Cerritos 1 1 X
Covina 1 1 X
Dana Point 4 1 X
Diamond Bar 1 1 X X
Downey 1 1 X
El Centro 1 1 X X X X
El Monte 4 3 X X X
Fulle rton 2 1 X X
Glendale 1 43 X X
Hermosa Beach 1 1 X X X X X
Hesperia 2 1 X
Indian We lls 1 1 X
Inglewood 4 1 X X X X
Irvine 3 4 X X
La Habra 1 1 X
La Palma 4 1 X X X
Lawndale 4 2 X X X X
Long Beach 3 8 X X X
Manhattan Beach 2 1 X X X X
Mission Viejo 1 1 X
Monterey Park 1 1 X
Orange (City of) 1 1 X X X X X
Orange County 1 4 X
Palm Springs 1 1 X X X X X
Palmdale 1 1 X X X X
Pomona 3 5 X X
Poway 1 1 X
Redondo Beach 4 1 X X X X X
Santa Ana 1 1 X X X X
Santa Barbara County 4 3 X X
Santa Clarita 2 3 X X X
Torrance 4 35 X X
Tustin 1 1 X
Vernon 1 22 X X
Whittier 2 2 X X X X
Scope of Audit
107
Attachment 1
1-4
The Senior Vice President and Project Manager’s bios are included below.
Laith B. Ezzet, CMC Senior Vice President
A Certified Management Consultant, Laith Ezzet has over 30 years of experience as an economist and solid waste consultant. As Senior Vice President of HF&H, he has assisted over 100 public agencies to plan, implement, and monitor their solid waste collection, recycling, and disposal programs to achieve compliance with CalRecycle regulations, including AB 939, AB 341, AB 1826, and SB 1383. During the course of these engagements, he has presented to or participated in more than 200 public workshops and public meetings for City Councils, Boards of Supervisors, and citizens’ advisory groups. He has assisted public agencies to obtain solid waste agreements and/or waste flow agreements through competitive procurements and exclusive negotiations valued at more than $2.0 billion. Mr. Ezzet is a past member of the Board of Directors of the California Resource Recovery Association, and for over 20 years has served as a Director of the Southern California Founding Chapter of the Solid Waste Association of North America.
Solid Waste Rate Studies and Audits
Mr. Ezzet has provided expert solid waste advice over 70 cities and coun ties in the areas of rate analysis, cost of service studies, program planning and funding, and negotiation of solid waste rates. Examples of clients whom he has assisted with fee audits, performance audits, contract compliance audits, and solid waste rate analysis of both existing and proposed services, include the cities of Aliso Viejo, Anaheim, Arcadia, Bellflower, Beverly Hills, Burbank, Chandler, Covina, Dana Point, Downey, El Ce ntro, El Monte, Fullerton, Garden Grove, Glendale, Hermosa Beach, Hesperia, Indian Wells, Indio, Inglewood, La Palma, Laguna Beach, Laguna Niguel, Long Beach, Manhattan Beach, Monterey Park, Moreno Valley, Orange, Palmdale, Palm Springs, Pasadena, Placentia, Pomona, Redondo Beach, San Bernardino, San Clemente, San Juan Capistrano, Santa Clarita, Santa Monica, Seal Beach, Torrance, Whittier, Yorba Linda, and others. During the course of these and other engagements, Mr. Ezzet has directed the auditing of financial and operat ing records at approximately 100 solid waste companies throughout Southern California.
Lindsey Lagos, CPA Project Manager
Lindsey Lagos brings 11 years of public accounting assurance experience to the HF&H Rates & Audits team. In her role as a Project Manager, she assists in hauler contract compliance reviews, cost of service analys es, reviewing rates for program changes, annual and extraordin ary rate adjustment studies, contract negotiation services, and conducting competitive solid waste procurements. These proj ects have entailed gathering various types of information including, but not limited to, rates, billing details, financial analysis inputs, and haulers’ sensitive financial records. Her experience involves intaking large amounts of information from different sources and distilling it into an organized an alysis. Her work includes assessing accuracy, reasonableness, and completeness of data.
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Attachment 1
1-5
Compliance Audits
Lindsey has performed or is in the process of performing hauler compliance reviews for the cities of Aliso Viejo, Beverly Hills, El Centro, Inglewood, Lawndale, Palmdale, Manhattan Beach, Redondo Beach, Santa Ana, and Whittier, to determine the solid waste hauler is in compliance with a variety of key contract terms.
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60367.01100\30610656. 2 B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from July 1, 2028 through June 30, 2029. The second renewal period shall be from July 1, 2029 through June 30, 2030.
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60367.01100\30610656. 2 C-1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the annual average Consumer Price Index of the prior calendar year , All Urban Consumers, Los Angeles - Riverside-Orange Counties up to a maximum percentage of five percent (5%). 111